A Course in Recent Government Contracting Issues
Day 1
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8:00 AM Registration and Breakfast
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9:00 AM Welcome and Introductions
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9:20 AM Regulatory Update - Mary Karen Wills, Partner, Argy, Wiltse & Robinson, P.C and Thomas P. Barletta, Partner, Steptoe and Johnson LLP
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Final Rule – Definition of Cost or Pricing Data
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When is Cost or Pricing Data Required
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Disclosure of Judgmental Data
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False Statements
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Final Rule – Changes to Acquisition Thresholds
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Proposed Rules
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Unclassified Data Security
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Disclose Requirements regarding Executive Compensation
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Business Systems (to be discussed in more detail later this session)
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Other Regulatory Updates
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Cost Accounting Regulation Updates
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CAS Cost Impacts
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External Restructuring
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10:30 AM Break
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10:45 AM Recent Developments - Paul Bailey, Partner, Argy, Wiltse & Robinson, P.C.
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Recently Issued DCAA Audit Guidance
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Efficiency Initiative Introduced by the Secretary of Defense
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Cost Recovery Initiative Introduced by DCMA and DCMA
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11:30 AM DCAA Initiatives - Mark K. Roberts, Partner, Argy, Wiltse & Robinson, P.C.and Joyce U. Ballack, Partner, O’Brien, Riemenschneider, Wattwood &Cantwell PA
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DCAA coordination with DCMA
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Subcontract Management Issues
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Subcontract Pricing Analysis
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Subcontract Systems Analysis
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Subcontract Billings Analysis
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Compensation Issues
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Other Initiative Updates
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12:00 PM Lunch Break
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1:30 PM Contractor Business Systems (ICAPS) Audits - Mary Karen Wills and Mark K Roberts, Partners, Argy Wiltse & Robinson P.C.
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Proposed Business System Audit and Adequacy Regulations (i.e., 10 systems to 6 systems)
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Differences between the ICAPS and New Regulations
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DCMA Use of Decrements
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Contractor Challenges Relative to Business System Audits
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DCMA Boards of Review - Process and Issues
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2:30 PM Break
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2:45 PM Panel Discussion on Difficulties in the Current Environment – How Can We Improve it?
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Panel members will include Bruce Timman, CAS Board Industry Representative, Compliance Officer, Honeywell Aerospace among others.
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Moderated by Mary Karen Wills, Partner, Argy Wiltse & Robinson, P.C.
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4:00 PM Adjourn
Day 2
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8:00 AM Registration and Breakfast
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9:00 AM Mandatory Disclosure Requirements and Access to Records - David M. Nadler, Partner, Dickstein Shapiro LLP
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Mandatory Disclosure
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What does that mean?
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What is the impact?
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Access to Records
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Issues contractors face
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Access to people – How should industry handle that?
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10:15 AM Break
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10:30 AM Forward Pricing and Budgeting Challenges - Tom Barranger, Compliance Officer, BAE Systems
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DCAA practices and view
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FAR requirements
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Challenges contractors face in this area
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11:30 AM Lunch Break
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12:30 PM Export Controls - Ira Hoffman, Partner, Shulman Rogers Gandal Pordy & Ecker, P.A.
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Recent changes in EAR, ITAR, OFAC
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Update on the new Export Control Reforms
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1:15 PM Cost Reductions For Government Contractors through Improved Tax Planning - Mike Fletcher, Tax Partner, Argy, Wiltse & Robinson, P.C.
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Mitigation of sales tax liability and exposure through proper contract construction
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Gross receipts tax traps for the unwary and planning opportunities for savvy contract managers
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Little known government contractor specific tax exemptions
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Effective tax rate reduction planning opportunities
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2:15 PM Break
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2:30 PM Surviving Defective Pricing Audits: Preparing for TINA and Defective Pricing Reviews - Paul Cienki, Vice President Government Accounting and Compliance, Honeywell International
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Understanding the core requirements of the Truth in Negotiations Act (TINA) and common challenges of TINA compliance
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How auditor determines scope of audit based on assessment of risk
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Knowing when cost and pricing data is required and subcontractors’ responsibility to submit data
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How to remedy inaccurate, incomplete or non-current cost or pricing data
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Government recovery under “price reduction” clause
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Understanding the consequences of a contractor knowingly submitting defective data
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Determining offsets to defective pricing liability
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How to prepare for TINA fraud referrals-going beyond the statute
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4:00 PM Adjourn