Crs Report for Congress: Gao Bid Protests

ISBN-10: 1294255401
ISBN-13: 9781294255406
Series: Crs Report for Congress
Pages: 28
Language: English
Published: 2013-11
Publisher: BiblioGov
Authors: Moshe Schwartz, Congressional Research Service: The Libr, Kate M. Manuel

Description

Bid protests, especially bid protests filed with the Government Accountability Office (GAO), have recently received increased congressional scrutiny due to protests of high-profile awards and reports that the number of protests is increasing. The potential 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 impact of protests upon agency operations, especially in the Department of Defense. GAO, the contracting agencies, and the Court of Federal Claims all have authority to hear bid protests; however, GAO hears more protests annually than the Court of Federal Claims, the only other forum for which data are readily available. GAO's bid-protest process includes some unique features--most notably, the stay of contract award or performance commonly triggered by a GAO protest--that make GAO a desirable forum for disappointed bidders and offerors. Legislation and regulations establish what issues may be protested with GAO and who may bring a protest. GAO may hear claims of alleged illegalities or improprieties in solicitations, cancellations of solicitations, or awards or proposed awards of contracts. It is, however, barred from hearing certain issues, such as challenges to small business size certifications. Any "interested party"--or actual ...