Most Viewed Protest Pages During CY 2019
analysis of bid protest decisions—its
The individual decisions on these pages are listed according to:
|1. FAR 9.500:
Organizational and Consultant Conflict of Interest
|2. FAR 15.404:
Proposal Analysis - Contract
pricing, Realism analysis.
3. FAR 15.305:
offers not in compliance with solicitation
4. FAR 15.308: Source selection/tradeoff
Cancellation of solicitation
FAR 15.305 (a)(2)(ii):
Past performance/Experience - Relevance, problems encountered, corrective
actions, government consideration of sources.
|7. FAR 15.208 (b):
Submission of proposals - Late.
FAR 6_302: Exceptions
to Full and Open Competition.
FAR 11.002 (a) (1):
Requirements - Restrictive provisions
4 CFR 21.0 (a):
Interested Party, Standing
4 CFR 21.8: Corrective
Action Taken by Agency
FAR 15.306 (d)(3):
Discussions - Meaningful or Misleading
FAR 6.001: Competition:
Modifications, beyond the scope
FAR 15.306 (a):
Clarifications and award without discussions
FAR 15.206 (a): Changed
requirements and/or solicitation amendment.
New to list for CY 2019 from CY 2018. For CY 2019, 5 more
categories were added to the list. Each item on the list was read
thousands of times during 2019. The only item to drop from the list
Service-disabled veteran-owned small business set-aside procedures.
The Comptroller General, head of the U. S.
General Accountability Office (GAO), and the U. S. Court of Federal Claims (COFC)
are the primary organizations that hear bid protests on federal procurement
contract awards. Each has different rules and each has different standards
it applies to a protest. These rules are on the internet and found at
the links below:
provides statistics for the Comptroller General's bid protest cases from
1997 to the present. You can find them at the link below:
Are all protest decisions included on these
No. The Comptroller General decisions were
added beginning in 1999. The Court of Federal Claims decisions
were added a
few years later with appeals from the Court of
Appeals for the Federal Circuit added a little after that.
tries to identify protest decisions that may increase your knowledge and
that are a bit different from others.
Most sustained protests are added because we can learn from our
mistakes. Protests with typical complaints about a protester's
or an awardee's proposal are no
longer added to the list. However, if a denied or dismissed case
appears to add to our knowledge, it too is added.
How are excerpts from
decisions added to the pages?
The goal of the excerpt pages is to provide
educational information according to the areas of the Federal
Acquisition Regulation, the Comptroller General's bid protest
regulations, and Office of Management and Budget Circular No. A-76.
Excerpts from decisions are added on a judgment basis.
The excerpts are converted to .html from .html,
.pdf, .word. etc. The original text in the cases includes editing
codes which are usually removed during the conversion process.
Some removal of the original text is done manually. It is a goal
to remove footnote numbers from the excerpts. However, they are
not all removed. You may see an odd number just sitting there in
the text of an excerpt. In short, the conversion process can lead
to mistakes in the text. If there is any confusion, please refer
to the linked case.
Do these pages reflect
who won or who lost a protest decision?
No. Bid protest decisions may include more
than one protest issue within the overall decision. For example, a
published decision may discuss 4 separate protest issues. Two of
the protest issues may be decided in favor of the government and 2 may
be decided in favor of the protester.
may pick all 4 of the protest issues for addition to the excerpt section
of these pages or only 1. If one of the 4 protest issues is
selected for addition to the excerpt section, that one protest issue
will be listed as to whether it was decided in favor of the government
or the protester.