The number of protests filed at the Government Accountability Office (GAO) decreased in FY 2024 by 11 percent, after increasing 22 percent in FY 2023.
The GAO’s sustain rate of 16 percent in FY 2024 fell from 31 percent...more
The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest...more
GAO sustains protest because the agency failed to respond to a protest allegation and did not recognize discriminators during the evaluation.
A recent GAO decision provides a rare example of GAO sustaining a protest when...more
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
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
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
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
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
Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract.
The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more
SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more
Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents.
The FAR “late is late” rule requires rejection of untimely filed proposal...more
Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts.
An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more
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
In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more