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

2025-10-23 14:00:00

1 hours

2025-10-23 14:00:00

1 Credits

Master the “Late is Late” rule, its exceptions, and strategic forum selection between GAO and COFC for bid protests.

2025-10-23 14:00:00

1 hours

Master the “Late is Late” rule, its exceptions, and strategic forum selection between GAO and COFC for bid protests.

2025-10-23 14:00:00

1 hours

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how the FAR's "Late is Late" rule works, its three exceptions, and the critical split between GAO and COFC on electronic submissions.

What will you gain

Attorneys will gain strategic guidance on forum selection for bid protests and best practices for avoiding timeliness issues in government contracting.

Late Rule
The FAR requires all bids arrive by the exact deadline for fairness.
Key Exceptions
Three exceptions exist: electronic commerce, government control, and systemic failure doctrines.
Forum Split
GAO and COFC interpret the government control exception for emails differently.
GAO Position
GAO holds the government control exception does not apply to electronic submissions.
COFC Position
COFC since 2011 applies the government control exception to email submissions.
Best Practices
Submit proposals one day early and request confirmation from the contracting officer.

What will you learn

Attorneys will learn how the FAR's "Late is Late" rule works, its three exceptions, and the critical split between GAO and COFC on electronic submissions.

What will you gain

Attorneys will gain strategic guidance on forum selection for bid protests and best practices for avoiding timeliness issues in government contracting.

Agenda

Session 1

Understanding the Federal Late is Late Rule

Session 2

Critical Exceptions to Bid Submission Deadlines

Session 3

GAO vs. COFC Forum Selection Strategy

Session 4

eSimplicity Appeal and 2025 Case Law Updates

Session 5

Practical Strategies for Avoiding Timeliness Disputes

Session 6

Additional Resources and Interactive Q&A Session

clock 2:00 pm - 2:10 pm EST

Understanding the Federal Late is Late Rule

David Timm

Burr & Forman, LLP

This session establishes the foundational concept of the Late is Late rule from the Federal Acquisition Regulations, which ensures fairness by requiring all offerors to submit bids by the exact deadline. Participants will learn how this rule appears across FAR provisions 52.212-1, 52.214-7, 52.214-23, and 52.215-1, and understand why even one minute late can disqualify an otherwise competitive proposal.

David Timm

Burr & Forman, LLP

clock 2:10 pm - 2:20 pm EST

Critical Exceptions to Bid Submission Deadlines

David Timm

Burr & Forman, LLP

This session explores the three essential exceptions to the Late is Late rule: the Electronic Commerce Exception requiring submission by 5 p.m. one working day prior, the Government Control Exception for bids under government control before the deadline, and the Systemic Failure Doctrine for widespread system disruptions. Understanding these exceptions is crucial for contractors seeking to salvage late submissions through legitimate legal channels.

David Timm

Burr & Forman, LLP

clock 2:20 pm - 2:30 pm EST

GAO vs. COFC Forum Selection Strategy

David Timm

Burr & Forman, LLP

This session examines the longstanding split between the Government Accountability Office and Court of Federal Claims on how the government control exception applies to electronic submissions. Participants will learn that GAO interprets the exception as applying only to in-person submissions while COFC extends it to email bids, making forum selection critical for protest success.

David Timm

Burr & Forman, LLP

clock 2:30 pm - 2:40 pm EST

eSimplicity Appeal and 2025 Case Law Updates

David Timm

Burr & Forman, LLP

This session covers the Federal Circuit’s December 2024 dismissal of the eSimplicity appeal as moot, leaving the GAO-COFC split unresolved, along with key 2025 cases including Crop Holdings and Sentara. Participants will also learn about the FAR overhaul’s removal of the government control exception from FAR 52.212-1 and its implications for future protests.

David Timm

Burr & Forman, LLP

clock 2:40 pm - 2:45 pm EST

Practical Strategies for Avoiding Timeliness Disputes

David Timm

Burr & Forman, LLP

This session provides actionable guidance for contractors to avoid Late is Late problems entirely, including submitting proposals at least one day in advance and requesting confirmation from contracting officers. Participants will learn that COFC is the contractor-friendly forum for timeliness disputes and how to evaluate forum selection based on the specific issues in their protest.

David Timm

Burr & Forman, LLP

clock 2:45 pm - 3:00 pm EST

Additional Resources and Interactive Q&A Session

David Timm

Burr & Forman, LLP

This concluding session provides participants with additional resources for navigating bid submission timeliness issues and opportunities to participate in FAR rulemaking through public comments. Attendees can ask questions about specific scenarios and receive guidance on applying the session concepts to their contracting challenges.

David Timm

Burr & Forman, LLP

01 06
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

David Timm

Burr & Forman, LLP

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.

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.

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
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Why Attend

Why this 
program matters

Understanding bid submission timeliness rules and the GAO/COFC split is essential for practitioners navigating the $755 billion federal contracting market where forum selection can determine protest outcomes.
$755B
Federal government spending on contracts in Fiscal Year 2024, demonstrating the massive stakes involved in federal procurement disputes.
52%
Effectiveness rate for GAO bid protests in FY 2024-2025, meaning protesters obtained some form of relief in more than half of filed cases.
32%
Decline in GAO bid protest filings over the past 10 years, reflecting significant shifts in how contractors challenge federal procurements.
266
Record number of bid protests filed at the Court of Federal Claims in 2024, a significant increase from 169 protests filed in 2023.

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