RAND Corp. tells Congress that Bid Protests are Not a Problem
Client Alert | 1 min read | 01.05.18
RAND Corp. recently submitted a report to Congress on the effects of Department of Defense bid protests, as required by the 2017 NDAA. Interestingly, RAND found:
- Bid protests are not a significant impediment, as some in Congress have suggested. To the contrary, “bid protests are exceedingly uncommon for DoD procurements.”
- GAO’s 100-day deadline should stay. GAO already resolves 70% of protests within 60 days, and often needs the full 100 days for complex protests and numerous end of fiscal year protests.
- Task order protests are important. The higher effectiveness rate for task order protests indicates that such procurements may be more problematic and should be protestable.
- A majority of protests are brought by small businesses. Congress should consider approaches to reduce and improve such protests.
- Debriefings matter. “Evasive or adversarial debriefings may lead to a bid protest in most cases.”
RAND also recommended improving DoD recordkeeping to support future studies.
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On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department.
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