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

Kelsey Hayes, Partner | 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, Partner | Burr & Forman

David Timm is a partner in Burr & Forman’s Construction & Project Development practice group. David represents contractors and companies in complex disputes, claims, and bid protests involving federal, state, and local government contracts. David’s practice includes matters before the Government Accountability Office (GAO), Boards of Contract Appeals, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, various state courts, as well as in arbitration and mediation.

I. Regulatory Shifts: The NDAA, GAO Standard Changes, and Annual Report (Legislative impacts and changes to the standard of review.) | 2:00pm – 2:20pm

II. Notable Decisions: Winning vs. Losing in 2025 (Deep dive into the specific case law and dismissal patterns that defined the year.) | 2:20pm – 2:40pm

III. The Gen-AI Trap: Misuse, Verification, and Sanctions (How the GAO is treating AI hallucinations and the new risks for in-house counsel and pro se protesters.) | 2:40pm – 2:55pm

IV. Strategic Outlook for 2026 & Q&A (Synthesizing all objectives into forward-looking advice.) | 2:55pm – 3:00pm