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Who should attend:

Any individual who may be involved in bringing a bid-protest to and agency, involved in the bid proposals and post-award efforts including:

    • Senior or mid-Level Contracts personnel

    • Business Development

    • Proposal Writers

    • Attorneys

    • Compliance

    • Cost and Price Managers

    • Financial Analysts

    • Sub and Prime Contractors

Should have an understanding of Government Contracting process and regulations before taking this class.

What you will learn:

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

    • Rotective 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 Laderberg O’Sullivan, Jonathan Baker, and Olivia Lynch, of Crowell & Moring, LLP. Ms. O’Sullivan, Mr. Baker, and Ms. Lynch 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.

Materials include:

    • Government Contract Bid Protests: A Practical and Procedural Guide

    • Presentation Slides

Dates and Locations
September 19, 2017
Waterview Conference Center at CEB
Arlington, VA, Virginia
$900
REGISTER
DAILY SCHEDULE
9:00 AM - 4:00 PM
Daily Schedule

 

  • Overview of Protests
  •  Protest basics and background
  •  Debriefings
  •  Considerations before protesting
  •  Forum selection

Break

  •  Agency Protests
  •  Lifecycle of a GAO Protest
  •  Jurisdictional issues
  •  Automatic stay
  •  Document production 
  •  Protective orders 
  •  Filings 
  •  Hearings
  •  Standard of review


 Lifecycle of a GAO Protest (cont’d)

  •  Potential outcomes, including corrective action, withdrawal, and GAO decision
  •  Remedies• Lifecycle of a Court of Federal Claims Protest
  •  Similarities/differences from GAO protest
  •  Jurisdictional issues

 Break

 Lifecycle of a Court of Federal Claims Protest (cont’d)

  •  Pre-filing and filing a protest 
  •  Development of a protest, including filing the administrative record and motions
  •  Available relief
  •  Appealing the decision
  •  Other Court of Federal Claims Protest Topics
  •  Challenging the override of an automatic stay
  •  Protesting at the Court after a GAO decision

Jonathan Baker

Jonathan Baker is a Counsel in Crowell & Moring’s Government Contracts practice group.

Jon’s practice focuses on a wide range of government procurement law, including bid protests (state, federal agency, GAO, FAA’s Office of Dispute Resolution for Acquisition, and the Court of Federal Claims), patent and data rights, contract claims and terminations, and investigations of potential civil and criminal matters.


Olivia Lynch

Olivia Lynch is an Associate in the Government Contracts practice group.

Olivia represents government contractors in bid protests before the FAA’s Office of Dispute Resolution, GAO, and the Court of Federal Claims, as well as in civil litigation and arbitration.  Her practice also involves counseling on regulatory and compliance issues.


Amy O'Sullivan

Amy Laderberg O'Sullivan is a Partner in the Government Contracts practice group. 

Amy's practice involves a mix of litigation and day-to-day counseling for corporate clients of all sizes and levels of experience as government contractors. On the litigation side, she has represented corporate clients in bid protests (agency level, GAO, and Court of Federal Claims), protests before the Small Business Administration, claims litigation before the various Boards of Contract Appeals, Defense Base Act claims litigation at the Administrative Law Judge and Benefits Review Board levels, civil and criminal investigations, and she has been involved in complex commercial litigation.

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CPE HOURS
This Program is eligible for: 6.5 (CPE) hours of credit
Program Level: Intermediate
Program Prerequisite: None
Advance Preparation: None
Method: Goup Live
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 6.0 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 5.5 (60 minutes), 6.5 (50 minutes)
Waterview Conference Center at CEB
1919 North Lynn Street
24th Floor
Arlington, VA, Virginia 22209
5713034041
TRAVEL INFORMATION
METRO RAIL LINE:
Yellow & Silver Line – METRO Stop – Rossyln
From the METRO - 1 Block East and 2 Blocks North on Lynn Street (Deloitte & CEB Offices)

There is no room block for this location.  Suggested nearby hotels include:

Hyatt Arlington (0.2 mi SW)
1325 Wilson Blvd, Rosslyn, VA
703-525-1234

Le Meridien Arlington (156 ft. SE)
1121 19th St. N., Arlingotn, VA
703-351-9170

Holiday Inn (0.1 mi W)
1900 North Fort Myer Drive, Arlington, VA
703-807-2000

Marriott Key Bridge (0.2 mi NW)
1401 Lee Highway, Arlington, VA
703-243-1093
100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
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Bid Protests: Practice, Procedure and Strategy
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Date Location
September 19, 2017 Arlington, VA, Virginia
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