Maria L. Panichelli

Bid Protest Experience

Maria has extensive experience representing both protestors and intervenors in bid protests. She advises her clients through all stages of the protest process, from initial solicitation review through award, including debriefings.

She has asserted numerous protests at the agency level and routinely litigates protests before the Government Accountability Office and the Court of Federal Claims. She advises clients on pre-award protest issues such as ambiguous or contradictory solicitation provisions, unduly or overly restrictive terms, solicitation terms that are violative of applicable law improper evaluation methods and “Rule of Two” and “Kingdomware” issues. Her post-award protest experience includes unstated evaluation criteria; misapplication of stated evaluation criteria and errors in applying ratings; improper price evaluation; unequal or disparate treatment of offerors; and misleading, non-meaningful or unequal discussions. She is proficient in analyzing various protest-related issues such as jurisdiction, standing, competitive prejudice and agency deference.

Maria understands the practical side of protests: She ensures clients receive a realistic assessment concerning how likely their protest is to succeed – and how likely they are to ultimately receive a contract award. She regularly secures corrective action on behalf of her clients, often avoiding excess litigation costs.

On the intervention side, Maria knows how to work with agencies to ensure clients’ interests are represented and well-protected while avoiding duplication of efforts with agency or government counsel, maximizing cost efficiency. 

REA/Claims Experience, Litigation and Construction

Maria advises clients on how to identify claims issues early and how to communicate effectively to reach resolution and preserve claim rights, all while still successfully performing their contracts and avoiding disruption. She is proficient in the preparation of Requests for Equitable Adjustment (REAs) and Contract Disputes Act (CDA) claims and has substantial experience with the negotiation and resolution of such REAs and claims, including through various types of ADR and settlement efforts. Maria’s experience also includes, when settlement is no longer an option, CDA claims litigation before the Boards of Contract Appeals, the Court of Federal Claims and the Federal Circuit.

Maria regularly advises clients on infrastructure- and construction-related claim issues, such as implied/constructive changes (under various versions of the Changes Clause), defective designs and specifications, differing site conditions, delays and disruption/inefficiency, as well as acceleration, suspensions, improper terminations, variations in estimated quantity and liquidated damages.

She has also been involved in claims litigation relating to breach of contract and good faith and fair dealing issues, and has utilized the claims process to seek redress relating to improper or unjustified CPARS.  Outside the CDA context, Maria also has negotiated and litigated various sub/prime disputes, as well as Miller Act Claims.

Small Business Procurement Experience

Maria’s substantial work with the government’s 8(a), VOSB/SDVOSB, WOSB/EDWOSB and HUBZone small business programs, allows her to help clients applying for small business certification or competing for small business program set-aside contracts. She routinely assists with eligibility and affiliation analyses, successfully challenges negative agency findings about clients’ VOSB/SDVOSB, WOSB/EDWOSB, HUBZone and 8(a) eligibility, and defeats size and status protests brought by clients’ competitors. She also regularly assists her clients in successfully challenging ineligible competitors through assertion of size and status protests.

Maria has considerable experience drafting teaming and joint venture agreements, as well as helping clients navigate mentor-protégé programs. She helps clients safeguard their small business eligibility and advises small business clients about potential affiliation and control problems, as well as subcontracting requirements. She also assists in drafting or revising corporate governance documents to ensure compliance with small business program eligibility requirements.

Industry Experience

Maria’s clients include prime and subcontractors located and working all over the nation and abroad. They perform work for a variety of federal agencies, and span a wide range of industries, including: aerospace and defense; information technology and information systems (including enterprise architecture, technology support, and IT modernization); systems engineering and logistics operations/logistics management; project controls and integration; program management, management consulting and professional services; advisory and assistant services; human performance, staff augmentation and medical/healthcare staffing; healthcare solutions and medical supply manufacture and distribution; network operations and cybersecurity; cloud computing; telecommunications solutions; innovation and research support services; marketing and communications; strategy consulting; commissary services; real estate and facilities services; warehousing and product management; temporary shelter and life support facilities; construction; engineering, technical and industrial services; maritime construction, testing, manufacturing and ship design, maintenance, and repair; security solutions; energy efficiency (ESPCs); landscaping; dredging; and environmental remediation.