European US Defence Contracting

Registration, Refreshments and Networking

Opening Remarks from the Chair

Comprehensive Summary of US Defence Contracting Priorities and Compliance Landscape

• Section 809 recommendations: Pricing impacts of the Section 809 review
• Progress on increased government-industry interactions
• Department of Defense proposal to update DFARS with 15-day “prompt payment” rules for COTS contracts

How to Reap the Benefits of the Joint Strike Fighter Program: Local Opportunities for Participating Countries

• Overview of program to date
• How soon to participate in tenders when you are not a US contractor
• The DFARS compliance checklist — How to safeguard covered defense information, report cyber incidents, submit malicious software and facilitate damage assessment
• Implications of Turkey’s withdrawal for European companies

Networking Break

Focus on Cybersecurity: Important Developments for Government Contractors: Risk Versus Compliance-based Approaches to Implementing Cybersecurity

• Understanding DFARS NIST SP 800-171 cybersecurity framework: Risks and compliance requirements
• New cybersecurity standards, independent certification requirements: Why and how to respond
• What to expect, what’s changed in recent NIST guidance on authentication standards, including multi-factor authentication and password management practices
• Security requirements risk — What is considered “adequate security” as outlined in NIST SP 800-171
• What does a successful plan entail?
• How to use a step-by-step approach to implementing, assessing and monitoring the controls
• How to respond to new laws which restrict sources of supply and new regulations that place new demands on contracts

Networking Luncheon

Real-world Success Stories How to Build and Implement an Effective Compliance Program That Meets EU, UK and US Requirements

• How to build a tailored compliance program that fits your company
• Common structural features of high-performing compliance programs
• Role of risk assessments in designing and updating compliance programs
• Compliance assessments: What, who, how?
• What are the minimum requirements for an EU subcontractor?
• How do I get my management on board?

Spotlight on Business Systems Audits: Latest Trends and the New Priority for the US Government

• Understanding the applicable audit scope, objectives and procedures that the DCAA will use to conduct their audit.
• What due diligence is necessary ahead of a DCAA business system audit?
• How to perform a well conducted business system demonstration.
• Documentation and access to records – What is sufficient and adequate documentation?
• Maintaining effective communication – avoiding inaccurate unfavorable audit conclusions

Networking Break

Staying Compliant with the European Works Council and Local European Labor Laws

• Understanding the obligations of international groups of companies to consult with their European Works Council (EWC) if planning a reorganization in the EU
• When is consultation with the EWC needed?
• When does EWC have authority? When is a situation transnational and when is it national? What is the intersection with local labor laws?
• Impact of the Dutch court ruling for Alcoa Spain

Future Landscape for Compliance – Opportunities and Challenges of Doing Business with US

• Evolution of Transatlantic Relations
• EDF and PESCO
• Future trends and challenges

Chair’s Closing Remarks

End of Day 1

Refreshments and Networking

Co-Chair’s Opening Remarks

DCAA/DCMA Priorities for 2020 and Beyond: Changes, Innovations, and Best Practices

• An update on current DCAA/DCMA activities and focus areas
• What to expect from DCAA’s new accounting system audits
• Best practices for preparing for the new audit program, including preparing for walkthroughs and system demonstrations
• Defective pricing: DCAA increased efforts – What to expect
• Hidden IT system expectations
• Increased Focus on Cost Accounting Standards (CAS) – What does it mean to non-U.S. contractors?

Networking Break

Navigating the Complex Challenges of Contract Closeouts: Tips for Fixed Price Contracts

• Best Practices and lessons learned
• Understanding contract closeout from a government perspective
• What are the prime contractor contract closeout responsibilities and what are the subcontract closeout responsibilities?
• Overview of subcontract audits
• What to do if you have lost US property?

How to Work Successfully with DCAA in Europe: Unique Challenges and Considerations for EU Companies

• When can you expect DCAA to conduct an audit?
• Lessons learned from past audits
• US compliance considerations for EU Companies — What to do and what not to do
• What information is required to be disclosed vs. what can be shielded
• Contract-type requirements (Cost-type vs. time & material vs. fixed price)
• Balancing GDPR requirements with DCAA audit requests

Networking Luncheon

Preventative Measures and Best Practices for DCMA Corrective Action Request (CAR) and ACO Determinations (Pre and Post Audit): Property, CPSR, DPAS and Other Areas of Non-Compliance Reporting

• Corrective action requests
  • What are they and what do the four levels mean?
  • Do all DCMA regions handle them the same?
  • What is the CAR process and when does ACO get involved?
• Quality deficiency reporting system
• Post audit process – Significant deficiencies
  • How to address alleged significant deficiencies both during and outside of audit
• Remediation

Interpreting the New DCAA Guidance on Expressly Unallowable Costs: How are Auditors Using Their Judgement to Evaluate Costs and How to Avoid Costly Penalties

• What has changed and what stays the same in DCAA’s May 2019 MRD (Memorandum for Regional Directors)?
• How does the guidance inform DCAA audit teams in determining whether a questioned cost is expressly unallowable? What judgements are auditors using in the evaluation of costs?
• What is the appropriate contractor response when an audit team questions a cost as expressly unallowable?
• Discussion on relevant case law decisions, lessons learned from Raytheon.

Chair’s Closing Remarks

Conference Concludes