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SKoslow

NDAA 2017 signed in December 2016, increased GAO DOD protest reviews from $10M to $25M

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WIFCON looking for a little help.

 

NDAA 2017 was signed December 2016, where it increased GAO DOD protest reviews from $10M to $25M. Civilian agencies remained at $10M.

 

So here is the question. Is GAO/agencies waiting for the updates to the FAR DFAR, or are the new thresholds being adjudicated in accordance with the NDAA 2017 signing.

 

Thank you

 

 

 

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I don't recall seeing a protest under $25mil for DOD where GAO declined to hear it since the NDAA 2017 signing, but there have been protests where GAO specifically mentioned their authority to hear protests within their jurisdictional threshold.

See Note 1.  http://www.gao.gov/products/D16742#_ftn1 

Quote

Since the value of the task order exceeds $25 million, this procurement meets the current jurisdictional threshold of $25 million for our Office to hear protests related to the issuance of task orders under multiple-award, IDIQ contracts awarded pursuant to Title 10 of the United States Code. 10 U.S.C. § 2304(d)(1)(B); National Defense Authorization Act for Fiscal Year 2017, Pub. L. No. 114-328, 130 Stat. 2000, § 835 (amending jurisdictional threshold to $25 million, effective December 23, 2016).

 

GAO isn't going to wait for the FAR to be updated. Maybe not all that applicable here, but agencies shouldn't wait either when something is authorized but hasn't been included in the FAR. 

 

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GAO's bid protest jurisdiction is not governed by the FAR just as jurisdiction of the Court of Federal Claims is not governed by the FAR.  Each is independent of what is in the FAR.

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