Highly Anticipated Report on Bid Protests is Finally Here!

Bradley Arant Boult Cummings LLP
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RAND Corporation recently issued its much-anticipated report on the prevalence and impact of bid protests. The report, which was issued at the direction of Congress, contains a plethora of important—and interesting—findings, including:

  • Despite a “steady increase” in bid protests filed between fiscal years 2008 and 2016, “[t]he share of contracts protested remains very small—less than 0.3 percent.”
  • A “concern” shared by federal contractors “was the quality of post-award debriefings.” According to the report, “[t]he worst debriefings were characterized as skimpy, adversarial, or evasive and failed to provide reasonable responses to relevant questions.”
  • “[S]mall protest rates per contract imply that bid protests are exceedingly uncommon for DoD procurements.”
  • “Task-order protests have a slightly higher effectiveness rate than other types of protests.”
  • “The stability of the bid protest effectiveness rate over time—despite the increase in protest numbers—suggests that firms are not likely to protest without merit.”
  • “Cases in which legal counsel is required (i.e., a protective order was issued by GAO) have higher effectiveness and sustained rates.”

A complete copy of the report is available here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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