Nicole Pottroff Weighs in on Bias in the Procurement World in Forbes Article

Tuesday, March 29, Forbes.com published a fascinating article written by Dr. Gleb Tsipursky entitled, Prevent Costly Procurement Disasters: 6 Science-Backed Techniques For Bias-Free Decision Making. In the article, I weigh in on the subject of bias in the bid selection process for federal procurements. I discuss some of the ways the ever-developing science behind implicit bias could potentially be utilized in bid protests challenging source selection decisions as biased–which is currently one of the toughest protest challenges to win.

As you can read more about in the article, government officials are presumed to act in good faith and the standards for proving otherwise are difficult to meet (essentially, you need a “smoking gun” to win a protest on bias alone). This article thoroughly discusses the current protest landscape for challenging bias, the ways procurement officials can work to mitigate or eliminate bias in the procurement process, and the potential interplay of the science behind bias in both the procurement and protest processes.

Webinar Event: Regulatory Updates in Government Contracting, February 23, 10:00-11:30am MST

The government contracting legal landscape has gone through many important changes in 2022 and the first part of 2023, including new small business rules, SDVOSB certification requirements, recent domestic preference changes under the Buy American Act, key provisions of the 2023 National Defense Authorization Act and other laws passed in 2022, and much more. 

In this session, John Holtz and I, will provide a comprehensive update on the most important government contracting legal changes in 2022, and the projected changes in the first months of 2023. We hope you will join us for this informative event hosted by Texas El Paso Apex Accelerators (formerly PTAC).

Register here.