C. Richard Pennington
FAX: 303.634.4400
Experience
Richard Pennington's practice focuses on federal, state and local procurement, and helping various clients understand the practices, statutes and rules governing procurement by federal, state and local governments.
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.”
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). Mr. Pennington is a life member of NASPO and continues to be active in the association. In 2009, he was awarded NASPO's Guilio Mazzone Distinguished Service Award.
Mr. Pennington is certified by the two leading procurement professional associations. He holds lifetime certifications as a Certified Purchasing Manager by the Institute of Supply Management (ISM) and 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, 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.
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.
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.
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)
- “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:
- Moderator, "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)
- “Diagnosing A Split Personality: The Outsourcing and Off Shore Contracting Debate,” NCMA World Congress, Phoenix, AZ (2005)
- “Ethics and Procurement,” Annual Meeting of the National Association of State Procurement Officials, Nashville, TN (2003)
- “Public Construction Law," Continuing Legal Education, Inc. (2003)
Professional Activities:
- Colorado Bar Association
- ABA Public Contract Law Section
- National Association of State Procurement Officials (life member)
- National Contract Management Association
- National Institute of Governmental Purchasing
- Fellow, American Bar Foundation