Answer the following questions to find out if you have grounds to file a POST-AWARD Bid Protest

*Please note, the only way to determine the answer to some of the following questions is by filing the initial protest*

1. What kind of contract did you submit a bid for? (Sole Source? IDIQ?Partial Set Aside? Total Set Aside? etc.)

2. What was awarded the contract?

3. What do you know about the winning bid?

4. Are there any unusual circumstances which concern you?

5. Have you ever been awarded a contract from any government agency? Which one?

6. Have you responded to a similar solicitation before? What happened?

7. Did your proposal meet ALL material requirement of the solicitation? YES/NO

8. Did the agency waive a technical or material requirement for your competitor, without amending the solicitation and giving you a chance to submit a revised proposal? YES/NO

9. Is there sufficient evidence the agency had reason to doubt that the winning offeror can comply with the solicitation requirements? YES/NO

10. Did the winning offeror provide all information required by the solicitation? ( Ie: Did it provide a detailed security plan; did it agree to provide the details of all items to be used in satisfying the solicitation; are all brand names and specifications of products disclosed appropriately?) YES/NO

11. Did the agency assess weaknesses of the proposals correctly?YES/NO

12. Did the agency assess strengths of the proposals correctly? YES/NO

13. Did the agency accurately identify inaccuracies and errors in the awardees proposal? YES/NO

14. Was the agency's past performance evaluation reasonable? (Was the evaluation consistent with the terms of the solicitation? Did it consider information that was readily available? Did it rely on inadequately documented information?) YES/NO

15. Did the agency document its basis for the past performance evaluations? (For example, if the agency relied on oral discussions that allegedly served as the agency’s past performance evaluation, were those discussions contemporaneously documented?) YES/NO

16. To your knowledge, how did the agency conduct its past performance evaluations?

17. Did the Agency consider all your past performance evaluations that were for either the same services, the same procuring activity, or regarding information personally known to the evaluators? YES/NO

18. Did the agency conduct a cost realism analysis? YES/NO

19. Did the agency adjust unrealistic cost elements? YES/NO

20. Did the agency use each offeror's most probably cost in making its best value analysis? YES/NO

21. Did the agency evaluate the realism of signifiant elements of the offerors' proposed costs? YES/NO

22. Are there any mathematical errors or omitted elements in the cost analysis of the awardees proposed costs? YES/NO

23. US the agency's cost realism analysis consistent with the content of the proposals submitted? YES/NO

24. Did the agency conduct a price realism analysis?** YES/NO

25. If the agency felt your prices were too low, did they conduct a price realism analysis to determine your understanding of the contract and likelihood of success? YES/NO

26. If the contract is an Indefinite Quantity Contract, did the Agency evaluate the price of the indefinite quantity line items? YES/NO

27. If you answered YES to 26, did the agency consider the quantity it is likely to order under each line item? YES/NO

28. If you answered YES to 26, did the agency award the contract to an offeror who offered special discounts using pricing structures which very from that set forth in teh schedule, creating an unpredictable cost basis? YES/NO

29. Did the agency apply ONLY the evaluation criteria stated in the solicitation? YES/NO

30. Did the agency apply completely different evaluation criteria than those delineated in the solicitation? YES/NO

31. If the agency utilized an undisclosed factor in evaluation proposals, was this factor reasonably related or logically encompassed by the stated evaluation criteria? YES/NO

32. Did the agency exaggerate or minimize the importance of a particular factor or sub factor in the solicitation in their analysis of proposals? YES/NO

33. Did the agency deviate from weights assigned to the factors and sub factors in the solicitation in their analysis of proposals?YES/NO

34. Did the agency conduct discussions with any offeror prior to the award of the contract?YES/NO

35. Did the agency indicate all signifiant weaknesses*** and deficiencies**** which would have to be corrected in order for you to have a reasonable chance***** for award? YES/NO

36. Was the advice of the agency clear or vague?

37. Did the agency misinform or mislead you in any way during discussions, prior to making an award? How? (The Agency must treat all offerors equally, during discussions. For example, if one offeror is privy to consecutive discussions with the agency, all offerors must be given the opportunity to have the same number of discussions with the agency regarding the solicitation. they must give the same detailed level of advice across the board to all offerors. This is most easily proven when the agency has the same concern with two or more offerors but only addresses those concerns with your competitor)

38. Did the agency engage in disparate treatment of proposals? Did they apply the same evaluation criteria to all offerors?

39. Did the agency adequately document its rationale for its source selection decisions? (For example, did the Agency extend the page limitation or deadline for only one offeror? Did they put forth the same effort in reaching all offerors' past performance references? )

40. Was the agency's best value determination based on accurate information or inaccurate information?

41. Was the agency's best value determination consistent with the stated evaluation criteria?

42. Did the Source Selection committee reject the evaluation panel's conclusion without documenting their basis for doing so? YES/NO

NOTE

** When awarding a fixed-price contract, an agency must determine that an offeror’s price is fair and reasonable. Just because your competitor’s price is significantly higher than your, does not mean there is flaw in the analysis as long as the agency considered the root cause of the considerable price disparity.

** Conversely, if an offerors prices appear to be too low, the agency must conduct a price realism analysis to ensure the offeror fully understands the contract requirements, and does not pose a risk of failed performance.

*** A significant weakness is considered to be a flaw that considerably increases the risk of failed performance.

**** A deficiency is a material failure to meet a Government requirement or a combination of significant weakness that increase the risk of failure to an unacceptable level.

***** This does not include weaknesses and deficiencies manifesting for the first time in your proposal revisions.

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