minimizing protests
DESCRIPTION
How to minimize protests of governmental solicitations.TRANSCRIPT
Minimizing Protests
Kenneth D. Hayslette, CPPO, C.P.M., CPCM
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What is a Protest?
An objection by an
interested party to a solicitation or to the award of a contract from the solicitation.
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!
David Gragan, former President , National Association of State Procurement Officials
“Protests to resolve honest, bona fide grievances are reasonable. Citizens should have a right of redress for any government activity.”
Why Do Offerors Protest?
1. Distrust the process
2. Nothing to lose
3. Cause a re-solicitation
4. Anticipatory5. To ventilate6. To gripe7. Misunderstandings8. Legitimate Challenges
What can YOU do about these?
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2 Types of Protests
Pre-Award – Bad specs
Post-Award – Bad decision
“Most jurisdictions report that 75-90% of the objections [protests] come to naught. That is, the purchasing decision is vindicated; the award stands.”
Use prompt debriefing to attempt to
preventprotests.
What is Debriefing?
“an attempt by the agency to provide unsuccessful offerors with insight as to why their offer was not accepted.”
Rule #1
Be FAIR
Rule #2
Do What You Say You Will
Do!
“sometimes to go fast, you have to go slow” “Gil Grissom, CSI”
Rule #3
EffectivelyCommunicate
Effectively Communicate
RFIPre-bid / Pre-proposal Conferences
Questions
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Rule #4
Follow your own rules
Rule #5
Be Timely
Rule #6
Admit Admit MisteaksMisteaks
Last Rule
Keep your fingers, toes, eyes, etc.
crossed…
“An AGENCY that does a competent and thorough job has little to fear from protests.”
Jack Ziegler
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
WWW.Hayslette.com