bid protest challenging the way governments do business n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Bid Protest: Challenging the way Governments do Business PowerPoint Presentation
Download Presentation
Bid Protest: Challenging the way Governments do Business

Loading in 2 Seconds...

play fullscreen
1 / 15

Bid Protest: Challenging the way Governments do Business - PowerPoint PPT Presentation


  • 473 Views
  • Uploaded on

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

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 'Bid Protest: Challenging the way Governments do Business' - zahur


Download Now 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
agenda
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
what is a bid protest
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
two types of protests
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.
what you need to protest
What you Need to Protest
  • Good Faith Basis
    • SCR 20:3.1
  • Always Start with the Solicitation
getting the records
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…”
getting the records1
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
defending against a protest
Defending Against a Protest
  • Know the Rules
  • Work with the Government
  • Intervene if Permitted and Necessary
standard arbitrary and capricious
StandardArbitrary and Capricious
  • Whether the government:
    • Kept within its jurisdiction
    • Acted according to law
    • Acted arbitrarily or
    • Made a reasonable decision
procedure and timing know where you are
Procedure and TimingKnow Where You Are
  • Pre-proposal/bid or Post Award
  • State or Municipal
  • Administrative Review
  • Court Review
procedure and timing timing is everything
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…
don t forget prn
Don’t Forget PRN
  • PRN Associates LLC v. State, 2009 WI 53
    • Once a contract is signed, a protest is moot.
don t forget wisconsin s new rules
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
outcomes
Outcomes
  • Know your measure of success beforehand.
  • Protests are always uphill battles, but they can be won.