Protests and Debriefings – Rising Volume and How to Respond
Introduction
Losing a federal contract bid can feel like a setback, but it doesn’t have to be the end of the road. In fact, it can be the beginning of a valuable learning experience. One of the most effective ways to gain insights and improve your future proposals is by requesting a debriefing. Understanding why your bid was unsuccessful can provide clarity and direction for your next steps.
What Is Debriefing?
A debriefing is a formal meeting between a contractor and the contracting agency, where the agency provides feedback on the contractor’s proposal. This feedback typically includes:
Debriefings can be conducted orally, in writing, or through other acceptable methods, depending on the agency’s procedures.
The Importance of Debriefings
Requesting a debriefing offers several benefits:
As noted by Berenzweig Leonard, LLP, “A debriefing can provide the bases of protest, establish timeliness for a protest, and allow an unsuccessful offeror or bidder insight into how to improve their proposal or quotation for the next procurement.”
How to Request a Debriefing
To request a debriefing, follow these steps:
Remember, timely submission is crucial. Failure to request a debriefing within the specified timeframe may limit your ability to protest the decision.
A Case Study in Federal Contract Protests
A notable instance highlighting the significance of debriefings occurred in 2024, when a small business protested the issuance of a task order to another vendor under a request for quotations issued by the Department of Health and Human Services, Center for Medicare and Medicaid Services (CMS). The protester challenged the agency’s consideration of an impaired objectivity organizational conflict of interest, numerous aspects of the agency’s evaluation of the selected vendor’s quotation, the best-suited vendor determination, and the best-value tradeoff decision.
The Government Accountability Office (GAO) sustained the protest, finding that the agency failed to reasonably consider the strategy proposed by the awardee to mitigate an impaired objectivity organizational conflict of interest. Additionally, the GAO determined that the agency’s evaluation of the awardee’s technical quotation was unreasonable, as the record showed that, to mitigate an organizational conflict of interest, the awardee materially altered its technical approach, and the evaluation contained no evidence that the agency considered the impact of the changed approach on contract performance.
This case underscores the importance of thoroughly understanding the evaluation process and seeking feedback through debriefings to identify areas for improvement.
Best Practices for a Successful Debriefing
To maximize the value of your debriefing:
Conclusion
In federal contracting, a lost bid isn’t the end, it’s a learning opportunity. Requesting a debriefing gives you key insights to improve future proposals, spot evaluation gaps, and assess grounds for protest.
The above case shows how understanding technical scoring and conflicts of interest can shift outcomes. Engaging fully in the debriefing process helps uncover issues and push for fairness.
Treat every debriefing as a strategic tool; it’s the link between today’s loss and tomorrow’s win.
Ready to improve your future federal contract bids? Book a meeting with our experts at Contragenix to learn how we can help you navigate the debriefing process and enhance your proposal strategies.