Update to Statutory Citations and Internet Address in Bid Protest Regulations
The Government Accountability Office (GAO) is issuing a final rule to amend its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 198...
The Government Accountability Office (GAO) is issuing a final rule to amend its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 1984 (CICA), to make an administrative change by updating citations to the United States Code to reflect amendment and recodification of underlying statutory provisions. The revisions only reflect changes that update an internet address and that update statutory citations to reflect statutory changes, so GAO has determined that the rule is uncontroversial and therefore it is appropriate to issue a final rule.
DATES:
This rule is effective November 13, 2026.
FOR FURTHER INFORMATION CONTACT:
Edward T. Goldstein (Managing Associate General Counsel,
goldsteine@gao.gov).
SUPPLEMENTARY INFORMATION:
Background
GAO is revising the Bid Protest Regulations as a result of an addition to the statutory bid protest authority in section 326(b)(1) of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, 122 Stat. 63 (Jan. 28, 2008); and as the result of a statutory recodification in the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116-283, 134 Stat. 3388 (Jan. 1, 2021). Subsection (e) of section 1820 of Public Law 116-283 transferred section 2304c of title 10, United States Code to chapter 245 of title 10 and redesignated it as new section 3406 of title 10, among other things. GAO is also updating an internet address.
No Comments
GAO is not subject to the Administrative Procedure Act and accordingly is not required by law to seek comments before issuing a final rule. Additionally, this final rule makes only technical corrections that are uncontroversial, so comments are not invited.
Updated Citations and Address
GAO revises paragraphs (g) and (l) of 4 CFR 21.5 to reflect an addition to its statutory bid protest authority and the redesignation of the cited statutory provision from subsection 2304c(e) to subsection 3406(f) of Title 10 of the United States Code, respectively. GAO also revises the internet address provided in paragraph (f) of 4 CFR 21.0 to reflect the current address.
(f)
Electronic Protest Docketing System (EPDS)
is GAO's web-based electronic docketing system. GAO's website [
epds.gao.gov] includes instructions and guidance on the use of EPDS.
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3. Amend § 21.5 by revising paragraphs (g) and (l) to read as follows:
(g)
Procurements by agencies other than Federal agencies as defined by sec. 3 of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 102.
Protests of procurements or proposed procurements by agencies such as the U.S. Postal Service, the Federal Deposit Insurance Corporation, and nonappropriated fund activities are beyond GAO's bid protest jurisdiction as established in 31 U.S.C. 3551-3557.
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(l)
Protests of orders issued under task or delivery order contracts.
As established in 10 U.S.C. 3406(f) and 41 U.S.C. 4106(f), GAO does not have jurisdiction to review protests in connection with the issuance or proposed issuance of a task or delivery order except for the circumstances set forth in those statutory provisions.
Use this for formal legal and research references to the published document.
91 FR 73137
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Update to Statutory Citations and Internet Address in Bid Protest Regulations,” thefederalregister.org (November 13, 2026), https://thefederalregister.org/documents/2026-23168/update-to-statutory-citations-and-internet-address-in-bid-protest-regulations.
Public Law 110-181
paragraphs (g)
epds.gao.gov