National Contract Management Association Boston Chapter 52nd Annual March Workshop

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1 Summary Agenda & Session Descriptions Not sure which class is right for you? NCMA Boston encourages selections that are exciting and valuable to your individual interests. However, we have some general suggestions, or s, based on experience level and topics. There is also a track for professionals in private industry. We invite you to use the tracks as you see fit! Session 1 8:00 9:15 AM Registration 7:15 8:00 AM 1. Contracts Policy Update Intermediate/Advanced 2. Coping with Legal and Compliance Requirements for Mid-Sized Organizations Industry 3. The Pricing of Claims and Requests for Adjustment in Times of Austerity Industry 4. Steps to Ensure an Effective DCMA/Contractor Relationship Special/Topics 5. Negotiation Seminar Special Topics Session 2 9:30 10:45 AM 6. Government Contracting Basics Beginner 7. Incentive Contracting and Pricing Issues Intermediate/Advanced 8. Executive Compensation Issues Industry 9. Background Screening: What You Need to Know to Reduce Risk and Increase Return Special Topics 10. Strategies for Effective Resume Writing and Interviewing: Job Search as Sales Process Soft Skills 11. Negotiations Workshop Limited to 45 participants (Registration for Negotiation Seminar required) Special Topics Session 3 1:15 2:30 PM KEYNOTE ADDRESS 10:50 11:50 AM Russ Blaine, Wyle Aerospace Group, President-Elect of NCMA Beyond the Turmoil: Life s Lessons for Modern Contract Managers Lunch 12:00 1:00 PM 12. Basis of Estimates Beginner 13. Sale and Purchase of Commercial Goods: Are You Sure It s Commercial? Beginner 14. Data Rights in Federal Contracting Intermediate/Advanced 15. Commercial Contracting Under the Uniform Commercial Code Industry 16. Equal Employment Opportunity Issues Industry Session 4 2:45 4:00 PM 17. Application of Cost Accounting Standards Today Beginner 18. Contract Close Out Issues Industry 19. Bid Protests Intermediate/Advanced 20. The Mandatory Disclosure Rules / Ethics Compliance Special Topics 21. Communications Skills and a Survey of Negotiations Soft Skills Social Hour 4:00 5:00 PM

2 Detailed Agenda, Session Descriptions, and Speakers Registration 7:15-8:00 AM Session 1 8:00-9:15 AM 1. Contracts Policy Update - What is happening in the regulatory arena (FAR/DFARS changes)? - What are the impacts of these changes for your company or agency? - Any hot news on acquisition reform in new legislation? - How can you get ahead of the curve on proposed new regulations? Richard C. Dick Bean, Attorney at Law 2. Coping with Legal and Compliance Requirements for Mid-Sized Organizations - How to cope with the seemingly never-ending array of new compliance requirements and the increasing number of reviews by DCAA, OFCCP, and others - A practical, strategic approach for small to mid-sized organizations to prioritize and comply with the myriad compliance and legal requirements - Use a do more with less approach to create and maintain approved, efficient systems and reduce the risks of noncompliance - Suggestions for creating and implementing a workable plan using mainly in-house capabilities - Hot compliance topics that your organization should focus on first Molly Ruddock, Draper Laboratory Jennifer Izzo, Draper Laboratory 3. The Pricing of Claims and Requests for Adjustment in Times of Austerity - Overview of recognized claim and damages theory - Approaches and issues when quantifying labor, equipment, and overhead costs - How-To s for quantifying delay-related costs - Overview and lessons learned from recent court cases Greg Bingham, The Kenrich Group LLC Daniel Graham, Wiley Rein LLP 4. Steps to Ensure an Effective DCMA/Contractor Relationship - Respect each other s position - Present, discuss, and listen in an objective manner - Communicate, communicate, communicate Andrew T. Andy Habina, Jr., Draper Laboratory Jeff Holt, DCMA Boston

3 5. Negotiation Seminar - 8-step approach for competitive negotiations - Simple approach for one time and short term negotiations - Interpreting and using body language in negotiations - Essential qualities of effective negotiations Sally Cunningham, Software Engineering Institute at Carnegie Mellon University David M. Pronchick, MIT Lincoln Laboratory Session 2 9:30-10:45 AM 6. Government Contracting Basics - Entry-level overview of the Government contracting process - Basic roles/responsibilities and contract authority - Methods of procurement (sealed bidding, negotiation, simplified acquisition procedures, commercial) - Socio-economic policies that drive acquisition approaches John Nunziato, SOSSEC, Incorporated 7. Incentive Contracting and Pricing Issues - Understanding incentive contracting - Incentive contracts (CPIF/FPIF) vs. Award Fee contracts - The problem of competing incentives (e.g., cost vs. performance) - A discussion of the SecDef/DoD initiatives on Better Buying Power, as it relates to employing incentive pricing strategies on acquisitions Jerome C. Jerry Burke, BAE Systems 8. Executive Compensation Issues - A review of recent cases decided by the Armed Services Board of Contract Appeals - Guidelines for companies to follow when establishing employee and executive compensation plans Daniel J. Kelly, McCarter & English, LLP Stephen R. Dooley, Contract Disputes Resolution Center, Defense Contract Management Agency

