Fighting for the Contract You Deserve: A Primer on Bid Protest Defense

July 09, 2020

In today’s increasingly competitive federal market, bid protests are an inevitable feature of many procurements. Contractors may receive an award notice, only to be told several days later that the contract is on hold, all because of a bid protest filed by a disgruntled competitor. If you have ever found yourself in this position, you may know how hard it can be to find answers, and how quickly you can miss an important deadline. In this webinar, Obermayer government contracting attorneys Maria Panichelli and Michael Richard team up with their friends at USI to provide you with the roadmap and resources necessary to defend against the protest, keep the contract you earned, and keep your costs down. Attendees will learn about intervention, common bid protest defenses and strategies, as well as practical tips about how to mitigate risk and costs. Obermayer’s team will walk you through best practices for protest litigation, and USI will provide information about how contractors might plan ahead and take advantage of certain products to minimize out-of-pocket litigation costs.

Maria focuses her practice exclusively on federal contracts, assisting clients through every stage of the procurement process. Her approach is to provide comprehensive legal counseling that allows her clients to successfully navigate the complicated legal requirements related to federal contracting while fulfilling their own business goals. An active member of several federal contracting associations, Maria is a frequent lecturer at agency, government contracting and small business conferences, and works closely with several Procurement Technical Assistance Centers to provide educational content for contractors.

Michael is an attorney in Obermayer’s Government Contracting Department, where he excels at getting clients to the settlement table. Over the past two years alone, he has settled over $30 million in claims against the United States government. Michael is an experienced trial lawyer who has litigated before the Court of Federal Claims, the Armed Services Board of Contract Appeals (ASBCA), and the Civilian Boards of Contract Appeals (CBCA). He has litigated claims for delay, disruption, differing site conditions, design defects, overzealous inspection, negligent estimation of quantities, changes to design criteria, withholding of liquidated damages, and contract terminations. Michael has particularly in-depth skills in drafting, negotiating, and litigating claims under the Contract Dispute Act (CDA), especially for construction contractors, design-builders, designers, suppliers, IT contractors, and environmental remediation contractors.

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