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Hit The Ground Running: Contract Law Essentials For New Attorneys And Contract Administrators

September 1, 2022 @ 1:30 pm - 5:00 pm


You want your contracting professionals to “hit the ground running” and be as productive as possible. They probably didn’t learn enough in this area in school, and some government contract law matters–like litigation–simply do not lend themselves to a prolonged learning curve. Thankfully your “First Years” actually want the same thing—to be positive members of your team as quickly as possible. Start them out right by having them attend the Public Contracting Institute’s Hit the Ground Running Course!

This course will provide your contract professionals with the principal procedural and research skills they need to support the company in the major government contracts areas, and at the very beginning of their careers! In addition to covering the basic “life cycle” of government contracts, other topics will include: contract formation controversies (agency-level protests, GAO protests, COFC protests, and SBA challenges); contract administration controversies (CDA claims, ASBCA and CBCA appeals, COFC appeals); and contract law legal research. The presentation will also be enhanced by “real-life” problems and practical exercises. So make that commitment to your entry professionals that will pay off in all that they do.

Instructor: Lou Chiarella, Senior Government Contracts Attorney


Course outline:

  1. INTRODUCTIONA brief explanation of what we will cover (government contracting) as contrasted to the other types of government transactions that exist but that will not be covered here (CRADAs, TIAs, Grants, Other Transactions, IGSAs, Prize Competitions, Financial Assistance Agreements, SBIRs, STTRs)A summary of the various revenue streams for a law firm’s government contracts practice group–litigation; investigations and audits; counselingA quick explanation of the syllabus and what you can expect to learn (and what you cannot expect to learn) in these days regarding government contracting.
  2. THE LIFE CYCLE OF GOVERNMENT CONTRACTINGA 30 minute review of basic contracting concepts, including formation, administration, protests and disputes.
    1. Informal Agency Level Protests
    2. Formal Agency Level Protests
      • –FAR Part 33 Requirements
      • –What you can expect
    3. Government Accountability Office (“GAO”) Protests (4 C.F.R. Part 21)
      • –Requirements for a Written Protest
      • –Automatic Stays/Overrides
      • –Intervenors
      • –Protective Orders: why needed, how to apply and comply
      • –Document Production
      • –Agency Report
      • –Protester’s & Intervenors’ Comments on Agency Report
      • –Status Conferences
      • –Hearings: when held & procedures
      • –Comments on the Hearing
      • –Alternative Dispute Resolution (outcome prediction or negotiation assistance)
      • –GAO Decision within 100 days
    4. Protests at the Court of Federal Claims (“COFC”)
      • –Relation to GAO bid protest
      • –Initial filing: Complaint, Motion for Injunctive Relief
      • –Protective Order
      • –The Administrative Record
      • –Hearings
      • –Judgment on the Administrative Record (CFC Rule 52.1)
    5. Small Business Challenges
      • –Size/HUBzone, 8(a), etc. protest procedures
      • –North American Industry Classification System (“NAICS”) protest procedures
      • –Size Appeals at the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) 
    6. Appeals Procedure-ASBCA or CBCA separate but similar rules
      • –Notice of appeal
      • –Appeal
      • –Rule 4 File due at same time as Answer Due
      • –Discovery, including interrogatories, depositions and admissions
      • –Summary Judgment unlikely
      • –Hearings
      • –Post-Hearing Submissions
    7. Appeals Procedure-COFC
      • –Complaint
      • –Answer
      • –Status Conferences
      • –Greater likelihood of Summary Judgment than at BCAs
      • –Discovery
      • –Hearings
      • –Post-Hearing Submissions
    8. Appeals to the Court of Appeals for the Federal Circuit (CAFC)
    1. Claims under the Contract Disputes Act
      • –Requirements of a Claim
      • –90 day requirement for ruling
      • –Contracting Officer “Final Decision”
      • –Appeal of Final Decision to Board of Contract Appeals (“BCA”) or Court of Federal Claims
    1. Court & Board Materials
    2. GAO Materials
    3. SBA Materials
    4. Treatises/Forms Books/Westlaw/Lexis/Other
  • Federal Acquisition Regulation (FAR) (CCH 2019)
  • Defense Federal Acquisition Regulations Supplement (DFARS)
  • Cibinic & Nash, “Formation of Government Contracts” (4th Ed.)
  • Cibinic, Nash & Nagle, “Administration of Government Contracts (4th ed.)
  • Competitive Negotiation: The Source Selection Process (Cibinic and Nash)
  • Government Contracts Reference Book (4th ed.) (Nash, Schooner, O’Brien)
  • Lieberman, Grossman & Soll, “The Government Contracts Forms Book” (West 2011-12)


September 1, 2022
1:30 pm - 5:00 pm
Event Category:




Delivery Method
Live Virtual Training