S. 906 — what changed

Reducing DHS Acquisition Cost Growth Act

From Introduced in Senate to Reported in Senate. 1 added between Introduced in Senate and Reported in Senate.

Sec. 3 Report on bid protests

added

(a)

added Definition— In this section, the term Department means the Department of Homeland Security.

(b)

added Study and report— Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department shall conduct a study and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the prevalence and impact of bid protests on the acquisition process of the Department, in particular bid protests filed with the Government Accountability Office and the United States Court of Federal Claims.

(c)

added Contents— The report required under subsection (b) shall include—

(1)

added with respect to contracts with the Department—

(A)

added trends in the number of bid protests filed with Federal agencies, the Government Accountability Office, and Federal courts, the effectiveness of each forum for contracts and task or delivery orders, and the rate of those bid protests compared to contract obligations and the number of contracts;

(B)

added an analysis of bid protests filed by incumbent contractors, including the rate at which those contractors are awarded bridge contracts or contract extensions over the period during which the bid protest remains unresolved;

(C)

added a comparison of the number of bid protests and the outcome of bid protests for—

(i)

added awards of contracts compared to awards of task or delivery orders;

(ii)

added contracts or orders primarily for products compared to contracts or orders primarily for services;

(iii)

added protests filed pre-award to challenge the solicitation compared to those filed post-award;

(iv)

added contracts or awards with single protestors compared to multiple protestors; and

(v)

added contracts with single awards compared to multiple award contracts;

(D)

added a description of trends in the number of bid protests filed as a percentage of contracts and as a percentage of task or delivery orders by the value of the contract or order with respect to—

(i)

added contracts valued at more than $300,000,000;

(ii)

added contracts valued at not less than $50,000,000 and not more than $300,000,000;

(iii)

added contracts valued at not less than $10,000,000 and not more than $50,000,000; and

(iv)

added contracts valued at less than $10,000,000;

(E)

added an assessment of the cost and schedule impact of successful and unsuccessful bid protests, as well as delineation of litigation costs, filed on major acquisitions with more than $100,000,000 in annual expenditures or $300,000,000 in lifecycle costs;

(F)

added an analysis of how often bid protestors are awarded the contract that was the subject of the bid protest;

(G)

added a summary of the results of bid protests in which the contracting Federal agencies took unilateral corrective action, including the average time for remedial action to be completed;

(H)

added the time it takes Federal agencies to implement corrective actions after a ruling or decision with respect to a bid protest, and the percentage of those corrective actions that are subsequently protested, including the outcome of any subsequent bid protest;

(I)

added an analysis of those contracts with respect to which a company files a bid protest and later files a subsequent bid protest;

(J)

added an analysis of the time spent at each phase of the procurement process attempting to prevent a bid protest, addressing a bid protest, or taking corrective action in response to a bid protest, including the efficacy of any actions attempted to prevent the occurrence of a protest; and

(K)

added with respect to a company bidding on contracts or task or delivery orders, the extent to and manner in which the bid protest process affects or may affect the decision to offer a bid or proposal on single award or multiple award contracts when the company is the incumbent or non-incumbent contractor; and

(2)

added any recommendations by the Inspector General of the Department relating to the study conducted under this section.