Why you should attend
Events in the past year have again increased the complexities of the Federal government marketplace. Not only do compliance and transparency burdens remain at a high level, budgetary pressures and the sequester have added a further dimension to the issues confronted by both government buyers and contractors. Growing pressures to squeeze more dollars out of the procurement process affect everything from the training given to government personnel, to inappropriate use of low price/ technically acceptable procurements and fixed-price contracts, increasing protests, and how government auditors treat contractors. In addition, agencies are competing with one another and DOJ to recover dollars they view as “fraud, waste, and abuse” through investigations, disclosure programs, and threats of civil or criminal fraud claims. Congress also is exerting more direct control over who can be a government contractor and causes for suspension and debarment. The risks of doing business with the Federal government have never been greater and the remedies available to contractors are declining. This program will bring leading government contracts law practitioners and policy-makers together for an in-depth discussion of important business and legal considerations involved in participating in this market, recent trends, and best practices for companies operating in the Federal government space.
What you will learn
- Insights regarding the latest legislative and regulatory developments, including the impact of sequestration, allocation of data rights, increased emphasis on debarment and suspension, new rules for conflicts of interest, treatment of commercial items, new procurement and management structure for IT procurements, and other developing issues
- Overview of dispute resolution with the Federal government and what the judiciary sees as important recent decisions that the government contracting community should be following, including the growing use of fraud counter claims
- Bid protests – are they necessary, are there too many of them, do they matter to bidders, and are they good for government, current trends
- In-depth discussion of developments under the False Claims Act, including use of the implied certification theory, use of CIDs, how disclosure programs are affecting contractors, and whether the FCA has fragmented federal procurement
- An understanding of government auditing of contractors following recent Congressional scrutiny, the prospect for a government-wide, Federal auditing agency, and the impact of the new business systems rule
Who should attend
This program is designed for both companies and government agencies, and their counsel that are endeavoring to understand the rapidly changing marketplace.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
Morning Session: 9:00 a.m. - 12:15 p.m.
9:00 Welcome and Opening Remarks
9:15 Policy, Legislative, and Regulatory Development
- Impact of sequestration and budget pressures
- How far will Congress go in limiting agency discretion to suspend or debar?
- Data rights and protection of proprietary information – is the allocation out of balance?
- Organizational Conflicts of Interest – Impact of the New (?) Rule
Moderator: Marcia G. Madsen
Laura Auletta, Richard A. Beutel, Troy Cribb, Jonathan L. Etherton, Jason W. (“Jay”) Maroney, Roger D. Waldron
10:30 Networking Break
10:45 View from the Bench
- Important recent government contract decisions from the perspective of the judiciary
- Court of Federal Claims and the Armed Services and Civilian Boards of Contract Appeals
- What is the judiciary thinking?
Moderator: E. Sanderson Hoe
Honorable Reba Page, Honorable Candida S. Steel, Honorable Thomas C. Wheeler
12:00 Lunch Break
Afternoon Session: 1:30 p.m. . - 5:00 p.m.
1:30 The Current State of Bid Protests
- When are protests most likely to produce positive results for the protester?
- Can an agency derive anything positive from a bid protest or the bid protest process?
- Has the frequency of organizational conflicts of interest protests changed and, if so, why? What is their future?
Moderator: E. Sanderson Hoe
David F. Dowd, Daniel I. Gordon, Ralph O. White
2:30 Cost Accounting, Audit and Business Systems Developments
- Incurred cost submissions: backlog resolution, records retention and statute of limitations issues
- Continuing audit access issues; internal audit reports and board of director minutes
- What is happening with implementation of the business systems rule; any withholds?
Moderator: Stephen M. Masiello
Patrick J. Fitzgerald, Ron Youngs
3:30 Networking Break
3:45 False Claims, Investigations, and Disclosures
- Implied certification - Is every FAR provision a risk for contractors?
- The value of agency disclosure programs – are they working as expected?
- How the FCA affects federal procurement – has DOJ overtaken the agency role?
Moderator: Marcia G. Madsen
Alice Eldridge, Michael Granston, Vincent McKnight, Jr., Keith Morgan
5:00 Program Adjourns
Co-Chair(s)
Speaker(s)
Laura Auletta ~ Director - Governmentwide Acquisition Policy, U.S. General Services Administration
Troy Cribb ~ Chief Counsel for Governmnetal Affairs, Senate Homeland Security & Government Affairs Committee
Alice M Eldridge ~ Vice President and Chief Counsel, BAE SYSTEMS Land and Armaments
Daniel I Gordon ~ Associate Dean for Government Procurement Law, George Washington University
Michael Granston ~ Deputy Director, Civil Fraud Section, Commercial Litigation Branch, U.S. Department of Justice
Keith Morgan ~ Deputy Chief, Civil Division, U.S. Attorney's Office
Reba Page ~ Honorable, Armed Services Board of Contract Appeals
Ralph O White ~ Managing Associate General Councel, Government Accountability Office
Program Attorney(s)
Washington, D.C. Seminar Location and Hotel Accommodations
Mayer Brown, 1999 K St NW, Washington, D.C. 20006-1101
PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.
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