Client Alerts & Newsletters

RAND Corp. tells Congress that Bid Protests are Not a Problem

Jan.05.2018

RAND Corp. recently submitted a report to Congress on the effects of Department of Defense bid protests, as required by the 2017 NDAA. Interestingly, RAND found:

  • Bid protests are not a significant impediment, as some in Congress have suggested. To the contrary, “bid protests are exceedingly uncommon for DoD procurements.” 
  • GAO’s 100-day deadline should stay. GAO already resolves 70% of protests within 60 days, and often needs the full 100 days for complex protests and numerous end of fiscal year protests. 
  • Task order protests are important. The higher effectiveness rate for task order protests indicates that such procurements may be more problematic and should be protestable.
  • A majority of protests are brought by small businesses. Congress should consider approaches to reduce and improve such protests. 
  • Debriefings matter. “Evasive or adversarial debriefings may lead to a bid protest in most cases.” 
RAND also recommended improving DoD recordkeeping to support future studies.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579
Email: jmccarthy@crowell.com

Christian N. Curran
Counsel – Washington, D.C.
Phone: +1 202.624.2543
Email: ccurran@crowell.com

Robert J. Sneckenberg
Counsel – Washington, D.C.
Phone: +1 202.624.2874
Email: rsneckenberg@crowell.com

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2021
Attorney advertising - prior results do not guarantee a similar outcome.