01:53:50	Victoria Christoff:	Question from audience: I note that the NDAA FY 2018, Sec. 827, called for pilot program to reduce frivolous protests by “loser pays” requirement if protester had more than $250m in revenues. In session 3 I also heard that litigation tends to go slowly and takes a long time and therefore in some countries courts are hesitant to stay proceedings and some don’t even have judicial review (like Nebraska). Also noting that the bid protest may take a considerable amount of time, I would be grateful to have an insight on whether there is any law dealing with frivolous bid protest or litigation such as them being they factored in evaluation of future procurements, or asked in another way what is/could be the remedy to the Agency for frivolous bid protests? Frivolous complaints and litigation are a major problem in my country hence my curiosity on this. Kindly assist with a direction of any readings on frivolous bid protests and or frivolous litigation. Thank you.
01:55:15	Victoria Christoff:	ANSWER: Hello Keneilwe, as a general matter, in litigation before federal district courts, we have a well-established process put in place by our civil procedure Rule 11, which allows a court to sanction a party for filing a frivolous suit or for making misrepresentations to the court. This is a very serious course for a court to take and does not occur often. The Court of Federal Claims, one of our bid protest forums, has a similar rule (RCFC Rule 11). At the GAO, the GAO has authority to dismiss any suit it believes is frivolous.  Apart from sanctions from the court, counsel that files frivolous claims can be referred to their state bar ethics committee and can be subject to sanctions or even lose their law license.
01:57:10	Victoria Christoff:	QUESTION: So there are no remedies which are sanctions to the vendor bringing the said frivolous claim tying it to future procurements, other than an order for costs of course?
02:03:40	Victoria Christoff:	ANSWER: For misrepresentations to tribunals, the avenue for relief is generally Rule 11 Sanctions and/or bar misconduct referrals. The pressure and sanction is put on the attorneys, who are officers of the court. Now, for misrepresentations made by the contractor to the agency, such as false, fraudulent, frivolous  claims for payment,  the vendor is on the hook and can be subject to suspension and debarment, which affects the contractor's ability contract with the government moving forward, and the contractor can be subject to substantial monetary fines and criminal charges.
02:11:56	Robert Anderson:	Congratulations, Chris and Victoria (and all panelists) - great program. Best, Rob