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Marsh Government Contracting Risk Forum 2017

Growth in an Unpredictable World: Strategies for Resiliency

Tuesday, May 23, 2017
12–6 p.m.

The Ritz-Carlton, Tysons Corner
1700 Tysons Boulevard
McLean, VA 22102 l Map

We have partnered with Marsh to develop an afternoon of insightful panels and networking opportunities to help you better manage your risk in a changing environment.
Scheduled panels include:

  • Technology Disruption’s Impact on Strategy and Risk
  • Third-Party Uncertainty from Geopolitical Instability
  • Social Instability: Optimizing Talent During the Storm

The forum opens with a networking lunch and concludes with a cocktail hour.
For more information, please visit our event website.

Marsh Government Contracting Risk Forum 2017

Trump’s ‘Buy American, Hire American’ executive order advances his domestic preference agenda, but its impact may not be felt for months

Delivering on one of his signature campaign promises, President Trump signed an executive order (EO), dubbed “Buy American, Hire American,” on April 18, 2017, that focuses on the H-1B visa program and the procurement of American products by federal agencies.

On the “Buy American” front, the EO requires every agency to conduct, within 150 days of the date of the EO, a comprehensive assessment of the monitoring of, enforcement of, and compliance with the Buy American requirements within their respective agencies. The EO acknowledges the existence of several Buy America(n) preference frameworks, which it consolidates for purposes of the new policy position.

The EO further directs the agencies to assess their use of Buy American waivers, to minimize their use of such waivers and, prior to granting a public interest waiver, to assess whether the cost advantage associated with purchasing “a foreign-sourced product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods,” and to document their findings in any waiver determination. The EO also requires agencies to adopt policies and procedures to maximize the use of US goods, products, and materials in federal procurements.

The EO further directs the Secretary of Commerce and the United States Trade Representative to assess the impact that all US free trade agreements and the World Trade Organization Agreement on Government Procurement have on Buy American requirements within 150 days of the date of the EO and to submit a report to the President detailing their findings within 220 days of the EO date.

The “Hire American” element of the EO requires the Secretary of State, the Attorney General, the Secretary of Labor and the Secretary of Homeland Security to propose new rules and to issue new guidance aimed at protecting the interests of US workers from fraud and abuse. In addition, the EO directs the Secretary of State, the Attorney General, the Secretary of Labor and the Secretary of Homeland Security to suggest reforms to the H-1B program so that visas under the program are granted to “the most-skilled or highest-paid petition beneficiaries.”

As discussed here, government contractors should continue to monitor the administration’s activities with respect to domestic preference requirements, as changes appear to be on the horizon. Government contractors should also remain in strict compliance with domestic preference laws, regulations and contract terms, as the Trump administration appears set on vigorously enforcing existing domestic preference requirements. Finally, while the Buy American directives in the EO seem focused on construction and transportation projects and while it remains to be seen what comes of the report to be submitted to the President, it seems likely that there will be at least some changes to existing domestic preference obligations. And while any changes are not immediately forthcoming, contractors should evaluate their current supply chains so as to be prepared to make necessary adjustments should new domestic preference requirements be implemented.

Trump’s ‘Buy American, Hire American’ executive order advances his domestic preference agenda, but its impact may not be felt for months

Government Contracts Legislative and Regulatory Update – April 2017

Our April edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of March. Highlights this month include:

  • President Trump signs resolution revoking President Obama’s Fair Pay and Safe Workplaces EO and implementing regulations
  • House of Representatives passes $578 billion defense appropriations bill
  • Congress’s timeline to pass appropriation bills sparks fear of another government shutdown
  • This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

    To read the newsletter, please click here.

     

Government Contracts Legislative and Regulatory Update – April 2017

You’re Invited: 2017 Denver Government Contracts Briefing

Please plan to join us at our annual Denver Government Contracts Briefing. As in previous years, the complimentary and exclusive meeting will cover the latest developments in the government contracting industry. The briefing will take place at our traditional venue, the Ritz-Carlton, Denver.

View the complete agenda and the latest updates on the event webpage

Thursday, May 11, 2017
Ritz-Carlton, Denver 1881 Curtis Street
Denver, CO

 

 

 

You’re Invited: 2017 Denver Government Contracts Briefing

DoD announces industry day to facilitate implementation of new network penetration reporting clause

In response to a chorus of implementation questions raised by the contracting community, the US Department of Defense (DoD) has announced an industry information day, during which contractors who have questions or wish to provide feedback regarding DoD’s Network Penetration Reporting and Contracting for Cloud Services final rule can raise those questions. On April 5, 2017, DoD published a notice of meeting in the Federal Registerannouncing the “Industry Information Day” on June 23, 2017.

The public meeting will address the implementation of DFARS Case 2013-D018, and the associated DFARS clauses, including DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct. 2016). The final rule, published October 21, 2016, finalized an interim rule mandating that both prime and subcontractors safeguard covered defense information, report on network penetrations, and require adequate security from external cloud computing services. We have previously analyzed these new requirements.

