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Bid Protest Lessons from 2025, for 2026 (Presented by The Federal Bar Association Professional Government Contracts Section)

Government contracts attorneys review 2025 bid protest trends, GAO statistics, AI misuse concerns, and strategic guidance for navigating protests in 2026.

2026-02-17 14:00:00

Program Details

2026-02-17 14:00:00

2026-02-17 14:00:00

1h CLE Credits

Program Details

2026-02-17 14:00:00

Program Details

2026-02-17 14:00:00

Over 1,000+ webinars

2026-02-17 14:00:00

Course Overview

Navigating Bid Protests in 2026

2026-02-17 14:00:00

Participants will learn current GAO statistics, enhanced pleading standards, and critical case law developments affecting bid protests. These insights enable practitioners to make strategic forum selections and avoid common pitfalls.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
GAO Statistics
GAO received 1,688 protests with 52% effectiveness rate and 14% sustain rate.
02
Pleading Standards
Enhanced pleading standard from Warfighter case requires certain facts, not speculation.
03
Interested Party
Precipient AI confirms you must submit a bid to have standing.
04
OTA Jurisdiction
Raytheon and Telis-Doe created conflicting precedents on OTA protest forums.
05
Gen-AI Misuse
Fabricated citations and unverified AI content have led to dismissals and sanctions.
06
NDAA Section 875
New rules allow 5% payment withholding from incumbents during protest pendency.

Program schedule

clock 2:00 pm - 2:20 pm EST

Regulatory Shifts: NDAA and GAO Standard Changes

This session examines the FY2025 GAO statistics, including the 52% effectiveness rate and top reasons for sustained protests. Attendees will learn about the enhanced pleading standard from the Warfighter decision and NDAA Section 875’s new payment withholding provisions for incumbent protesters.

Kelsey HayesKelsey Hayes
David TimmDavid Timm
clock 2:20 pm - 2:40 pm EST

Notable Decisions: Key Case Law from 2025

A deep dive into the Precipient AI en banc decision that reaffirmed interested party standing requirements and its implications for future protesters. This session also explores conflicting rulings on Other Transaction Agreement jurisdiction from the Raytheon and Telis-Doe decisions.

Kelsey HayesKelsey Hayes
David TimmDavid Timm
clock 2:40 pm - 2:55 pm EST

The Gen-AI Trap: Misuse and Sanctions

This session addresses the surge in generative AI misuse across procurement tribunals, including fabricated citations and the O’Ready LLC sanctions case. Attendees will learn about verification imperatives, privilege concerns when using commercial AI platforms, and professional responsibility considerations.

Kelsey HayesKelsey Hayes
David TimmDavid Timm
clock 2:55 pm - 3:00 pm EST

Strategic Outlook for 2026 and Q&A

Synthesizing the day’s lessons into actionable guidance, this session covers forum selection strategy given GAO’s enhanced pleading standard. Discussion includes monitoring DOGE impacts, FAR overhaul implementation, and questioning government AI use in evaluations.

Kelsey HayesKelsey Hayes
David TimmDavid Timm
David Timm

David Timm

Burr & Forman, LLP

Kelsey Hayes

Kelsey Hayes

Burr & Forman

David Timm

David Timm

Burr & Forman, LLP

David helps contractors when their work with the Government goes wrong, focusing on complex disputes, claims, and bid protests over federal, state, and local government contracts.

Professional Involvement

Chair of the bid protest committee for the Federal Bar Association's Government Contracts Section. Co-chair for Burr & Forman's AI committee.

Experience

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. He advises companies navigating SBA rules including the 8(a) program, HUBZone, SBIR, and others. He has extensive E-discovery expertise and has qualified for a U.S. Top Secret Security clearance, frequently working on cases involving classified materials.
Kelsey Hayes

Kelsey Hayes

Burr & Forman

Kelsey Hayes is a partner in Burr & Forman’s Government Contracts practice group. She regularly, and successfully, litigates bid protests, claims, and disputes before the U.S. Government Accountability Office (GAO), the Boards of Contract Appeals, and U.S. Court of Federal Claims. Ms. Hayes also advises and counsels clients on a wide range of government contracts matters, including FAR and DFARS compliance, the U.S. Small Business Administration’s (SBA) regulations and contracting assistance programs, and risk mitigation.

David Timm

David Timm

Burr & Forman, LLP

David helps contractors when their work with the Government goes wrong, focusing on complex disputes, claims, and bid protests over federal, state, and local government contracts.

Professional Involvement

Chair of the bid protest committee for the Federal Bar Association's Government Contracts Section. Co-chair for Burr & Forman's AI committee.

Experience

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. He advises companies navigating SBA rules including the 8(a) program, HUBZone, SBIR, and others. He has extensive E-discovery expertise and has qualified for a U.S. Top Secret Security clearance, frequently working on cases involving classified materials.
Kelsey Hayes

Kelsey Hayes

Burr & Forman

Kelsey Hayes is a partner in Burr & Forman’s Government Contracts practice group. She regularly, and successfully, litigates bid protests, claims, and disputes before the U.S. Government Accountability Office (GAO), the Boards of Contract Appeals, and U.S. Court of Federal Claims. Ms. Hayes also advises and counsels clients on a wide range of government contracts matters, including FAR and DFARS compliance, the U.S. Small Business Administration’s (SBA) regulations and contracting assistance programs, and risk mitigation.

Credits by state

AK1.0
AL1.0
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AZ1.0
CA1.0
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DC
DE1.0
FL1.0
GA1.0
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IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
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MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
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Live stream programs

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
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Pending
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Approved
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Approved
Oklahoma
Pending
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Pending
Pennsylvania
Approved
Rhode Island
Pending
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Pending
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No Required
Tennessee
Approved
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Approved
Utah
Pending
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Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs