NewLaw Paradigm: Contract Management for LPO and Law Firms
US Defence Contracting and DFARS Compliance in Europe 2016.PDF
1. Register Now | +44 (0) 20 7878 6888 | C5-Online.com/DFARS
a C5 Group Company
Business Information in a Global Context
US Defence
Contracting
& DFARS
Compliance
in Europe
5th
Advanced Forum on
UP TO 17.75 CPD
CREDITS AVAILABLE
This year marks 30 years since the inception of C5 Group.
It is time to match our brand with the dynamic strides we have made.
See inside for details…
19 – 20 October 2016 | Grand Hotel Oslo, Norway
C5Business Information in a Global Context
New topics, features, case studies and practical exercises
for 2016 include:
» Better Buying Power 3.0: Strategies for gaining contracts and
funding for R&D projects amidst decreased government spending
» Cyber Security Tool Kit: How companies are upgrading their
cyber programmes to meet the new demands of the interim rule
» Identifying Counterfeit Parts Hypotheticals: Detecting prohibited
materials within your supply chain
» Case Study on Off-Setting Costs: Lessons learned from the
Raytheon SAS case
» A Q&A with the DCMA: Have your questions on the latest DFARS
updates answered
» Benchmarking with Frontrunners in Defence Contracting:
Incorporating the new anti-human trafficking requirement into your
internal procedures
Hear from Key Policy Makers and
Government Officials including:
Defense Procurement Acquisition
Policy, Department of Defense (USA)*
Defense Contract Audit Agency (USA)*
Defense Contract Management Agency
(Germany)
Benchmark and Gain Practical
Insight on FAR and DFARS
Compliance from:
Accenture (USA)
Addx (USA)
Alenia Aermacchi S.p.A. (Italy)
Dell Services Federal Market (USA)
Draper Laboratories (USA)
Emergent Bio Solutions (USA)
Kongsberg Defence and Aerospace
(Norway)
Liedos (USA)
Nammo (Norway)
S.A.B.C.A. (Belgium)
Rolls Royce (USA)
Session Sponsors:
2. @C5Live_Trade #C5DFARSJoin the Conversation International Trade Compliance Experts
With nearly a $600 billion budget for military
expenditure in 2016, the United States is by far the
largest market for defence companies. Securing
a contract with the Department of Defense (DoD)
can lead to years of success, steady payment and
growth for everyone within the supply chain.
In order to be in the running for one of these
highly lucrative contracts, companies need to
stay on top of the latest changes to DFARS and
ensure their contracts, systems and processes
reflect new requirements
Cyber security is at the forefront of concern for
governments world wide. In order to better protect
technology, the DoD recently published the new
Network Penetration Reporting and Contract for
Cloud Services interim rule. By December 2017,
companies must, at a minimum, meet the National
Institute of Standards and Technology (NIST)
Special Publication (SP) 800-171 standards or have
an alternative security system approved.
At the same time, the new Better Buying Power
(BBP) 3.0 is being finalised. The US government is
looking to get the best gain for its money. As currently
written, along with other changes, this new version
of BBP will increase the burden on companies for
Why you can’t miss the event:
» Find out how to bring your cyber
security system up to speed with the
NIST requirements
» Take home leading strategies
for preparing for DCAA audits
» Gain top tips for complying
with R&D requirements under the
upcoming Better Buying Power 3.0
» Hear how both primes and subs
master flow-down requirements under
DFARS
» Find out how to fight a corrective action
» Benchmark with experts and peers
» Network with the European defence
industry
getting Independent Research and Development (IR&D)
and Contracted Research and Development (CR&D)
projects approved along with other changes. Those that
want to gain new contracts need to have an action plan
in place to compensate for these upcoming changes or
get left behind.
Benefits of a DoD contract can vanish without strict
compliance to the Federal Acquisition Regulations
(FAR) and Defense Federal Acquisition Regulations
Supplement (DFARS)
Foreign companies that are part of DoD contracts must
juggle various accounting standards from multiple
countries,meettherequirementsoftheTruthinNegotiations
Act (TINA) and flow down FAR and DFARS clauses to
sub-contractors. Anything less than meeting the high
standards of the Defense Contract Management Agency
(DCMA) and Defense Contract Audit Agency (DCAA) can
lead to suspension of payment and hefty fines.
