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.
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Part 3: Corrective Action in Bid Protests: What do we do now?
According to GAO’s own numbers, a third of all bid protests it receives lead to some form of corrective action. And assuming most sustained protests compel corrective action, the numbers consistently top 40%. Despite so many protests leading to corrective action, approaching 1,000 each year, it is difficult to know what twists and turns may follow an agency’s decision to take corrective action. This session will address the uncertainty, including in the relevant decisional authorities, that makes corrective action, a challenging proposition for all involved.
Topics Include:
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 3: Corrective Action in Bid Protests: What do we do now?
Wednesday, September 25, 2024 – 10-11:30 a.m.
According to GAO’s own numbers, a third of all bid protests it receives lead to some form of corrective action. And assuming most sustained protests compel corrective action, the numbers consistently top 40%. Despite so many protests leading to corrective action, approaching 1,000 each year, it is difficult to know what twists and turns may follow an agency’s decision to take corrective action. This session will address the uncertainty, including in the relevant decisional authorities, that makes corrective action, a challenging proposition for all involved.
Topics Include:
- Why agencies take corrective action
- Challenging the decision to take corrective action
- Challenging the scope of corrective action
- Vigilance to preserve protest grounds
- Timeliness traps