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Strategies to Overcome Procurement Disputes

Gain a better understanding of the concepts that take place during any given rise to procurement challenges and disputes.

Many federal, state and local government contractors failed to maximize their procurement opportunities and effectively deal with the challenges that arise from those opportunities because they do not understand, or are reluctant to use, the procedures provided to them by applicable law and regulation to ensure that they receive fair and honest consideration by government agencies in the pursuit of contracts and in performing them without loss or default. This topic helps contractor management, capture, and administration teams to understand the issues that may arise at all phases of the procurement process from draft solicitation to final contract close out and the means available to effectively handle those challenges by the bid protest and disputes/claims processes available to them, using the federal system, with some particular state and local references as well, as an instructive guide. Emphasis will be placed upon such important sub-topics as ensuring interested party status, complying with all timeliness and other filing and procedural requirements, and understanding what issues to raise and facts to support them that will maximize the contractor's ability to file a successful protest, to successfully defend against a competitor's protest, and to obtain a satisfactory result in a request for equitable adjustment or claim.

Runtime: 109 minutes
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Agenda

Contract Formation

  • Pre-Award Procurement Challenges and Disputes/ How to:
    • Protest Ambiguous Solicitation Specifications and Terms
    • Protest Unduly Restrictive Specifications and Terms
    • Avoid, Neutralize or Mitigate Conflicts of Interest
    • Protest Exclusion or Elimination From the Competitive Range
    • Protest Intended Awards to NonSmall Business or Other NonQualified Competitors Firms
    • Protest a Lack of Meaningful Discussions
    • Obtain a Stay of Award
  • Post-Award Challenges and Disputes/ How to:
    • Use Debriefings as an Effective Discovery Tool
    • Meaningfully Assess Chances for Success
    • Understand Timeliness Requirements
    • Obtain a Stay of Performance
    • Decide Where to Protest
    • Make Planning for Protests an Integral Part of the Contract Capture Process
    • Protest a Failure to Properly Apply Stated Evaluation Criteria/Use of Unstated Criteria
    • Protest Best Value Award Determinations
    • Protest Cost/Technical Tradeoff Decisions
    • Protest Cost Realism and Cost Reasonableness Determinations
    • Protest a Failure to Conduct Meaningful or Fair Discussions
    • Protest a Competitor's Actual or Apparent Conflict of Interest
    • Intervene and Defend Your Award

Contract Administration and Performance

  • Changes/ How to:
    • Give Proper Notice
    • Submit a Request for Equitable Adjustment
    • Respond to a Cardinal Change
    • Handle Repeated Modifications to Scope or Price
    • Dispute Design Requirements in a PerformanceBased Contract
  • Major Issues and Disputes/How to:
    • Avoid a Termination for Default
    • Avoid Debarment or Suspension
    • Challenge a Termination for Default
    • Challenge a Debarment or Suspension Action
    • Respond to a Termination for Convenience

Contract Close-out

  • Final Settlement/How to:
    • Submit the Final Invoice
    • Agree Upon the Final Accounting
    • Obtain a Release
    • Agree Upon the Past Performance Rating
  • Claims/How to:
    • Avoid Statute of Limitations Issues
    • Know When a Dispute Has Arisen
    • Properly Prepare the Claim
    • Know What a Certification Entails
    • Know the Applicable Time Periods
    • Know What Is a Deemed Denied Claim
    • Successfully Litigate a Claim
    • Successfully Settle a Claim
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Credits

OnDemand Webinar

This course was last revised on December 18, 2019.

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

  • CPIM/CFPIM/CSCP 2.0
     
  • This program may qualify for 2.0 certification maintenance points toward the CSCP, CPIM and CLTD designations through The Association for Operations Management.
     
  • ISM 1.75
     
  • Participants who successfully complete this program will receive 1.75 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
     

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

Audio & Reference Manual

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

MP3 Download

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

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Why Lorman?

Over 33 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

Richard Moorhouse

Richard Moorhouse

Greenberg Traurig, LLP

  • Shareholder with Greenberg Traurig, LLP
  • More than 30 years of experience litigating procurement award and contract disputes at the federal, state, and local level
  • Practice also frequently involves the conduct of internal investigations, the preparation of comprehensive submissions to clients detailing the results of those investigations, and disclosures to the government in a variety of matters including those giving rise to potential debarments, suspensions, and other determinations of ineligibility to receive contract awards
  • Retained as an expert witness in complex civil litigation involving federal government contract issues
  • Achieved the highest rating with Martindale-Hubbell Law Directory
  • J.D. and M.A. degrees, Suffolk University Law School; B.A. degree, University of Massachusetts at Amherst
  • Can be contacted at 703-749-1304 or [email protected]
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Product ID: 406967
Published 2019
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