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U.S. ARMY MATERIEL COMMAND

Contracting Support to the Warfighter

Army Contracting Command

UNCLASSIFIED

Expeditionary · Responsive · Innovative

National Contract Management Association (NCMA)

Chesapeake Chapter Meeting

Debriefings

16 December 2009

Kathryn Ortel-Thatcher

RDECOM CONTRACTING CENTER (CC)Aberdeen Installation Contracting Division (AICD)US Army Environmental Command (USAEC) Team

GENERAL

• National Contract Management Association (NCMA) 2009 World Congress

– 5-8 April 2009

– Long Beach, CA

• Combination

– Keynote Speakers

– Workshops

– Displays/Marketing Booths

• Topics Ranged From:

– Stimulus Bill

– Secretary Gates Memo

– Work/Life Quality Issues

– Blended Workforce (Contractor & Government)

– Multiple Award Contracts

– General Acquisition Issues

NCMA World Congress

• Attended Breakout Session #401:

• Two-Step Debriefing Process: “The Ultimate Elimination of Acquisition Protests”– Presented by

• Sharon Bodford, Contracting Officer, Commercial Services Management

• Deborah Lee, Contracting Officer’s Technical Representative

• Department of Homeland Security, Federal Law Enforcement Training Center (FLETC)

– FLETC’s latest weapon against protests

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DEBRIEFING DEFINITION

The Government’s assessment of an

Offeror’s proposal in relation to the

evaluation criteria of a proposal and an

understanding of the basis for the

award decision or exclusion from the

competitive range

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DEBRIEFING

• Why Debrief?

– Basis for Elimination

– Basis for Award

– Basis for Improved Proposals

– Basis for More Trusting Relationships with Contractors

– Required IAW FAR Part 15

• Debriefing Procedures

– FAR 15.505, Preaward debriefing of offerors

– FAR 15.506, Postaward debriefing of offerors

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DEBRIEFS

• What Are Debriefs?

– Contractor’s Opportunity to Learn

– Explanation of Award Decisions

– Not an Opportunity to Correct Inadequacies/Deficiencies

• Required Presentation?

– Oral, Writing, or Any Method Acceptable to the KO

– Fax, Email, or Telephone

• KO Maintains Official Summary of the Debrief/Debriefed

Information in the Contract File

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REQUIRED DEBRIEFING

• Only Firms Submitting Proposals Qualify– Request Submitted in Writing

– Within Three (3) Days After Notice of Exclusion or Notice of Award

– Receipt Date Not Counted (FAR 33.101)

• Proof of Timely Request for Debriefing– Faxed Transmission

– Returned Receipt

– Dated Email

• Untimely debriefing request may be accommodated– Offeror is Not Entitled

– If Accommodated, Protest Deadline Extension is Not Automatic

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REQUIRED DEBRIEFING

• Debriefings– Chaired by KO

– Evaluators Shall Provide Support, As Requested

– Occur Within Five (5) Days After Receipt of Timely Request, To Maximum Extent Practical

• Protests– Contractors Have Five (5) Days From Date of Required Debrief

– Have Ten (10) Days From Contract Award

– Have Ten (10) Days After the Basis of Protest is Known or Should Have Been Known, Whichever is Earlier

• Protest Within Five (5) Days of Required Debriefing Can Result in Automatic Suspension of Contract Performance

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REQUIRED DEBRIEFING

• When is Debriefing Concluded?

– Information Provided Per FAR 15.505 and/or 15.506

– Agency Responds to Relevant Questions

• No Clear Standard for Determining Relevance of

Questions

• Questions May be Received Prior to Debriefing

• Unsuccessful Offeror Entitled to One (1) Debriefing

– Preaward (Outside Competitive Range)

– Postaward

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PREAWARD DEBRIEFING• Information on Offerors Not Releasable

• Do Not Provide– Number and/or Identity of Offerors

– Content, Evaluation, and Ranking of Other Offeror’s Proposals

– Point-by-Point Comparisons or Information Exempt From Release Under FOIA

– Trade Secrets

– Names of Individuals Providing Past Performance References

– Confidential Manufacturing Processes

– Privileged Financial Information (Cost Breakdown, Profit, Etc)

