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On December 12, 2025, the U.S. Government Accountability Office (GAO) released its annual report on bid protests for fiscal year 2025, containing the full statistics shown below:

Bid Protest Statistics for Fiscal Years 2021-2025

 FY2025FY2024FY2023FY2022FY2021
Cases Filed1688 (down 6%)1803 (down 11%)2025 (increase of 22%)1658 (down 12%)1897 (down 12%)
Cases Closed17371706204116552017
Merit (Sustain + Deny Decisions)380386608455581
Number of Sustains 53611885985
Sustain Rate14%16%31%13%15%
Effectiveness Rate52%52%57%51%48%
ADR (cases used)5376697476
ADR Success Rate91%92%90%92%84%
Hearings .5% (3 cases).2% (1 case)2% (22 cases).27% (2 cases)1% (13 cases)

The total number of cases filed (1,688) and sustained (53) decreased from FY 2024. While the number of sustains was the lowest it has been in over two decades, the 14% sustain rate remains comparable to recent years (the 31% sustain rate in FY 2023 was an anomaly owing to an unusually high number of protests challenging a single procurement).  Additionally, GAO’s “effectiveness rate”—the percentage of cases in which the protester received relief, including GAO sustains and voluntary corrective actions—remained above 50%, likewise resembling previous years.

Importantly, the number of merit decisions (380) represents a multi-year low, continuing a downward trend seen in FY 2024.

The most prevalent grounds upon which GAO sustained protests in FY 2025 were (1) unreasonable technical evaluations; (2) unreasonable cost or price evaluations; and (3) unreasonable rejection of proposal.  The first two categories have frequently been identified as among the most common grounds for protest sustains, while the third—unreasonable rejection of proposal—was identified for the first time in recent history.  The most prevalent grounds for sustained protests over the past ten years (according to GAO’s corresponding annual reports) are shown in the table below:

Most Prevalent Sustain Grounds By Year
 2025202420232022202120202019201820172016
Flawed technical evaluationXXXXXXXXXX
Flawed cost/price evaluationXXX XX XXX
Flawed past performance evaluation     X  XX
Flawed selection decision XXX  XX X
Inadequate documentation      X X 
Unequal Treatment    X X   
Failure to follow evaluation criteria          
Flawed solicitation   X X    
Flawed discussions    X     
Unreasonable rejection of proposalX         

Key Takeaways

  1. The number of protests filed continues a notable downward trend we’ve been monitoring and tracks anecdotal reports that protesters are increasingly turning to the Court of Federal Claims (when available) as an initial protest forum.  It will be interesting to watch whether, and how significantly, GAO protest filings continue to dip in FY 2026, particularly given the government shutdown, during which GAO and large parts of the federal government were closed for over a month.
  2. Notwithstanding the lower number of cases filed, the effectiveness rate remaining above 50% demonstrates that bid protests continue to be an effective and efficient oversight mechanism for the federal procurement system. 
  3. GAO’s report accompanying the statistics highlights the importance of early action in bid protests.  Specifically, GAO noted that “a significant number of protests filed with our Office do not reach a decision on the merits because agencies voluntarily take corrective action in response to the protest rather than defend the protest on the merits.”  This is an important reminder (1) to protesters to craft strong initial filings; and (2) to awardees to promptly intervene and defend their rights.  Sitting on the sidelines and waiting is often not a viable option when so many protests are resolved via early corrective action.
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Photo of Rob Sneckenberg Rob Sneckenberg

Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S.

Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S. Court of Appeals for the Federal Circuit. He also represents contractors in contract claim and cost accounting disputes before the Armed Services Board of Contract Appeals (ASBCA), and counsels clients on a wide array of government contracts investigations. Rob is very active in Crowell & Moring’s pro bono program, where he focuses on civil and criminal appeals.

Photo of Anuj Vohra Anuj Vohra

Anuj Vohra litigates high-stakes disputes on behalf of government contractors in federal and state court, and maintains an active bid protest practice before the U.S. Government Accountability Office and the U.S. Court of Federal Claims. He also assists clients with an array of…

Anuj Vohra litigates high-stakes disputes on behalf of government contractors in federal and state court, and maintains an active bid protest practice before the U.S. Government Accountability Office and the U.S. Court of Federal Claims. He also assists clients with an array of issues related to contract formation (including subcontracts and teaming agreements), regulatory compliance, internal and government-facing investigations, suspension and debarment, organizational conflicts of interest (“OCIs”), intellectual property and data rights, and the Freedom of Information Act (“FOIA”).

Prior to entering private practice, Anuj spent six years as a Trial Attorney in the U.S. Department of Justice’s Commercial Litigation Branch. At DOJ, he was a member of the Bid Protest Team—which handles the department’s largest and most complex protests—and served as lead counsel in dozens of matters representing the United States in commercial disputes before the U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims, and the U.S. Court of International Trade.

Photo of Christian Curran Christian Curran

Christian N. Curran is a partner in Crowell & Moring’s Washington, D.C. office, where he practices in the Government Contracts Group. His practice focuses on government contracts litigation and counseling, including bid protests, government investigations, and compliance with federal and state procurement laws…

Christian N. Curran is a partner in Crowell & Moring’s Washington, D.C. office, where he practices in the Government Contracts Group. His practice focuses on government contracts litigation and counseling, including bid protests, government investigations, and compliance with federal and state procurement laws and regulations.

Christian has broad experience in the government contracts arena, including bid protest litigation at both the Government Accountability Office and the Court of Federal Claims, contract claims before the Armed Services Board of Contract Appeals, prime-sub disputes, internal investigations, mandatory disclosures, transactional due diligence, Defense Contract Audit Agency audits, and compliance assessments. He also has experience in both traditional litigation and alternative dispute resolution forums, including international arbitration and mediation, and administrative proceedings before various government agencies.