GAO-01-134R

United States General Accounting Office

Washington, DC 20548

B-158766

December 21, 2000

The Honorable J. Dennis Hastert

Speaker of the House

 of Representatives

Dear Mr. Speaker:

This letter responds to the requirements of the Competition in Contracting Act

of 1984, 31 U.S.C. § 3554(e) (Supp. IV 1998), that the Comptroller General report to

the Congress each instance in which a federal agency did not fully implement a

recommendation made by our Office in connection with a bid protest decided the

prior fiscal year. We are pleased to report no such occurrence during fiscal year

2000.

During the fiscal year, we received 1,152 protests (including 44 cost claims) and 68

requests for reconsideration, for a total of 1,220 cases. We closed 1,275 cases:

1,204 protests (including 41 cost claims) and 71 requests for reconsideration.

Enclosed for your information are some statistics concerning suspensions of contract

awards and performance as a result of bid protests.

A copy of this report, with the enclosure, is being furnished to the Chairman and

Ranking Minority Member of the House Committee on Government Reform. A

similar report is being furnished to the President of the Senate.

Sincerely yours,

Anthony H. Gamboa

Acting General Counsel

Enclosure
Page 2

Enclosure

Page 1 of 2

Suspension of Award/Performance Data

__________________________________________________________________________

BACKGROUND

CICA contains several provisions whose purpose is to enhance the

likelihood that protests can be decided before contract performance

reaches a stage at which corrective action is effectively precluded.

Where an agency is notified of a protest before award, CICA precludes

an award unless the head of the procuring activity makes certain

findings justifying the award. In cases where notice is received within

10 days following the date of award or within 5 days after a required

debriefing, CICA requires the suspension of performance unless the

head of the procuring activity makes certain other findings justifying

the continuance of performance despite the protest.

__________________________________________________________________________

DATA

The following tables present data regarding the number of contracts

awarded after a protest was filed (table A), the number of protests in

table A in which GAO sustained the protest (table B), the number of

contracts in which performance was not suspended following a protest

(table C), and the number of cases sustained by GAO in which

performance was not suspended (table D).

__________________________________________________________________________

Table A

Protests Filed Before Award--

Contracts Awarded After Protest Filing

Defense Agencies Civilian Agencies

5 11
Page 3

Enclosure

Page 2 of 2

Table B

Protests Filed Before Award--

Protests Sustained Where Contracts Awarded After Protest Filing

Defense Agencies Civilian Agencies

0 2

Table C

Protests Filed After Award--

Contracts in Which Performance Was Continued

Defense Agencies Civilian Agencies

Where agency determined that

urgency justified continued

performance

20 24

Where agency found that

continued performance was in

Government's best interest

31 33

Table D

Protests Filed After Award--

Protests Sustained Where Performance Was Continued

Defense Agencies Civilian Agencies

Where agency determined that

urgency justified continued

performance

0 0

Where agency found that

continued performance was in

Government's best interest

11 5