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

khayslette@hayslette.com

hayslette@bellsouth.net

WWW.Hayslette.com