ADP Bid Protests:

Better Disclosure and Accountability of Settlements Needed

GGD-90-13: Published: Mar 30, 1990. Publicly Released: Mar 30, 1990.

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Pursuant to a congressional request, GAO reviewed bid protest procedures for automatic data processing (ADP) procurements.

GAO found that: (1) federal agencies and protesters settled their differences in 51 of 123 ADP protests; (2) only 2 of 51 settlements involved dollar payments by agencies for protest costs; (3) there were no settlement payments made to protesters in excess of $150,000; (4) agencies agreed to take corrective action in all settlements that were voluntarily disclosed, but did not agree to corrections in some of the settlements that were not disclosed; and (5) the agencies responsible for protest cost awards were not always responsible for paying those costs.

Matters for Congressional Consideration

  1. Status: Closed - Not Implemented

    Comments: Congress is not taking action due to higher priority work. There is no reason to continue to monitor this recommendation in view of the time that has passed.

    Matter: Congress should amend the Competition in Contracting Act (CICA) to require that all terms of protest settlements be disclosed in the motion to dismiss filed at the General Services Administration Board of Contract Appeals (GSBCA) and in the notice of withdrawal filed with GA0.

  2. Status: Closed - Not Implemented

    Comments: Congress is not taking action due to higher priority work. There is no reason to continue to monitor this recommendation in view of the time that has passed.

    Matter: Congress should amend CICA to require that payments of bid protest costs authorized by GSBCA and GAO be borne by agency appropriations.

 

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