Win when you Lose!
In a public sector bid you can change the decision more easily than you might think.
Dear <<First Name>>,
It is almost always worth challenging
Over the last couple of years, we have become involved with several clients challenging award decisions. We are convinced that it is almost always worth pushing back when you get that dreaded message saying “you have been unsuccessful”. You need to get immediate feedback and then pursue anything which does not feel right.
This applies no matter how small (or large) the contract is. For example, there were abnormalities in the evaluation process in two recent bids. We helped the bidders get the contract awards overturned, worth £400m and £150K respectively. We have helped several other bidders extract much more detailed feedback and boost the value of the lessons learned exercise. In addition, we have often helped clients to extend the standstill period (advantageous if you are the incumbent).
What you need to consider
There is almost always an opportunity to question a public authority’s ITT evaluation decision. You must be sure that your bid has been correctly assessed or both you and the taxpayer will lose. You will need to consider:
- Are there reasonable grounds for challenging? These range from the authority using a weak evaluation process to downright bias.
- How much time have we got? The timescales are punishingly short. You must launch the challenge process within days of discovering there is an issue.
- What are our best tactics for challenging? There are some key decisions to make (e.g. do we challenge during or after the standstill period?).
Overcoming reluctance to challenge
You may be reluctant to challenge because you are worried about the impact upon your image, your reputation, your future chances or the costs. Our experience suggests that this is not a valid concern. We have heard from many procurement officers and seen the notes from evaluation teams. The evidence suggests that if they know you are likely to challenge, they will be even more careful to apply the process fairly. Besides, if they were to bias any decision against you because of some perceived slight, they would be even more exposed to a challenge!
The initial effort in challenging will cost you nothing. A quick phone call with us will give you an indication if it is worth starting. If the challenge looks to be substantive, for a small fixed fee, we can help find more information and prepare for legal involvement. If we find we need legal experts involved, we work with solicitors who may take up your case on a no-win no fee basis, thus limiting your exposure to (approx.) 5% of the likely damages. If you win, you will get costs and damages back.
What you should do now
You should familiarise yourself and alert your management to the basis of grounds for challenge. We have a two-hour briefing on this that you might find helpful. Or, if you have recently received a decision that you are not comfortable with, give us a call. We will help you with a top level analysis of your situation and the available options (at no charge). Then, if you would like additional help, we can outline the costs and risks in moving forward (which are relatively low and limited).
If you would like to study this further, please ask us for a copy of our white paper on the subject, or invite us in to brief you and your team. Call us on 01227 860375.
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