# Presentation: 502688

## Bid Protests: How to Avoid Them, and How to Win Them

- Doug Kornreich

- Doug Kornreich, HHS OGC GLD

## Introduction

- Bid Protest:  Contracting Officers dread them
- Doug Kornreich, Procurement Team Leader GLD, we don’t like protests too much either.
- How do we get through them?

- Doug Kornreich, HHS OGC GLD

**Notes:**
Don’t be afraid, be like the boy scout motto and be prepared
The whole key 

## CommunicationandDocumentation

- Doug Kornreich, HHS OGC GLD

## Topics of Discussion

- Bid Protest Process
- Why do Protesters Protest?
- Solicitation
- Evaluation
- Award Decision
- Debriefing

- Doug Kornreich, HHS OGC GLD

**Notes:**
Solicitation – Read it, understand it, do what it saysh

## Bid Protest Process

- NIH Protest Control Officer, HHS Protest Control Officer, GLD and Contracting Officer discuss
- 30 days: agency report is due to GAO
- GAO wants contemporaneous documentation
- GAO wants reasons for decision

- Doug Kornreich, HHS OGC GLD

**Notes:**
Greg Pryor, Doris Gibson, myself and you
By the time that agency report is produced, 95% of the protests are won or lost. 
Again, communication and documentation – explain what you did, and show that’s what you thought at the time.

## Why do Protesters Protest?

- Want to know why they didn’t win

- Doug Kornreich, HHS OGC GLD

**Notes:**
They want you the contracting officer to tell them why they didn’t win.
If you can tell them in clear English with solid reasons, that would resolve a lot of issues.
Think back on protests you have had: could you explain why they didn’t win?

## Solicitation

- Read Section L & M
- Check compliance with Part 15
- Can you explain it in English?
- Solicitation is your communication

- Doug Kornreich, HHS OGC GLD

**Notes:**
Do Section L & M make sense?  Do they comply with requirements relating to past performance including shmall business plan compliance?
If it’s a Cost Contract, is there a cost realism analysis?  If it’s fixed price, is there price analysis?
Solicitation is your communication to the vendors – what you want to see, and what you will do
Most important do you understand what it’s saying? 
Can you explain it to me in English.
Communication is key– if everyone knows what is expected and is to be done, there will be fewer protests.

## Evaluation

- Points:  don’t use them.
- If you must, don’t rely on them
- Technical panel:  identify strengths, deficiencies and significant weaknesses
- Can you explain the rankings in English?

- Doug Kornreich, HHS OGC GLD

## Evaluation, cont.

- Cost:  Do appropriate cost realism analysis
- Price: Do price reasonableness
- Past Performance: think

- Doug Kornreich, HHS OGC GLD

**Notes:**
NIH does a lot of cost contracts, very few actually do a cost realism analysis
Communication – explaining the rankings
Documentation – in words, in writing the technical panel’s results and your understanding.

## CommunicationandDocumentation

- Doug Kornreich, HHS OGC GLD

## Award Decision

- Do a tradeoff analysis with reasons
- Even if high tech, low cost
- Verify you complied with Section M
- No such thing as a “no brainer”.
- GAO relies on contemporaneous documentation – especially source selection document.

- Doug Kornreich, HHS OGC GLD

**Notes:**
I’ve had two contracting officers tell me that they’ve had “no brainers” since I’ve been at HHS.  Both have been disasters for the agency.  A no brainer means the contracting officer didn’t even think.

## Debriefing

- Tool to provide communication and documentation to offeror
- Do oral debriefings whenever possible – with a detailed written agenda
- Source Selection Document is your guide

- Doug Kornreich, HHS OGC GLD

**Notes:**
Part 15 has given you a great tool in debriefings, take advantage of them.  
Do preaward debriefings whenever possible – you have to disclose less and starts their clock
Being able to explain your decision to the potential offeror face-to-face will help them believe what you are saying, and you will be able to answer all of their questions.

## How to Avoid and Win Protests

- Do what you said you would do
- Do not rely on points
- Understand the reasons for the decision
- Face-to-face debriefing to explain

- Doug Kornreich, HHS OGC GLD

**Notes:**
Section M compliancebv

## What next?

- Free time
- Dinner
- Contract Story Telling Contest
- Dancing and discussion
- Drinking and darts
- Swimming and massages
- Exercise room and bonfire

- Doug Kornreich, HHS OGC GLD