Debriefing and Protests in Federal Government Contracts

(2019 Ratings)

Produced on: October 20, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 92 minutes
Difficulty Intermediate

The source selection process is extremely competitive in today’s federal contracting market. As a result, many solicitations ultimately involve bid protests. These protests require complex legal analyses, under extremely short deadlines. Therefore, a thorough understanding of the protest process, including the legal issues commonly involved in that process, are vital to success. And a successful protest can mean the difference between getting a contract or losing that contract to a competitor.  

In this session, all aspects of the protest process will be covered including when and where to file your protest, as well as strategies for maximizing your chances for a positive outcome. Learn how a contractor can use debriefings and protests as an affirmative tool to get the contract it wants. This session will also cover how contractors can defend against protests brought by their competitors.


Learning Objectives:

  1. Understand the basics of protesting government contract awards including when and where to file protests
  2. Acquire strategies for maximizing positive outcomes with your protest
  3. Lean how to use debriefings and protests as affirmative tools to receive government contracts
  4. Obtain the skills to defend against protests brought by other government contractors

Faculty

Amy M. Kirby

Cohen Seglias

AMY M. KIRBY is an Associate in the Federal Construction Group and focuses her practice on government construction litigation. Amy’s practice includes a wide variety of federal construction matters. She provides support to clients during all stages of contract management from assisting with the preparation of contract proposals through negotiating final contract close­out and beyond. Specifically, Amy assists clients with preparation of proposals and bids, as well as representing their interests related to pre and post award bid protests. She advises clients on various issues that arise during contract performance such as differing site conditions, changes, and defective specifications. Amy works with clients on all manner of contract concerns including payment issues, requests for equitable adjustments, claims, and terminations for both convenience and default. She represents clients in dispute resolution at the contractor level, as well as appeals before the various Boards of Contract Appeals, the Court of Federal Claims and various state and federal courts.

Prior to joining Cohen Seglias, Amy was an Assistant Public Defender in Portsmouth, VA. During her time with the Public Defender’s Office, Amy tried numerous jury trials gaining extensive litigation experience. Prior to her time in the Public Defender’s Office, Amy worked for the U.S. Army Corps of Engineers in Winchester, VA. Litigation was Amy’s primary focus while with the Corps of Engineers, where she worked on numerous appeals before the Armed Services Board of Contract Appeals as well as protests with the Government Accountability Office.



Maria Panichelli

Cohen Seglias Pallas Greenhall & Furman

Maria’s practice focuses on all aspects of federal government procurement law, including bid protests, Contract Disputes Act (CDA) claims and litigation, statutory and regulatory compliance counseling, and small business procurement. She represents a variety of government contractors including construction contractors, information technology and information system contractors, advisory and assistant service contractors, security contractors, dredging contractors, environmental remediation contractors, and suppliers. Maria counsels and guides her clients through the entire lifecycle of their government contracts, providing comprehensive representation that allows her clients to navigate complicated legal requirements while fulfilling their own business goals.

Maria represents clients before numerous federal agencies, the Government Accountability Office (GAO), and various federal and state courts. Her practice includes contract interpretation matters, performance counseling, the drafting and negotiation of Requests for Equitable Adjustment (REA) and claims, claims litigation and appeals, the resolution of subcontractor disputes, including through the use of pass-through claims and liquidating agreements, and Miller Act bond claims. Though her practice is not limited to construction alone, Maria has substantial experience with a wide range of construction-related issues such as defective designs, defective specifications, differing site conditions, changes, suspensions, delays, liquidated damages, and contract terminations. Maria regularly counsels clients regarding compliance with the Federal Acquisition Regulation (FAR) and its supplementary regulations, the False Claims Act, the Buy American Act, and other federal regulations.

Having acquired substantial experience with the government’s 8(a), SDVOSB, WOSB and HUBZone small business programs, Maria provides assistance to clients competing for small business program set-aside contracts. She assists clients with small business eligibility analyses and has successfully challenged negative agency findings regarding clients’ SDVOSB, HUBZone, and 8(a) eligibility and defeated size- and status-related bid protests brought by clients’ competitors. As part of her practice, Maria has considerable experience drafting teaming and joint venture agreements and advising small business clients on potential affiliation problems, subcontracting requirements, and the SBA’s mentor-protégé programs.

