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Perspectives

Trending Now government contracting webinar series

Tips and insights

Deloitte Risk & Financial Advisory is pleased to offer this webinar series addressing the latest hot topics in government contracting. The series will focus on timely, relevant topics and provide valuable insights, tips, and perspectives.

The source

Regulatory updates for government contractors

Download the summary of recent regulatory updates, guidance, and litigation affecting US government contractors.

All of our webinars are available for viewing at any time “on-demand.” Please find our archived webinars below.

Archived Webinars

Mastering the Art of the Mundane

Maintaining good documentation is a fundamental function of a government contractor. The Supreme Court’s recent Supervalu decision involving the False Claims Act has underscored the importance of having good, contemporaneous documentation supporting decisions around the treatment of costs. Discussion topics include:

  • The SuperValu decision
  • Other cases providing requirements for cost documentation
  • How to quantify claims in light of recent Federal Circuit precedent concerning the meaning of a “sum certain”
  • Current hot Cost Accounting Standards (CAS) and other cost issues

 

Budget time - taking a look back in order to look forward

Now that Incurred Cost Submissions are in, it is time to work on budgets. Before contractors turn their focus forward, it’s good to take a good look back in order to get a clear view going forward. Please join Deloitte for a webinar to discuss considerations for companies as they prepare budgets and forward pricing rates. Topics we will discuss include:

  • Analysis of historic data
  • What considerations should be considered going forward?
  • Is rate structure still appropriate?

 

DoD IG Report on DCMA actions related to DCAA Audits

The Department of Defense Inspector General (DoD IG) has issued a report on its evaluation of the actions taken by the Defense Contract Management Agency (DCMA) related to Defense Contract Audit Agency (DCAA) audit findings. This is not the first report related to this issue and is likely to impact defense contractors’ interactions with their Administrative Contracting Officers. Please join Deloitte and Ms. Nicole Owren-Wiest of Crowell & Moring for a webinar to discuss the report and the potential effects on companies, particularly in purchasing commercial items.

Topics we will discuss include:

  • Discussion of report findings
  • Potential impact on contractorsC
  • MMC Maturity Levels 1-5 capabilities discussion

 

Checking off resolutions. Are you ready for CMMC?

With the new year under way, it’s time to check off one of your resolutions and make sure you are ready for the Cybersecurity Maturity Model Certification (CMMC) requirements that were released in January 2020. Under these requirements, Department of Defense (DoD) contractors will need to implement a myriad of controls to address cybersecurity concerns. As these requirements are being incorporated into new contracts issued by DoD, contractors are urged to get ready for CMMC sooner rather than later. Please join us for a webinar to discuss CMMC hot topics and potential approaches to can help address CMMC requirements. Topics we will cover include:

  • CMMC updated timeline
  • Assessment methodology
  • CMMC Maturity Levels 1-5 processes discussion

 

The future of facilities: What will the next normal look like?

One thing there is agreement on is that “normal” post-COVID will not look like it did pre-COVID, particularly in the use of facilities. This webcast will discuss the latest thinking on how COVID-19 will continue to impact the workforce and the use of facilities in the future. Topics are expected to include:

  • Expected impact on remote work
  • Resulting changes in the use of facilities
  • Potential impacts on indirect rate structures                                                                                       

 

CFIUS Reform Considerations for Government Contractors

The recent expansion of CFIUS’ scope to include the introduction of minority investment scrutiny, the role of export controls as a foundation for identifying CFIUS national security concerns, and new mandatory reporting requirements, impacts more than just M&A activity within the government contracting space. Topics will include:

  • Regulatory updates enacted in February 2020 resulting in an expanded scope
  • CFIUS implications to consider when acquiring or investing in a US government contractor
  • CFIUS implications to consider as a US government contractor seeking to raise capital

DoD Cybersecurity Maturity Model (CMMC)

With the new CMMC requirements that were released in January 2020, DoD contractors will need to implement a myriad of controls to address cybersecurity concerns. Although the rollout plan and specific timeline for compliance has not been finalized by DoD, contractors are urged to get ready for CMMC sooner rather than later. Please join Deloitte for a webinar to discuss CMMC hot topics and potential approaches to help address CMMC requirements. Topics we will cover include:

  • CMMC overview
  • The role of a C3PAO
  • Latest updates from DoD and the Accreditation Body
  • Illustrative approaches for CMMC readiness

 

