[Comments on S. 2030]

In response to a congressional request, GAO commented on S. 2030, a bill to authorize the General Services Administration Board of Contract Appeals (GSBCA) to decide bid protests. GAO noted that GSBCA: (1) currently has jurisdiction over bid protests regarding automatic data processing (ADP) procurements; and (2) would have expanded authority under the bill to decide bid protests involving any decision by a contracting officer alleged to violate a statute, regulation, or law. GAO: (1) stated that a longer trial period and a more complete review of GSBCA performance would give Congress more time to determine whether to continue or expand GSBCA jurisdiction; (2) rejected the evaluation of its record on the basis of the number of protests it sustains; (3) rejected the assertion that its protest forum yielded to the contracting agency's account of the facts; (4) stated that its function is to determine if agency officials have violated the law and not to substitute its preference in decisions for the agency's; (5) questioned the appropriateness of centralizing all authority in GSBCA in the event that Congress establishes a board as an alternative protest forum; and (6) questioned the bill's intent to extend the right to protest and delay contract awards to subcontractors, suppliers, and other parties whose economic interests are affected.