Chenoweth, peter anthony lewis, and rena rudavsky, analysis of government accountability office bid protests in air force source. Here is a copy of our agenda for todays presentation. This report is timely because of the increasing trend of protests in federal acquisition. Deadlines for filing bid protests that arise after bid opening can vary, but the general rule of thumb is. Follow up to previous posting, amazons lawsuit released against gao in cloud computing contract case, see this new crs report, gao bid protests. Related entries gaos guide to winning bid protests dec.
Bid protests statistics per gao bid protest annual report to congress for fiscal year 2019 nov 5, 2019. Despite the 16day closure of its office, gao was able to resolve all. Bmmi filed four gao bid protests and dla did take corrective action in the first three protests. Bmmi then filed a court of federal claims bid protest challenging the source selection process. Prior awards, gao protests, and corrective actions. Section 1651 requires streamlining collection, querying, analysis, and accessibility. According to gaos report to congress in 2014, when the government shut down in 20, gao had 280 active bid protests pending. Aug 11, 2015 recent crs report reveals longterm trends in gao protests by jennifer plitsch and nooree lee on august 11, 2015 posted in bid protests a recent study from the congressional research service crs identified several notable trends in bid protests before the government accountability office gao from fy 2001 to fy 2014. The number of losing companies protests to the government accountability office, which handles the vast majority of bid protests, has increased from 1,352 in 2003 to 2,429 last year. Microsoft word and ethnography v6 qualitative data analysis software to transcribe.
Understanding and mitigating protests of department of defense. Foremost among these trends are 1 a significant increase in bid protests filed over the past fourteen years but relative stability in filing rate over the past several years. Gao publishes fiscal year 2019 bid protest statistics. Gao bid protests impacts of a government shutdown jones. Share gao annual report shows processrelated protest grounds most successful, among other trends using email gaos most recent bid protest annual report to congress, for fy 20, shows protesters are achieving the most success not by attacking an agencys evaluation judgments as unreasonable, but by challenging evaluation processrelated. An overview of time frames and procedures congressional research service 1 id protestsor written objections to certain actions, described below,1 taken by federal agencies when acquiring supplies or services for their direct use or benefitare of perennial interest to congress. That result is not surprising, given the strong deference gao affords agencies judgments regarding the comparative merit or risk of proposals. The decisions address complex cost and pricing issues that are relevant to contractors not only as they prepare complex proposals for forthcoming opportunities, but also in determining the course of. Ten bid protest trends and tips government, public sector. Government accountability office bid protests in air force source selections. Contract bid protests and retroactive corrective actions are placing unnecessary. Recent crs report reveals longterm trends in gao protests. The new rules, which most significantly require the use of an electronic docketing system and impose a new filing fee, become effective may 1, 2018.
An overview of time frames and procedures congressional research service summary for purposes of federal law, a bid protest involves a written objection to the conduct of government agencies in acquiring supplies and services for their direct use or benefit. The congressional research service crs issued a report to congress, gao bid protests. Overview of gao protests analytics for 2017 and the historical rand bid protest study by. The rand study of dod protests at the gao and the cofc february 1, 2018. Apr 10, 2018 gao announced that starting in may all bid protests will have to be processed online through its new electronic bid filing and dissemination system epds. In gaos 20 annual report to congress on bid protests, gao reported that it sustained bidder protests for 87 protest cases out of 2,538 cases it closed that year. Over the years, gao has developed a substantial body of law and standard procedures for considering bid protests. An analysis of gaos 2018 bid protest statistics regression toward. R40227 gao bid protests trends and analysis internet archive. Crs is an important institution on our legislative branch, roemerman said. This report provides an overview of the time frames and procedures in a government accountability office gao bid protest, including 1 what issues can be protested with gao. To qualify as americanowned, the statute requires evidence that the bidder has performed similar construction work in the united states or at a united states diplomatic or consular establishment abroad.
