General Counsel Business Growth Associates
Kenneth J. Allen is general counsel for Business Growth Associates. He practiced law for the federal Government for over 32 years, mostly in contracting and fiscal law. His assignments while in Government included Defense and Army information systems commands, medical research and materiel commands, and the Defense Business Management University, where he served as a legal advisor on fiscal law, as well as on fiscal law training and syllabi requirements. For the past fifteen years, Ken has also taught in the Government and private sector, and has authored over thirty course manuals on several subjects including Government contracting, federal appropriations and fiscal law, contract interpretation, federal grant practice, trial advocacy, and leadership and management. Ken is the author of the West Publishing Company books, How to Read a Government Contract, A Manual on Contract Interpretation for Acquisition Professionals and Federal Grant Practice.
President Allen Federal Business Partners
Larry Allen is president of Allen Federal Business Partners. He has over 20 years’ experience in GSA and VA schedule contracting. He has represented hundreds of companies on schedule issues, including over 95% of the top 25 schedule contract holders. Larry served as President of the Coalition for Government Procurement, the leading association of GSA and VA contractors, working with leaders in and out of Government to shape today’s schedule rules and regulations. He served on the MAS Advisory Panel that made several key recommendations to keeping schedule contracts updated and reasonable to manage. Larry is the primary author of “Secrets of Schedule Sales Success” and a contributing author to “Multiple Award Schedule Contracting.” He currently works with several major federal contractors on their GSA and other Government business.
Partner Sheppard Mullin Richter & Hampton, LLP
Jonathan S. Aronie is the co-Managing Partner of Sheppard Mullin’s Washington, D.C. office and a partner in the Government Contracts, Investigations & International Trade Practice Group. Mr. Aronie counsels and represents large and small clients in some of the country’s largest and most prominent classified and unclassified Government contracts matters, including bid protests, claims, self-disclosures, internal investigations, and DOJ investigations. Mr. Aronie has authored more than 60 articles and co-authored what is regarded by many as the leading treatise on the GSA Multiple Award Schedule Program, published by ThompsonWest. He also is a regular speaker at national and international forums and CLE programs. He is an active member of the Public Contracts section of the ABA, and recently served on the ABA Task Force charged with drafting formal guidance regarding the FAR Mandatory Disclosure Rule.
Managing Director KPMG LLP
Paul Bailey is a Managing Director at KPMG LLP. He has over 23 years of experience in federal contracting having worked in both industry and public accounting. He regularly consults with C-Suite management on the results of complex projects, risk management matters, regulatory matters, and special investigations. He has worked with companies on strategic business advisory projects, including facilitating and developing strategic plans, enterprise-wide risk assessments, mergers and acquisitions, due diligence matters, training programs and other general business advisory assignments. Paul assesses company compliance with FAR, CAS, OMB Circulars and contract terms and conditions. He develops responses and corrective actions to DCAA and other agency audits, and assists legal counsel in Government contract litigation involving labor charging, defective pricing, CAS and FAR non-compliances, contract terminations and claims. Paul provides practical advice and industry insight having lead accounting departments for Government contractors within both the environmental services and defense manufacturing industries. He has published several articles on GSA Federal Supply Schedules, IFRS and aerospace and defense issues.
Associate at McKenna Long & Aldridge
Tyson Bareis is an associate at McKenna Long & Aldridge in the firm’s Denver office. Mr. Bareis provides counseling to clients concerning all aspects of the contract formation, administration, and disputes process. He has substantial experience developing and reviewing corporate compliance systems and guiding client through the government audit process. Other areas of special focus include contract formation and negotiation, cost and pricing issues, export control regulations, intellectual property issues, and the Freedom of Information Act.
Counsel Buchanan Ingersoll & Rooney, PC
Rodney L. Benson has more than 35 years as a Government senior executive and highly-experienced Government contracts attorney with a distinguished career of federal Government service. He has been acknowledged for his exceptional ability to counsel staff and clients on complex legal matters, as well as possesses extensive experience in defending federal agencies in protests and disputes, with a remarkable record of success. Through Rodney’s 30+ years of combined experience as the director of Acquisitions and Grants Management for the Centers for Medicare and Medicaid Services (CMS) and as a senior attorney in the Department of Health and Human Services Office of the General Counsel representing CMS, he has developed considerable expertise in the field of federal acquisition. He has also acquired extensive knowledge of CMS’s programs and organization. He is familiar with the issues and challenges confronting the agency. He has experience with all contracts that are subject to the Federal Acquisition Regulations (FAR).
Associate McKenna Long & Aldridge
Ivan Bilaniuk is an associate in McKenna Long & Aldridge’s international practice group. Ivan engages in international arbitration and complex civil litigation covering a broad range of commercial contract and Government contractor disputes. As part of his international practice, Ivan also counsels US companies on compliance with the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), sanctions administered by the Office of Foreign Assets Control (OFAC) of the US Treasury Department, and the Foreign Corrupt Practices Act (FCPA). Ivan also conducts internal investigations for clients concerning potential violations of these regulations and statutes. He holds a Secret Security Clearance from the US Department of Defense and Suitability Determinations from the Department of Homeland Security and Transportation Security Administration.
CEO & Managing Director Capital Edge Consulting, Inc.
Chad Braley is the CEO and Managing Director of Capital Edge Consulting, Inc., in the firm’s Reston, VA office. Mr. Braley’s area of expertise includes the CAS, Federal Acquisition Regulations (FAR), agency supplement regulations, Truth in Negotiations Act, Government accounting requirements, Earned Value Management (EVM), Material Management & Accounting Systems (MMAS), DCAA audit and regulatory non-compliance support, business systems, ICAPs, ERP systems, risk mitigation. Mr. Braley has successfully supported clients in developing and implementing compliance controls, policies, processes, and procedures to successfully mitigate the risk of regulatory noncompliance and has assisted over 75 companies in successfully completing Government audits. Mr. Braley has extensive experience in the Cost Accounting Standards and has successfully supported companies in developing their CAS Disclosure Statements, changing cost accounting practices, developing cost impact statements, and defending allegations of noncompliance.
Partner, Cherry Bekaert LLP
Ken is a Partner at Cherry Bekaert. He has worked in the Government-contracting and acquisitions arena since 1975. He has private sector experience as a Vice President of Finance and Chief Financial Officer of a Government contractor, as well as Government experience as a Senior Auditor for the Defense Contract Audit Agency. He has extensive knowledge of the Federal Acquisition Regulations (FAR) and the Cost Accounting Standards (CAS). Ken frequently assists clients with regulatory issues such as systems reviews (accounting, estimating, purchasing, billing), bids and proposals, rate structure development, forward pricing, wage determinations, claims (equitable adjustment, delay, termination), defective pricing, and incurred cost submissions.
Partner Dixon Hughes Goodman LLP
Mark Burroughs joined the Dixon Hughes Goodman Government Contracting Consulting Group as a partner in the DC Metro region in 2013. Mark has over 20 years of experience in providing auditing and consulting services to Government contractors. Mark’s recent activities include helping companies comply with the business system criteria established by the Department of Defense and working through complex cost accounting issues to maximize the benefits associated DCAA audits, The Federal Acquisition Regulation (FAR) and the Cost Accounting Standards (CAS). Prior to joining Dixon Hughes Goodman, Mark was a Director in the Deloitte Financial Advisory Services, LLP responsible for performing services for a wide range of Government contractors and non-profit entities. Mark has broad experience in helping companies respond to audit findings, including improving cost submissions and other responses to meet the expectations of the Defense Contract Audit Agency (DCAA), where Mark was a Senior Auditor previous to his time at Deloitte.
Associate at McKenna Long & Aldridge
Keith Byers is an associate at McKenna Long & Aldridge’s Los Angeles Office. Mr. Byers’ government contract financial practice focuses on counseling clients facing Defense Contract Audit Agency (DCAA) and cost and accounting issues. He routinely works with clients to develop responses and defenses to onerous DCAA audits, cost disallowances and unfavorable accounting and internal controls systems determinations. His DCAA and cost and accounting experience includes counseling and defending government contractors facing allegations of fraud or related misconduct. In addition to these financial focus areas, Mr. Byers also has significant experience in the areas, Mr. Byers also has significant experience in the areas of claims and disputes, state and federal bid protests, False Claims Act (FCA) violations, Truth in Negotiations Act (TINA) violations, state procurement, organizational conflicts of interest (OCI), compliance and mandatory disclosures, overseas reconstruction contracts, domestic construction and security clearances.
Mr. Byrd is a Managing Director with BRG in Washington, D.C. and provides consulting services in the field of government contract accounting, administration, and compliance. He has experience providing consulting, financial advisory, and audit services to companies and organizations that range from middle market to the Fortune 100. Mr. Byrd has in-depth experience with the Federal Acquisition Regulation (“FAR”), the Cost Accounting Standards (“CAS”), Office of Management and Budget (“OMB”) Circulars and other Federal government procurement regulations. His expertise includes working with companies in a variety of industries, including professional services, aerospace, defense, manufacturing, information technology, telecommunications, biotech, higher education, health insurance and not-for-profit organizations, all of whom receive Federal funds. He has advised numerous commercial companies how to adapt practices to conform to the unique government contracting regulated environment. Mr. Byrd has experience with all forms of government contract acquisition matters, from competitive procurements to commercial item exemptions. He assists throughout the entire life cycle of government contracts, as well as providing expert advice on a myriad of complex government contract accounting and contract administration related matters.
Dave has over 33 years of experience in Government contracting, at both the working level and as a Senior Executive for the Department of Defense (DoD) and Department of Homeland Security (DHS), including five years with the DHS Office of the Chief Procurement Officer, nine years with the Director, Defense Procurement and Acquisition Policy (DPAP), and eighteen years with DCAA. During his tenures at DHS and DPAP, he served as the Department’s chief price analyst, providing expert pricing consultation to senior management and contracting personnel, and delivering training in contract pricing matters to Government contracting personnel. With DCAA, he worked in a variety of positions, including field auditor, comprehensive labor team auditor, supervisory auditor, and Headquarters program manager. Dave holds a B.A. in accounting from Virginia Tech and an MBA from George Mason, and was previously a licensed CPA in Virginia for 32 years, currently electing to not maintain or hold a CPA license or use the CPA title. He also spent ten years as an adjunct professor of accounting, including five years teaching at the University of Virginia, where he taught cost/price analysis, Principles of Accounting, and Intermediate Accounting. Since his retirement from the Government in August of 2012, he has worked as an independent contractor, which includes teaching at PCI, and providing expert cost accounting/contracting consultation to both the Government and private industry.
