GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2025

Status

Accepted

Abstract

Congress is considering a number of proposed changes to the U.S. bid protest system—reforms which would generally raise barriers to bid protests, without making bid protests a more effective risk-management tool. At the same time, the procurement community (both in the U.S. and internationally) is coming to understand that public procurement is, at its heart, an exercise in risk management. This article surveys the various reform proposals against that evolving understanding, to assess whether the reforms under debate would reduce risks to competition and uncover management failures in the procurement system— the two core risk-reducing purposes of bid challenges.

GW Paper Series

2025-47

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