So the authors recommend 12 "areas for further research" which could well be translated as recommendations for reform. We'll put these recommendations in our own words:
- Sanctions for filing frivolous protests should be limited to the Rule 11 sanctions currently enforced at the Court of Federal Claims but they should be extended to GAO as well.
- The authors suggest the current stay override standards should be "re-balanced" to better protect the interests of the federal agencies, the taxpayers and the troops.
- Agency level protests must be made trustworthy, transparent and truly effective.
- Agencies should make better use of ADR procedures.
- ADR should be the default dispute resolution and Congress should take the FAA ODRA's approach and replicate it for all federal agencies.
- Agencies should object to frivolous protests by moving to dismiss them.
- Agencies must provide quality mandatory debriefings to prevent protests.
- Agencies should not blindly follow GAO recommendations.
- CICA and GAO rules should require protesters to post bonds for the cost of interruptions from CICA stays.
- Better training is needed in ADR resolution of protests.
- Competition must be enhanced by breaking up large consolidated contracts into smaller contracts including multiple-award contracts.
- FAR should require written justification for not using ADR, not overriding a stay, and not seeking to dismiss frivolous protests.
We applaud the Naval Postgraduate School for its research and major contribution to our consideration of reforms to the bid protest system. Our special thanks to our dear friend, Max.