{ "id": "R40228", "type": "CRS Report", "typeId": "REPORTS", "number": "R40228", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 448919, "date": "2016-01-19", "retrieved": "2016-04-06T17:27:27.400585", "title": "GAO Bid Protests: An Overview of Time Frames and Procedures", "summary": "For purposes of federal law, a bid protest involves a written objection to the conduct of government agencies in acquiring supplies and services for their direct use or benefit. Such conduct can include (1) soliciting or otherwise requesting offers; (2) cancelling such solicitations or requests; (3) awarding or proposing to award a contract; (4) terminating or cancelling a contract due to improprieties involving its award; or (5) converting functions performed by government employees to private sector performance. Bid protests are of perennial interest to Congress, in part, because of the effects of protests on agency missions and operations. Congressional interest can also be prompted by notable protests, as well as by agency determinations not to follow any nonbinding recommendations made by the Government Accountability Office (GAO) in deciding protests.\nGAO is not the only forum with authority to hear bid protests involving federal acquisitions. The procuring agency and the U.S. Court of Federal Claims can also hear bid protests. However, GAO hears more protests than the Court of Federal Claims, the only other forum for which data are readily available. Thus, its protest procedures\u2014which can differ somewhat from those of the procuring agencies and the Court of Federal Claims\u2014are the focus of this report. \nLegislation and regulations establish what issues may be protested with GAO and who may bring a protest. As previously noted, by statute, GAO may hear complaints alleging violations of federal procurement law in federal acquisitions. However, it is expressly barred by regulation from hearing certain issues, such as challenges to small business size certifications. Any interested party\u2014an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of, or failure to award, a contract\u2014may file a protest. \nGAO is required by statute to provide for the \u201cinexpensive and expeditious\u201d resolution of protests, \u201c[t]o the maximum extent practicable.\u201d Its practices permit \u201cinexpensive\u201d resolution, in part, by enabling interested parties to represent themselves, rather than rely on attorneys. For example, GAO does not require \u201cformal briefs\u201d or \u201cother technical forms\u201d of pleadings or motions. It is also subject to statutory mandates that promote \u201cexpeditious\u201d resolution, in part, by requiring GAO to issue final decisions within 65 to 100 days after the protest was filed. \nFiling a GAO protest may trigger an automatic stay of contract award or performance that lasts for the duration of the protest. Such automatic stays are unique to bid protests filed with GAO and help account for GAO\u2019s popularity as a protest forum. Agencies may, however, override these stays upon determining that urgent and compelling circumstances will not permit waiting for GAO\u2019s decision, or performance of the contract is in the best interests of the United States. \nGAO may dismiss, deny, or sustain a protest. When a protest is dismissed or denied, the procuring agency may generally proceed with the challenged action. In contrast, when a protest is sustained, GAO may recommend specific actions (e.g., amending the solicitation, reevaluating proposals). Such recommendations are not legally binding because the separation of powers doctrine precludes legislative branch agencies, such as GAO, from controlling the actions of executive branch agencies. However, the procuring agency is required by statute to notify GAO if GAO\u2019s recommendations are not fully implemented, and GAO, in turn, must notify Congress. \nProtesters disappointed with GAO\u2019s decision can seek reconsideration from GAO. They can also effectively appeal GAO\u2019s decision by filing a bid protest with the Court of Federal Claims.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40228", "sha1": "7b9c129b0e529a21eec99e6a510e94d579e2f848", "filename": "files/20160119_R40228_7b9c129b0e529a21eec99e6a510e94d579e2f848.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40228", "sha1": "5e3aa9ad0d6203eb5fe48a3b98b3c3c6371c40cf", "filename": "files/20160119_R40228_5e3aa9ad0d6203eb5fe48a3b98b3c3c6371c40cf.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 3231, "name": "Defense Acquisition" }, { "source": "IBCList", "id": 4628, "name": "Government Contracts" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc807333/", "id": "R40228_2014Dec02", "date": "2014-12-02", "retrieved": "2016-03-19T13:57:26", "title": "GAO Bid Protests: An Overview of Time Frames and Procedures", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20141202_R40228_5c027362ca50838bf3b5ec6d88b861e6199bf9e4.pdf" }, { "format": "HTML", "filename": "files/20141202_R40228_5c027362ca50838bf3b5ec6d88b861e6199bf9e4.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc97969/", "id": "R40228_2011Jun30", "date": "2011-06-30", "retrieved": "2012-08-21T08:46:06", "title": "GAO Bid Protests: An Overview of Time Frames and Procedures", "summary": "This report provides an overview of the time frames and procedures in a Government Accountability Office (GAO) bid protest, including (1) what issues can be protested with GAO; (2) who can file or be a party to a GAO protest; (3) the procedures for bringing and resolving GAO protests; (4) the time frames involved in GAO protests; (5) the automatic stay of contract award or performance triggered by a GAO protest, as well as the basis for agency overrides of automatic stays and judicial review of agency override determinations; (6) the basis and effects of GAO decisions; and (7) reconsideration and \u201cappeal\u201d of GAO decisions.