Senate’s Bid Protest Reforms a Step Backwards for Transparency

Language in the Senate version of the Fy2018 defense authorization act would penalize large defense contractors who file unsuccessful protests by requiring them to reimburse the Department of Defense's costs, and withhold a portion of payments from incumbent contractors whose protests delay an award to the extent a bridge contract is required. While these provisions seem to discourage serial protestors or incumbent protesters that know they may obtain an additional 100 days of revenue while their protest is pending, the report on the Senate bill does not indicate why it would apply only to contractors with more than $100 million in annual revenues the previous year.