improving source selection and reducing protests in an age of austerity n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Improving Source Selection and Reducing Protests in an Age of Austerity PowerPoint Presentation
Download Presentation
Improving Source Selection and Reducing Protests in an Age of Austerity

Loading in 2 Seconds...

play fullscreen
1 / 24

Improving Source Selection and Reducing Protests in an Age of Austerity - PowerPoint PPT Presentation


  • 133 Views
  • Uploaded on

Improving Source Selection and Reducing Protests in an Age of Austerity. Professor Steven Maser Atkinson Graduate School of Management Willamette University Salem, OR 97301. Fundamentals of the Source Selection Process. Fundamentals of the GAO bid protest process.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Improving Source Selection and Reducing Protests in an Age of Austerity' - indiya


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.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
improving source selection and reducing protests in an age of austerity

Improving Source Selection and Reducing Protests in an Age of Austerity

Professor Steven Maser

Atkinson Graduate School of Management

Willamette University

Salem, OR 97301

rules governing contracting
Rules Governing Contracting
  • FAR and DFARS
  • Bid Protest Mechanism
      • Alternative dispute resolution
      • ‘Fire-alarm’ for violating rules
contracting in the shadow of bid protests
Contracting in the Shadow of Bid Protests
  • Incentivizes agencies to design and operate source selection processes that are:
    • Transparent in terms of compliance
    • Effective in terms of achieving agency mission
    • Fair in terms of access to contracting opportunities
nine findings and recommendations
Nine findings and recommendations
  • Sources of information
  • 30+ interviews
  • Statistical analysis of bid protest decisions at GAO and COFC 2001-2009
  • Government contracts data:

FEDMINE.US (www.fedmine.us)

FPDS (www.fpds.gov)

FedBizOpps (www.fbo.gov)

slide7
One
  • Finding
  • Risk, including risk of a bid protest, is inherent in selecting a source
  • Recommendation
  • Institutionalize risk management in source selections sources
slide8
Two
  • Finding
  • Agencies do not provide sufficient information to vendors
  • Recommendation
  • Increase agency transparency by documenting and disclosing
three
Three
  • Finding
  • Agency practices can be perceived as biased
  • ed
  • Recommendation
  • Mitigate perceptions of bias with clear,justifiable, documented procedures
slide10
Four
  • Finding
  • Smaller companies generate most of the protests and larger companies protest more strategically
  • Recommendation
  • Hold vendors accountable for their protest decisions protest decisions
slide14
Five
  • Finding
  • More complex source selections generate more protests
  • Recommendation
  • Simplify requirements
slide15
Six
  • Finding
  • Training for the source selection workforce is not adequate
  • Recommendation
  • Invest in training the source selection workforce
seven
Seven
  • Finding
  • Government human resource management systems do not always reinforce workforce motivation
  • Recommendation
  • Create incentives to excel on source selections
eight
Eight
  • Finding
  • An agency’s decision-making structure can create conditions conducive to bid protests
  • Recommendation
  • Align decision-making authority with agency strategy and information
slide18
Nine
  • Finding
  • Monitoring the success of source selections can be misguided and time-consuming
  • Recommendation
  • Agencies should monitor more, monitor smarter
achieving strategic objectives in contracting
Achieving strategic objectives in contracting
  • Ensure that program, contract, and functional (e.g., IT, CFO, HR etc) staff agree on the strategic goals to be achieved in the procurement—before writing a word
  • Consult with industry (extent determined by available time) on how best to achieve that goal—both substantively and what contracting strategy to use
  • Write RFP to require offerors to indicate alignment between proposed solution and strategic goals—how will their approach achieve the specific ends sought, with line of sight
  • Set clear performance goals (see finding 7)
achieving strategic objectives in contracting continued
Achieving strategic objectives in contracting (continued)
  • Base selection criteria more than minimally on how well this alignment is demonstrated
  • Align decision-making process to ensure program input into reviews (finding 9)
  • Train contract staff in program outcomes for the topic at issue, not just how to do a good contract (finding 6)
  • Make a concerted effort to strip RFPs of all non-useful process, and allow incorporation by reference for documentation that has already been submitted—so that offerors spend time on the proposed strategic solution, not process
recent developments and trends
Recent developments and trends
  • Number of Docketed Protests up 2% in FY 11 over FY 10; FY 10 up 16% over FY09 
  • Congressional Expansion of GAO Protest Jurisdiction
    • Task Orders Under ID/IQ Contracts (147 protests in FY 11; 6% of total)
    • Competitive Sourcing/A-76 (zero in FY 11 because of moratorium) 
  • "2012 Hot" Protest Topics
    • Conflicts of Interest
    • "Best Value" analyses
    • Agency Not Following Evaluation Factors
    • Down-select/exclusion of offerors
  • Protest Sustain Rates Lowest (16%) in 5 years
    • Based on protestor obtaining some form of agency relief  
  • Corrective Actions Dismissals Up
  • Corrective Action challenges also up
future potential issues
Future Potential Issues
  • DoD Legislative Initiative to Align GAO and COFC jurisdictions
  • Growth In Lowest Price Technically Acceptable (LPTA) evaluations and awards
    • What impact is it having on source selection mechanics and protests?
    • What other source selection techniques are being used?
  • Can government in-sourcing actions be protested?
  • Will sequestration (if it happens) change the protest landscape?
  • What will be the 2013 "hot" protest topics?
resources
Resources
  • ABA Section of Public Contract Law (2012), Services Contracting Best Practices: A guide to successful services contracting.
  • Bid Protest Statistics FY07-11: www.gao.gov/assets/590/586259.pdf
  • Melissa Copeland (2011) Guide to State Procurement
  • Kate M. Manuel and Moshe Schwartz Congressional Research Service (6/30/11) GAO Bid Protests: An Overview of Time Frames and Procedureswww.fas.org/sgp/crs/misc/R40228.pdf
  • Steven Maser, The Bid Protest Process at GAO: Six Conundrumshttp://govcon.net/bid-protest-process-gao-six-conundrums/
  • Steven Maser (2012) Improving Government Contracting IBM Center for the Business of Government http://www.businessofgovernment.org/report/improving-government-contracting-lessons-bid-protests-department-defense-source-selections
questions
Questions?
  • Steven M. Maser, Professor of Public Management and Public Policy, Atkinson Graduate School of Management, Willamette University, smaser@willamette.edu
  • Thanks to:
  • Dan Chenok, Executive Director, IBM Center for the Business of Government chenokd@us.ibm.com
  • Alan Chvotkin, Executive Vice-President and Counsel, Professional Services Council chvotkin@pscouncil.org