OTA Today: Bid Protest Jurisdiction in the Wake of the Court of Federal Claims Hydraulics Decision

Event Recording

Description: 

Is your other transaction (OT) award susceptible to protest in federal court?  Does it matter whether you are awarding a prototype or follow-on production OT? What impact will an OT protest have on your mission and team?  Join our knowledgeable panelists for a review of the statutes and case law governing OT bid protests and a lively discussion of what that means for Agreements Officers and other members of the acquisition workforce. 

Moderator:

Kristine Kassekert, DAU Learning Director for OTA

Speakers:

Galina Fomenkova, Attorney, United States Department of Justice

Galina I. Fomenkova is a Trial Attorney with the National Courts Section of the Commercial Litigation Branch, United States Department of Justice.  She represents the United States in bid protests and other matters before the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit.  Prior to joining the Justice Department in 2019, she was an associate at Williams & Connolly LLP, where her practice focused primarily on pharmaceutical patent litigation.  She holds a B.S. in Neuroscience from the University of California, Los Angeles and a J.D., with high honors, from the University of Chicago Law School.

Major Jason Coffey, Attorney, U.S. Army Legal Services Agency (USALSA)

Major Jason Coffey currently serves as a trial attorney on Team III of the Contract Litigation & Intellectual Property Division (KLIP), U.S. Army Legal Services Agency (USALSA).  He represents the U.S. Army worldwide in all stages of civil litigation against potential and current defense contractors in complex, multi-million dollar cases before the Government Accountability Office (GAO), the Armed Services Board of Contract Appeals (ASBCA), and various federal courts.  He received his B.A. from the University of California Los Angeles; a J.D. from The Ohio State University; and an LLM focused in contract and fiscal law The Judge Advocate General’s Legal Center & School (TJAGLCS).

Andy Smith, Chief, Bid Protests, U.S. Army Legal Services Agency (USALSA)

Andrew (“Andy”) J. Smith currently serves as the Chief, Bid Protests for the Contract Litigation & Intellectual Property Division (KLIP), U.S. Army Legal Services Agency (USALSA), and is responsible for the litigation of protests filed against a multitude of Army and DoD agencies at the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC).  He supervises, trains and mentors military and civilian trial attorneys in defending protests.  Additionally, Andy serves as the Acting Army Chief Trial Attorney (CTA) when the CTA is absent.  He previously served as a Senior Attorney at GAO, where he resolved bid protests.  Andy is a retired Lieutenant Colonel and former JAG.  He is the co-chair of the American Bar Association’s Public Contract Law Bid Protest Committee.

CLPs:

1.5

Other Resources:  

• DAU OT Community
  

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