September 03, 2020 Public Contract Law

2020 PCL Annual Meeting On-Demand Webinars

Don't miss our 2020 Public Contract Law annual meeting webinars

Don't miss our 2020 Public Contract Law annual meeting webinars

Details on how to access on-demand sessions

All on-demand webinars are now available. If you have already purchased the Annual Meeting package or individual sessions, links can be found in the confirmation emails sent by the ABA service center, or by accessing your Order History in your My ABA Dashboard.  

Find step-by-step instructions on how to access your on-demand sessions.

On-Demand: Audits & Debarments

Increased Audits & Debarments in Prevailing Wage Contracts — Now What?

In 2019, the Department of Labor's Wage and Hour Division reported a record-breaking year in back wage findings. This has included an increased attention on federal contractors' compliance with prevailing wage requirements. Additionally, a number of changes to the labor laws and regulations has made compliance more complicated.

This panel will feature a discussion on the labor laws and regulations impacting the government contracting community and what the changes mean for contractors and their corporate culture, how contractors can prepare themselves for and protect themselves from audits, and best practices to ensure on-going compliance in an ever-changing environment. The panel will include unique perspectives from private law, in-house, and advisory experts.

Panel

  • Timothy Helm, Managing Director, BDO USA LLP, McLean, VA
  • Peter Johnsen, Vice President & Assistant General Counsel, Amentum, Germantown, MD
  • Leslie A. Stout-Tabackman, Principal, Jackson Lewis P.C., Washington, DC

Earn your on-demand CLE!

On-Demand: Commercial Item Contracting

The Strange New World of Commercial Item Contracting

As the world of commercial item contracting continues to evolve, contractors are facing changes to their sales platforms, growing operational considerations, and increased hurdles to compliance.

This panel — with unique perspectives from private practice, in-house, industry, and GSA — will discuss the current environment of commercial item contracting, focusing on:

  1. GSA schedule consolidation — where it stands and what happens next
  2. developments in the e-commerce initiative
  3. Section 889 supply chain restrictions & the impact to commercial item contractors
  4. the impact of the Federal Circuit's Acetris decision on Trade Agreement Act issues
  5. best practices for contractors and their counsel to navigate this ever changing landscape.

Moderator

  • Jason N. Workmaster, Member, Miller & Chevalier Chartered, Washington, DC

Panel

  • Lorraine M. Campos, Partner, Crowell & Moring LLP, Washington, DC
  • Stephanie Shutt, Director, MAS PMO, U.S. General Services Administration, Washington, DC
  • Keil Todd, Program Manager, Commercial Platforms Initiative, U.S. General Services Administration, Washington, DC

Earn your on-demand CLE!

On-Demand: Bid Protest

Vote Tucker/ CICA 2020! An Election Season Debate About All Things Protest

First there was Lincoln-Douglas; then Shapley-Curtis. Now, prepare for the most important debate of the 2020 election season: The Great Bid Protest Debate. Be part of the live studio audience as our “candidates” debate all things protest. From choice of forum decisions to how to best navigate procedural pitfalls, from identifying winning arguments to defending a contract award, from case management to client management… these contenders will share insights and highlight success with the interested party electorate.

The nominees also will reveal their visions for the future of bid protests, debating various reforms and potential improvements to the process. During the town hall portion of the program, audience engagement will take center stage as our entrants respond to the protest concerns that keep Americans up at night. If you pay attention to one debate this election season, sustain this one!

Debate Co-Moderators

  • Brian Walsh, Partner, Wiley Rein LLP, Washington, DC
  • Carla Weiss, Special Counsel, Jenner & Block LLP, Washington, DC

"Candidates"

  • Scott Flesch, Chief Trial Attorney, U.S. Army, Fort Belvoir, VA
  • Sharon Larkin, Partner, The Larkin Law Group LLP, Washington, DC
  • Marcia Madsen, Partner, Mayer Brown LLP, Washington, DC
  • Doug Mickle, Assistant Director — Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC
  • Stuart Nibley, Partner, K&L Gates LLP, Washington, DC
  • Charlene Storino, Acting Assistant General Counsel for Procurement Operations, Office of the General Counsel, Department of Homeland Security, Washington, DC

Earn your on-demand CLE!

On-Demand: Government Contracting

Interesting Times: Government Contracting in a Rapidly Changing Global Trade Environment

U.S. laws, regulations, and policies at the intersection of global trade and national security are expanding their reach and impacting a larger number of contractors. This expansion, coupled with rapid and sometimes unexpected changes in policy and requirements, has made it difficult to achieve full and consistent compliance with all applicable rules, complicated business operations, and created instability in the marketplace.

This panel will provide insights on avoiding the perils and pitfalls that arise due to the confluence of rules concerning foreign and domestic sourcing, supply chain issues, export controls, imports and tariffs, emerging and fundamental technologies, OFAC sanctions, and CFIUS requirements. The panel will consist of seasoned practitioners with law firm, in-house, and government experience.

