December 04, 2020 Public Contract Law

2020 Virtual Federal Procurement Institute

US Capitol

US Capitol

Details on how to access on-demand sessions

If you previously purchased an individual session or meeting package, links to those on-demand recordings can be found in the confirmation emails sent by the ABA service center, or by accessing your Order History in your My ABA Dashboard.  

Find step-by-step instructions on how to access your on-demand sessions

On-Demand: Bid Protest

Whither & Whether to Protest: New Legislative & Judicial Developments and their Impact on Filing Decisions

Every year, between 2,500 – 3,000 bid protests are filed at GAO, with another 100 – 200 protests filed at the Court of Federal Claims. Yet year in and year out, less than 20% of GAO protests are sustained, and the win rate is even lower at COFC. In addition, new DoD and legislative agendas seek to curtail a contractor's ability to protest. Given these facts, and the legal fees and other costs associated with protesting, why protest at all?

This panel will present industry and outside counsel perspectives on why the ability to protest provides important protections to the contractor and helps ensure integrity in the procurement process. The panelists will discuss the practical considerations that enter into where and whether to protest, and the impact that proposed legislation and recent judicial decisions have had on that decision-making process.

Panelists

  • Justin A. Chiarodo, Partner, Blank Rome, Washington, DC
  • Seth Locke, Partner, Perkins Coie, Washington, DC
  • Erin B. Sheppard, Principal & Associate General Counsel, Booz Allen Hamilton, McLean, VA

Moderator

  • Anuj Vohra, Partner, Crowell & Moring, LLP, Washington, DC

Earn your on-demand CLE

On-Demand: ADR

View from the Inside: Perspectives on the Qualities of ADR in Different Fora

ADR is not the same in every forum in which parties seek resolution of procurement and contracting disputes. In GAO, for instance, where bid protests constitute the vast majority of cases brought, almost all ADR consists of outcome prediction by the assigned attorney. By contrast, the robust ADR programs at the Boards of Contract Appeal, ODRA, and the Court of Federal Claims tend to emphasize mediation, but not exclusively, and each tribunal has a slightly different approach. Here, the panelists will discuss the ADR experience at their respective venues and provide insights into the most effective presentations and strategies for litigants.

Panelists

  • Hon. Marie A. CollinsAdministrative Judge & Dispute Resolution Officer, Federal Aviation Administration, Washington, DC
  • Hon. Marian E. SullivanAdministrative Judge, U.S. Civilian Board of Contract Appeals, Washington, DC
  • Ralph WhiteManaging Associate General Counsel for Procurement Law, U.S. Government Accountability Office, Washington, DC
  • Hon. Owen WilsonVice Chairman, Armed Services Board of Contract Appeals, Falls Church, VA
  • Hon. Mary Ellen Coster WilliamsJudge, U.S. Court of Federal Claims, Washington, DC

Moderator

  • Patricia M. McCarthyAssistant Director — Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC

Earn your on-demand CLE

On-Demand: Social Media Ethics

Ethics Issues Regarding Social Media & Government Contracting

This presentation will address the various social media tools that populate our daily lives and how social media has become a component of attorney competence. The panel will discuss the various applicable ABA model rules and some select states' rules of professional conduct that apply when addressing social media-related issues in legal practice generally, and particularly as these issues may apply to the government contracting community.

Panelists

  • Thomas MasonPartner, Harris, Wiltshire & Grannis LLP, Washington, DC
  • Andrew D. PilantSenior Counsel, Huntington Ingalls Industries, Inc., Avondale, LA
  • Preston L. PughMember, Miller & Chevalier Chartered, Washington, DC
  • Abigail (Abi) StokesAssociate, Miller & Chevalier Chartered, Washington, DC

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On-Demand: Government Construction

Government Construction Contracts in a Recession or Economic Downturn — How to Protect Your Rights & Determine Your Remedies

The government construction contracts panelists will explore the following subtopics:

  • The Miller Act — How to make a claim on a payment bond
  • Releases & waivers and how to incorporate Reservation of Rights language
  • Bankruptcy — A subcontractor or general contractor files

Panelists

  • Olya AntleAssociate, Cooley LLP, Washington, DC
  • Shawn KellyClaims Counsel, Travelers Casualty & Surety Company of America, Hunt Valley, MD
  • Jonathan MitzEnnis Electric Co, Vice President, Manassas, VA
  • Kyle P. MurphyVice President & Senior Claims, IAT Insurance, Owings Mills, MD

Moderator

  • Erin Frazee MasiniSenior Associate, Fox Rothschild LLP, Washington, DC

Earn your on-demand CLE