This course is designed to provide attorneys with an overview of the public procurement process, key laws and regulations governing government contracting, changes in the procurement process, and best practices for government contract bidding. The course also covers the importance of following best practices, key clauses and provisions in government contracts, bid protests, and corrective actions.
The course will begin with an overview of the public procurement process, including how the government identifies needs, conducts market research, and puts out a solicitation for offers or bids. We will also discuss how offers are evaluated, and the government awards a contract to the successful bidder. The administration of the contract continues until successful completion, and contract closeout involves final invoicing and audits.
Next, we will examine the key laws and regulations governing government contracting, including the Competition in Contracting Act (CICA), the Federal Acquisition Regulation (FAR), and agency-specific regulations. We will discuss how these laws and regulations promote maximum competition in government contracting, ensure transparency and integrity in the use of public funds, and govern the process for challenging government actions.
The course will then cover changes in the government contract procurement process, including the swing between prioritizing getting the best product/service and getting it quickly. We will also discuss the use of indefinite quantity, indefinite delivery contracts (IDIQ contracts), which have become more prevalent, their benefits and unintended consequences of limiting competition.
Best practices for government contract bidding will be discussed next, including a uniform contract format, sections L and M, preparing documents carefully, and attending industry days to clarify doubts. We will also discuss common mistakes bidders make, such as missing the proposal deadline, waiting until the last minute, and not providing all required information.
The course will also cover the importance of following best practices, increasing the chances of winning a bid, and ensuring that the proposal is evaluated and considered for the contract.
We will then examine the key clauses and provisions in government contracts, including Section L (Instructions to Offerors) and Section M (Evaluation Criteria). We will also discuss the approval process for government contracts, which varies based on agency-specific regulations, dollar value, and type of procurement.
Finally, we will cover bid protests, which are a common way for companies to challenge a contract award decision. We will discuss common reasons for bid protests, corrective action, and how agencies can address issues raised in a protest.
At the end of this course, attorneys will have a better understanding of government contracting law and best practices, enabling them to assist clients in navigating the procurement process and avoiding common mistakes.
Some of the topics discussed include:
Overview of the public procurement process
Key laws and regulations governing government contracting
Changes in the procurement process
Best practices for government contract bidding
Importance of following best practices
Key clauses and provisions in government contracts
Bid protests and corrective actions.