GAO recently released new procedures for filing and handling bid protests involving classified material.  The procedures emphasize that classified material cannot be filed on GAO’s Electronic Protest Docketing System (EPDS) under any circumstances.  Instead:

  • Initial Protest Filing:  GAO protests involving any classified material should be filed with the agency and not in EPDS.  Both the protester and agency should immediately notify GAO of the filing.  GAO will then complete an unclassified notification form and provide the completed form to the protester to file on EPDS.
  • Other Filings:  Once the protest has been initiated, the GAO attorney will provide further instruction regarding how future filings should be handled.  For filings that potentially involve classified material, the filing party must submit the filing first to the agency for security review, unless directed otherwise by GAO.
  • Timeliness:  The date a classified protest or classified filing is filed with the agency is considered to be the date filed with GAO for timeliness purposes.

The complete procedures are available on GAO’s website.

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Photo of Kayleigh Scalzo Kayleigh Scalzo

Kayleigh Scalzo represents government contractors in high-stakes litigation matters with the government and other private parties. She has litigated bid protests in a wide variety of forums, including the Government Accountability Office, U.S. Court of Federal Claims, U.S. Court of Appeals for the…

Kayleigh Scalzo represents government contractors in high-stakes litigation matters with the government and other private parties. She has litigated bid protests in a wide variety of forums, including the Government Accountability Office, U.S. Court of Federal Claims, U.S. Court of Appeals for the Federal Circuit, FAA Office of Dispute Resolution for Acquisition, Port Authority of New York and New Jersey, federal and state agencies, and state courts. She is also a co-head of the firm’s Claims, Disputes, and Other Litigation Affinity Group within the Government Contracts practice.

Kayleigh has particular experience navigating state and local procurement matters at both ends of the contract lifecycle, including bid protests and termination matters. In recent years, she has advised and represented clients in connection with procurements in Alaska, Arizona, California, the District of Columbia, Illinois, Indiana, Kansas, New Jersey, New York, Pennsylvania, Tennessee, Texas, and Virginia.

Kayleigh is a frequent speaker on bid protest issues, including the unique challenges of protests in state and local jurisdictions.

Photo of Jay Carey Jay Carey

A Chambers-rated government contracts practitioner, Jay Carey focuses his practice on bid protests, and regularly represents government contractors before the U.S. Government Accountability Office and the Court of Federal Claims. He has prosecuted and defended more than 80 protests, including some of…

A Chambers-rated government contracts practitioner, Jay Carey focuses his practice on bid protests, and regularly represents government contractors before the U.S. Government Accountability Office and the Court of Federal Claims. He has prosecuted and defended more than 80 protests, including some of the most high-profile protests in recent years, for clients in the aerospace and defense, biotechnology, healthcare, information technology, and telecommunications sectors. Mr. Carey also counsels clients on compliance matters and all aspects of federal, state, and local government procurement and grant law. He counsels clients extensively on organizational conflicts of interest (OCIs) and on strategies for protecting and preserving intellectual property rights (in patents, data, and software).

Photo of Hunter Bennett Hunter Bennett

Hunter Bennett focuses his practice on contract formation and disputes issues, with a particular emphasis on bid protests.   Mr. Bennett worked with the U.S. Department of Justice (DOJ), Civil Division, Commercial Litigation Branch, National Courts Section.  During his time with the DOJ, Mr.

Hunter Bennett focuses his practice on contract formation and disputes issues, with a particular emphasis on bid protests.   Mr. Bennett worked with the U.S. Department of Justice (DOJ), Civil Division, Commercial Litigation Branch, National Courts Section.  During his time with the DOJ, Mr. Bennett primarily focused on defending the United States against bid protests filed in the U.S. Court of Federal Claims.  In addition, he successfully briefed and argued multiple cases in the United States Court of Appeals for the Federal Circuit.