President Capitano Consulting
Ki Capitano is a consultant with Capitano Consulting providing consultation, advice, assistance, and training on Government contract financial and other regulatory compliance matters. Ki began his career in Government contracting in 1976, working as a contract auditor for the Defense Contract Audit Agency (DCAA). While with the DCAA, he performed a full range of contract audits of Government contractors and contract audit functions. He worked as an instructor at DCAA’s contract audit institute in Memphis, TN designing, developing, and delivering training courses to DCAA auditors and managers in both technical and managerial subjects, as well as supporting briefings to industry and other Government agencies, and worked at DCAA headquarters as program manager, responsible for a variety of audit initiatives. Ki also worked for KPMG Peat Marwick as a manager responsible for designing, developing, and delivering training courses and providing expert advice to clients regarding Government contract regulatory compliance issues in a wide variety of areas.
Partner McKenna Long & Aldridge
Jay Carey has counseled clients on all aspects of federal, state and local Government procurement and grant law, including ethics requirements, GSA schedule contracting requirements, the Buy American and Trade Agreements Acts, cost and pricing data requirements, and other contract administration issues. As part of his counseling practice, Jay regularly advises clients regarding strategies for protecting and preserving intellectual property rights when entering into and performing contracts, grants, and Cooperative Research and Development Agreements (CRADAs) with the federal Government. He has provided counseling on intellectual property issues to numerous biotechnology firms entering the Government marketplace, as well as other high-technology clients. Mr. Carey also advises clients on compliance with the Foreign Corrupt Practices Act (FCPA) and export control laws and regulations. Jay regularly represents Government contractors in bid protests before the Government Accountability Office and the Court of Federal Claims. He has prosecuted and defended dozens of bid protests involving defense, biotechnology, telecommunications, information technology, and healthcare procurements, among others.
Managing Director Capital Edge Consulting
Terry A. Carlson is a Managing Director of Capital Edge Consulting in Reston, VA. He advises clients on the application and interpretation of rules, regulations, guidelines, and cost accounting standards applicable to Government contractors. Mr. Carlson also provides advice on the development and deployment of strategic and tactical systems to assist contractors to successfully perform the functions of program management, risk management, and contract administration at program and corporate levels. After working for two of the “Big 4″ accounting firms, Terry established his own firm that provided consulting services to the contracting community for more than 20 years. He has also served as a professor of Financial Management at the Defense Systems Management College and as an assistant professor of accounting at Villanova University where he taught courses in accounting and management information systems.
Senior Procurement Law Attorney
Louis A. Chiarella is an attorney in the Washington, D.C. area with 20 years of experience specializing in all aspects of Government contracting. In addition to his current position, Mr. Chiarella’s previous experiences include: Professor of Contract and Fiscal Law, U.S. Army Judge Advocate General’s School, Charlottesville, Virginia; Chief of Administrative and Civil Law, Fort Carson, Colorado; and Trial Attorney, U.S. Army Contract Appeals Division, Arlington, Virginia. He continues to serve as an Adjunct Professor of Contract and Fiscal Law at the Army JAG School, and lectures frequently on a wide variety of Government contract law subjects. Mr. Chiarella received his Bachelors of Arts degree from the University of Notre Dame, a law degree from the State University of New York (SUNY) at Buffalo, a Master of Arts degree from The Catholic University of America, and a Masters of Laws degree from the Army Judge Advocate General’s School.
Jeffrey M. Chiow
Associate, Rogers Joseph O’Donnell PC
Jeff Chiow is an attorney with Rogers Joseph O’Donnell PC focusing on government contracts and government investigations. He understands the complex business, legal and regulatory considerations that uniquely affect government contractors. He helps clients to evaluate and achieve results that protect and grow their government business. Mr. Chiow’s work also includes a mix of investigations and litigation work including federal bid protests at GAO and the Court of Federal Claims as well as claims at the Court and the Boards of Contract Appeals. Mr. Chiow has assisted clients in a broad array of investigations by Inspectors General, Congress and the Department of Justice and has False Claims Act experience. He also has conducted many sensitive internal compliance investigations, advising clients about potential civil and criminal liability and disclosure obligations.
Mr. Chiow is a USMC Combat Veteran of the wars in Iraq and Afghanistan having served as an F/A-18D Weapons and Sensors Officer. He has litigated military pay and benefits cases before the Court of Federal Claims and the Federal Circuit.
US Army JAG Attorney specializing in Government Contract and Fiscal Law
Mr. Cora is an 18-year U.S. Army officer and JAG attorney specializing in government procurement and fiscal law, and is currently an Army Civil Schooling student at The George Washington University School of Law to earn an LL.M. in Government Procurement Law and Policy. Contract and fiscal law assignments include: Command Judge Advocate and Senior Legal Advisor for the 411th Contract Support Brigade (Army Contracting Command-Korea) in Seoul, South Korea (2010-2012); Professor of Contract and Fiscal Law at the US Army JAG School in Charlottesville, Virginia (2007-2010), and; Command Judge Advocate and Senior Legal Advisor for the Joint Logistics Command (JLC), Operation Enduring Freedom 6 in Bagram, Afghanistan (2005).
Director, The Claro Group
Bob Craig is currently the Director of The Claro Group. Mr. Craig has more than 25 years of experience providing compliance solutions on a wide range of matters related to Federal Government contracting involving the Federal Acquisition Regulations and Cost Accounting Standards. Bob has supported Government contractors with litigation and claims; incurred cost proposals; cost allocation matters; contract compliance; and strategic planning and new business development. Bob has supplied these services in a wide range of industries including aerospace and defense, manufacturing, professional services, and the pharmaceutical and biotech sectors. He specializes in providing technical Government accounting and contracting advice to clients contracting with the Department of Defense (DOD), Department of Health and Human
Services (DHHS), and Biomedical Advanced Research and Development Authority (BARDA). Bob has been in the consulting business since 2010, prior to which he held a variety of financial management positions for Government contractors and a large pharmaceutical firm. Bob’s experiences include: designing cost allocation structures; drafting and revising disclosure statements; assisting with proposal efforts; preparing, submitting, and negotiating multiple years of final indirect rate submissions; designing and implementing contract compliance functions and providing analysis in defense of Qui Tam actions. His clients range from small start-up biotech firms through large, publicly-held multi-national organizations.
Candy is currently an independent consultant in the area of Property Management. She recently retired from United Launch Alliance as the Property Manager. She has over 30 years of Property Management experience with various companies including Boeing, URS, Bechtel and Lockheed Martin. Her responsibilities included ensuring an approved Property Management business system; developing processes and procedures; managing metrics; developing self-assessment processes; mentoring/training employees; briefing customers and executives on property updates, and more. Ms. Crudup is an active member of the National Property Management Association (NPMA) where she obtained her Certified Professional Property Management Certification (CPPM) over 20 years ago. She is currently a Consulting Fellow (CF) through NPMA. In addition to her Property Management certification, she obtained a Certified Purchasing Manager (C.P.M.) certification from Institute for Supply Management (ISM). Candy has experience working property with many government entities including DoD (including Navy, AF, AFCEE, NRO, DCMA), EPA NIEHS, DOE, NASA, etc. and remains updated on current Federal Acquisition Regulations and supplements that relate to Property Management. She continues to make herself available for teaching courses for lifecycle property outcomes (from proposals to disposition), assisting companies with property challenges, and mentoring key personnel.
Vice President Legal, Contracts, and Compliance, Iridium
Stephen Daoust currently is the Vice President Legal, Contracts and Compliance, Iridium Satellite LLC. Throughout his 25-year career, Steve has worked as a Chief Government Contracts Counsel, Director of Contracts, and Chief Compliance Officer for both publicly traded companies like Iridium and Affiliated Computer Services and large accounting firms like PricewaterhouseCoopers where he was asked on a daily basis to provide expert advice and counsel on the negotiation and administration of contracts with federal, state, and local Governments as well as international organizations such as the United Nations and the World Bank. Steve has written and has provided extensive training materials to corporate audiences on topics involving, marketing and selling services to the Federal Government, federal outsourcing, ethics and compliance, business management, commercial contracting practices, mergers and acquisitions of federal contractors, GSA multiple award schedule contracts, TINA, contract claims, insider trading, anti-trust, organizational conflicts of interest, teaming agreements, effective review of Government solicitations, and drafting effective solicitation questions.
Director at PwC
Mark Dostal is a Director at PwC. He has over 32 years of extensive and diversified experience in government contract accounting and auditing, including 8 years with PwC, 8 years with another Big 4 national government contracting practice, and 16 years with the Defense Contract Audit Agency (DCAA). He specializes in the requirements of the Federal Acquisition Regulation (FAR), Agency Far Supplements, and Cost Accounting Standards (CAS). Mark began his career conducting DCAA audits, directing field office operations, and managing Agency responsibilities at large and medium sized defense contractors from locations in the Midwest, Southwest, and Agency Headquarters. After leaving Federal service, Mark leveraged his unique experiences and relationships to develop consultative approaches with clients that support compliant, yet practical considerations for meeting government contracting and cost accounting practices. He has also assisted many commercial market-based clients with transitioning to and navigating the FAR/DFARS and CAS requirements when entering the federal marketplace. As a member of defense and space industry associations, he actively promotes open dialogue of perspectives and issues affecting industry and senior government acquisition officials. Mark is a Certified Public Accountant in Illinois and Iowa, and a member of the American Institute of Certified Public Accountants, National Defense Industrial Association, and National Contract Management Association.
Senior Policy & Acquisition Professional
Mr. Drabkin is currently the Director of Acquisition Policy at Northrop Grumman Corporation. There he works with Congress, Executive Agencies and Industry Associations to evaluate and promulgate acquisition policy for Federal programs ensuring the interests of the Northrop Grumman are represented in the process. He translates acquisition laws and regulations into operational requirements within Northrop Grumman. He serves as a resource to all corporate sectors in acquisition matters relating to existing programs and future business capture opportunities. Previously, as Deputy Associate Administrator for Acquisition Policy and Deputy Chief Acquisition Officer and Senior Procurement Executive for the Office of the Chief Acquisition Officer, Mr. Drabkin lead a number of different, but inter-related, activities pertaining to Acquisition. Those activities are the Federal Acquisition Institute (FAI), the Federal Procurement Data Center, the Catalog for Domestic Federal Assistance, and the Civilian Agency Acquisition Council. He served as the Head of Contracting Activity for GSA, GSA spends over $10 billion per year for goods, services, construction and real estate, the GSA representative to the Federal Acquisition Regulatory (FAR) Council, the GSA Debarment and Suspension Authority, the GSA Agency Protest Official and the Ombudsman for Multiple Award Task and Delivery Order contracts.
