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:
AMY M. KIRBY is a Deputy City Solicitor in the Affirmative and Special Litigation Department for the City of Philadelphia.
Maria is a partner and the Chair of the Government Contracting department. She focuses her practice exclusively on federal government contracting and procurement, guiding her clients throughout the entire lifecycle of their federal contracts. She provides comprehensive legal counseling that allows her clients to successfully navigate the complicated legal requirements related to federal contracting while fulfilling their own business goals.
Maria’s prior legal experience in corporate litigation and risk management counseling has given Maria a unique perspective. Recognizing that a client must focus on what is best for business, her goal is to never unilaterally dictate strategy. She seeks to provide clients with the legal advice they need to make the right business decision. To that end, she works with her clients, providing counseling on the law while simultaneously being counseled by the client about their particular business needs. Maria works to find a solution that not only solves a client’s legal issues, but advances that client’s business plan and is consistent with that client’s mission.
In her free time, Maria is an avid world traveler. Traveling to a new destination, doing a history tour, and then meeting locals and talking to them about their history, culture and current events is her ideal vacation. When she’s not on the move, she can still be found eagerly researching her next destination and its culture, religion, customs, and history.
EXPERIENCE
Maria’s practice includes pre- and post-award bid protests, contract interpretation and performance counseling, the preparation of Requests for Equitable Adjustment and Contract Disputes Act (CDA) claim litigation, statutory and regulatory compliance counseling, resolution of subcontractor disputes (including the negotiation of liquidating agreements, and the use of pass-through claims and Miller Act bond claims), contract terminations, and all aspects of small business procurement. She has represented a wide variety of government prime and subcontractors including construction contractors, information technology and information system contractors, medical staffing contractors, advisory and assistant services contractors, security contractors, dredging contractors, environmental remediation contractors, and suppliers. Her clients are located, and work, both across the United States and abroad.
Having acquired substantial experience with the government’s 8(a), SDVOSB, WOSB and HUBZone small business programs in particular, Maria provides effective assistance to clients applying for small business certification, or competing for small business program set-aside contracts. She routinely assists clients with eligibility analyses and certifications, has successfully challenged negative agency findings with regard to clients’ SDVOSB, HUBZone and 8(a) eligibility, and has successfully defeated size and status protests brought by clients’ competitors. Maria has considerable experience drafting teaming and joint venture agreements, as well as helping clients navigate the SBA Mentor-protégé programs. Maria advises small business clients with regard to potential affiliation and control problems, as well as subcontracting requirements. Her small business practice also involves drafting corporate governance documents that will comply with small business program eligibility requirements.
Maria has represented her clients before numerous federal agencies, the Government Accountability Office (GAO), the Contract Boards of Appeals as well as the Court of Federal Claims and the United States Court of Appeals for the Federal Circuit, and other state and federal courts. 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; express, implied and constructive changes; suspensions; delays; and liquidated damages.
Very well presented and explained.
Great Job!
They are simply excellent.
Very informative
Remarkably knowledgeable . . . exceedingly practical . . . "conversant" delivery very engaging
simplified a very complex area of the law for folks who are new to it, well done.
Very informative program.
Very good instructors
Excellent
Exceptional! Amazing CLE!
Thank you. Very professional and informative..
Good practical info
Interesting
Excellent presentation, very easy to understand to a non-government contracts attorney.
Excellent overview,
Young professionals who knew their subject cold
Perhaps the best program I have seen n Lawline and I have seen many
The lecturers packed a lot of technical and practical content into a very well organized presentation
Good course.
nice to see women instructors
Excellent overview!
Wow, a lot to digest.
good
In my opinion the speakers were very informative. Thank you.
ok
lots of great detail!!
Thank you.
good course
Very knowledgeable presenters.
Speedy but thorough coverage of a complex topic. Very well presented by two knowledgeable attorneys.
Well done!
Incredible presentation. Very knowledgeable and expert practitioners.
great CLE
Excellent: full of information. Thanks!
Very detailed and useful material. I was much impressed by Ms. Panichelli and Ms. Kirby - excellent presentation!
Great speakers!
Another informative government contracting CLE. Well done!
Great to have something intellectually-stimulating to do during my commute!
Overall this program was very informative and helpful.
Presenters were well versed in their content area.
This was a helpful overview of the framework for these types of cases.
Very knowledgeable practitioners
Not anywhere near my practice area, but interesting nonetheless.
Good.
The course offered good procedural information and legal advice related to the topic.
well done!
Highly informative and interesting presentation.
very good information!
very good
lecturers were knowlegable and interesting
A lot of information packed into an hour and one-half.
Very informative. Super knowledgeable attorneys.
Good presentation. Thorough and detailed.
liked two presenters-- especially in a slightly longer program
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
very well prepared and presented
Great course.
Very practical training.
Absolutely super presenters. Wish they were doing the entire series.
Very good seminar. Presenters knew the subject matter.
Very good program
Lots of good reference information. Thanks.
nice job - difficult material
Good Presentation.
Great course.
Excellent presentation
Very informative presentation.
Great presentation - very informative!