The industry day announcement is an important reminder to contractors of the upcoming December 31, 2017, deadline for implementing the new security requirements required under the final rule to qualify for new DoD awards. The event will be held on Friday, June 23, from 9 a.m. to 1 p.m. at the Mark Center Auditorium in Arlington, VA. Any contractors with questions or feedback about the rule’s requirements or implementation should attend. The registration deadline is June 12, 2017.  Contractors may register via email at: OSD.DIBCSIAEvents@mail.mil. DoD will accept written questions until May 1 at the same address, and contractors grappling with various implementation questions are encouraged to submit questions in advance.

For additional details regarding the Industry Information Day, registration and process for submitting questions, please consult the meeting notice.

DoD announces industry day to facilitate implementation of new network penetration reporting clause

Government Contracts Legislative and Regulatory Update — January 2017

 

 

 

 

 

 

Our January edition of “Government Contracts Legislative and Regulatory Update,” offers a summary of the relevant changes that took place during the month of December. Highlights this month include:

  • President Obama signed into law legislation which extends and cements whistleblower protection for certain contractor employees
  • FAR Council issues final rule amending the FAR in response to injunction of certain Fair Pay and Safe Workplaces rules
  • DoD issues class deviation regarding controversial IR&D costs rule
  • FAR Council issues final rule mandating privacy training for contractor employees privy to PII

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

To read the newsletter, please click here

Government Contracts Legislative and Regulatory Update — January 2017

2017 Financial Forum Series

new-tax-picture

Dentons’ Government Contracts practice and the Public Contracting Institute (PCI) present a monthly webinar series offering practical advice and CLE credit. Each session will take an in-depth look at topics such as cost accounting compliance, cost and pricing trends, contractor best practices and more. The current schedule of dates and topics is below.

Contractors and government practitioners alike will benefit from this informative and exciting webinar series.

 
Every second Tuesday of the month
12–1 p.m. ET

January 10: Subcontract and vendor cost allowability and related issues

February 14: Final indirect cost rate proposals: auditor focus areas, trends and best practices

March 14: Selected FAR cost principles, Part 1: compensation, legal, consulting, organization, restructuring, tangible and intangible capital asset costs

April 11: Selected FAR cost principles, Part 2: IR&D, B&P, selling, advertising, public relations costs, other business development costs

May 9: Cost estimating and truthful cost or pricing data requirements

June 13: Cost reasonableness and travel and relocation cost allowability

September 12: Managing internal investigations into accounting matters: mandatory disclosures

October 10: CAS overview and best practices

November 14: Termination cost recovery

December 12: TBD

Register now for the 2017 Financial Forum Series. All sessions are complimentary for Dentons clients.

Each webinar will provide CLE credit and will be recorded and available online.

For more information, please contact Sofia Abraham Mendoza at sofia.mendoza@dentons.com.

[Register now]

2017 Financial Forum Series

2017 Cybersecurity in Government Contracts Series: Developments and Practical Steps for Compliance

 

chip

Join Dentons’ Government Contracts practice and the Public Contracting Institute (PCI) for the final four parts of our six-part webinar series. Presented monthly, each session will address key cybersecurity requirements for federal government contractors.

Prime and subcontractors both large and small, will gain important guidance for complying with the US government’s rapidly expanding cybersecurity requirements. The 2017 schedule and topics are below.

Taught by lawyers from Dentons’ Government Contracts practice and Privacy and Security practice, these sessions will help contractors meet their current obligations and position themselves competitively for the future.

12–1:15 p.m. ET

January 12: The DoD network penetration clause

February 9: Breach investigation and response

March 9: The National Archives and Records Administration Rule / SP 800-171

April 27: Information sharing: CISA and beyond

Register now for the 2017 Cybersecurity in Government Contracts Series. All sessions are complimentary for Dentons clients.

Each webinar will provide CLE credit and will be recorded and available online. For more information, please contact Sofia Abraham Mendoza at sofia.mendoza@dentons.com

 

2017 Cybersecurity in Government Contracts Series: Developments and Practical Steps for Compliance

Government Contracts Legislative and Regulatory Update — December 2016

legreg-update

We are pleased to bring you the December edition of “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during the month of November. Highlights this month include:

  • Compromise version of the National Defense Authorization Act for FY 2017 nears completion
  • FAR Council issues a final rule requiring representation of contractor greenhouse gas emission disclosures
  • BIS issues a final rule to remove arms embargoes against certain countries
  • DoD proposes a rule that would increase contractors’ evaluated bid prices by including allowable IR&D expenses

This update will also appear in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

On behalf of Dentons, we wish you and your loved ones a happy holiday season and a prosperous new year!

To read the newsletter, please click here

Government Contracts Legislative and Regulatory Update — December 2016

Webinar Recording: 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative

Silicon Valley Institute on Government and Technology

In case you missed our webinar “The 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative” hosted by Dentons’ Silicon Valley Institute on Government and Technology on November 17, 2016, a recording is available here.

You might also be interested in reading an article published by National Defense Magazine and republished by Bloomberg Government, which mentions some of the salient points made during the webinar.

 

Webinar Recording: 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative