If you have responded to a FAR Part 15 RFP or to a FAR part 16 Task Order or Delivery Order RFP, you are entitled to a debrief. You should make the most of the opportunity.
If you have responded to a FAR Part 12 Commercial Items solicitation or to a FAR Part 8 GSA Schedule Task or Delivery Order RFP or RFQ, you are not entitled to a debriefing, you are only entitled to a “brief explanation” of the reasons for the decision. You may not receive as thorough of an explanation for the award decision, but you should nevertheless use this same guidelines to make the most of that explanation as well.
Asking for a Debrief
You must ask for a debrief within three days of when you receive your notice that either you have not been selected for award, of you’ve been down-selected in an initial or multi-round selection process.
Always ask for a debrief. There is almost always no downside to ask for a debrief. The only time you may not want to ask for a debrief is if you have already decided to file a bid protest, and you’re concerned that the Agency will drag their feet (sometimes for weeks or months) on giving the debrief, leaving you unable to file you protest; since once you’ve asked for a debrief you are not allowed to protest until the debrief is completed.
Preparing for Your Debriefing
If your debriefing will take place in person or via telephone, you can prepare in advance to get the best information out of the time you have.
Think about what you want to accomplish. There are two simple questions you should aim to have answered by the time you finish:
- Why did you lose the bid?
- Why does the government say you lost the bid?
Sometimes, these answers will be the same. Other times, the requesting agency will have a favored contractor, and the government may simply say that your proposal was not as good as the winner’s. An in-person or telephone debriefing can be used to determine whether or not you have grounds to protest the award.
Once you’ve given some thought to the outcome, prepare questions that will help you walk away with the information you’re after. Your questions should be directed to the specific issues identified in the award notice. In some cases, you may choose to include members of your technical team or legal counsel in the debriefing in order to address critical concerns. Be aware of the following considerations:
- Don’t allow technical people to get mired in minutiae, and detract from your overall purpose. Make sure that anyone who attends the debriefing understands that a high-level discussion is in order.
- Bringing your attorney has the potential to help you get accurate answers from the contracting officer and translate his or her statements into layman’s terms. However, having a lawyer present may also cause the contracting officer to clam up for fear of saying anything that might lead to a bid protest. Weigh your options.
Setting the Tone & Gathering Information
As with any business meeting, a professional tone is required. You aren’t there to convince the contracting officer to award you the contract. Be mindful of your ability to work with the contracting officer and the agency he or she represents in the future. Be firm in your request for information, but maintain a positive working relationship at the same time.
Another thing to keep in mind is how to cut through the buzzwords to ensure that you leave with the information you need. Don’t use industry-speak, and challenge any buzzwords the contracting officer is using to explain why you lost the contract. Phrases like “best value” and similar terms are non-specific and therefore, unhelpful. Acronyms, too, can be a source of confusion. Demand clear, specific language.
Concluding Your Debriefing
At the end of the meeting, you should have some sense of whether or not a bid protest is in order. If it is, start your clock and get to work; bid protests are highly time-sensitive, and in most cases, you have no more than 10 days to protest, which is effectively five days if you want a CICA stay.
If you decide that a protest isn’t warranted, take the information you received at the debriefing and apply it to future RFPs. What that looks like will depend on your business and what you discover at the debriefing, but in all cases, the information will make you more competitive in the future. Remember, usable knowledge is the ultimate goal of any debriefing.
Do you need assistance preparing for a debriefing or working with the federal government in another capacity? Our experienced team can provide a legal consultation for your business. Contact us today to discuss your needs!