This document discusses strategies for minimizing protests in public procurement. It defines what a protest is, explains why protests are allowed to provide checks and balances. Common reasons offerors protest are discussed. The document outlines rules procurement officials should follow, such as being fair, communicating effectively, and admitting mistakes. It emphasizes the importance of following procurement rules and procedures to reduce the likelihood of a successful protest.

1. Minimizing
Protests
Kenneth D. Hayslette, CPPO, C.P.M., CPCM

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2

3. What is a Protest?
An objection by an
interested party to a
solicitation or to the
award of a contract
from the solicitation.
3

4. Why Allow Protests?
Public needs a process to question
procurement activity
Provides checks and balances
Demonstrates integrity of the
procurement process
Administrative process is less costly
and less time-consuming than
litigation!

5. “Protests to resolve
honest, bona fide
grievances are
reasonable. Citizens
should have a right of
redress for any
government activity.”
David Gragan, former President , National
Association of State Procurement Officials

6. Why Do Offerors Protest?
• Distrust the process
• Nothing to lose
• Cause a re-solicitation
• Anticipatory
• To ventilate What can YOU
do about these?
• To gripe
• Misunderstandings
• Legitimate Challenges

9. 2 Types of Protests
Pre-Award – Bad
specs
Post-Award – Bad
decision
9

10. “Most jurisdictions report
that 75-90% of the
objections [protests] come
to naught. That is, the
purchasing decision is
vindicated; the award
stands.”

11. Use prompt
debriefing to
attempt to
prevent
protests.

12. What is Debriefing?
“an attempt by the
agency to provide
unsuccessful
offerors with insight
as to why their offer
was not accepted.”

13. Rule #1
Be
FAIR

14. Rule #2
Do What You
Say You Will
Do!

15. “sometimes to
go fast, you
have to go slow”
“Gil Grissom, CSI”

16. Rule #3
Effectively
Communicate

17. Effectively Communicate
RFI
Pre-bid / Pre-
proposal
Conferences
Questions

18. 18

19. Rule #4
Follow
your own
rules

20. Rule #5
Be
Timely

21. Rule #6
Admit
Misteaks

22. Last Rule
Keep your fingers,
toes, eyes, etc.
crossed…

23. “An AGENCY that
does a competent
and thorough job
has little to fear
from protests.”
Jack Ziegler

24. For More Information or Questions,
please contact me.
Kenneth D. Hayslette
PO Box 4563
DeLand, FL 32721-4563
386.734.8056, cell 386.822.0859
khayslette@hayslette.com
hayslette@bellsouth.net
WWW.Hayslette.com