Preparing for DCMA or DCAA audits is essential for
any company contracting with the US Department of
Defense. The focus of an audit will vary and you need to
be prepared for anything. Find out how to meet changing
FAR and DFARS requirements and successfully pass a
DCAA audit at C5’s 5th
Advanced Forum on US Defence
Contracting and DFARS Compliance in Europe.
A MUST attend event for:
Vice Presidents, Managers
and Directors of:
• Contracts and Pricing
• Commercial
• Finance
• Financial Controller
• Government Accounting
• Audit
• Government Procurement
• Government Compliance/Relations
• Procurement
Corporate Legal Professionals:
• Government Contracts Counsel
• Compliance Counsel
• Legal Affairs/Operations and Litigation Counsel
Attorneys and Consultants Specialising in:
• FAR/DFARS
• Defence Contracting and Compliance
• U.S. Government/DoD Contracting and Compliance
3. Register Now | +44 (0) 20 7878 6888 | C5-Online.com/DFARS
a C5 Group Company
Business Information in a Global Context
Pre-Conference Workshop
09:00
Understanding the FAR and DFARS Framework,
Nomenclature, Purpose and Prescription
• What is the FAR
• What are the agency supplements and which
supplements do you need to consider when
contracting with the DoD
• Finding applicability language: working through
examples with typical FAR and DFARS
• What are your obligations for compliance
• Managing updates to section content from solicitation
to winning the contract
10:00
Understanding the Roles of US Government
Official, DCMA and DCAA
• Main bodies involved in US defence and aerospace
contracting
- Contracting officers and contracting officer technical
representatives
- DCMA and DCAA
• Role of contracting offices, DCAA and DCMA in the
contracting process
• How do the DCAA and DCMA interact with each
other?
• How do the DCAA and DCMA interact with other
US government agencies
10:30
Morning Refreshments
10:45
Ensuring Adequate Flow-Down of FAR
and DFARS Requirements from Primes
• What FAR and DFAR requirement flow-downs are
mandatory and which are optional for European
companies?
- Understanding the obligations of a prime
- Mandatory flow-downs
• Evaluating contractual requirements to ensure onerous
additional rights are not required
• How to approach negotiations and clarifying your
obligations
- Explaining European standards as an alternative
to US standards
- How to ascertain the nature of the contract prime
has with the US government
• Engaging DCAA/local government assistance
in an audit
• Responding to requests for data disclosure from
US primes
12:00
Networking Luncheon
13:30
Applicability of FAR and DFARS Provisions
Based on Contract Type
• What are the different contract types used by the US
government when procuring goods and services?
- Cost reimbursement
- Fixed price
• What contract types are mandatory based on goods
or services procured?
• Available procedures under FAR and DFARS
contracting
• When will each of these procedures be of relevance
to your company
• What costs and pricing requirements are of relevance
for each contracting method
• What are the core requirements under the Truth
in Negotiations Act (TINA)
14:30
Afternoon Refreshments
14:45
Determining Applicability of Cost Accounting
Standards to your Contracting and Completing
a Disclosure Statement
• What is CAS?
• When is a contract covered by CAS?
• What are the most critical CAS regulations?
• Understanding the consistency and allocation rules
• How can you satisfy the disclosure requirements
under CAS?
16:00
Pre-Conference Workshop Ends
TUESDAY 18 OCTOBER 2016
WORKSHOP A: (Registration: 08:30)
Applying the Fundamentals of FAR and DFARS Compliance – Key Concepts and
Requirements for US Government Contracting
Ove Norseth, Manager, Government Liaison Officer,
Kongsberg Defence and Aerospace (Norway)*
Lonnie Myklebust, Director Trade Compliance,
Nammo (Norway)
4. @C5Live_Trade #C5DFARSJoin the Conversation International Trade Compliance Experts
Main Conference
08:15
Registration and Refreshments
09:00
Opening Remarks by Chairs
Lynna Hood, Director, Growth and
Services, Addx (USA)
Ove Norseth, Manager, Government
Liaison Officer, Kongsberg Defence
and Aerospace (Norway)
09:15
Better Buying Power 3.0:
How to Continue to Win
Contracts and Funding for RD
amidst Increasingly Stringent
Government Spending
Mark Nackman, Partner,
Jenner Block (USA)
Lynna Hood, Director,
Growth and Services, Addx (USA)
Mark Smith, Director,
Government Finance,
Defense Sector, Rolls Royce (USA)
• Better Buying Power 1.0 vs. Better
Buying Power 3.0: what’s new,
what’s gone, and what does this
mean for contractors?