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110630_R40228_6fccd75982f358150f2b8d9af506c6c0968822f9.pdf" }, { "format": "HTML", "filename": "files/20110630_R40228_6fccd75982f358150f2b8d9af506c6c0968822f9.html" } ], "topics": [ { "source": "LIV", "id": "Government agencies", "name": "Government agencies" }, { "source": "LIV", "id": "Competitive bidding", "name": "Competitive bidding" }, { "source": "LIV", "id": "Contracts", "name": "Contracts" }, { "source": "LIV", "id": "Business", "name": "Business" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc99007/", "id": "R40228_2011Mar15", "date": "2011-03-15", "retrieved": "2012-08-31T21:48:36", "title": "GAO Bid Protests: An Overview of Timeframes and Procedures", "summary": "This report is one of two providing Congress with background on the Government Accountability Office (GAO) bid-protest process. It provides an overview of the timeframes and procedures in a GAO bid protest, including several issues enumerated in the report's introduction.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110315_R40228_49994c12065e2d42fb31179fd06cff929319427f.pdf" }, { "format": "HTML", "filename": "files/20110315_R40228_49994c12065e2d42fb31179fd06cff929319427f.html" } ], "topics": [ { "source": "LIV", "id": "Public contracts", "name": "Public contracts" }, { "source": "LIV", "id": "Government procurement", "name": "Government procurement" }, { "source": "LIV", "id": "Competitive bidding", "name": "Competitive bidding" }, { "source": "LIV", "id": "Business", "name": "Business" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc29561/", "id": "R40228_2010Oct04", "date": "2010-10-04", "retrieved": "2010-12-04T14:26:25", "title": "GAO Bid Protests: An Overview of Timeframes and Procedures", "summary": "Protests of high-profile awards and reports that the number of protests is increasing have recently prompted congressional and public interest in bid protests, particularly bid protests filed with the\r\nGovernment Accountability Office (GAO). This report is one of two providing Congress with background on the GAO bid-protest process. It provides an overview of the timeframes and procedures in a GAO bid protest, including several issues enumerated in the report's introduction.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20101004_R40228_9e9b90bddc7b29b2a769cc47bba11da5f981b29f.pdf" }, { "format": "HTML", "filename": "files/20101004_R40228_9e9b90bddc7b29b2a769cc47bba11da5f981b29f.html" } ], "topics": [ { "source": "LIV", "id": "Public contracts", "name": "Public contracts" }, { "source": "LIV", "id": "Government procurement", "name": "Government procurement" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc503361/", "id": "R40228_2010Mar15", "date": "2010-03-15", "retrieved": "2015-04-30T17:37:21", "title": "GAO Bid Protests: An Overview of Timeframes and Procedures", "summary": "This report is one of two providing Congress with background on the Government Accountability Office (GAO) bid-protest process. It provides an overview of the timeframes and procedures in a GAO bid protest, including several issues enumerated in the report's introduction.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100315_R40228_3ff801d7ee7325f5dadc35acc9d2f9aba83a63e3.pdf" }, { "format": "HTML", "filename": "files/20100315_R40228_3ff801d7ee7325f5dadc35acc9d2f9aba83a63e3.html" } ], "topics": [ { "source": "LIV", "id": "Business", "name": "Business" }, { "source": "LIV", "id": "Competitive bidding", "name": "Competitive bidding" }, { "source": "LIV", "id": "Government procurement", "name": "Government procurement" }, { "source": "LIV", "id": "Public contracts", "name": "Public contracts" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820151/", "id": "R40228_2010Feb01", "date": "2010-02-01", "retrieved": "2016-03-19T13:57:26", "title": "GAO Bid Protests: An Overview of Timeframes and Procedures", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100201_R40228_876864fa542c9cd5df14a3c6cfa68c7efdef263e.pdf" }, { "format": "HTML", "filename": "files/20100201_R40228_876864fa542c9cd5df14a3c6cfa68c7efdef263e.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc743510/", "id": "R40228_2009Feb11", "date": "2009-02-11", "retrieved": "2015-10-20T21:35:54", "title": "GAO Bid Protests: An Overview of Timeframes and Procedures", "summary": "This report provides an overview of the timeframes and procedures in a Government Accountability Office (GAO) bid protest. A bid protest is a formal, written objection to an agency's solicitation for bids or offers, cancellation of a solicitation, or award or proposed award of a contract. Bid protests, especially those filed with the GAO, have recently received increased congressional scrutiny due to protests of high-profile awards and reports that the number of protests is increasing.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090211_R40228_da603a681187fe0aa11809fcb35514bbf54e281d.pdf" }, { "format": "HTML", "filename": "files/20090211_R40228_da603a681187fe0aa11809fcb35514bbf54e281d.html" } ], "topics": [ { "source": "LIV", "id": "Business", "name": "Business" }, { "source": "LIV", "id": "Competitive bidding", "name": "Competitive bidding" }, { "source": "LIV", "id": "Government procurement", "name": "Government procurement" }, { "source": "LIV", "id": "Public contracts", "name": "Public contracts" } ] } ], "topics": [ "National Defense" ] }