Co-Chairs Opening Remarks

Traci Dillon
Senior Director, Government Contract Compliance
L3harris Technologies (Melbourne, FL)

Ron Youngs
Director, Government Compliance
L3 Harris Technologies, Inc.

KEYNOTE

Joseph Bentz
Deputy Director
DCAA

First-Hand Insights: What’s New, What’s Changing, Priorities and Developments Directly from DCAA and DCMA Leadership

Jorge Bennett
Executive Director, Cost & Pricing
DCMA (Chicago, IL)

Scott Perry
Deputy Assistant Director, Policy and Plans
DCAA (Washington, DC)

Agency leaders open the day with the key updates critical to your contracts, from bidding to closeout, and answer questions pertinent to your success:

• Key developments and priorities affecting industry moving forward
• Update on workflow priorities, and the interplay between the DCAA and DCMA
• Legislative impacts of the NDAA: new directions and guidance
• Evaluating the impact of supply chain risks considering political and security scenarios

Networking Break

Industry Think Tank: How Contractors are Responding to the DoD’s Evolving Policy Priorities

Traci Dillon
Senior Director, Government Contract Compliance
L3harris Technologies (Melbourne, FL)

Neil Gardner
Director, Affordability, Compliance & Forward Pricing
Northrop Grumman Corporation (Arlington, VA)

Below is a summary of the issues to be discussed during the roundtable, which will involve speakers from both large and small contractors.

• Given the most recent National Defense Authorization Act (NDAA) priorities, what are companies doing now to stay on top of the DoD’s evolving policies?
• Understanding impact of consolidation in the industry and how it will affect your audits
• What are the implications of external restructuring costs?
• ‘Expressly unallowable’ cost decisions, clarity, implications and risks
  • Definition of “expressly unallowable” cost as per FAR
  • How to identify what is unallowable?
  • Catching penalty triggers for unallowable costs

CARES Act Provisions and an Evolving Understanding of the COVID-19 Pandemic’s Impact on Government Contractors

Sajeev D. Malaveetil
Partner,
Forensic & Integrity Services – Government Contract Services
Ernst & Young, LLP (Washington, DC)

Ron Youngs
Director, Government Compliance
L3 Harris Technologies, Inc.

Mark Smith
Vice President, Government Accounting Compliance
Booz Allen Hamilton (Mclean, VA)

• Relevant contract provisions and clauses
• Update on various examples of agency guidance
• Practical tips for contractors during and after the pandemic
• Other impacts of the COVID-19 pandemic on government procurement
• Leading practices for compliance
• The latest in developments on submitting requests for equitable adjustments

Networking Lunch

Business Systems Audit-Ready: Maintaining Your Business Systems in the Increasingly Likelihood of an Audit

Nathan Geesaman
Regulatory Compliance Lead
Accenture Federal Services (Arlington, VA)

Kristin Torcasi
VP, Government Compliance
CACI International (Washington, DC)

Patrick Fitzgerald
Director
Baker Tilly (Tysons Corner, VA)

• Trends and updates among business systems audits
• Best practices for audits and audit preparation for all business systems, including:
• Accounting systems
• Estimating systems
• Purchasing systems
• How can DCAA/DCMA work efficiently with contractors to ensure a smooth audit process?
• What’s next?

Deciphering Real-World DCAA Incurred Cost Scenarios and Practical Tips to Survive an Audit

Matthew Popham
Senior Vice President, Government Compliance Director
Leidos (Reston, VA)

Brian Taylor
Managing Director, Deal Advisory
KPMG LLP (McLean, VA)

Lisa Rader
Senior Director of Government Compliance
General Dynamics Information Technology (Falls Church, VA)

• Status of incurred cost audits and trends
• Best practices on incurred cost proposals
• Understanding the closeout procedures and common closeout challenges
• Update on the potential changes to FAR 52.216-7(d)(2)(iii) incurred cost proposal adequacy requirements
• Adequacy of supporting documentation
• Managing and monitoring audit requests
• Alternative approaches to settling incurred cost proposals in lieu of a DCAA audit
• Issue avoidance and early detection of potential violations
• Proper responses to audit reports, and preparation for negotiation or litigation if needed

Networking Break

Unraveling complexities in Truthful Cost and Pricing Act (TCPA) Waivers and Certified Cost or Pricing Data Requirements

Lucelly Serrano
Branch Manager
DCAA Truth in Negotiation Audit Team

Laura Michaels
Division Chief
DCAA Operations Audit Support

David Logue
Program Manager
DCAA Policy

• NDAA 2020 changes to TCPA – What should we expect in the near future?
• Clarification on DCAA plans to execute more post-award audits
• Tactics to overcome the biggest hurdles to passing a post-award audits
• Complying with TCPA requirements is more than just sweeping your records
• Update on the TCPA waivers for contracts between $750K and $2M that were awarded prior to July 1, 2018. Only the Navy has approved. Why not all services and defense agencies?
• Certified cost or pricing data requirements
• Impact of contracts awarded by DoD, the NASA, and the Coast Guard

Legal Trends: How Recent Case Law Impacts Your Contracts

Stephanie M Harden
Associate, Government Contracts
Blank Rome LLP (Washington, DC)

Laura A. Semple
Assistant General Counsel
Amentum (Germantown, MD)

This practical, industry-focused session will offer perspectives on the developing law as it impacts your contracts. Focused squarely on how cases can and may affect the industry, including COVID-19 considerations, the cases covered will be updated to reflect the most recent decisions and will include recent decisions concerning the scope of the Freedom of Information Act, expressly unallowable costs, recovery of legal expenses, claims, and the Contract Disputes Act’s statute of limitations.

