Registration and Refreshments

Opening Remarks by the Chairs

Lynna Hood
Vice President, Growth and Services
Addx (USA)

Ove Norseth
Manager, US Government Liaison Office
Kongsberg Defence & Aerospace (Norway)

How the FY2018 and FY2019 National Defense Authorization Acts (NDAA) Will Affect Government Contractors

Lynna Hood
Vice President, Growth and Services
Addx (USA)

• The new administration and the proposed increase in defence spending
• New efforts towards defence innovation by the government
• Progress on government/industry collaboration
• Section 809 committee proposes cuts to acquisition red tape
  • Areas of concentration
  • What are the practical implications?
• Current status of 809 committee and recommendations on regulatory reform

Recent Changes and Guidance on Commercial Items

Kristin Torcasi
Director
PwC

• New guidance on commercial items
• Commercial items changes
  • Online marketplace
  • Reliance on prior commercial items determination
  • Secretary of Defence to review each provision and provide an exemption from the statute or regulation for commercial item acquisitions unless he or she “determines there is a specific reason not to provide the exemption.”
• Role of DCMA in commercial item reviews
• Commercial item cases and examples
• What are examples of things now that weren’t maybe considered commercial items in the past but could now be commercial items?
• What is the implication to making the commerciality determination, how can we prove the commerciality of something to the Government so that they will do a Part 12 procurement?
• Commerciality and calculating your allowances built on cost or price and how you make that determination

Morning Refreshments

DCAA and Its Expectations from Contractors

Adam Lattman
Branch Manager, European Branch Office
DCAA (Germany)

• FAR and DFAR requirements of contractors and subcontractors
• Expectations of companies during a DCAA audit

Subcontractor Preparation for Audit by a Prime Contractor

Ove Norseth
Manager, US Government Liaison Office
Kongsberg Defence & Aerospace (Norway)

Robin Thomson
VP Commercial
Leonardo (UK)

Karen English
Corporate Director of Pricing
Alion Science & Technology (USA)

• Under what circumstances will a prime contractor audit a sub-contractor?
• What issues arise when a prime contractor is a competitor?
• What information does a sub-contractor have to disclose?
• When can they resist or say that they don’t want to disclose particular information?

Networking Lunch

Afternoon Roundtables

The roundtables provide a unique opportunity for groups to come together to discuss and benchmark the most challenging aspects of FAR and DFARS compliance affecting your company. Led by a highly experienced moderator the roundtables will rotate after one hour and each participant can choose to join two out of the following three topics.

A. What a European Contractor Needs to Know About the Cost Accounting Standards (CAS)

Lynna Hood
Vice President, Growth and Services
Addx (USA)

This roundtable will look at what is required from a European Contractor for CAS, how do they comply with CAS and which areas do they not need to be compliant with.

B. Preparing for Contracting Purchasing System Reviews

Robin Thomson
VP Commercial
Leonardo (UK)

Chris Wade
CEO
CaaSus LLC (USA)

This roundtable will focus on best practices for preparing for and surviving a Contracting Purchasing System Review.

C. Flow Down Provisions between Primes and Subcontractors

Wes McConnell
Director of Finance
Bavarian Nordic A/S (Germany)

This roundtable will examine how to manage the flow down of FAR and DFARS clauses to your sub-contractors and supply chain.

Afternoon Refreshments

Afternoon Roundtables Continued

A. What a European Contractor Needs to Know About the Cost Accounting Standards (CAS)

B. Preparing for Contracting Purchasing System Reviews

C. Flow Down Provisions between Primes and Subcontractors

Questions and Closing Comments

Networking Drinks Reception

Refreshments

Opening Remarks by the Chairs

Lynna Hood
Vice President, Growth and Services
Addx (USA)

Ove Norseth
Manager, US Government Liaison Office
Kongsberg Defence & Aerospace (Norway)

Foreign Military Sales (FMS)—How Can European Contractors Bolster Their Business Base by Availing Themselves of FMS Opportunities?

