This short piece discusses the congressionally mandated study of bid protests of (or disappointed offeror litigation related to) U.S. defense department procurements. It describes the report, which reflects a serious and objective analysis of some frequently polarizing issues: among other things, it describes stakeholder perspectives on the bid protest system, chronicles and analyzes a decade of bid protest volume; provides some supplemental data on discrete aspects of the data set; and offers some thought-provoking recommendations. The essay generally applauds the study effort for dispelling some urban myths; reminding us that - with regard to protests - the devil is in the details; providing new insights that familiar, macro-level data had not previously revealed (e.g., the rarity with which the leading defense contractors protest to the U.S. Court of Claims); and, of course, raising interesting policy questions, that may, in turn, merit further study.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-11; GWU Legal Studies Research Paper No. 2018-11
Schooner, Steven L., BID PROTESTS: The RAND Study of DOD Protests at the GAO and the COFC (February 1, 2018). 32 Nash & Cibinic Report ¶ 10 (February 2018); GWU Law School Public Law Research Paper No. 2018-11; GWU Legal Studies Research Paper No. 2018-11. Available at SSRN: https://ssrn.com/abstract=3140507