bid protest fundamentals - government contracting
DESCRIPTION
Jennifer Schaus hosts a series of Government Contracting webinars. Bill Bainbrdge of Perkins Coie joins us for a discussion on BID PROTEST. Full audio & slides avail at: http://youtu.be/sCsUbUeXdPMTRANSCRIPT
Bid Protest Fundamentals
Bid Protest Fundamentals
• Agenda
– Introductions– Presentation– Q & A
Bid Protest Fundamentals
– Introductions:• Fed Bid Speed• Fierce Government• William Bainbridge – Perkins Coie LLP• Jennifer Schaus – JS & Associates
Bid Protest Fundamentals
• Fed Bid Speed* Software program to manage B2G Opps
* Single click integration with FBO.gov
* Share notes & project manage RFP’s
Bid Protest Fundamentals
• Fierce Government* Free Govt IT Newsletter
* IT in Govt Agencies / Defense / Cloud / Cyber
* White Papers / Events / Analysis
* In-depth & Quality = Differentiator
Bid Protest Fundamentals
Perkins Coie LLPWith more than 900 lawyers in 19 offices across
the United States and Asia, Perkins Coie represents great companies across a wide range of industries and stages of growth—from start-ups to FORTUNE 50 corporations.
www.PerkinsCoie.com
Bid Protest Fundamentals
• Jennifer Schaus & Associates• B2G Services and Events
GSA Schedules
Federal Sales / Marketing
Full Series of GOV CON WEBINARS:
http://JenniferSchaus5.eventbrite.com
Bid Protest Fundamentals
Bid Protest Fundamentals
What is a Bid Protest?
Bid Protest Fundamentals
WHAT is a Bid Protest?– a challenge to the award or proposed award
of a contract for procurement of goods & services OR
– a challenge to the terms of a solicitation for such a contract
* This means agency procurement actions can be
challenged before & after award
Bid Protest Fundamentals
WHERE to Protest
– Procuring Agency (usually the CO)
– Government Accountability Office– U.S. Court of Federal Claims– SBA (protests of small business size status; file with CO first)
Bid Protest Fundamentals WHEN to Protest– Pre-Award protests filed at agency or GAO must be filed before next offers are due– Post-Award
• If no debriefing, 10 days after notice• Debriefing (must request w/in 3 days of notice)• Protest – five days after “required debriefing” for automatic
stay / suspension
– Competitive Range – Other grounds must be filed w/in 10 days of notice– Timelines are strictly enforced!
Bid Protest Fundamentals
WHEN to Protest (cont’d)
–U.S. Court of Federal Claims• Pre-Award similar to GAO• Post-Award: No statute of limitations, but court will assess
whether Plaintiff waited too long to file after award
Bid Protest Fundamentals Typical Grounds of Protest
– Pre-Award
• Specs/requirements overly restrictive of competition
• Specs/requirements are ambiguous
• Bundling
• Other solicitation problems
Bid Protest Fundamentals Typical Grounds of Protest
– Post-Award
• Unstated evaluation criteria
• Evaluation did not follow RFP
• Lack of meaningful discussions
• COI
• Violations of law or regulation
• Unequal treatment
Bid Protest Fundamentals
Business Considerations– Bid protests should be part of your overall capture strategy
• Use pre-award protests to shape the procurement when appropriate• Remember, if don’t protest a term or condition of the RFP before submission
of proposals, you have agreed to play by the rules as published (waiver)• Whether to file a post-award protest – what is the realistic likelihood of
success?• Costs (agency vs. GAO vs. COFC)
Bid Protest Fundamentals Business Considerations – cont’d.
– Protesting w/o an attorney is (almost) never a good idea– Defending an award you received– Winning a protest does not necessarily mean you win the contract. Make sure your attorney is giving you a realistic assessment – Relationship with your customer – real concern but often overstated
Bid Protest Fundamentals Possible Outcomes
– You win on the merits – Agency corrective action– Protest denied / dismissed– Things to Consider:
• Directed awards are rare. If you win, GAO or COFC will usually tell the agency to fix the problems identified by the protest.
• In some instances you may qualify for reimbursement
• Winning on the merits – approx 20% of the time or less
• Corrective Action – more & more frequent
Bid Protest Fundamentals
Conclusions
Bid Protest Fundamentals Conclusions
– Make bid protests part of your overall strategy
– Decision to protest should support your business objectives (Legal vs. Business considerations)
– Winning a protest & winning a contract are 2 different things. * But sometimes you have to do one in order to do the other.
– Timeliness matters. A lot. Late protests get dismissed.
– Get your attorney involved early & make sure s/he is giving you a realistic assessment of the situation.
Thank You !!!!!
Please submit questions here …....
The webinar is recorded & will be available for download.
Thank you for your time!
Bid Protest Fundamentals
Jennifer Schaus & [email protected]
www.JenniferSchaus.com+ 1 – 2 0 2 – 3 6 5 – 0 5 9 8
William Bainbridge*Perkins Coie LLP2 0 2 – 6 5 4 – 6 2 5 [email protected]*Mr. Bainbridge is licensed only in Md. DC Bar admission pending