Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

Pillsbury Winthrop Shaw Pittman – The Competition in Contracting Act (CICA) mandates a stay of performance of a new federal government contract where a contractor files its bid protest at the Government Accountability Office (GAO) within five calendar days of receiving its required debriefing. Since 2018, contractors have been entitled to “enhanced debriefings” in Department of Defense (DoD) procurements, including the right to submit written questions within two business days after receiving their written debriefings and to receive written answers to those questions. Reversing a decision of the U.S.