Learn The Difference Between Winning a Contract or Walking Away Empty-Handed!
There are two types of government contractors: those that have been a party to a bid protest and those that will soon find themselves involved in a protest.
As federal budgets continue to shrink, the competition between contractors' increases and the number of bid protests will rise.
The document provides information on debriefings and protests for government contracts. It discusses the types of protests that can be filed, including bid protests, size protests, and status protests. It also outlines the key aspects of pre-award and post-award debriefings, including the minimum information that must be provided, such as evaluation scores and the overall ranking of offerors. Sample questions for debriefings are also presented to help contractors learn how to improve future proposals and determine if a valid protest exists.
The document discusses strategies for coordinating pre-grant and post-grant patent oppositions between the US and European patent systems. It outlines the differences between pre-grant opposition procedures, including third party observations, as well as post-grant procedures such as post-grant review and inter partes review. The document advises that if an application is filed in both the US and Europe, it may be better to initiate a pre-grant opposition in the US first to invoke discovery for prior art, before pursuing a post-grant opposition in Europe.
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
Government Construction Contracting, Part I: Procurement, Protests,and Debar...Stites & Harbison
Stites & Harbison, PLLC attorney Mark W. Leach explains procurement, protests and debarment as they relate to government construction contracting.
For more information, please contact Mark Leah at mleach@stites.com, or visit our website at www.stites.com
The people against the government, images of the national protest day Onnet
This is a workers national protest in Chile.
The Central Unitaria de Trabajadores (CUT), called all the workers to protesting in opposition to the capitalism.
The Chilean police reacted in a very violent way, And many persons were hurt.
The result of this day of national protest; they were more than 600 arrested and many injured persons.
We fight for the end of the exploitation of the man by the man, we fight for the freedom of the mankind. Long live LatinAmerica
The document discusses the history and tactics of campus protests. It provides examples of historic campus protests around issues like apartheid, civil rights, and sweatshop labor. More recent examples include protests against Donald Trump's election at UCLA and the University of Texas in November 2016. The document explores concepts of student activism and tactical performance, which involves using performance techniques in social movements to encourage change and discourage violence.
So, what's it all about then? Why we share research dataDanny Kingsley
This document summarizes a presentation about open research and data sharing. It discusses several drivers for data sharing, including funder requirements and cultural expectations among researchers. It also examines blockers to sharing such as concerns about data being stolen or reused without permission. The presentation argues that an overemphasis on high-impact publications and journal metrics is creating problems like hyperauthorship, reproducibility issues, and retractions. It advocates for increasing transparency through measures like preregistering trials, peer reviewing methodologies, and making data openly accessible. The goal is to overhaul how research is conducted, assessed and shared in a more open and collaborative manner.
This document analyzes the relationship between social media usage and protest participation in Russia from 2011-2012. It uses variation in the early adoption of the social media platform VKontakte (VK) across Russian cities to identify a causal impact. Early VK users were predominantly students from Saint Petersburg State University (SPbSU) in the same cohort as the founder. Regression analyses show cities with more SPbSU students from this cohort had higher VK penetration and a greater likelihood of protests. Instrumental variable models estimate that higher VK usage significantly increased both the number of protesters and probability of protests. Placebo tests found no effects on pre-2006 outcomes, supporting a causal interpretation.
The document provides information on debriefings and protests for government contracts. It discusses the types of protests that can be filed, including bid protests, size protests, and status protests. It also outlines the key aspects of pre-award and post-award debriefings, including the minimum information that must be provided, such as evaluation scores and the overall ranking of offerors. Sample questions for debriefings are also presented to help contractors learn how to improve future proposals and determine if a valid protest exists.
The document discusses strategies for coordinating pre-grant and post-grant patent oppositions between the US and European patent systems. It outlines the differences between pre-grant opposition procedures, including third party observations, as well as post-grant procedures such as post-grant review and inter partes review. The document advises that if an application is filed in both the US and Europe, it may be better to initiate a pre-grant opposition in the US first to invoke discovery for prior art, before pursuing a post-grant opposition in Europe.
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
Government Construction Contracting, Part I: Procurement, Protests,and Debar...Stites & Harbison
Stites & Harbison, PLLC attorney Mark W. Leach explains procurement, protests and debarment as they relate to government construction contracting.
For more information, please contact Mark Leah at mleach@stites.com, or visit our website at www.stites.com
The people against the government, images of the national protest day Onnet
This is a workers national protest in Chile.
The Central Unitaria de Trabajadores (CUT), called all the workers to protesting in opposition to the capitalism.
The Chilean police reacted in a very violent way, And many persons were hurt.
The result of this day of national protest; they were more than 600 arrested and many injured persons.
We fight for the end of the exploitation of the man by the man, we fight for the freedom of the mankind. Long live LatinAmerica
The document discusses the history and tactics of campus protests. It provides examples of historic campus protests around issues like apartheid, civil rights, and sweatshop labor. More recent examples include protests against Donald Trump's election at UCLA and the University of Texas in November 2016. The document explores concepts of student activism and tactical performance, which involves using performance techniques in social movements to encourage change and discourage violence.
So, what's it all about then? Why we share research dataDanny Kingsley
This document summarizes a presentation about open research and data sharing. It discusses several drivers for data sharing, including funder requirements and cultural expectations among researchers. It also examines blockers to sharing such as concerns about data being stolen or reused without permission. The presentation argues that an overemphasis on high-impact publications and journal metrics is creating problems like hyperauthorship, reproducibility issues, and retractions. It advocates for increasing transparency through measures like preregistering trials, peer reviewing methodologies, and making data openly accessible. The goal is to overhaul how research is conducted, assessed and shared in a more open and collaborative manner.
