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    Bid Protest Dismissals at GAO and the Court of Federal Claims [CC]

    Bid Protest Dismissals at GAO and the Court of Federal Claims [CC]
    CLE 90 min

    Bid Protest Dismissals at GAO and the Court of Federal Claims [CC]

    More than half of Bid Protests are resolved by the GAO and the Court of Federal Claims through procedural dismissal, rather than the merits of the protest. This panel will explore when to file a motion to dismiss, the impact of partial dismissals, and dismissing protests based on "speculation" while providing the perspectives of practitioners from government, industry practitioners, and outside counsel.

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      07/27/2024

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      07/27/2024

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      07/27/2024

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      07/27/2024

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      07/27/2024

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      07/27/2024

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      07/27/2024

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      07/27/2024

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      07/27/2024

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    Closed Captioned.

    Of the nearly 2200 protests filed at GAO in FY2020, only 545 cases were resolved in a written decision on the merits. GAO has previously reported that it consistently closes more than 50 percent of protests within the first 30 days of filing. Many of these protests are resolved through procedural dismissals, meaning that less than half of the protests filed at GAO are ever considered on the merits. But even these statistics fail to reflect the true impact of dismissals because the statistics only account for cases in which the entirety of a protest is dismissed. Similarly, motions to dismiss protests at the Court of Federal Claims also can have a significant impact on protests. Overall, dismissals can significantly shape the trajectory of a bid protest. The panel will present government, industry, and outside counsel perspectives on the following:

    •Strategic decision as to whether and when to file a motion to dismiss.
    •The impact of partial dismissals on protests and when to file a partial motion to dismiss.
    •Variance on treatment of dismissal motions/requests based on the judge or GAO attorney
    •Dismissing protests based on "speculation"– the CAMRIS decision and whether GAO's pleading standard is evolving; the differences in pleading standards at GAO vs. COFC
    •Strategic impact of where to file a protest when faced with the possibility of requests for dismissals
    •Requests for dismissal for piecemeal presentation of arguments or evidence
    •Requests for dismissal based on timeliness

    Moderator:
    Daniel J. Stouse, Partner, Cordatis LLP, Arlington, VA

    Panelists:
    Kerry Hotopp, Assistant General Counsel (Acquisition Integrity), Department of the Navy, Office of the General Counsel, Washington, DC
    Robert Wu, Corporate Counsel, Northrop Grumman, McLean, VA
    Elizabeth Jochum, Partner, Smith, Pachter, McWhorter PLC, Tysons Corner, VA
    Delisa M. Sánchez, Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch, National Courts Section, Washington, DC

    Product Details

    Product Code

    PC2107ANNW2OLC

    Duration

    90

    Publication Date

    7/28/2021 12:00:00 AM

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