The Impact of the Federal Acquisition Streamlining Act of 1994 on Post-Award Protest Frequency

• Main Author: Duncan, Eric C
• Format: Report
• Language: English
• Subjects: ACQUISITION; AWARDS; CONTRACTS; COSTS; FASA(FEDERAL ACQUISITION STREAMLINING ACT); FEDERAL LAW; Government and Political Science; GOVERNMENT PROCUREMENT; LEGISLATION; UNITED STATES GOVERNMENT

The protest process is a means of ensuring that the Government conducts procurements in accordance with statutory and regulatory procedures. Additionally, protests serve a vital role in assuring full and open competition in the federal acquisition process. Protests can be costly in many aspects, including the direct costs of taking the action as well as more indirect costs such as program delays and damaged business relationships. The Government recognizes the negative impact protests have on the procurement process and has enacted several laws and regulations in an effort to reduce protest frequency and streamline procurement procedures. While it appears that the Government has made substantial efforts aimed at reducing protests, it becomes necessary to ask whether they were successful in their efforts. This study examined one such piece of legislation, the Federal Acquisition Streamlining Act of 1994 (FASA), and found that there was an impact on particular contracting practices. Additionally, the findings of this study indicate that protest frequency within the Air Force has decreased since FASA's implementation. This correlation suggests that FASA did have an impact on reducing the frequency of protests.