Construction Law
Bid Protests by the Numbers
Contractors looking to challenge a winning bid should, above all else, approach the situation objectively. This can be done by looking at the current success rate of bid protests. In this brief article, a Charlotte bid protest lawyer at Cotney Attorneys & Consultants will be discussing the 2018 GAO Bid Protest Report and what it means for contractors that have lost out on federal contracts.
The GAO Bid Protest Report
Annually, the U.S. Government Accountability Office (GAO) releases a report to Congress that effectively summarizes bid protests during the prior fiscal year. This report includes information on final decisions that were reached over 100 days after the protest, whether or not GAO recommendations were implemented, under what instances protests were sustained, and statistical data.
Let’s Look at the Numbers
In 2018, there were a total of 2,474 bid protests. Of these bid protests, 44 percent were effective. In this instance, effectiveness means that a protestor obtained “some form of relief from the agency, as reported to the GAO, either as a result of voluntary action or our Office sustaining the protest.”
The big takeaway is that nearly half of all bid protests are successful. Additionally, the report shows that the percentage of effective bid protests remained steady from 2014 to 2018. This is a clear trend showing a consistent flaw in how government agencies evaluate bids. Your bid may very well have been unfairly rejected. For aid in determining if a government contract was improperly awarded, consult with a Charlotte bid protest lawyer.
Which Protests Were Successful?
The report also shows that protests were most often sustained when there was an unequal technical evaluation, an unreasonable cost or price evaluation, or a flawed selection decision. It’s noted that a significant number of protests did not reach a decision because agencies voluntarily took corrective action, giving protestors a second chance at having their bid re-evaluated. In these cases, the prospect of having to defend their evaluation process is enough for a government agency to admit wrongdoing.
While the above statistics give hope to rejected contractors, the protest process remains a complicated system best navigated with the aid of an attorney. Therefore, if you believe a bid protest is warranted and want a second chance at winning a federal contract, consult with a Charlotte bid protest attorney at Cotney Attorneys & Consultants.
If you would like to speak with a Charlotte bid protest attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.