During the past year, we have continued to see developments on cost and pricing issues, particularly with respect to the 2017 National Defense Authorization Act (“NDAA”). On May 5, 2017 from 11:00 am – 12:00 pm, Crowell & Moring attorneys Terry Albertson, David Bodenheimer, Chris Haile, Steve McBrady and Liz Buehler will highlight some of the cost and pricing issues that government contracts are currently encountering with respect to commercial acquisitions, management of subcontractors, statute of limitations, intersegment pricing and DCAA audits, as well as the following regulatory developments:

  • 2017 NDAA Provisions Affecting DCAA and the Cost Accounting Standards (“CAS”) Board
  • Creation of a Defense CAS Board
  • 2016 NDAA Section 809 Panel Update, including CAS and other accounting issues.

For more information and to register for OOPS, please click here.

The Trump Administration’s first 100 days shed little light on how it will reconcile an America First trade policy with insistence on more robust defense spending by our allies.  On May 5, 2017, at 8:30 AM Eastern, Crowell & Moring attorneys Adelicia Cliffe, Alan Gourley, Yuan Zhou, and Jana del-Cerro will lead a discussion highlighting some of the most significant areas caught in the cross-fire, and how – if at all – these areas may continue to be affected under the new Administration.  Specific topics include:

  • National Security reviews of Steel and Aluminum imports
  • Buy American and other domestic preferences
  • New Foreign Military Financing Guidelines
  • Sanctions and Continuation of Export Control Reform

For more information and to register for OOPS, please click here.

 

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The contracting community is hurrying to keep pace with the bevy of recent privacy and cybersecurity requirements incorporated into their government contracts across all agencies.  On May 4, 2017, at 1:45 PM Eastern, Crowell & Moring attorneys Evan Wolff, Peter Miller, Mark Ries, and Kate Growley will lead a discussion to help contractors wrap their heads around this flurry of activity. Specific topics will include:

  • Covered defense information
  • Controlled unclassified information
  • Insider threats
  • Privacy training requirements
  • M&A cyber due diligence
  • Vendor management
  • General Data Protection Regulation (GDPR)

For more information and to register for OOPS, please click here.

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Although companies often conduct internal investigations in the normal course of business, recent developments suggest that companies need to reconsider certain aspects of how they structure their investigations to avoid potential new downfalls.  On May 4, 2017 at the Renaissance Hotel in Washington, Crowell & Moring attorneys Gail Zirkelbach, Steve Byers, Jacintha Alves and Judy Choi will highlight some of these new developments and provide practical advice on the steps companies should take in conducting their internal investigations as a result. Specifically, the panel will discuss:

  • The increased focus on the individual;
  • The additional potential for criminal referrals;
  • Recent decisions on the scope of the attorney client privilege; and
  • New document preservation considerations.

For more information and to register for OOPS, please click here.

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Join us today for our webinar Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations. The Trump administration published two contract solicitations for the design-build of a “border wall” between the U.S. and Mexico. The RFPs (linked here and here) contemplate a multiple-award, multiple-phase approach for acquiring prototypes and, eventually, full construction.  A team of Crowell & Moring government contracts and labor & employment attorneys will discuss key nuances of the solicitations, opportunities, and major contractual risks that may accompany the Trump administration’s large-scale border project. Please click here to register.

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The Government Contracts Group is counting down to Crowell & Moring’s 33rd annual Ounce of Prevention Seminar (OOPS), which will be held on May 4 and 5 at the Renaissance Hotel in Washington. This year’s seminar, “Strategizing for Government Contractors’ Game Plan Under the New Administration,” will provide insider insight and practical advice across a range of issues impacting government contractors and companies.

Check back here over the coming days, as some of our panelists will preview sessions on investigations, cybersecurity, recovery, cost and pricing, and international procurement.

For more information and to register for OOPS, please click here.

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Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partner Peter Eyre and includes updates on the creation of OAI, recent relevant litigation, and the Buy American, Hire American Executive Order.

Listen: Crowell.com | PodBean | SoundCloud | iTunes
 

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Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partners Peter Eyre and David Robbins and includes updates on the budget, an FCA case in D.C. federal district court, and an important OCI decision.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. This latest edition is hosted by partner David Robbins and includes updates on GAO’s Whistleblower Protections Pilot Program, the latest from the House of Representatives, and a DOJ FCA matter.

Listen: Crowell.com | PodBean | SoundCloud | iTunes

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On March 2, 2017, the U.S. Government Accountability Office (GAO) published a report highlighting necessary improvements to effectively implement the Whistleblower Protections Pilot Program (WPPP).  The WPPP, introduced in the National Defense Authorization Act for Fiscal Year 2013, and made permanent by Congress in December 2016, expanded whistleblower rights against reprisal for employees of contractors, subcontractors, and grantees.  That same year, the FAR was also amended to require contracting officials to include a contract clause requiring contractors to communicate to their employees their rights under the WPPP in contracts exceeding the simplified acquisition threshold and awarded after September 30, 2013.  The WPPP also required agencies use best efforts to include the FAR clause in major contract modifications of existing contracts.

Continue Reading Whistle(blowing) While You Work: GAO Recommends Improvements to Whistleblower Protections Pilot Program