Research Reports

DoD Bid Protests

PUBLIC RELEASE
June 2023

COMPLETED
October 2022

AUTHORS:  Mr. Christopher Yukins, Esq.1, Mr. David Drabkin, Esq.2
THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL 1, STEVENS INSTITUTE OF TECHNOLOGY 2

This report presents an analysis of information on bid protests stemming from Department of Defense (DoD) procurement activities. It is based in part on interviews and written survey responses with senior DoD program and procurement personnel, senior DoD procurement attorneys, representatives of industry, and members of the procurement bar.

Findings include a lack of tracking of the rate at which agencies award protesters the contract that was the subject of a bid protest; of the time it takes to implement corrective action after a decision; and of the percentage of corrective actions that are subsequently protested. There is no requirement that agencies gather or submit agency-level protest data. Some agencies have internal policies that call for gathering agency-level protest data, while other agencies submit data only on request. There is also no uniform mechanism to link related solicitations, bid protests, contracts, and corrective actions. While there are manual processes available to extract data from publicly available contract information, the process is labor intensive and yields information on less than 10% of all procurements.

The conclusion recommends how to improve the expediency, timeliness, transparency, and consistency of bid protests at the DoD and reviews strategies for using bid protests to strengthen the acquisition system.