How low should you go? Challenges in supply chain compliance

There is an increasing focus on the requirements of Aerospace & Defense firms’ supply chain. With this comes added responsibility, leaving many companies wondering what is needed to achieve compliance. Please join Deloitte and Mr. Alex Sarria, and Ms. Abigail Stokes of Miller & Chevalier for a webinar to discuss resolutions that companies should consider, particularly in purchasing commercial items. Topics we will discuss include:

  • Increased cybersecurity regulation;
  • Evolving Buy American Act and Trade Agreements Act compliance requirements;
  • Latest prohibitions on telecommunications equipment (Huawei, ZTE, People's Republic of China, and Russian Federation);
  • Heightened counterfeit parts reporting requirements;
  • Section 809 panel commercial item category recommendations

 

Program Integration: Leveraging M&A Activity to improve insight and control for Programs and Contracts

The requirements of Aerospace & Defense firms are unique and highly specialized. This leads to an industry where not only are firms competing for work, they are often trading partners with each other on complex, multiple year programs. As the industry continues to consolidate companies are finding that a "one-size fits all" ERP solution does not address the range of services and markets that they serve. The advent of new information technology provides an opportunity from Aerospace & Defense clients to increase transparency and visibility for programs and contracts. Topics we will discuss include:

  • Program Integration–defining a single source of the truth for complex programs that cross segments and entities across large A&D firms
  • Operating Model Optimization–How to operate both commercial and defense contracts efficiently and compliantly in a constantly changing market place
  • Back Office Opportunities–how to define a common data model across the enterprise to enable efficiencies in back-office functions to control cost and improve competitive position in the market

 

Let’s think about business systems; DCAA is back on them again!

As Defense Contract Audit Agency (DCAA) has “caught up” on incurred cost audits, it has stated that it will be refocusing its efforts on business system audits. How should contractors address strategic organizational compliance risks associated with DCAA and Defense Contract Management Agency (DCMA) internal controls audits? We'll discuss:

  • A refresher on Defense department rules for business systems and potential implications for your organization.
  • Challenges that government contractors face and effective ways to work with the DCAA and DCMA if one of your systems has a significant deficiency.
  • How contractors are responding, including implementing audit readiness assessments and compliance improvement initiatives.
  • Let’s not forget about the “seventh business system"–cyber!

Learn ways to strengthen internal controls and to address audit risk in today's government contracting environment.

 

Happy New Year! Time for resolutions

It’s time to make resolutions for the New Year. Between financial year end and government closures, February seems a better time than January! Please join Deloitte and Mr. Stephen Knight of Smith Pachter for a webinar to discuss resolutions that companies should consider for the upcoming year.

Topics we will discuss include:

  • Documentation
  • Statute of limitations and record retention
  • Managing government audits
  • Preparing for claims
  • Cyber security

 

Finding equilibrium: Advancing synergies and celebrating differences

In aerospace and defense M&A deals, it’s common to plan for factors such as asset utilization, process efficiency, and material procurement leverage in great detail. Rarely considered, however, are differences between the two companies’ business models—and that’s a mistake. Please join Maryann Zeira and Mark Burroughs of Deloitte for a webinar to discuss post merger integration areas that companies should consider. Topics we will discuss include:

  • The importance of identifying business models
  • Identifying synergies and differences
  • Leveraging external restructuring proposals

 

Cyber security - Where do we go from here?

The initial self representation deadline under the Defense Federal Acquisition Supplement (DFARS) 52.204 7012 implementing NIST 800-171 controls did not represent an end of the requirement. Rather, it marks the beginning of an ongoing obligation to have "adequate security" that needs to evolve over time to respond to changing threat conditions and increasingly higher Department of Defense (DoD) expectations. Please join Deloitte and Robert S. Metzger of Rogers Joseph O'Donnell (RJO) for a webinar to discuss important new developments that companies should consider to comply with DoD cyber demands and remain competitive. Topics we will discuss include:

  • Current cyber threat environment
  • DoD's "deliverable uncompromised" initiative and potential changes to regulations
  • Coming assessments and the new NIST SP 80-171A

 

Will new rules on leases lead to losses?

Complying with the new lease accounting standard has put a strain on many companies. For companies with contracts with the US Government, there is the added challenge of potentially changing the recoverability of previously allowable costs. Please join Mark Burroughs and Stephen McKinney of Deloitte for a webinar to discuss areas that companies should consider as they prepare for these new lease accounting standards. Topics we will discuss include:

  • Overview of new lease accounting standards
  • Finance vs. operating leases
  • Cost allowability considerations

 

Expressly unallowable costs—a definition or an expression?

