1 / 22

Protests

Protests. What if. Protests. Disappointed contractors Competitive range Award Choices Contracting Agency Comptroller General (GAO) Court of Federal Claims. Reasons for Protest. Improprieties in the System Breaking the rules Darleen Druyun issue Changes in requirements

zoltin
Download Presentation

Protests

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. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Protests What if. . .

  2. Protests • Disappointed contractors • Competitive range • Award • Choices • Contracting Agency • Comptroller General (GAO) • Court of Federal Claims

  3. Reasons for Protest • Improprieties in the System • Breaking the rules • Darleen Druyun issue • Changes in requirements • Improper contact • Release of information • Award or Cancellation

  4. Who can file? • Interested Party • Actual participant • Direct economic interest • Agency – 10 days • GAO – 10 days • CoFC -- ??

  5. Contracting Agency • Least Formal • Least expensive • Quickest • All parties are directed to try and handle at this level • Fox guarding the hen-house?

  6. What must be in it? • Statement of legal grounds • Copies of documents • Proof of standing • Positive request for ruling • Request for specific relief

  7. Who decides? • Contracting Officer • Written determination • Protest Decision • Protestor may request independent review • One level higher than CO • 10 Days • Constructive notice

  8. Remedies • Before award • No award may be made • Urgent and compelling • Corrective action • After award • Suspend performance • 35 day decision • T for C • Let stand (best interest of Govt)

  9. Comptroller General • More Formal • More expensive • Takes longer • Must follow specific steps in regulations • Fox guarding the hen-house or wait and spend

  10. What must be in it? • Name of Protestor • Contracting agency • Statement of legal grounds • Copies of documents • Proof of standing • Proof of timeliness • Positive request for ruling • Request for specific relief

  11. Timing • 10 days after constructive notice • 3 days after debrief • Before bid opening if a protest of solicitation

  12. More on Timing • Protest • GAO notifies CO 1day • CO responds 30 days (20 express) • Comments on Report 10 (5 express) • Total time 100 days (65 express)

  13. Who Decides? • Committees of attorneys • Single individual if simple • Written determination • Protest Decision • Request for reconsideration • 10 days

  14. Remedies • Before award • No award may be made • Urgent and compelling • Best Interest • Corrective action • Outcome Prediction • Negotiation assistance

  15. Remedies • After award • Suspend performance • No options • Issue new solicitation • Terminate • Fix contract • Any other thing the GAO decides

  16. Court of Federal Claims • Most Formal • Most expensive • Takes longest • Must follow specific steps in regulations • Sole judicial forum • Must provide pre-filing notice

  17. What must be in it? • Filing of complaint • Relief sought • Motion for suspension of award • Support • Motion for protective order

  18. Timing • No real deadline • But we want help! • Initial status conference • Identification of parties and standing • Requests for injunctive relief • Protective order • Schedule for filings • Schedule for proceedings

  19. Discovery • Depositions • Further discovery • Reveal evidence • Limited in nature

  20. Who Decides? • Judge • Single individual if simple • Written determination • Protest Decision • Request for reconsideration CoFC • 10 days • Appeal to the U.S. Court of Federal Appeals (procedural not factual) • 60 days

  21. Basis for finding • Subjective bad faith • No reasonable basis for decision • Abuse of discretion • Violation of statute or regulation • Burden of Proof is on protestor • Significant error • Competitively prejudiced

  22. Remedies • Declaratory Judgment • Injunctive relief • Clear and convincing evidence • Merits of case • Irreparable harm • Outweighs harm to govt and third party • Public interest • Recovery of B&P • Recovery of other costs • Recovery of Legal fees

More Related