The document provides information on debriefings and protests for government contracts. It discusses the types of protests that can be filed, including bid protests, size protests, and status protests. It also outlines the key aspects of pre-award and post-award debriefings, including the minimum information that must be provided, such as evaluation scores and the overall ranking of offerors. Sample questions for debriefings are also presented to help contractors learn how to improve future proposals and determine if a valid protest exists.
Genetically Modified Seed Contamination: A Review of Cases of Contamination, Illegal Planting and Negative Side Effects of Genetically Modified Organisms
Seed Certification, History and Procedure.NSStudents
The Presentation is prepared by the N.S Institution of science, Markapur.
It consists of a basic introduction related to seed Certification, History, Procedure.
Genetically Modified Seed Contamination: A Review of Cases of Contamination, Illegal Planting and Negative Side Effects of Genetically Modified Organisms
Seed Certification, History and Procedure.NSStudents
The Presentation is prepared by the N.S Institution of science, Markapur.
It consists of a basic introduction related to seed Certification, History, Procedure.
Achievements on pulses & oilseed research in BRAC have been described. #suggested link of my you tube video on mung bean: https://www.youtube.com/watch?v=7iEszjkUab4&t=8s and the link of lentil cultivation: https://www.youtube.com/watch?v=s3DfknzVx_c #also the link of sesame cultivation: https://www.youtube.com/watch?v=BAFjWsPetK8&t=79s
Integrated Plant Nutrient Supply (IPNS) is a comprehensive and environmentally sustainable approach to managing plant nutrients in agriculture. It seeks to optimize crop production by carefully integrating various sources of nutrients while minimizing adverse environmental impacts. IPNS takes into account the dynamic interactions between soil, plants, and nutrients, aiming to enhance nutrient use efficiency and reduce the risk of nutrient losses that can harm ecosystems and water quality. In practice, IPNS involves several key principles and strategies. Firstly, it emphasizes the importance of soil health and fertility management through practices like crop rotation, cover cropping, and organic matter addition. These practices improve soil structure and microbial activity, enhancing nutrient availability to plants. Secondly, IPNS advocates for the use of a variety of nutrient sources, including organic materials like compost and manure, mineral fertilizers, and biofertilizers. This diversity ensures that plants receive a balanced diet of essential nutrients tailored to their growth stages, reducing the risk of nutrient imbalances and deficiencies. Furthermore, IPNS encourages the precise timing and placement of nutrients to match the crop's needs throughout its growth cycle. By avoiding over-application and minimizing nutrient losses through practices like drip irrigation or controlled-release fertilizers, IPNS promotes both economic benefits for farmers and reduced environmental impacts. Moreover, it factors in local agro-ecological conditions, acknowledging that nutrient management should be context-specific, considering factors such as climate, soil type, and crop variety. In summary, Integrated Plant Nutrient Supply is a holistic and sustainable approach to nutrient management in agriculture that prioritizes both crop productivity and environmental stewardship. By integrating various nutrient sources, optimizing nutrient use efficiency, and considering local conditions, IPNS seeks to ensure long-term soil fertility, reduce nutrient pollution, and enhance the resilience and sustainability of agricultural systems.
India seed market report 2020 |India Hybrid Seeds Market|Vegetable Hybrid S...Ken Research Pvt ltd.
India Seed Market Outlook to FY’2020 – Rapid Hybridization and Increased Government Support to Foster Future Growth" provides a comprehensive analysis of the seeds market in India including market size, segmentation on the basis of hybrid and non-hybrid seeds, vegetable and non-vegetable seeds industry structure and regional and national players. The report also covers market in different aspects such as market size, segmentation of market on the basis of farm save and commercial seeds, import and export of seeds in the market.
wheat diseases
wheat diseases control
Identification of wheat diseases
scab (head blight) of wheat,wheat scab control
foliar and head diseases of wheat, powdery mildew on wheat
Stripe Rust, foliar disease control in wheat
Take-All Disease Control of wheat
Barley Yellow Dwarf Virus of wheat
BYDV CONTROL IN WHEAT
Control of WSMV
Seed Treatments for Disease Control in Wheat
All diseases of wheat
summary of wheat disease control
Seed Treatments for Disease Control in Wheat
WHAT IS CONTRACT FARMING?
