Government procurement has evolved in the past decade — it has become a system that encourages negotiations after the receipt of proposals. The process can be very elaborate or quite simple, and attorneys and contracting professionals must fully understand the source selection process and how requirements may be narrowed during the negotiations to gain or hold on to a share of the government contract business.
Competitive Negotiation: The Source Selection Process (2nd Edition) is the result of the partnership of The George Washington University Law School Government Contracts Program and The CCH Business and Finance Group. It is a thorough text, examining conventional and alternative systems for competitive negotiations in light of current statutes, regulations and case law. It discusses the distinct steps and laws behind the negotiation process from the inception of the requirement for goods or services to the award of the contract and the debriefing of the losing offerors.
Gain understanding of:
* The history of the award process and how the system has evolved
* Scoring techniques for selecting contractors
* Strategies used in oral and written negotiations
* Post-selection procedures
* Procedures initiated by the Federal Acquisition Regulation (FAR)to permit streamlining
* Techniques and tools to develop proposals that offer the best value to satisfy the call
* Decisional law and forums for challenging award contracts
Draw on the insight given by the authors — the pre-eminent authorities in government contracting — the unbiased analysis of important case law and decisions provides an overview of the current legal environment and helps you put everything in perspective.
Ralph C. Nash, Jr. is a widely recognized author and lecturer in the Government contracts field. He taught at the George Washington University Law School from 1960 to 1993, retiring to become Professor Emeritus. In 1960, he founded the University's Government Contracts Program and served as its Director from 1960 to 1966 and from 1979 to 1984. In addition to teaching, he does consulting work for government agencies, private corporations, and law firms. He is a member of the Public Contract Section of the American Bar Association, is a member of the Procurement Round Table, and is a Fellow and serves on the Board of Advisors of the National Contract Management Association. He was a member of the DOD Advisory Panel on Streamlining and Codifying Acquisition Laws (Section 800 Panel). Professor Nash is the author of Government Contract Changes and the coauthor of several texts, including Formation of Government Contracts, Administration of Government Contracts, Competitive Negotiation: The Source Selection Process, Construction Contracting, Patents and Technical Data, and The Government Contracts Reference Book. He received an A.B. from Princeton University and a J.D. from George Washington University.
John Cibinic, Jr. was Professor Emeritus at The George Washington University Law School where he taught from 1963 to 1993. From 1966 to 1974, he was Director of the Government Contracts Program. A respected spokesman in the field of government contracts, Professor Cibinic conducted seminars and conferences on government contracts for professionals in government and corporations, and for lawyers. He also served as a consultant to government agencies, private corporations, and law firms. He was vice-chairman of the Cost and Pricing Committee of the Public Contract Section of the American Bar Association. Professor Cibinic coauthored several books, including Formation of Government Contracts, Administration of Government Contracts, Competitive Negotiation: The Source Selection Process, and Construction Contracting. He received an A.B. from the University of Pittsburgh and a J.D. from George Washington University. Together, with Professor Ralph Nash he coauthored the Nash & Cibinic Report, a monthly newsletter.
Karen R. O'Brien is of counsel in the law firm of McCarthy, Sweeney & Harkaway, P.C. and has over 16 years experience in Government contracting, first in the Army Judge Advocate General's Corp and then as editor of the Nash and Cibinic works. In addition, Ms. O'Brien is co-author on Competitive Negotiation: The Source Selection Process (2d ed. 1999) with John Cibinic Jr. and Ralph C. Nash, Jr.; The Government Contracts Reference Book (2d ed. 1998) with Ralph C. Nash, Jr. and Steven L. Schooner; and Elements of Contract Formation (2000) and Elements of Contract Administration (2d ed. 2001) with Richard D. Lieberman. Ms. O'Brien received a B.A. in accounting, magna cum laude, from Niagara University and a J.D., cum laude, from Vermont Law School.