This document analyzes the relationship between social media usage and protest participation in Russia from 2011-2012. It uses variation in the early adoption of the social media platform VKontakte (VK) across Russian cities to identify a causal impact. Early VK users were predominantly students from Saint Petersburg State University (SPbSU) in the same cohort as the founder. Regression analyses show cities with more SPbSU students from this cohort had higher VK penetration and a greater likelihood of protests. Instrumental variable models estimate that higher VK usage significantly increased both the number of protesters and probability of protests. Placebo tests found no effects on pre-2006 outcomes, supporting a causal interpretation.
Indigenous groups in the Andes region of South America have increasingly protested against neoliberal economic policies promoted since the 1980s, such as privatization of natural resources and free trade agreements. Protests were organized by indigenous and peasant organizations and involved tactics such as road blockades, strikes, and demonstrations. These protests have led to concessions from governments, repeal of neoliberal reforms, new constitutions recognizing indigenous rights, and increased indigenous political representation and control over lands and resources in countries like Bolivia, Ecuador and Peru.
Peter Joyce “Policing Protest Since 1945: Publishing Academic Textbooks”Phil302
Dr Peter Joyce, Principal Lecturer in Criminology, Manchester Metropolitan University delivered this guest lecture in the UCBC Lecture Theatre on Monday 14th November 2016 (5-6pm).
This document provides an overview of a poetry workshop on protest poetry and climate advocacy. It discusses the purpose and power of protest poetry, focusing people's attention on climate change and motivating action. The workshop schedule is outlined, including reading protest poems from different cultures and languages, workshopping original climate poems, and opportunities for publication. Key aspects of protest poetry discussed include using forms to subvert dominant paradigms, addressing both specific issues and universal themes, and engaging readers through language and rhythm to involve them emotionally and intellectually in the protest.
Slides for Guest Lecture Skype with COMM 4370 New Media Technologies and Communicationat Schreiner University, February 28, 2013. Focuses on the role of the Internet and social media in democracy, protest, activism, and social change.
The 1960’s powerpoint: Era of Protest and Promiselpolivick
This document summarizes key events and social movements of the 1960s civil rights era in the United States. It describes the rise of civil rights protests like sit-ins and freedom rides aimed at desegregating public facilities. Major events included the integration of the University of Mississippi leading to violence, and the Birmingham protests where Martin Luther King Jr. was arrested and wrote his famous "Letter from a Birmingham Jail." Tensions escalated with bombings of black churches and the murders of civil rights leaders like Medgar Evers and the three victims of the infamous Mississippi Burning case.
La Ley SOPA (Stop Online Piracy Act) es un proyecto de ley estadounidense de 2011 que busca combatir la piratería en internet mediante el bloqueo de sitios web y servicios acusados de infringir derechos de autor, así como la congelación de fondos y publicidad asociados. De aprobarse, la ley podría restringir la libertad de prensa al censurar enlaces e información en medios de comunicación.
The document provides an overview of several major protests and social movements in 20th century Britain:
- The Suffragette movement fought for women's right to vote from the late 19th century through the early 20th century, employing increasingly militant tactics like hunger strikes when peaceful protest failed.
- The 1926 General Strike involved millions of British workers and was triggered by a pay cut for coal miners, though it ultimately collapsed after 10 days due to lack of organization and government countermeasures.
- The 1984-85 Miners' Strike saw coal miners strike against planned pit closures, but strong government opposition and divisions within the miners' union led to the strike's failure and many pit closures going ahead as
This document provides an overview of the protest process for government contracts. It defines two types of protests - challenges to the size or status of an awardee, and challenges to an agency's conduct of a procurement. For size/status protests, the protest must be filed with the Contracting Officer within 5 days of notice of the apparent successful offeror. Standard protests can be filed with the procuring agency, GAO, or USCFC. Key considerations for filing a protest include timeliness, the possibility of a stay of contract performance during the protest, and debriefing requirements. The decision will provide relief such as corrective action but not a directed award, and costs may be recovered depending on the protest forum.
ASCM 650 PROF. LAWRENCE JORDAN III, ESQ. THE PROTEST – WHAT CAN BE PROTESTED? •MalcolmJerry
The document summarizes what can be protested in government contracts, how to file protests, and the process for contract claims. Some key points:
- The solicitation package, evaluation of offers/bids, discussions in negotiated procurements, and determination of responsibility can be protested.
- Protests must generally be filed within 10 days of knowing the basis and can be submitted to the Government Accountability Office (GAO) or Court of Federal Claims (CFC).
- Contractors can file claims seeking payment, interpretation of terms, or other relief. Claims must be submitted to the contracting officer within 6 years and their decision can be appealed within 90 days or 1 year.
- The Equal Access to
This document provides an overview and comparison of post-grant review procedures for patents in the US, Europe, China, and Japan. It summarizes the key aspects of each system, including grounds for review, timing, fees, parties involved, estoppel provisions, and appeal processes. The document also analyzes some criticisms of different systems and compares features of the US Post-Grant Review (PGR) process to those of other countries. In particular, it suggests the PGR process addresses some issues seen in Japanese oppositions and avoids overlap problems of Chinese procedures.
