What’s the Purpose of a Bid Protest? Section 809 Panel Suggests An Answer

Counseling clients and prospective clients on a potential bid protest, we often ask: Why would you like to file this protest? Of course, the answer inevitably involves the discussion of a flaw (or several) in the evaluation process that, had they not been committed, would have resulted in a different award decision. In its latest report, the Section 809 Panel offers another consideration: Will this protest ensure confidence in the acquisition system? Before diving into the recommendations from its January 2019 report, let’s first step back and remind ourselves why the Section 809 Panel exists. Named after the section of the 2016 NDAA that brought it into existence, the Panel is tasked with reviewing the acquisition system and, where necessary, making recommendations to ensure that the Department of Defense is able to effectively buy the items needed to best equip its warfighters. As part of this call, the Panel took an in-depth look at the bid protest…

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