Partner, Taft Stettinius & Hollister LLP
Ms. Duncombe practices in the area of Government Contracts Law, representing clients regionally and nationally. For over 25 years, Barbara has worked with clients to address questions or problems with public contract formation, performance, administration, payment and dispute resolution. She has represented prime contractors, subcontractors and public buyers. Her experience focuses on analysis of contract problems and their resolution through discussion, claims and other dispute forums/processes, including Alternative Dispute Resolution as well as litigation before the Government Accountability Office (GAO), Boards of Contract Appeals and federal and state courts.
Formerly the Director of the George Washington University Law School Government Contracts Program, Barbara lectures nationally and internationally on government contract and procurement issues for the law school’s continuing legal education program, the United Nations, UNICEF, the World Bank, and the Panama Canal Commission as well as providing in-house representation for many corporate clients. She practiced in Washington, D.C., after she clerked before the then-U.S. Court of Claims, until she moved to Dayton. Barbara is a member of the American Bar Association, Public Contract Law Committee including the Procurement Fraud and Debarment & Suspension Committees. She earned her undergraduate degree from American University, School of International Services, and her law degree, with honors, from the George Washington University Law School.
Brett is currently the acting Associate Chief Counsel for the Procurement and Fiscal Law Division, Office of the Chief Counsel with the Federal Emergency Management Agency (FEMA), DHS. Prior to joining FEMA, Brett was an Associate Legal Advisor for the Department of Homeland Security, Immigration and Customs Enforcement (ICE). In that capacity he advised the agency on all aspects of government contracts in acquisition formation and administration phases, as well as advising on issues relating to the use of appropriated and non-appropriated funds for ICE operations. He was also the Senior Debarment Counsel for ICE which entails being the primary advisor to the Suspension and Debarment Division (SD) and Suspending and Debarring Official (SDO) on all matters involving contractor and participant responsibility. Prior to joining ICE, he served as an Attorney-Advisor in the Acquisition Integrity Program of the Office of the General Counsel at NASA Headquarters in Washington, D.C from 2006 to 2010. At NASA, he handled acquisition, suspension and debarment, remedies coordination, training, and policy related matters. In addition, he is currently a Lieutenant Colonel in the US Army Reserves and is currently assigned as an International Law Attorney with the International and Operational Law Division, Office of The Judge Advocate General at the Pentagon.
Principal Construction Consulting Practice
Mr. Robert Freas is a Principal in Exponent’s Construction Consulting practice. Mr. Freas advises clients on a range of topics including risk management, project controls, change management, project scheduling, process improvement, change order negotiations, dispute avoidance and the preparation or defense of construction claims. He has participated in the preparation and presentation of a number of major construction and contract claims and disputes. His experience with construction disputes includes the development, analysis and defense of construction claims related to delays, inefficiencies, and cost overruns. Specifically, he has prepared as-planned schedules, updates and time impact analyses, prepared and analyzed as-built schedules, and prepared delay and performance related analyses, productivity-impact and acceleration analyses, and cost and damages claims. Mr. Freas has provided risk analysis services to large construction owners and contractors including contract risk assessments, probabilistic scheduling, Monte Carlo simulations, and schedule and cost assessments. He also has provided project management oversight and construction management services, developed project control systems, and prepared project status reviews. Mr. Freas’ construction project experience includes power, industrial and oil process facilities; water and waste water treatment plants; pipelines; hospitals and health-care facilities; educational and laboratory facilities (to BL4 level); sports complexes, government and military-related facilities; hotels, resorts and casinos; high-rise office, mixed use and condominiums; apartments; luxury residences; retail and restaurants; airports; highways and bridges; parking structures; correctional facilities; museums, performing art centers and theaters; and tenant improvement build-outs. Mr. Freas has been an adjunct professor in the Department of Civil, Environment, and Infrastructure Engineering at George Mason University and he frequently lectures on project controls, construction claims avoidance and preparation, and risk management and mitigation strategies.
Partner, Shulman, Rogers, Gandal, Pordy & Ecker, PA
Jacob S. Frenkel is a partner at Shulman Rogers Gandal Pordey & Ecker, PA. He brings his unique perspective as a former state and federal criminal prosecutor and former SEC Enforcement lawyer to his leadership of the Firm’s Securities Enforcement, White-Collar Criminal, Corporate Investigations and Corporate Governance practices. Jacob is an internationally recognized expert media commentator about high profile corporate fraud, securities and corporate governance matters for such major domestic and international television and radio networks, print wire services and international publications as CNBC, NBC, CBS, BBC, Bloomberg, Reuters, Associated Press, Agence France Presse, and the Wall Street Journal Jacob’s practice emphasizes the representation of corporations and their officers, directors and other senior officials in federal and state securities investigations, proceedings before stock exchanges and capital markets self-regulatory organizations, and federal and state criminal investigations, including financial crimes and public corruption, and investigations by committees of the United States Congress. Jacob conducts internal investigations for public, non-public and nonprofit corporations, and represents individuals in internal investigations. Mr. Frenkel also is an expert witness in cases involving corporate investigations, securities enforcement, securities fraud, stock manipulation and white-collar criminal defense matters. In the area of corporate governance and counseling, Jacob serves as an independent counsel to advise Audit Committees and officers and directors of companies in connection with their fiduciary and compliance obligations, including under the Sarbanes-Oxley, Foreign Corrupt Practices and USA PATRIOT Acts.
Jacob’s international work includes defense of investigations and compliance counseling in connection with anti-money laundering and international bribery conventions. Jacob previously advised the Indonesian Securities Commission, BAPEPAM, in connection with its anti-money laundering and combating the financing of terrorism regulations and training. Jacob also provides strategic advice to early stage, privately-held companies planning to go public and smaller publicly-held companies, and established companies considering growth and exit avenues. His clients include individuals, Boards of Directors and their committees, and corporations, including, privately-held and publicly-held companies on United States and foreign securities markets, broker-dealers, stock transfer agents, and hedge funds. Additionally, Jacob’s clients include mid-sized and small broker-dealers in their investment banking and regulatory compliance functions, where he represents those firms and their brokers in capital raising transactions for issuers and in FINRA arbitrations. Jacob’s 24 years practicing law includes 14 years as a government prosecutor, serving as an Assistant District Attorney in New Orleans, senior counsel in the Division of Enforcement at SEC headquarters in Washington where he specialized in stock manipulation and financial fraud cases and a federal criminal prosecutor in federal securities law-related and public corruption cases for the Office of Independent Counsel, in re Secretary of Agriculture Espy.
Principal and Co-Owner, Successful Proposal Strategies, LLC
Dr. Robert S. Frey is Principal and Co-Owner in the consultancy, Successful Strategies, LLC, in Northern Virginia. In this capacity during the past 7 years, Dr. Frey has been instrumental in supporting customers attain $3.938 Billion in funded, multi-year contract awards within defense, civilian, intelligence, and law enforcement agencies. He is a dynamic and highly productive proposal professional with 27 years of significant, trend-setting accomplishments, and demonstrated thought leadership in solution development. His competencies span proposal solution strategizing and architecture development; proposal management; end-to-end proposal design and review; business planning and capture management; and business leader and executive consulting, coupled with 31 years of writing and publication-related success. Dr. Frey also brings broad technical awareness in IT, engineering, scientific support services, and telecommunications. He is conversant in industry best practices such as The Open Group Architecture Framework (TOGAF) Version 9.1 (Certified July 2013), PMBOK 5th Edition, ITIL V3, SEI CMMI ML 3, ISO 9001:2008, Six Sigma, and Agile principles.
Partner, Sheppard Mullin Richter & Hampton, LLP
David S. Gallacher is a Partner in the Government Contracts, International Trade and Investigations practice group in Sheppard Mullin’s Washington, D.C. office. Mr. Gallacher’s practice involves counseling companies – both large and small, in the defense and civilian markets, doing business in both the U.S. and international markets – regarding the complexities of federal procurement laws and the difficulties inherent in doing business with the U.S. Government. He has extensive experience on a wide range of issues including, among other things, teaming agreements, subcontract administration and flowdown requirements, prime/subcontractor relationships, country of origin preferences, export controls, commercial item exceptions, merger and acquisition due diligence, cost accounting, suspension and debarment, and small business requirements. He also has broad based litigation experience relating to defending False Claims Act cases in the U.S. District Courts, prosecuting claims before the Boards of Contract Appeals, pursuing bid protests before the GAO, and litigating in numerous other administrative settings. He regularly assists companies by conducting internal reviews relating any number of federal compliance issues, allowing companies to implement internal controls as well as assisting companies in making disclosures to the appropriate government authorities, when appropriate. In 2007, he successfully arbitrated a dispute between two prominent government contractors relating to the validity and interpretation of a teaming agreement and its proprietary data provisions. He is a prolific writer and can be followed at www.governmentcontractslawblog.com.
McKenna Long & Aldridge, LLP
Jay Gallagher is a nationally-renowned litigator who has been representing government contractors, including the largest aerospace companies, for more than three decades. His experience includes the full range of government contract financial issues, including Cost Accounting Standards, civil and criminal fraud investigations and litigation, defective pricing, terminations, claims, breach of contract and cost allowability.
Senior Counsel Steptoe & Johnson
Fred Geldon is currently senior counsel in the Washington, D.C. office of Steptoe & Johnson, where he advises clients concerning a wide spectrum of government contract matters. Until January 2009 Mr. Geldon was an attorney at Electronic Data Systems for 21 years, where he served as counsel and as Director of the Contracts and Legal Division and was responsible for handling or supervising all contract and legal matters involving EDS’ federal government customers. Prior to his EDS tenure, Mr. Geldon was a partner at two law firms and Assistant Director of the Torts Branch of the Department of Justice. Mr. Geldon is currently an Adjunct Professor of Computer Science at George Mason University and regularly lectures on government contracts subjects.
Scott Gentry is an independent contractor with more than 30 years of experience in Contract Cost, Pricing and Finance and is recently retired from his position at the Department of Homeland Security, Headquarters, Office of the Chief Procurement Officer. Prior to Homeland Security, he worked in the Accounting and Finance Policy Directorate, Under Secretary of Defense (Comptroller); and as the Executive Officer, Office of the Director, Defense Contract Audit Agency. Throughout his career Mr. Gentry developed and conducted training on a wide range of cost and accounting issues, which included Contract Auditing, Cost and Price Analysis workshops, Cost Realism, Evaluating Contractor Proposals, and Cost Accounting Standards (CAS). He provided Cost and Price subject matter expertise on a variety of complex and sensitive cost/pricing issues and business system/internal control adequacy. He has advised in areas such as types of audit support and Truth in Negotiations Act compliance, in addition to developing, interpreting and providing guidance on Defense Department finance and accounting policies and DoD finance issues. Mr. Gentry received his Bachelors of Science degree from the University of Alabama in Birmingham and a Masters in Administration at Central Michigan University.
