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Bid Protests: Evaluating Administrative and Judicial Options for Presenting a Protest

Explore and understand the who, what and when of contract bid protests.

This content is designed for contract professionals with five or less years of experience. It explains the fundamentals of bid protests before an agency or a court. We will explore the history and purpose of competitive bidding, the agency perspective on bidding and bid protests, the general principles of bid protests, the difference between pre bid protests, post award bid protests, agency bid protests, judicial bid protests and evaluating the prospects for success on a bid protest. The primary purpose of this topic is to equip contract professionals with a competent understanding of bid protests, the options for presenting a protest and the means of evaluating the likelihood of success.

Runtime: 90 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

History and Purpose of Competitive Bidding

  • Anti-Corruption
  • Benefits of Free Enterprise and Competition for Taxpayers

Agency Perspective on Public Bidding and Bid Protests

  • Fairness to Bidders Is Not a Primary Consideration
  • Considerations Are
    • AntiCorruption
    • Lowest Price
    • Best Quality
    • Promote Small Business

General Principles for Award

  • Lowest Responsible Bidder
  • Lowest Responsive Bidder

Administrative Bid Protests

  • Who
    • Comptroller of the Currency (GAO)
    • State or Local Comptrollers (Copies to Counsel)
    • Heads of Agencies (Copies to Counsel)
  • When -- Before Award (Pre Bid, Also)
  • How -- Letter With Grounds
  • What
    • Proprietary or Closed Specifications
    • Unequal Communications With Bidders
    • Patent Error
    • Evaluation Issues
    • Computation Errors
    • Responsiveness
    • Responsibility

Judicial Bid Protests

  • When - Preferably Pre Award
  • What
    • Proprietary or Closed Specifications
    • Unequal Communications With Bidders
    • Patent Error
    • Evaluation Issues
    • Computation Errors
    • Responsiveness
    • Responsibility

Evaluating the Likelihood of Success

  • Agency Discretion
  • Benefit of the Agency
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on June 26, 2018.

Call 1-866-352-9540 for further credit information.

  • AIA 1.5
     
  • Lorman Business Center, Inc. is registered with the AIA Continuing Education System (AIA/CES). This 1.5 hour program offers 1.5 Learning Unit hours, which will be reported directly to the AIA/CES for AIA members.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Carol A. Sigmond

Carol A. Sigmond

Cohen Seglias Pallas Greenhall & Furman PC

  • Managing partner of the New York office of Cohen Seglias Pallas Greenhall & Furman PC
  • Concentrates her practice on construction industry matters, including contract preparation, mediation, litigation, suretyship, bid protests, appeals, and arbitration
  • Extensive experience litigating construction disputes for public works and buildings in both the public and private sectors
  • Represents New York clients in construction defect litigation relating to issues that arise when adjacent owners develop their properties
  • Current Vice President of the New York State Bar Association and the former President of the New York County Lawyers Association
  • Frequent speaker and author on topics relating to construction law and publishes The Co-Op Condo Help Line appearing monthly in various Mann Report publications
  • Member of Law360‘s 2019 Construction Editorial Advisory Board
  • Sits on the Lawyers Council of the Citizens Crime Commission of New York City and is a member of the Construction Lawyers Society of America
  • J.D. degree, The Catholic University of America School of Law; B.A. degree, Grinnell College
  • Can be contacted at [email protected] or 212-871-7400
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Product ID: 402857
Published 2018
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