Jennifer Schaus & Associates SERVICES FOR US FEDERAL GOVERNMENT CONTRACTORS
WEBINAR WEDNESDAYS – 2018 WASHINGTON, DC OFFICE PHONE: 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Join Us for Our 2018 Series of Complimentary Webinars on various US Federal Government Contracting Topics. Presenters are industry experts sharing knowledge about the competitive government contracting sector. Find all of our Govt Contracting webinars (free download) at www.JenniferSchaus.com
Contact Us @ 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
REMINDERS: All webinars are complimentary. All webinars are recorded. They are found on our website and on YouTube. Please send your questions to the speaker directly. Thank you for participating.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT JENNIFER SCHAUS & ASSOCIATES: - Based in downtown Washington, DC; -
A la carte services for Federal Contractors;
- Proposal Writing to GSA Schedules, 8a Cert, Contract Admin & more!; Educational webinars; -
Networking events and seminars;
WEBSITE: http://www.JenniferSchaus.com
Monday, OCT 22 – 2018 5.30pm -7.30pm Federal Contractors Fiscal New Year Soiree #govcon NETWORKING EVENT @ The John F Kennedy Center TICKETS REQUIRED, SPONSORSHIPS AVAIL: https://fiscalnew102218.eventbrite.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT OUR SPEAKER: Edward (“Ed”) DeLisle - Over 20 years experience in government contracting and construction litigation - St. Josephs University, B.A. Political Science & Temple University J.D. - Offit Kurman, P.A.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Debriefings – What Do You Really Get? Wednesday, September 28, 2018
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What is a Debriefing? • Debriefings provide an opportunity to better understand the agency Source Selection Authority’s (SSA) assessment of the offeror’s proposal, the basis for the SSA’s award decision or exclusion of the offeror from the competitive range, and other aspects of the agency’s evaluation process. • Debriefings can be Oral, in-person, in-writing, or “by any other method acceptable to the contracting officer.” FAR 15.506(b).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
When is a Debriefing Required? • Debriefings are required for Negotiated Contracts (FAR Part 15) and Indefinite Delivery Contracts resulting in an award exceeding $5.5M (FAR Part 16.5). • Pre-award debriefings are also available for offerors on Negotiated Contracts who are excluded from the competitive range. FAR 15.505. • Debriefings MUST be requested in writing (email is acceptable) within 3 calendar days after notification of exclusion from the competitive range or notification of Contract Award. FAR 15.505, 15.506, 16.505(b)(6).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
When is a Debriefing Required? • Pre-Award Debriefings should be held, “as soon as practicable,” but the Contracting Officer (CO) may delay the debriefing to no later than the time of the Post-Award Debriefings if it is in the best interest of the Government. FAR 15.505(b). • Post-Award Debriefings should, “to the maximum extent practicable,” be held within 5 days after the offeror’s request. FAR 15.506(a)(2). However, the 5 day timeline is not required. Heritage of America, LLC v. U.S., 77 Fed. Cl. 66 (2007).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
When are Debriefings Not Required? • When a Debriefing is not timely requested (i.e. within 3 days of Notification of Award or Exclusion from Competitive Range) • An agency may still grant a request for Debriefing even though it was not timely requested. FAR 15.506(a)(4). • For GSA Schedule and other Required Sources of Supply Contracts (FAR Part 8), Commercial Items Contracts (FAR Part 12), Simplified Acquisition Contracts (FAR Part 13), and Sealed Bid Contracts (FAR Part 14).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What are the Benefits of Debriefings? • Learning experience to improve future proposals; • Help you decide whether to pursue a bid protest and, if you already plan on protesting, the debriefing can reveal additional facts supporting your protest; • If you don’t plan on protesting, the debriefing provides another chance to market your company to the government customer; • Even awardees benefit from debriefings by helping the agency prepare for potential protests to your award.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What must the SSA disclose in a Pre-Award Debriefing? • The agency’s evaluation of significant elements in the offeror’s proposal; • A summary of the rationale for eliminating the offeror from the competition; and • Reasonable responses to relevant questions about whether source selection procedures in the solicitation, applicable regulations, and other authorities were followed in the process of eliminating the offeror from the competition. FAR 15.505(e).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What the SSA may not disclose in a Pre-Award Debriefing • The number of offerors • The identity, ranking, or evaluation of other offerors • The content of other offerors’ proposals • Information exempt from release under FOIA including: trade secrets, privileged/confidential manufacturing processes or commercial/financial information, and the names of individuals providing references about an offeror’s past performance. FAR 15.505(f), 15.506(e).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What must the SSA disclose in a Post-Award Debriefing? • The Government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable; • The overall evaluated cost or price (including unit prices) and technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror; • The overall ranking of all offerors, when any ranking was developed by the agency during the source selection;
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What the SSA must disclose in a Post-Award Debriefing • A summary of the rationale for award; • For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror; and • Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed. FAR 15.506(d).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What the SSA may not disclose in a Post-Award Debriefing • A point-by-point comparison of the debriefed offeror’s proposal with those of other offerors • Information exempt from release under FOIA including: trade secrets, privileged/confidential manufacturing processes or commercial/financial information, and the names of individuals providing references about an offeror’s past performance. FAR 15.506(e).
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
When does a Post-Award Debriefing End? • Unless the agency affirmatively indicates otherwise, the debriefing ends at the conclusion of the debriefing session. New SI, LLC, B-295209, et al., Nov. 22, 2004, 2005 CPD ¶ 71. • Why this is important: Protests and the CICA Stay: • If the disappointed offeror files protest with the Government Accountability Office (GAO) within 5 days of the Post-Award Debriefing, the awardee must stop performance until the protest is resolved. FAR 33.103(f)(3), 33.104(c)(1).
THANK YOU FOR ATTENDING!!
WWW.JENNIFERSCHAUS.COM
QUESTIONS? CONTACT OUR SPEAKER ED DELISLE AT 267-338-1321 AND AT EDELISLE@OFFITKURMAN.COM
SERVICES FOR US FEDERAL CONTRACTORS
OFFICE: 2 0 2 – 3 6 5 – 0 5 9 8