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Government Accountability Office Publishes Fiscal Year 2023 Bid Protest Statistics

Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively. The number of filed Government...more

For Protest Timeliness Purposes, Forwarding an Agency Email Outside of Business Hours Constitutes Actual Notice

The Government Accountability Office (GAO) has created a potential trap regarding the beginning of the 10-day protest timeliness period when an offeror receives information from the contracting office outside of the...more

Government Accountability Office Publishes Fiscal Year 2022 Bid Protest Statistics

The effectiveness rate increased to 51 percent. The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more

Further Divergence in COFC and GAO Protest Decisions

The U.S. Court of Federal Claims issues another decision highlighting a growing divergence in case law between the Court and the Government Accountability Office. COFC rejects GAO precedent for determining whether...more

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules. DoD debriefings now must include a redacted version of the source selection decision document for all awards...more

COFC Splits with GAO on Key Personnel Availability Notifications

A Court of Federal Claims decision holds that offerors do not have a duty to inform agency of changes to key personnel availability after submission of proposal. - The decision departs from well-settled GAO precedent. -...more

GAO Publishes Fiscal Year 2021 Bid Protest Statistics

On November 16, 2021, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2021. The GAO’s report, which is mandated by the Competition in Contracting Act, lists its...more

DoD Issues Proposed Rule on Enhanced Debriefing Procedures

The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA). The proposed...more

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more

GAO Decision Highlights Consequences of “Diligent Pursuit” Rule

Recent GAO protest decision provides a painful reminder that protests that run afoul of the “diligent pursuit” rule will be dismissed as untimely. GAO’s Bid Protest Regulations contain strict rules for the timely...more

GAO Publishes Fiscal Year 2020 Bid Protest Statistics

Effectiveness rate increases to 51 percent, the highest on record. GAO’s effectiveness rate increased to 51 percent from 44 percent in FY 2019 and 2018. GAO’s sustain rate increases to 15 percent from 13 percent in FY...more

12/29/2020  /  Bid Protests , GAO

GAO Report on Section 3610 Reimbursement

While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610. Agencies made relatively little use of their Section 3610 authority...more

COFC Provides Bid Protest Timeliness Guidance

In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations. The clock for purposes of obtaining an automatic stay and timeliness may start after the...more

NDAA Requires Contracting Officers to Provide Information to Unsuccessful Offerors for Task and Delivery Orders Valued Under $5.5...

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders. Currently, FAR Part 16 only...more

GAO Publishes Fiscal Year 2019 Bid Protest Statistics

GAO’s sustain rate dropped to 13 percent, the lowest level since Fiscal Year 2015. Protest activity at the GAO decreased by 16 percent over the previous year....more

Limits on Use of Lowest-Price, Technically Acceptable Procurements at DoD

Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures. The new rule takes effect on October 1, 2019 and permits defense...more

Longer Runway for the Small Business Administration’s Implementation of the Runway Extension Act

The Act extends from three to five years the “look-back” period for determining whether a government contractor qualifies as a small business based on its average annual revenue. A recent GAO decision held that the Act will...more

GAO Publishes Fiscal Year 2018 Bid Protest Statistics

GAO’s sustain rate and effectiveness rate both dropped to the lowest levels since Fiscal Year 2015. Protest activity at the GAO increased slightly over the previous year....more

President Trump Signs FY 2019 NDAA

President Donald Trump signed the Fiscal Year 2019 National Defense Authorization Act, which authorizes a top-line budget of $717 billion and includes significant provisions for government contractors. DoD is required to...more

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

DoD’s Enhanced Debriefings: GAO Provides Timeliness Guidance

In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more

Changes Imminent for GAO Bid Protests

New final rule implements electronic filing system and other key changes. GAO has implemented a formal electronic filing system and imposed a one-time, nominal filing fee. ...more

Defenders of the Debriefing

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

Changes for Bid Protests in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests. Enhanced DoD...more

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