Determining whether a cost is allowable, unallowable or "expressly unallowable" is a major area of risk for government contractors. For example, the definition of an expressly unallowable cost has been subject to differing interpretations and judgements. Recent attempts to providing guidance in the interpretation and judicial rulings on the matter have not offered much clarity. Please join Deloitte for a webinar to discuss areas that companies should consider as they prepare to self-certify their costs.

 

It’s time to check the checklist before DFARS Cyber Certification

As the long awaited DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting self-certification approaches at the end of December, we thought it would be a good time to discuss some potential pitfalls in the requirements so that companies can take steps to ensure they are not caught off guard. Please join Deloitte and Mr. Phillip Seckman of Dentons for a webinar to discuss areas that companies should consider as they prepare to self-certify. Topics we will discuss include:

  • Identifying and communicating regarding Covered Defense Information
  • Achieving adequate security for covered contractor information systems
  • Dealing with subcontractors/partners
  • Cyber incident reporting

 

Looking at the tea leaves in DCAA audit issues

It’s always interesting when you start to see some trends in issues that the Defense Contract Audit Agency (DCAA) is raising. We thought it might be a good time to take a step back and look at some of these issues and provide some insight. Please join Deloitte for a webinar to discuss potential trends in audit issues and how they may impact contractors. Topics we will discuss include:

  • Consulting costs
  • Compensation and bonus payments
  • Idle facilities

 

Let’s get back to the basics

Recent cases have highlighted some basic issues related to regulations impacting companies performing contracts with the US government. It is important that contractors consider these cases when dealing with their regulators. Please join Deloitte and Mr. Steven Masiello of Dentons for a webinar to discuss these cases and how they may impact contractors. Topics we will discuss include:

  • CAS vs FAR
  • FAR clauses vs administrative guidance
  • Ways to deal with regulators

 

Let's not forget about the Section 809 Panel. What's going on there?

In case you forgot, the Section 809 Panel—created in section 809 of the FY 2016 National Defense Authorization Act (NDAA) and amended by section 863(d) of the NDAA for FY 2017—is tasked with finding ways to streamline and improve the defense acquisition process. The panel has two years to develop recommendations for changes in the regulation and associated statute to achieve those ends. It is critical that companies be aware of these activities and participate in the discussion. Please join Deloitte and Mr. John Panetta of Raytheon for a webinar to discuss the activities of the panel and how they may impact contractors and the acquisition process. Topics we will discuss include:

  • Makeup of the panel
  • Ongoing activities of the panel
  • Considerations going forward

 

Government contracts on the hill: Lots of activity, where does it stand

In case you haven’t heard, the government contracting industry is experiencing quite a bit of congressional activity in contract cost accounting for Government Contractors and oversight by Defense Contract Audit Agency (DCAA) and others. It is critical that companies be aware of these activities and participate in the discussion. Please join Deloitte and the Professional Services Council for a webinar to discuss the legislation and regulations and how they may impact contractors and the cost accounting practices. Topics we will discuss include language in the 2017 National Defense Authorization Act related to:

  • Reforms to the Cost Accounting Standards Board
  • Creating a new Defense Cost Accounting Standards Board
  • Third-Party audits
  • Activities regarding the DCAA

 

Government contract M&A: What you don’t know may hurt you

Whether you are looking to acquire a company or sell all or a portion of your company, please join Deloitte and Venable for an upcoming webinar on merger and acquisition issues faced by companies in the government contracts space. Our panel will discuss the myriad of issues that buyers and sellers must consider as part of the M&A process. Topics that the panel will discuss include:

  • The structural issues of a deal and related timing
  • Due diligence; potential subcontract arrangements needed with the seller
  • Legal compliance considerations; reps and certs; intellectual property and, other issues.

 

False Claims Act: Where we are now and what’s ahead

Our March webinar will feature an update on trends in False Claims Act (FCA) enforcement and insights into how the new administration may impact FCA matters going forward. Guest speaker Peter Hutt, partner at Covington & Burling, LLP, will join our host Mark Burroughs. Topics discussed will include:

  • Recent FCA enforcement statistics
  • Update on impact of Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (US) since the Supreme Court decision
  • Possible effects of the new administration on FCA enforcement

 

Human trafficking and the FAR, can I certify?

