Market*Access International - Protests & Claims Wkshp

November 10, 2005

NRECA Executive Conference Center
4301 Wilson Boulevard (lobby level), Arlington, VA 22203

Online Registration for this workshop is closed, but seats are available for walk-in registrations.
Simply bring a copy of the attached registration form with your payment to the registration desk.

Most Government contracts are awarded and performed in proper fashion—the contract award process functions as it should, the contractor delivers supplies or services that comply with the contract’s requirements, and the Government makes payment in accord with its provisions.

If something goes awry, however, do you know your rights? Can you enforce them in a manner that is both timely and effective? The goal of Government Contract Protests & Claims is to explain, analyze and discuss the intricacies of Government contract litigation that must be known and understood by both the Government and contractors. Starting with protests—where potential contractors contend that some impropriety in the selection process prevented them from receiving an award—and continuing on to claims—where a wide range of post-award problems can often lead to either Government and contractor actions—this course will provide a succinct summary of the key issues involved, the necessary procedural steps that must be taken and the administrative and judicial forums available for hearing and deciding the parties’ contentions.

Government Contract Protests & Claims will discuss protests including (a) the most frequently contested issues—Best Value evaluations and tradeoffs, past performance questions, cost realism, competitive range, sole-source procurements, bundling, conflicts of interest, and use of electronic submissions, (b) the importance of the debriefing process, (c) procedures before the three alternative forums—the contracting agency, the Government Accountability Office and the Court of Federal Claims, and (d) the increasing use of Alternative Dispute Resolution to resolve protest actions

Government Contract Protests & Claims will also analyze the contract claims process including (a) some of the most frequently litigated substantive issues (e.g., contract interpretation, defective pricing, inspection procedures, terminations, and breach of contract) (b) the claim-final decision-appeal continuum, (c) certification and timeliness questions, (d) pleadings, motions and discovery, (e) procedural traps and snares, (f) a comparison of procedures before the two principle forums—the Boards of Contract Appeals and the Court of Federal Claims, (g) settlement, payment and possible relief under the Equal Access to Justice Act, and (h) Alternative Dispute Resolution’s role in the claims settlement process.

Finally, the course will review several related matters including debarments and suspensions, Qui Tam proceedings under the False Claims Act, and Extraordinary Contractual Relief.

The instruction method used in Government Contract Protests & Claims will encourage attendee participation. It will not be burdened by an excess of legal jargon, but will be readily understandable to all those involved in the procurement process—both newcomers and the experienced who seek a reliable update of their knowledge. Review sessions will underscore key points and ensure that you have an opportunity to discuss the issues to the extent that they believe necessary. In addition, you will be provided with a copy of the Government Contract Guidebook, 3rd Edition, an excellent reference that contains several Government regulations and related documents.

At the Contracting Agency
--Pre-award and post-award debriefings
--Procedures
--Remedies

At the Government Accountability Office
--Procedures
(a) Content of Protests
(b) Filing Deadlines
(c) Automatic Suspensions
(d) Agency Reports & Comments
(e) Hearings & Conferences
(f) Time for Decisions
(g) ADR Procedures
--Reconsideration
--Remedies

At the Court of Federal Claims
--Jurisdiction
--Time Limitations
--Standing
--Procedures
(a) Prefiling Notice
(b) Filing the Complaint
(c) Initial Status Conference
(d) Discovery
(e) Summary Judgment
(f) Standard of Review
(h) ADR procedures
(i) Reconsideration & Appeal

The Disputes Process
--Contract Disputes Act
--Standard “Disputes” Clause
--The Disputes Path

The Claim & Contracting Officer’s Decision
--Asserting a “Claim”
--Certification Requirements
--Content & Timing of the C.O.’s Final Decision
--Duty to Proceed

Appeal or Suit
--In General
--Practical Considerations
--Binding Election of Forum

