Government Contracts Bid Protests: Latest Trends, Developments, and Issues Explored!
Bid protests are an important and unique aspect of the Government procurement system. Companies pursuing business with the United States should understand the protest process, the alternative forums for protest adjudication, and the latest developments in protest regulations and case law. Without this knowledge, a company will find itself at a distinct disadvantage in the highly competitive market for Government contracts.
Listen as a seasoned panel of legal and business professionals, brought together by The Knowledge Group, provide an in-depth explanation of the protest process and insightful analysis of the latest protest trends and developments. This LIVE Webcast aims to educate both legal professionals and business executives, so they can better advise their clients and companies as they navigate the Government procurement system.
This LIVE Webcast will discuss the following timely and pertinent topics:
- The Nuts and Bolts of the Bid Protest Process
- Developments in Protest Jurisdiction, Regulations, and Reform
- Bid Protests and Other Transaction Agreements
- Cost and Price Issues in Bid Protests
- Identify the core elements and requirements of a government contract bid protest
- Determine the considerations in filing bid protests at the U.S. Government Accountability Office (GAO) or the Court of Federal Claims
- Recognize the implications of Judge Smith’s ruling in the LOGCAP V protests, the new Lowest-Price Technically Acceptable (LPTA) regulations, and the Section 809 Panel’s protest recommendations
- Identify the considerations in protesting Other Transaction Authority Agreements (OTAs
- Determine the various cost and pricing issues in bid protests
Joshua Duvall, Managing Partner
Matross Edwards LLC
- Bid Protest Overview and Forums
- Pre- and Post-award Issues
- Who May Protest and Timeliness
- CICA Stay
Scott Arnold, Partner
Blank Rome LLP
- Moving Bid Protests From the GAO to the Court of Federal Claims
- Role of the Intervenor in GAO and COFC Bid Protests
- Comments and Supplemental Protests at GAO – Traps for the Unwary
- Protective Orders and Redactions
Kevin P. Mullen, Co-Chair, Government Contracts Group
Morrison & Foerster LLP
- Task Order Protest Jurisdiction: Judge Smith’s Ruling in the LOGCAP V Protests Adds an Important New Wrinkle
- LPTA Solicitations: The Proposed FAR Rule and the New DFARS Rule Impose Formal Restrictions on Agency Discretion
- The Section 809 Panel’s Recommendations: Real Changes for Bid Protests
Elise Farrell, Associate
Akin Gump Strauss Hauer & Feld LLP
Are Other Transaction Agreements (OTAs) Protestable?
- What are OTAs and why are they becoming more widely used?
- How can OTAs lead to protests?
- How have the GAO and Court of Federal Claims treated OTAs and analyzed their jurisdiction over OTAs?
Mary Karen Wills, Managing Director
Berkeley Research Group, LLC
- Why, When and How to Engage Cost Consultants for Bid Protest Success
- Top Cost Realism Issues
- Minimizing Protest Cost and Price Risk in Light of Recent Government Solicitation Requirements Designed to Reduce the Volume of Bid Protests, e.g. ALLIANT II, OASIS
- Curse of the Incumbent - Cost and Pricing Issues Common to Incumbent Bidders
Who Should Attend:
- Contract Managers and Directors
- Government Contracts Lawyers and Consultants
- Compliance Executives
- Cost Managers and Consultants
Joshua Duvall is the founder and managing partner at Matross Edwards LLC, a government contracts and cybersecurity law firm. Mr. Duvall counsels and represents small (8(a), WOSB, SDVOSB, HUBZone, etc.) and mid-size government contractors in a broad range of issues relating to the laws and regulations of Federal procurement, including bid protests before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, and Federal agencies, size protests, debriefings, teaming agreements, joint ventures, cybersecurity, employment, and compliance issues. Mr. Duvall received his law degree from The George Washington University Law School and is a Certified Information Systems Security Professional (CISSP).
Joshua Duvall is the founder and managing partner at Matross Edwards LLC, a government contracts and cybersecurity law firm. Mr. …
Scott Arnold focuses his practice on helping companies succeed in their dealings with government customers, and has extensive bid protest experience. Before entering private practice in 1985, Scott was the Assistant Counsel for Procurement at the Naval Facilities Engineering Command, where he defended all protests filed against NAVFAC procurements and contract awards. In the last 34 years, Scott has represented dozens of government contractors in protests at the Government Accountability Office and U.S. Court of Federal Claims, and has successfully litigated numerous bid protests involving awards in excess of $100 million, and several in excess of one billion dollars.
Scott also has significant experience in litigating contract claims and disputes, counseling clients on cost issues, domestic content requirements, and ethics issues, and helping clients navigate data rights regulations to protect their intellectual property.
