Pre-Award Protests

June 13, 2018
Presented by Michelle Litteken and Tim Valley

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Drafting a proposal in response to a federal solicitation can be a challenging task. This process becomes even more difficult when the terms of the solicitation are ambiguous, restrictive, or simply incorrect. As a contractor, there are strategies you can employ to try to address these issues. One underutilized strategy is a pre-award protest challenging the terms of a solicitation.

When used correctly, a pre-award protest could result in changes to problematic solicitation terms and may provide offerors extra time to submit a proposal. Challenging an unreasonable solicitation pre-award is particularly important, as a post-award protest of a solicitation provision will usually be dismissed as untimely. For this reason and more, a pre-award protest is a tool that all government contractors should keep in mind while drafting proposals and reviewing solicitations.

This session explores key strategies, common protest grounds, and best practices for pre-award protests.

Navigating SBA's "Present Effect" on Your Corporate Strategies

May 24, 2018
Presented by Jon Williams and Kimi Murakami
 
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Session Description:
When looking to make an investment in or purchase a small business contractor, it is critical to understand the potential impact of your corporate strategy under SBA’s small business rules. SBA has a unique rule called the “present effect rule” which can create adverse consequences for mergers and acquisitions, stock options, and convertible securities – even before the transaction is finalized or the option is exercised. Our Business & Corporate practice group helps clients to develop and implement a variety of corporate strategies.

This session explores SBA’s present effect rule, how it impacts mergers and acquisitions, stock options, and convertible securities, and provide tips on how to successfully plan in advance when considering these corporate strategies. 

Unlocking the Secrets of Debriefings

April 12, 2018
Presented by Megan Connor and Julia Di Vito

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Session Description: You just received an unsuccessful offeror notice—now what? Do you have a right to a debrief? Should you file a protest right away? If the agency provides a debriefing, should you push for a debriefing in person, over the phone, or in writing? You may wonder what the agency can tell you about the procurement or when the debriefing will occur. Having a basic understanding of when a debriefing is required, what an offeror must do to receive one, and what the agency can and must tell the offeror will help you make the most of a debriefing.

Topics discussed included:
  • When a debriefing is required in both pre-award and post-award situations;
  • What is required when an agency conducts a debriefing;
  • New requirements for debriefings for Department of Defense procurements; and
  • How to maximize the debriefing to get the information you can use in a protest and for improving future proposals.

The Buy American Act and Trade Agreements Act: Understanding Federal Domestic Preference Requirements

March 15, 2018
Presented by Jon Williams and Jackie Unger

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Session Description: As part of his goal to “make America great again,” the President has routinely stated his intent to “buy American and hire American.” In an effort to make progress on this front, President Trump signed Executive Order 13788 on April 18, 2017, aimed at tougher enforcement of the “Buy American Laws” which are those laws requiring or providing a preference for the purchase of goods, products, or materials produced in the United States. Given the Trump administration’s intent for stricter enforcement of domestic preference requirements, government contractors need to stay abreast of the relevant laws and regulations, such as the Buy American Act (“BAA”) and the Trade Agreement Act (“TAA”).

Topics discussed included:
  • The general requirements of the BAA and TAA
  • The applicability of the requirements and exceptions to their applicability
  • Tests for determining a product’s country of origin
  • Relevant FAR clauses and certifications
  • The potential penalties for non-compliance
  • Practical tips and strategies for compliance

Know Before You Bid on Contract Opportunities

February 28, 2018
Presented by Nichole Atallah and Peter Ford

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Session Description:
We often see what can go wrong in the bidding and procurement process long after a client submits a proposal or is awarded a contract. From awards challenged because companies did not confirm their set-aside status, to incorrect assumptions made about the cost of labor, mistakes made before you bid can be costly, and even devastating. This webinar discussed how businesses can proactively get out in front of pre-bid issues and avoid these missteps. Pre-bid legal considerations included:
  • Verifying your set-aside status
  • Understanding the requirements & evaluation criteria
  • Unique provisions for joint ventures
  • Evaluating labor requirements
  • Service Contract Act and Davis Bacon Act
  • Hidden costs

Happy Cyber New Year: The Year End Countdown to DFARS Compliance with NIST SP 800-171

December 14, 2017
Presented by Jon Williams and Kimi Murakami

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Session Description: This session discussed the implementation of NIST SP 800-171 when contractors are subject to DFARS 252.204-7012. Topics included if you need to comply and, if so, what you need to do to implement new security requirements. It also help to determine if you are already prepared based on the policies and procedures in place.

A strong security program can give you a competitive advantage and avoid many adverse consequences of noncompliance. You want to avoid the “parade of horribles” that could result from non-compliance with NIST SP 800-171 including breach of contract, termination for default, poor past performance assessments, poor proposal evaluations, all the way to False Claims Act exposure and suspension and/or debarment.

If you are not a DoD contractor subject to DFARS 252.204-7012, compliance with NIST SP 800-171 may not be an imminent concern but focusing on cybersecurity should still be part of your New Year’s resolutions for next year.


Considerations When Bringing on a New Owner

November 29, 2017
Presented by Peter Ford and Meghan Leemon

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Getting to Yes: Understanding and Applying SCA and DBA Price Adjustments

November 1, 2017
Presented by Nichole Atallah and Sarah Nash

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