Bid Protest Explosion: An Overview of Federal Bid Protests

Across the board, the volume of bid protests is up, way up. Both the Government Accountability Office (GAO) and the United States Court of Federal Claims have seen huge increases in their protest dockets over the past couple of years. As the Obama Administration moves forward with its goal of cutting wasteful spending on contracts and getting better value for the taxpayer dollar, and in light of the current federal budget constraints, this bid protest frenzy will likely continue.

With more contractors fighting over procurements, it is important for companies that conduct business with the federal government, or that are thinking about conducting business with the federal government, to understand the bid protest process. Such an understanding is necessary for businesses that want to be competitive in the federal marketplace.

This 90-minute webinar will provide an overview of the different bid protest forums including agencies, GAO and the Court of Federal Claims, and the pros and cons of each forum, as well as a discussion on how to decide whether to protest or intervene in a protest. In addition, this webinar with discuss common issues related to pre-award and post-award bid protests, the importance of a government debriefing and the implications of the statutory Competition in Contracting Act (CICA) stay of contract performance and temporary restraining orders.

Learning Objectives

• Discover the fundamental differences between the various bid protest forums
• Identify how to spot common pre-award and post-award bid protest issues
• Learn what to ask during a debriefing
• Understand how to decide whether to file a protest
• Anticipate what to do when your contract award is protested
• And much, much more!

Who Will Benefit?

Contractors and suppliers who are currently (or are interested in) contracting with the federal government, and who want to enhance their practical working knowledge of the bid protest process and learn to avoid the pitfalls of this complex, yet important, aspect of the federal procurement system. Attorneys for contractors and suppliers who want to familiarize themselves with the practical applications and business implications of typical bid protest issues, and improve their ability to spot and plan for potential bid protests. Get ahead of the curve — register your team today!

Meet Your Presenters

Michael R. Golden is a partner in the Government Contracts Practice Group of Pepper Hamilton LLP. Before joining Pepper, Mr. Golden was managing associate general counsel for procurement law with the U.S. Government Accountability Office (GAO) in Washington, D.C. There he was responsible for the GAO’s Bid Protest Forum and the Contract Appeals Board. He approved all bid protest decisions issued by the GAO. Mr. Golden also has drafted procurement reform legislation and has testified before congressional committees on the federal acquisition process. The comptroller general has twice awarded Mr. Golden with a Meritorious Service Award.

Mr. Golden is experienced in the areas of ethics, organizational conflicts of interest, small business programs and preferences, Buy American and Trade Agreement Acts, Federal Supply Schedule purchases, task order contracting, performance-based contracting, commercial item buying, cost and pricing, competitive sourcing, source selection procedures, non-competitive procedures, major weapons system acquisition and contract administration.

Mr. Golden is a frequent lecturer and author and has served on the editorial board of The Procurement Law Advisor. He also is an instructor at the George Washington University Law School Government Contracts Program. Mr. Golden is a co-author of “Winning Proposals and Pricing/Cost Strategies: A Guide for the Federal Contractor,” (Revised), 2011. Additionally, Mr. Golden is co-chair of the American Bar Association’s Section of Public Contract Law Government and Corporate Counsel Committee.

Heather Kilgore Weiner is a senior associate in the Government Contracts Practice Group of Pepper Hamilton LLP. Prior to joining Pepper, Ms. Weiner was a law clerk for the Honorable Mary Ellen Coster Williams, U.S. Court of Federal Claims, where she was involved in bid protests. Additionally, over the past six years at Pepper Hamilton, Ms. Weiner has participated in the prosecution and defense of numerous bid protests before administrative agencies, the U.S. Government Accountability Office and the U.S. Court of Federal Claims. Ms. Weiner’s practice also includes a wide range of other government contract issues including, proposal preparation and business counseling, small business issues, including size protests and NAICS code appeals, compliance reviews and audits, congressional investigations and subpoenas, General Services Administration and Veterans Affairs Multiple Award Schedules, Freedom of Information Act issues, domestic source restriction (i.e., Trade Agreements Act, Berry Amendment and Buy American Act) and claim preparation.

This Course is Eligible for CPE Credit

L2 Federal Resources is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org.

CPE Credit: 1.5 hours
Prerequisite: None
Advance Preparation: None
Course level: Basic

Continuing Legal Education (CLE) Credits

CLE requirements vary by state. If you would like to receive CLE credits for this webinar please contact customer service at (202) 238-9597.

Policy on Refunds and Cancellations

Your satisfaction with this training program is guaranteed. If you encounter difficulties prior to or during a course, please contact customer service at (202) 238-9596.  If you are dissatisfied with a course for any reason, you may receive credit toward a future course or a full refund. In the event that this course is cancelled, participants are notified immediately via email and offered a full refund. If the course is rescheduled, participants have a choice of a full refund or having their registration transferred to the new date.