4 9. Background Screening: What You Need to Know to Reduce Risk and Increase Return - Key elements of an effective screening policy - Consideration under the FCRA and EEOC - How to conduct compliant screening to support your policy - Best practices before taking adverse action - CORI and other applicable Massachusetts statutes Brian McElwee, easybackgrounds, Inc. Suzanne Moore, easybackgrounds, Inc. Christopher R. O Hara, Todd & Weld LLP 10. Strategies for Effective Resume Writing and Interviewing: Job Search as Sales Process - Many of us are unaccustomed to thinking of ourselves as sales people. However, if you re looking for employment, that is the process you will have to master. - What is expected on a resume? What are the basic principles of resume writing? - The sales call: How can you prepare for a job interview? What are the best practices and how do I close the sale? Leslie Combs, Lee Hecht Harrison 11. Negotiation Workshop Limited to 45 participants (Registration for Negotiations Seminar required) - Builds on negotiation seminar - Negotiation seminar pre-requisite for workshop - How good are you at negotiating? - Team negotiation exercises Sally Cunningham, Software Engineering Institute at Carnegie Mellon University David M. Pronchick, MIT Lincoln Laboratory Keynote Address 10:50 11:50 AM Beyond the Turmoil: Life s Lessons for Modern Contract Managers Russ Blaine, Wyle Aerospace Group, President-Elect of NCMA Lunch 12:00 1:00 PM

5 Session 3 1:15 2:30 PM 12. Basis of Estimates - Responsibilities - Why do them? Who reads/needs them? - Structure - Bad BOEs vs. Good BOEs Lynne M. Ziter, Raytheon Company 13. Sale and Purchase of Commercial Goods: Are You Sure It s Commercial? - Benefits of Commercial Item Contracting - What is a Commercial Item? - Best Practices in Applying the Commercial Item Definition - Unique Provisions of FAR Part 12 - Flowdowns in Commercial Item Subcontracting George W. Ash, Foley & Lardner, LLP 14. Data Rights in Federal Contracting - A review of the relevant FAR/DFARS clauses - The current state of play of IP rights under the FAR and DFARS - Key steps to protecting your company s IP when doing business with the federal government Daniel J. Kelly, McCarter & English, LLP 15. Commercial Contracting Under the Uniform Commercial Code - What is the Uniform Commercial Code? - What do government contractors need to know about the UCC? - How does the UCC resolve the battle of forms? - What are the UCC s gap fillers? - How does the UCC differ from the Federal Acquisition Regulation? Joseph P. Hornyak, Holland & Knight

6 16. Equal Employment Opportunity Issues - Recent developments under the FAR - Update on the status of proposed affirmative action regulations for veterans and the disabled - Best practices for developing and maintaining affirmative action plans - What to expect from an OFCCP audit in the current political climate Catherine Moreton Gray, McCarter & English, LLP J. Stanley Koper, Gaucher Associates Session 4 2:45-4:00 PM 17. Application of Cost Accounting Standards Today - CAS history and background - Types of CAS coverage and triggers - Exemptions - Disclosure Statements: What are they and when are they required? - Current CAS topics Steven J. Tremblay, Ernst & Young LLP Frank P. Summers Jr., Ernst & Young LLP Jack Gay, Ernst & Young LLP 18. Contract Close Out Issues - Involvement of key players in the closeout process - Develop a check list and a team - Understand the types of contracts and the timeframes required for closeout - Know the appropriation life cycle - Common closeout barriers - Expediting contract closeout Daeri DellaRipa, Draper Laboratory Patricia McLaughlin, Draper Laboratory 19. Bid Protests - A primer on bid protests - Revelations from GAO Protest Statistics - Common problems where a protest might help - The protest decision: go or no go? - Why protests are an important part of the procurement process Joseph P. Hornyak, Holland & Knight

7 20. The Mandatory Disclosure Rules / Ethics Compliance - Why you need to know about the Mandatory Disclosure Rule under the Contractor Code of Business Ethics and Conduct clause - What is the Code of Business Ethics and Conduct that is required under FAR ? - What does reportable conduct or credible evidence mean? - What are your responsibilities if you find both reportable conduct and credible evidence and how do you determine timely disclosure? - How do you structure an ethics awareness program and internal control system to protect your company s business integrity and contractor responsibility? Bernice Bunnie Pasternak, Innovation140 Contracting 21. Communications Skills and a Survey of Negotiations - A review of the latest techniques, best practices, and historical review of experts throughout history - The latest practical and effective tactics in preparing for and executing negotiations - Time proven successful Do s and Don ts - Best negotiations in history and why they succeeded James B. Schepley, Raytheon Company Social Hour 4:00 5:00 PM