Partner Wiley Rein, LLP
Mr. Graham is a partner at Wiley Rein. He was recognized by Chambers USA as a “rising star” and an “exceptionally strong” (2010) litigator who clients note is “incredibly in tune with the laws and regulations” (2011), counsels and represents government contractors on a broad range of legal matters including commercial litigation, bid protests, claims preparation and litigation, mergers and acquisitions, compliance with ethics and procurement integrity laws, procurement fraud investigations and suspension/debarment proceedings. Approximately half of Mr. Graham’s practice involves litigation, primarily before the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO), and the Boards of Contract Appeals. He also litigates cases involving government contractors in Federal District Courts and Courts of Appeals across the country, including prime/subcontractor disputes. The remainder of Mr. Graham’s practice involves counseling clients on potential contract disputes and protest challenges, internal investigations, legal issues stemming from accounting changes, business restructures and reorganizations, and contract administration matters. In particular, Mr. Graham often advises clients on compliance with ethics laws and regulations, including post-employment restrictions applicable to government employees. Mr. Graham has also assisted clients in performing due diligence for large transactions involving government contractors. Mr. Graham actively participates in Wiley Rein’s pro bono program, and has successfully argued before the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for Veterans Claims in several Veterans’ benefits cases.
Associate General Counsel, Department of Defense
Richard M. Gray is Associate General Counsel in the Department of Defense (DoD) Office of the General Counsel, where his primary duties include advising senior DoD officials on cyber and information law, intellectual property, information and technology acquisitions, and technology transfer; chairing the Patents, Data, and Copyrights Committee of the Defense Acquisition Regulations Council; and serving as a subject matter specialist for the Federal Acquisition Regulation Teams. Mr. Gray previously held positions in the Air Force Office of the General Counsel and the Navy Office of General Counsel. In his personal capacity, Mr. Gray is an adjunct professor at the George Washington (GW) University School of Law and a frequent lecturer and author, including (with James G. McEwen, David S. Bloch, and John T. Lucas) Intellectual Property in Government Contracts: Protecting and Enforcing IP at the State and Federal Level (2d ed. 2012). Mr. Gray is registered to practice before the U.S. Patent and Trademark Office, and a member of the Illinois Bar. Mr. Gray’s contributions to these materials are made in his personal capacity, not in connection with his official duties at DoD or GW.
Partner McKenna Long & Aldridge
Allen Green has engaged in extensive litigation and counseling on a wide range of international matters. He represents clients in international arbitration and court litigation, focusing on those involving governmental parties. Mr. Green counsels and represents clients before federal agencies concerning the U.S. government’s regulation of exports, including, in particular, U.S. export controls, the Foreign Corrupt Practices Act (“FCPA”) and trade embargoes. He has testified before the Congress on FCPA amendments and has worked on all aspects of international government contracting over the years, including foreign military sales, direct “FMF” sales and US AID contracts and regulations.
Principal, Grossman Law Group, P.C.
Garry S. Grossman, of Grossman Law Group, represents a wide range of government and commercial contractors and subcontractors in all aspects of contracting with the Federal and state governments and with commercial entities. His practice includes, among other capabilities:
• Protection of contractors’ intellectual property rights
• GSA schedule
• Negotiating joint ventures
• Negotiating prime and subcontracts
• Government contract compliance
• Bid protests
• Buy American Act
• Security clearances
• Homeland Security contracting
• Small and small disadvantaged business procurements
• Contract and subcontract disputes
• Teaming agreements and joint ventures
He also represents companies engaged in technology transfer and commercialization, including technology licenses with federal laboratories, universities and commercial entities. Mr. Grossman advises clients about leveraging their research and development activities to generate and protect intellectual property under federal programs using:
• Patent and technology licenses
• Procurement contracts
• Cooperative agreements
• Cooperative Research and Development Agreements (CRADAs)
• Small Business Innovative Research programs (SBIRs)
• Small Business Technology Transfers (STTRs)
• Advanced Technology Program (ATP) funding
Jeffrey “Jeff” Hetrick retired in 2013 after 34.5 years of Federal Service where he worked for the Defense Contract Audit Agency (DCAA). During his career, Jeff held numerous positions with DCAA, including comprehensive labor auditor, supervisory auditor, EDP auditor, DCAA Headquarters Program Manager, and Branch Manager. From October 2003 until his retirement, he was the Branch Manager of the Fairfax Branch Office where he managed an audit staff of approximately 40 auditors. He was responsible for all DCAA audits performed at both large major defense contractors and numerous smaller contractors under his cognizance. These audits included annual audits of incurred costs, business system audits, audits of forward pricing proposals and rate agreements, CAS compliance, financial capability, claims and equitable adjustments, and defective pricing.
During his time as a DCAA Headquarters Program Manager, Jeff was selected to participate in the LEGIS program and spent 6 months working on Capitol Hill for Congressman John Spratt (D-South Carolina). He provided accounting and auditing advice and research to the Congressman in raising the TINA threshold. In addition, he helped prepare the DCAA Director and Deputy Director for numerous testimonies before both House and Senate Committees.
In early 2003, Jeff was selected by the DCAA Director to lead a team to review the Iraq Reconstruction Contingency contracting efforts of the Department of Defense. He presented the team’s findings and recommendations to the DOD Comptroller resulting in contingency contracting reforms. These efforts earned Jeff the DCAA Meritorious Civilian Service Award, the second highest award given by DCAA.
Jeff holds a CPA License in the state of Virginia. He graduated from George Mason University with a B.S. in Business Administration (Accounting) and an M.S. in Information Systems. He also has an M.S. in Administration from Central Michigan University.
Manager, Baker Tilly
John Hindman is a Manager in Baker Tilly’s Government Contractor Advisory Services practice. John has extensive experience assisting government contractors with complex regulatory compliance matters, internal control assessments, business process analyses, incurred cost proposal preparation, and Cost Accounting Standards compliance. His business system experience spans government contractors of various sizes, including Fortune 500 companies, and includes documenting business processes, identifying compliance risks and inefficiencies, developing systems of internal controls to mitigate those risks, and writing policies and procedures that highlight compliant and efficient processes and controls. His specific system experience includes accounting, timekeeping, billing, indirect & other direct costs, budget & planning, purchasing, estimating, compensation, and overall control environment. John has an extensive working knowledge of the Federal Acquisition Regulations (FAR), Defense Contract Audit Agency (DCAA) Contract Audit Manual, DCAA Internal Control Audit Planning Summaries (ICAPS), and the Defense FAR Supplement (DFARS) Contractor Business Systems rule. John has also assisted contractors with developing incurred cost proposals and supporting incurred cost audits, preparing settlement proposals in connection with terminations for convenience, designing indirect cost rate structures, and providing litigation support for contractors accused of Truth in Negotiations Act (TINA) violations.
Partner, McKenna Long & Aldridge
Sandy Hoe has more than 41 years in the practice of government contracts law as an associate and partner at McKenna Long & Aldridge. His expertise includes issues of contract formation, negotiation of subcontracts, the structuring of complex private financing of government contracts, preparation of complex claims, and the resolution of post-award contract disputes through litigation or alternative dispute resolution. His clients include major companies in the defense, telecommunications, information technology, financial, construction and health care industries. For several years, he also practiced telecommunications regulatory law, appearing before numerous state public utility commissions in hearings to open the local exchange markets for new entrants under the Telecommunications Act of 1996. For many years, he has been active in the Public Contract Law Section of the American Bar Association, where he was an author of the Section’s original publication of “Subcontract Terms and Conditions.” Since 1999, he has co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005-2008 served on the Section Council. Prior to his service in the ABA, for six years he was on the Steering Committee of the Section on Government Contracts and Litigation of the District of Columbia Bar, including three years as co-chair of the Section. Currently he is pro bono counsel to the Government of Liberia in the drafting of a new procurement code. Super Lawyers 2013 recognized Mr. Hoe as one of the nation’s leading government contracts lawyers. In 2009, Mr. Hoe was named “Top Washington Lawyer” in Government Contracts by the Washington Business Journal.
Principal Offit Kurman
Ira E. Hoffman is a Principal at Offit Kurman, a multi-state law firm. Mr. Hoffman is a also Director of the Public Contracting Institute, and frequent lecturer on the Export Administration Regulations, the International Traffic in Arms Regulation, and Office of Foreign Assets Control sanctions. In addition, he was the editor of The Annotated Export Administration Regulations Desk Reference” (West, 2010-13); author of “U.S. Law and International Cooperation in Combating Cyberthreats,” 31 Computer & Internet Law. No. 4 at 15 (Apr. 2014); and co-author of “International Compliance: Mitigating Risk in FCPA and Other Cross-Border Transactions,” 43 MD Bar J. No.4 at 33 (July 2010); and of “Export Controls and Economic Sanctions,” 42 Int’l Law. 301 (2008). He has also taught International Trade Law and European Union Law at the George Mason University School of Law. Mr. Hoffman received his Juris Doctor degree (cum laude) from the University of Miami School of Law, where he was an editor on the Law Review; earned an M.Sc (Econ) from the London School of Economics, where he also taught; and a B.A. from the University of Michigan.
Managing Director Government Advisory Services, BDO
Bill Keating is Managing Director Government Advisory Services at BDO. Bill’s 35+ years of consulting and auditing experience have included serving clients in the United States, Europe and Asia. In addition to supporting major law firms in government contract investigations and litigation support, he has led several large-scale compliance and operational process improvement projects focused on the special requirements of government contracting, such as contract cost accounting and reporting; billing; procurement; pricing; and estimating. Bill has also assisted numerous companies with resolving contract audit issues arising from audits by the Defense Contract Audit Agency (DCAA) and Federal Agency Inspectors General. Prior to joining BDO, Bill previously led government contractor advisory practices at Big Four firms and specialized consulting companies. He also served as the Managing Director of Contracts and Compliance for a major federal systems integrator where he established a Federal Contracts Administration function and served as the company’s senior representative to the DCAA and other government audit agencies.
Sheppard Mullin Richter & Hampton, LLP
Marko W. Kipa is an associate in the Government Contracts and Regulated Industries Practice Group in Sheppard Mullin Richter & Hampton’s Washington, D.C. office. Mr. Kipa’s professional experience focuses on government contracts, administrative law and litigation. He is cleared at the highest levels and frequently handles classified matters related to national security. Mr. Kipa regularly represents clients before government agencies, the Government Accountability Office, and the United States Court of Federal Claims. Mr. Kipa also counsels clients with respect to a wide range of government contract issues, including bid protests, claim preparation, cost issues, contract administration, performance disputes, and mandatory disclosure obligations. As a member of the Aerospace and Defense team, Mr. Kipa frequently assists government contractors undertaking M&A transactions.