The Consumer Protection Act of 1986 and its subsequent amendments aim to protect consumers from unfair trade practices. The Central Consumer Protection Authority (CCPA) was formed under the Consumer Protection Act of 2019 to promote and enforce consumer rights. The CCPA has powers to investigate businesses, recall unsafe products, impose penalties for violations of law, and handle consumer complaints. To file a complaint, a consumer must submit a written complaint to the appropriate consumer disputes redressal forum along with documents and court fees. Remedies available to consumers include refunds, replacement of goods, compensation, and cessation of unfair trade practices.
The document outlines the procedure for filing a consumer complaint in India.
It explains that a consumer complaint can be filed by the consumer, a recognized consumer association, or the central/state government. The complaint must be filed in the district consumer forum and accompanied by a court fee.
The district forum will either admit or reject the complaint within 21 days. If admitted, a copy is sent to the opposite party who has 30 days to respond. Laboratory testing of goods may be required.
The forum will issue an order after considering the parties' arguments and any evidence.
The Booklet of Winning Litigation Strategies at Court and Arbitration will help you understand how to: (i) effectively file a lawsuit, (ii) use counterclaims as a defense strategy, (iii) collect and use evidence to strengthen your case, (iv)utilize winning methods for settlement negotiations and mediation, and (v) successfully navigate trial and arbitration hearings.
View our article here: https://letranlaw.com/insight/winning-litigation-strategies-at-court-and-arbitration/
Jennifer Schaus hosts a series of Government Contracting webinars. Bill Bainbrdge of Perkins Coie joins us for a discussion on BID PROTEST. Full audio & slides avail at: http://youtu.be/sCsUbUeXdPM
1. The document discusses the rules and procedures for intercompany arbitration through Arbitration Forums regarding workers' compensation subrogation claims.
2. Key details include that arbitration is available for claims up to $250,000, parties must be signatories to the arbitration rules, and decisions are final and binding except appeals can be made for claims over $100,000.
3. Carriers can only submit claims through intercompany arbitration if the applicable jurisdiction recognizes the carrier's independent right of recovery for reimbursement of workers' compensation benefits paid.
Distinguish Qualities of a Securities Appellate Tribunal LawyersFinlaw Associates
Securities Appellate Tribunal was specifically appointed to attend an inducement against the order handed by the SEBI (Securities and Exchange Board of India) or by an adjudging officer under the SEBI Act.
The three-steps guide for successful litigation procedures. Information about third-party litigation funding included. Worthwhile literature provided by Redress Solutions, London, UK.
InBIA Slides - Legal Issues for AcceleratorRoger Royse
This document discusses several key legal issues for accelerators. It covers the differences between leases and licenses, regulatory compliance considerations, types of funding structures like equity, debt, and SAFE instruments. It also discusses security laws and regulations around pooled investment vehicles and the Investment Company Act. Finally, it addresses crowdfunding rules under the JOBS Act, general solicitation exemptions, and broker-dealer registration requirements.
After the Panic Subsides – What Should You Do When the Inspector Leaves?Burns White LLC
The steps taken after a bad inspection, be it environmental, OSHA, labor, or anything else, are often “outcome determinative.” This presentation addresses some key things to consider in the days and weeks ahead.
U302 part a the victorian civil justice systemCrystal Delosa
The document provides information about resolving civil disputes in Victoria's justice system. It discusses three main avenues for resolving civil disputes - Consumer Affairs Victoria (CAV), the Victorian Civil and Administrative Tribunal (VCAT), and courts.
CAV is a complaints body that uses conciliation to resolve disputes over issues like consumer goods and tenancies. VCAT is a tribunal that provides lower-cost alternatives to courts using mediation and hearings before members. It covers areas like building and property disputes. Courts provide formal trials and appeals but involve higher costs and longer timeframes. The document outlines the purposes and processes of these dispute resolution bodies in Victoria.
The document discusses consumer protection laws in India. It outlines several Acts that were passed to protect consumers, including the Consumer Protection Act of 1986. The key features of the 1986 Act are that it provides a three-tier system for resolving disputes, recognizes various consumer rights, and defines terms like complaints, defects, and unfair trade practices. The document also summarizes some case laws related to consumer protection.
Indigenous groups in the Andes region of South America have increasingly protested against neoliberal economic policies promoted since the 1980s, such as privatization of natural resources and free trade agreements. Protests were organized by indigenous and peasant organizations and involved tactics such as road blockades, strikes, and demonstrations. These protests have led to concessions from governments, repeal of neoliberal reforms, new constitutions recognizing indigenous rights, and increased indigenous political representation and control over lands and resources in countries like Bolivia, Ecuador and Peru.
Peter Joyce “Policing Protest Since 1945: Publishing Academic Textbooks”Phil302
Dr Peter Joyce, Principal Lecturer in Criminology, Manchester Metropolitan University delivered this guest lecture in the UCBC Lecture Theatre on Monday 14th November 2016 (5-6pm).
This document provides an overview of a poetry workshop on protest poetry and climate advocacy. It discusses the purpose and power of protest poetry, focusing people's attention on climate change and motivating action. The workshop schedule is outlined, including reading protest poems from different cultures and languages, workshopping original climate poems, and opportunities for publication. Key aspects of protest poetry discussed include using forms to subvert dominant paradigms, addressing both specific issues and universal themes, and engaging readers through language and rhythm to involve them emotionally and intellectually in the protest.
Slides for Guest Lecture Skype with COMM 4370 New Media Technologies and Communicationat Schreiner University, February 28, 2013. Focuses on the role of the Internet and social media in democracy, protest, activism, and social change.