Panel

  • Marynell DeVaughn, Of Counsel, Foley & Lardner, LLP, Washington, DC
  • Monica Lopez Reinmiller, Managing Counsel — Legal Affairs & Compliance, T-Mobile, Bellevue, WA
  • Guy C. Smith, Partner, Stinson LLP, Minneapolis, MN

Earn your on-demand CLE!

On-Demand: Construction Projects

Technological Advances & the Resulting Risks, Challenges & Impacts on Construction Projects

This panel will discuss the use of new technologies, including 3D printing, unmanned aircraft systems (drones), and cell phone/ GPS tracking of personnel on construction projects. Such advances reduce the risk of injury to personnel, assist in accurately documenting site conditions, and result in cost savings. However, construction counsel should also be aware of the legal implications/ risks/ challenges posed by this new technology. This panel will address those concerns as well as ways to integrate these new technologies into future projects.

Moderator

  • Grant Guilliot, Partner, Adams & Reese, LLP; Host of weekly MarketScale podcast, "Drones in America," Baton Rouge, LA

Panel

  • Josh Leavitt, Principal, Much Shelist PC, Chicago, IL
  • Sang-yul Lee, Partner, K&L Gates LLP, Chicago, IL
  • Richard Lopez, VDC Manager, Hensel Phelps, Denver CO

Earn your on-demand CLE!

Special thanks to our Construction Program Sponsors

Construction Program Sponsors

Construction Program Sponsors

On-Demand: OT Consortia

The Traditional Method of Nontraditional Contracting: An Exploration into the Mysterious World of OT Consortia

Agencies' use of other transaction authority has increased exponentially over the past several years with the majority of OT obligations flowing through consortia. An OT consortium is a group of traditional and nontraditional government contractors working together around a specific technological area. But who are the main players? And why is this approach so popular?

Our in-the-loop panelists will introduce the consortium concept and delve into how these OT agreements with consortia are structured, contemplate the pain points and the efficiencies of the consortium middle man, discuss how disputes are resolved and prognosticate about the OT/ consortia landscape over the next several years.

Moderator

  • Aaron Boyd, Senior Editor, Nextgov, Washington, DC

Panel

  • Timothy DiNapoli, Director — Contracting and National Security Acquisitions, U.S. Government Accountability Office, Washington, DC
  • Robert J. Brady Jr., Program Attorney — Space & Missile Systems Center, Department of the Air Force, Los Angeles AFB, CA
  • Mica R. Dolan, Senior Vice President — Contracts & Procurement, Advanced Technology International, Summerville, SC
  • Jerzy Piatkowski, Vice President of Contracts and Associate General Counsel, General Dynamics Mission Systems, Scottsdale, AZ
  • Denise C. Scott, Chief Counsel, Legal Office, Combat Capabilities Development Command, Armaments Center Picatinny Arsenal, NJ

Earn your on-demand CLE

On-Demand: Cybersecurity

Are Your Networks Ready to be Certified? Implementation of DoD's Cybersecurity Maturity Model Certification (CMMC)

The Department of Defense (DoD) is preparing to deploy the new Cybersecurity Maturity Model Certification (CMMC) framework to enable it and various stakeholders to assess and enhance the cybersecurity posture of the Defense Industrial Base (DIB). DoD intends for the CMMC to serve as a verification mechanism to ensure appropriate levels of cybersecurity practices and processes are in place to ensure cyber hygiene as well as to protect DoD's information that resides on DIB partners' networks.

This Panel will address the scope and implementation issues associated with the CMMC's requirement that all contractors and subcontractors supplying goods and services to DoD must have their networks certified at certain levels. Key issues for discussion will include:

  1. The cybersecurity threat landscape that led to the CMMC
  2. The requirements and framework of the CMMC
  3. Technical and practical effects on the DIB
  4. Potential legal risks for DIB participants

Panel

  • Katie Arrington, Special Assistant to the Assistant Secretary of Defense for Acquisition ASD(A) for Cyber, Washington, DC
  • Ashden Fein, Partner, Covington & Burling, Washington DC
  • Maureen Kelly, Assistant General Counsel & Corporate Director, Northrop Grumman Corp., Falls Church, VA

Earn your on-demand CLE

CLE

The ABA will seek 10.5 hrs CLE credit in 60-minute states, and 12.6 hrs CLE in 50-minute states. Each individual session will qualify for 1.5 hrs CLE credit in 60-minutes states, and 1.8 hrs CLE in 50-minute states. Credit hours are estimated and are subject to each state's approval and credit rounding rules. For general information, visit the ABA CLE page.

The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, CT, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, ME, MN, MS, MO, MP, MT, NH, NJ, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states.

The ABA does not generally seek direct accreditation of live webinars and teleconferences in FL, ID, NE, RI, and WY. However, some programs are available in these states. Additionally, some states allow attorneys to earn credit through reciprocity or self-submission. Please see the webinar or teleconference’s program description page for details on the amount of credit requested and known accreditation exceptions, such as states where we are not seeking credit or denials by specific states.

For more information about CLE accreditation in your state, contact please contact Sean Dickerson.