Assistant General Counsel National Reconnaissance Office
Jonathan H. Kosarin is Assistant General Counsel at the National Reconnaissance Office. Mr. Kosarin previously served as Associate Counsel of the Naval Supply Systems Command; Associate General Counsel and Director of Procurement Law, Federal Home Loan Bank Board; European Trial Attorney and Attorney Advisor at the U.S. Army Headquarters in Heidelberg, Germany; Trial Attorney, U.S. Army Contract Appeals Division. He serves as an Adjunct Professor of Contract Law at the Army Judge Advocate General’s School in Charlottesville, VA; and as an Adjunct Instructor of Procurement and Contracting at the University of Virginia. Mr. Kosarin received a Bachelor of Arts degree, magna cum laude, from Syracuse University; a Juris Doctor degree, from Brooklyn Law School; and a Master of Laws degree in Government Procurement Law, from the George Washington National Law Center.
Marci A. Lawson is a contract attorney practicing in the Washington, D.C. area with over seventeen years of legal experience—mostly specializing in all aspects of government contracting. In addition to her current position, Ms. Lawson’s previous legal experiences include: Professor of Contract and Fiscal Law, U.S. Army Judge Advocate General’s School, Charlottesville, Virginia; Contract Attorney, Joint Contracting Command-Iraq/Afghanistan; Chief of Contract Law, Cannon Air Force Base, New Mexico and Little Rock Air Force Base, Arkansas; Deputy Staff Judge Advocate, Los Angeles Air Force Base, California; and Area Defense Counsel, Charleston Air Force Base, South Carolina. Ms. Lawson recently retired from the Air Force as a Judge Advocate (attorney). Ms. Lawson received her Bachelors of Arts degree from the Ohio State University, a law degree from the University of Toledo, and a Masters of Laws degree from the Army Judge Advocate General’s School with a specialty in procurement law.
Stacia Davis Le Blanc
Stacia Davis Le Blanc specializes in the areas of government grants, cooperative agreements, federal audit defense, and administrative law. Ms. Le Blanc had a long and distinguished career in the Office of General Counsel within the U.S. General Services Administration and the U.S. Department of Commerce. In that capacity, she represented these agencies in actions in federal district court, the Court of Federal Claims, Government Accountability Office, and the General Services Administration Board of Contract Appeals, as well as cost disallowances, audit resolutions and appeals, and nonprocurement debarments. Of special note, is her work on the implementation of Public Law 106-107, the Federal Grants Streamlining Act, where she participated on the interagency committees drafting the new proposed grant regulations, terms, and conditions to be codified in Title 2 of the Code of Federal Regulations. Ms. Le Blanc is a recognized leader in federal grant law, providing training to grantees and contractors, several Congressional committees, grants officers, program officers, and contracting officers, as well as speaking engagements and moderating panel discussions for the National Grants Management Association, National Grants Partnership, Federal Publications Seminars, Public Contracting Institute, National Contract Management Association, Federal Bar Association, and the American Bar Association. She represents all types of grant recipients, including for-profits, non-profits, educational institutions, state, local, and tribal governments before a variety of funding agencies. Ms. Le Blanc has expertise in grant compliance, drafting vendor contracts and subrecipient agreements, training, preparing grant policies and procedures, grant protests, disputes, terminations, audit resolutions and appeals, cost disallowances, conflicts of interest, suspensions and debarments, eligibility determinations, federal real, personal, and intellectual property rights under grants, subcontractor and subgrantee rights and responsibilities, statutory construction, regulatory interpretation, legislative earmarks, appropriations law, and legal challenges under the Administrative Procedures Act.
Partner, McKenna Long & Aldridge
Tom Lemmer is a Partner at McKenna Long & Aldridge. Mr. Lemmer routinely counsels clients on federal contract formation, contract administration and dispute resolution. In the area of federal government procurement, Mr. Lemmer has significant experience in numerous areas including contract cost allowability under the Cost Principles in the FAR, DFAR, and OMB Circulars, the Cost Accounting Standards (CAS)and Truth in Negotiations Act (TINA). In the areas of CAS, Mr. Lemmer has been involved in issues involving compensation, particularly pensions, post retirement benefits and employee stock ownership plans; restructuring issues; asset valuations in the context of mergers and acquisitions; independent research and development (IR&D) and bid proposal (B&P) issues; legal costs; and environmental cost recovery issues.
Managing Director Capital Edge Consulting
Mr. Lowe is a Managing Director of Capital Edge Consulting, Inc., based out of the firm’s San Diego, CA office. Mr. Lowe joined Capital Edge Consulting after spending more than 20 years in industry as CFO / VP Finance for aerospace and government contracting companies ranging in size from $35M to $1.5B in revenue. His industry experience includes commercial electronics manufacturing, contract manufacturing, aerospace and defense, and government services (technical, engineering, program management) with major prime contractors as well as tier 1 and tier 2 suppliers. His experience has included various organizational structures, various business mix models (commercial and government), various contract mix models, and international operations. Ken’s government contracting experience includes a broad range of financial matters including: strategic planning; mergers and acquisitions; organizational design and structure; and turnarounds. His government contracting expertise includes: Cost Accounting Standards, Federal Acquisition Regulations, Business Systems implementation (e.g. Accounting, Estimating); Truth-in-Negotiations Act; contract terminations (Request for Equitable Adjustments); Incurred Cost Submissions; developing internal control systems to mitigate government contracting non-compliance; DCAA audit and regulatory non-compliance support.
Director Berkeley Research Group, LLC
Mr. Malaveetil is a Director at Berkeley Research Group, LLC. Based in Washington, DC and an expert in the field of government contract accounting, administration, and compliance, Sajeev Malaveetil has over 17 years of experience providing business consulting, financial advisory, and litigation support services to companies and organizations of all sizes. Mr. Malaveetil has in-depth experience with the FAR, CAS, OMB Circulars, and other federal government procurement regulations and guidance. Mr. Malaveetil has assisted clients in the implementation of compliant accounting practices and business systems. In addition, he has assisted clients during Government audits and investigations and in negotiations of audit findings. He has prepared expert reports for voluntary disclosures and performed complex analyses related to contract cost and pricing – including detailed CAS cost-impacts as well as price reductions analysis for GSA Schedule contracts.
Partner McKenna Long & Aldridge
Steve Masiello is a Partner at McKenna Long & Aldridge. Steve represents both large and small companies across diverse industries including aerospace and defense, construction and engineering services, information technology, health care, biotechnology, pharmaceuticals and renewable energy. Mr. Masiello is a Certified Management Accountant (CMA) designated by the Institute of Management Accountants (IMA) and possesses substantial experience assisting clients with government contract cost accounting, cost allowability and contract estimating and pricing matters, including resolution of audit findings. Specifically, he advises clients on legal issues arising out of the Cost Accounting Standards (CAS), Cost Principles in the Federal Acquisition Regulation (FAR) and OMB Circulars and the Truth in Negotiation Act (TINA). Mr. Masiello further aids clients with the implementation of government contract compliance policies and procedures, including assistance with Department of Defense (“DoD”) Business Systems development, internal assessment and with the defense against adequacy challenges to such client systems. Additionally, he handles client bid protest concerns, equitable adjustment or breach of contract claims, reverse-Freedom of Information Act (FOIA) cases, government contract intellectual property (patents, software and data rights) matters and other contract and regulatory disputes.
Manager Capital Edge Consulting
Michelle Massarini is a Manager for Capital Edge Consulting, Inc., based in Reston, Virginia. Her focus is on providing full contract lifecycle professional support to government contractors and government agencies in the areas of compliance, accounting, contracts, and training. Since joining Capital Edge in 2010, Ms. Massarini has provided guidance to companies in a variety of areas including, but not limited to, the creation and preparation of incurred cost submissions, forward pricing models, the development and maintenance of CAS Disclosure Statements, cost impact studies as required for making changes to cost accounting practices, accounting system reviews, booked to billed reconciliations, contract closeouts, and ongoing efforts of DCAA audits. Ms. Massarini has designed reports in Deltek Cognos and Impromptu to support booked to billed reconciliations, incurred cost submissions and related audits as required by DCAA. She has initiated and assisted in the implementation of policies and procedures, and provided recommendations that allow for efficiency and precision in day-to-day activities for various levels of accounting and contracting personnel. Ms. Massarini has also served as a subject matter expert in the design and implementation of Deltek Costpoint. Additionally, Ms. Massarini speaks at training seminars on the topic of incurred cost submissions for both Federal Publication Seminars (Fed Pubs) and Public Contracting Institute (PCI). She is also a member of the National Defense Industrial Association (NDIA) and Professional Services Counsel (PSC).
Director Capital Edge Consulting, Inc.
Norm McCord is a Senior Manager for Capital Edge Consulting, providing services to companies performing contracts with the Federal Government. Prior to engaging in Government contract consulting in the private sector, Mr. McCord was employed for 23 years with the Defense Contract Audit Agency (DCAA) in several capacities. Mr. McCord has significant knowledge, experience, and training in the Federal Government audit and acquisition process, including both defense and nondefense sectors. His work experience includes analyses of company costs accounting systems for compliance with Federal acquisition requirements, interpretation of Government regulations and cost principles, resolution of disputed contract issues, litigation support, and other disciplines relevant to Federal Government acquisitions. He has held positions in DCAA field offices, and a regional office, as well as with DCAA Headquarters. During his DCAA career, Mr. McCord has testified as an expert witness on contract matters in trials, grand jury proceedings, and depositions. Mr. McCord developed and regularly presented, training on accounting and audit matters to Special Agents undergoing training at the U.S. Government’s Federal Law Enforcement Training Center.
Director, PwC Government Contracts Practice
Gary McDonald is a Director in PwC’s Government Contracts Practice. Gary advises government contracting clients across industries on operations and compliance to enhance competitiveness and manage risks, such as the procedural and operational requirements of the contractor business systems acceptance criteria. With over 25 years of experience working and consulting in the aerospace and defense (A&D) government contracting service industries, Gary’s primary focus is in the areas of government contractor performance improvement and compliance with the Federal Acquisition Regulation (FAR), Agency FAR supplements (e.g., DFARS), government Cost Accounting Standards (CAS), and other contract requirements. He utilizes his knowledge of practical industry leading practices and competitive cost structures to drive compliance, financial and operations improvements. Gary managed government contract compliance operations for a major professional services firm, including Proposal Development, Contracts Management, Finance and Risk Management. He has managed IT operations for a division of an aerospace and defense contractor, including government contract compliance and reporting applications. He also has over 14 years of experience in space flight hardware engineering design and development, and large contract program management in support of NASA missions. Gary is a member of several industry associations and is a frequent speaker at industry conferences and association events.
