Introduction to Government Contracting Part I: From Formation Through Bid Protest

Government procurement provides significant opportunities to sell a vast range of goods and services to public entities. But, the government is not like a typical commercial customer. The rules applicable to entering into and performing a government contract are complex and significantly different than the rules of commercial contracting. Government contracting involves many laws,  regulations and practices, which are constantly evolving, that pose serious economic, contractual, civil and criminal risks for all involved. Knowing those rules in advance is essential to becoming, surviving and thriving as a government contractor.

In this course, which is Part I of a  two-part introduction to government contracts, attorneys Raymond Monroe, Katherine Burrows and Stephen Ramaley cover the federal procurement system from before the award of a contract through a challenge to the award of a contract via an agency, General Accountability Office (GAO) or court "bid protest." Part I covers the formative statutes that created the modern federal Government procurement system, critical provisions in the Federal Acquisition Regulation (FAR), and other relevant rules. Key topics covered, which are relevant to both private and public participants in the procurement process, are pre-procurement planning, source selection, contract award, bid protest forums,  procedures and practices.      

Learning Objectives: 

1. Understand the basics of federal procurement law stemming from the Contracting in Competition Act and the Federal Acquisition Regulation (FAR)
2. Identify the various procurement phases, including pre-solicitation planning, solicitation publication, proposal review, award determination, and post-award notification and debriefing
3. Recognize common concerns and issues in federal procurement law and the FAR, including those related to "full and open competition," "fair and reasonable pricing," and the numerous procurement types (sealed bidding, competitive proposals, simplified acquisition, etc.) and contract types (FFP, T&M, CPFF, etc.)
4. Grasp the bid protest process, including post-award debriefing, filing requirements, stays of contract performance, outcomes, remedies, corrective action, and recourse to the federal court system