Understanding and Mitigating Protests of Department of Defense Acquisition Contracts

Abstract

The defense acquisition process, which is governed by federal statutes, executive orders, administrative rules, and judicial rulings, includes opportunities for bidders to protest decisions, especially the final award, triggering a review and administrative hearing by the U.S. Government Accountability Office (GAO). In theory, the benefits of allowing protests include more competitive and accountable procurements. The costs of protests include the resources expended by the Department of Defense (DOD) and GAO in responding to legitimate and frivolous protests and delays in awarding and executing contracts. Delays have consequences for both the costs of the contract, defense policy, and national security. This report outlines research on the defense acquisitions process, focusing upon source selections and bid protests, to identify potential improvements.