Contract farming can be defined as agricultural production carried out according to an agreement between a buyer and farmers which establishes conditions for the production and marketing of a farm product or products. Typically, the farmer agrees to provide agreed quantities of a specific agricultural products.
Theory and practice of contract farming
A central processing or exporting unit purchases the harvests of independent farmers.
Most commonly practiced by food processing companies.
Achievements on pulses & oilseed research in BRAC have been described. #suggested link of my you tube video on mung bean: https://www.youtube.com/watch?v=7iEszjkUab4&t=8s and the link of lentil cultivation: https://www.youtube.com/watch?v=s3DfknzVx_c #also the link of sesame cultivation: https://www.youtube.com/watch?v=BAFjWsPetK8&t=79s
Integrated Plant Nutrient Supply (IPNS) is a comprehensive and environmentally sustainable approach to managing plant nutrients in agriculture. It seeks to optimize crop production by carefully integrating various sources of nutrients while minimizing adverse environmental impacts. IPNS takes into account the dynamic interactions between soil, plants, and nutrients, aiming to enhance nutrient use efficiency and reduce the risk of nutrient losses that can harm ecosystems and water quality. In practice, IPNS involves several key principles and strategies. Firstly, it emphasizes the importance of soil health and fertility management through practices like crop rotation, cover cropping, and organic matter addition. These practices improve soil structure and microbial activity, enhancing nutrient availability to plants. Secondly, IPNS advocates for the use of a variety of nutrient sources, including organic materials like compost and manure, mineral fertilizers, and biofertilizers. This diversity ensures that plants receive a balanced diet of essential nutrients tailored to their growth stages, reducing the risk of nutrient imbalances and deficiencies. Furthermore, IPNS encourages the precise timing and placement of nutrients to match the crop's needs throughout its growth cycle. By avoiding over-application and minimizing nutrient losses through practices like drip irrigation or controlled-release fertilizers, IPNS promotes both economic benefits for farmers and reduced environmental impacts. Moreover, it factors in local agro-ecological conditions, acknowledging that nutrient management should be context-specific, considering factors such as climate, soil type, and crop variety. In summary, Integrated Plant Nutrient Supply is a holistic and sustainable approach to nutrient management in agriculture that prioritizes both crop productivity and environmental stewardship. By integrating various nutrient sources, optimizing nutrient use efficiency, and considering local conditions, IPNS seeks to ensure long-term soil fertility, reduce nutrient pollution, and enhance the resilience and sustainability of agricultural systems.
India seed market report 2020 |India Hybrid Seeds Market|Vegetable Hybrid S...Ken Research Pvt ltd.
India Seed Market Outlook to FY’2020 – Rapid Hybridization and Increased Government Support to Foster Future Growth" provides a comprehensive analysis of the seeds market in India including market size, segmentation on the basis of hybrid and non-hybrid seeds, vegetable and non-vegetable seeds industry structure and regional and national players. The report also covers market in different aspects such as market size, segmentation of market on the basis of farm save and commercial seeds, import and export of seeds in the market.
wheat diseases
wheat diseases control
Identification of wheat diseases
scab (head blight) of wheat,wheat scab control
foliar and head diseases of wheat, powdery mildew on wheat
Stripe Rust, foliar disease control in wheat
Take-All Disease Control of wheat
Barley Yellow Dwarf Virus of wheat
BYDV CONTROL IN WHEAT
Control of WSMV
Seed Treatments for Disease Control in Wheat
All diseases of wheat
summary of wheat disease control
Seed Treatments for Disease Control in Wheat
WHAT IS CONTRACT FARMING?
Contract farming can be defined as agricultural production carried out according to an agreement between a buyer and farmers which establishes conditions for the production and marketing of a farm product or products. Typically, the farmer agrees to provide agreed quantities of a specific agricultural products.
Theory and practice of contract farming
A central processing or exporting unit purchases the harvests of independent farmers.
Most commonly practiced by food processing companies.
Learn The Difference Between Winning a Contract or Walking Away Empty-Handed!
There are two types of government contractors: those that have been a party to a bid protest and those that will soon find themselves involved in a protest.
As federal budgets continue to shrink, the competition between contractors' increases and the number of bid protests will rise.
