Automatic Stay of Award or Performance

The automatic stay of contract award or performance is only available in protests filed at GAO. The COFC may stay award or performance through granting injunctive relief, but it is a much more onerous requirement for protestors. Ensuring an automatic stay at GAO, though, requires that a protestor file its grievance in advance of the statutorily prescribed deadline for protesting. The automatic stay is not triggered until the GAO provides notice to the contracting agency. While EPDS automatically informs an agency when a protest is filed, GAO has up to one day to do so. The stay is not triggered by the filing, but by GAO’s notice to the agency, and GAO will not review a dispute over whether an agency improperly failed to apply the stay. So, protestors at GAO should take care to carefully calculate the deadline for triggering the stay and file accordingly.

 

Government Contracts Attorney Kristi Morgan AronicaOur government contracts posts are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally.