Day 1 Monday February 27, 2012
7:30 Registration Opens
8:30 opening remarks by Conference Co-Chairs
Robert J. Strauss
Senior Counsel
Raytheon Intelligence and Information Systems (State College, PA)
8:45 the aftermath of the Commission on Wartime Contracting report: What effect it Will Have on Compliance, Security and acquisition Programs for Contingency Environments
Richard A. Beutel
Senior Counsel
House Committee on Oversight and Government Reform (Washington, DC)
Former General Counsel, Commission on Wartime Contracting in Iraq and Afghanistan
Moshe Schwartz
Specialist in Defense Acquisition Policy
Foreign Affairs, Defense, and Trade Division
Congressional Research Services (Washington, DC)
Tara Lee
Partner
DLA Piper LLP (Reston, VA)
The CWC’s report to Congress outlines key recommendations for reducing fraud, waste and abuse. Hear how the recommendations are being implemented, and how to adjust your internal compliance and procurement strategies going forward. Gain key insights on:
- Status of ongoing policy and regulatory initiatives to avoid future waste in contingency environments
- How CWC’s recommendations will impact contractors’ daily work flow on existing and future contracts in Iraq and Afghanistan
- What is expected to fulfill contracts in Iraq and Afghanistan while not undermining U.S. counterinsurgency efforts
9:45 Coffee Break
10:00 Positioning Your Business to Meet Emerging Legal, Compliance and Security Risks Affecting Your Operations in Iraq and Afghanistan: A Strategic Discussion
Pete Dordal Jr.
Senior Vice President
GardaWorld
Mark DeWitt
Deputy General Counsel
Triple Canopy (Reston, VA)
J.Michael Littlejohn
General Counsel
SOC LLC
Amid an evolving political and security landscape, this exclusive senior level discussion will provide you with first-hand insights on how to address the latest challenges impacting your business in Iraq & Afghanistan.
11:15 Protecting Personnel to Facilitate Large-Scale Reconstruction: Tailoring Corporate, Port and Airport Security Procedures for Iraq, Afghanistan and Other Contingency Environments
Jim LeBlanc
Vice President/Americas
Unity Resources Group (Washington, DC)
- What is the future of “non-use” of private security contractors by the Iraqi government
- Impact of private security restrictions in Iraq and Afghanistan on NGOs and development organizations
- Implementing recommendations from the Montreux Document
- Educating personnel with full disclosure on obligations, risks and hazards associated with the assignment
- Complying with DoD contracting requirements for military support of contractor personnel
- Which security functions currently performed by DoD must be performed by the Department of State after the potential transition, and scheduled military drawdown in Iraq
- Screening and hiring private security contractors to perform over 1,000 Department of State identified tasks
12:15 Networking Lunch
2:00 Managing the Implications of the Iraq Drawdown on Current and Future Contract Performance and Close-outs: Operating Amid the Transition to Department of State and a Civilian-Led Presence
Robert J. Strauss
Senior Counsel
Raytheon Intelligence and Information Systems (State College, PA)
John J. Sullivan
Partner
Gibson, Dunn & Crutcher LLP (Washington, DC)
Member, U.S.-Iraq Business Dialogue (USIBD)
- Preparing to wind down contract services, transitioning expiring contracts, and providing adequate contract management on the battlefield
- Addressing unsettled audits, claims and disputes as contracts wind down
- Ensuring performance and closing out of contracts
- Educating staff and employees on differences between DoS and DoD procurement processes
- Contractors’ role in supporting the transition to a civilian-led presence, and the resulting business opportunities
- Practical impact of the military’s reduced role in Iraq on contract performance and security
- When to replace contractor personnel with service members to ensure continuity of certain services, such as guard security and generator maintenance
- What role DoD will have once the transition is complete
- Managing the interplay of Kuwaiti contract and labor laws on contract performance
3:00 Networking Break
3:15 Taxation of Primes and Subs in Afghanistan: How Key NATO, USAID, State and DoD Requirements and Exemptions Under SOFA are Being Applied
Sanzar Kakar
Chief Executive Officer
Afghanistan Financial Services (Kabul, Afghanistan)
- DoD interpretation of SOFA: When the agreements apply to both primes and subs
- Effects of the March 2009 Afghan Tax Code revisions and update on enforcement actions
- Working with local consultants and the Afghanistan Revenue Department (ARD) to use appropriate tax exemptions when applicable
- Applying vendor and subcontractor withholding taxes under the revised June 2011 requirements
- Effects of potential tax on foreign contractors: Determining what “tax-exempt” means and current U.S.– Afghan bilateral agreements
4:00 Limiting Contractor Liability for DBa and non-DBa Covered activities, including Wrongful Death and Personal injury Claims
Michal Gnatek
Vice President and Practice Leader, Technology, Aerospace & Defense
Lockton, Inc. (Fairfax, VA)
Raymond B. Biagini
Partner
McKenna Long & Aldridge LLP (Washington, DC)
- What both prime and subcontractors need to know about employee coverage under the DBA: Responsibilities and liabilities of each
- Update on the major defenses to “Contractors on the Battlefield” cases and Defense Base Act, the political question doctrine, and the combatant activities exception
- Scope of different employment activities covered by the DBA
- Incorporating DBA coverage into your compliance program to reduce the risk of fines and imprisonment
- Protecting corporate leadership from personal liability
- When the War Hazard’s Compensation Act applies: What your firm must reimburse v. responsibilities of the insurer
- Defining “war risk hazard” and “hostile force or person” for purposes of coverage
- Update on status of DoD DBA acquisition reform
- Knowing when contract claims may be disguised as human rights violations: Assessing potential civil liability exposure
- Application of the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act (TVPA)
4:45 overcoming Unique, Heightened Record-Keeping and Documentation Challenges for Contingency Contracts
Ronald Schechter
Partner
Arnold & Porter LLP (Washington, DC)
- Ensuring necessary contract administration documentation when normal checks and balances do not exist, as in contingency environments
- Preparing records for heightened auditor interest by DCAA and DCMA
- Obtaining documents from contractors when much business is done on a cash-and-carry basis, without receipts or invoice procedures
- Complying with FAR and DFARS administrative recordkeeping and file management procedures, from the procurement process, to the contract close out
5:15 End of Day 1
Day 2 Tuesday, February 28, 2012
8:30 Conference Co-Chairs Opening Remarks
Robert J. Strauss
Senior Counsel
Raytheon Intelligence and Information Systems(State College, PA)
John J. Sullivan
Partner
Gibson, Dunn & Crutcher LLP (Washington, DC)
Member, U.S.-Iraq Business Dialogue (USIBD)
8:35 Incorporating U.S. and Local Anti-Corruption, Bribery and Fraud Regulation into Your Global Compliance Program
Julia Bailey
Assistant General Counsel, International Transactions & Compliance
Honeywell (Washington, DC)
Richard Grime
Partner
O’Melveny & Myers LLP (Washington, DC)
- How the Prosecutor’s Office, High Commission on Integrity and National Investment Commission handles bribery cases
- Update on current U.S. case law, including:o Corruption in the Oil-for-Food Programo Innospec, Inc.o Faheem Moussa Salam
- Providing accurate books and records in a contingency environment: Educating employees on avoiding false or misleading entries
- Addressing routine cash payments in Iraq and Afghanistan
- Managing conflicts between FCPA requirements and local laws, customs and regulations
- Incorporating strict controls over petty cash, and instituting internal audits to ensure compliance with company policies
- When gifts constitute an FCPA violation, and how to identify potential violations
- Creating a culture of compliance among employees on the ground
- Defining a “foreign official” and understanding the responsibilities of a tribal leader
10:00 Coffee Break
10:30 Working with Local Subcontractors in Iraq and Afghanistan: Preventing Performance Delays in a Rapid-Response Environment
Anna Lueje
Senior Counsel
Northrop Grumman Corporation (Herndon, VA)
Glenn Sweatt
General Counsel and Vice President of Contracts
ECC (Burlingame, CA)
Todd Bishop
Director
Dixon Hughes Goodman (Washington, DC)
- Incorporating performance and compliance incentives into subcontracts
