This is the accessible text file for GAO report number GAO-09-251R 
entitled 'GAO Bid Protest Annual Report to the Congress for Fiscal Year 
2008' which was released on December 22, 2008. 

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United States Government Accountability Office: 
Washington, DC 20548: 


The Honorable Nancy Pelosi: 
Speaker of the House of Representatives: 

Dear Madam Speaker: 

This letter responds to the requirements of the Competition in 
Contracting Act of 1984, 31 U.S.C.  3554(e)(2) (2000), that the 
Comptroller General report to Congress each instance in which a 
federal agency did not fully implement a recommendation made by our 
Office in connection with a bid protest decided the prior fiscal year. 
We are pleased to report that there was no such occurrence during 
fiscal year 2008. 

During the fiscal year, we received 1,563 protests (including 59 cost 
claims) and 89 requests for reconsideration, for a total of 1,652 
cases. We closed 1,581 cases: 1,506 protests (including 52 cost 
claims), 71 requests for reconsideration and 4 non-statutory 
decisions. Enclosed for your information is a chart comparing the bid 
protest activity for fiscal years 2004-2008. 

A copy of this report, with the enclosure, is being furnished to the 
Chairman and Ranking Minority Member of the House Committee on 
Government Reform. A similar report is being furnished to the 
President of the Senate. 

Sincerely yours, 

Signed by: 

Gary L. Kepplinger: 
General Counsel: 


[End of letter] 

Bid Protest Statistics for Fiscal Years 2004-2008: 

Cases Filed[1]: 
FY 2008: 1,652[2] (up 17%)[3]; 
FY 2007: 1,411 (up 6%);
FY 2006: 1,327 (down 2%); 
FY 2005: 1,356 (down 9%); 
FY 2004: 1,485. 

Cases Closed: 
FY 2008: 1,582; 
FY 2007: 1,393; 
FY 2006: 1,274; 
FY 2005: 1,341; 
FY 2004: 1,405. 

Merit (Sustain + Deny) Decisions: 
FY 2008: 291; 
FY 2007: 335; 
FY 2006: 249; 
FY 2005: 306; 
FY 2004: 365. 

Number of Sustains: 
FY 2008: 60; 
FY 2007: 91; 
FY 2006: 72; 
FY 2005: 71; 
FY 2004: 75. 

Sustain Rate: 
FY 2008: 21%; 
FY 2007: 27%; 
FY 2006: 29%; 
FY 2005: 23%; 
FY 2004: 21%. 

Effectiveness Rate (reported)[4]: 
FY 2008: 42%; 
FY 2007: 38%; 
FY 2006: 39%; 
FY 2005: 37%; 
FY 2004: 34%. 

ADR[5] (cases used): 
FY 2008: 78; 
FY 2007: 62; 
FY 2006: 91; 
FY 2005: 103; 
FY 2004: 123. 

ADR Success Rate[6]: 
FY 2008: 78%; 
FY 2007: 85%; 
FY 2006: 96%; 
FY 2005: 91%; 
FY 2004: 91%. 

FY 2008: 6% (32 cases); 
FY 2007: 8% (41 cases); 
FY 2006: 11% (51 cases); 
FY 2005: 8% (41 cases); 
FY 2004: 9% (56 cases). 

[1] All entries in this chart are counted in terms of the docket 
numbers (B numbers) assigned by our Office, not the number of 
procurements challenged. Where a protester files a supplemental 
protest or multiple parties protest the same procurement action, 
multiple iterations of the same B number are assigned (i.e., .2, 
.3). Each of these numbers is deemed a separate protest for purposes 
of this chart. 

[2] Of the 1,652 cases filed in FY 2008, 87 are attributable to 
expanded bid protest jurisdiction over task orders (49 filings), A-76 
protests (30 filings), and Transportation Security Administration 
protests (8 filings). If these expanded jurisdiction protests are 
subtracted from the FY 2008 total, the result is 1,565 cases filed, 
which represents a 10.9% increase over FY 2007. 

[3] From the prior fiscal year. 

[4] Based on a protester obtaining some form of relief from the 
agency, as reported to GAO. 

[5] Alternative Dispute Resolution. 

[6] Percentage resolved without a formal GAO decision. 

[7] Percentage of fully developed decisions in which GAO conducted a 

[End of enclosure]