An analysis of federal Head Contracting Authority (HCA) decisions regarding overrides of statutory stays of contract award and continued performance resulting from bid protests

Abstract

This research examines the Federal agency source selection process within Federal contracting agencies by conducting an analysis of Federal Head Contract Authority (HCA) decisions to override the required statutory stay of contract award and performance, in accordance with the Competition in Contracting Act (CICA) of 1984, resulting from bid protests. This thesis includes an analysis of the Government Accounting Office (GAO) Comptroller General of the United States findings and independent research data with respect to Federal agency decisions concerning suspension of contract award and continued performance resulting from pre-award and post-award bid protests. This research evaluates the effectiveness of the Federal agency source selection process via an analysis of HCA and GAO decisions concerning suspensions of contract awards as a result of pre-award bid protests within the previous seven fiscal years. This research also evaluates HCA and GAO justifications for continued contract performance despite post-award bid protests within the previous seven fiscal years. The objectives are to determine if Federal contracting agency decisions are justified because of the source selection process being executed as designed, and to determine if agency judgments to continue performance are supporting the best needs of the Government.