• Do Provide, At Minimum– Evaluation of Significant Elements of Proposals

– Summary of Rationale for Elimination

– Responses to Relevant Questions on Source Selection Procedures

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POSTAWARD DEBRIEFING• Any Firm Retained In the Competitive Range is Eligible

• Do Not Provide

– Point-by-Point Comparisons or Information Exempt From Release Under FOIA

– Trade Secrets

– Names of Individuals Providing Past Performance References

– Confidential Manufacturing Processes

– Privileged Financial Information (Cost Breakdown, Profit, Etc)

• Do Provide, At Minimum

– Significant Weaknesses or Deficiencies

– Evaluated Price/Cost, Including Unit Price(s)

– Technical Rating of Debriefed Firm and Awardee

– Past Performance of Debriefed Offeror

– Overall Ranking of All Offerors, If Developed

– Summary of Rationale for Award

– For Commercial Items, Make and Model to be Delivered

– Responses to Relevant Questions on Source Selection Procedures

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INADEQUATE DEBRIEFING

• Not Protestable

Procedural Matters Do Not Affect the Validity of an Award (Hot

Shot Express, Inc., B-290482, August 2, 2002 CPD 139)

• Extend Protest Time for Offeror if the Time to Stay

Performance of the Contract has Passed (Geo-Centers,

Inc., B-276033, May 5, 1997, 97-1 CPD 182)

– General Accountability Office (GAO) Sustained a Protest that

was Filed Three Months After Contract Award and Two Months

After a Debriefing

– GAO Ruled the Protest Timely Because it was Filed 10 Days

After the Protester Learned the Grounds for the Protest in a

Response to its Freedom of Information Act (FOIA) Request

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DEBRIEFING (GENERAL)

• Agency and Offeror Expectations that Debriefing

Will Provide the Requester With Meaningful

Insight as to Why the Competitor’s Proposal was

Deemed Technically Superior is Misleading

• A Debriefing is NOT a Comparison of Proposals

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TWO-STEP DEBRIEFING

• Step One– Contractor Requests Debrief

– Timely and FAR Compliant Debrief Provided

• Step Two– Contracting Officer Issues an Email Offer (Next Slide)

• Contractor is Allowed to Submit Questions

• Contractor is Provided a Date/Time for Submission of Questions

• Contracting Officer Conducts a Telephone Conference to Answer Submitted Questions

• Will Not Answer Questions Outside the Purview of FAR Part 15 Allowability

– Basis and Evaluation for Award

– Strengths/Weaknesses in Relation to the Proposal

– Clear Rationale for Award

– Best Value Amount Justified

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TWO-STEP DEBRIEFING INSTRUCTIONSBased on the Aforementioned Analysis of Your Technical,

Present/Past Performance and Price Proposals, Please Submit Written Questions Regarding the Government’s Evaluation of Your Proposal If You Desire Further Clarifications. Questions Shall be Submitted Via Email To ___________ By 1300 EDT On ______2009. A Telephonic Response to Relevant Questions About Whether Source Selection Procedures Contained in the Solicitation, Applicable Regulations and Other Applicable Authorities Were Followed Will Be Scheduled to Occur On This Date Between 1500 and 1600 EDT To Ensure Complete Understanding of the Government’s Evaluation of the Significant Strengths and/or Weaknesses or Areas of Improvement In Your Proposal.

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OUTCOME OF EVENTS

• Successful Outcomes - Written Debriefings

– 1 Telephonic Debriefing

– 1 Clarification Question

– 0 Misunderstandings

– 0 Disagreements

– 0 Protests

• Timely Use of Resources

• Timely Performance

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TYPICAL METHOD

• Debrief Requested

• Debrief Provided

– Questions May Be Allowed During Debrief Session

– Questions May Be Entertained Post Session

• Contractor Either Protests or Accepts Award

Action

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MISSION SUCCESS

• Contractors Thoroughly Informed

• Contractors Developed Trust

• Contractors Understood Rationale for Award

• Contractors Remain Interested

• Contractors and Government Gained Appreciation of the Source Selection Process

• Government Created Mutual Respect Among All Players

• Shows Value of Each Proposal Received