Presentation on theme: "Protests: Resolution NIGP-Utah presentation Tuesday, January 19, 2010"— Presentation transcript:
1Protests: Resolution NIGP-Utah presentation Tuesday, January 19, 2010 R. Bryan Hemsley, Chief Procurement Officer Salt Lake City Corporation
2Protests: are they increasing? “In these rough economic seas, more and more vendors are turning to the government market to stay afloat. It’s not hard to understand why: The most recent spending statistics show that the government is virtually recession proof.” (Government Procurement, May 20, 2008, By Michael Keating)
3Changing timesThen (20 years ago): contracts were typically 1-year durationNow: contract and extension options typically up to 5-years
4“In the past, companies were wary of protests because they didn’t want to hurt their customer relationships…But government has moved to longer and larger procurements…With large contracts shutting off the marketplace for a decade companies can’t risk losing…If you don’t get selected…you won’t get awards downstream.” (FederalTimes.com, April 6, 2009, By Elise Castelli)
5Basic Conflict Resolution Remain calm and manage stressControl behavior and emotionsProvide opportunity to be heardListen and pay attention to feelings expressedBe aware of and respectful of differences
6Basic Conflict Resolution Mistakes to avoid:Being defensiveGeneralizingBeing rightPlay the blame gameMake character attacksStonewalling
7Types of Protests Challenge to specification Challenge to award selectionSmall Purchase ProtestRFP vs. Bid – is there a difference on protests?
9Terminology Did know or should have known Didn’t know or couldn’t have knownTimelinessDismissedWithout merit - DeniedHas merit - Upheld
10Considerations Agency Interest Public Interest Business Interest FairnessMistakes in the processErrors in the specificationsContinuation of business opportunities
11Protest Resolution Process Saber Rattling: Refer potential protesters to Code and Rules, Don’t interpret, let them review on their own, conclude and respond accordingly.Review agency code, rules, policy and procedure. Notify and consult with Attorney’s Office through the process.
12Protest Resolution Process Initial evaluationIs the protester a valid participantWas the protest filed timelyDoes the protest include the required information to support the protestAre there comments or concerns that are unsupported?
13Protest Resolution Process Supported protest claims or allegationsFact finding and investigationUnique claims addressed individuallyDetailed analysis of claims
14Protest Resolution Process Determination and protest decision (resolution) - Possible OutcomesDismissalwas not a participanthas no interest in outcomenot viable for awardWithout Merit – Protest DeniedUntimely submissionContinue with specification or selected award
15Protest Resolution Process Determination and protest decision (resolution) - Possible OutcomesHas Merit – Protest UpheldBack-up and re-evaluate situationProvide for correction or new selectionContinue with specification or selected award – special determinationCancel & Re-Bid
16Protest Resolution Process Appeals ProcessLawsuit in Court
17Other Tips Avoid “Flaming” Letters – Don’t pour gasoline on the fire Timely DeterminationDevelop protest resolution strategies (Include Project Management Elements)Attorney Recommendation – Keep it simple, Simplify response at lowest level possible
18Other TipsLaw firms that specialize in bid protest preparation & filingBid Protest Weekly – publicationpart article series in Government Procurement, author Jack ZeiglerCost of resolving a protest – may depend on your code or policy
19R. Bryan Hemsley, Chief Procurement Officer Salt Lake City Corporation Protests: ResolutionQuestions?R. Bryan Hemsley, Chief Procurement Officer Salt Lake City Corporation