December 08, 2020 Public Contract Law

2020 Public Procurement Symposium

Wednesday, November 18 - Friday, November 20, 2020

Learn the latest in government procurement issues from our industry leaders

Learn the latest in government procurement issues from our industry leaders

Details on how to access on-demand sessions

If you previously purchased an individual session or meeting package, links to those on-demand recordings 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

Now On-Demand: Cyber-Related Disaster

Practicum: Identifying & Responding to a Cyber-Related Disaster (CLE)

Increasing cyber threats to our infrastructure and other targets threaten our national security and safety. Government contractors are now required to quickly report on actual or suspected cyber incidents, to engage in the preservation of data, and to work with Government officials to mitigate such events. In this practicum, we present four professionals who have been at the table for real & simulated cyber-related events affecting national security, electrical power infrastructure, government operations, finance and transportation. Using our simulated cyber disaster exercise, we will walk you through what you need to know:

  •  Identifying and assessing the incident with imperfect information.
  • Initial communications to potentially affected entities.
  • Prioritizing continuity of operations.
  • Inter-agency and cross-jurisdictional coordination.
  •  Debriefing, lessons learned and the importance of preparedness.
  • The role of lawyers in this process.

Moderator

  •  Megan BrownPartner, Wiley, Washington, DC

Panel

  • Brendan ConlonDirector — Cyber Security, Martin Defense Group, Honolulu HI
  • Jeff JonesManager — Cyber Threat Intelligence E-ISAC at North American Electric Reliability Corporation (NERC), Washington, DC
  • Brian LevineManaging Director, Ernst & Young, McLean, VA
  •  Elizabeth WhartonChief of Staff, SCYTHE, Laurel, MD

Earn your on-demand CLE

Now On-Demand: COVID-19 Impact on Federal Contracting

The Impact of COVID-19 on Federal Contracting, Where We Are Today & Where We Are Going

A panel presentation & discussion of Families First Coronavirus Response Act ("FFCRA") and Coronavirus Aid, Relief, and Economic Security Act ("CARES") provisions and other key COVID-19 legal provisions that are most relevant to federal contractors. The panel will explore the various legal, contractual, and oversight implications of these key statutes as well as major emerging issues.

The panel will address:

  • The relevant provisions of FFCRA & CARES Acts for federal contractors.
  •  Employment/ paid leave considerations.
  •  Existing case law and regulations that may impact contractor profitability during the recovery phase.
  • The current and prospective oversight environment for contractors who avail themselves of these provisions.
  •  Recent developments or government promulgations that are relevant.
  • Risk mitigation measures to enhance government contract compliance.

Panel

  • Christopher Bouquet, The Law Office of Christopher C. Bouquet, PLLC, Alexandria, VA
  • Michelle DiCintioShareholder, Odin Feldman, Pittleman PC, Reston, VA
  • Peter HermanPolicy Incurred Cost Division, Defense Contract Audit Agency, Fort Belvoir, VA
  • Craig StetsonPartner, Capital Edge Consulting, Tysons Corner, VA

Earn your on-demand CLE

Now On-Demand: Enforcement After Disasters

Enforcement Issues After Disasters

A collection of current and former government officials with experience prosecuting and defending investigations and enforcement matters after disasters will address enforcement responses and the relationship to recent and ongoing disaster responses by local, state, and federal governments.

The panel will address:

  • How federal & state enforcement matters arise following disasters.
  • Why contracting & enforcement after a disaster are not business-as-usual and require specific attention.
  • What to expect from enforcement officials after disasters.
  • Best practices for responding to enforcement inquiries.

Panel

  • David RobbinsPartner, Jenner & Block, Washington, DC
  • Rebecca Monck RiciglianoPartner, Crowell & Moring LLP, New York, NY
  • Jennifer WardSuspension & Debarment Director, FEMA Office of Chief Counsel, Washington, DC

Earn your on-demand CLE

Now On-Demand: Countermeasures & Stockpiling

State & Federal Biohazard Contracting: Developing Countermeasures & Stockpiling

This panel with over 40 years of experience in local, state, and federal government contracting related preparation and response to bioterrorism and chemical, biological, radiological, and nuclear (CBRN) threats will discuss their experience in contracting in the state and federal biohazard arena.

Panelists will address the following:

  • The role of the Federal Government in the development and acquisition of medical countermeasures against CBRN threats.
  • Best practices in submitting a proposal response for an advance development and procurement contract for the medical countermeasure procurement.
  • State, county, local ethics and purchasing limitations and budget timetables.
  • Acquisition vehicles and fiscal limitations involved with medical biohazard countermeasure procurement.

Moderator

  • Alan M. ApplePartner, Ward & Berry, PLLC, Austin, TX

Panel

  • David M. LaddOwner/ Principal, Blackthorne Services Group LLC, Boston, MA
  • Adey PierceDirector, Industry Specialty Services — Biodefense & Government Contracts, BDO USA LLP, Washington, DC
  • Matthew Rose, General Services Administration, Washington, DC

Earn your on-demand CLE

Now On-Demand: Energy Performance

Conserving Public Resources — How Energy Performance Contracting and Other Efficiency and Conservation Programs Can Help Combat Energy Change

As discussed throughout this conference, change is affecting all aspects of public contracting and our daily lives. Climate change and how we use energy is another aspect of the changes government and individuals are dealing with in their operations and everyday life. This session will explore local, state and federal government programs (including state loan programs) and contracting approaches for future energy management and conservation efforts at all levels of government in the U.S.

Specifically, the panelists, who have worked on procurements and funding programs for energy performance solutions, construction and building retrofit projects (including financing efforts), public contracts and energy conservation programs, will address:

  • Federal procurement & contracting approaches for energy management, efficiency and energy resilience.
  • State, county & local government programs and procurement approaches for energy performance solutions and retrofit projects.
  • State & local approaches to addressing climate change, for example Texas and other state clean water and drinking water revolving loan fund programs.
  • Typical contracting and compliance issues (including certifications, contract flowdowns, and other impacts) arising in the above procurements and funding programs. Yes, the Davis-Bacon Act is involved, among other statutes.

Moderator

  • Cheryl BurtzelPartner, Spencer Fare LLC, Austin, TX

Panel

  • Peter ChorynakSenior Director — Solutions (Energy & Infrastructure), Siemens Government Technologies, Inc., Waltham, VT
  • Eddy Trevino, P.E., Director State Energy Conservation Office, Texas Comptroller of Public Accounts, Austin, TX
  • Lauren OlmstedAssociate, Faegre Drinker Biddle & Reath LLP, Washington, DC

Earn your on-demand CLE

Keynotes

David Silverman

David Silverman

Founder & CEO CrossLead Inc. and co-author of New York Times best-selling leadership & management book, Team of Teams: New Rules of Engagement for a Complex World

Creating Agile & Adaptive Teams in Complex Environments

Nathan Picarsic and Emily de La Bruyére

Nathan Picarsic and Emily de La Bruyére

Co-founders of Horizon Advisory & Senior Fellows at the Foundation for Defense of Democracies

China's Military-Civil Fusion Strategy & Supply China Implications

Recent US government actions highlight supply chain threats associated with Chinese commercial actors' support of the Chinese Communist Party and its military via a strategy of military-civil fusion. What is military-civil fusion? How is this strategy conceptualized by Chinese government and commercial actors? What are the mechanisms by which military-civil fusion is operationalized? The subject presentation will address these definitional questions and offer concrete examples of supply chain risks and enforcement considerations.

Presentation Slides: China's Military-Civil Fusion Strategy & Supply Chain Implications