File:Achieving better acquisition through ADR and other best practices for resolving bid protests (IA achievingbetterc1094510386).pdf
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Achieving better acquisition through ADR and other best practices for resolving bid protests
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| Title |
Achieving better acquisition through ADR and other best practices for resolving bid protests |
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| Publisher |
Monterey, California: Naval Postgraduate School |
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| Description |
This project examines bid protest prevention and resolution strategies to shed light on ways to save the government money and time. Successful resolutions of protests depends on a number of factors, including government and private sector protest management and litigation strategies; Alternate Dispute Resolution (ADR) policies of federal agencies; legal and regulatory requirements; and remedies available to contractors. Our research identifies and analyzes best ADR practices and other remedies and preventions for resolving bid protests. Areas examined include processes and remedies utilized by selected federal agencies and obstacles to fomenting improved cooperation between industry and government, which may preclude win-win resolutions to bid protests. Insights regarding the validity of our entering hypotheses about ADR are obtained from a survey of acquisition and legal professionals regarding their perceptions, opinions, and recommendations on bid protest practices and the use of ADR procedures. Our objectives are to identify ADR and other process improvement recommendations that are crucial to effective contracting and support the government's efforts to improve adjudicative forums for resolution of contract disputes and bid protests. Our research suggests that agencies can mitigate protest expenses and interruptions by managing the protest process in a systematic, business-like way. At the present time, agencies rarely use most procedural tools that are required or authorized under Federal laws and regulations to reduce time delays and costs from bid protests. Among other things, we recommend energetic agency approaches to preventing disputes (e.g., quality debriefings), and dealing with disputes (e.g., formal cost-benefit analysis of agency defense strategies, strong defense of agency actions, and full use of ADR methods). We also recommend ADR as the default method for settling bid protests. Subjects: Bid Protests; acquisition process; best practices; alternative dispute resolution; Federal Agencies; Defense Contracting |
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| Language | English | |
| Publication date | December 2009 | |
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IA Collections: navalpostgraduateschoollibrary; fedlink |
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| Accession number |
achievingbetterc1094510386 |
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Licensing[edit]
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This work is in the public domain in the United States because it is a work prepared by an officer or employee of the United States Government as part of that person’s official duties under the terms of Title 17, Chapter 1, Section 105 of the US Code.
Note: This only applies to original works of the Federal Government and not to the work of any individual U.S. state, territory, commonwealth, county, municipality, or any other subdivision. This template also does not apply to postage stamp designs published by the United States Postal Service since 1978. (See § 313.6(C)(1) of Compendium of U.S. Copyright Office Practices). It also does not apply to certain US coins; see The US Mint Terms of Use.
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| This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. | ||
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| Date/Time | Thumbnail | Dimensions | User | Comment | |
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| current | 20:49, 13 July 2020 |  | 1,275 × 1,650, 106 pages (3.04 MB) | Fæ (talk | contribs) | FEDLINK - United States Federal Collection achievingbetterc1094510386 (User talk:Fæ/IA books#Fork8) (batch 1993-2020 #5123) |
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