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GAO-24-900538 Oct 26, 2023 1 (2023-10-26)

handle is hein.gao/gaopid0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States B-158766 October 26, 2023 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2023 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 (1) a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest during the prior year, and (2) 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. There were no instances in which a federal agency did not fully implement a recommendation made by our Office during fiscal year 2023. During fiscal year 2023, we issued final decisions within 100 days for all protests filed with GAO. 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 2023 fiscal year, we received 2,025 cases: 1,957 protests, 38 cost claims, and 30 requests for reconsideration. We closed 2,041 cases during the fiscal year: 1,972 protests, 38 cost claims, and 31 requests for reconsideration. Of the 2,041 cases closed, 368 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 2019-2023. The chart reflects a 22 percent increase in cases filed during the 2023 fiscal year. Of note, the bid protest activity for fiscal year 2023 includes our Office's resolution of an unusually high number of protests challenging a single procurement. This procurement involved the Department of Health and Human Services' award of Chief Information Officer-Solutions and Partners 4 (referred to as CIO-SP4) government-wide acquisition contracts; a single procurement for the award of hundreds of information technology services contracts.1 Most Prevalent Grounds for Sustaining Protests Of the protests resolved on the merits during fiscal year 2023, our Office sustained 31 percent of those protests. Our review shows that the most prevalent reasons for sustaining protests 1 See, e.g., Systems Plus, Inc. et al., B-419956.184 et al., June 29, 2023, 2023 CPD ¶1163 (sustaining 93 protests and supplemental protests); Phoenix Data Security, Inc. et al., B-419956.200 et al., July 10, 2023, 2023 CPD ¶1172 (sustaining 26 protests and supplemental protests). GAO-24-900538

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