USSOCOM / Industry Collaboration NDIA Debrief 20 August 2015 Strategic Business Solutions.

USSOCOM / Industry Collaboration

NDIA Debrief

20 August 2015

Strategic Business Solutions

Overview

2

How this Meeting Came About

Who Attended – Invitations to Participate

Ground Rules No discussion of active USSOCOM procurements

No marketing to Government

Positive Dialog

Perspectives

Scope / Data

Causes / Solutions

Goals and Objectives

3

GOAL: Zero Protests

OBJECTIVES:

1. Gain a strategic understanding of both government and industry perspective

on the protest environment.

2. Debunk myths and provide a common understanding of the true scope of

the protest issue.

3. Improve relations and communications between industry and USSOCOM

Acquisition professionals

4. Develop strategies for eliminating the causes of protests

5. Establish mechanisms for addressing potential protests before they are filed

– both at industry and government levels

GAO Bid Protest Statistics

4

500

1000

1500

2000

2500

3000

3500GAO Annual Bid Protest Filings FY 1985-2014

Fiscal Year

Pro

tes

ts F

iled

GAO Bid Protest Statistics

5

FY 2014 FY 2013 FY 2012 FY 2011 FY 2010

Cases Filed2,561

(up 5%)2,429

(down 2%)2,475

(up 5%)2,353

(up 2%)2,298

(up 15%)

Cases Closed 2,458 2,538 2,495 2,292 2,226

Merit (Sustain + Deny) Decisions 556 509 570 417 441

Number of Sustains 72 87 106 67 82

Sustain Rate 13% 17% 19% 16% 18%

Effectiveness Rate 43% 43% 42% 42% 42%

ADR (cases used) 96 145 106 140 159

ADR Success Rate 83% 86% 80% 82% 80%

Hearings4.7%

(42 cases)3%

(31cases)6%

(56 cases)8%

(46 cases)10%

(63 cases)

Effectiveness Rate – Based on protester obtaining some form of relief from the Agency

GAO Protest Process

6

USSOCOM Protest Data

7


8

7 Protests/6 Procurements





Corrective action, 2Corrective action, 4

Corrective action, 5




9

Fact vs. Fiction

10

Fiction Fact

44% of all contracts are protested Fewer than 5% of all contracts are protested (DoD approx. 1%)

Most protests are frivolous GAO sustains approximately 18% of protests and greater than 40% result in some form of relief or corrective action

Why DoD Contractors File Protests

Decision maker at the contractor expects to win

The Government really does make mistakes

Delay the award or program to hurt competition

Prove we did everything possible

Poor Debrief

Protest as a matter of policy

Obtain competitive intelligence

Hurt the winner

Delay loss of revenue stream

11

Steve Roemerman, “Why DoD Contractors File Protests,Why Some Don’t, and What the Government Can Do,” 2010

Environmental Conditions

12

No new procurements in sight

Government spends too much time trying to prevent a protest

Decline of experience among government procurement staff

Poor government communications

Poor legal advice from contractor’s retained counsel

New procurement or competitive factors

Increase in value of contracts

Longer periods of performance

Decreasing Government spending

InsourcingSteve Roemerman, “Why DoD Contractors File Protests,Why Some Don’t, and What the Government Can Do,” 2010

Reasons for Protests – The Data

13

Size determination disputes

Failure to follow process or criteria

Technical

Socio-economic status disputes

Poorly written requirements

Failure to adequately document findings

Improve agency clarity, communications, and debriefs

Why Contractors Don’t File Protests

14

No one ever wins

Fear of negative consequences

Cost

Extending the embarrassment and pain


What Can Government Do?

15

Communicate agency sustain rates

Senior agency official communicate with contractor

Communicate selection factors prior to proposal submission

Communicate changing environmental factors openly with prospective bidders

Hold effective debriefs as soon as possible after decisions are made; discuss

merits and lack thereof in proposals; demonstrate that winner submitted best

proposal IAW evaluation criteria; follow FAR

Invest in efforts to identify and implement efficiencies

Increase transparency

Split up contract awards, where feasible

Why Contractors Don’t File Protests

16

No one ever wins

Fear of negative consequences

Cost

Extending the embarrassment and pain


Key Discussion Items

17

Appearance that all Bidders are not treated equally

Scripted Debriefs

Communication


Recommendations

18

Use of Checklist to Help Potential Bidders Make Bid/No Bid Decision Be certain it is what you really want

Post Procurement Lessons Learned with Bidders and Government

Monthly Government Program Review with Industry (similar to PEO-STRI PALT)

Contracting Specialists “intern” with industry during proposal process or at least

RFI Shred

More objective criteria for “Best Value” Determinations Pre-defined Price Ranges to Prevent Best Value from Turning into LPTA

Second Industry Day after release of Draft RFP

More Single Award Procurements

Recommendations

19

Better Linkage Between C and L&M C Written by Operators; L&M Written by Contracting Staff

Conduct Pre-Award Size Determination For Small Business Set Asides Pre-Award Education Briefings – Explain Pre-Award Qualification Checks, Affiliation Criteria, and

Grounds for Filing Protest

Tax Return Data of Bidders Available to all Bidders

Peer Review of Solicitations Prior to Release

Discontinue Practice of “Cut & Paste” RFPs

Stand up to Protests (Effectiveness Rate) There is no deterrent to protest

Specific Action Items

20

Dialog with PEO-STRI to Replicate PALT Process Here

Closer Examination of Cost Reasonableness and Cost Realism

Examine Feasibility of Government / Industry “Exchange” Program

Explore Peer Review Process / Establish Criteria

Better Data Collection Efforts to Allow for Better Root Cause Analysis

Explore Recommendations to Solicit More Input from Industry on Draft RFPs

Research Decision Support Tools (Decision Lens)

USSOCOM / Industry Collaboration NDIA Debrief 20 August 2015 Strategic Business Solutions.

Documents

Transcript of USSOCOM / Industry Collaboration NDIA Debrief 20 August 2015 Strategic Business Solutions.