GAO Releases 2023 Bid Protest Report

Consistent with the Competition in Contracting Act of 1984 (CICA), in October 2023 the Government Accountability Office (GAO) released an annual report to congressional committees highlighting key bid protest statistics and high-level insights into GAO’s bid protest–related activities.  

Several trends in bid protests may be noted based on GAO’s annual report. Specifically, in fiscal year 2023, GAO received a total of 2,025 cases: 1,957 protests, 38 cost claims, and 30 requests for reconsideration. Notably, GAO closed 2,041 cases during the year, an increase from the previous year’s total of 1,655. A significant number of protests related to the Department of Health and Human Services’ award of Chief Information Officer-Solutions and Partners 4 contracts, which contributed to the increase in closed cases. 

GAO also highlighted a 31 percent sustainment rate, up from 13 percent in the previous year. Sustainment occurs when GAO agrees with the protester that the agency violated a procurement law or regulation in a prejudicial manner. The most prevalent reasons for sustaining protests in 2023 involved unreasonable technical evaluations, flawed selection decisions, and unreasonable cost or price evaluations. The chart below summarizes by year the number of cases filed along with the sustainment rate percentage. 

Find GAO Bid Protest Report here: GAO Bid Protest Annual Report to Congress for Fiscal Year 2023