- Bridging your contracting business with local community objectives: Achieving a positive relationship with local Iraqis and Afghanis to provide good governance and economic development
- Requesting more expeditious review and audit of contractor and subcontractor invoices to prevent compliance violations
- Conducting due diligence: Obtaining references and host country official feedback on local subcontractors
- Overcoming challenges to incorporating women into the workforce
- Monitoring subcontractor performance and compliance throughout the contract life-cycle
11:45 Integrating ITAR, EAR and OFAC Sanctions into Your Contingency Contracting Compliance Strategy: Preventing Shipment Delays, Seized Items and Unauthorized Technology Transfers
Andrew D. Irwin
Partner
Steptoe & Johnson LLP
(Washington, DC/Century City)
- How the ITAR, EAR and OFAC sanctions impact contingency contracting in Iraq & Afghanistan
- The costs of non-compliance: Update on ITAR, EAR and OFAC penalty trends and what triggers enforcement actions
- Developing an ITAR licensing strategy to expedite approvals in contingent environments
- Applying license exceptions effectively
- Special considerations affecting defense services when training foreign personnel
- Dealing with subcontractors and suppliers from a broad country base
- Addressing nationality and other HR-related issues
- Managing sanctions risks in the supply chain
- Handling export and sanctions violations, and voluntary disclosures
12:30 Networking Lunch
2:00 KEYNOTE
Gary J. Motsek
Deputy Assistant Secretary of Defense (Program Support)
Department of Defense
Roundtable Discussion
2:30 Libya, Egypt, Algeria, Sudan, Somalia and Tunisia: Tackling Complex Procurement, Business and Compliance Challenges Post-Arab Spring
Led by the Summit Co-Chairs, this interactive session is designed to be an open forum for discussing the latest in how to manage evolving regulatory and business challenges affecting your ability to capitalize on newfound opportunities amid political developments in the Middle East and Africa. The discussion will address how to assess newfound risk areas, and tailor your internal compliance procedures to satisfy new and anticipated local restrictions and U.S. regulations.
Bring your questions as roundtable leaders discuss best practices and key insights into developing a presence in these very distinct environments.
3:15 Networking Break
3:30 Managing DCAA Audits in Contingency Environments: How Battlespace Contractors Must Address Unique Challenges to Meet DCAA’s Heightened Compliance Expectations
Dave Methot
Chief Compliance Officer
Fluor (Greenville, SC)
Jennifer S. Zucker
Partner
Wiley Rein LLP (Washington, DC)
- How DCAA’s approach to audits in contingency environments differs from audits in the U.S. • What contractors have experienced during DCAA audits and lessons learned
- 2011 Removal of Overseas CAS Exemption, and the implications for US contingency contractors
- Allowability of “new” types of increased costs such as hazard pay, personal security, and insurance
- Remaining GAGAS compliant in conflict zones
- Best practices for internal audit compliance when dealing with a wide variety of contracts, including logistics, mobile base operations, professional security, construction, and translation
- Responding to DCAA “denial of access” claims
- Application of FAR, CAS, DFARS, TINA, legal case precedent, subcontractor oversight, and local laws and regulations on the battlefield
- Accounting for expressly unallowable costs v. costs requiring evaluation (i.e. DBA)
4:30 Vetting Local Vendors in Afghanistan: Minimizing the risk of Doing Business with insurgents and illegally armed groups
Jason Matechak
General Counsel
International Relief & Development (IRD)(Washington, DC)
Alan Donohue
General Counsel
Edinburgh International (Washington, DC/ Kabul, Afghanistan)
- What CENTCOM and USAID are doing to vet non-US implementing partners in Afghanistan
- Vetting at both the prime and subcontractor level: Best practices
- What to look for and ask when conducting due diligence of your local subs
- How the ISAF ‘Afghan First’ policy affects your anti-bribery and fraud compliance operations
- When and where you can do business with local vendors without permission from local elders, and the role of the central government in your subcontracting activities
- Monitoring subcontractor performance and compliance
5:30 Co-Chairs Closing remarks and end of Summit
Conference Details