Jennifer Schaus & Associates SERVICES FOR US FEDERAL GOVERNMENT CONTRACTORS
Webinar Wednesday Series – 2018 WASHINGTON, DC OFFICE PHONE: 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Join Us for Our 2018 Series of Complimentary Webinars on various US Federal Government Contracting Topics. Presenters are industry experts sharing knowledge about the competitive government contracting sector. Find all of our Govt Contracting webinars (free download) at www.JenniferSchaus.com
Contact Us @ 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
REMINDERS: All webinars are complimentary. All webinars are recorded. They are found on our website and on YouTube. Please send your questions to the speaker directly. Thank you for participating.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT JENNIFER SCHAUS & ASSOCIATES: - Based in downtown Washington, DC; -
A la carte services for Federal Contractors;
Proposal Writing to GSA Schedules, 8a Cert and Contract Administration, etc.; Educational webinars; -
Networking events and seminars;
WEBSITE: http://www.JenniferSchaus.com
Our Upcoming Events: Tuesday, JAN 15 – 2019 CLASS:
Strategies For Teaming, Partnering & Sub-Contracting https://www.eventbrite.com/e/strategies-for-teaming-partnering-sub-contracting-tickets-51163654869
Tuesday, JAN 29 – 2019 CLASS:
Introduction to GSA Schedules https://clients.virginiasbdc.org/workshop.aspx?ekey=140380091\
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
In our weekly newsletter OR In our 2019 Webinar Wednesday Series Contact Mallory.Flowers@JenniferSchaus.com for more information
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT OUR SPEAKER: Mary Beth Mary Beth Bosco is a partner in the Holland & Knight Government Contracts Group. A graduate of Yale University and George Washington Law School, she has over 30 years of experience in government contracts law. Her practice includes counseling contractors regarding government contracts compliance, claims and bid protests, assisting in audit responses and investigations, and advising clients in connection with transactions involving government contractors.
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
COST BENEFIT ANALYSIS BID PROTESTS Wednesday, December 19, 2018
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
Agenda • Review of the protest process • Quick comparison: GAO vs. COFC vs. Agency protests. • Range of outcomes • Strategic Considerations
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
QUICK REVIEW OF BID PROTESTS • Types of Protests: • Pre-award protests: issues such as unduly restrictive solicitation provisions, ambiguous provisions, or improper sole-source determinations. • Post-award protests: issues such as failure to follow solicitation evaluation criteria, unequal treatment of offers, or unreasonable evaluation of proposals. Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
QUICK REVIEW OF PROTESTS • Protest Venues: • Agency • General Accountability Office (“GAO”) • Court of Federal Claims (“COFC”)
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
QUICK REVIEW OF PROTESTS Agency Level
Automatic Stay
No access to documents; no response
35 Days for Decision Cheapest
GAO
Automatic Stay
Access to documents; response allowed
100 Days for Decision Second Cheapest
COFC
No automatic stay; move for injunction
Access to documents; response allowed
4 – 6 months Most expensive
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
What Is the Range of Outcomes?
Terminate the award/solicitation Recompete the contract Reopen discussions Reevaluate proposals Award a contract consistent with procurement laws and regulations
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
STRATEGIC CONSIDERATIONS • Why file an Agency Protest? • • • • •
Least expensive means to obtain the automatic stay. Can ask for review by official above the CO. Less aggressive than other forms of protest. Most often successful when there is a clear error. Most successful used in pre-award context.
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
STRATEGIC CONSIDERATIONS • Why file at GAO?
• “Independent” Review Outside the Agency by GAO attorney • More Burdensome on the Agency “Customer” than Agency Protest • Less formal than COFC • Can trigger Automatic Stay just by filing (if requested) • Decision within 100 days • Attorneys can review the full evaluation record • Possible recovery of protest costs (attorneys’ fees) • Awardee can intervene
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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
WHY FILE AT COFC? • Judge makes the decision. • Department of Justice represents the agency. • Review is on the Administrative Record; court has more enforcement authority on procedural issues. • Must move for a temporary restraining order/preliminary injunction in order to stop contract from proceeding. • Awardee can intervene. • Oral argument Presenter Logo here
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC
www.JenniferSchaus.com
OTHER CONSIDERATIONS • How strong is your case? • •
Are you challenging the agency’s judgment? Can you make a case that the agency has violated the FAR or the solicitation provisions?
• Are you the incumbent? • Are you bidding on other contracts at the agency? • Consider filing at GAO and re-evaluating after receipt of the agency report.
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THANK YOU FOR ATTENDING!!
WWW.JENNIFERSCHAUS.COM
QUESTIONS? CONTACT OUR SPEAKER Mary Beth Bosco AT 202-469-5270 AND AT Marybeth.bosco@hklaw.com
SERVICES FOR US FEDERAL CONTRACTORS
OFFICE: 2 0 2 – 3 6 5 – 0 5 9 8