Of Counsel, Denver
1875 Lawrence Street
Suite 200
Denver, CO 80202

TEL: 303.634.4383
FAX: 303.634.4400
EMAIL: rpennington@mckennalong.com

PROFILE

Richard Pennington serves Of Counsel to McKenna Long & Aldridge LLP in the Denver Government Contracts practice group.  He joined the firm in 2006 and is focusing his practice on state and local procurement, helping clients understand the practices, statutes and rules governing procurement by federal, state and local governments.

Richard is the former director of the Division of Finance and Procurement, Colorado Department of Personnel & Administration.  Before his retirement from public service in 2005, Richard managed a division having statewide responsibilities and consisting of the Office of the State Controller, the State Purchasing Office, Central Collections Services, and State Buildings and Real Estate Programs.  In 2005, Richard was selected by the Colorado State Managers Association as the 2005 Manager of the Year.  Among his achievements cited by the association was Richard’s leadership in developing an organizational performance improvement model for his division. 

Richard previously served as Colorado State Purchasing Director.  His office maintained the state’s Bid Information and Distribution System (BIDS), conducted training for purchasing professionals statewide, set policy and promulgated procurement rules, issued decisions on bid protest appeals, managed the small business outreach program, issued solicitations for agencies not having delegated authority, performed peer assistance oversight reviews on delegated agencies, managed the state’s procurement card program, and sourced and administered the state’s 350 price agreements.  Richard was co-manager with the Utah state purchasing director on the joint Colorado/Utah e-procurement system pilot implementation.  During his tenure, Richard served on the board of directors of the National Association of State Procurement Officials (NASPO) and as chair of the Western States Contracting Alliance (WSCA), a purchasing consortium of purchasing directors from states in the western United States.  In that capacity, Richard steered development of a process for national cooperative purchasing.  Richard continues to be an honorary member of NASPO.

Richard achieved certifications from the two leading procurement professional associations.  He holds a lifetime certification as a Certified Purchasing Manager by the Institute of Supply Management (ISM).  Richard also achieved certification as a Certified Public Purchasing Officer by the Uniform Public Purchasing Certification Council, an organization jointly established by the National Institute of Governmental Purchasing and the National Association of State Procurement Officials. 

Before moving to senior management positions for the State, Richard served with Colorado Attorneys General Gale Norton and Ken Salazar.  Richard was the legal advisor to the state controller, state purchasing director, and the state architect.  He advised state agencies and institutions of higher education in procurement and contracting, and he defended procurements challenged by disappointed bidders in state court.  In 1999, Richard was selected by the Attorney General to lead development of a new construction litigation unit, advising agencies and institutions statewide in construction disputes.  Richard defended and won the first prison construction case involving the Department of Corrections that went to trial and judgment. 

Mr. Pennington is a retired Air Force colonel and judge advocate who concentrated in federal procurement.  At the time of his retirement, he was chief of the Air Force Commercial Litigation Division, working with the Department of Justice in litigating bid protest, bankruptcy, contract disputes and patent infringement cases filed in federal courts across the nation.  He advised the Air Force Judge Advocate General and senior Air Force staff in government contract issues, fraud remedies and qui tam actions, contracting-out policies, fiscal law, acquisition law reform, and intellectual property law.  His litigation practice with DOJ included bid protests, contract disputes act claims, and federal appeals involving a variety of government contracts issues.  

Mr. Pennington received his Air Force commission and undergraduate B.S. degree in engineering mechanics from the Air Force Academy (Distinguished Graduate).  He has a J.D. degree from the University of Denver (Order of St. Ives) and an LL.M. degree in government procurement law from The George Washington University.

Richard has taught graduate and undergraduate courses at George Mason University, the University of Maryland, Northern Virginia Community College, and the University of Denver.  His courses have included government contract law, contract negotiation and administration, legal issues in project based management, and managing intellectual property.