American Bar Association
Section of Public Contract Law
Bid Protest Committee

Bid Protest Developments:

GAO,

COURTS,

AGENCIES

AND THE FUTURE

Monday
June 29, 1998

Renaissance Mayflower Hotel
Washington, D.C.

PROGRAM

7:30-8:30 a.m.

Program Registration

Continental Breakfast

8:30-9:00 a.m.

Bid Protests: Current Status, Statistics and Pending Matters

9:00-10:30 a.m.

Procedural Developments and the Effect on GAO’s Final Decision

• Update of GAO Procedural Issues
• Practical Strategies to Hearings and Document Production

• Handling and Management of Cases

Michael A. Hordell, Moderator

Gadsby & Hannah LLP

Washington, D.C.

Michael R. Golden

Assistant General Counsel

U.S. General Accounting Office

Tania L. Calhoun

Senior Attorney

U.S. General Accounting Office

Kenneth S. Lieb

Assistant General Counsel

Tricare Management Activity

Paralee White

Gadsby & Hannah LLP

10:30-10:45 a.m.
Coffee Break

10:45 a.m. — 12:45 p.m.

Court of Federal Claims Post-Award Protests--The First 18 Months and What’s to Come

The Framework Established So Far:

• Interested party status, standard of review, scope of review, timeliness and critical substantive issues

Gregory A. Smith

Piper & Marbury, LLP

Kevin P. Mullen

Piper & Marbury, LLP

The Developing Practice and Prospects:

• What constitutes the Administrative Record?
• What is the proper role of "prejudice" in a bid protest under the ADRA?
• What disputes fall within the court’s jurisdiction over matters "in connection with a procurement or proposed procurements," and over "violations of law or regulation?"
• Should the CFC adopt new or different procedures for managing bid protest cases?
• What is the proper role for courts in bid protests?

Judge Eric G. Bruggink, Moderator

U.S. Court of Federal Claims

Sharon Eubanks

Deputy Director

Commercial Litigation Branch

U.S. Department of Justice

Mark Langstein

Senior Counsel

Contract Law Division

U.S. Department of Commerce

Michael W. Clancy

Assistant General Counsel

GTE Corp.

Joseph J. Petrillo

Petrillo & Powell, P.L.L.C.

12:45-2:00 p.m.

Lunch Break, no seminar sponsored lunch scheduled

2:00-3:15 p.m.

AGENCY AND ADR ALTERNATIVES

• What the Agencies Are Doing
• Advantages and Roadblocks
• ADR Options

Thomas C. Papson, Moderator

McKenna & Cuneo, LLP

Washington, D.C.

Gena E. Cadieux

Deputy Assistant General Counsel

U.S. Department of Energy

Craig E. Hodge

Assistant Counsel

U.S. Army Material Command

Anthony Palladino

Director, Office of Dispute Resolution for Acquisition

U. S. Federal Aviation Administration

 

Anthony H. Gamboa

Senior Associate General Counsel

U.S. General Accounting Office

James J. Regan

Crowell & Moring, LLP

3:15-3:30 p.m. - BREAK

3:30-5:00 p.m.

THE FUTURE OF BID PROTESTS

• Protest Prospects After the FAR Part 15 Rewrite
• Protesting "Alternative" Procurements (schedule contracts, BPAs, IDIQs, etc.)
• The Changing Role of Prejudice
• Access Limitations–The California Model
• Choice of Forum–Deciding where to protest and what the choices ought to be

Thomas P. Humphrey, II, Moderator

Crowell & Moring

Judge Roger G. Andewelt

U.S. Court of Federal Claims

Mark D. Colley

Holland & Knight, LLP

Daniel I. Gordon

Associate General Counsel

U.S. General Accounting Office

H. Jack Shearer

Office of Legal Counsel

Defense Information System Agency

Scott Air Force Base

Eleanor Spector

Director of Defense Procurement

U.S. Department of Defense

CLE CREDIT

Acceditation has been requested for this program from every state (including California and Pennsylvania) with mandatory continuing legal education (MCLE) requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of "CLE." Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to the PACLE. Please be prepared to remit payment to the PACLE ($2.00 per credit hour or any portion thereof) after the program. Certificates of attendance will be available at the conclusion of the program for both attendees and speakers. If you have questions about the number of credit hours granted by state, you may call 312/988-6217, starting 2 to 3 weeks before the program.

 

CANCELLATION POLICY

A registrant, who cancels prior to June 15, 1998, will receive a full refund.

Substitutions may be made at any time. All requests for refund must be made in writing to the Section of public Contract Law, American Bar Association, 750 North Lake Shore Drive, Chicago, IL 60611-4497. Fax: (312) 988-5688

If you complete a registration form and fax it to the office listed on the registration application, the transaction is considered a firm commitment and you will be expected to pay the registration fee even if circumstances prevent you from attending the conference.

NO refunds will be made unless the request is received on or before June 15, 1998.

REGISTRATION APPLICATION

Send directly to:

Maureen J. Powell

Holland & Knight, LLP

4^th Floor

2100 Pennsylvania Avenue, N.W.

Washington, D.C. 20037

202/828-1852

Fax: 202/955-5564

Please register the following person for the Public Contract Law (PCL) Section Program on Bid Protest Developments: GAO, Courts, Agencies and the Future at the Renaissance Mayflower Hotel, 1127 Connecticut Avenue, N.W., Washington, D.C., on Monday, June 29, 1998.

• $135 Government PCL Section Member
• $145 Other Government Employee
• $155 PCL Section Member/Associate
• $170 ABA Member
• $185 Non-ABA Member

Enclosed is my check for $_____, payable to the AMERICAN BAR ASSOCIATION/PCL

Name (please print or type)

Firm/Agency/Company

Address

City State Zip

Telephone Number

Fax Number

Created by Electronic Access Committee. Updated on May 22, 1998