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Tuesday, September 27, 2005
Fedmarket.com is pleased to announce our first seminar devoted to bid protests and contract claims. The course will be taught by leading
legal experts from Perkins Coie, LLP.
1. Bid Protests: When Protesting Becomes an Offeror's Weapon of Choice - 9:00 AM to Noon
With millions - sometimes billions - of dollars at stake, it is no fun to lose a competitive procurement. But when is it wise to file a formal protest? How do you take emotion out of the decision-making? What can you do to increase your chances of success? These are critical questions. A wrong decision or a failure to understand and follow the rules only compounds the loss.
In the first half of this one-day seminar, you will learn how to weigh the costs and benefits associated with bid protesting. The Perkins Coie team will help you make sound legal and business decisions, delving into critical issues such as-
- Ensuring the level playing field - How to use escalating techniques to eliminate restrictive, flawed and objectionable solicitation provisions.
- Contesting orders under GSA schedule and IDIQ contracts - What can be challenged and when can it be challenged?
- Gathering intelligence through effective debriefings - How to maximize information to evaluate the agency's selection decision.
- Understanding protest realities:
- Who can protest?
- What issues can be protested?
- What are the "hot" protest issues?
- When must a protest be filed?
- What can a protest achieve?
- Why the awardee needs to intervene
- Selecting the optimal protest forum for your protest:
- Where can protests be pursued?
- What factors drive your choice of forum?
- stage of the procurement
- automatic stay considerations
- need for fact development
- cost considerations
- Where and how to pursue small business issues
2. Contract Claims: How to Resolve Disputes Without Losing Your Customer- 1:00 PM to 4:00 PM
There is no "perfect" Government contract capable of addressing every contingency of performance. Oftentimes, contract disputes are an unavoidable consequence of doing business with the Government. Litigation of contract disputes can be time-consuming and costly, and may also engender an unwanted, adversarial relationship between you and your Government customer. When a dispute arises, contractors must balance their rights and remedies under the contract with their long term business interests.
The second half of this one-day seminar will be devoted to the contract disputes process and the resolution of claims through partnering, negotiation, ADR and formal litigation. The faculty will focus on such issues as-
- Understanding the Contract Disputes process
- Prerequisites of a contractor claim
- Final decisions of the Government contracting officer
- Appeal of an adverse contracting officer final decision
- Use of ADR to resolve disputes prior to litigation
- Partnering approach to conflict avoidance and dispute resolution
- When is ADR appropriate?
- ADR techniques used in resolving contract disputes
- Structured negotiation
- Assistance of a third party
- Adjudicated methods of resolving disputes
- Selection of a Third Party Neutral
- Defining a workable ADR process
- Drafting the ADR agreement
- Conducting a successful ADR
- When all else fails: Litigating contract claims
- Selecting the appropriate forum
- Developing the facts
- The right to an evidentiary hearing where the facts are in dispute
- The decision
- Right of appeal
Federal Sales Academy Location: Class begins at 9:00 am
Seminars conclude with a Q & A period from 4:00 pm to 4:30 pm
Continental breakfast and lunch are provided
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