1. Skyway Insight© Webinar
Training From Contracting Officers

2. Skyway Insight© Webinar
Training From Contracting Officers
Topic: Part 9:  Taking the Mystery Out of Debriefings & Protests
Host: Kevin Jans

3. Administrivia <Record> Settings Controls Attendees
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4. Kevin M. Jans President, Founder
16 years as a Contracting Officer
US Air Force
US Special Operations Command (USSOCOM)
Awarded and managed over $1 Billion in contracts
Founded Skyway in 2011
Built a team of fellow contracting officers who love this stuff
Skyway customers have won over $1.3 Billion in contracts
Creator and Co-host of the Contracting Officer Podcast

5. Skyway Insight© Webinar
Training From Contracting Officers
Topic: Part 8:  Taking the Mystery Out of Protests & Debriefs
Host: Kevin Jans

6. How much will we cover?
Less is more…this is wave top perspective.

7. Agenda What, When and How of Debriefings
What to Expect During a Debriefing
How to Prepare for a Debriefing
What, When and How of Protests?
How to Submit a Protest
Q&A

8. Set the stage
Source Selection is over. You lost (or won) and you want to know why
FAR Part 15 Source Selection
The clock is ticking on what (and if) you can learn any more
Set your emotion
Is this a surprise? If so, don’t overreact
Take a deep breath before you send that
You can create good and bad impressions
Once you’ve taken a deep breath (win or lose)…two things come next

9. What’s next? Request a Debriefing
Time is of the essence (3 days and in writing)
Learn why your proposal failed to win the award
Gain invaluable experience and insight for your next proposal attempt
File a Protest
Time is of the essence (10 days and in writing)
Formal dispute of Contracting Officer’s determination
Serves as appeal to the contracting agency, or General Accounting Office, for reconsideration of the determination and/or contract award

10. Debriefings
01/28/2016

11. What is a Debriefing? Debriefing is how you find out why you lost
The “basis” for the reason you lost
i.e. Why you are out of the competition
“Explanation and rationale of the factors and evaluation results…” that led to your exclusion
Examples:
Technical
Past Performance
Price

12. Why are they done? Easy answer: it’s ‘required’ by the FAR.
Better answer:
they want you to know why you lost
They want to ‘close the book’ on your proposal, no offense
They want to convince you NOT to protest
HINT: They do NOT want to ARGUE with you about it

13. 3 reasons you should care about debriefings
To help you improve, ask for them when you win too!
To help you understand their process
To confirm the value of your effort to compete with that agency

14. What do you get? Government’s evaluation why you lost
General understand why “they” won, such as
significant weaknesses or deficiencies in your proposals
An assessment of your proposal in relation to the evaluation criteria
A general understanding of the basis of the award decision

15. Fun facts This is unique to government market
When you lose in the commercial market
You are lucky if you know why
You are not entitled to know why
You may never know why…

16. More fun facts… Debriefings are NOT required for:
Micro-purchase (under $3,000)
Simplified Acquisition Procedures (FAR Part 13)
GSA Order (FAR Part 8)
Sealed Bids (FAR Part 14)
Task or Delivery orders against multiple award IDIQ contracts
There are exceptions
…and more

17. Two types of Debriefings?
Pre-Award
(FAR )
Post-Award
(FAR )

18. Two types of Debriefings?
Pre-Award (FAR ):
Unsuccessful offerors eliminated from Competitive Range*
Podcast Episode 030 (What is a Competitive Range Determination)
Or…“otherwise eliminated from award”
Unsuccessful offerors can learn why they did not move on…
But not who won (since they don’t know yet)
Unsuccessful offerors may request pre- or post-award debriefing

19. Two types of Debriefings?
Post-Award (FAR ):
Remaining Unsuccessful offerors
Podcast Episode 053 (Notification to Unsuccessful Offerors (i.e. “You lost”)
Or…“otherwise eliminated from award”
Unsuccessful offerors can now learn who won (and why they lost)

20. You can only have one debriefing (pre- or post-award) Choose wisely
There’s a catch…
You can only have one debriefing (pre- or post-award) Choose wisely

21. When to Request a Debrief
3 days*

22. When to Request a Debrief
Request in writing
within 3 calendar days of notification of exclusion from competition (pre or post)…or
within 3 calendar days of notification of contract award (post)
Untimely requests may be declined (and likely will be)
Note: Request a debriefing when you win too!

