Federal Infrastructure Contracting 2023 – Effective Utilization of Debriefings and Bid Protests

During this session, our experts will discuss:

• What are bid protests, and how do you use them to obtain contract awards?
• Who can file a bid protest and what parties are involved?
• Where can you file a bid protest, and what is the deadline to file a bid protest?
• What are some common bases for bid protests?
• What you can, and can’t get, in both pre-award and post-award debriefing
• Best practices for debriefings (how are they conducted, who should attend, what about enhanced debriefing?)
• How to tell a winning protest from a losing protest
• How does the bid protest litigation work?

Federal Infrastructure Contracting 2023: Sept 14, 21, 28, October 5, 12, 19, 2023; 2:00-3:30pm

Critical Concepts In Federal Infrastructure Contracting: In this series, experienced Government contracting attorneys Cara Wulf and Maria Panichelli will provide an overview of issues relevant to construction and infrastructure prime and subcontractors doing business with the Federal government.  From formation to effective use of bid protests to obtain award; from common claims bases for REAs and CDA Claims against the Government to subcontractor Miller Act claims, attendees will learn how to navigate the FAR and other laws and regulations applicable to construction and infrastructure contracting.  Various domestic preference statutes, and related developments from the Build America, Buy America Act, will also be discussed.

Bullet points for sessions:

Sept 14 – Formation

• Types of Contracts
• Pros and Cons of Fixed-Price vs. Cost-Type for Infrastructure/Construction Contracting
• Contracting by Negotiation (FAR Part 15)
• Commercial Item Contracting (FAR Part 12)
• Sole Source Contracting
• Negotiating and Entering Into Subcontracts

Sept 21 – Effective Utilization of Debriefings and Bid Protests

• What are bid protests, and how do you use them to obtain contract awards?
• Who can file a bid protest and what parties are involved?
• Where can you file a bid protest, and what is the deadline to file a bid protest?
• What are some common bases for bid protests?
• What you can, and can’t get, in both pre-award and post-award debriefing
• Best practices for debriefings (how are they conducted, who should attend, what about enhanced debriefing?)
• How to tell a winning protest from a losing protest
• How does the bid protest litigation work?

Sept 28 – Common Claim Issues in Construction Contracting Part 1 – Changes and Defective Specifications

• The FAR Changes Clause
• Express v. Implied/Constructive Change
• Notice Requirements
• Common Government Defenses
• Defective Specifications and Designs
• Design Specifications v. Performance Specifications
• Patent v. Latent Defects

Oct 5 – Common Claim Issues in Construction Contracting Part 2 – Differing Site Conditions and Delays/Disruption/Suspension

• Type I and Type II Differing Site Conditions under the FAR Differing Site Conditions Clause
• Differing Site Conditions v. Defective Specifications
• Notice Requirements
• Inspection Requirements
• Delays v. Disruption/Inefficiency v. Suspensions
• Critical Path
• Compensable v. Excusable v. Concurrent Delay

Oct 12 – A Primer on Federal Miller Act Claims

• What is the Miller Act?
• What is the Miller Act meant to do?
• Who can file a Miller Act claim, and who is it filed against?
• Deadlines and Notice provisions applicable to Miller Act
• Defenses used in Miller Act claims
• The interaction of the Miller Act and subcontract disputes clauses

Oct 19 – Buy America(n) in Infrastructure Contracting

• Fundamentals of the Buy American Act (BAA)
• Fundamentals of the Trade Agreements Act (TAA)
• BAA/TAA in DOD Construction/Infrastructure Contracts
• Build America, Buy America (BABA) Requirements for Federal Financial Assistance Projects for Infrastructure
• Agency application (and waiver) of BABA requirements

Federal Infrastructure Contracting Series 2023