Associate Mckenna Long & Aldridge, LLP
Michael McGuinn’s practice focuses on all aspects of government contracts law including bid protests, procurement fraud and compliance under the Federal Acquisition Regulation (FAR).
Prior to joining MLA, Mr. McGuinn was an associate at a large Washington DC firm where he focused on numerous government contracts matters including bid protests, qui tam actions, suspension and debarment proceedings, and government contracts compliance issues. He also represented clients in commercial civil litigation and white collar proceedings in both federal and state courts, and assisted corporate clients with internal investigations.
Mr. McGuinn received his J.D. cum laude from the Georgetown University Law Center in 2007 where he served as editor of the American Criminal Law Reviewand the Annual Survey of White Collar Crime. During law school he was also a member of the Georgetown Criminal Justice Clinic. Mr. McGuinn received his B.B.A. cum laude from the College of William & Mary.
Associate Mckenna Long & Aldridge, LLP
Gale Monahan is a member of the firm’s Government Contracts Department where he focuses on all aspects of Government Contracts counseling and litigation. Mr. Monahan represents government contractors in traditional contract disputes, in claims against the government at the Armed Services Board of Contract Appeals, in bid protests before the GAO and the Court of Federal Claims, and in False Claims Act investigations and litigation. Mr. Monahan also counsels clients in the areas of cost and pricing and domestic preference compliance requirements, including the Buy American Act, the Trade Agreements Act and the Balance of Payments Program.
Mr. Monahan is a board member for the National Contract Management Association-Denver Chapter and a faculty member for the Public Contracting Institute’s FAR Cost Principles webinar series. Prior to joining the firm, Mr. Monahan served as an officer in both the U.S. Air Force and U.S. Army.
Associate Mckenna Long & Aldridge, LLP
Christopher Myers is an Associate at McKenna Long & Aldridge, LLP. Christopher Myers focuses on all aspects of government contracts litigation and counseling, with an emphasis on FCA litigation and related investigations, as well as complex claims and disputes. He has extensive experience preparing requests for equitable adjustment and litigating contractor claims in federal court and at the boards of contract appeals. His work also focuses on government contracts compliance issues, including domestic preferences, cost accounting, specialty metals, counterfeit parts, organizational conflicts of interest, commercial item contracting and service contracting. In addition, Chris has successfully prosecuted and defended numerous bid protests at the Government Accountability Office and the Court of Federal Claims.
Ralph C. Nash, Jr.
Professor Emeritus of Law The George Washington University
Ralph C. Nash, Jr., is Professor Emeritus of Law of The George Washington University, Washington, D.C., from which he retired in 1993. He founded the Government Contracts Program of the university’s National Law Center in 1960, was Director of the Program from 1960 to 1966 and from 1979 to 1984, and continues to be actively involved in the Program. He was Associate Dean for Graduate Studies, Research and Projects, of the Law Center from 1966 to 1972. Professor Nash has specialized in the area of Government Procurement Law. He worked for the Navy Department as a contract negotiator from 1953 to 1959, and for the American Machine and Foundry Company as Assistant Manager of Contracts and Counsel during 1959 and 1960. Professor Nash is active as a consultant for government agencies, private corporations, and law firms on government contract matters.
In recent years, he has served widely as neutral advisor or mediator/arbitrator in alternate dispute resolution proceedings. He is active in the Public Contracts Section of the American Bar Association, is a member of the Procurement Round Table, and is a Fellow and serves on the Board of Advisors of the National Contract Management Association. During the 1990s, Professor Nash was active in the field of acquisition reform. He served on the “Section 800 Panel” that recommended revisions to all laws affecting Department of Defense procurement, the Defense Science Board Task Force on Defense Acquisition Reform, and the Blue Ribbon Panel of the Federal Aviation Administration. He was the coauthor with John Cibinic, Jr. of a casebook, Federal Procurement Law (3d ed., Volume I, 1977, and Volume II, 1980). He and Professor Cibinic also coauthored five textbooks: Formation of Government Contracts (4th ed. 2011) (with Christopher Yukins), Administration of Government Contracts (4th ed. 2006) (with James Nagle), Cost Reimbursement Contracting (3d ed. 2004), Government Contract Claims (1981) and Competitive Negotiation: The Source Selection Process (3d ed. 2011 (with Karen O’Brien-DeBakey)). He is coauthor with Leonard Rawicz of the textbook Intellectual Property in Government Contracts (6th ed. 2008), coauthor with seven other authors of the textbook Construction Contracting (1991), coauthor with Steven L. Schooner and Karen O’Brien-DeBakey of The Government Contracts Reference Book (4th ed. 2011) and coauthor with Steven Feldman of Government Contract Changes (3d ed. 2007). He has written several monographs for The George Washington University Government Contracts Program monograph series, and has published articles in various law reviews and journals. Since 1987 he has been coauthor of a monthly analytical report on government contract issues, The Nash & Cibinic Report.
Partner Thompson Coburn LLP
Jeff Newman is a Partner at Thompson Coburn LLP. Jeff’s practice focuses extensively on all aspects of government contracts, federal and state procurement, and administrative law and litigation. Over the course of his career, he has represented government contractors and commercial vendors before the Department of Defense and virtually all other civilian agencies. He regularly counsels clients on agency acquisitions, prime-subcontractor arrangements, intellectual property, compliance and related best practices, procurement fraud, merger and acquisition due diligence, GSA Schedule contracting, contract/grant performance and disputes, biodefense and cleantechnology procurements, industrial security, R&D opportunities, commercial item contracting, and risk assessments for various federal/state procurements and commercial transactions. In 2011, Jeff was appointed to the first Law360 Government Contracts Editorial Advisory Board. Jeff has particular and significant experience in safeguarding the intellectual property of companies that conduct business with the federal government either as a prime contractor or subcontractor. He has negotiated numerous agreements to protect rights in technical data and computer software and preserve patent rights in various contracting and licensing contexts. Jeff’s broad experience with compliance matters has enabled him to manage internal investigations, defend against government and international agency actions (including FCA matters), and develop corporate compliance programs.
Partner Thompson Coburn LLP
Tim is a partner in Thompson Coburn LLP’s Business Litigation Department. A former trial attorney in the U.S. Department of Justice in Washington, D.C., Tim focuses his practice on commercial disputes, claims and compliance issues involved with the federal government, as well as work with health care firms in litigation, compliance and regulatory issues. He represents quasi-governmental entities involved in litigation, particularly those involved with transportation issues. He also represents commercial firms, focusing primarily on litigation. Tim also has extensive experience with civic institutions and nonprofit governance on a local and national level.
Partner Sheppard Mullin Richter & Hampton, LLP
Mr. Northcutt is a partner in Sheppard Mullin’s Corporate Practice Group and the Finance & Bankruptcy Practice Group in the firm’s Washington, DC office. He is also a member the Private Equity Team, the Life Sciences Team and the Healthcare Team at the Firm. Mr. Northcutt practices in the areas of corporate law, corporate finance, securities law and mergers and acquisitions. Mr. Northcutt is an advisor to companies and private equity firms in corporate and transactional matters, including mergers and acquisitions, joint ventures, securities offerings and financings. He has extensive experience in acquisition and financing transactions on behalf of private equity firms and companies in the government services, aerospace and defense, life sciences, information technology, financial services and media industries.
Partner Thompson Coburn LLP
Ms. Nucci is a Partner at Thompson Coburn LLP. Kym works with companies in their dealings and contractual relationships with Federal government agencies. She regularly counsels companies that provide supplies and services to the U.S. Government on issues related to competing on government solicitations, protesting the terms of solicitations and agency contract awards, meeting performance/compliance requirements and assisting with related disputes, teaming and subcontracting with other companies, and handling claims by and against the government. She also advises clients on labor-related issues uniquely applicable to government contractors, particularly Service Contract Act compliance matters. She has considerable experience addressing government contract issues pertaining to small and minority-owned businesses, including small business size status protests and appeals, affiliation issues, and mentor-protégé and joint venture relationships under the Small Business Administration’s (SBA) Section 8(a) Program. Kym also counsels clients on the rules related to the various small business programs, such as the 8(a) Program, the Service-Disabled Veteran Owned Small Business Program, the HUBZone Program and the Women-Owned Business Program. Kym routinely represents clients before the U.S. Government Accountability Office and the U.S. Court of Federal Claims (COFC) pursuing and defending against bid protests; the COFC, Armed Services Board of Contract Appeals and Civilian Board of Contract Appeals concerning contract claims and disputes; and the SBA’s Area Offices and its Office of Hearings and Appeals pursuing and defending against small business size status protests and appeals. She has also represented clients before the U.S. District Courts and the U.S. Courts of Appeals.
Partner McKenna Long & Aldridge
Mr. O’Brien is a Partner at McKenna Long & Aldridge. He focuses on international arbitration and litigation in complex government contracts and commercial disputes. He has extensive experience litigating before numerous major international arbitral institutions and U.S. courts involving among other issues, breach of contract disputes, cross-border enforcement of arbitration awards, treaty issues, foreign sovereign immunity, defense against allegations of fraud or corruption, and handling of multi-jurisdictional matters. In addition, he actively counsels clients and conducts investigations on matters concerning U.S. Export Laws and Regulations and the Foreign Corrupt Practices Act (“FCPA”) involving audits, compliance programs, classification and licensing issues, voluntary disclosures, and governmental actions.
Of Counsel Wiley Rein, LLP
Mr. O’Keeffe is of counsel at Wiley Rein and has more than 15 years of experience handling all aspects of federal procurement matters. He is well-versed in all stages of federal contract law and litigation, including terminations, procurement disputes, protests, procurement integrity and suspensions and debarments.
Partner Wiley Rein, LLP
Ms. Owren-Wiest is a partner at Wiley Rein. She was recognized by Chambers USA (2011) for her expertise in government contract accounting and bid protests, counsels and represents government contractors on virtually all aspects of government contracting. With a practice that encompasses counseling and transactional work, as well as litigation, Ms. Owren-Wiest regularly provides training to and advises government contractors on cost allowability issues and compliance with the Cost Accounting Standards; Defense Contract Audit Agency (DCAA) audits; data rights and intellectual property issues; ethics and compliance matters, including compliance with the rules regarding organizational conflicts of interest (OCI); subcontract, teaming, and licensing agreements; and contract administration matters. Ms. Owren-Wiest also represents contractors in bid protests before the Government Accountability Office (GAO) and U.S. Court of Federal Claims, and in connection with claims preparation and negotiation; terminations for convenience and default; contract disputes before the Boards of Contract Appeals; and commercial litigation and arbitration. Ms. Owren-Wiest is a frequent lecturer regarding data rights and DCAA audits and cost accounting issues and is Co-Chair of the American Bar Association’s Section of Public Contract Law, Accounting, Cost& Pricing Committee. She is also Senior Editor and incoming Editor-in-Chief of The Procurement Lawyer, the Section’s quarterly newsletter, and an Advisory Board Member of the Government Contract Costs, Pricing & Accounting Report.