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/sCsUbUeXdPM
Government Construction Contracting, Part I: Procurement, Protests,and Debar...Stites & Harbison
Stites & Harbison, PLLC attorney Mark W. Leach explains procurement, protests and debarment as they relate to government construction contracting.
For more information, please contact Mark Leah at mleach@stites.com, or visit our website at www.stites.com
Procurement & Government Contracting Compliance (Series: Corporate & Regulato...Financial Poise
The volume and complexity of transactions related to procurement are some of the reasons that transactions with the government are most vulnerable to corruption. State and federal regulatory compliance can be tough to navigate and the process can make even routine sales and marketing practices vulnerable to civil and criminal liability. This webinar analyzes the regulatory framework, including identification of some of the legal risks in solicitations, pre- and post-award bid protests, contract compliance, change orders, and contract claims and disputes. The webinar also discusses defense strategies of a company that is accused of fraud or civil non-compliance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/procurement-government-contracting-compliance-2020/
Jeff Sneddon has attended every GRO-Biz conference. He is a wealth of knowledge when it comes to government contracting! Learn the basics on government contracting.
FED GOV CON - Strategies for Success in Government ContractingJSchaus & Associates
This half day seminar held SEPT 19th 2014 in Pittsburgh with LEECHTISHMAN Law Firm, Aaron Grau & Associates and Jennifer Schaus & Asociates (of Washington DC) brings together top experts to share knowledge about government contracting.
More info at http://www.JenniferSchaus.com or 202-365-0598
Bid & Protest: What to do before you run to your lawyer?Proposal Helper
Protests have become the competitive weapons as more and more companies enter the GovCon scene. When you receive an “Unsuccessful Offeror” letter and you have processed your emotions, it’s time to think straight and get to work. Before you run to your legal counsel to file a protest, there are several things you can do to be prepared.
Many ways to support street children.pptxSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
ZGB - The Role of Generative AI in Government transformation.pdfSaeed Al Dhaheri
This keynote was presented during the the 7th edition of the UAE Hackathon 2024. It highlights the role of AI and Generative AI in addressing government transformation to achieve zero government bureaucracy
Canadian Immigration Tracker March 2024 - Key SlidesAndrew Griffith
Highlights
Permanent Residents decrease along with percentage of TR2PR decline to 52 percent of all Permanent Residents.
March asylum claim data not issued as of May 27 (unusually late). Irregular arrivals remain very small.
Study permit applications experiencing sharp decrease as a result of announced caps over 50 percent compared to February.
Citizenship numbers remain stable.
Slide 3 has the overall numbers and change.
Russian anarchist and anti-war movement in the third year of full-scale warAntti Rautiainen
Anarchist group ANA Regensburg hosted my online-presentation on 16th of May 2024, in which I discussed tactics of anti-war activism in Russia, and reasons why the anti-war movement has not been able to make an impact to change the course of events yet. Cases of anarchists repressed for anti-war activities are presented, as well as strategies of support for political prisoners, and modest successes in supporting their struggles.
Thumbnail picture is by MediaZona, you may read their report on anti-war arson attacks in Russia here: https://en.zona.media/article/2022/10/13/burn-map
Links:
Autonomous Action
http://Avtonom.org
Anarchist Black Cross Moscow
http://Avtonom.org/abc
Solidarity Zone
https://t.me/solidarity_zone
Memorial
https://memopzk.org/, https://t.me/pzk_memorial
OVD-Info
https://en.ovdinfo.org/antiwar-ovd-info-guide
RosUznik
https://rosuznik.org/
Uznik Online
http://uznikonline.tilda.ws/
Russian Reader
https://therussianreader.com/
ABC Irkutsk
https://abc38.noblogs.org/
Send mail to prisoners from abroad:
http://Prisonmail.online
YouTube: https://youtu.be/c5nSOdU48O8
Spotify: https://podcasters.spotify.com/pod/show/libertarianlifecoach/episodes/Russian-anarchist-and-anti-war-movement-in-the-third-year-of-full-scale-war-e2k8ai4
Understanding the Challenges of Street ChildrenSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
4. Types of Protests
Bid Protest:
• Another contractor’s challenge of the procedures or process
used during the bidding, source selection, evaluation and
contract award process. Relates to a particular contract.
