Better Acquisition Management through Alternative Dispute Resolution (ADR) and Other Best Practices for Preventing and Resolving Bid Protests

Report Number: NPS-CM-10-183

Series: Contract Management

Category: Contract Disputes, Protests

Report Series: Sponsored Report

Authors: Paul R. Benishek, Benjamin L. Sheinman, Max V. Kidalov, Diana I. Angelis

Title: Better Acquisition Management through Alternative Dispute Resolution (ADR) and Other Best Practices for Preventing and Resolving Bid Protests

Published: 2012-01-01

Sponsored By: Acquisition Research Program

Status: Published--Unlimited Distribution

Research Type: NPS Faculty

Full Text URL: http://acquisitionresearch.net/files/FY2010/NPS-CM-10-183.pdf

Keywords: Bid Protests, Acquisition Process, Best Practices, Alternative Dispute Resolution, Federal Agencies, Defense Contracting

Abstract:

This project examines bid protest prevention and resolution strategies to shed light on ways to save the government money and time. Successful resolution 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 identified and analyzed best ADR practices and other remedies and preventive methods 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 were 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 were to identify ADR and other process improvement recommendations that are crucial to effective contracting and support the government