This is the accessible text file for GAO report number GAO-12-199SP
entitled 'GAO Bid Protest Annual Report to the Congress for Fiscal Year 
2011' which was released on November 15, 2011. 

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United States Government Accountability Office: 
Washington, DC 20548: 


November 15, 2011: 

Congressional Committees: 

This letter responds to the requirements of the Competition in 
Contracting Act of 1984, 31 U.S.C.  3554(e)(2) (2006), 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 2011. 

During the fiscal year, we received 2,286 protests (including 72 cost 
claims) and 72 requests for reconsideration, for a total of 2,353 
cases. Of the 2,353 cases filed, 147 are attributable to GAO's 
recently expanded bid protest jurisdiction over task orders. We closed 
2,292 cases during the fiscal year: 2,219 protests (including
69 cost claims), and 73 requests for reconsideration. Enclosed for 
your information is a chart comparing the bid protest activity for 
fiscal years 2007-2011. 

Signed by: 

Lynn H. Gibson: 
General Counsel: 


The Honorable Daniel K. Inouye: 
The Honorable Thad Cochran: 
Vice Chairman: 
Committee on Appropriations: 
United States Senate: 

The Honorable Carl Levin: 
The Honorable John McCain: 
Ranking Member: 
Committee on Armed Services: 
United States Senate: 

The Honorable Joseph I. Lieberman: 
The Honorable Susan M. Collins: 
Ranking Member: 
Committee on Homeland Security and Governmental Affairs: 
United States Senate: 

The Honorable Mary L. Landrieu: 
The Honorable Olympia J. Snowe: 
Ranking Member: 
Committee on Small Business and Entrepreneurship: 
United States Senate: 

The Honorable Harold Rogers: 
The Honorable Norman D. Dicks: 
Ranking Member: 
Committee on Appropriations: 
House of Representatives: 

The Honorable Howard P. "Buck" McKeon: 
The Honorable Adam Smith: 
Ranking Member: 
Committee on Armed Services: 
House of Representatives: 

The Honorable Darrell E. Issa: 
The Honorable Elijah E. Cummings: 
Ranking Member: 
Committee on Oversight and Government Reform: 
House of Representatives: 

The Honorable Sam Graves: 
The Honorable Nydia M. Velazquez: 
Ranking Member: 
Committee on Small Business: 
House of Representatives: 

Bid Protest Statistics for Fiscal Years 2007-2011: 

Cases Filed[1]: 
FY 2011: 2,353[2] (up 26%); 
FY 2010: 2,229 (up 16%); 
FY 2009: 1,989 (up 20%); 
FY 2008: 1,652 (up 17%); 
FY 2007: 1,411 (up 6%). 

Cases Closed: 
FY 2011: 2,292; 
FY 2010: 2,226; 
FY 2009: 1,920; 
FY 2008: 1,582; 
FY 2007: 1,394. 

Merit (Sustain + Deny) Decisions: 
FY 2011: 417; 
FY 2010: 441; 
FY 2009: 315; 
FY 2008: 291; 
FY 2007: 335.  

Number of Sustains: 
FY 2011: 67; 
FY 2010: 82; 
FY 2009: 57; 
FY 2008: 60; 
FY 2007: 91.  

Sustain Rate: 
FY 2011: 16%; 
FY 2010: 19%; 
FY 2009: 18%; 
FY 2008: 21%; 
FY 2007: 27%. 

Effectiveness Rate (reported)[4]: 
FY 2011: 42%; 
FY 2010: 42%; 
FY 2009: 45%; 
FY 2008: 42%; 
FY 2007: 38%. 

ADR[5] (cases used): 
FY 2011: 140; 
FY 2010: 159; 
FY 2009: 149; 
FY 2008: 78; 
FY 2007: 62.  

ADR Success Rate[6]: 
FY 2011: 82%; 
FY 2010: 80%; 
FY 2009: 93%; 
FY 2008: 78%; 
FY 2007: 85%. 

FY 2011: 8% (46 cases); 
FY 2010: 10% (61 cases); 
FY 2009: 12% (65 cases); 
FY 2008: 6% (32 cases); 
FY 2007: 8% (41 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 2,353 cases filed in FY 2011, 147 are attributable to GAO's 
recently expanded bid protest jurisdiction over task orders. 

[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 of cases resolved without a formal GAO decision after 

[7] Percentage of fully developed decisions in which GAO conducted a 
hearing; not all fully-developed cases result in a merit decision.  

[End of table] 

[End of document]