About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

GAO-16-270SP 1 (2015-12-10)

handle is hein.gao/gaobadrsa0001 and id is 1 raw text is: c;AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B- 158766 December 10, 2015 Re: GAO Bid Protest Annual Report to Congqress for Fiscal Year 2015 Congressional Committees: 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 decided the prior fiscal year. We also provide data concerning our overall protest filings for the fiscal year. Finally, this letter addresses the requirement that our report include a summary of the most prevalent grounds for sustaining protests during the preceding year. Id. Agency Failure to Fully Implement Recommendations For fiscal year 2015, one federal agency declined to implement the recommendations made by our Office in connection with a bid protest. By letter dated September 28, 2015, we reported an occurrence involving the Department of State: Caddell Construction Company, Inc., B-411005.1, B-411005.2, Apr. 20, 2015, 2015 CPD 132. As explained in our September 28 letter, in sustaining the protest, we reaffirmed our prior decision in Caddell Construction Company, Inc., B-298949.2, Jan. 10, 2007, 2007 CPD 119, holding that 22 U.S.C. § 4852(c)(2)(E) requires potential offerors for diplomatic construction projects to have achieved business volume equal to or exceeding the value of the project being solicited in each of three years of the 5-year period prior to issuance of the solicitation. The Department of State has taken the position that under 22 U.S.C. § 4852(c)(2)(E), three years of a firm's receipts can be aggregated to achieve the required minimum business volume. Enclosed for your information is a copy of our letter of September 28, 2015 reporting the Department of State's failure to implement our recommendations. Summary of Overall Protest Filings During the 2015 fiscal year, we received 2,639 cases: 2,496 protests, 53 cost claims, and 90 requests for reconsideration. We closed 2,647 cases during the fiscal year: 2,522 protests, 44 cost claims, and 81 requests for reconsideration. Of the 2,647 cases closed, 335 were attributable to GAO's bid protest jurisdiction over task orders. With this letter we have included a chart comparing bid protest activity for fiscal years 2011-2015. Most Prevalent Grounds for Sustaining Protests Of the protests resolved on the merits during fiscal year 2015, our Office sustained 12 percent of those protests. Our review shows that the most prevalent reasons for sustaining protests GAO-1 6-270SP

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most