The changing global legislative and regulatory landscape is compelling companies to approach the risk of human rights and human trafficking in a more intentional manner than ever before. Leading companies are implementing compliance programs to more effectively manage human rights concerns in complex supply chains and hedge against brand and operational risks.
During this webinar, we will review expanding regulatory developments in the United States and abroad, including the US FAR: Ending Trafficking in Persons and explore the elements of an effective anti-human trafficking compliance program.

Join Mark, Kristen, and Michael as they discuss emerging anti-human trafficking compliance requirements and the impact on companies, including government contractors going forward. Topics will include:

  • Anti-human trafficking legislative and regulatory landscape
  • Implementation of anti-human trafficking program
  • Leveraging other responsible souring programs
  • Considerations going forward

 

Materiality, it is material! A review of Raytheon Co., Space & Airborne Sys., ASBCA No. 58068

Please join us as we kick off the New Year to discuss "What is material?" This is an ongoing frustration to government contractors dealing with audit issues. In a case of first impression, the Armed Services Board of Contract Appeals (ASBCA) recently held that a contracting officer failed to consider the materiality criteria in the CAS regulations at 48 C.F.R. § 9903.305, rendering the government claim invalid. Raytheon Co., Space & Airborne Sys., ASBCA No. 58068, 16-1 BCA (Aug. 9, 2016). This will likely impact ongoing audits and findings related to CAS and potentially other issues that rely on materiality.

Join Mark and Paul as they discuss the decision and the impact on CAS determinations going forward. Topics include:

  • Definition of materiality
  • Potential opening of offsets
  • Impact on existing issues
  • Considerations going forward

 

Changes in IR&D regulations, the trend continues

The recovery of Independent Research & Development (IR&D) costs continue to come under increased scrutiny. Rules related to reporting IR&D and more recent requirements for “technical interchanges” with appropriate Department of Defense (DoD) personnel before incurring costs related to IR&D projects as well as additional proposed rules raise concern regarding the treatment of IR&D going forward.
Join Mark and Tom as they discuss the recent final and proposed rules and the impact to companies going forward. Topics include:

  • Background on treatment of IR&D
  • Recent rule changes
  • Proposed rule changes
  • Trends going forward

 

Vote for your favorite business system, DCAA is back on them again!

The DCAA has caught up on incurred cost audits. This allows the DCAA to refocus on business system audits. In recent years, the federal government has been highly focused on government contractors and their compliance with the Defense Federal Acquisition Regulation Supplement (DFARS) business systems. Under pressure to improve audit quality, it seems that the DCAA and the Defense Contract Management Agency (DCMA) have taken a more aggressive and comprehensive approach to its auditing of defense contractors. How should contractors address strategic organizational compliance risks associated with DCAA and DCMA internal controls audits? Topics include:

  • A refresher on defense department rules for business systems and potential implications for your organization
  • Challenges that government contractors face and effective ways to work with the DCAA and DCMA if one of your systems has a significant deficiency
  • How contractors are responding, including implementing audit readiness assessments and compliance improvement initiatives

 

Happy new (fiscal) year! A look ahead to the likely Cost Accounting Compliance issues for the new year

As we enter the new fiscal year, it’s a good time to take a step back and look at the cost accounting compliance issues that we likely face in the coming year. Join Mark as he discusses trends in DCAA audit guidance and other changes in regulations. Topics include:

  • DCAA back to performing non-DoD work
  • Goals in the DCAA report to Congress
  • Mergers/restructuring
  • Subcontractor oversight
  • New Department of Labor requirements

 

Surviving in a litigious government contracting environment

As the government contracting environment becomes more litigious, it is critical that companies prepare themselves for potential litigation. Join Mark Burroughs and Paul Debolt as they discuss strategies for managing and mitigating litigation risk.

 

Safeguarding covered defense information: An update on the "7th" system

"Safeguarding covered defense information: An update on the ‘7th’ system” will focus on identifying, categorizing, and safeguarding covered defense information (DFARS 253.204-7012). We will discuss what a company should consider in meeting the December 30, 2017, deadline. Topics include:

  • Driving compliant cyber behavior into your organization
  • Integrating the requirement into your existing governance and risk framework
  • How organization and process drive technology investment

 

Conditions of payment: Supreme court ruling on “implied certification” to determine False Claims Act scope

Our inaugural webinar where we will discusses the much-anticipated US supreme court case Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (US). The outcome will likely determine the scope of the federal False Claims Act's "implied certification" theory of liability. The court's ruling is poised to vastly expand the scope of False Claims Act liability, further increasing the risk of government contracting and the need to focus on international controls and risk mitigation strategies.

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