The U.S. Government Accountability Office (GAO) has shut down operations due to a lapse in appropriations, including the Bid Protest Office. GAO has also issued instructions governing protests and filings during the shutdown. Key points below, followed by practical guidance for contractors and counsel.
What GAO Announced
- GAO is closed (including the Bid Protest Office). Most GAO functions are paused until operations resume.
- EPDS is down. Effective 12:00 p.m. (noon) ET on October 1, 2025, GAO's Electronic Protest Docketing System (EPDS) is not operational and will be inaccessible for the duration of the shutdown. No protest-related documents can be filed or accessed via EPDS while GAO is closed.
- GAO decision clocks are tolled. GAO will toll protest decision deadlines for a period equal to the length of the shutdown. (This effectively pauses the statutory 100-day GAO decision period while the office is closed.)
- Filing deadlines that fall on a closed day move to GAO's first day back. If the due date for a new protest lands on a day GAO is closed, the deadline rolls to the next business day when GAO reopens—just as with weekends or federal holidays.
- All other protest-related deadlines slide
day-for-day. Because EPDS is offline and parties cannot
access protest documents, any other filing
deadline for an agency or private
party (e.g., agency reports, comments,
supplemental protests) that would have come due
during the closure is extended by one day for each day GAO
is closed.
Example: If GAO closes Oct. 1 and reopens Oct. 6, an agency report originally due Oct. 3 is now due Oct. 8.
Practical Guidance
- If you were about to file a new GAO
protest:
You cannot file via EPDS while GAO is closed. If your timeliness date falls during the closure, your due date automatically moves to GAO's first day of resumed operations. Track that date now. - If you have an active GAO protest:
- Shift all existing deadlines day-for-day for each day of closure (for agency reports, comments, supplemental grounds, etc.).
- Expect the GAO decision date to extend by the length of the shutdown (tolling of the 100-day clock).
- Preserving the automatic stay:
If you were timing a filing to secure a CICA automatic stay of award/performance, remember the stay hinges on meeting the statutory windows (e.g., within 5 days of a required debriefing's close or 10 days of award). With EPDS offline, you cannot file at GAO. Consider alternative forums (e.g., the Court of Federal Claims) or agency-level protest strategies to preserve leverage, depending on your posture and timing. (See FAR 33.104 for the core protest mechanics and timelines.) - Be ready for the restart:
When operations resume, act quickly on service obligations (e.g., serving the agency within 1 day of filing at GAO) and protective order logistics so you don't lose time. - Paper the record now:
Preserve solicitation and award records, debriefing communications, and internal analyses so you can file promptly when GAO reopens—or pivot to COFC if necessary.
Why GAO's approach matters
The framework is predictable: decision clocks pause, new-protest deadlines roll to reopening, and all other deadlines extend day-for-day. For most contractors, the strongest posture is to prepare to file at GAO on the first day it reopens (to leverage GAO's forum and the CICA stay) while keeping a COFC contingency ready if time-sensitive relief is essential and the closure jeopardizes your position.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
