Bid Protests:

Attorneys' Fees Paid to Bid Protesters by Federal Agencies

GGD-95-17FS: Published: Nov 7, 1994. Publicly Released: Nov 7, 1994.

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Pursuant to a congressional request, GAO provided information on the attorneys' fees federal agencies paid to bid protesters during fiscal years 1992 and 1993, focusing on the: (1) number of sustained or granted bid protests; (2) number of bid protests in which attorneys' fees were paid; (3) ranges of attorneys' hourly fees; and (4) number of bid protests where the protester or awardee was a small business.

GAO found that: (1) 245 bid protests were sustained during FY 1992 and 1993; (2) protesters requested reimbursement of attorneys' fees in 155 cases for which information was available; (3) of the 155 reimbursement requests, 124 requests were granted, 15 requests were denied, and 16 requests were pending as of September 1994; (4) attorneys' fees averaged $169 per hour and ranged between $20 an hour for paralegals to $375 per hour for law partners; (5) 113 of the protesters requesting reimbursement for attorneys' fees were small businesses; (6) small businesses were awarded contracts in 96 cases; (7) the Small Business Administration did not have sufficient information to determine whether the protester was a small business in many of the cases; and (8) 12 contracts had not been awarded as of September 1994 because solicitations had been cancelled or contract awards were pending.

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