“Highlights
This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2) (CICA), that the Comptroller General report to Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest during the prior year, and each instance in which a final decision in a protest was not rendered within 100 days after the date the protest is submitted to the Comptroller General. We are pleased to report that there were no such occurrences during fiscal year 2021. In this letter we also provide data concerning our overall protest filings for the fiscal year. Finally, this letter also addresses the requirement under CICA that our report ‘include a summary of the most prevalent grounds for sustaining protests’ during the preceding year. 31 U.S.C. § 3554(e)(2).
Summary of Overall Protest Filings
During the 2021 fiscal year, we received 1,897 cases: 1,816 protests, 43 cost claims, and 38 requests for reconsideration. We closed 2,017 cases during the fiscal year, 1,931 protests, 45 cost claims, and 41 requests for reconsideration. Of the 2,017 cases closed, 401 were attributable to GAO’s bid protest jurisdiction over task orders. Enclosed for your information is a chart comparing bid protest activity for fiscal years 2017-2021.
Most Prevalent Grounds for Sustaining Protests
Of the protests resolved on the merits during fiscal year 2021, our Office sustained 15 percent of those protests. Our review shows that the most prevalent reasons for sustaining protests during the 2021 fiscal year were: (1) unreasonable technical evaluation;[1] (2) flawed discussions;[2] (3) unreasonable cost or price evaluation;[3] and (4) unequal treatment.[4] It is important to note that a significant number of protests filed with our Office do not reach a decision on the merits because agencies voluntarily take corrective action in response to the protest rather than defend the protest on the merits. Agencies need not, and do not, report any of the myriad reasons they decide to take voluntary corrective action…”
Access the full 4-page report here.
Source: GAO Bid Protest Annual Report to Congress for Fiscal Year 2021 – November 16, 2021. GAO.
