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TRANSCRIPT
The Only Smart Uses of a Debriefing
Breakout Session #: A06 Terry O’Connor, Esq. Stephanie Wilson, Esq. Berenzweig Leonard, LLP McLean, VA
Date: Monday, July 25
Time: 11:15am–12:30pm
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5 Rules for a Smart Debriefing
1. Make sure you get a “required debriefing” or “brief explanation.”
2. Know the limited information available.
3. Understand the mindsets at a debriefing.
4. Know the odds of information from a debriefing leading to winning the lost contract.
5. Build relationships, not controversies.
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Rule 1: Get a Debriefing
FAR 8.405-2(d): • only if award was based on factors
other than price alone • no details of what is a brief explanation
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Rule 1: Get a Debriefing
FAR 13.106-3(d):
“brief explanation” means “some details” per FAR 15.503(b)(2).
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Rule 1: Get a Debriefing
Simplified Acquisition Procedures “brief explanation”
• # of offerors solicited • # of proposals received • Each awardee’s name and address. • The items, quantities, and any stated
unit prices of each award. • In general terms, the reason(s) the
offeror's proposal was not accepted. FAR 15.503(b)(2)
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Rule 1: Get a Debriefing
• “3-day turn-around” rule • FAR notice starts the clock
• Miss the deadline?
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Rule 1: Get a Debriefing
FAR 15.506(a)(1): An offeror, upon its written request
received by the agency within 3 days after the date on which offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed…
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Rule 1: Get a Debriefing
FAR 15.503(b) Post-award notices. (1) Within 3 days after the date of contract
award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award or had not been previously notified under paragraph (a) of this section.
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Rule 2: Know the Limited Information Available
FAR 15.506(d): AT A MINIMUM, the debriefing SHALL include —
(1) The significant weaknesses or deficiencies in the offeror’s proposal; (2) RATING of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror; (3) RANKING of all offerors;
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Rule 2: Know the Limited Information Available
FAR 15.506(d): AT A MINIMUM, the debriefing SHALL include —
(4) A summary of the rationale for award; (5) The make and model of the commercial item; (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.
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Rule 2: Know the Limited Information Available
GAO: • “The decision not to provide an offeror the
opportunity to ask reasonable questions during the debriefing is not consistent with applicable procurement regulations.” Optimal Solutions & Technologies, B-407467, Jan. 4, 2013.
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Rule 2: Know the Limited Information Available
What you will NOT get: • Point-by-point comparisons to proposals
of other offerors. • Information prohibited from disclosure by
FAR 24.202or exempt from release under FOIA.
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Rule 3: Understand the Mindsets at a Debriefing
The Contracting Officer’s Mindset
• Overworked and underpaid • Risk-averse: protests, personal
liability, releasing protected information
• Ultra-conservative approach • Distrust of contractors?
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Rule 3: Understand the Mindsets at a Debriefing
The Contractor’s Mindset
• Disappointed and concerned • Defending-advocating for its proposal • Impact on income • Distrust of government?
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Rule 4: Know the Odds of Winning the Lost Contract
Debriefing information is critical for determining whether to protest. • Standing to file protest. • Can’t rely on information from
debriefing to win the protest.
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The Only Smart Uses of a Debriefing
BUILDING A BETTER
RELATIONSHIP WITH THE GOVERNMENT FOR FUTURE
BUSINESS
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Rule 5: Build Relationships, Not Controversies
• Being “adversarial” is not effective • Being a “Good Contractor” is effective • Relationship building
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Rule 5: Build Relationships, Not Controversies
How this changes a contractor’s conduct:
• The letter requesting a debriefing • The preparation for the debriefing • Your conduct at the debriefing
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5 Rules for A SMART Debriefing
1. Make sure you get a “required debriefing” or “brief explanation”
2. Know the limited information available
3. Understand the mindsets at a debriefing
4. Know the odds of the information from a debriefing leading to winning the lost contract
5. Build relationships, not controversies
Contact Information
Terry O’Connor Berenzweig Leonard, LLP 8300 Greensboro Drive, Suite 1250 McLean, Virginia 22102 (703) 760-0402 [email protected]
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