DOCUMENT

POL - GovPro - Untying the Legalistic Straightjacket 2012

  • YEAR CREATED: 2012
  • ENTITY TYPE: State
  • TYPE OF DOCUMENT: POL - Policies/Procedures
This document provides approaches to help courts understand how discretion was properly exercised in a contract award. It emphasizes the importance of documenting key decisions and ensuring that the procurement file tells the story. The document suggests including brief memoranda that explain the rationale for key decisions such as bid rejections, bid corrections, waivers of minor irregularities, and determinations of bidder responsibility. It also advises briefing evaluation members about the importance of following the process and the potential review of their evaluation comments by disappointed bidders. The document recommends being vigilant for evaluation comments or documents that do not make sense and addressing wide variations in past experience evaluations. It suggests using a succinct evaluation memorandum that aligns with the request for proposal (RFP) language and highlights the strengths of the winning offer. The document also emphasizes the importance of post-award debriefings and having one person lead the discussion to provide explanations to industry and improve future proposals. It mentions that inconsistencies between debriefings and the procurement file can weaken court deference to procurement professional discretion. The document concludes by encouraging procurement professionals to tell a compelling procurement story in their procurement files and to consider the special role they play in fostering an equitable, effective, and efficient public procurement system.
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