CCS Recommends the Following Books:

Contract Terminations, Management Concepts 2007
Government Contract Law Basics, Management Concepts 2007

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How do I find out why I lost a procurement opportunity?

CCS offers the following from our Problem Solving Staff:

In most competitive procurements agencies are required to provide notice to all of the unsuccessful offerors either at the time they are eliminated from the competition or upon award to a successful offeror. Arising from that notice is the right to request a “debriefing.” A debriefing is an opportunity to meet with the contracting officer and receive an explanation of why your offer was eliminated or where your proposal was rated less satisfactory or more expensive than the winning offeror’s proposal.

According to FAR 15.505 preaward debriefings should contain:
1.The agency’s evaluation of significant elements in the offeror’s proposal;
2.A summary of the rationale for eliminating the offeror from the competition; and
3.Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from the competition.

Postaward debriefings should include:
1.The Government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal;
2.The overall evaluated cost or price and technical rating of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror;
3.The overall ranking of all offerors;
4.A summary of the rationale for award;
5.For commercial items the make and model of the item to be provided by the successful offeror; and
6.Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.

More importantly, FAR is very specific on what “shall” not be included in a debriefing. These items include point-by-point comparisons, and information protected under the Freedom of Information Act (FOIA) such as trade secrets, commercial and financial information, and the names of individuals who provided past performance information on the offeror.

Still, effective use of debriefings is an excellent way to learn what a particular contracting office is seeking and greatly improve your chances on the next offer. Clients are encouraged to request debriefings on every lost opportunity. But remember – you have to act quickly. The timelines allow only three days to make your request once you hear of the agency’s decision. And the debriefing is the most common time to obtain information to determine if a protest is appropriate.

CCS can help you request and prepare for a debriefing. These are excellent opportunities to gather marketing information about your target clients and improve your chances for success next time.

NOTE: CCS is not authorized to practice law or accounting. This information should not be relied on in any particular facts you may have without checking with a properly licensed professional.

Unique Sales Opportunity of the Quarter
The Department of Homeland Security has issued its new procurement regulations. They contain stringent conflict of interest provisions that flow down to any subcontractor that has 20% or more of the work. Check them out at 48 CFR parts 3001 to 3053.

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