Rosa Rosanelli
Chief Export Compliance Officer, AIM Norway Group, General Counsel, Belgium Engine Center
AIM (Norway)

• How FMS can be used to reach new markets
• European companies’ participation in US FMS Opportunities
• Reciprocal Defence Procurement Agreements and waiver of the “Buy America” provisions

The Latest Developments in Cyber Implementation and Compliance

Joseph J. Kurr
Deputy Director, Contracts
Vectrus (Germany)

Guy Hendry
Chief Financial Officer
New Century (Guernsey)

• Understanding within your contract what may or may not fall into the category of covered defence information
• When can secondary data become covered information?
• Complying with strict rules around notifications of breaches
• How do Memorandums of Understanding and Reciprocal agreements tie in with requirements to notify the Department of Defence and for it to come into the business?
• What can be done in these situations? Creating a new MOU in terms of cybersecurity
• What proprietary information can be given to the Department of Defence without breaching Data Protection or other legislation?
• What are companies putting into their plan of compliance (site security plans) if they weren’t compliant as of the end of last year
• How will this area be audited?

Morning Refreshments

Conflicts Between the FARS/DFARS Requirements, National Laws and GDPR

Jason Witten
Founder
Witten Law (UK)

• Reporting requirements
• Security requirements; and
• Data retention requirements

How to Work Effectively with Your Administrative Contracting Officer (ACO)

Wes McConnell
Director of Finance
Bavarian Nordic A/S (Germany)

Matthew B. Popham
Sr. Vice President, Government Compliance Director
Leidos (USA)

• What is the Role of the ACO?
• Examining how the ACO deals with
  • Negotiating forward pricing rate agreements
  • Establishing final indirect cost rates and billing rates
  • Making adequacy determinations relative to business systems
  • Cost Accounting Standards (CAS)
• How the ACO interacts with other contracting officers
• How to work effectively with your ACO

Networking Lunch

Afternoon Roundtables

The roundtables provide a unique opportunity for groups to come together to discuss and benchmark the most challenging aspects of FAR and DFARS compliance affecting your company. Led by a highly experienced moderator the roundtables will rotate after one hour and each participant can choose to join two out of the following three topics.

A. The Interplay between the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and DFARS

Su Gülleroğlu
Legal and Compliance Officer
BNA – Nurol BAE Systems Air Systems Inc (Turkey)

Chris Wade
CEO
CaaSus LLC (USA)

The largest actor on the global defence market is the United States Department of Defence (DoD). Procurement, design, development and manufacturing for DoD is dictated under the Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulations Supplement (DFARS) if you are selling to U.S. or International Traffic in Arms Regulation (ITAR) and Export Administration Regulation (EAR) if you are buying from the U.S. All of these regulations are somehow concentrated on safeguarding sensitive technical data and controlled-items and combatting threats to the U.S. This roundtable will examine how certain technical data requirements can cross over into ITAR and EAR and DFARS and what are the main provisions that contractors need to be aware of.

B. Developments in the Truth in Negotiations Act (TINA) and Defective Pricing

Kristin Torcasi
Director
PwC

This session will look at recent changes to TINA thresholds, assess defective pricing risks and issues as well as looking at the implications of defective pricing.

Afternoon Refreshments

Afternoon Roundtables Continued

A. The Interplay between the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and DFARS

B. Developments in the Truth in Negotiations Act (TINA) and Defective Pricing

Recent Cases on Complex Unallowable Costs

Matthew B. Popham
Sr. Vice President, Government Compliance Director
Leidos (USA)

Gary McDonald
Director
Dixon Hughes Goodman LLP (USA)

• Analysis of recent cases on cost allocation and allowability including expressly unallowable costs
• DCAA’s role in the formal dispute process
• How case interpretations of cost issues affect DCAA’s audit guidance
• Key areas to pay attention to in ICS audits
• Things that are sometimes allowable, sometimes not. Bonuses, legal fees and settlement cost, travel cost, etc. – how do you prove that it is allowable?
• Subcontracting issues
  • Contract closeout, records
  • Unreconciled indirect rates

Co-Chair’s Closing Remarks and End of Conference