With the 2018 Government shutdown entering the work week, any contractors with ongoing or potential protests may be wondering what the effect of the shutdown will be on the protest process.
Government Accountability Office
According to the GAO Protest page, the GAO is closed due to the shutdown of the federal government, including the GAO bid protest office. Thus, there “will be no personnel monitoring protest filings at GAO.” According to the notice:
One key take-away for new protesters: if you need to file a protest for purposes of a CICA stay, consider filing through the email system while GAO is closed or very early on the first day the GAO reopens, then calling to ensure the agency is notified. Depending on how long the shutdown lasts, the GAO may have a large backlog of protest filings to get through on the first day it reopens, so waiting until the last minute on the day a protest is due may not give the GAO sufficient time to notify the Agency.
Court of Federal Claims
According to the Court of Federal Claims website and a call to the Clerk’s office, the Court of Federal Claims is and expects to remain open during the shutdown.
The FAA Office of Dispute Resolution for Acquisition (ODRA) has notified protesters that it has ceased all normal operations during the shutdown and all scheduled proceedings are suspended indefinitely. All filings and other deadlines are extended automatically on a day-for-day basis for each government business day, or portion of a business day, affected by the shutdown. Parties or counsel for parties may still file with ODRA by facsimile or email if they choose to do so; however, such filings will not be reviewed until ODRA resumes operations.