Yesterday GAO released its Bid Protest Annual Report to the Congress for Fiscal Year 2012, GAO-13-162SP (Nov. 13, 2012). The report indicates that 2,475 GAO protests were filed in FY 2012 – a 5 percent increase from the prior fiscal year. The protest sustain rate increased from 16 percent to 18.6 percent. The effectiveness rate has remained constant at 42 percent for the last 3 years. Interestingly, the number of decisions on the merits, 570, is almost double the number of decisions issued in 2008, an amazing jump in only 4 years. Much of the report addresses the VA’s continuing use of Federal Supply Schedule procedures to meet their requirements, rather than setting aside contracts for SDVO SBCs under the rule of two, despite GAO decisions finding that such set-asides are required by law.
For more on this subject, please see our recent client advisory.