Scott Arnold focuses his practice on helping companies succeed in their dealings with government customers, and has extensive bid protest …
Kevin Mullen is co-chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Over the course of his 30-year career, Mr. Mullen has handled more than 250 bid protest cases, representing both protesters and contract awardees before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, federal district courts, and state protest forums. Since 2010, Mr. Mullen has been named a leading national practitioner in Government Contracts Law by Chambers USA. Mr. Mullen is a graduate of the University of Virginia and the University of Virginia School of Law.
Kevin Mullen is co-chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Over the course of his 30-year …
Elise Farrell advises clients on various government contracts and complex commercial litigation matters. She assists with a variety of procurement and contracts issues, including construction litigation, as well as transactional government contracts due diligence and False Claims Act investigations.
Elise also assists in the representation of corporations in internal and government investigations related to government contracts and export regulations, including the International Traffic in Arms Regulations and Export Administration Regulations.
Elise Farrell advises clients on various government contracts and complex commercial litigation matters. She assists with a variety of procurement and …
Ms. Wills is the Practice Leader for the Berkeley Research Group Government Contracts Consulting Practice. She brings over 30 years of experience in the government contracting and commercial industries. She has worked with contractors spanning virtually all industries, including aerospace, biotech, construction, defense, engineering services, health care, insurance, logistics, operations and maintenance, pharma, professional services, technology services and software, as well as grant and cooperative agreement recipients in the not-for-profit and international development industries. She specializes in assisting Federal contractors and commercial companies adapt their processes, structure, and accounting for the unique requirements associated with government contracts and grants.
Ms. Wills’ experience covers a vast range of government contract accounting, administration and compliance related matters, including initial go-to market strategy development to complex cost accounting matters and to contractor litigation and investigation support. She has served as a cost and pricing expert on multiple bid protests at the GAO and the Court of Federal Claims throughout her career.
Ms. Wills is the Practice Leader for the Berkeley Research Group Government Contracts Consulting Practice. She brings over 30 years …
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE); Group-Internet Based
General knowledge of government contracting rules and regulations
NASBA Field of Study:
Auditing (Governmental) – Technical
NY Category of CLE Credit:
Areas of Professional Practice
2.0 CPE (Not eligible for QAS (On-demand) CPE credits)
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About Matross Edwards LLC
Matross Edwards LLC is a government contracts and cybersecurity law firm with offices in Washington, DC and Florida. As a government contracts boutique, the firm's goal is to be the "go-to" law firm for small (8(a), WOSB, SDVOSB, HUBZone, etc.) and mid-size government contractors with respect to their most significant and complex matters involving the laws and regulations of Federal procurement.
Matross Edwards focuses on matters that require extensive Federal government contracts expertise, practical, cost-conscious solutions, and the preservation of our clients' existing relationships with agencies and partners. Focused practice includes bid protests before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, and Federal agencies (including FAA Office of Dispute Resolution for Acquisition), size protests, solicitation review, debriefings, claims and disputes, teaming and joint ventures, regulatory compliance, and cybersecurity issues.
About Blank Rome LLP
Blank Rome is an Am Law 100 firm with 14 offices and more than 600 attorneys and principals who provide a full range of legal and advocacy services to clients operating in the United States and around the world. Our professionals are widely recognized for their leading knowledge and experience across a broad spectrum of industries, as well as their dedication to diversity and inclusion initiatives and pro bono work.
But what really sets us apart is our investment in client relationships—our unwavering commitment to understanding their businesses, the around-the-clock access we provide, and our nimble and customized delivery of services. We treat your goals, ideas, and objectives as our own and fight fiercely for resolutions that are in your best interest. This promise goes deeper than words. It is our creed, adopted and held true at all levels, starting at the very top.
About Morrison & Foerster LLP
With over 1,000 lawyers in 17 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe, and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies, and other market leaders come to MoFo for knowledge, innovation, and business aptitude. MoFo handles some of the world’s largest cross-border transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.
About Akin Gump Strauss Hauer & Feld LLP
With 21 offices, 85 practices and over 900 lawyers and professionals, Akin Gump Strauss Hauer & Feld LLP is among the world’s largest law firms, yet it strives to provide every client with focused and consistent attention. Recognized by BTI Consulting Group as a Client Service A-Team and as one of the top 30 law firms in the U.S., Akin Gump is known for its strength in litigation and high-stakes appellate work, leadership in groundbreaking transactions and depth in public policy. Akin Gump is committed to creating, expanding and protecting its clients’ assets and interests.
Through its network of domestic and international offices, Akin Gump advises companies across myriad industries in both mature and emerging markets. Akin Gump professionals possess a sharp understanding of the intangible factors in economic and political infrastructures, combining it with first-hand government experience at the highest levels around the world.
About Berkeley Research Group, LLC
BRG is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and strategy and operations. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what's next.
We have in-depth experience across a wide range of industries and markets, from Government Contracting, Construction, Energy to Technology and Healthcare. BRG offers clients extensive and unique industry experience combined with a focus on regulatory interpretation and compliance, policy and procedure evaluation, investigation, litigation support, dispute resolution, and advisory services related to complex issues.