• Key changes to the procurement
process under Better Buying
Power 3.0
• Productivity incentives and how
they work
• Planned changes for allowable
and unallowable costs under IRD
and CRD
• How to prove that the government
approved a cost as allowable
• How will ‘allowability’ of IRD costs
be impacted if the proposals go
through as currently drafted
10:30
Morning Refreshments
11:00
Bringing your Cyber Security
Programme Up to the
New Increased Standards
Established under the Interim
Rule by the 2017 Deadline
Jacqui Nevils, Director, DFARS
Cyber Compliance Program
(Raytheon) (USA)*
Tahlia Townsend, Partner,
Wiggan and Dana (USA)
• Overview of the new cyber security
requirement: what’s changing under
the DFARS Network Penetration
Reporting and Contracting for
Cloud Services interim rule
• What Controlled Unclassified
Information (CUI) is covered under
the “catch-all” subcategory
• When to add new cyber security
requirements into new and existing
contracts
• Developing a cyber security risk
assessment: what to include
• Minimum requirements of
meeting the new cyber security
requirements
- How can smaller companies
meet these requirements on a
limited budget?
• How to bring your systems in
line with the National Institute of
Standards and Technology (NIST)
Special Publication (SP) 800-171
security requirements before the
deadline
• What additional security measures
can be required beyond NIST SP
800-171 and when?
• When and how to demonstrate that
a NIST SP 800-171 requirements
may not be applicable in situation
• How to get an alternative
protection approved by
the Department of Defense
Contracting Officer
• When to flow down the new
requirements to sub-contractors
• How to determine if your cyber
security system has been
‘compromised’ and a disclosure
is needed
• Building a cyber security action
plan for how to react to cyber
breaches
• Who to report to following a breach
to your cyber system: what’s meant
by ‘customer’
12:00
Networking Luncheon
13:15
Changing Practices in Cost
Accounting Standards: Impact
of the Raytheon Case on the
Ability to Off-Set Costs
Matthew Popham, Vice President,
Government Compliance Director,
Liedos (USA)
• How have service contract
reporting requirements changed
in the last year?
• Overview of the facts in the
Raytheon Space and Airborne
Systems (SAS) case
• When do changes need to be
looked at individually and when
can they be considered in
aggregate?
• Which changes will result in a
contract adjustment and which will
be ignored in fixed cost contracts?
- Pre vs. post April 8th 2005
contracts after FAR 30.606 went
into force
14:15
Documentation Retention
and Reporting Requirements
under FAR and DFARS:What
you Need to Have in Order to
Respond to Any Questions that
Come your Way
Philippe Duculot, Head of Contract
and Sales, S.A.B.C.A. (Belgium)
• What are the key requirements
that the DCAA tends to look out
for during the reviews
• How to prepare for the review
in advance
DAY ONE: WEDNESDAY 19 OCTOBER 2016
5. Register Now | +44 (0) 20 7878 6888 | C5-Online.com/DFARS
a C5 Group Company
Business Information in a Global Context
• How to demonstrate that CAS was flowed down to
sub-contractors
• What is considered adequate when providing cost and
pricing data for sub-contractors
• What to prepare in terms of cost of the competition
• Consequences of failing an audit
• Steps to take after an audit if you’ve failed
15:00
Afternoon Refreshments
15:15
Managing DFARS Cost Accounting Standards
alongside National and International Accounting
Practices
Massimo Cavalcanti, Vice President of Finance and
Commercial, Airbus (Germany)*
• Standard material costing vs. job costing: how to build
an accounting system that will satisfy DFARS and local
requirements
• Key differences between modified CAS and Full CAS
• How to apply CAS as a foreign company with
a DFARS contract
Global Sponsorship Opportunities
C5 works closely with sponsors to create the perfect business development solution catered exclusively to the needs of any
practice group, business line or corporation. With over 500 conferences held in Europe, Russia and the CIS, China, India, the
US and Canada, C5 provides a diverse portfolio of first-class events tailored to the senior level executive.
