1 / 15

Bid Protest: Challenging the way Governments do Business

Bid Protest: Challenging the way Governments do Business. Kevin M. Long Eric J. Van Schyndle. Agenda. What is a bid protest? Should you protest? What to look for (and ask for) when evaluating your chances on a bid protest What you need in order to Protest Defending against a protest

zahur
Télécharger la présentation

Bid Protest: Challenging the way Governments do Business

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Bid Protest:Challenging the way Governments do Business Kevin M. Long Eric J. Van Schyndle

  2. Agenda • What is a bid protest? • Should you protest? • What to look for (and ask for) when evaluating your chances on a bid protest • What you need in order to Protest • Defending against a protest • Standards to Prevail • Procedure and timing of a protest • Outcomes

  3. What is a Bid Protest? • A challenge to a government’s procurement process. • Providing offerors an opportunity to ensure a fair and objective process • Providing the public with accountability

  4. Should you Protest?GAO Protest Statistics

  5. Two Types of Protests Pre-Award Post-Award Challenging the evaluation and award decision. Common Examples: Deviating from stated evaluation criteria. Relaxing RFP requirements. Unequal discussions Arbitrary evaluations • Challenging the terms of the solicitation • Common Examples: • The solicitation is unduly restrictive/overstates the government's needs. • Ambiguous requirements or terms. • Requirements that unnecessarily favor one offeror.

  6. What you Need to Protest • Good Faith Basis • SCR 20:3.1 • Always Start with the Solicitation

  7. Getting the Records • Procurement Manual • Wisconsin Department of Administration – PRO-D-23 • “The public may inspect RFB records and may copy them after the notice of intent to award is issued…” • “All materials submitted for the RFP process are available for public inspection after the notice of intent to award is issued…”

  8. Getting the Records • Public Records – Wis. Stat. Sec. 19.31 et al. • May require a petition for writ of mandamus • Common Practices • i.e. – DOA

  9. Defending Against a Protest • Know the Rules • Work with the Government • Intervene if Permitted and Necessary

  10. StandardArbitrary and Capricious • Whether the government: • Kept within its jurisdiction • Acted according to law • Acted arbitrarily or • Made a reasonable decision

  11. Procedure and TimingKnow Where You Are • Pre-proposal/bid or Post Award • State or Municipal • Administrative Review • Court Review

  12. Procedure and TimingTiming is Everything • Deadlines typically jurisdictional • Very common way to dismiss a protest • Courts typically will not revive a blown deadline • And PRN…

  13. Don’t Forget PRN • PRN Associates LLC v. State, 2009 WI 53 • Once a contract is signed, a protest is moot.

  14. Don’t Forget Wisconsin’s New Rules • Single-Prime Contracting • Sub-contract protests will likely need to be filed within 48 hours of bid opening on projects valued in excess of $185,000. • http://www.doa.state.wi.us/Default.aspx?Page=33519fba-e062-4a0a-8903-67406dbed1ef

  15. Outcomes • Know your measure of success beforehand. • Protests are always uphill battles, but they can be won.

More Related