The 1960’s powerpoint: Era of Protest and Promiselpolivick
This document summarizes key events and social movements of the 1960s civil rights era in the United States. It describes the rise of civil rights protests like sit-ins and freedom rides aimed at desegregating public facilities. Major events included the integration of the University of Mississippi leading to violence, and the Birmingham protests where Martin Luther King Jr. was arrested and wrote his famous "Letter from a Birmingham Jail." Tensions escalated with bombings of black churches and the murders of civil rights leaders like Medgar Evers and the three victims of the infamous Mississippi Burning case.
La Ley SOPA (Stop Online Piracy Act) es un proyecto de ley estadounidense de 2011 que busca combatir la piratería en internet mediante el bloqueo de sitios web y servicios acusados de infringir derechos de autor, así como la congelación de fondos y publicidad asociados. De aprobarse, la ley podría restringir la libertad de prensa al censurar enlaces e información en medios de comunicación.
The document provides an overview of several major protests and social movements in 20th century Britain:
- The Suffragette movement fought for women's right to vote from the late 19th century through the early 20th century, employing increasingly militant tactics like hunger strikes when peaceful protest failed.
- The 1926 General Strike involved millions of British workers and was triggered by a pay cut for coal miners, though it ultimately collapsed after 10 days due to lack of organization and government countermeasures.
- The 1984-85 Miners' Strike saw coal miners strike against planned pit closures, but strong government opposition and divisions within the miners' union led to the strike's failure and many pit closures going ahead as
This document provides an overview of the protest process for government contracts. It defines two types of protests - challenges to the size or status of an awardee, and challenges to an agency's conduct of a procurement. For size/status protests, the protest must be filed with the Contracting Officer within 5 days of notice of the apparent successful offeror. Standard protests can be filed with the procuring agency, GAO, or USCFC. Key considerations for filing a protest include timeliness, the possibility of a stay of contract performance during the protest, and debriefing requirements. The decision will provide relief such as corrective action but not a directed award, and costs may be recovered depending on the protest forum.
ASCM 650 PROF. LAWRENCE JORDAN III, ESQ. THE PROTEST – WHAT CAN BE PROTESTED? •MalcolmJerry
The document summarizes what can be protested in government contracts, how to file protests, and the process for contract claims. Some key points:
- The solicitation package, evaluation of offers/bids, discussions in negotiated procurements, and determination of responsibility can be protested.
- Protests must generally be filed within 10 days of knowing the basis and can be submitted to the Government Accountability Office (GAO) or Court of Federal Claims (CFC).
- Contractors can file claims seeking payment, interpretation of terms, or other relief. Claims must be submitted to the contracting officer within 6 years and their decision can be appealed within 90 days or 1 year.
- The Equal Access to
This document provides an overview and comparison of post-grant review procedures for patents in the US, Europe, China, and Japan. It summarizes the key aspects of each system, including grounds for review, timing, fees, parties involved, estoppel provisions, and appeal processes. The document also analyzes some criticisms of different systems and compares features of the US Post-Grant Review (PGR) process to those of other countries. In particular, it suggests the PGR process addresses some issues seen in Japanese oppositions and avoids overlap problems of Chinese procedures.
The Consumer Protection Act of 1986 and its subsequent amendments aim to protect consumers from unfair trade practices. The Central Consumer Protection Authority (CCPA) was formed under the Consumer Protection Act of 2019 to promote and enforce consumer rights. The CCPA has powers to investigate businesses, recall unsafe products, impose penalties for violations of law, and handle consumer complaints. To file a complaint, a consumer must submit a written complaint to the appropriate consumer disputes redressal forum along with documents and court fees. Remedies available to consumers include refunds, replacement of goods, compensation, and cessation of unfair trade practices.
The document outlines the procedure for filing a consumer complaint in India.
It explains that a consumer complaint can be filed by the consumer, a recognized consumer association, or the central/state government. The complaint must be filed in the district consumer forum and accompanied by a court fee.
The district forum will either admit or reject the complaint within 21 days. If admitted, a copy is sent to the opposite party who has 30 days to respond. Laboratory testing of goods may be required.
The forum will issue an order after considering the parties' arguments and any evidence.
The Booklet of Winning Litigation Strategies at Court and Arbitration will help you understand how to: (i) effectively file a lawsuit, (ii) use counterclaims as a defense strategy, (iii) collect and use evidence to strengthen your case, (iv)utilize winning methods for settlement negotiations and mediation, and (v) successfully navigate trial and arbitration hearings.
View our article here: https://letranlaw.com/insight/winning-litigation-strategies-at-court-and-arbitration/
Jennifer Schaus hosts a series of Government Contracting webinars. Bill Bainbrdge of Perkins Coie joins us for a discussion on BID PROTEST. Full audio & slides avail at: http://youtu.be/sCsUbUeXdPM
1. The document discusses the rules and procedures for intercompany arbitration through Arbitration Forums regarding workers' compensation subrogation claims.
2. Key details include that arbitration is available for claims up to $250,000, parties must be signatories to the arbitration rules, and decisions are final and binding except appeals can be made for claims over $100,000.
3. Carriers can only submit claims through intercompany arbitration if the applicable jurisdiction recognizes the carrier's independent right of recovery for reimbursement of workers' compensation benefits paid.
Distinguish Qualities of a Securities Appellate Tribunal LawyersFinlaw Associates
Securities Appellate Tribunal was specifically appointed to attend an inducement against the order handed by the SEBI (Securities and Exchange Board of India) or by an adjudging officer under the SEBI Act.
The three-steps guide for successful litigation procedures. Information about third-party litigation funding included. Worthwhile literature provided by Redress Solutions, London, UK.