Sharon and bob bring to this timely webinar a unique combination of practical knowledge, on the ground experience and legal analysis. Gaos most prevalent grounds for sustaining bid protests published on may 10, 2016 may 10, 2016 14 likes 0 comments. Apr 27, 2017 according to gao s report to congress in 2014, when the government shut down in 20, gao had 280 active bid protests pending. Williams the rand bid protest study performed pursuant to the national defense authorization act ndaa of 2017 came out recently and is approximately 125 pages. The gaos report also includes a chart providing similar bid protest statistics for fiscal years 20152019. Gaos procurement law division adjudicates these bid protests. Nov 28, 2019 the gaos report also includes a chart providing similar bid protest statistics for fiscal years 20152019. Of particular note, the report states that, of the protests resolved on the merits during. Gao is accepting comments on its proposed amendments until may 16, 2016. We then used data mining software clementine and minitab, both produced identical. This weekly series is designed to discuss the basics of disputing government awards of federal contracts. Comptroller general bid protest statistics since 1997. The government accountability office gao recently issued to congress its annual bid protest report.
Apr 09, 2018 gao brings bid protest process online. Trends and analysis congressional research service summary bid protests on federal government contracts filed with the government accountability office gao have received congressional scrutiny due to protests of highprofile awards and reports that the number of protests is increasing. The percy amendment gives americanowned bidders a ten percent price advantage when competing for state department construction projects. This report is one of two providing congress with background on the government accountability office gao bidprotest process.
How good are your chances of winning a bid protest. Gao bid protests a 10part series by nick solosky part 1. Bid protests are an important and unique aspect of the government procurement system. Gao annual report shows processrelated protest grounds most. This fiveyear snapshot provides some valuable insight into current bid protest trends and developments at the gao. How us gaos bid protest process works why defense contractors. A stepbystep guide to navigating the labyrinth when federal procurement agencies fail to adhere to statutory or regulatory guidelines for procurement, solicitors or potential solicitors may pursue a bid protest to challenge the contracting agencys process or decision.
Gao reports fy 20 bid protest statistics government. The government accountability office gao issued a final rule on april 2, 2018, that implements several important changes to the gao bid protest process, including revisions to the draft regulations that were proposed a year ago. Overview of gao protests analytics for 2017 and the. Manuel, analyzes recent trends in bid protests filed with gao, particularly protests involving the department of defense. Jan 23, 2020 8 bid protests interesting decisions inserso corp b417791. Conventional wisdom and patterns in bidprotest decisions. Gao closed 259 task order protests during fy 20 50 more than in any prior year. Wellconstructed bid protests can be a useful tool to use in the federal procurement process, writes govwin research analyst nathaniel kulyk.
Government accountability office gao released the gao bid protest annual report to congress for fiscal year 2014 bid protest statistics for fiscal year 2014. We issued the first edition of this booklet in 1975 to facilitate greater public familiarity with the bid. A bid protest is a challenge to the terms of a solicitation or the award of a federal contract. Government accountability office gao released the gao bid protest annual report to congress for fiscal year 2014.
Kick off federal fy 2019 with industryleading data and analysis on the top federal opportunities opening up in the next year. This report provides an overview of the time frames and procedures in a government accountability office gao bid protest, including 1 what issues can be. Most notably, the total number of protests filed at the gao dropped by 16 percent from the prior year. If a party interested in a government contract believes that an agency has violated procurement law or regulation in a solicitation for goods or services, or in the award of a contract, it may file a bid protest with our office.
Trends and analysis which draws on work by lone star ceo steve roemerman, among others. Kang, senior attorney, government accountability office, 441 g street nw, washington, dc 20548. Use these fields to find status information about bid protest cases filed in the past 12 months. We will begin with an overview of the gao bid protest process, then we will move to some basic principles applicable to bid protests. Gao bid protests a 10part series by nick solosky part. The new rules, which most significantly require the use of an electronic docketing system and impose a new filing. A descriptive guide tenth edition, 2018 gao 18510sp, may 1, 2018 overview of gao s handling of bid protests dec 8, 2010. All protests of government contract awards will have to be filed through a new online portal, starting in. The government accountability office gao recently issued several decisions. One additional trend of note was that the use of hearings by the gao in bid protests. Gaos most recent bid protest annual report to congress, for fy 20, shows protesters are achieving the most success not by attacking an agencys evaluation judgments as unreasonable, but by challenging evaluation processrelated issues. Gao georgia tech procurement assistance center part 15. Gao announced that starting in may all bid protests will have to be processed online through its new electronic bid filing and dissemination system epds.
