An analysis of GAO’s 2018 bid protest statistics - regression toward the mean
This feature comment was originally written for The Government Contractor by Leidos Executive Vice President and General Counsel, Jerry Howe, and James J. McCullough, Michael J. Anstett, and Anayansi Rodriguez of Fried Frank Harris Shriver & Jacobson LLP
The Government Accountability Office has released its bid protest statistics for fiscal year 2018 with the GAO Bid Protest Annual Report to Congress for Fiscal Year 2018 (GAO-19-248SP) available at www.gao.gov/products/GAO-19-248SP.
In past years, the recurring major headline has been the increase in agency voluntary corrective action, with a special headline in FY 2016 marking a dramatic increase in GAO’s bid protest “sustain” rate. In the recently concluded FY 2018, the main theme was regression toward the mean. From an overall statistical perspective, the key measures for FY 2018 were “normal” within the experience of recent years—one might say “down the middle of the fairway.”