InBIA Slides - Legal Issues for AcceleratorRoger Royse
This document discusses several key legal issues for accelerators. It covers the differences between leases and licenses, regulatory compliance considerations, types of funding structures like equity, debt, and SAFE instruments. It also discusses security laws and regulations around pooled investment vehicles and the Investment Company Act. Finally, it addresses crowdfunding rules under the JOBS Act, general solicitation exemptions, and broker-dealer registration requirements.
After the Panic Subsides – What Should You Do When the Inspector Leaves?Burns White LLC
The steps taken after a bad inspection, be it environmental, OSHA, labor, or anything else, are often “outcome determinative.” This presentation addresses some key things to consider in the days and weeks ahead.
U302 part a the victorian civil justice systemCrystal Delosa
The document provides information about resolving civil disputes in Victoria's justice system. It discusses three main avenues for resolving civil disputes - Consumer Affairs Victoria (CAV), the Victorian Civil and Administrative Tribunal (VCAT), and courts.
CAV is a complaints body that uses conciliation to resolve disputes over issues like consumer goods and tenancies. VCAT is a tribunal that provides lower-cost alternatives to courts using mediation and hearings before members. It covers areas like building and property disputes. Courts provide formal trials and appeals but involve higher costs and longer timeframes. The document outlines the purposes and processes of these dispute resolution bodies in Victoria.
The document discusses consumer protection laws in India. It outlines several Acts that were passed to protect consumers, including the Consumer Protection Act of 1986. The key features of the 1986 Act are that it provides a three-tier system for resolving disputes, recognizes various consumer rights, and defines terms like complaints, defects, and unfair trade practices. The document also summarizes some case laws related to consumer protection.
America Invents Act Impact on Asia Technology Cos by Michael ShimokajiSHIMOKAJI IP
The America Invents Act (AIA) includes provisions for prior use, best mode, post grant review, inter partes review, and supplemental examination. These new provisions will impact all technology companies, including Asian technology companies throughout China, Taiwan, Japan, and Korea. Contact info@shimokaji.com for more information.
The document discusses the Cunningham Report, which reviewed Ontario's auto insurance system and provided 28 recommendations, and Bill 171, legislation that aims to implement some of those recommendations. Key points of Bill 171 include eliminating the right to sue for disputed accident benefit claims, requiring arbitration through the Licence Appeal Tribunal instead of FSCO, clarifying dispute resolution for death/funeral benefits, and eliminating the 5% prejudgment interest rate for non-pecuniary losses in car insurance claims. While many of Cunningham's recommendations are not yet in Bill 171, the document outlines additional reforms that may still be enacted.
The Division of Florida Condominiums handles complaints regarding violations of condominium laws. It will accept complaints that allege specific violations, provide supporting documentation, and address issues within its jurisdiction. Accepted complaints are assigned to investigators who will contact the complainant for more details and determine if a violation occurred. The Division aims to resolve complaints through education and may take enforcement actions if warranted based on the alleged violation and association's compliance history.
The document discusses grievance procedures for resolving disputes between workers and management. It defines a grievance, outlines the purpose and steps of a grievance procedure, and provides guidance on writing and presenting grievances. Key points include that a grievance procedure provides an orderly process for handling disputes, outlines representation for workers, and includes provisions for arbitration if earlier steps do not resolve the issue.
Similar to Watkins Meegan Lunch & Learn: Bid Protests (20)
The document provides an overview of key aspects of submitting an adequate incurred cost proposal (ICP). It discusses who needs to submit an ICP, what attributes make an ICP adequate, and consequences of inaccurate or late submissions. The presentation covers required schedules and information for an ICP, such as direct and indirect costs by contract, subcontractor information, and cumulative costs claimed and billed. It emphasizes starting preparation early, using the ICE model and DCAA checklist, and thoroughly reviewing all schedules.
Health care reform continues with implementation of the Affordable Care Act. Starting in 2014, employers face new requirements and penalties related to health insurance coverage for employees. Exchanges will offer individuals and small businesses the ability to purchase qualified health plans, and individuals will be subject to penalties if they do not obtain compliant coverage. Reporting of health plan costs and coverage will also be required of employers.
Over the last 4 years, the NFP sector has changed how it manages and reports finances due to factors like the recession, increased governance, and competition. NFPs now face greater transparency, influence from watchdog groups, and new accounting standards. The financial reporting of NFPs is evolving rapidly and will see more significant changes in the next 3 years than the previous 15-20 years. Leading NFPs will be those able to identify and react to trends in real-time.
This document discusses G&A (general and administrative) bases and the rules around them. It defines what is included in the G&A pool according to CAS 410, such as executive management costs and finance functions. It also discusses the different acceptable G&A bases of total cost input, value added cost input, and single element cost input. The document provides guidance on where to find the rules, such as in the FAR, CAS, DCAM, and DCAA publications. It notes that smaller companies tend to use the total cost input base while larger companies that subcontract more work often use the value added base.
The document provides an overview of preparing for a Contractor Purchasing System Review (CPSR). It discusses the background and criteria for CPSRs, including the 24 criteria in the Defense Federal Acquisition Regulation Supplement that purchasing systems must meet. It also outlines the general policies and procedures that reviewers will examine, such as competition requirements, price analysis techniques, and contract formation guidelines. The document gives advice on how to approach a CPSR, including starting with the criteria and ensuring the review is properly scheduled.
12 helpful ways to better prepare yourself for 2013 brought to you by Watkins Meegan professionals themselves! If you have any questions or would like further guidance, please email Samantha.Locke@watkinsmeegan.com and she will connect you to the right person!