To find out how to position your firm as an industry leader by sponsoring this event, please contact Sofiane Guerni on
+44 (0)20 7878 6870 or email s.guerni@c5-online.com
Representing companies from the largest defense contractors to small businesses,
Jenner Block attorneys draw on a wealth of industry and litigation experience to
help clients successfully avoid or resolve contract disputes. Whether the issue is rockets, submarines or cloud services, we
can assist from our Washington, DC and London offices.
Pillsbury’s Government Contracts Disputes team provides local, national and international clients with
advice and representation over a full spectrum of government contract matters at the federal and state
levels. Our nationwide practice deploys highly experienced attorneys from DC and the West Coast to
handle government cost and pricing disputes, bid protests, litigate claims, resolve fraud and false claims
allegations and conduct internal investigations.
Session Sponsors:
C5Business Information in a Global Context
This year marks 30 years since the inception of C5 Group.
30 years
expanding
across
the globe
30 years
building a
network of
industry leaders
30 years
hosting more
than 6,000
conferences
It is time for a brand, logo and language in keeping with the dynamic
strides we have made as a company. It is time for a brand that will take
us forward for the next 30 years.
C5 Group, comprising C5 in Europe, American Conference Institute
and The Canadian Institute, will unite under one central brand image,
appropriately a globe. See how bringing together the power of people
and the power of information can accelerate your growth and success.
Our new brand look and language will be fully revealed soon. Stay
tuned for more exciting changes.
• Pros and cons of keeping two parallel sets of
accounting books
• How to do your accounting when you have multiple
government contracts with different governments
- What are the accounting risks?
• Available software to help with government contract
accounting
16:00
Identifying Counterfeit Parts: How to Detect
Prohibited Materials Inside your Supply Chain
Giuseppe Riccio, CFO, Head of US DCAA/DCMA
Relations, Alenia Aermacchi S.p.A. (Italy)
• When do you need a programme in place that will
identify if a part is counterfeit?
• How to determine if your sub-contractors are using
counterfeit parts
• What should this programme include?
• Consequences of not having a programme in place
• How will liabilities of the contractor change if this
proposal becomes a rule?
17:00
Conference Adjourns
6. @C5Live_Trade #C5DFARSJoin the Conversation International Trade Compliance Experts
08:30
Morning Refreshments
08:45
Remarks by Chairs
Lynna Hood, Director,
Growth and Services, Addx (USA)
Ove Norseth, Manager, Government
Liaison Officer, Kongsberg Defence
and Aerospace (Norway)
09:00
Creating the Ultimate Flow
Down Checklist for Meeting
Your Responsibilities as a
Prime, Sub-Contractor or
Sub-Sub-Contractor
Marie Jatsko, Director of
Sub-Contracts, Dell Services
Federal Market (USA)
• To what extent is a contractor
reliable for auditing their
sub-contractors
- How far do you need to go to
make sure your sub-contractors
are compliant
• Obligations for flowing down
DFARS requirements – how far
is far enough?
10:00
A QA with the DCMA:
New and Anticipated Changes
to DFARS Requirements
Speaker to be Announced
DCMA (Germany)
Have questions on DFARS? This is
your opportunity to get first hand
answers from a DCMA representative.
Ask questions anonymously on the
new and upcoming changes to
DFARS Compliance.
11:00
Morning Refreshments
11:15
Keeping Up with Changes for
FARS and DFARS: a Look at
How Companies Implement
the New Human Trafficking
Requirement into their
Organisation
Diana Ororbia-Knapton,
Government Compliance Director,
Emergent Bio Solutions (USA)
Matthew Popham, Vice President,
Government Compliance Director,
Liedos (USA)
Mark Smith, Director,
Government Finance,
Defense Sector, Rolls Royce (USA)
Jason Witten, Founder,
Witten Law (UK)
• Where is the DCAA focusing for
allowability during incurred costs
audits?
• Best practices for a company
undergoing an incurred cost audit
• Submission requirements
• What is the DCAA doing right
now in regards to system audits,
incurred costs audits, etc.?
• What correspondence has been
coming out from the DCAA?
15:30
Afternoon Refreshments
15:45
Step by Step Guide on
Fighting or Mitigating
a Corrective Action
Lonnie Myklebust, Director Trade
Compliance, Nammo (Norway)
Brian Taylor, Compliance Director,
Accenture Federal Service
• When is it reasonable to argue an
inadequacy finding or corrective
action?