23. When debriefing “should” happen
Pre-award debriefing:
should be done prior to contract award,
However, may be deferred at offeror’s request, or upon CO’s determination
Why defer?
If you don’t think you can win…defer to post-award. You’ll get more intel
You are likely just delaying the inevitable
All the pre-award debriefings I did left the offeror unsatisfied
Kevin’s recommendation: almost always defer

24. When debriefing “should” happen
Post-award:
should be done within 5 days of receipt of written request by the offeror

25. What to Expect Who: How:
CO should normally chair any debriefing session held
Evaluators shall provide support (FAR (d))
How:
May be done orally, in writing, or by any other method acceptable to the CO

26. What to Expect: PRE-AWARD Debriefing
The government will provide (minimum):
agency’s evaluation of significant elements in the offeror’s proposal
A summary of the rationale for eliminating the offeror from the competition
and reasonable responses to relevant questions about whether source selection procedures were followed

27. What to Expect: PRE-AWARD Debriefing
The government will not disclose the following information:
The number or identity of other offerors
The content, ranking, or evaluation of other offeror’s proposals
Trade secrets, and other confidential manufacturing processes and techniques
Confidential commercial and financial information such as cost breakdowns, profit, and indirect cost rates
Identity of an offeror’s past performance references

28. What to Expect: POST-AWARD Debriefing
The government will provide the following information (at a minimum):
Evaluation of the proposal’s significant weaknesses or deficiencies
Cost or price (overall and unit), technical rating, and past performance information of the successful offeror and the debriefed offeror
Overall ranking of all offerors, and a summary of the rationale for award
Make and model (for commercial items) to be delivered by the successful offeror
Reasonable responses to relevant questions about whether source selection procedures were followed.

29. What to Expect: POST-AWARD Debriefing
The government will NOT disclose the following information:
Point-by-point comparison of the debriefed offeror’s proposal with any other offeror’s proposal
Trade secrets, and other confidential manufacturing processes and techniques
Confidential commercial and financial information such as cost breakdowns, profit, and indirect cost rates
Identity of an offeror’s past performance references

30. How to Prepare for a Debrief
The decision is made
The more you accept that now the more valuable the debriefing will be.
Check your emotion and listen. Be ready to listen.*
READ sections L & M again (including all amendments and Q&A)
This is NOT the time to challenge the decision, that comes later.
Now is the time to decide if the decision is
Challengeable
Worth challenging
List 5 questions that you wish you could have asked prior to submitting the proposal. This is your chance to get deeper intel on the agency
* If you emotion drives the conversation, the walls come up…fast!

31. You should expect to get…
About your proposal
the significant weaknesses or deficiencies in the proposal
Did they receive past performance data from all referrals? Was it all favorable? 
their overall evaluated price (including unit prices) – note: FAR (d)(2) “unit prices”
A summary of the rationale for award 

32. You should expect to get…
About all offerors
Did they rank the proposals? 
If they did rank them, they can tell you where you ranked.
Who were the other offerors? If they ranked them, they CAN tell you this, but they probably won’t
The reason you are looking for this info is that it can help you find teaming partners (and competitors, but that’s unspoken)

33. You should expect to get…
On the Source Selection Process
Evidence that they followed the RFP
Did they do what they said they would do?
“Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed” 

34. More Debriefing Details…
Podcast 005 and 006 Debriefings

35. Protests
01/28/2016

36. What are Protests?
A written objection by an interested party to any of the following:
A solicitation or other request for offers for contracted property or services
The cancellation of the solicitation or other request
An award or proposed award of the contract
A termination or cancellation of an award of the contract, if alleging that the termination or cancellation is based on improprieties concerning contract award

37. When to Submit a Protest
When protesting a solicitation
Must be filed before RFP close date
See proposal due date in RFP
To find it, watch TMO 6 Webinar “Understanding Solicitations”

38. When you can Submit a Protest
When protesting during source selection
After pre-award debriefing or
After notification of exclusion from Competitive Range
Within 10 days of becoming aware of the basis for protest

39. When you can Submit a Protest
When protesting after award
After post-award debriefing or
Notification that you did not win
Within 10 days of becoming aware of the basis for protest

40. When to File a Protest
10 days

41. Two places to Protest Agency: Government Accountability Office:
Protest directly to the CO and their boss
Government Accountability Office:
“Nuclear” option
Protest over the CO and their bosses’ heads

42. How to Submit an Agency Protest (“preferred”)
Protests are addressed to the CO
“shall be concise and logically presented to facilitate review by the agency”
Don’t forget agency procedures…
See FAR
Watch Protest webinar in Skyway Community

43. How to Submit an Agency Protest (“preferred”)
You need to “substantially comply” with…
(i) Name, address, and fax and telephone numbers of the protester.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested.
(vii) All information establishing that the protester is an interested party for the purpose of filing a protest.
(viii) All information establishing the timeliness of the protest.

44. How to Submit a GAO Protest:
File written notice with Government Accounting Office (GAO)
Same content as Agency protest (generally)
FAR says “See 4 CFR Part 21 for GAO Protest procedures”
FAR also says: If FAR guidance conflicts with CFR, CFR governs
Send a copy to the CO within 1 day (GAO will send them one too)

45. GAO Protest advice Don’t do it unless you KNOW it’s worth it
<1% of the time it makes sense

46. More Protest Resources
Protests Webinar
“What is a Protest” Podcast Episode (023)

47. Summary Debriefings Protests
All offerors are entitled to a debriefing (when they apply)
provide valuable insight on proposals, evaluations and source selections
Debriefings provide valuable insight, don’t waste them
Protests
a valuable tool for disputing potentially flawed evaluations
use them sparingly and carefully
In most of the cases, just move on

48. Shelley Hall, Community Relations Manager
Presenter:
Kevin Jans, President
For more help call
      
Shelley Hall, Community Relations Manager
(877)

49. Questions?