The document summarizes a presentation given on November 8, 2012 about tax changes set to take effect at the end of the year as a result of the recent election. It discusses upcoming changes to income tax rates, capital gains taxes, estate and gift taxes, and opportunities for tax planning in light of these changes, such as capturing capital gains at the lower 15% tax rate before it expires or using the higher lifetime gift/estate tax exemption amount. The presentation was given by experts from Alliantgroup, US Trust, and Watkins Meegan to advise on wealth protection and transferring strategies in light of the upcoming tax law changes.
Boardroom dynamics continue to evolve and change in response to increased regulatory requirements, complex business environments, globalization, economic challenges, and shareholder activism. Whether your company is privately held, publicly traded, or a non-profit organization, our program will help you assess and strengthen your current leadership teams in today’s challenging business landscape.
Government contractors use different teaming arrangements to best position themselves for a future award. Frequently a key element should be a clear appreciation of the relationship between the teaming arrangement and the desired business outcome. The best approach is to put “a planning team” in place (lawyers and CPAs) before putting “your business team” in place for a proposal. Join us as we help you understand:
•JV’s versus teaming agreement – which is preferable—and when?
•Small business set aside concerns
•Pitfalls – poorly written or nonspecific agreements
•To consolidate or not to consolidate – a look at the financial statement impact
With good planning, you can position yourself to respond to RFP’s effectively, create a positive business relationship, and know what to expect at year-end.
The document summarizes a panel discussion on the Woman-Owned Small Business Set-Aside Program. The panelists included representatives from the U.S. Small Business Administration and organizations that assist woman-owned small businesses. They discussed the background and eligibility requirements of the program, ways contracting officers have used set-asides under the program, and key findings on industries and agencies that have seen the most success with set-asides for woman-owned businesses. The panel debated whether program requirements and usage were restrictive or broad enough, and how to further encourage the use of set-asides to benefit eligible woman-owned small businesses.
This document summarizes the key differences between International Financial Reporting Standards (IFRS) and U.S. GAAP. It provides an overview of IFRS including its endorsement worldwide, convergence efforts between IFRS and U.S. GAAP, and differences in financial statement presentation and accounting treatments between the two standards. Additionally, it introduces IFRS for Small and Medium-sized Entities (SMEs) as a simplified version of IFRS for private companies and resources for additional IFRS information.
This document discusses strategies for winning new business in a difficult market, focusing on federal contracting. It addresses establishing a marketing culture, developing value propositions, managing competition through processes and tools, developing win strategies, and determining price to win bids. The key strategies discussed are focusing on client value, understanding customer needs, developing structured marketing plans, specializing in industries rather than just expertise, and balancing capability and price in proposals.
This document summarizes regulations and guidance around travel costs for government contractors. It discusses the FAR and JTR regulations regarding reasonable and allowable travel costs, including per diem rates, partial travel days, and airfare limitations. It also outlines potential DCAA audit procedures focusing on travel policies, cost documentation, and compliance with FAR cost principles. Record retention requirements and treatment of unallowable travel costs are addressed as well.
The document discusses CFO M&A strategies and experiences, including:
- How ICF sourced deal opportunities through investment bankers and expanding contacts.
- ICF's reliance on internal due diligence of contracts/backlog and external experts for accounting/legal/HR reviews.
- ICF's M&A process of due diligence, negotiating deals to closing, and post-closing integration.
- Key aspects of ICF's integration process including identifying teams, addressing culture/communication, and focusing on value drivers.
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2. What is a bid protest?
• A written objection by an interested party to a federal government
procurement activity. This could be issuance or cancelation of a
solicitation, award or proposed award of a contract, or the termination
or cancellation of an award.
• A protest can be pre-award (regarding the terms of a solicitation) or
post-award (regarding an award or proposed award).
• Your protest must allege that the federal government violated a
procurement law or regulation by its action or inaction. And that you
were prejudiced by that action or inaction (you would have won the
award but for what the government did or didn’t do)
3. Who can file a bid protest?
• You must be an interested party – having some economic
interest in the outcome of the protest.
• In a pre-award protest, you must be an actual or
prospective bidder.
• In a post-award protest, you must have a direct economic
interest that would be affected by the award – usually that
means you must be in line for or at least eligible for award
if your protest is sustained.
4. Where do you file a bid protest?
• You have three non-exclusive options, each carrying its own advantages and
disadvantages
• Agency Level Protest: You can submit your protest to the contracting officer,
the very person who’s actions you are protesting.
• An Agency Protest is generally inexpensive, quick (usually resolved in 30 days)
and often does not involve a lawyer (because most experienced bid protest
lawyers advise against Agency protests).
• Agency protests are very rarely successful. They are advisable only for gross
and obvious agency errors or to send a message to the contracting officer.
• Loss of an agency protest can be appealed to the GAO, but some of the
advantages of a GAO protest are lost if you protest to the Agency first.
5. Where do you file a bid protest?
• GAO Protest: You can submit your protest directly to the Government
Accountability Office (GAO).
• This is a relatively inexpensive venue, but is more likely to succeed if you have
a lawyer.
• Recent GAO statistics show the likelihood of achieving some success is about
45% (“effectiveness rate”).
• It can be procedurally challenging because of very short deadlines for filing and
complex rules for disclosure of information. Not as complicated as a federal
court filing.
• By law, GAO protests are resolved within 100 days of filing the protest.
