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GAO-23-900462 Nov 01, 2022 1 (2022-11-01)

handle is hein.gao/gaonvf0001 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 November 1, 2022 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2022 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 during the prior year. 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). Agency Failure to Fully Implement Recommendations For fiscal year 2022, one federal agency declined to implement the recommendations made by our Office in connection with a bid protest. By letter dated February 15, 2022, we reported an occurrence involving the Department of the Navy, Naval Air Systems Command: Northrop Grumman Systems Corporation--Mission Systems, B-419560.6, Aug. 18, 2021, 2021 CPD ¶1330. As explained in our February 15 letter, in sustaining the protest, we found that the Department of the Navy's evaluation of the awardee's proposal was not consistent with the terms of the solicitation and the Department of the Navy should have found a deficiency in the awardee's proposal. We recommended that the Department of the Navy reopen discussions and request revised proposals; evaluate proposals consistent with the evaluation criteria; and make a new source selection decision. Alternatively, if the agency concluded that its specifications should be revised, we recommended that the Department of the Navy issue an amendment to the solicitation reflecting updated specifications, request revised proposals, and make a new source selection decision. On October 18, 2021, the Department of the Navy notified our Office that it would not implement our recommendations. Enclosed for your information is a copy of our letter of February 15, 2022, reporting the Department of the Navy's failure to implement our recommendations. We note that, after we issued our decision, a protest was filed at the Court of Federal Claims in which the Court also reviewed the Department of the Navy's evaluation of the awardee's proposal in this procurement. We also note that as a result of the Court's oral opinion in that protest, the Department of the Navy agreed in June 2022, to take corrective action, which will include reopening discussions, requesting and evaluating revised proposals, and making a new source selection decision. As a final matter, the agency's corrective actions resulting from the Court's oral opinion are consistent with GAO's recommendations to correct the procurement errors. GAO-23-900462

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