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Live Webinar

90-minute live streaming program
  • December 18
  • 1:00 - 2:30 pm EST

Strategies to Overcome Procurement Disputes

December 18

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.

Learning Objectives

  • You will be able to define important concepts and principles of contract formation giving rise to procurement challenges and disputes.
  • You will be able to describe the bid protest process using the federal scheme as an exemplar, with references to some specific state protest procedures.
  • You will be able to discuss the most effective use of the bid protest and claims processes to maximize contract opportunities and ultimate results.
  • You will be able to explain the importance of timeliness rules and other threshold requirements for protests and claims.

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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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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

Live Webinar Registration

  • CPIM/CFPIM/CSCP 1.0
     
  • This program may qualify for 1.0 certification maintenance points toward the CSCP, CPIM and CLTD designations through The Association for Operations Management.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • ISM 1.5
     
  • Participants who successfully complete this program will receive 1.5 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.
     
  • CPE 1.8 including Specialized Knowledge 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge for 1.8 hours. Prerequisite: basic knowledge of purchasing contracts. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.
     

Who should attend?

This live webinar is designed for purchasing managers and directors, directors of procurement, procurement managers, presidents, VPs, material managers, contract administrators, senior buyers, project managers and directors, contractors, engineers, supply chain planners, operations, controllers, attorneys and other similar titles within construction and procurement.

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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

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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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.

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Product ID: 406967
Published 2019
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