This workshop will explain the key advance-planning, decision-making, litigation, and litigation avoidance practice pointers for bid protests before an agency, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims. 

Both government and industry procurement personnel must understand their rights and obligations when litigating a protest or defending against one.  Because the determination of whether and where to pursue a bid protest often falls first to corporate decision-makers, this course is designed not only for legal professionals, but also for those who need to understand the process in order to make decisions that are in the best interests of their company.  Accordingly, this course offers guidance for newcomers on the fundamentals of where and how to protest, and it also provides information on substantive developments for seasoned practitioners. 

The course will focus on the practice, procedure, and strategy involved in protests at the agency-level and before the GAO and the Court, with the focus largely on the latter two forums.  Before filing a protest, you will understand:

- how to maximize the information obtained during a debriefing
- the considerations that must be weighed when deciding whether to protest
- the advantages and disadvantages of the three forums

This course also explains the full lifecycle of a protest and the related procedural requirements, including:

- jurisdictional issues such as timeliness traps and standing concerns
- protective orders and associated pitfalls
- development of a protest, such as shaping the scope of the agency record
- the standard of review applied by the adjudicator
- potential outcomes, including corrective action, withdrawal, or decision, and the types of relief available
- options available after an unfavorable decision

The discussion will be led by experienced Government Contracts attorneys and bid protest specialists, Amy L. O’Sullivan and Puja Satiani, of Crowell & Moring, LLP. Ms. O’Sullivan and Ms. Satiani have been involved in notable bid protests in recent years at the agency level and before both GAO and the U.S. Court of Federal Claims.  They will contribute their bid protest insight and war stories from representing government contractors of all sizes and across a broad range of industries.