End of Day One

Co-Chairs Opening Remarks

KEYNOTE

Kim Herrington
Acting Principal Director, Defense Pricing and Contracting,
Under Secretary of Defense for Acquisition and Sustainment (USD(A&S))
U.S. Department of Defense

Consequences of Section 809.1 Panel’s Recommendations and Update on Cost Accounting Standards (CAS): 809 Panel’s Professional Practice Guide and CAS/GAAP Conformance Rule

Timothy J. DiNapoli
Director, Contracting and National Security Acquisitions
US Government Accountability Office (Washington, DC)

Barbara Michael
Vice President
Government Compliance Perspecta
(Washington, DC)

• Update on the Section 809 Panel’s professional practice guide and its impact
• New developments in CAS board and what are the requirements to be CAS compliant
• Conformance of the CAS and GAAP (generally accepted accounting principles) status and criteria
• Updates on CASB’s efforts to harmonize recent GAAP revenue recognition and lease accounting rules with CAS
• Clarity on CAS 413 Harmonization
• CASB’s consideration of the Section 809 Panel’s recommendation to clarify CAS applicability to IDIQ (Indefinite Delivery, Indefinite Quantity) contracts

Break

Cybersecurity Maturity Model Certification (CMMC): Understanding the Cyber Security Requirements from DoD and National Institute of Standards and Technology (NIST)

Jessica Martin
Director
PricewaterhouseCoopers

• How does CMMC help contractors and subcontractors improve their management of cybersecurity risk
• Update on the industry training plan to be compliant ready
• Cost-effective and affordable solutions for small businesses to implement at the lower CMMC levels
• How the government is doing surveillance for cyber items for contractors and subcontractors
• Examining the minimum cybersecurity standards set by Defense Federal Acquisition Regulation Supplement (DFARS) requirements if your company sells products to the DoD
• Clarity on the risk of losing DoD contracts if DFARS minimum security standards for contractors that process, store or transmit Controlled Unclassified Information (CUI) are not met
• Understanding the CMMC requirements for subcontractors

Focus on Forward Pricing Rate Agreements (FPRA)

Kelly G. Peters
Corporate Director, Contracts and Government Compliance
Huntington Ingalls Industries
(Newport News, VA)

Sajeev D. Malaveetil
Partner,
Forensic & Integrity Services – Government Contract Services
Ernst & Young, LLP (Washington, DC)

• Leveraging your FPRP/FPRA process into a core strategic competency to gain and maintain a competitive advantage; defend against defective pricing; mitigate negative cash flow, fines/penalties; and enhance Government partnership
• Exploring best practices to building and maintaining an effective FPRA
• How to make the FPR audit painless?
• Update on FPRP audit trends

Lunch Break

Unravelling the Complexities in Supporting Commerciality and Defining “Commercial Products

Ryan Connell
Director of NE Commercial Pricing, Commercial Item Group
DCMA (Boston, MA)

Brent Calhoon
Partner
Baker Tilly (Tysons Corner, VA)

Nick Sanders
Director, Government Accounting & Compliance
General Atomics Aeronautical Systems (Poway, CA)

• How to navigate FAR (2.101) and DFARS (212 & 244) guidelines in commerciality
• Evaluating DOD’s interpretation of commercial items and service including software
• Best practices for government & contractors to be innovative when proposing commerciality
• How to fast track the commercialization of the products and service effectively
• Changing landscape on-going for commercial items for contractors and subcontractors
• Government performance of market analysis and value analysis of commercial products and services
• DoD’s interpretation and use of market analysis and value analysis for determining a commercial product and/or and service price reasonableness

Protecting Intellectual Property (IP): Strategies for Traditional Procurement Contracts and Other Transactions

Caroline Chien
Chief Legal Counsel,
LibertyWorks Legal Counsel and Contracts Executive,
Defense
Rolls-Royce (Indianapolis, IN)

Geoffrey A. Lawson
Counsel, Government Contracts & Contracts Officer
SpaceX (Hawthorne, CA)

Nathaniel Castellano
Associate, Government Contracts & National Security
Arnold and Porter (Washington, DC)

• Strategies to protect IP when doing business with DoD
• Finding sources of flexibility when negotiating IP rights under the Defense Federal Acquisition Regulation Supplement (DFARS)
• Using Other Transactions Authority (OTA) to negotiate more favorable IP rights

Conference ends