• Who to involve
• What documentation do you need
to have?
• Steps to take
• How to prove the strength
and effectiveness of your own
compliance programme
• How to prove due diligence was
carried out
• What are your obligations to your
supplier?
16:45
Conference Ends
Main Conference
DAY TWO: THURSDAY 20 OCTOBER 2016
• How to find out when a change
to FARS or DFARS happens:
what companies are doing to
receive alerts
• Who needs to know about
changes to the FARS and DFARS?
• How to go about making
necessary changes
• Building a corporate plan to
prevent the trafficking of persons
• When to update contracts
12:15
Networking Luncheon
13:30
Insider’s Guide to Surviving a
DCAA Audit: What you Need to
Know in Advance of the DCAA
Knocking on your Door
Ove Norseth, Manager, Government
Liaison Officer, Kongsberg Defence
and Aerospace (Norway)
Andrew Habina, Director of
Internal Audit and Compliance,
Draper Laboratories (USA)
• Knowing your rights
- When can the DCAA come
to audit?
- When can you refuse an audit?
- What questions to ask prior
to the audit
• What to expect during a DCAA audit
- What they will want to see
and who will they speak to
- What information can you
decline to provide and why?
• Key consideration to avoid
questioned costs
- Identifying and taking out
unallowable costs
- Successfully challenging
a costs or practice DCAA
considers incorrect or
unallowable
- When and how to escalate
troublesome issues
14:30
Incurred Costs Trends over the
Past 12 Months
Kevin J. Slattum, Partner, Pillsbury
Winthrop Shaw Pittman LLP (USA)
7. Register Now | +44 (0) 20 7878 6888 | C5-Online.com/DFARS
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Business Information in a Global Context
FRIDAY 21 OCTOBER 2016
Post-Conference Workshop
WORKSHOP B: 09:00 – 12:30 (Registration: 08:30)
Executive Roundtable: Preparing For an Incurred Costs Audit
Preparing for Incurred costs audits can be challenging for anyone subject to FAR and DFARS. During this special
executive roundtable, professionals will share lessons learned from past incurred costs audits.
WORKSHOP C: 13:30 – 17:00 (Registration: 13:00)
Specialised Cost and Pricing:The Experts Guide to TINA and CAS Compliance
Diana Ororbia-Knapton, Government Compliance
Director, Emergent Bio Solutions (USA)
Andrew Habina, Director of Internal Audit
and Compliance, Draper Laboratories (USA)
Andrew Habina, Director of Internal Audit
and Compliance, Draper Laboratories (USA)
Massimo Cavalcanti, Vice President of Finance
and Commercial, Airbus (Germany)*
• What are incurred cost submissions?
• When will you need to make an incurred cost
submission?
• Satisfying requirements for filing an incurred cost
submission
• Resources available for completing the submission
• How to meet DCAAs expectations for an incurred
costs audit: best practices
- As a small company
- As a prime
- As a sub
• What to include on an incurred costs checklist
• How to prove that the items purchased items are
actually commercial products
• How to effectively be the ONE point of contact when
multiple audits are going on at the same time
- Alternatives
• What is the Truth in Negotiations Act (TINA)?
• What are the core requirements of the Truth in
Negotiations Act (TINA)?
• When is compliance with TINA requirements
necessary under each of these procedures?
• Applicability of cost allowability and allocability to your
contract based on your contract type
• Understanding US GAAP and how this affects how you
need to document your costs
• What kind of costs should you pay particular attention
to ensure they meet US “reasonability” standards?
• Calculating reasonable compensation for:
- labour costs
- building materials
- using US carriers
- implementation of US standards
- travel related expenses
- executive compensation
- pensions
• Managing different approaches to compensation
and overheads in the US and in Europe
- site vs. job overheads
- actual vs. prospective payments
• Managing different allowability requirements in your
local jurisdiction and the US
• How to establish a useful cross-jurisdiction accounting
system
• Overcoming data protection and privacy challenges
when compensation information is made publicly
available
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so you can re-watch sessions, or view any sessions you may have missed.
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Date: 19 – 20 October 2016
Time: 08.15 – 17.00
Venue: Grand Hotel Oslo
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4
US Defence Contracting
DFARS Compliance in Europe
5th
Advanced Forum on
19 – 20 October 2016 | Grand Hotel Oslo, Norway