At the Boards of Contract Appeals
--Jurisdiction
--Time Limitations
--Complaint & Answer
--Procedures
(a) Rule 4 File
(b) Discovery & Motions
(c) Subpoenas
(d) Submission without a Hearing
(e) Expedited & Accelerated Procedures
(f) Hearings
--Alternative Dispute Resolution
(a) Initiating the ADR Process
(b) Basic ADR Techniques
--The Board’s Decision
(a) Reconsideration
(b) Judicial Review
--Relief under the Equal Access to Justice Act

At the Court of Federal Claims
--Jurisdiction
--Complaint, Litigation Report & Answer
--Procedures
(a) Pretrial Orders & Conferences
(b) Alternative Dispute Resolution
(c) Discovery & Motions
(d) Trial
(e) Decision
(f) New Trial, Rehearing & Appeal

At the Court of Appeals for the Federal Circuit
--In General
--Review of Board Decisions
(a) Law vs. Fact
(b) Substantial Evidence Test
--Review of Court of Federal Claims Decisions
(a) Procedures
(b) Decision
(c) Rehearing

Donald Arnavas practices law in Washington, D.C. He combines many years of experience as a judge, law school professor and practicing attorney and thus is able to bring students instruction that is—at the same time—informative, authoritative and readily understandable.

Don is a graduate of Iona College and Georgetown University Law Center and is a member of the Virginia and District of Columbia Bars. He served for three years on the Council of the American Bar Association’s Public Contract Law Section and for 15 years as Senior Editor of its Public Contract Law Journal. He is currently a panel member of ACI, a London based ADR provider and he is listed in the Guide to the World’s Leading Experts in Commercial Arbitration—2004.

Don is the author of the Government Contract Guidebook, 3rd Edition, the text used in this Workshop and of Alternative Dispute Resolution for Government Contracts. In addition, he has written many legal articles—including over 20 Briefing Papers—on a wide variety of government contract topics Since 1983 he has served as an Adjunct Professor of Law at Penn State/Dickinson School of Law and he lectures extensively at other colleges and law schools throughout the world. He is also a visiting lecturer at the Army Judge Advocate General’s School.

Online Registration for this workshop is closed, but seats are available for walk-in registrations.
Simply bring a copy of the attached registration form with your payment to the registration desk.

Registrations are payable by Visa, American Express, Mastercard, company check or government purchase order.

**Course fee includes continental breakfast, a refreshment break and a copy of Government Contract Guidebook, 3rd Edition - a $100 value!

CANCELLATION POLICY: You may designate a substitute in writing any time before the conference. If you need to cancel your registration, you must send your notice in writing and will be subject to a $50 processing fee. No refunds are given for cancellations received 3 business days prior to the event start date or later. PLEASE NOTE: No shows will be liable for the entire registration fee.

This workshop will be held at the NRECA (National Rural Electric Coop Assn) Headquarters Building, Executive Conference Center (Main Floor) at 4301 Wilson Boulevard, Arlington, Virginia 22203

Do you need a place to stay while you're attending the course? Here are some nearby hotels.

On-Site Training

Market*Access can provide training, wherever and whenever you need, including on-site at your facility. Our staff will cost-effectively implement training customized to your needs. If you have group of attendees (usually 15 or more), we can bring this course to you and help save you time, travel costs, and more! In addition, coverage of particular agency supplements are available upon request for in-house presentations.

To request a proposal and schedule training, e-mail Laura Johnson, VP of Conferences & Strategic Planning, at ljohnson@marketaccess.org or call (703) 807-2747.

To download a PDF of planned training conferences and workshops
for 2006, please click here.

Marketing, Conference Management and Production by:

Market*Access International, Inc.
4301 Wilson Boulevard
Suite 1003
Arlington, VA 22203
(703) 807-2755

Government Best Practices Training Course: Government Contract Protests & Claims A One-Day Workshop for Anyone Involved in Challenging Procurement Issues

Do you need a place to stay while you're attending the course? Here are some nearby hotels.

On-Site Training

Marketing, Conference Management and Production by:

Government Best Practices Training Course:
Government Contract Protests & Claims
A One-Day Workshop for Anyone Involved
in Challenging Procurement Issues