Introduction to Government Contracting Part II: Post Award Contract Administration

(229 Ratings)

Produced on: July 10, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Intermediate

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 that 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 successfully becoming, surviving and thriving as a government contractor.

In this course, which is Part II of a two-part introduction to government contracts, attorneys Raymond Monroe, William “Billy” R. Martin, and Theodore “Ted” Ebert, address post-contract award issues, including contract administration, contract interpretation, the authority of government personnel, and key Federal Acquisition Regulation (FAR) provisions and clauses, including standards of conduct, codes of conduct/ethics, socioeconomic provisions, domestic preferences, costs, cost accounting, the Truthful Cost or Pricing Data Act (formerly known as TINA), data rights, changes, claims, disputes, terminations, and mandatory disclosure. Part II also covers the unique audit, investigation, civil, criminal, suspension, and debarment risks facing government contractors, the importance of mitigating those risks, and the methodology for mitigating those risks through tailored corporate governance, risk management, and compliance (GRC) “infrastructure.”  

Learning Objectives: 

  1. Understand the basic principles of what happens after the award of a federal government contract, including the basic principles of contract administration, contract interpretation, and the authority of government personnel
  2. Identify the key contract clauses and regulations unique to federal government contracts
  3. Recognize the unique Changes and Disputes Process applicable to federal government contracts
  4. Grasp the unique audit, investigation, civil, criminal, suspension, and debarment risks facing federal government contractors
  5. Discuss the importance of mitigating the risks of being a federal government contractor through integrated corporate governance, risk management and compliance (GRC) “infrastructure” 




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.





William R. ("Billy") Martin

Miles & Stockbridge P.C.

Billy Martin, a principal at Miles & Stockbridge, is consistently named one of the top trial lawyers throughout the United States. He has tried more than 150 jury trials, many in United States District Courts throughout the country involving large corporations and leading figures in politics, sports and entertainment. Among his honors, Martin was previously named one of the Nation’s “50 Most Influential Minority Attorneys and “A Trailblazer in the area of White Collar Criminal Law” by The National Law Journal.

Before entering private practice, Billy served as a state and federal prosecutor from 1976 until 1980. In 1980 he was appointed to serve as a Special Attorney in the Organized Crime Strike Force in San Francisco, a position he held for four years. He then moved from San Francisco to Washington, D.C., where he served as an Assistant United States Attorney for four years before being promoted to the Executive Assistant U.S. Attorney for the District of Columbia, a position he held until he left the office to begin private practice.

Billy received his law degree from the University of Cincinnati College of Law in 1976 and his undergraduate degree from Howard University in 1973.



R. Theodore Ebert

Miles & Stockbridge P.C.

Ted Ebert, a counsel at Miles & Stockbridge, has 30+ years of experience advising clients on all aspects of government and commercial contracts, mergers and acquisitions, compliance, risk management and internal investigations. Ted provides general counsel outsourcing services to businesses and organizations that range from industry leaders to cutting-edge start-ups.

Before joining Miles & Stockbridge, Ted held senior legal and executive roles at Lockheed Martin Corporation, including serving as assistant general counsel for Lockheed’s Technical Services business segment that provides worldwide technical services and operation assistance to U.S. government and commercial customers and as vice president (contracts) for a multi-billion dollar Lockheed business segment where he managed a staff of 260 professionals with responsibility for government contracts, foreign military sales, international direct sales and domestic commercial sales. Prior to Lockheed, Ted was senior counsel with Raytheon Technical Services Co.; a partner with the law firm Crowell & Moring LLP; and deputy associate administrator for congressional affairs and chief legislative counsel for the United States General Services Administration.

Ted earned his J.D. from the Dickinson School of Law (Pennsylvania State University), serving as a member of the Dickinson Law Review.



Reviews

IH
Ingrid H.

very good discussion of the myriad issues arising in government contracting; very articulate faculty with helpful practice comments.

DO
Daniel O.

Great course.

CC
Cate C.

This was an excellent presentation--thorough, practical, and smart.

BT
Barbara T.

Excellent!

RM
Rondal M.

A very good job of thoroughly discussing at a high level the very complicated subject of Federal contracting

EB
Eric B.

Good presenters and materials.

SE
Stephen E.

These guys were VERY good.

JG
John G.

This is almost certainly the most informative CLE (both parts) I've viewed on Lawline. The speakers were well versed, well prepared, and seemed to enjoy the topic area.

LC
Larry Wayne C.

Great content and presentation

AS
Allan S.

Very thorough. And easy to listen to.

AP
Adrienne P.

Very good, knowledgeable speakers

EF
Elizabeth F.

These 3 guys are dynamite!

KA
Kathryn A.

WOW!! im an engineer and lawyer and have worked in government construction and contracts both in house and as outside counsel and this is hands down the best course on the subject I have ever seen. Thank you.

RH
Richard H.

Excellent. Thank you for providing another excellent opportunity to obtain knowledgeable information on the subject matter.

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