Government Contract Bid Protests Before Agencies

Recommendation 2020-4, Government Contract Bid Protests Before Agencies – suggests improvements to the procedures governing agency-level procurement contract disputes—commonly called bid protests—under the Federal Acquisition Regulation and agency-specific regulations to make those procedures more simple, transparent, and predictable. It urges agencies to clarify what types of decisions can be the subjects of agency-level bid protests, what processes and deadlines will govern such protests, and who in the agency will decide such protests; make it easier for protesters to get information about the decisions they protest; and publish more data on agency-level protests.

Citation: Admin. Conf. of the U.S., Recommendation 2020-4, Government Contract Bid Protests Before Agencies, 86 Fed. Reg. 6620 (Jan. 22, 2021).

Contacts

Implementation Contact
202.480.2091
mthomson@acus.gov

Final Recommendation

Federal law establishes policies and procedures governing how federal executive agencies procure supplies and services.[1] The primary source of these policies and procedures is the Federal Acquisition Regulation (FAR),[2] which applies to all executive-agency acquisitions of supplies and services with appropriated funds by and for the use of the federal government, unless expressly excluded. Other relevant policies and procedures...

Implementation

The Conference Report for the William M. (Mac) Thornberry National Defense Authorization Act For Fiscal Year 2021 expressly noted the report underlying Recommendation 2020-4 and directed the Department of Defense "to consider these recommendations among those it might make to improve the expediency, timeliness, transparency, and consistency of agency-level bid protests."

Project Documents

Name Committee Type Date
07-27-2020 Agenda Administration and Management Agenda July 26, 2020 Download
7-10-2020 Agenda Administration and Management Agenda July 9, 2020 Download
Agency Bid Protests RFP RFP June 27, 2019 Download
Agency-Level Bid Protests (final report) Administration and Management Report May 4, 2020 Download
Comment from Government Member Robert J. Girouard Administration and Management Member Comment December 11, 2020 Download
Comment from Senior Fellow Alan B. Morrison Administration and Management Member Comment December 4, 2020 Download
Comment from Special Counsel Jeffrey S. Lubbers Administration and Management Member Comment December 11, 2020 Download
Draft Recommendation - Government Contract Bid Protests Before Agencies Administration and Management Recommendation June 26, 2020 Download
Government Contract Bid Protests Before Agencies Administration and Management Recommendation December 31, 2020 Download
Proposed Recommendation for Plenary - Government Contract Bid Protests - Redline Administration and Management Recommendation December 14, 2020 Download
Proposed Recommendation for Plenary CLEAN 12 17 2020 (Government Contract Bid Protests Before Agencies) Administration and Management Recommendation December 4, 2020 Download
Proposed Recommendation from Committee - Government Contract Bid Protests Before Agencies Administration and Management Recommendation November 30, 2020 Download
Updated Draft Recommendations 7.26.20 Administration and Management Recommendation July 26, 2020 Download
Updated Draft Recommendations 8.13.20 Administration and Management Recommendation August 13, 2020 Download