Where to Protest When the Agency Says Your Bid is “Late” (Presented by The Federal Bar Association Government Contracts Section)

David Timm | Burr & Forman, LLP

David helps contractors when their work with the Government goes wrong. His focus is on complex disputes, claims, and bid protests over federal, state, and local government contracts. David is the chair of the bid protest committee for the Federal Bar Association’s Government Contracts Section. David also serves as the co-chair for Burr & Forman’s AI committee.

David’s experience includes bid protests, claims, and disputes at the Government Accountability Office (GAO), the Boards of Contract Appeals, the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, state courts, and binding arbitration/mediation. David advises companies navigating the SBA’s rules, including the 8(a) program, HUBZone, SBIR, and others. David has extensive E-discovery expertise. He has qualified for a U.S. Top Secret Security clearance and frequently works on cases involving various levels of classified materials.

I. The “Late is Late” Rule | 2:00pm – 2:10pm

II. Exceptions: Government Control, Systemic Failure, Unanticipated Events | 2:10pm – 2:20pm

III. Choosing the Right Forum: GAO vs. COFC | 2:20pm – 2:30pm

IV. Recent Developments: Federal Circuit’s Dismissal of eSimplicity Appeal | 2:30pm – 2:40pm

V. Best Practices & Recommendations | 2:40pm – 2:45pm

VI. Resources and Q&A | 2:45pm – 3:00pm