Darrell J. Oyer
Darrell J. Oyer & Co.
Prior to forming his own firm in 1991, Mr. Oyer was a partner with Deloitte & Touche, an international accounting firm. He had approximately 9 years of experience with Deloitte & Touche, Touche Ross and Peat Marwick. Before that Mr. Oyer served nearly 20 years in the Defense Contract Audit Agency (DCAA) in various capacities. As a field staff auditor, he was involved in the large contractors’ price proposals and review of direct and indirect incurred costs. As a DCAA Headquarters program manager he specialized in quantitative auditing techniques, statistical sampling, computer auditing techniques, judicial and quasi-judicial cost accounting decisions and Cost Accounting Standards. Mr. Oyer was also Assistant Regional Director in the Atlanta Region, DCAA with responsibility for ten audit offices. Mr. Oyer served as Assistant Director, DCAA in all three functional areas: Operations and Professional Development, Resources, and Policy and Plans. He has represented the U.S. Government in dealings with foreign Governments in the audit of multinational procurements. Mr. Oyer is editor of the texts “Accounting for Government Contracts—Cost Accounting Standards” (2006, updated annually) and “Accounting for Government Contracts Federal Acquisition Regulation” (1985, updated annually), is author of the book “Pricing and Cost Accounting—A Handbook for Government Contractors” (2000, 2005, 2011, third edition) and authored the chapter on Activity Based Costing in government Contracts for the “Handbook of Cost Management” (1990). He wrote the lead article in the initial publication of “Government Contract Costs, Pricing, and Accounting Report” (1989) on the subject of Uncompensated Overtime and has contributed numerous articles since then. He co-authored the Deloitte & Touche “A Guide to Truth In Negotiations (Defective Pricing, PL 87 653″ (1986) and “Basic Cost Accounting Considerations in Government Contracting” (1989). Mr. Oyer was editor of the discontinued newsletter “Contract Pricing Advisor.” He is also a frequent speaker and lecturer on contracting subjects and teaches graduate level accounting courses for the University of Houston—Clear Lake.
Partner McKenna Long & Aldridge
Thomas Papson is a Partner at McKenna Long & Aldridge. Mr. Papson is an experienced litigator and bid protest lawyer, focusing on business litigation relating to government contracts. His practice includes conflict of interest and ethics matters, contract disputes, trade secrets misappropriation and unfair competition claims, Administrative Procedure Act and Freedom of Information matters, contract and tort claims against the United States, and protest of both state and federal government contract awards. Chambers USA 2012 recognized Mr. Papson as one of the nation’s leading government contracts and protest lawyers. A past chair of the Bid Protest Committee of the ABA Public Contract Law Section, Mr. Papson has prosecuted and defended major bid protest cases involving telecommunications, information technology, healthcare, and aerospace/defense procurements in the federal courts and before the Government Accountability Office. He also has litigated several major cases involving misappropriation of trade secrets in the employment context.
Michael Perch is the founder and Principal Consultant for Road Map Consulting, LLC, a management consulting firm specializing in federal and state government procurement strategic advisory services and training support. Mr. Perch is an expert in the field of federal government procurement, administration, and compliance. Mr. Perch has over 25 years of experience providing business consulting and training to companies and organizations that range from small businesses to Fortune 500 companies and non-profit organizations. Mr. Perch has in-depth knowledge and experience with the Federal Acquisition Regulation (FAR), Cost Accounting Standards (CAS), OMB Circulars, International Trade Agreements and other federal government procurement regulations. Mr. Perch owned and operated a successful systems integration federal contracting firm for over 17 years before selling it in 2006. Since 2006, Mr. Perch has been engaged in consulting with the federal government representing his firms’ client base, while earning a Master’s Degree in Government Contracting from George Washington University School of Law.
Of Counsel Vedder Price
Marques Peterson is of counsel at Vedder Price. Mr. Peterson focuses his practice on government contracts, claims and investigations, and litigation with an emphasis in international government contracting. Marques represents large and small businesses on all aspects of federal and international government procurement law including contract formation issues, post-award contract disputes and claims, ethics and compliance, expeditionary issues, and export control regulations. Additionally, he serves as a contributing writer for various publications on such issues as trade barriers, emerging markets, global procurement, the Buy American Act, the Foreign Corrupt Practices Act, the Trade Agreements Act and the World Trade Organization.
Partner, McKenna Long & Aldridge
Michael Rizzo is a Partner at McKenna Long & Aldridge. Mr. Rizzo serves as the Chairman of MLA’s Government Contracts practice, the largest and longest-standing such practice in the United States. Mike works with clients to resolve contract disputes in both the public and private sectors. In these endeavors, he represents defense contractors, design/build firms, and companies in the transportation and information technology industries who perform federal, state government, local government, and private contracts. He has appeared before the Comptroller General of the Government Accountability Office, the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, federal and California trial courts, the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Ninth Circuit. Additionally, Mike counsels clients on a variety of federal and state/local government contracts issues, including proposal preparation, TINA, suspension and debarment and cost accounting. He also develops corporate compliance systems which meet both state and federal regulatory requirements. He is a frequent lecturer on the parallels between the Uniform Commercial Code and the Federal Acquisition Regulation and also has spoken extensively on claims theories, risk mitigation, subcontract flow-downs, and federal contract criminal and civil investigation process.
Partner, Wiley Rein, LLP
Mr. Roberts is a partner at Wiley Rein. He has 35 years of experience advising businesses on a broad range of legal issues. He represents clients on commercial, federal, state and local procurement matters, including internal ethics and compliance programs, bid protests and contractor and government claims, including defense of False Claims Act matters, disputes, responding to audits and investigations and proposed debarment and suspension. Mr. Roberts’ practice includes international trade issues such as ITAR, export control and investigations related to Foreign Corrupt Practices Act (FCPA).
Director, Grant Thornton LLP
Julian is a Director in Grant Thornton LLP’s Government Contractor Services practice where he specializes in consulting and assisting companies to comply with rules, regulations, guides and auditor interpretations required of Federal and State Government contractors. Julian’s professional work experience spans over 30 years during which time he has been with many types and sizes of companies, primarily Government contractors. During this time he has been immersed in all aspects of Government contract accounting, management accounting, cost accounting, cost analysis and system implementation work. He has been part of the solution to many issues that businesses and Government agencies encounter, including business management of operations, ERP systems, pricing and negotiating contracts, labor and timekeeping problems, technology management, dissolution of operations, IT outsourcing, assistant controllership and compliance with Government regulations and requirements.
Nash & Cibinic Professor of Government Procurement Law, George Washington University
Before joining the Law School faculty in 1998, Professor Schooner was the associate administrator for procurement law and legislation at the Office of Federal Procurement Policy in the Office of Management and Budget. He previously served as a trial and appellate attorney in the Commercial Litigation Branch of the Department of Justice. He also practiced with private law firms and, as an active duty Army judge advocate, served as a commissioner at the Armed Services Board of Contract Appeals. Until his retirement as an Army Reserve officer, he was an adjunct professor in the Contract and Fiscal Law Department of the Judge Advocate General’s School of the Army, in Charlottesville, Virginia. His scholarship focuses primarily upon federal government contract law and public procurement policy. His dispute resolution experience includes service as an arbitrator, mediator, neutral, and ombudsman. Dean Schooner is a fellow of the National Contract Management Association and a certified professional contracts manager (CPCM). He is the faculty adviser to the ABA’s Public Contract Law Journal and also serves on the Procurement Round Table and the advisory board of the Government Contractor. He served as senior associate dean for academic affairs of the Law School from 2006 to 2008.
Director, Baker Tilly
Robin is a Director in Baker Tilly’s Government Contractor Advisory Services practice. She has 25 years of experience in Government contract accounting, administration, pricing, compliance, and auditing. Prior to joining Baker Tilly, Robin was the Director of Contract Policy at the Defense Contract Management Agency (DCMA) responsible for the Agency’s CAS administration, allowability of costs, contractor business systems, forward pricing and final overhead rates, pricing and negotiations, contract debts, payments, Government property, contract closeout, and terminations functions. She chaired the Agency’s Board that approved precedent-setting and high-dollar contracting actions and resolved disagreements between the Defense Contract Audit Agency (DCAA) and DCMA. She also developed and implemented the overall strategy for the joint DCAA/DCMA Cost Recovery Initiative to ensure all unresolved CAS and cost allowability issues were resolved appropriately and timely. Earlier in her career, Robin was a senior procurement analyst with the Defense Procurement and Acquisition Policy (DPAP) directorate of the Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics). Her responsibilities included developing Federal and DoD unique acquisition regulations, as well as the development of DoD policy, procedures, and training for cost, pricing, and finance issues. She began her career as an auditor with DCAA where she managed and performed all types of contract audits at major defense contractors.
Phillip R. Seckman
Partner, McKenna Long & Aldridge LLP
Mr. Seckman is a Partner at McKenna Long & Aldridge LLP where he counsels clients and litigates on their behalf concerning a wide range of government and commercial contract matters, focusing his practice primarily in the area of federal procurement law and complex federal regulatory issues. He takes great pride in helping clients make wise choices early that help minimize risks and reduce or avoid the expenses associated with litigation. Phil’s work on issues relevant to government contractors constitutes the bulk of his practice. He has significant experience regarding issues that arise in the context of GSA schedule contracting, cost allowability, proper cost accounting, and cost and pricing, as well as the assessment, presentation, and litigation of complex contract claims. In the recent past, a significant component of his practice has been in support of counseling and litigation on behalf of large stability operations contractors performing in the Middle East war zones. A notable component of Phil’s practice is his work relating to internal investigations and counseling regarding contract and regulatory compliance, control and monitoring issues as well as the defense of claims arising under the Civil False Claims Act. Phil frequently writes and lectures regarding cost accounting, business system, and FAR Mandatory Disclosure Rule issues. He also has significant experience assisting clients in establishing policies and procedures to ensure compliance with these requirements. When potential non-compliances have been identified, Phil assists in the internal review and assessment of these issues and has aided clients in the preparation of appropriate disclosures when required. Phil has additional experience pursuing and intervening with regard to federal and state bid protests. He recently authored and published an updated Chapter regarding Colorado State bid protests, which appears in the Colorado Procurement Handbook, by West. He has also lectured regarding Colorado bid protest issues. Phil has also litigated contract disputes in various federal and state courts, and federal government contract administrative boards. His work on these matters has recently resulted in a number of notable outcomes. Mr. Seckman co-authored the appellate briefs submitted at the United States Court of Appeals for the Federal Circuit relating to the landmark case regarding IR&D costs. See ATK Thiokol v. United States, 598 F.3d 1329 (Fed. Cir. 2010). Additionally, Mr. Seckman contributed to the trial and took the lead on the subsequent briefing that produced a victory in the recent Armed Services Board of Contract Appeals decision of American Ordnance, LLC, ASBCA No. 54718 (Feb. 17, 2010).
