National Contract Management Association Boston Chapter 53rd Annual March Workshop

Transcription

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 9:30 AM Registration 7:15 8:00 AM 1. Grants, Cooperative Agreements, and Other Transactions Advanced 2. Contract Types and Pricing Considerations Beginner 3. The Cloud, What s it all About? Commercial 4. Negotiating Commercial Contract Terms: Buyer & Seller Perspectives Professional / General Session 2 10:55 12:25 PM KEYNOTE ADDRESS 9:45 10:45 AM Ken Feinberg, from Feinberg, Rosen, LLP Topic: The One Fund Boston and other High Profile Mediation and Alternative Dispute Resolution Cases 5. Limiting Liability in Government Contracts Advanced 6. Essentials of Government Contracting Pre-Award Beginner 7. Your Company COO Wants To Meet With You, a UCC Issue? Commercial 8. Emerging Trends in Human Resources and How These Changes will Impact the Contracting Profession Professional / General Lunch 12:35 1:35 PM Session 3 1:45 3:15 PM 9. Federal Policy Updates Advanced 10. Essentials of Government Contracting - Post-Award Beginner 11. Cancelled 12. Project Management Tools for Contract Manager Types Professional / General Session 4 3:30 5:00 PM 13. Export Controls Advanced 14. Intellectual Property, Technical Data & Computer Software Beginner 15. Driving Organization Value Through Procurement Transformation Commercial 16. Capturing New Business Professional / General Social Hour 5:00 PM

2 Detailed Agenda, Session Descriptions, and Speakers Registration 7:15-8:00 AM Session 1 8:00-9:30 AM 1. GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTIONS In addition to conventional FAR-based procurements, the U.S. government frequently purchases goods and services through different means. These include grants, cooperative research and development agreements (CRADAs), and other lesser-known mechanisms, such as the Department of Defense s Other Transactions (OT) and NASA s Space Act Agreements. These nontraditional arrangements differ in many ways from traditional FAR-based contracts. This training/awareness session will discuss many of these vehicles, but will focus primarily on Other Transactions. John Nunziato, SOSSEC, Incorporated 2. CONTRACT TYPES AND PRICING CONSIDERATIONS - Contract Types & Applicability to Various Programs - Contract Type Through Program Life Cycle - Associated Risks by Contract/Program Type Sean Kelly and Dora Ramos, Draper Laboratory, Inc. 3. THE CLOUD, WHAT S IT ALL ABOUT? - Cloud 101 (types of clouds/market position) - Security/compliance/regulations - Contractual considerations/risks - Government vs. Commercial industries Leah Hyland, CenturyLink, Inc. 4. NEGOTIATING COMMERCIAL CONTRACT TERMS: BUYER & SELLER PERSPECTIVES - X Framework of a commercial contract - What are the important terms to consider? - How does the Buyer & Seller view those terms? - Finding common ground to get to agreement XX Mark Tremblay and Ben Turkel, Raytheon

3 Keynote Address 9:45 10:45 AM THE ONE FUND BOSTON AND OTHER HIGH PROFILE MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION CASES Ken Feinberg, Feinberg, Rosen, LLP Session 2 10:55 12:25 PM 5. LIMITING LIABILITY IN GOVERNMENT CONTRACTS - Range of liability to which prime contractors are exposed, including liability for default terminations, warranty claims, loss or damage to government property, and liquidated damages - Clauses government subcontractors should negotiate into their subcontracts with higher-tiered contractors to reduce their liability exposure - Suggest innovative techniques for both prime contractors and subcontractors to limit liability and mitigate against potential losses when doing business with the federal government Erin Toomey, Foley & Lardner LLP 6. ESSENTIALS OF GOVERNMENT CONTRACTING PRE-AWARD - Fundamental concepts underlying Government contracts - How the Government plans acquisitions - Basic facts about using contract types and building Request for Proposals and contracts - How the Government conducts competitive and sole source acquisitions Bunnie Pasternak, Innovation140 Consulting, LLC and Cynthia Burrows, C.G. Burrows Consulting 7. YOUR COMPANY COO WANTS TO MEET WITH YOU, A UCC ISSUE? - CASE STUDY: You work in the Contracts Department of your company. The COO of your company is working on a new draft operating plan to increase company revenue and decrease company risk and is going granular. He has asked your department to study your existing and prospective contracts to identify your 3 top contract challenges. The COO calls a meeting with your entire department for input - he s looking for problem solvers who can help balance revenue, profit, and risk! - Be prepared to have a lively dialogue on what your TOP 3 CONTRACTING TERMS AND CONDITIONS CHALLENGES are, why you chose them, how you would implement the contract changes you want to make, and where you expect to be by year end with these changes. This will be a facilitated round table discussion on the nexus between your company's overall operating strategy and your specific contract responsibilities as you see them, so "lateral thinking" participation will be used in lieu of a presentation. Mark J. Guay, Mark J. Guay PC, Strategic Legal Decisions

