GAO Bid Protest “Sustains” Jump Sharply In FY 2016

The GAO sustained 22.56% of protests decided on the merits in Fiscal Year 2016–nearly double the 12% sustain rate reported in FY 2015.

According to the GAO’s FY 2016 Bid Protest Annual Report, the GAO sustained 139 of the 616 protests decided on the merits (that is, cases where GAO actually reached a “sustain” or “deny” decision).  The overall effectiveness rate for protesters–a combination of “sustain” decisions, plus the many cases in which agencies took corrective action in response to protests–was 46%, a slight increase over the prior fiscal year.

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SmallGovCon Week In Review: December 14-18, 2015

With Christmas just one week away, we are looking forward to gathering with our families and celebrating this holiday season. But even with the holidays approaching, there was no shortage of news this week.  In this week’s SmallGovCon Week In Review, Guy Timberlake takes a look at the government contracting landscape in 2016, bid protests continue a slow but steady rise, a brazen contractor seeks $3,160 per hour for his time spent handling a successful protest, and much more.

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GAO Protests (And Effectiveness) Rise In FY 2015

GAO bid protests were up 3% in Fiscal Year 2015–and protesters achieved a favorable outcome in 45% of cases.

In its Annual Report to Congress on its bid protest function, the GAO provided a look at how protesters fared during FY 2015, as well as the most common reasons protests were sustained.

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GAO Bid Protests: “Sustains” Lower But “Effectiveness” Steady

The GAO sustained only 13% of bid protests in Fiscal Year 2014, down from 17% in the previous fiscal year.

But although some commentators might interpret the numbers as a sign that more non-meritorious protests were filed, the “effectiveness rate” (which measures sustain decisions plus voluntary agency corrective actions) remained steady at 43%.  In other words, agencies are taking corrective action more frequently in response to GAO bid protests–but when the agency doesn’t take corrective action, the protester’s odds of success may be long.

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GAO Bid Protests Decrease Slightly In 2013; “Effectiveness Rate” Was 43%

GAO bid protests decreased slightly in Fiscal Year 2013, down 2% from the previous year.  The “effectiveness rate” for protesters–a statistic that includes both formal GAO sustain decisions and voluntary agency corrective actions–was 43%, up slightly from FY 2012.

The GAO’s FY 2013 statistics are included in its January 2 Annual Report to Congress, which also includes a few other bid protest tidbits of note.

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