COVID-19 Can Influence Procurement Decisions and Bid Protest Outcomes

Rogers Joseph O'Donnell – Since the outbreak of COVID-19 began in late 2019, the virus has impacted every facet of the lives of people all over the world—in the United States it has taken nearly 430,000 lives, shuttered businesses, caused workforce reductions, closed schools and offices, and changed the way that people interact with one another in their personal and professional lives. Unsurprisingly, COVID-19 has also impacted government procurements and bid protests. On at least three occasions in 2020, the Government Accountability Office (the “GAO”) and the United States Court of Federal Claims considered the impacts of COVID-19 on pending procurements.  These decisions illustrate that COVID-19 can be a factor in defining the requirements of a solicitation, in preparing proposals, and in agency decisions to “override” the Competition in Contracting Act (“CICA”) stay of performance triggered by a GAO protest.