Size Protest:
• Another contractor’s challenge concerning the size of a small
business in relation to a specific contract (can sometimes lead
to Size Determination).
Status Protest:
• Another contractor’s challenge concerning the status of a small
business in relation to a specific contract (can lead
Status/Eligibility Investigation).
4
5. What Law Governs the Bidding and Award
Process?
The Federal Acquisition Regulation (“FAR”) was established
for the codification and publication of uniform policies and
procedures for acquisition by all executive agencies
Supplemental Agency Regulations, such as…
• Defense Federal Acquisition Regulation Supplement (DFARS)
• Army Federal Acquisition Regulation Supplement (AFARS)
• Engineer Federal Acquisition Regulation Supplement (EFARS)
SBA / VA Small Business Program Regulations
5
6. How Does the Bidding and Award Process
Work?
Key Considerations:
• What Agency?
• What type of Contract? Set-aside? IDIQ Task
Order?
• What type of procurement?
6
7. Protests in Context:
The Procurement Process
• Solicitation → Pre-Award Protests based on errors in the
solicitation
• Source Selection
– Did Source Selection involve Competitive Range? Pre-award
notices of exclusion from competitive range → Pre-Award
Debriefings & Protests based on exclusion from
Competitive Range
– Was the Procurement at Issue a Small Business Set Aside?
Notice of Proposed Award → Small Business Size or Status
Protests
• Notice of Award → Post-Award Debriefings Protests
• (… Protest Litigation process)
7
8. Bid Protests: Why Protest?
Pre-Award Solicitation Issues
8
Common Pre-Award Solicitation Protest Issues:
• Patent Error/Unclear or Ambiguous (“Bid it as you
see it”)
• Improper Exclusion of Required Provisions/Inclusion
of Inapplicable Provisions
• Unduly Restrictive (CICA violation)
• Unreasonable Evaluation Method(s)
What about Non-Solicitation Based Pre-Award Issues?
9. Bid Protests:
Pre-Award Exclusion Notices
9
Pre-Award Notice [FAR 15.503(a)(1)]:
Pre-award notices of exclusion from competitive range
• The contracting officer shall notify offerors promptly
in writing when their proposals are excluded from
the competitive range or otherwise eliminated from
the competition. The notice shall state the basis for
the determination and that a proposal revision will
not be considered.
Debriefing must be requested, in writing, within 3 days
of receipt
10. Bid Protests:
Post-Award Exclusion Notices
10
Post-Award Notice [FAR 15.503(b)(1)]:
Post-award notices of award to other offeror
• Within 3 days after the date of award, the contracting officer
shall notify unsuccessful offerors of such award and the notice
must state
– The number of offerors solicited;
– The number of proposals received;
– The name and address of each offeror receiving an award;
– The items, quantities, and any stated unit prices of each award;
and
– In general terms, the reason(s) the offeror’s proposal was not
accepted.
Debriefing must be requested, in writing, within 3 days of receipt
12. Background - Debriefing Basics
Why?
• Learn more about the circumstances of the award
• Garner lessons learned to improve process/materials for future proposals
• Determine if a protest is warranted or clear up any possible misunderstandings
When?
• Formal debriefing rules in FAR 15.505/15.506 specify timing and content of
debriefings
• Offeror must request a debrief within 3 days after receipt of the notice of
exclusion from competition (request oral debrief/discussions if written materials
were provided)
• Debriefings affect timing for filing bid protests and obtaining GAO’s “automatic
stay” of contract award and performance
What?
