Sec. 822. Report on bid protests
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Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity that is a not-for-profit entity or a Federally funded research and development center with appropriate expertise and analytical capability to carry out a comprehensive study on the prevalence and impact of bid protests on Department of Defense acquisitions, including protests filed with contracting agencies, the Government Accountability Office, and the Court of Federal Claims. The report required by subsection
(a)shall cover Department of Defense contracts and include, at a minimum, the following elements: A description of trends in the number of bid protests filed, and the rate of such bid protests compared to contract obligations and the number of contracts. An analysis of bid protests filed by incumbent contractors, including— the rate at which such protesters are awarded bridge contracts or contract extensions over the period that the protest remains unresolved; and an assessment of the cost and schedule impact of successful and unsuccessful bid protests filed by incumbent contractors on contracts for services with a value in excess of $100,000,000. A description of trends in the number of bid protests filed and the rate of such bid protests on— contracts valued in excess of $3,000,000,000; contracts valued between $500,000,000 and $3,000,000,000; contracts valued between $50,000,000 and $500,000,000; and contracts valued under $50,000,000. An assessment of the cost and schedule impact of successful and unsuccessful bid protests filed on contracts valued in excess of $3,000,000,000. An analysis of how often protestors win the protested contract. A summary of the results of protests in which the contracting agencies took unilateral corrective action, including— the average time for remedial action to be completed; and a determination as to what extent such unilateral action was a result of a violation of law or regulation by the agency, or such action was a result of some other factor. A description of the time it takes agencies to implement corrective actions after a ruling or decision. Not later than one year after the date of the enactment of this Act, the independent entity that conducts the study under subsection
(a)shall provide to the Secretary of Defense and the congressional defense committees a report on the results of the study, along with any related recommendations.