Gao s procurement law division adjudicates these bid protests. How the protest process works steve charles, cofounder of immixgroup, offers a stepbystep process on how to protest a lost government contract bid. A descriptive guide, prepared by the office of the general counsel, to aid those interested in gao s bid protest process. Basics to file a gao bid protest against federal contracting. Bid protests on federal government contracts filed with the government accountability office. Overview of gao protests analytics for 2017 and the historical rand bid protest study. Gao releases bid protest statistics for fiscal year 2014. Overwhelmingly, protests are brought at gao, and that is what we will focus on. In recent years, the number of protests filed with gao has steadily increased. There has been a significant shift in bid protest trends over the last five years. First, gao is receiving more task order protests than ever before. For protests concerning solicitation defects apparent before bid opening, the protest must be filed before the date proposals are due. Under the gao bid protest regulations, a contractor can protest the. Government accountability office released the gao bid protest annual report to congress for fiscal year 2015.
Gao brings bid protest process online federal times. Evidence and optionsexecutive summary, santa monica, calif rand corporation, mg1077af, 2012, and thomas light, frank camm, mary e. Gao issues legal opinions and decisions to congress and federal agencies on the use of, and accountability for, public funds, including ruling on potential violations of the. Deadline to file gao bid protest challenging agency evaluation. A recent study from the congressional research service crs identified several notable trends in bid protests before the government accountability office gao from fy 2001 to fy 2014. To help kick off the blog, ill be publishing a 10part series on bid protests at the government accountability office gao. Task and delivery order protests developments of the 2,299 protests filed in fy 2010, 194 were attributable to gaos supplemental task order jurisdiction 129 related to dod orders 65 related to civilian orders cbo reports that 50% of these protests have resulted in some form of relief from the procuring agency. On january 2, 2014, the government accountability office gao provided its annual report to congress with data concerning overall protest filings for fiscal year fy 20 and a summary of the most prevalent grounds for sustaining protests during the preceding year in fy 20, the gao received 2,429 cases, including 2,298 protests, 56 cost claims, and 75. Companies pursuing business with the united states should understand the protest process, the alternative forums for protest adjudication, and the latest developments in protest regulations and case law. The gao s bid protest process includes some unique featuresmost notably, the automatic stay of contract award or performance during a gao protest that make gao a desirable forum for many disappointed bidders and offerors. Mar 11, 2014 how the protest process works steve charles, cofounder of immixgroup, offers a stepbystep process on how to protest a lost government contract bid.
Project on government oversight feb 2108 fines for bid protests. Protest report draws from lone stars ceo lone star analysis. The new electronic bid system is designed to provide a more efficient process for all participants, providing realtime notice to federal agencies of new protest filings as well as notice to. Within that report it had some interesting and unexpected results. Bid protests on federal government contracts filed with the government accountability office gao have recently received increased congressional scrutiny due to protests of highprofile.
It analyzes 1 trends in bid protests filed with gao, 2 the impact bid protests have in delaying contracts, 3 the most common grounds for gao to sustain a protest, and 4 trends in bid protests filed against the department of defense dod. According to gaos bid protest annual report to congress for fiscal. The rand bid protest study performed pursuant to the national defense authorization act ndaa of 2017 came out recently and is approximately 125 pages. The government accountability office has released its bid protest statistics for fiscal year 2018 with the gao bid protest annual report to.
All protests of government contract awards will have to be filed through a new online portal, starting in may 2018. Gao brings bid protest online with new docketing system. Gao bid protest sustain rate remains high in fy 2017 jd supra. Second, gao continues to hold fewer hearings to resolve protests. The delay of contract award or performance triggered by a gao protest, coupled with the increasing number of gao protests, has also prompted concerns about the potential impact of protests upon government agency operations, especially in the department of defense. Bid protests on federal government contracts filed with the government accountability office gao have recently received increased congressional scrutiny due to protests of highprofile awards and reports. While that is a fraction of the total number of contracts awarded annually less than 1 percent, by one estimate the cases often show how tight the.
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