This course covers new developments in electronic contracting and how e-commerce initiatives will impact, affect, and facilitate Government contracting.

Electronic commerce (e-Commerce) offers many opportunities to government contracting personnel in both the public and private sectors. In addition to the efficient commercial item procedures available under FAR Part 12, e-Commerce leverages the advantages of the latest information technologies to further streamline the acquisition process. This unique course addresses key e-Commerce initiatives and explains how they can be used within the context of streamlined acquisitions. The course will explain how agencies and contractors can take advantage of the new ways of doing business authorized by recent legislation, executive orders, and policy decisions. Areas to be discussed include the use of electronic signatures; web-based market research; central contractor registration; electronic data interchange (EDI); electronic posting of solicitations; electronic transmission of proposals; electronic funds transfer; encryption and security issues; intellectual property issues; international issues; and new or proposed legislation. In addition, the course will address specific commercial item issues, such as the commercial item definitions, the Truth in Negotiations Act, price reasonableness determinations, commercial item financing and the commercial item clauses.

If you are a contractor selling to the Government or to higher-tier contractors, the new rules have significantly changed the way you market your products or services. And if you are a buyer for the Government or a contractor, the new rules significantly change the way market research is conducted. In short, e-Commerce has changed and will continue to change the way contractors and agencies do business. It is essential that anyone involved in government contracting fully understand how to maximize the opportunities available in this new environment.

1. Overview
   1. Challenges of e-Procurement
   2. e-Procurement Tools
   3. Statutory and Policy Milestones
   4. e-Procurement Guidelines
   5. Need for e-Procurement
   6. Department of Defense e-Contracting

2. Federal Acquisition Regulation (FAR)
   1. Changes in FAR
   2. Regulation of Electronic Commerce in Contracting, FAR 4.5
   3. Federal Acquisition and Streamlining Act of 1994
   4. Definition of Commercial Items
   5. Role of Commercial Items in e-Procurement

3. Current State of e-Contracting
   1. Commercial Vendors and Federal Agencies in the Marketplace
   2. Single Point of Entry
      1. FirstGov
      2. FedBizOpps
      3. DODBusOpps
      4. CBDNet
   3. FAR Part 5: Current Requirements and New Rules
   4. Reverse auctions

4. e-Commerce Legislation
   1. Government Paperwork Elimination Act (GPEA)
   2. Electronic Signatures in Global and National Commerce Act (E-sign)
   3. Uniform Electronic Transactions Act (UETA)
   4. Comparison of UETA and E-sign and Impact on Contract Clauses
   5. Uniform Computer Information Transactions Act (UCITA)

5. FAR Part 12: Acquisition of Commercial Items
   1. Policy
   2. Applicability
   3. Contract Format
   4. Protection of Technical Data
   5. Seller's Representations and Certifications
   6. Contract Terms and Conditions
   7. Commercial Item Subcontractors

6. GSA Case Study in e-Commerce
   1. Basic Rules of GSA Contracts
   2. Non-Commercial Requirements
   3. Competition Requirements for GSA Orders
   4. Examples of Federal Supply Schedule Contract Pitfalls
   5. Federal Supply Schedule Challenges and Risks
   6. GSA Advantage!
   7. eFast
   8. Buyers.gov
   9. Smallbiz.gov
   10. Selling e-Commerce Services to the Government

COURSE FACULTY

Bill Shook chairs Preston Gates' Government contracts practice group and is the co-author of the 1999 text, Government Contract Law. His practice focuses on representing commercial vendors selling commercial items and services either directly to the government or through subcontracts. He currently serves as vice chair of the Commercial Products and Services Committee of the ABA's Public Contract Law section and lectures for various organizations. He has spent twenty-five years working on a wide variety of government contracts matters including ten years working for congressional committees in both the U.S. House of Representatives and the U.S. Senate. Bachelor of Arts, magna cum laude, from Brigham Young University; Juris Doctor degree, with honors, from George Washington University.

Kelley Doran concentrates his practice in the representation of commercial hardware, software and information technology service companies that sell products and services to federal, state and local governments. He assists companies in formulating proposals and negotiating contracts with public sector customers, counsels prime and subcontractors on contract negotiations, contract interpretation issues, risk reduction procedures and rights in software and technical data. He is an experienced government contracts litigator in the area of bid protests and small business size determinations. Bachelor of Arts, cum laude and Phi Beta Kappa, from Bates College; Juris Doctor degree from Washington & Lee University School of Law.

Matt Koehl is the General Counsel at Micron Government Computer Systems, a Top 5 GSA Schedule 70 contractor. Previously, Matt was Of Counsel to Preston Gates, where his practice focused on assisting commercial hardware, software and IT service companies to transact business with federal, state and local Government agencies. Matt has extensive experience helping companies respond to False Claims Act investigations and litigation, conduct internal investigations, prepare large dollar-value proposals, negotiate contracts, and create and implement compliance programs. Bachelor of Arts, with honors, from Colgate University; Juris Doctor, cum laude, from Washington & Lee University School of Law.