B-158766

Comptroller General

of the United States

Washington, D.C. 20548

LAREN GE

LLER

ORTP MOC OF THE UN ITED S TATES

January 29, 1997

The Honorable Newt Gingrich

Speaker of the House

 of Representatives

Dear Mr. Speaker:

This letter responds to the requirement of the Competition in Contracting Act of 1984 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 1996. 

During the fiscal year we received 2,092 protests and 194 requests for reconsideration for a

total of 2,286 cases. We closed 2,335 cases, including 2,161 protests and 174 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 and the attached enclosure are being furnished to the House

Committee on Government Reform and Oversight. An identical report is being furnished

to the President of the Senate. 

Sincerely yours,

Comptroller General

of the United States

Enclosure
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 requested and, when requested, 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

8 19

Table B

Protests Filed Before Award--

Protests Sustained Where Contracts Awarded After Protest Filing

Defense Agencies Civilian Agencies

0 1

Enclosure 

Page 2 of 2

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Table C

Protests Filed After Award--

Contracts in Which Performance Was Continued 

Defense Agencies Civilian Agencies

Where agency determined that

urgency justified continued

performance 32 25

Where agency found that

continued performance was in

Government's best interest 20 27

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 6

Where agency found that

continued performance was in

Government's best interest 0 6

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