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GAO-18-237SP 1 (2017-11-13)

handle is hein.gao/gaobadtze0001 and id is 1 raw text is: GKO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B- 158766 November 13, 2017 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2017 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 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 2017. 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 2017 fiscal year, we received 2,596 cases: 2,433 protests, 77 cost claims, and 86 requests for reconsideration. We closed 2,672 cases during the fiscal year, 2,471 protests, 107 cost claims, and 94 requests for reconsideration. Of the 2,672 cases closed, 256 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 2013-2017. Most Prevalent Grounds for Sustaining Protests Of the protests resolved on the merits during fiscal year 2017, our Office sustained 17 percent of those protests. Our review shows that the most prevalent reasons for sustaining protests during the 2017 fiscal year were: (1) unreasonable technical evaluation;1 (2) unreasonable past performance evaluation;2 (3) unreasonable cost or price evaluation;3 (4) inadequate E.., CR/ZWS LLC, B-414766, B-414766.2, Sept. 13, 2017, 2017 CPD 288 (finding that the agency failed to find awardee's proposal unacceptable where its technical proposal failed to satisfy the minimum requirements of the solicitation). 2 E.g., MLU Servs., Inc., B-414555.3, B-414553.6, July 17, 2017, 2017 CPD 225 (finding that the agency unreasonably considered the past performance of a firm that was not proposed to perform any portion of the work). 3 E.q., NCI Info. Sys., Inc., B-412870.2, October 14, 2016, 2016 CPD 310 (finding that the agency failed to demonstrate that the awardee's low price was consistent with its technical approach). GAO-1 8-237SP

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