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GAO-17-314SP 1 (2016-12-15)

handle is hein.gao/gaobadswd0001 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 15, 2016 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2016 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 2016. 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. U.S.C. § 3554(e)(2). Summary of Overall Protest Filings During the 2016 fiscal year, we received 2,789 cases: 2,621 protests, 80 cost claims, and 88 requests for reconsideration. We closed 2,734 cases during the fiscal year: 2,586 protests, 61 cost claims, and 87 requests for reconsideration. Of the 2,734 cases closed, 375 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 2012-2016. Most Prevalent Grounds for Sustaining Protests Of the protests resolved on the merits during fiscal year 2016, our Office sustained over 22 percent of those protests. Our review shows that the most prevalent reasons for sustaining protests during the 2016 fiscal year were: (1) unreasonable technical evaluation;1 (2) unreasonable past performance evaluation;2 (3) unreasonable cost or price evaluation;3 and E.., Deloitte Consulting. LLP, B-412125.2, B-412125.3, Apr. 7, 2016, 2016 CPD 119 (finding that the agency's evaluation of key personnel was unreasonable where the awardee's key personnel did not meet the solicitation's minimum requirements). 2 E.g., Rotech Healthcare, Inc., B-413024 et al., Aug. 17, 2016, 2016 CPD 225 (finding that the agency failed to consider and document the similarity of the awardee's past performance contracts to the requirement being solicited). 3 E.g., Valor Healthcare, Inc., B-412960, B-412960.2, July 15, 2016, 2016 CPD 206 (finding that the agency failed to evaluate the realism of the protester's proposed pricing in accordance with the solicitation). GAO-1 7-314SP

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