Report of the Commission on Government ... - Bayhdolecentral

Legal and Administrative Remedies
CORRELATION OF TIME AND
CONTRACT PROVISION
A matrix displaying time against <strong>the</strong> clause
in dispute shows that, <strong>of</strong> <strong>the</strong> cases at <strong>the</strong> board
level involving <strong>the</strong> Changes clause, 21 percent
are resolved within six months, an additional
26 percent within <strong>the</strong> next six months, and
yet ano<strong>the</strong>r 21 percent within a 12- to 18month
period, in o<strong>the</strong>r words, more than twothirds
within a year and a half. Of <strong>the</strong> cases
that took more than four years to resolve, <strong>the</strong>
largest number concerned <strong>the</strong> Changes clause.
Time for disposing <strong>of</strong> SOW/S&D cases runs
fairly uniformly with <strong>the</strong> Changes clause.
Thirty-five percent <strong>of</strong> <strong>the</strong> cases before
boards involving <strong>the</strong> default provisions were
resolved within <strong>the</strong> first six months.
Changed conditions disputes generally took
more than a year to resolve at board level,
since only 33 percent <strong>of</strong> such disputes were on
<strong>the</strong> docket less than 12 months.
At <strong>the</strong> contracting <strong>of</strong>ficer level, more than
90 percent <strong>of</strong> <strong>the</strong> cases involving default terminations
were decided within six months. For
most <strong>of</strong> <strong>the</strong> cases involving <strong>the</strong> inspection
provision, a final decision was also made within
six months.
CORRELATION OF TIME AND ACCELERATED
PROCEDURES AT THE BOARD LEVEL
Fifty-four percent <strong>of</strong> <strong>the</strong> cases using accelerated
procedures were resolved within six
months (76 appeals <strong>of</strong> 140), compared to 29
percent <strong>of</strong> <strong>the</strong> cases not using accelerated procedures
(336 appeals <strong>of</strong> 1,141).
TREND TOWARD SETTLEMENT
The pr<strong>of</strong>ile shows that, within six-month
intervals between January 1970 and June 1971,
a fairly constant 'lumber <strong>of</strong> cases were settled.
Before January 1970, going back in time, <strong>the</strong>
number decreases rapidly. But since most <strong>of</strong> <strong>the</strong>
data are clustered in <strong>the</strong> period <strong>of</strong> time between
January 1970 to June 1971, <strong>the</strong> number
<strong>of</strong> settlements before that date is bound to
decrease.
CORRELATION BETWEEN METHOD OF
PAYMENT AND PURPOSE OF CONTRACT
At <strong>the</strong> board <strong>of</strong> contract appeals level, <strong>the</strong>
percentage <strong>of</strong> fixed-price contracts by purpose
was:
Construction
Supply
Repair
Transportation
Architect-engineer
/'
At <strong>the</strong> contracting <strong>of</strong>ficer level:
Construction
Supply
Repair
DISPUTES RELATED TO AWARD
OF CONTRACTS
97%
86%
89%
56%
100%
991';(,­
95%
95%
DISPOSITION OF AWARD PROTESTS
Protests were denied in 92 percent <strong>of</strong> <strong>the</strong>
decisions rendered during 1969-1972. Cancellation
<strong>of</strong> <strong>the</strong> contract was recommended in
one percent <strong>of</strong> <strong>the</strong> decisions rendered, representing
15 percent <strong>of</strong> <strong>the</strong> decisions favoring
<strong>the</strong> protestor. GAO suggested corrective
action in agency award practices in 12 percent
<strong>of</strong> <strong>the</strong> protests resolved by it. During 1971­
1972, 24 percent <strong>of</strong> <strong>the</strong> protests received by
GAO were withdrawn. The following table
shows <strong>the</strong> disposition <strong>of</strong> award protests received
by GAO during 1969-1972:
Fiscal Fiscal Fi8cal Fi8cal
DiaposiUQn 197£ 1971 1970 1969
Protest decisions rendered 758 715 583 554
Protests denied 706 641 548 520
Protests sustained 52 74 35 34
Protests withdrawn 299 274 188 No statistics
available
Miscellaneous disposition 170 65 No statistics No statistics
available available
Total protests handled 1,227 1,054 No statistics No statistics
available available
Contract cancellation recommended 12 4 5 s
Corrective action suggested 105 85 65 73
Source: Statistics for 1970-1972 furnished by Office <strong>of</strong> General Counsel. U.S. General Accounting Office. Statistics for 1969 are from Annual
<strong>Report</strong> <strong>of</strong> <strong>the</strong> Comptroller General <strong>of</strong> <strong>the</strong> United States. 1969 255 (1969).
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