• Debriefing rules apply only to FAR Part 15 negotiated procurements; other
types of competitive procedures require only limited disclosure of evaluation
information, as noted in FAR 8.405-2(d)
12
13. Debriefing from the Government Perspective
• The Government is required to provide debriefings, but many (not all) view
them as an unpleasant task
– Disappointed offerors are loading up for protests; debriefings can be contentious
– Legal Department is watching over contracting team to ensure they do not say or
do anything that could cause issues
– The goal is to help contractors learn so they may do better next time
• To limit potential protests, Government will clearly explain that proposal was
evaluated fairly in accordance with solicitation evaluation process/criteria, and
that all rules were followed
• Experienced Contracting Officers (COs/KOs)
– More comfortable in this setting and, thus, will be more open in their
communications
– Understand that, the more informative the debriefing, the better the likelihood that a
contractor will provide a competitive proposal next time around, will compete for
other opportunities from that Government organization, and will improve the value
they bring to that Government organization
13
14. Debriefing from the Government Perspective
• Less-experienced COs/KOs will be very perfunctory in their communications
and cautious to not say anything they are not allowed
• All COs/KOs are leery of upset, disappointed, and potentially combative
contractors
• Better Bid = Lower Protest Risk: First Goal of a KO
– They expect tough, pointed, and probing questions to unearth whether the
Government made errors in source selection
– They will quite often start the meeting with their guard up in case the disappointed
company has come to argue
– The lower their guard, the better depth and quality of information you are likely to
receive
– They try to show they did it correctly to avoid any ‘gotchas’
– They may be defensive at suggestions they have made mistakes
14
15. Information Prohibited by FAR 24.202 or
Exempt Under FOIA 5 U.S.C. 552
• Trade secrets
• Information classified as secret in the interest of national defense or foreign
policy
• Information related solely to the internal personnel rules and practices of an
agency
• Commercial and financial information stated or deemed privileged or
confidential-- cost breakdown structures
• Personnel and medical information that would constitute a clearly unwarranted
invasion of personal privacy when disclosed
• Privileged or confidential manufacturing processes and techniques
• Commercial and financial information that is privileged or confidential, including
cost breakdowns, profit, indirect cost rates, and similar information
• Names of individuals providing reference information about an offeror’s past
performance
15
16. Pre-Award Debriefing [FAR 15.505(e)]
At a minimum, the pre-award debriefings must include:
• The agency’s evaluation of significant elements in the
offeror’s proposal;
• A summary of the rationale for why the offeror was not
selected for an award; and,
• Reasonable responses to relevant questions about
whether source selection procedures contained in the
solicitation, applicable regulations, and other applicable
authorities were followed in the process of eliminating the
offeror from the competition.
16
17. Post-Award Debriefing [FAR 15.506(d)]
At a minimum, the post-award debriefing must include:
• The Government’s evaluation of the significant weaknesses or
deficiencies in the offeror’s proposal
• The overall evaluated cost or price (including unit prices) and technical
rating of the successful offeror and the debriefed offeror, and past
performance information on the debriefed offeror
• The overall ranking of all offerors, when any ranking was developed
by the Agency during the source selection
• A summary of the rationale for award
• For acquisitions of commercial items, the make and model of the item
to be delivered by the successful offeror
• Reasonable responses to relevant questions about whether source
selection procedures contained in the solicitation were followed
17
18. Strategies for Successful Debrief
• Request a formal oral or written debrief
– Agencies are trending to written debriefings in lieu of in-person debriefings
– Ask follow-up questions to written debriefs
– Accept the earliest available date for a debrief; protest and stay deadlines are
triggered from the date of a written debrief, as the contractor must file its
protest within 10 calendar days of award, or within five days of the first date
offered for the debrief, whichever is later
• Ensure receipt of debrief materials before the debrief session
• Formulate questions in advance, and prepare
• Make a strategic decision about attendees
• Make sure to follow professional debriefing etiquette
– Start and end with thank you’s
– Keep the tone cordial, light, and as conversationally informal as possible
• Listen for – and take note of – inconsistencies from the Government for
use in any potential protest, but do not address them during the debrief
18
19. General Debrief Questions
• Who won?
• How many bids were received?
• What was your overall score (e.g ., numerical, adjectival, color, and
other ratings in accordance with solicitation Section M)?
• Was your score closer to the top or the bottom?
• What was the winner's score?
• Did the winner have a higher score on the technical evaluation
factors?
• Can we get a copy of the debriefing slides/documents?
• Can we get a list of Government attendee names and job titles?
19
20. Winning Proposal Debrief Questions
• What were our major strengths and weaknesses?
• Why was the proposal the winning bid?
• What did you like/dislike about our Executive Summary?
• Where could we improve to score higher?
• Was our document visually appealing? How can we improve readability?
• What is your reaction to our thematic call-out boxes?
