Bradley Arant attorney Aron Beezley was quoted in Law360 on the frequency of corrective action on contracting decisions. Corrective actions as a percentage of bid protests have taken an upswing since the mid-2000s and have been relatively steady at between 42 and 45 percent since fiscal 2008. In fiscal 2015, 45 percent of all U.S. Government Accountability Office (GAO) bid protests resulted in either a sustained protest and recommendation for corrective action, or a proactive promise from the agency to pursue a fix before the GAO rendered a decision.
As agencies have gotten better at recognizing meritorious decisions, the rate of corrective actions has increased, according to Beezley. It also reflects that agencies don’t want to pay protesters’ attorneys’ fees in the event of a sustained challenge, and agencies can avoid that outcome if they take corrective action before a certain point in the protest cycle.
The complete article, “Won A Contract Corrective Action? Don’t Celebrate Just Yet,” first appeared in Law360 on April 21, 2016. (login required)