2. 1 AVOIDING PROPOSAL & DEBRIEFING ERRORS Breakout Session # E04 Names:Seth C. Berenzweig Terrence M. O’ Connor BERENZWEIG LEONARD LLP Date:July 31, 2012 Time:2:30-3:45 PM

3. 2 Proposal Problem Areas:  Technical  Cost-price  Past Performance  Areas of Solicitation Focus Avoiding Proposal Errors

4. 3 Contractors and Contracting Officers needlessly waste the wonderful opportunities a debriefing presents. There IS a better way! Avoiding Debriefing Errors

5. 4 1.Get a debriefing 2.Know the limited information available 3. Understand the mindsets at a debriefing 4. Know the odds of a debriefing leading to winning the lost contract 5. Build relationships, not controversies 5 RULES FOR EFFECTIVE DEBRIEFING

6. 5 WHO GETS A DEBRIEFING? WHEN IS A DEBRIEFING HELD? Pre-award or Post award RULE 1: GET A DEBRIEFING

7. 6 “The 3-day turn-around” rule “Loser-letter” starts the clock Miss the deadline?

8. RULE 1: GET A DEBRIEFING 7 Pre-award debriefing FAR 15.505 3-day rule Postpone it?

9. RULE 1: GET A DEBRIEFING 8 REQUIRED DEBRIEFING-POST-AWARD FAR 15.506(a)(1): An offeror, upon its written request received by the agency within 3 days after the date on which offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed…

10. RULE 1: GET A DEBRIEFING 9 FAR 15.503(b) Post-award notices. (1) Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror…

11. RULE 2: INFORMATION WILL BE LIMITED 10 AT A MINIMUM, the debriefing SHALL include— (1) … the significant weaknesses or deficiencies (2) …RATING of the successful offeror and the debriefed offeror, (3) …RANKING of all offerors

12. RULE 2: INFORMATION WILL BE LIMITED 11 At a MINIMUM, the debriefing SHALL include: (4) A summary of the rationale for award; (5) the make and model of the commercial item

13. RULE 2: INFORMATION WILL BE LIMITED 12 At a MINIMUM, the debriefing SHALL include: (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.

14. RULE 2: INFORMATION WILL BE LIMITED 13 What you will NOT get: A point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors. Information prohibited from disclosure by 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552)…

15. RULE 3: UNDERSTAND THE MINDSETS 14 The Government’s mindset Overworked and underpaid Risk-averse: protests, personal liability, releasing protected information Ultra-conservative approach Distrust of contractors

16. RULE 3: UNDERSTAND THE MINDSETS 15 The contractor’s mindset Disappointed and concerned Defending-advocating for its proposal Impact on income Distrust of the government

17. RULE 4: KNOW THE ODDS 16 1.Not all protests are winnable but debriefing information is critical 2.Debriefings on occasion win protests

18. RULE 4: KNOW THE ODDS 17 Can a debriefing lead to winning the lost contract?

19. RULE 5: BUILD RELATIONSHIPS, NOT CONTROVERSIES 18 Being “adversarial” is not effective Being a “Good Contractor” is effective Relationship building is the key

20. RULE 5: BUILD RELATIONSHIPS, NOT CONTROVERSIES 19 How this changes the government’s conduct at a debriefing Allow some oral input Stress strengths of proposal Discuss future business opportunities

21. RULE 5: BUILD RELATIONSHIPS, NOT CONTROVERSIES 20 How this changes a contractor’s conduct at a debriefing The letter requesting a debriefing The preparation for the debriefing Your conduct at the debriefing

22. 5 RULES FOR EFFECTIVE DEBRIEFING 21 1.Get a debriefing 2.Know the limited information available 3. Understand the mindsets at a debriefing 4. Know the odds of a debriefing leading to winning the lost contract 5. Build relationships, not controversies

23. POST-DEBRIEFING ISSUES 22 Protest Considerations Relationship Considerations Related Business Considerations

24. 23 Questions?

25. THANK YOU! 24 Seth Berenzweig Terry O’Connor Berenzweig Leonard, LLP 8300 Greensboro Drive, Suite 1250 McLean, Virginia 22102 (703) 760-0402 www.BerenzweigLaw.com