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Compliance Symposium: Cybersecurity, Subcontracts, Cost & Pricing Data, Audits

September 15 @ 10:00 am - 12:00 pm

|Recurring Event (See all)

One event on September 15, 2020 at 1:00 pm

One event on September 16, 2020 at 10:00 am

One event on September 16, 2020 at 1:00 pm

$90

2020 has brought many new requirements for contractors and subcontractors, with further impending requirements expected.  As such, new and experienced contractors will benefit from this symposium convening experts to discuss the changes and new developments, as well as their wide-sweeping implications, including:

  • DoD’s compliance requirements with its new Cybersecurity Maturity Model Certification (CMMC), which will combine various standards and best practices, affecting all ranges of maturity levels;
  • implementation of Section 889;
  • the FAR and 2020 National Defense Authorization Act (NDAA) restrictions on procurements from designated foreign companies and their affiliates;
  • ensuring small businesses are in compliance with the requirements of federal law and regulations regarding the operation of a government contracting company;
  • ·new requirements for the disclosure of cost & pricing data;
  • the DCAA’s updated audit programs; and
  • COVID costs and audit issues.

Agenda

  • Session 1: Monday, Sept 15, 2020 at 10:00 am – 12:00 pm
  • Session 2: Monday, Sept 15, 2020 at 1:00 pm – 2:30 pm
  • Session 3: Tuesday, Sept 16, 2020 at 10:00 am – 12:00 pm
  • Session 4: Tuesday, Sept 16, 2020 at 1:00 pm – 2:30 pm

Session 1
Sept 15: 10:30 am – 12:00 pm
Update and Compliance Concerns: The New CMMC and Section 889

Panelists – Susan B. Cassidy, Partner, Covington & Burling LLP; Samantha Clark Special Counsel Covington & Burling LLP;
Ryan Burnette, Associate, Covington & Burling LLP

This panel will address two of the most pressing supply chain issues facing government contractors today.  First the panel will address the current status of DoD’s new Cybersecurity Maturity Model Certification (CMMC), including:

  • issues with the CMMC implementation timeline and DoD’s phased rollout approach;
  • the DFARS Cyber Rule requirement for self-assessment versus third party assessment under CMMC;
  • the expected role of the newly established CMMC Accreditation Body and certified independent third-party auditing organizations (C3PAOs);
  • status of the development of validation procedures used by C3PAOs to assess a contractor’s policies, documentation, and security control implementation;
  • cost allowability of increased security costs associated with the CMMC;
  • the potential for disproportional impact of CMMC on small businesses; and
  • the confluence of CMMC and the source selection process.

Next the panel will address the implementation of Section 889.  Section 889(a)(1)(A) has been in effect since August 13, 2019 and prohibits the USG from acquiring certain telecommunications equipment/services from Huawei, ZTE, and others: “The head of an executive agency may not … procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.”  Section 889(a)(1)(B) has been in effect since August 13, 2020 and implements the statutory prohibition on the head of an executive agency contracting with (including extending or renewing a contract) any “entity” that “uses” “covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology of any system.” Covered telecommunications equipment or services includes certain telecommunications equipment and services produced and provided by Huawei, ZTE, Hytera, Hikvision, and/or Dahua, and/or any subsidiaries or affiliates of the five entities.  Our presentation will address issues such as:

  • key definitions;
  • how to conduct a “reasonable inquiry”;
  • how DoD and other agencies have been implementing the requirements;
  • how the statutory exceptions should be applied;
  • how the waiver process works and how companies should think about waivers; and
  • certification and reporting obligations

Session 2
Sept 15: 1:00 pm – 2:30 pm
Subcontractor Compliance – Ensuring Compliance for Primes

Moderator – Edward Kinberg, Attorney, Stewart Law
Panelist – Donna Huneycutt, President and COO, WWC Group

Ensuring Subcontractor Compliance for Primes

  • the responsibilities for conducting supply chain due diligence
  • how prime contractors can identify if a Subcontractor’s compliance and ethics program violates its contractual obligations to the Government
  • FAR and DFARS contract flow-down requirements
  • the most recent legislation and regulatory changes to encourage use of small business procurements

Compliance Systems for Subcontractors

  • how subcontractors can structure and implement an acceptable compliance and ethics program to avoid prime liability, thereby strengthening their position for award of subcontracts
  • updates to SAM
  • 2020 National Defense Authorization Act, new limitations regarding procurements from designated foreign companies and their affiliates.

Session 3
Sept 16: 10:30 am – 12:00 pm
Cost & Pricing

Moderator – Paul Bailey, Partner, Capital Edge Consulting
Panelist – Ryan Connell, Commercial Item Group Pricing, DCMA Commercial Item Group

The 2020 National Defense Authorization Act and FAR may now require disclosure of contractors cost (and profit) to establish price reasonableness in procurements greater than the $10,000 Micro Purchases Threshold. Understand when contractors are required to provide cost or pricing data, certification requirements of cost or pricing data, audit access to records and penalties for non-compliance.

Mr. Bailey and Mr. Connell will discuss:

  • current developments;
  • prime contractor & Government expectations;
  • commercial item assertions and exemptions; and
  • strategies to avoid defective pricing allegations.

Session 4
Sept 16: 1:00 pm – 2:30 pm

Audit Developments

Moderator – Ki Capitano, Senior Advisor, Capitano Consulting
Panelist – Poppy Greer (invited), DCAA Division Chief, Policy and Plans, Policy Auditing Standards Division

The DCAA has issued updated audit programs to include Accounting, Estimating, MMAS Business Systems, Post Award Audits (Defective Pricing) and Cost Accounting Standards (CAS). Understand your audit risk exposure with addition of independent accounting firms and DCAA’s renewed focus on non-ICP audits.

Mr. Capitano and Ms. Greer will discuss:

  • materiality thresholds of the Incurred Cost Audits;
  • changes to the Business System audit programs;
  • focus of Defective Pricing & CAS audits;
  • COVID costs and audit issues.

Details

Date:
September 15
Time:
10:00 am - 12:00 pm
Cost:
$90

Other

Delivery Method
Webinar