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

Produced on July 16, 2019

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Course Information

Time 61 minutes
Difficulty Advanced

Course Description

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



Credit Information

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Faculty

Cameron Hamrick

Miles & Stockbridge P.C.

Cameron Hamrick is a principal at Miles & Stockbridge, and has more than 30 years of experience representing clients in matters across the full spectrum of government contracts law. His clients have included top-tier government contractors, with a particular focus on defense, construction, health care, technology, and energy. He advises clients on a wide variety of contract matters, including procurement integrity and conflict of interest issues, drafting and negotiating contracts and subcontracts, grants and cooperative agreements, cost accounting requirements, defective pricing, cyber security, protection of proprietary data, and terminations for convenience and default.

Cameron has litigated complex contract cases before the federal district courts, the U.S. Court of Federal Claims, federal agency boards of contract appeals and other forums, as well as numerous bid protests before the GAO and the U.S. Court of Federal Claims. He has represented clients in contract audit and disputes matters, False Claims Act litigation, suspension and debarment actions, and civil and criminal fraud investigations. He also has represented clients in several transactions involving the preparation of filings with the Committee on Foreign Investment in the United States (CFIUS), as well as coordination with the Defense Security Service concerning matters covered by the National Industrial Security Program Operating Manual (NISPOM).

Before joining Miles & Stockbridge, Cameron was a partner with Mayer Brown LLP and, prior to that, with Miller & Chevalier in Washington, D.C. Cameron received his law degree from Duke University School of Law in 1985, and his undergraduate degree from Duke University, magna cum laude, in 1981.



Pete Dungan

Miles & Stockbridge

Pete Dungan brings two decades of national security and public procurement law experience to bear for his clients. As an Army veteran, Pete knows failure is not an option when clients trust him with their most important matters – when a billion dollar contract is on the line, when the government seeks to claw back hundreds of millions of dollars, and when a contractor's eligibility to continue winning government business is at risk. 

A litigator by training, Pete secures positive results for contractors in bid protests and contract claims against federal agencies as well as state, local, and educational (SLED) organizations. He is the veteran of more than 80 bid protests at the U.S. Government Accountability Office and the U.S. Court of Federal Claims. Pete is recognized by his peers as a leader in contract disputes, and he serves as co-chair of the American Bar Association Section of Public Law's Bid Protest Committee as well as a vice-chair of its Contract Claims and Disputes Resolution Committee. 

Not only is Pete a litigator who contractors count on, he also possesses deep understanding of the industry. His broad base of experience – gathered from two decades of military service – allows him to provide unique perspectives to his clients in transactional and investigational matters. Pete has advised on some of the most important and complex mergers and acquisitions in the government services industry. And, he is an authority on matters affecting contractors on the battlefield, having served in Afghanistan advising a special operations task force.

Pete recently retired from the U.S. Army Reserve as a Lieutenant Colonel after over 21 years of service, most recently serving as the Deputy Chair and Adjunct Professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School in Charlottesville, Virginia.



Christopher Denny

Miles & Stockbridge


Chris Denny, an associate at Miles & Stockbridge, is a government contracts lawyer. Chris assists his clients with a range of government contracting issues including: small business program compliance (SBA, DOT, state and local programs); Buy American Act compliance, labor compliance (Davis-Bacon and Service Contract Act); and negotiating subcontracts and teaming agreements. Chris also has experience handling bid protest litigation and managing government contract claims and disputes.


Chris received his JD, magna cum laude, from the University of Detroit Mercy School of Law in 2013, where he served as a title editor of the law review. During law school, Chris served as a judicial intern to the Honorable Robert Young Jr. of the Michigan Supreme Court. Chris earned his undergraduate degree in Finance from Michigan State University’s Eli Broad College of Business.



Reviews

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Alexander H.

Great presentation!

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