FIVE RULES FOR EFFECTIVE DEBRIEFINGS NCMA WINTER EDUCATION CONFERENCE MARCH 1, 2O12

5 GENERAL RULES Get a “required” debriefing Know the limited information available Understand the Government’s mindset Can a debriefing lead to winning the “lost” contract? Be a “good contractor,” not an adversary

RULE 1 GET A “REQUIRED” DEBRIEFING “The 3-day turn-around” rule Post-award notice starts the clock Miss the deadline? BERENZWEIG LEONARD LLP

3-DAY TURNAROUND FAR (a)(1): An offeror, upon its written request received by the agency within 3 days after the date on which offeror has received notification of contract award in accordance with (b), shall be debriefed… BERENZWEIG LEONARD LLP

PRE-AWARD DEBRIEFING Pre-award debriefing FAR day rule Postpone it? BERENZWEIG LEONARD LLP

POST-AWARD NOTICE FAR (b) Post-award notices. (1) Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award or had not been previously notified under paragraph (a) of this section.

RULE 2: KNOW THE LIMITED INFORMATION AVAILABLE FAR (d): At a minimum, the debriefing information shall include— (1) The Government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable; (2) 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; (3) The overall ranking of all offerors, when any ranking was developed by the agency during the source selection;

RULE 2: KNOW THE LIMITED INFORMATION AVAILABLE FAR (d): At a minimum, the debriefing information shall include: (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered 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. BERENZWEIG LEONARD LLP

RULE 2: KNOW THE LIMITED INFORMATION AVAILABLE What you will NOT get: FAR (e) The debriefing shall not include point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by or exempt from release under the Freedom of Information Act (5 U.S.C. 552)…

RULE 2: KNOW THE LIMITED INFORMATION AVAILABLE Know the limited information available BERENZWEIG LEONARD LLP

RULE 3: UNDERSTAND THE GOVERNMENT’S MINDSET The Contracting Officer is: Overworked Committed to the award Risk-adverse

RULE 3: UNDERSTAND THE GOVERNMENT’S MINDSET Understand the Government’s mindset

RULE 4: KNOW THE ODDS OF A DEBRIEFING LEADING TO WINNING THE LOST CONTRACT 1.Not all protests are winnable but debriefing information is critical 2.Debriefings on occasion win protests BERENZWEIG LEONARD LLP 13

RULE 4: KNOW THE ODDS OF A DEBRIEFING LEADING TO WINNING THE LOST CONTRACT Can a debriefing lead to winning the lost contract? BERENZWEIG LEONARD LLP 14

RULE 5: BE A “GOOD CONTRACTOR” Being “adversarial” is not effective Being a “Good Contractor” is effective Relationship building

RULE 5: BE A “GOOD CONTRACTOR” How this changes your approach The letter requesting a debriefing The preparation for the debriefing Your conduct at the debriefing

THE 5 RULES Get a “required” debriefing Know the limited information available Understand the Government’s mindset Can a debriefing lead to winning the “lost” contract ? Be a “good contractor,” not an adversary

POST- DEBRIEFING ISSUES Protest Considerations Relationship Considerations Related Business Considerations BERENZWEIG LEONARD LLP

Questions? BERENZWEIG LEONARD LLP

THANK YOU Seth Berenzweig Terry O’Connor Berenzweig Leonard, LLP 8300 Greensboro Drive, Suite 1250 McLean, Virginia (703)