Hot Topics & Notable Developments in Bid Protests: From the GAO to the Federal Circuit

As the Federal Government commits billions of dollars each year in contracts for goods and services, bid protests before the General Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) continue to provide a means for advancing transparency and fairness in the procurement system and the U.S. Court of Appeals, for the Federal Circuit continues to issue noteworthy decisions in appeals from protests at the COFC. Bid protests are a key part of Federal contract competitions, and contractors and their counsel should keep abreast of important protest cases and related events.

In this course, three experienced bid-protest attorneys from Miles & Stockbridge, Cameron Hamrick, Pete Dungan, and Chris Denny, will discuss hot topics in bid protest cases at the GAO, the COFC, and the Federal Circuit, while providing background and context for each of the topics. In addition, the presenters will discuss significant developments and trends associated with bid protests, including several legislative provisions.

Learning Objectives:

1. Identify the steps involved in prosecuting or defending a bid protest at the GAO or the COFC, from the procuring agency's award decision through receipt of a protest decision
2. Discuss appeals to the Federal Circuit from a COFC decision
3. Address trends in bid protest cases, including Merger and Acquisition (M&A) considerations; Key Management Personnel (KMP) issues; Other Transactions (OTs); Cybersecurity and supply chain risks; and notable Federal Circuit decisions
4. Break down bid protest developments, including GAO's new Electronic Protest Docketing System (EPDS), DOD's enhanced post-award debriefings, the Section 809 Panel, the Rand Study of bid protests in DOD acquisitions, DOD's Pilot Program on protester payment of costs for denied GAO protests, and GAO's latest statistics