HOW: The Mechanics of Bid Protests – A Hands-On Workshop to help you Decide How, When, and Where to Prosecute (or Defend Against) Protests Successfully

If your company does business with the federal government, the chances are pretty high that you’ve heard the phrase “bid protest” before. But what exactly is a bid protest, and what must every contractor understand about the process? In this course, veteran government contracts attorneys Franklin Turner and Alexander Major – Co-Leaders of McCarter & English’s Government Contracts & Export Controls Practice Group – will give companies critical insight in order to maximize their chances of success in prosecuting and defending against bid protests.

Agenda

• Introduction to the Protest Process
• Why Protest?
• Types of Protests
  • Pre-award
  • Post-award
• Preparing to Protest
  • Legal Considerations
  • Business Considerations
• Choosing the Forum
  • Agency
  • General Accountability Office (“GAO”)
  • Court of Federal Claims (“COFC”)

BREAK FOR LUNCH

• Protesting at the Agency
  • Overview
• Protesting at the GAO
  • Timeliness Requirements
  • Debriefings
  • Automatic Stay
  • Filings
  • Protective Orders
  • Document Production
  • Supplemental Protests
  • Hearings
  • Remedies
  • Key Statistics
• Protest at the COFC
  • Differences From the GAO Protest Process
• Pre-award Protests
  • Successful Arguments
  • Unsuccessful Arguments
• Viable Post-award Protests
  • Successful Arguments
  • Unsuccessful Arguments
• Defending Against Protests
  • Effectively Assisting the Agency
    • What To Do
    • What Not To Do
• Conclusion