Course Information
Course Description
The Federal Government spent $700 billion on grants in fiscal year 2018, compared to $500 billion on contracts to run the Government. That spending delta has been consistent for the last 40 years. There is a lot more money spent on grants than on contracts to run the Government, a trend that is likely to continue in the 116th Congress. Grants are highly competitive, mostly cost-reimbursement instruments that are full of legal compliance requirements, and hedged with remedies and significant penalties for noncompliance, which means that grantees need competent legal and grant administration support.
This program, presented by Pete Dungan (materials prepared by Kenneth J. Allen), gives a comprehensive overview of federal grant practice, from beginning to end, with an emphasis on its legal aspects, including a grantee’s rights in intellectual property developed with federal funding, grant fraud, and government remedies. Lawyers who practice in the realm of government procurement contacts (i.e., under the FAR) will gain the skills required by grantee organizations.
Learning Objectives:
- Discuss the environment of federal financial assistance, including agency grant regulations
- Review the differences between a grant and a government procurement contract, and a grantee’s award subgrant and a contract for commercial support for the grantee
- Examine mandatory disclosure of grantee conflicts of interest and criminal violations
- Grasp the grant application and evaluation processes
- Address ‘The Supercircular’ and some key compliance burdens it places on grantees
- Review agency remedies against non-compliant grantees, including government responses to grant fraud
Credit Information
Faculty
Pete Dungan
Miles & Stockbridge
Pete Dungan brings two decades of national security and public procurement law experience to bear for his clients. As an Army veteran, Pete knows failure is not an option when clients trust him with their most important matters – when a billion dollar contract is on the line, when the government seeks to claw back hundreds of millions of dollars, and when a contractor's eligibility to continue winning government business is at risk.
A litigator by training, Pete secures positive results for contractors in bid protests and contract claims against federal agencies as well as state, local, and educational (SLED) organizations. He is the veteran of more than 80 bid protests at the U.S. Government Accountability Office and the U.S. Court of Federal Claims. Pete is recognized by his peers as a leader in contract disputes, and he serves as co-chair of the American Bar Association Section of Public Law's Bid Protest Committee as well as a vice-chair of its Contract Claims and Disputes Resolution Committee.
Not only is Pete a litigator who contractors count on, he also possesses deep understanding of the industry. His broad base of experience – gathered from two decades of military service – allows him to provide unique perspectives to his clients in transactional and investigational matters. Pete has advised on some of the most important and complex mergers and acquisitions in the government services industry. And, he is an authority on matters affecting contractors on the battlefield, having served in Afghanistan advising a special operations task force.
Pete recently retired from the U.S. Army Reserve as a Lieutenant Colonel after over 21 years of service, most recently serving as the Deputy Chair and Adjunct Professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School in Charlottesville, Virginia.
Reviews
great overview of the federal grant program; thank you
Informative and helpful. Thank you.
Presented shared lots of good ideas and information.
Interesting topic and presentation.
Good contrast with procurement law CLEs,
Great coverage of important information for government and non profit attorneys
Good presentation