Maria is active in numerous federal contracting- and construction-related professional associations and is a frequent contributor to the firm’s Federal Construction Contracting Blog. She works closely with APTAC and many individual Procurement Technical Assistance Centers, providing educational content for a variety of government contractors. Maria is also a community partner at Govology, a legal content contributor to VetLikeMeTargetgov, and Onvia, and a faculty member at the Government Contracting Institute.

Reviews

YS
Yvette S.

Very informative

SW
Stephen W.

Remarkably knowledgeable . . . exceedingly practical . . . "conversant" delivery very engaging

DB
Daniel B.

simplified a very complex area of the law for folks who are new to it, well done.

AM
Alex M.

Very informative program.

JC
Joseph C.

Very good instructors

DB
Donald B.

Excellent

BB
Biagio B.

Exceptional! Amazing CLE!

RR
Richard R.

Thank you. Very professional and informative..

MW
Marla W.

Good practical info

SS
Steve S.

Interesting

RD
Robert D.

Excellent presentation, very easy to understand to a non-government contracts attorney.

NF
Nathaniel F.

Excellent overview,

JF
JW F.

Young professionals who knew their subject cold

HH
Hans H.

Perhaps the best program I have seen n Lawline and I have seen many

RM
Rondal M.

The lecturers packed a lot of technical and practical content into a very well organized presentation

JM
Joseph M.

Good course.

AK
Amy K.

nice to see women instructors

LD
Louis D.

Excellent overview!

RB
ROBERT B.

Wow, a lot to digest.

TG
Thomas G.

good

GH
george h.

In my opinion the speakers were very informative. Thank you.

JB
Jeffrey B.

ok

KB
Kathleen B.

lots of great detail!!

IK
Isaiah K.

Thank you.

RN
Robert N.

good course

WF
William F.

Very knowledgeable presenters.

JM
Jo M.

Speedy but thorough coverage of a complex topic. Very well presented by two knowledgeable attorneys.

JT
John T.

Well done!

TD
Thomas D.

Incredible presentation. Very knowledgeable and expert practitioners.

JW
julia w.

great CLE

AC
Audrey C.

Excellent: full of information. Thanks!

AM
Agnes M.

Very detailed and useful material. I was much impressed by Ms. Panichelli and Ms. Kirby - excellent presentation!

FS
Felecia S.

Great speakers!

AF
Aubrey F.

Another informative government contracting CLE. Well done!

CA
Christina A.

Great to have something intellectually-stimulating to do during my commute!

RS
Robert S.

Overall this program was very informative and helpful.

DS
Deborah S.

Presenters were well versed in their content area.

MW
Mary F W.

This was a helpful overview of the framework for these types of cases.

SW
Silda W.

Very knowledgeable practitioners

BP
Benjamin P.

Not anywhere near my practice area, but interesting nonetheless.

SC
Silvia C.

Good.

RL
Rosa L.

The course offered good procedural information and legal advice related to the topic.

KP
Katherine P.

well done!

DG
David G.

Highly informative and interesting presentation.

HW
helen w.

very good information!

MD
Matthew D.

very good

PC
Patricia C.

lecturers were knowlegable and interesting

PS
Paul S.

A lot of information packed into an hour and one-half.

JM
JC M.

Very informative. Super knowledgeable attorneys.

WH
William H.

Good presentation. Thorough and detailed.

PR
patrick r.

liked two presenters-- especially in a slightly longer program

LC
Lourdes C.

Amy & Maria gave a great presentation. Would love to see a presentation on state government contracting - which those in the field know is not as centralized and orderly as fed govt contracting

RS
Robert S.

very well prepared and presented

JS
John S.

Great course.

DD
Davina D.

Very practical training.

LE
Linda E.

Absolutely super presenters. Wish they were doing the entire series.

JR
James R.

Very good seminar. Presenters knew the subject matter.

JH
Jackie H.

Lots of good reference information. Thanks.

RS
Robert S.

Very good program

NK
Nikki K.

nice job - difficult material

JM
John M.

Good Presentation.

GK
George K.

Great course.

KC
Keric C.

Excellent presentation

MA
Michael A.

Very informative presentation.

GT
gretal t.

Great presentation - very informative!

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