6. Where do you file a bid protest?
• Court of Federal Claims Protest: You can submit your protest directly
to the U.S. Court of Federal Claims for resolution.
• Like any federal court litigation, this can be very expensive, requires an
attorney, and requires that the U.S. Department of Justice defend the
Agency in court.
• Because of its more relaxed time deadlines, sometimes it’s the only
option if you are too late to file at GAO. Judges have more power and
flexibility in assessing your allegations and providing a remedy.
• Sometimes a Court of Federal Claims protest is resolved in eight to ten
weeks, but sometimes much longer.
7. Why are GAO protests the most commonly filed
protest and most recommended?
• They are relatively inexpensive and they carry a respectable
chance of success, if you know what you are doing.
• Most importantly, post-award protests carry an automatic stay of
new contract performance if timely filed under the rules.
• Pre-award protests, they carry an automatic stay of award.
8.
9. When must a GAO protest be filed?
• There are two separate time requirements for a GAO protest. One for a timely filing at
GAO and one to trigger the automatic stay of contract performance. Unfortunately,
these time requirements are not identical.
• To trigger a stay of new performance, GAO must notify the Agency of your protest
within 10 days of contract award or within 5 days following a mandatory debriefing
under FAR Part 15, whichever is later.
• To file a timely pre-award protest with GAO, you must file a protest involving the terms
of a solicitation before the time proposals are due. For all other protests (all post-
award protests), you must file within 10 days of when you knew or should have known
of your grounds of protest, or, in the case of a mandatory debriefing under FAR Part 15,
within 10 days following the debriefing.
10. What are possible grounds of protest?
• Improper technical or price evaluation.
• Relaxation of the RFP/RFQ requirements.
• Failure to follow the stated evaluation grounds.
• Addition of an undisclosed evaluation ground.
• Improper cost-technical trade-off decision (the
additional technical advantage of the awardee does
not justify the high price premium paid.
• Improper or incomplete discussions.
• Organizational or personal conflict of interest.
11. Are there protest grounds the GAO will
not consider?
• Protests filed by a subcontractor.
• Protests that raise contract administration issues (such as
substitution of proposed personnel or place of performance after
notice to proceed).
• Protests raising small business issues: the awardee is not a small
business, or not an SDVO or HUBZone company as required by
the solicitation.
• Untimely protests.
• Protests challenging an affirmative finding of responsibility under
FAR Part 9.
12. What if I won the award and someone
else protests my award?
• An awardee has a right to have its counsel
intervene in the protest, which means the
counsel can monitor the progress of the protest
and assist the agency in defending the protest, as
needed.
• We always recommend that the awardee file an
intervention to help protect the award.
13. What happens in a GAO protest?
• Within a few hours of filing or within 24 hours at the latest, the GAO notifies the
relevant agency that a protest has been filed. This notice triggers the automatic stay of
performance.
• Every protest is initially reviewed by GAO’s procurement law group for sufficiency.
Under GAO rules a protest must include “a detailed statement of the legal and factual
grounds of protest including copies of relevant documents.”
• Each protest is assigned to an attorney advisor who will adjudicate the protest. The
GAO attorney advisor will then request the agency to file an agency report within 30
days of the initial notice of protest to the agency. The Agency Report will include a
contracting officer’s statement of facts relevant to the protest, a memorandum of law
in response to the protest, and all relevant documents in the agency’s possession.
14. What happens in a GAO protest?
• The protester or its counsel will then review the Agency Report and provide
written comments to be filed with the GAO and agency counsel within 10 days
of receipt of the agency report.
• GAO has the option of holding a hearing and taking testimony on any factual
issues that may be unresolved by the agency report and the protester’s
comments. Hearings occur in only about 10% or less of the protests filed.
• GAO must render its decision on the protest within 100 days of the filing of the
protest. GAO has never missed this deadline.
15. Are all protests this simple?
• No. Each protest may involve multiple protest “grounds.” Each individual ground must
be timely under the rules, but new protest grounds may be filed at any time during the
protest.
• For example: A protester may file its first three protest grounds quickly to insure
receiving the automatic stay of contract performance. It may file additional protest
grounds (called a supplemental protest) at any later time, so long as the grounds are
timely under the GAO rules. Also, the protester may discover new protest grounds
upon receipt of the Agency Report and attached documents. These new protest
grounds must also be filed within 10 days of receipt of the new information.
• A supplemental protest will often require an additional Agency Report and, sometimes,
a separate, later decision date.
16. If I file a protest, will I get to see the
agency’s decision documents?
• The Agency Report contains all documents relevant to the protester’s allegations. That
includes agency evaluation documents and other offerors’ proposals, to the extent
necessary to adjudicate the protest. While GAO will review all the relevant documents,
only the protester’s outside counsel is allowed to review all documents produced. In
this case, the GAO will issue a protective order, which outside counsel must agree to,
prohibiting the disclosure in any way of protected information.
• A pro se protester will not see the whole record available to GAO.
• A protective order, while important to prosecuting a protest, often makes client
discussions difficult because the client is not allowed to review any draft documents
produced by its counsel and conversations must be limited only to information
previously disclosed.
17. Will I get to see the GAO’s final
decision?
• Yes, eventually. The GAO’s final decision will resolve all pending protest
grounds either by sustaining the protest, denying the protest on its merits, or
dismissing the protest for a procedural or jurisdictional defect.
• If the decision might contain protected information, the GAO may issue its
initial decision under the protective order and give the parties an opportunity
to request that some information be redacted from the final decision as either
proprietary to the client or source selection sensitive to the agency.
