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Practical Guidance for Contractor Counsel Considering a Bid Protest

Streams live on Tuesday, July 14, 2020 at 02:30pm EDT

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Course Information

Time 60 Minutes
Difficulty Intermediate

Course Description

It’s Friday afternoon and your client’s business unit just lost its biggest contract opportunity of the year. The team thought it had a strong proposal. What’s next for the business? Can they request a debriefing? How should they coordinate between the business unit and the legal team to gather information? When must they decide on a protest, and what matters? After a notice of contract award and similar contract actions, lawyers for contractors must be prepared to answer these types of questions against tight deadlines for exercising rights involving evaluation information, protests, and potential relief. The best-prepared attorneys will not just know the applicable legal rules, but also understand the practical aspects of considering a potential bid protest.

In this program, attorneys Craig Smith and Lindy Bathurst discuss these types of practical considerations. This course focuses on how counsel can help contractors maximize information exchange with the Government, the capture team, and elsewhere; identify when to file a protest, and decide where; choose protest arguments, and effectively collaborate with the legal team after the protest is filed. By focusing on the actions contractors need to take, and when, to comply with deadlines and maximize the chance of success, attorneys will learn practical tips in advising their clients on managing protests from start to end.


Learning Objectives:

  1. Prepare for debriefings to maximize information exchange with the Government and the capture team
  2. Plan for meeting short protest-filing deadlines and assessing the available protest forums
  3. Consider approaches to identifying and evaluating potential protest arguments Collaborate with the team after protest filing 
  4. Collaborate with the team after protest filing

Credit Information

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Faculty

Craig Smith

Wiley Rein LLP

Mr. Smith counsels and represents government contractors and subcontractors on a broad range of government contracting issues, including bid protests, contract claims, disputes, as well as government and internal investigations.

 

Representative Experience

  • Litigates bid protests before the Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), including multiple GAO protests of Department of Health and Human Services’ (HHS) awards of Medicare Administrative Contractor (MAC) contracts.
  • Represents contractors proposed for suspension or debarment and contractors facing potential termination for default.
  • Litigates claims before the Armed Services Board of Contract Appeals (ASBCA). Assists in multi-year claim resulting in nine-figure settlement payment to contractor.
  • Conducts internal investigations and also represents contractors in investigations by inspectors general (IGs) of cabinet-level agencies, including representation during employee interviews by IG agents.
  • Counsels clients on compliance with the McNamara-O’Hara Service Contract Act (SCA).
  • Counsels clients in preparing and maintaining government contracts ethics and compliance programs and performs audits of existing compliance programs.
  • Represents pro bono clients in civil litigation, civil rights litigation, and Social Security appeals.

 

Professional Experience

  • Research Assistant, Professor M. Elizabeth Magill, University of Virginia School of Law (2007).


Lindy C. Bathurst

Wiley Rein LLP

Lindy counsels and represents government contractors on a broad range of legal issues, including bid protests, contract claims and disputes, and compliance issues. Lindy, a certified Legal Lean Sigma Institute (LLSI) White Belt, uses the LLSI process and project management tools to continually improve the value proposition the firm delivers to its clients.


EXPERIENCE

Representative Matters

  • Prosecutes and defends bid protests before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC).

  • Represents government contractors in disputes with the federal government, including appeals of contracting officer final decisions to the Armed Services Board of Contract Appeals (ASBCA).

  • Assists clients in preparing certified claims presented to a Contracting Officer.

  • Represents pro bono clients in matters protecting and asserting Constitutional Rights.

Professional Experience

  • Intern, U.S. Department of Homeland Security, Office of the General Counsel, Procurement and Acquisitions Law Group (2015)

  • Intern, The Coalition for Government Procurement (2011-2012)

Practice Areas

CREDENTIALS

Education

J.D., with High Honors, The George Washington University Law School; Order of the Coif

B.S., James Madison University

Law Journals

Notes Editor, The George Washington Law Review

Bar and Court Memberships

  • District of Columbia Bar

Certifications

Legal Lean Sigma Institute (LLSI) White Belt