GAO Protest Filings Up, Sustains Down in 2008
GAO's report to congress outlining bid protest activity at GAO for fiscal years 2004-2008 reveals that while bid protest filings were up 17% in 2008, GAO's sustain rate was only 21%, the lowest seen since 2004. Of the 1,652 cases filed at GAO in 2008, 87 were attributable to its expanded bid protest jurisdiction for task orders, A-76 protests and TSA protests. However, even without this expanded jurisdiction, filings were still up by 10.9%. GAO also saw its lowest percentage of hearings in 2008, with hearings held in only 6% of cases.
IMPACT: Contrary to some recent published comments, this report demonstrates that the GAO sustain rate in fact is down. Nonetheless, we believe that the coming year will see a continued increase in protest activity given the economic climate. Disappointed offerors in each instance should consider the pros and cons of filing protests at GAO, the agencies at issue or the United States Court of Federal Claims.