18. What happens if GAO sustains my
protest?
• If GAO sustains your protest, it will recommend one or more remedies available to the
agency to correct the errors found by the GAO decision.
• Likely outcomes are a re-evaluation of existing proposals, modification to the
solicitation and request for final proposal revisions, or (occasionally) exclusion of the
awardee from eligibility or recommendation of awardee for award.
• Technically, GAO, as a division of Congress, can only recommend a solution. GAO’s
recommendations are followed more than 99% of the time.
• If GAO sustains a protest, the GAO will recommend payment of the protester’s
attorney’s fees (with some restrictions).
19. If I lose a protest ground, can I appeal?
• No, not technically. There is no appeal from a GAO decision.
• But, a losing protester may file the same protest grounds at the U.S. Court of
Federal Claims, which will litigate and adjudicate the protest de novo. There is
no time limit for filing a post-award protest at the Court of Federal Claims, but
the later the protest is filed the more likely the work will be completed or
nearly completed and the protest will be moot.
20. What happens in a Court of Federal
Claims protest?
• A Court of Federal Claims protest, whether or not there is a prior GAO protest, begins
with a formal, written complaint, just as any federal court litigation does.
• It may also involve seeking an injunction to stop performance of the work until the
protest is resolved. There is no automatic stay of performance at the Court of Federal
Claims, although often the Department of Justice attorney will convince the agency
counsel to agree to a voluntary stay of performance.
• The Court makes its decision based on a written record – “the Administrative Record” –
which consists of all the documents and information that the contracting officer and
source selection officials had before them at the time of decision-making.
21. What happens in a Court of Federal
Claims protest?
• While there is a possibility of discovery, such as interrogatories and/or depositions,
discovery is heavily discouraged and requires prior court approval.
• Each party files a series of written briefs arguing their relative positions with detailed
references to the administrative record. Usually two rounds of briefs for each party.
• The judge will usually convene a hearing to discuss the arguments with counsel in the
form of an oral argument. Occasionally, the Court will take testimony from relevant
parties – usually the agency decision-makers. No trial in the traditional sense.
22. How long does it take to decide a protest at the
Court of Federal Claims?
• There is no set time for a judge to render a decision in the Court
of Federal Claims. The Court has a non-binding rule that gives
protest decisions priority over other matters in order to make a
decision as soon as possible.
• Sometimes the Court will decide a case in less than the GAO’s 100
day time frame, but sometimes it is later.
23. If I lose my protest at the Court of Federal
Claims, can I appeal that decision?
• Yes, the appeal from a Court of Federal Claims
decision goes to the U.S. Court of Appeals for the
Federal Circuit, one of 13 U.S. Courts of Appeal.
• Appeal from a Federal Circuit decision is
discretionary with the U.S. Supreme Court.
24. If I protest, can I win?
• Yes. A successful protest can come by way of a GAO or court decision
sustaining at least one protest ground, or by the agency agreeing to take
corrective action to reconsider its action, re-evaluate proposals, or sometimes
to re-open the competition.
• Occasionally, the agency will take corrective action by terminating the award
and making award to the protester. It does happen and did happen to one of
our clients just last month.
• The GAO recently released statistics showing that 45% of all protests filed at
GAO get some form of the relief requested in the protest. While a protest is
always an uphill battle, it can be successful.
25. How will I know when to protest?
• The first thing any losing bidder should do is ask for a debriefing. (You should even ask for it
if you win, but that’s another issue.) If FAR Part 15 entitles you to a debriefing, you must ask
for it in writing within 3 days of notice to you that you’ve lost.
• Use your debriefing to find out as much about your evaluation and the awardee’s evaluation
as they are willing to disclose. See FAR § 15.506(d) for the information required to be
released.
• A debriefing benefits everyone by giving all parties as much information as possible to make
an informed decision.
• You need experienced bid protest counsel to advise you on your current situation and the
available remedies. If you protest just because your upset that you lost or think you’ve been
treated unfairly, you are likely to loose and waste your money.
26. How will I know when to protest?
• Ultimately, protesting is a business decision dependent on your particular circumstances.
• If you are an incumbent, you can benefit from a good faith protest because of the automatic stay
of performance. In a protest situation, the incumbent will often receive a four to six month
extension on the contract – and sometimes even a sole source contract during the pendency of the
protest.
• Other factors include: strength of your protest grounds, customer reaction (do you have current
contracts or pending awards before the same customer?), the relative cost of a protest, and the
likelihood that you will eventually obtain the contract.
• You need to rely on your counsel in this situation and your counsel must be both knowledgeable
and experienced in this area.
27. What Costs are Recoverable?
• Expressly unallowable per FAR 31.205-47 f(g) – unless incurred pursuant to a
written request from Contracting Officer
• If protest is sustained, GAO will generally recommend reimbursement.
– Attorney fees
– Consultant
– Expert Witnesses
• GAO could recommend reimbursement of B&P costs
• Contractors have 60 days to file detailed claim for reimbursement
28. For More Information:
Keith Romanowski, CPA Lee Dougherty
Senior Manager Chair, GovCon Practice Group
Watkins Meegan, L.L.C. General Counsel, P.C.
8000 Towers Crescent Drive, Suite 950 6862 Elm Street, Suite 800
Vienna, VA 22182-6208 McLean, VA 22101
Telephone: 703-847-4429 Telephone: 703-226-1869
Email: Keith.Romanowski@watkinsmeegan.com Email: ldougherty@generalcounsellaw.com
Web: www.Watkinsmeegan.com Web: www.generalcounsellaw.com