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Jack Horan Testifies in Congress Regarding GSA’s Proposed “Transactional Data” Rule

On June 25, 2015, Partner John C. Horan testified in front of the U.S. House of Representatives Committee on Small Business, Subcommittee on Contracting and Workforce  regarding GSA’s proposed rule that would require contractors to  electronically report the price the federal government paid for an item or service bought through the GSA Federal Supply Schedule and other GSA government-wide contract vehicles.  The controversial rule, which was published on March 4, 2015, has received a great deal of opposition not only by industry, but also by the GSA Inspector General.  Mr. Horan testified that the proposed rule is problematic for contractors – particularly small business contractors – for the following reasons: (1) the rule creates a significant and unnecessary reporting burden on these contractors; and (2) the rule is subject to misuse that could result in considerable harm.  Additionally, there  is no evidence that the transactional data will improve GSA’s ability to purchase items on a more cost-effective basis.   Read more from Mr. Horan’s testimony here: Horan Committee on Small BusinessTestimony

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Jack Horan Testifies in Congress Regarding GSA’s Proposed “Transactional Data” Rule

Denver Government Contracts Briefing

Please join us on May 5th at the Ritz-Carlton, Denver for our annual Government Contrast briefing series. We will examine several “hot topics” in government contracting, including Mergers and Acquisitions, International Contracting, Cybersecurity, Intellectual Property, Tort Litigation and E-Discovery, as well as our traditional updates on Acquisition, Performance, Fraud and Compliance and Cost and Pricing issues.

Denver Government Contracts Briefing

DC Office to Host ABA Committee Panel on Government Claims

On Wednesday, November 12, 2014, at noon our DC office (located at 1900 K Street NW) will host the ABA PCLS Contract Claims and Disputes Resolution Committee’s monthly meeting, which will feature a panel discussion about government claims.  Justin Ganderson will be moderating a panel comprised of Judge Lynda T. O’Sullivan (ASBCA), Beth Ferrell (Dentons, Partner), Paul Pompeo (Arnold & Porter, Partner), David Koeppel (Counsel for Procurement and Contracts at United States Department of Labor, Office of the Solicitor) and Robert Neill (Trial Attorney, Contract & Fiscal Law Division, US Army Legal Services Agency).  They will be discussing a variety of topics, including the CDA’s 6-year statute of limitations, the impact of the Federal Circuit’s 2010 M. Maropakis Carpentry decision (finding that the contractor was required to file a claim in order to raise certain defenses to the government’s liquidated damages assessment and set-off), the ASBCA’s recent Beechcraft Defense Company decision (ordering the government to file a complaint regarding its underlying claim), the factors the government reviews when deciding whether to assert a claim against a contractor.  Please contact Justin Ganderson if you would like to attend in person or by phone.

DC Office to Host ABA Committee Panel on Government Claims

National Defense Industrial Association Dinner

We wanted to let you know that Dentons remains very active in the Southern California Aerospace and Defense Community.  In conjunction with the NDIA’s Conference in San Diego next month, on August 12 Dentons will host an invite-only National Defense Industrial Association dinner at the Vela Restaurant in San Diego, California.  Our guest speaker, Dr. Tai Ming Cheung, will address “What China Means to the U.S. Defense Industry”.  Dr. Tai Ming Cheung currently serves as the Director of the Institute on Global Conflict and Cooperation.  Dr. Chueng has long been considered an expert analyst on Chinese and East Asian defense and national security affairs.  This presentation will provide strategic insight into the world of cyber security concerns.

National Defense Industrial Association Dinner

San Diego Briefing

We are excited to announce that we will be back in San Diego on September 10 to perform our annual Government Contracts briefing. The event will take place at the spectacular Grand Del Mar.  We have not yet decided on whether the briefing will be all day or morning only. Either way, we wIll showcase a lineup of speakers from several of Dentons’ key practice areas across Southern California. We will address government contracts, real estate, corporate and IP issues that impact contractors in the San Diego community. We are still finalizing the agenda, but the discussions will focus on compliance and risk issues.

San Diego Briefing

MLA Team Attends Camp Pendleton Day

On June 19, 2014 the Orange County and San Diego posts of the Society of Military Engineers (SAME) hosted Camp Pendleton Day at the U.S. Marine Corps Base in Oceanside, California.  For the fourth consecutive year, the Dentons’ Government Contracts Practice Group participated as an exhibitor.

During the event, nearly 500 participants gathered at the Pacific Views Event Center to network and learn the status of regional Marine Corps opportunities, federal incentives and future platforms at Camp Pendleton, MCIWEST and NAVFAC Southwest.  This year’s theme was “Right Place, Right Time.”  The speakers included Colonel David P. Casey, Assistant Chief of Staff, Plans, First Marine Expeditionary Force, and Brigadier General John W. Bullard, Jr. Commanding General MCI West – MCB Camp Pendleton, amongst others.

