Government Contract Bid Protests In Brief: Analysis of Legal Processes and Recent Developments

Abstract

Federal procurement statutes and regulations notably the Competition in Contracting Act of 1984 (CICA) and the Federal Acquisition Regulation (FAR), the government-wide regulation that generally applies to acquisitions by executive branch agencies establish largely uniform policies and procedures for how federal executive agencies acquire goods and services. The purpose of these standards is to guide the acquisition system to deliver on a timely basis the best value product or service to the [government], while maintaining the public trust and fulfilling public policy objectives, such as the promotion of competition. In an effort to advance the transparency, fairness, and integrity of the procurement system, federal law provides mechanisms for contractors to protest (i.e., object to) contract awards and solicitations for failing to comply with federal law. Congress authorizes bid protests in three separate forums: (1) the procuring agency, (2) the Government Accountability Office (GAO), or (3) the U.S. Court of Federal Claims (COFC). This report briefly analyzes the varying legal procedures applicable to bid protests under each forum, which may be relevant to Congress as it assesses potential reforms to the bid protest process.