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Bid Protests from All Angles Series 2024 | Pre-Award Protests: Challenging the “Ground Rules” of a Procurement (Part 1)

Jeff Chiow will lead a four-part series with the Public Contracting Institute to provide a comprehensive understanding of the options and considerations that go into challenging (or defending) the award of a government contract, i.e. a bid protest. This is not a review of cases, but rather a distillation of the legal, procedural, and practical factors that inform the litigation of bid protests.

The course will cover pre-award protests, post-award protests, corrective action and an assortment of special protest topics, including challenges to the award of Other Transaction Agreements, research and development contracts, and state and local bid protests. Decision-makers and practitioners will gain insights to take better-informed actions in bid protests, whether they are filing or defending them.

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Part 1: Pre-Award Protests: Challenging the “Ground Rules” of a Procurement
Wednesday, September 4, 2024 – 10-11:30 a.m.

When discussing bid protests, companies tend to focus on post-award bid protests, brought by an offeror who was not selected for award. Companies in that situation often complain about an unfairness or error in the procurement. Too often, contractors find themselves with no remedy because GAO or the Court determines that the protest implicates an untimely challenge to the ground rules of the procurement. Jeff will explain why reluctant contractors may want to add pre-award protest considerations to their capture planning.

Learning Objectives:
  • Identifying Problems
  • Shaping the Procurement
  • Agency, GAO or CoFC
  • Filing Deadlines and Tactics
  • Customer Relations