Who's In Charge? The GAO, the FAR Council, and Jurisdiction Over Task Order Bid Protests

By W. Bruce Shirk

We’ve previously complained about the FAR Council’s tendency to take too much time to issue rules that entail consideration of complex subject matter, as indicated, for example, by the 13 years during which the Council dallied before issuing final rules for commercial off the shelf items, discussed here.  Recent events suggest, however, that there may be good reason for the Council’s dilatory behavior because, as it turns out, when the Council does move quickly in response, say, to a legislative change, it tends to come up with the wrong answer.
 

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