4 8. EMERGING TRENDS IN HUMAN RESOURCES AND HOW THESE CHANGES WILL IMPACT THE CONTRACTING PROFESSION - The workforce of the future; employees or contractors? - The workplace of the future - Ethics and Compliance What is the role of Contracting and Human Resources? - Certification in a global environment Clarissa A. Peterson, Abt Associates Lunch 12:35 1:35 PM Session 3 1:45 3:15 PM 9. FEDERAL POLICY UPDATES - Recent and emerging changes to the FAR and DFARS - Notable legal decisions: protests and disputes - Trends from 2013 in enforcement activity and suspensions and debarments David Himelfarb and Dan Kelly, McCarter & English, LLP 10. ESSENTIALS OF GOVERNMENT CONTRACTING POST-AWARD Contract Administration 101: DOA Does Not Mean Dead on Arrival! Are you new to contracts and need a primer to dazzle your Contracting Officer or keep your company out of trouble? Come ready to participate in an interactive session to ease your Contract Administrative headaches from Date of Award (DOA) through Contract Closeout. This session will walk you through some key points in every government contract, as well as specific contracts issues that can trip you up if you are not looking. Please come prepared with your real-life issues which may become part of the training's interactive sessions. Participants will go away with useful desktop tools that can keep you alive and kicking in your contract administrative life. Christopher Mikaelian, Norvartis, Marsha Cervantez, General Dynamics, and Sofia Iqbal, Raytheon

5 11. CANCELLED 12. PROJECT MANAGEMENT TOOLS FOR CONTRACT MANAGER TYPES - Contract manager are project managers! Understanding how to use current project management tools and techniques enables for more effectiveness in the role of the contract manager - Session will focus on tools and techniques to help you manage your procurement and contracting initiatives whether it is sourcing and selecting vendors, reviewing current vendors or managing major contract modification initiatives - Walk away from the session with a better understanding of how project management can assist you in performing your role as a contract manager. - Participants will be provided with information about the Project Management Institute (PMI ) as well as the Project Management Body of Knowledge (PMBOK ) Guide Gina Abudi, Abudi Consulting Group, LLC Session 4 3:30-5:00 PM 13. EXPORT CONTROL - Focus on export control and export risks that a major defense prime contractor faces in today's global environment - National disclosure policy for determining releasability and export licensing procedures, which must be followed correctly before any controlled technology is exported - Export control matters that must be addressed before a US company performs work in a foreign country - Actions that should be taken before awarding a subcontract to a supplier who will have access to defense articles or technology - Due diligence, export licensing, and Foreign Corrupt Practices Act (FCPA) implications of using foreign subcontractors Sean Sabin, Raytheon, Integrated Defense Systems

6 14. INTELLECTUAL PROPERTY, TECHNICAL DATA & COMPUTER SOFTWARE - Introduction to Intellectual Property ( IP ) Rights: Patents, Copyrights, Trademarks and Trade Secrets - Common IP Rights in Government Contracting: FAR and DFARS Clauses Dealing with Patents, Technical Data and Computer Software - Best Practices to Protect Your IP when Contracting with the Government Krista Stone, Mary Luther and Nadja Adilovic, Draper Laboratories 15. DRIVING ORGANIZATION VALUE THROUGH PROCUREMENT TRANSFORMATION Transforming a procurement organization involves developing and executing an appropriate and effective organizational construct, implementing enabling information and technology, aligning stakeholders, delivering sustainable value improvement considering the total cost of ownership, and efficient and accurate transaction management. A multitude of stakeholders are involved in strategic sourcing opportunity identification and execution. This includes Procurement, Finance, Legal, Business consumers, functional owners, and of course suppliers. Once an organization has effectively identified and executed strategic sourcing and strategic vendor relationships have been identified and vendor management is essential. Not all vendors or categories are created equally. In this presentation, Linda Behan will walk through her approach to organizational procurement transformation, and discuss when and how vendor management fits into her organizational evolution. She will share her personal experiences with both successful and unsuccessful vendor management activities and also share insights from other companies and industries accordingly. Linda Behan, SVP Global Procurement, Iron Mountain 16. CAPTURING NEW BUSINESS - Partnering with the customer during the RFP preparation - Really understanding the RFP instructions and evaluation criteria - Effectively responding to the RFP - Leveraging the post-proposal activities Jack Wrobel, Shipley Associates Social Hour 5:00 PM