 

MLA Team Attends Camp Pendleton Day

Join Dr. Patricia Harned, President of the ERC and Dentons for a Discussion on Corporate Ethics

I hope you can join me and Dentons’ Government Contracts Department Chair, Fred Levy for an ABA Committee lunch meeting featuring Dr. Patricia J. Harned, President of the Ethics Resource Center (ERC). She will be speaking to the Committee regarding the results of ERC’s National Business Ethics Survey (NBES).  The NBES is a study, conducted every two years, of ethical behavior within corporations. Specifically, it gauges ethics in the workplace and forecasts where corporate America is heading from a cultural standpoint.

This year’s findings are quite interesting.  The current NBES reveals a reduction in overall observed workplace misconduct, which the ERC attributes to corporate America’s increased commitment to enhancing ethics and compliance programs.  On the other hand, according to the NBES, 60-percent of misconduct is committed by someone within management, 1 out of every 3 people who observe misconduct choose not to report it, and 21-percent of those reporting misconduct believe that they suffer retaliation.

Dr. Harned will discuss these issues and many other interesting findings from ERC’s NBES that we believe will be both informative and valuable.

 

Join Dr. Patricia Harned, President of the ERC and Dentons for a Discussion on Corporate Ethics

Join us at the Association of Defense Communities 2014 National Summit

Earle Taylor and Bob Tritt, are participating in the ADC’s three day program on new developments affecting military base developers and energy and utility providers interested in partnering with DoD.

The conference will provide the latest news on the military services’ goals for obtaining electricity from renewable sources and a special session covering the redevelopment of closed military bases.

The program takes place at the Crystal Gateway Marriott in Arlington, VA today through June 6th.

To see the full program, click here.

Join us at the Association of Defense Communities 2014 National Summit

Join NCMA and Todd Canni in a Discussion on Developments & Issues on Debarments and Suspensions

When Friday April 18, 2014 from 8:30 AM to 10:30 AM EDT Networking & Breakfast Starts at 7:30 AM

Where: Washington Technology Park Conference Center 15000 Conference Center Drive Chantilly, VA 20151

Suspension, debarment or exclusion from government contracts or other transactions with the federal government can have devastating consequences to companies that rely on the federal government for business as a prime contractor, subcontractor or grantee. Being listed on the government’s “Excluded Parties List” not only renders the company ineli gible for federal government work, but can have collateral consequences such as ineligibility to obtain federal export licenses or debarment from state and local contracts. Companies can be suspended or debarred based on a criminal conviction or finding of civil fraud not directly related to the performance of a government contract, grant or transaction. In addition, a criminal violation of certain laws, such as the Clean Air Act and Clean Water Act, require that a company be debarred.

The federal government has greatly increased its use of suspension and debarment. It is actively pursuing suspension or debarment of federal grantees, of companies that violate federal socio-economic laws and regulations, and even of companies that settle civil false claims allegations without an acknowledgement of wrongdoing. A contractor’s or grantee’s failure to disclose potential wrongdoing related to the award, performance or close-out of a federal transaction now has b een added to the long and growing list of gr! ounds for suspension or debarment.

About the Presenter:

Todd Canni serves as Counsel in the Washington D.C. office of Dentons and has worked on all sides of the government-contracting process, including in the Executive Branch with the Department of Air Force as Director, Suspension & Debarment Operations, the Judicial Branch at the U.S. Court of Federal Claims as Judicial Law Clerk to the Chief Judge and with Industry as outside counsel.

To register please contact Jessica Grant at info@ncmabd.org

Join NCMA and Todd Canni in a Discussion on Developments & Issues on Debarments and Suspensions

DC Office to Host ABA Committee Panel On Federal Public Private Partnership (P3) Transactions and the Future of the OMB Scoring Rules

On Thursday, April 10, 2014, at noon Dentons’ DC office will host the ABA PCLS Privatization, Outsourcing and Financing Transactions Committee’s monthly meeting, which will feature a panel discussion on setting standards for Federal Public Private Partnership (P3) transactions and the impact of the OMB scoring rules.   Panelists will include:

  • Dorothy Robyn (former Commissioner, Public Buildings Service for the General Services Administration, and former Deputy Under Secretary of Defense for Installations and Environment),
  • Domenic N. Savini (Assistant Director, FASAB), and
  • Steve Sorett (Dentons Senior Counsel and FASAB Advisory Board Member).

 

Panelists will discuss the efforts of the Federal Accounting Standards Advisory Board’s (FASAB) P3 Task Force, which circulated an Issue Paper in December 2013, and in February 2014 completed a draft Exposure Draft entitled “Public-Private Partnerships: Disclosure Requirements”.  The panelists also will address the challenges that P3s face as a result of the current OMB scoring rules, and what the future holds in this area.

DC Office to Host ABA Committee Panel On Federal Public Private Partnership (P3) Transactions and the Future of the OMB Scoring Rules