• Did you find our document easy to score? How can we improve to make it
easier to score?
• Did it matter that we chose not to use all allotted pages when responding?
• Given the page limitations, did we address the SOW/PWS in sufficient
detail?
• Did our resume/past performance format work for the evaluators?
20
21. Debrief Questions if the Incumbent Won
• Did the incumbent score higher on the technical evaluation
factors?
• Did the incumbent score higher on experience or past
performance?
• Would a more clear statement that we would retain
incumbent staff have improved our score?
• Did the Government evaluate transition?
• Regarding Past Performance, did the incumbent contract
give them an unfairly elevated score on the rest of the
volume, or do they have other similar references?
21
22. Cost/Price Debriefing Questions
• Did you score higher or lower than the winner on technical factors?
• Did you lose because your higher score on technical drove up the cost?
• Was the transition evaluated for cost? If so, was the incumbent credited for a zero
cost transition?
• If your price had been the same as the winner, would your proposal have
represented the best value?
• Did you scope the level of effort (number of people/hours) appropriately?
• Was the skill level of your proposed staffing too high?
• Did the winner propose more or less staff/hours? By how much?
• Did the Government conduct a price realism or price reasonableness assessment?
If not, why not. If so, did the our offer or the winning offer have any issues with
realism/reasonableness?
• Did the Government perform any should-cost adjustments to either our proposal or
the winning proposal? If so, what was the impact of that adjustment?
22
23. You’ve Had Your Debriefing…
Now What?
The Who, What, When, Where, and Why
of Bid Protests
23
24. Bid Protests:
Why Protest?
24
Common Post-Award Protest Issues:
• Evaluation Issues
– Agency error in applying evaluation criteria
– Agency misinterpretation of proposal
– Conclusions with no rational basis in the record
– Disparate Treatment
– Flaws in “Trade-Off” Process
– Price issues ? (Realism? Reasonableness?)
• Inadequate, Misleading or “Uneven” discussions with Offerors
• Insufficient Documentation
25. Bid Protests:
Should You Protest?
25
Key Considerations:
• Cost
• Likelihood of Success
– Not all protests are created equal
– Discretion v. Clear Error
• Practical Concerns: How might this affect
relationship with the client/agency?
26. Bid Protests:
Who Can Protest?
26
“Interested Party” / Standing:
• Under the Tucker Act, an “interested party” is “an actual
or prospective bidder or offeror whose direct economic
interest would be affected by award of contract or by
failure to award contract”
– Were you next in line?
– Was the evaluation so flawed as to allow someone other
than the next in line to protest?
– Were you / should you have been eligible to compete?
– Seems like an easy issue, but can get very complicated
27. Bid Protests:
Where Can You File Your Protest?
27
Three Main Options for Straight Bid Protests:
• Contracting Officer (Agency)
• U.S. Government Accountability Office (“GAO”)
• U.S. Court of Federal Claims (“COFC”)
28. Bid Protests:
What Do You Need to Include In Your Protest?
28
Filing requirements regarding format depend on protest
forum:
• Agency, GAO: usually a letter is sufficient
• COFC - Formal (verified) complaint. And, if seeking a stay,
injunctive relief packet (PI, TRO, MOL, Affidavits, etc.)
Specificity is key!
• Specific allegations regarding what, exactly, you allege was a
procurement error
• You need more than speculation (admittedly tough balance
when all you have is the debriefing…)
29. Bid Protests:
When Do You Need to File Your Protest?
29
• Deadlines Vary Depending on Protest Forum and Type
of Protest – Remember the Protest Process
• “Know or Should Have Known” Standard
• Do you want a “Stay”?
• Bid Protest Timelines are complicated and nuanced and
firm and strict -- You will NOT be granted ANY leeway if
you are late!
Best practice advice? Call an expert as soon as you
receive the applicable notice!
31. Contact Information
Tan V. Wilson, PMP
President
tanwilson@entellectllc.com
703.489.947
www.entellectllc.com
www.linkedin.com/in/tanwilsonpmp
@TVWilson
31
Maria L. Panichelli, Esquire
Partner
mpanichelli@cohenseglias.com
215.564.1700
www.cohenseglias.com
www.linkedin.com/in/mariapanichelli
@MariaPanichelli