As required by the Competition in Contracting Act of 1984, 31 U.S.C. §§3554 et al. (CICA), the U.S. Government Accountability Office (GAO) has certain bid protest-related jurisdiction over executive agencies. As part of its duties, the GAO is obligated to annually report to Congress on its prior fiscal year (FY) bid protest statistics relating to, among other things, number of filings, sustain rates, cases resolved though alternative dispute resolution and corrective action. GAO is also obligated to report any outliers or situations where an agency refused to follow GAO’s recommendation (see, our prior posts on the Kingdomware Technology case where the Department of Veterans Affairs refused to follow GAO’s recommendations and GAO reported it to Congress. That case ultimately went to the U.S. Supreme Court and we discussed the Supreme Court’s decision in detail here: http://kilpatricktownsend.com/en/Knowledge_Center/Alerts_and_Podcasts/Legal_Alerts/2016/06/Supreme_Court_Finds_The_Department_of_Veterans_Affairs_Violated_Procurement_Law.aspx).
The following summary table comes from GAO’s November 13, 2017 Report to Congress (No. GAO-18-237SP) and organizes the statistics in a comparative manner to the prior four fiscal years: