C. Richard Pennington
FAX: 303.634.4400
Experience
Richard Pennington's practice focuses on state and local procurement, and helping various clients understand the practices, statutes and rules governing procurement by federal, state and local governments. In 2008, Mr. Pennington was invited to be a fellow of the American Bar Foundation.
Mr. Pennington is the former director of the Division of Finance and Procurement for the Colorado Department of Personnel & Administration. Before his retirement from public service in 2005, he 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. Also in 2005, he was selected by the Colorado State Managers Association as the “Manager of the Year.” Among his achievements cited by the Association was Mr. Pennington’s leadership in developing an organizational performance improvement model for his division.
Mr. Pennington previously served as the 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. During his tenure, he served as chair of the Western States Contracting Alliance (WSCA), a purchasing consortium of purchasing directors from states in the western United States and on the board of directors of the National Association of State Procurement Officials (NASPO) where he continues to be an honorary member. In 2007, he received the NASPO President’s Award for Excellence.
Mr. Pennington is certified by the two leading procurement professional associations. He holds a lifetime certification as a Certified Purchasing Manager by the Institute of Supply Management (ISM) and is 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, he served with Colorado Attorneys General Gale Norton and Ken Salazar. He 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 defended procurements challenged by disappointed bidders in state court. In 1999, Mr. Pennington was selected by the state Attorney General to lead development of a new construction litigation unit, advising agencies and institutions statewide in construction disputes. He 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 on federal procurement. At the time of his retirement, he was chief of the Air Force Commercial Litigation Division, working with the Department of Justice (DOJ) 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 degree in engineering mechanics from the Air Force Academy (Distinguished Graduate), his J.D. from the University of Denver (Order of St. Ives) and his LL.M. degree in government procurement law from The George Washington University.
Pennington 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.
Education
- LL.M., The George Washington University, 1983
- J.D., University of Denver College of Law, Order of St. Ives, 1979
- B.S., United State Air Force Academy, Distinguished Graduate, 1972
Admitted
- Colorado
- U.S. Court of Appeals for the Federal Circuit
Publications:
- "Colorado Procurement Handbook," West Publications, (2009)
- “Public Contracting in Colorado,” Federal Publications, Denver, CO (2008)
- “Anatomy of a Multi-State Cooperative IT System Implementation,” ABA State and Local Procurement Symposium, Austin, TX (2008)
- “Negotiating Liability Allocation Terms: Risk, Indemnity, and Intellectual Property,” Contract Management (November, 2007)
- “Legal Briefs: Quality in the Crossfire,” Inside Supply Management (September, 2006)
- “There's a New Sheriff in Town: The Auditor, Internal Controls, and You,” Contract Management (September, 2006)
- “Liability Allocation in Government Information Technology Contracts,” ABA Webcast (October, 2006)
- “Best Practices in Integration of Procurement and Financial Management Data,” National Electronic Coordinating Council (2005)
- “State of Colorado Contract Procedures and Management Manual,” Managing Editor/Contributing Author (1997-2005)
- “Alternatives to Higher Education Participation in Colorado State Government,” (a 60-page report to the Governor and Joint Budget Committee of the Colorado General Assembly) (2001)
- “Is the Lack of E-Procurement Standards a Barrier to Implementation?” National Electronic Commerce Coordinating Council (2001)
- “Funding E-Procurement System Acquisition," National Electronic Commerce Coordinating Council (2000)
- “State Procurement: Analysis and Recommendations,” (a 50-page Report to the Joint Budget Committee of the Colorado General Assembly) (2000)
- “Government Contract Law Reform: The Federal Acquisition Streamlining Act of 1994,” 24 Colo. Law. 29 (January, 1995)
- “Commercializing Government Procurement: the Federal Acquisition Streamlining Act of 1994,” 24 Colo. Law. 1039 (May, 1995)
Seminars and Presentations:
- Presenter, "ABA State and Local Procurement Symposium, Orchestrating the State, Local, and Federal Response to Disasters," ABA 4th Annual State and Local Procurement Symposium (Spring 2009)
- Presenter, “Effective Contract Negotiation: The Fusion of Law, Relationships, and Project Expectations,” Lorman Educational Services Webinar (August 2008)
- Presenter, “Negotiating Intellectual Property Liability Terms,” NCMA World Congress, Cincinnati, OH (2008)“
- Legal Issues in Cooperative Procurements, Eastern and Western Regional Cooperative Procurement Conferences,” National Association of State Procurement Officials (2006-2007)“
- Liability Allocation in Government Information Technology Contracts,” ABA Webcast CLE, October (2006)“
- Negotiating in a Sarbanes-Oxley World,” International Supply Management Conference, Institute for Supply Management, Minneapolis, MN (2006)
- “Quality and Procurement: Connecting Vision to Results,” National Association of Educational Buyers, Western Region (2005)
- “Sarbanes-Oxley and You,” National Association of State Procurement Officials and Western Region Conference, National Association of Educational Buyers, Mystic, CT/Denver, CO (2005)
- “Supply Management and the Bottom Line: How You Can Contribute?” Rocky Mountain Quality Conference, Denver, CO (2005)
- “Diagnosing A Split Personality: The Outsourcing and Off Shore Contracting Debate,” NCMA World Congress, Phoenix, AZ (2005)
- “Up PeriSCOPE! Targeting Opportunities for Organizational Innovation and Improvement,” Annual Joint Conference of the Colorado State Managers, Colorado Information Managers, and Colorado Financial Managers Associations, Breckenridge, CO (2004)
- “Negotiation: Planning and Process Seminar,” for the Denver Chapter of the National Association of Purchasing Managers/Institute of Supply Chain Management, Denver, CO (2004)
- “Ethics and Procurement,” Annual Meeting of the National Association of State Procurement Officials, Nashville, TN (2003)
- “Public Construction Law," Continuing Legal Education, Inc (2003)
- “Systematic Controls, Oversight, and Policy Evaluation (SCOPE)” Division of Finance and Procurement, Colorado Department of Personnel & Administration, (2002)
Professional Activities:
- Colorado Bar Association
- ABA Public Contract Law Section
- National Association of State Procurement Officials (honorary member)
- National Contract Management Association
- Institute for Supply Management