B-158766

January 30, 1998

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 1997.

During the fiscal year we received 1,707 protests (including 22 cost claims) and 145

requests for reconsideration for a total of 1,852 cases. We closed 1,999 cases:

1,834 protests (including 38 cost claims) and 165 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 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

12 9

Table B

Protests Filed Before Award--

Protests Sustained Where Contracts Awarded After Protest Filing

Defense Agencies Civilian Agencies

0 1

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Enclosure 

Page 2 of 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 26 43

Where agency found that

continued performance was

in Government's best

interest

31 42

Table D

Protests Filed After Award--

Protests Sustained Where Performance Was Continued

Defense Agencies Civilian Agencies

Where agency determined

that urgency justified

continued performance 3 1

Where agency found that

continued performance was

in Government's best

interest

1 2

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