Professor’s Forum 2025: Selecting the Right Type of Contract

Professor’s Forum 2025

Professor Ralph Nash and Tim Sullivan are delighted to present the ninth year of “The Professor’s Forum,” a monthly virtual class designed to delve into some of the most challenging issues facing contractors and Government personnel alike. As always, each session will give you and your colleagues the opportunity to hear from two of the most experienced lawyers in the business of government contracting, and their discussion will very likely lead to you and your team applying what you just learned to the challenges your organization is currently facing. Looking for instant gratification? This is your chance!

All Sessions 2:00-3:30pm ET

Feb 27: Two Step Procurement Procedures

Most of us are very familiar with the ins and outs of a best-value competition under FAR Part 15, and the same is true of the process used to award contracts under procurements for a multiple award, Indefinite-Delivery Indefinite Quantity contract. But the same is not true of the several two-step procedures that are available under the FAR and are designed to screen out unqualified or less qualified offerors in the first step. Join Professor Nash and Tim Sullivan as they discuss these two-step procedures, certain statutory obstacles that complicate things, and possible changes for policy makers to consider.

Mar 27: Technical Proposals

While technical proposals are not required in conducting a competitively negotiated procurement, many agencies use them as a standard part of the procedure. However, they increase the costs incurred by companies in competing for the procurement, as well as the cost and time required for agencies to evaluate their merits. We will discuss the various uses of technical proposals and the pros and cons regarding their use. We will encourage participants to give us their views on this practice.

Apr 24: Selecting the Right Type of Contract

Selecting the best type of contract for a particular program may be a contracting officer’s most important job. Over the years, however, Congress has sent conflicting messages about its preferences and agency guidance is not only inconsistent from agency to agency but is also, in many cases, counter-productive. Join Professor Ralph Nash and Tim Sullivan as they discuss the current status of contract guidance, the practices that have developed as a result, and possible solutions that would benefit both the government and industry.

May 22: Market Based Competition

Volume 3 of the Final Report of the Section 809 Advisory Panel on Streamlining and Codifying Acquisition Regulations contains some fascinating recommendations, not the least of which is the panel’s discussion of the need to update the Defense Department’s business practices so that it has the tools and processes necessary to optimize its purchasing power. One of those tools would be the use of “market-based competition,” whereby the Department of Defense would be allowed to make purchases under $15 million the same way that we buy goods and services for our own use. In other words, if the agency wants to purchase readily-available commercial items or services, it could do so without being required to issue a formal solicitation.

Change is clearly in the air, and all of us need a better understanding of what we can expect. What statutes and regulations need to change to make this happen?  When will these changes be made? Are we ready for such significant changes?  Join Professor Ralph Nash and Tim Sullivan as they delve into the Section 809 panel’s findings and recommendations and as they discuss what the future holds for Federal agencies and contractors alike.