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GAO-20-220SP 1 (2019-11-05)

handle is hein.gao/gaobaeael0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B- 158766 November 05, 2019 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2019 Congressional Committees: This letter responds to the requirements of the Competition in Contracting Act of 1984 (CICA), 31 U.S.C. § 3554(e)(2), 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 2019. 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). Effect of Government Shutdown For 35 days between December 2018 and January 2019, parts of the United States Government ceased operations and shut down as the result of a lapse in appropriations to fund operations for fiscal year 2019. GAO was not subject to the lapse in appropriations and remained open during the partial government shutdown. We posted on our website, www.gao.gov, a notice applicable to protests involving procurements conducted by agencies impacted by the lapse in appropriations. The notice explained how the partial shutdown would affect bid protest activities and how we would proceed when the affected parts of the government resumed operations. We explained that the partial shutdown did not affect filing deadlines for protesters and private parties. We also explained that all deadlines for affected agency filings were tolled during the lapse in appropriations for the applicable agency and that GAO would establish revised filing deadlines for affected agencies when the lapse in funding was resolved. Because the government shutdown lasted for 35 days, bid protest decision deadlines for eight protests from affected agencies were extended, as needed, for a maximum of 35 days. Despite the length of the shutdown, and because GAO remained open during this period, we continued to decide all protests within 100 calendar days for the period that the relevant portion of the government was funded. Enclosed for your information is a chart detailing each of the eight cases (Enclosure I). Summary of Overall Protest Filings During the 2019 fiscal year, we received 2,198 cases: 2,071 protests, 60 cost claims, and 67 requests for reconsideration. We closed 2,200 cases during the fiscal year: 2,080 protests, 56 cost claims, and 64 requests for reconsideration. Of the 2,200 cases closed, 373 were GAO-20-220SP

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