Gao Protest vs. Agency-Level Protest
GAO Protest vs. Agency-Level Protest
Introduction
The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in a fair and unbiased manner (Nacke & Ralston 2011).
When a procuring agency fails to adhere to the regulations and/or the terms listed within the solicitation, a bid protest may be filed (Nacke & Ralston 2011). A bid protest is a tool that a contractor can use to legally contest the process or result of a government contract award. In order to file a protest, one must be considered an interested party, meaning they are an offeror or prospective offeror who would be financially affected by either the award or the non-award of the contract. There are three different types of protests available to contractors. Each has differing procedures but they share the main requirement; In order to win, they must provide supporting information which would prove that they have been prejudiced by the government agency. The two most common forms of bid protest are the agency-level protest and the Government Accountability Office (“Bid Protests,” 2010).
Agency-Level Protest
What is an agency level protest?
An agency-level protest is one which is filed directly with the agency who is facilitating the procurement. It is viewed as the least formal of two processes. The agency-level protest offers a faster resolution and is less expensive
Introduction
The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in a fair and unbiased manner (Nacke & Ralston 2011).
When a procuring agency fails to adhere to the regulations and/or the terms listed within the solicitation, a bid protest may be filed (Nacke & Ralston 2011). A bid protest is a tool that a contractor can use to legally contest the process or result of a government contract award. In order to file a protest, one must be considered an interested party, meaning they are an offeror or prospective offeror who would be financially affected by either the award or the non-award of the contract. There are three different types of protests available to contractors. Each has differing procedures but they share the main requirement; In order to win, they must provide supporting information which would prove that they have been prejudiced by the government agency. The two most common forms of bid protest are the agency-level protest and the Government Accountability Office (“Bid Protests,” 2010).
Agency-Level Protest
What is an agency level protest?
An agency-level protest is one which is filed directly with the agency who is facilitating the procurement. It is viewed as the least formal of two processes. The agency-level protest offers a faster resolution and is less expensive
References: Bid protests. (2010) Retrieved February 16, 2011 from http://www.fedaccess.com/bid-protest-focus.htm. Case study: From dispute to court action. (2011) Retrieved March 15, 2012 from http://www.toolkit.com/small_business_guide/sbg.aspx?nid=P09_3360. Federal Acquisition Regulation. (2012). Retrieved March 15, 2012 from https://www.acquisition.gov/far/. Government Accountability Office (GAO). (1990). Bid protests at GAO: A descriptive guide. (GAO-09-471SP). Government Accountability Office (GAO). (2011). Decision: Matter of General Dynamics Information Technology, Inc. (B-406030; B-406030.3). Nacke, P., & Ralston, D. (2011). Guide to Federal Procurement Protests. Retrieved March 3, 2012, from http://govcon.net/law/guide-to-federal-procurement-protests.