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GAO-21-281SP 1 (2020-12-23)

handle is hein.gao/gaobaecfg0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-158766 December 23, 2020 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2020 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 2020. 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 2020 fiscal year, we received 2,149 cases: 2,052 protests, 56 cost claims, and 41 requests for reconsideration. We closed 2,137 cases during the fiscal year, 2,024 protests, 66 cost claims, and 47 requests for reconsideration. Of the 2,137 cases closed, 417 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 2016-2020. Most Prevalent Grounds for Sustaining Protests Of the protests resolved on the merits during fiscal year 2020, our Office sustained 15 percent of those protests. Our review shows that the most prevalent reasons for sustaining protests during the 2020 fiscal year were: (1) unreasonable technical evaluation;1 (2) flawed 1 E.g., Leidos Innovations Corp., B-417568.3, B-417568.4, May 11, 2020, 2020 CPD ¶1167 (finding that the agency's evaluation was unreasonable where the agency excluded from consideration certain portions of the offerors' proposals and failed to comply with the solicitation's provisions regarding consideration of that information). GAO-21-281 SP

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