Preparing for a Debriefing and Protest: Practical Guidance for Government Contracts Counsel

You just found out that your client lost (or even won) a recent federal competition. What's next? Can you request a debriefing? How do you request one and when? How do you prepare for a debriefing and maximize the information that you can obtain? What realistically will you learn? And, after that debriefing, what is next? Can you ask more questions and get more information to inform decision-making? A protest can be an expensive proposition. Should your client protest? With tight timelines for action, lawyers for contractors must be prepared to answer these types of questions quickly. Before you even advise your client about protesting, you need to gather as much information as possible as quickly as possible.

Debriefings are an essential and often overlooked part of the government procurement process. In this program, attorneys Kara Sacilotto and Tracye Howard discuss the ins and outs of debriefings, including new developments in the law. This course focuses on how counsel can help contractors maximize information gathering before deciding whether to protest. The program will also focus on timing requirements and practical considerations before deciding to protest. Attorneys will learn practical tips to apply at the front end of the protest decision-making process.

Learning Objectives:

1. Identify if a debriefing is available, how to timely request a debriefing, and how a debriefing might affect (or not affect) the deadline for protesting

2. Discuss what to expect (and what not to expect) in a debriefing 

3. Prepare for the debriefing and take advantage of enhanced debriefing processes for Department of Defense procurements, if available

4. Decide whether, and in which forum, to file a bid protest