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

(350 Ratings)

Produced on: July 10, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Beginner

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


Faculty

Raymond F. Monroe

Miles & Stockbridge P.C.

Ray Monroe, a principal at Miles & Stockbridge, has 30+ years of experience representing national and multi-national businesses and quasi-public entities on litigation, ADR, and counseling matters in a broad array of industries from aerospace to utilities relating to public procurement and grants. His experience includes bid protests; claims; compliance programs; corporate governance; cybersecurity; disaster response and hazard mitigation grants; ESPCs; False Claims Act; FCPA; internal and external investigations; mandatory disclosures; public-private partnerships; Public Law 85-804 indemnification; and suspension and debarment.

Ray also counsels clients regarding the implementation of policy and procurement initiatives at the international, federal, state, and local levels. He is involved with cloud computing, disaster response, green technology, High Speed Rail, infrastructure improvement, and renewable energy initiatives.  In addition, he assists both private and public clients in designing procurement policies and procedures and alternative dispute resolution (ADR) mechanisms; he represents clients in ADR proceedings; and he has participated in arbitrations as a party arbitrator.

Before joining Miles & Stockbridge, Ray was a Partner in the Government Contracts Group of Crowell & Moring. Ray received his law degree from Duke University School of Law in 1980, with distinction, where he served as Executive Editor of the Duke Law Journal. Ray received his undergraduate degree from Hobart College in 1977, Phi Beta Kappa, where he majored in physics and history. Following law school graduation, Ray clerked for Justice Stewart G. Pollock of the New Jersey Supreme Court. Ray is admitted to practice in the District of Columbia and New Jersey.





Stephen P. Ramaley

Miles & Stockbridge P.C.

Steve Ramaley, an associate at Miles & Stockbridge, is a government contracts and grants lawyer. Steve assists public and private entities with government contract and grant compliance; government audits and fraud investigations; small business preference programs, domestic preference rules (BAA/TAA) and export control laws; intellectual property rights and cyber-security; subcontractor and teaming agreements; and other matters relating to domestic and international commerce.

Steve received his JD, magna cum laude, Order of the Coif, from American University Washington College of Law in 2011, where he served as Editor-in-Chief of the International Law Review.  Steve was an Echols Scholar as an undergraduate student at the University of Virginia, from which he earned degrees in Government & Foreign Affairs and Middle Eastern Studies.



Katherine Burrows

Miles & Stockbridge P.C.

Katie Burrows, counsel with Miles & Stockbridge, is a government contracts lawyer who represents clients in bid protests before state and federal agencies, the Government Accountability Office, and the U.S. Court of Federal Claims. Katie also assists clients in a variety of other litigation forums including state courts, federal district courts, and federal boards of contract appeals in matters involving contract claims, disputes between subcontractors and prime contractors, and qui tam suits under the Civil False Claims Act.

Katie received her undergraduate degree from the University of Pennsylvania and her JD from the University of Baltimore, magna cum laude. Katie has taught as an adjunct professor at Anne Arundel Community College’s Legal Studies Institute.

Katie is also the co-founder of The Burrows-Hill Foundation to Fight Friedreich’s Ataxia.

Reviews

JC
Joseph C.

Excellent Instructor

IH
Ingrid H.

good practical guide to federal procurement issues

GM
Gregory M.

Best Course so far.

EL
Erin L.

Very informative on a tricky topic

DO
Daniel O.

Interesting course.

SE
Stephen E.

These presenters were great...well-organized and articulate.

CR
christopher r.

Very helpful materials in an area that could take several days.

SC
Sherri C.

Katherine Burrows was particularly good.

AS
Allan S.

Great Speaker. Very informative.

EF
Elliot F.

Good treatment of a highly technical subject. I enjoyed the presentation.

AP
Adrienne P.

Good presentation

EF
Elizabeth F.

Excellent presentations

WM
Wyndham M.

great faculty

WS
William S.

Great introduction to government contracts! Thank you.

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