Partner, Wiley Rein, LLP
John Shane is a Partner in the International Trade Practice Group at Wiley Rein LLP, a Washington, D.C. law firm. While at the firm he has worked extensively on export control issues, representing various clients before the Departments of State, Defense, Commerce and Treasury, on export control, national security, foreign policy and compliance matters. He also has particular expertise in drafting complex technical assistance and manufacturing license agreements, developing export compliance programs, conducting export control due diligence for mergers and acquisitions, and handling voluntary disclosures. Mr. Shane also frequently counsels businesses on Foreign Corrupt Practices Act (FCPA) matters, including internal audits and investigations, compliance programs, training and acquisition due diligence. Mr. Shane has written and lectured extensively on export control and FCPA issues as they relate to particular industries and technologies. Mr. Shane received his B.A. degree at Bucknell University, magna cum laude, and his J.D., magna cum laude, from Georgetown University Law Center.
Special Counsel, Sheppard Mullin Richter & Hampton, LLP
W. Bruce Shirk is special counsel in the Government Contracts and Regulated Industries Practice Group in Sheppard Mullin Richter & Hampton’s Washington, D.C. office. Mr. Shirk focuses his practice in the areas of Medicare and Medicaid contracting and related areas of law including Medicare coordination of benefits and data sharing requirements, government and construction contract law and litigation, including cost accounting issues, and defense and aerospace contracting. His experience as a counselor includes review of contracts and provision of advice to clients in both the public and private sectors in negotiation and administration of contracts and grants; administrative prosecution of claims against the government and defense of civil claims and criminal proceedings brought or instituted by the government, including claims arising under the Medicare statutes and regulations; defense of claims against public sector entities; conduct of internal inquiries related to contract and regulatory compliance, the latter including government claims for reimbursement of Medicare payments.
Partner, McKenna Long & Aldridge
Kevin Slattum is a partner in the Government Contracts Department of McKenna Long & Aldridge based in the firm’s Los Angeles office. Over the years he has represented and counseled government contractors large and small from a broad and diverse array of industries, including aerospace and defense, engineering and construction services, environmental services, shipping and logistics providers and a host of related areas. His experience is significant in both contract and fraud contexts. He has marshaled contractor claims from cradle to grave, favorably leveraging a multitude of recovery theories in numerous for a including the ASBCA, CBCA, and Court of Federal Claims. Mr. Slattum has successfully challenged DCAA cost disallowances and unfavorable accounting and internal controls systems determinations and during his career has obtained cost recovery and defended claims in the context of Federal Acquisition Regulation (FAR) cost allowability, Truth in Negotiation Act (TINA), and CAS issues. He also has significant experience with investigating and resolving False Claims Act (FCA) allegations whether involving mandatory disclosure decisions, qui tam relator allegations or AUSA/IG investigations. Mr. Slattum is a frequent presenter and author on these issues.
Partner, Thompson Coburn LLP
Tim Sullivan is a partner in the law firm of Thompson Coburn LLP, where he serves as the Chairman of the firm’s Government Contracts department. A graduate of the University of Michigan and the Georgetown University Law Center, where he served as a member of the Georgetown Law Journal, Mr. Sullivan’s career began as a contract negotiator with the Central Intelligence Agency. Since 1975, he has focused his law practice on Government contract matters. Mr. Sullivan is member of the bars of the Commonwealth of Virginia and the District of Columbia, and he has been a member of the National Contract Management Association since 1975. He is a frequent lecturer on Government contract matters and has authored several articles.
Principal, Law Office of David J. Taylor, P.C.
David J. Taylor is the founder and principal of the Law Office of David J. Taylor, P.C. He has been in private practice since clerking on the D.C. Circuits, practicing in the fields of Government contracts, complex civil litigation, construction, international arbitration and commercial and trade law, communications and technology law. Currently, David counsels clients and litigates in the field of government contracts, with particular emphasis on bid protests, requests for equitable adjustment and claims, compliance programs, ADR and contract terminations. He has counseled a variety of both large and small businesses and not-for-profits on the full range of federal procurement issues. He has litigated many cases before the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, the GAO, the Boards of Contract Appeals (both Armed Services and Civilian Boards) and various agencies. He is an advocate of and very experienced in alternative dispute resolution (ADR) techniques. David has counseled clients and/or litigated in a variety of government contracts issue areas including: contract formation, “best value” analyses, contract changes and claims, teaming and joint venture arrangements, co-operative agreements, subcontracting, non-disclosure agreements, FOIA and Joint Venture requests, representations and certifications, commercial item contracting, foreign content regulations, suspension and debarment, Buy American Act issues, Foreign Corrupt Practices Act, novations, and a wide variety of small business and socioeconomic issues. David co-founded the HUBZone Contracting National Council (HCNC) in 2000 and has served as its General Counsel and on the HCNC Board of Directors since. He has experience in the development and implementation of internal compliance programs and internal investigations. He has also effectively employed the government contractor defense to protect contractor clients from claims made by third parties. David teaches courses on “Negotiation – ADR – Litigation” and “Terminations and Close-Outs” at PCI’s Masters’ Academy. He is also on PCI’s Board of Directors and its Executive Committee.
Associate, Smith Pachter McWhorter, PLC
Mr. Vadiee is an associate at Smith Pachter McWhorter. His practice focus is government contracts, commercial contracts and construction matters. Mr. Vadiee provides counsel to domestic and international clients on a wide range of contracting issues including contract negotiation, contract terms and conditions, bid protests, contract changes and claim preparation, contract termination settlements, regulatory audit and compliance and contract litigation. Mr. Vadiee has experience litigating contract disputes in federal and state courts and administrative bodies including before the Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals, the United States Government Accountability Office, the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit. Prior to law school, Mr. Vadiee was a contracting officer for a Department of Energy research laboratory and during law school clerked at the U.S. Government Accountability Office. Mr. Vadiee is an active member of the American Bar Association Section of Public Contract Law and the Federal Bar Association’s Government Contracts Section.
Director, Forensic Services, PwC
Mr. Viksnins is Director, Forensic Services at PwC. Peter has been with PwC, in Washington, D.C., since 1998 and has extensive U.S. and international investigations, litigation/arbitration support, and compliance consulting experience. Upon joining the Firm, Peter was immediately posted to Switzerland for one year for the Holocaust Asset Search in Swiss banks, the largest Forensic Accounting Investigation in history at that time. Peter has since performed forensic accounting investigations and compliance consulting engagements in a number of industries and on several continents. These include US Foreign Corrupt Practices Act (“FCPA”) investigations, acquisition-related FCPA due diligence, and anti-corruption compliance assessments/remediation engagements in the energy, manufacturing, technology, and health care industries, among others, in Western and Eastern Europe, the Middle East, Latin America, and Asia. Peter was seconded to PwC Singapore from July 2005 to July 2007 and led both local and regional investigations during that time.
Peter is a Certified Fraud Examiner and member of the Association of Certified Fraud Examiners. Peter holds a Master’s degree in International Business Diplomacy from Georgetown University’s Edmund Walsh School of Foreign Service and a Bachelor’s degree in Finance from the Georgetown University School of Business. Peter regularly presents seminars to clients, industry groups, and legal counsel, on FCPA and fraud-related topics, and has taught Corruption & Bribery, Post-Crisis Remediation, and both Basic and Advanced Investigations courses to PwC personnel. Peter’s articles on corruption, fraud, and computer forensics have been published in both PwC and external publications.
Partner, Government Contracting Consulting Services Group Dixon, Hughes, Goodman LLP
Bill Walter is a partner at Dixon Hughes Goodman, LLP. He holds a BS degree in Accounting from Penn State University and has more than 25 years of experience in cost accounting and financial management systems. He has an extensive background in the application and interpretation of rules, regulations, and standards applicable to Government contractors, including the Federal Acquisition Regulation, individual agency supplements to the FAR, the Truth in Negotiations Act and the Cost Accounting Standards. He began his career as an auditor for the Defense Contract Audit Agency (DCAA), where he was responsible for implementing micro-computers and training his fellow auditors and administrative staff to use major application software packages. As a faculty member of the GWU Government Contracts Program, he has developed and taught courses on Cost Reimbursement Contracting, Accounting for Cost on Government Contracts, Defective Pricing –
Hazards and Defenses, Government Contract Audits, Contract Pricing, and Contract Performance Management Tools. A member of the Virginia Society of Certified Public Accountants, Walter also presents to groups on current issues in the Federal procurement arena.
Mary Karen Wills
Director, Berkeley Research Group, LLC
Mary Karen Wills is a Director at Berkeley Research Group, LLC. Based in BRG’s Washington, D.C. office, Ms. Wills is an expert in the field of government contract accounting, administration, and compliance. Mary Karen Wills has over 25 years of experience providing consulting and financial advisory services to companies and organizations that range from middle market to the Fortune 100. Ms. Wills has in-depth experience with the Federal Acquisition Regulation (FAR), Cost Accounting Standards (CAS), and other federal government procurement regulations. In addition to often serving as an expert on matters related to contract cost reasonableness and realism, Ms. Wills has assisted organizations in a wide variety of industries with assessing respective Government contract and grant requirements and implementing accounting structures, systems and controls to facilitate compliance.
Partner, McKenna Long & Aldridge
Jason Workmaster is a Partner at McKenna Long & Aldridge. Jason focuses his practice on government contracts-related litigation, including civil False Claims Act (“FCA”) cases, bid protests, and contract disputes. He has represented a host of clients in these types of cases in U.S. District Court, the U.S. Court of Federal Claims, and the Government Accountability Office. Jason holds a J.D. from the Regent University School of Law, where he graduated summa cum laude in 2000, and a B.A. from the University of Florida, which was received magna cum laude in 1997.
Steven Young is Managing Director at Healthscape Advisors. Mr. Young has over 25 years of experience assisting healthcare clients with complex financial, contractual and regulatory compliance, systems and government contracting issues. His work focuses upon the quantification of the impact of historical contractual or regulatory compliance issues; investigations and disputes associated with those contractual or regulatory issues; preparation of proposals and pricing submissions under competitive and commercial pricing contracts; and various operational consulting projects related to process improvement or compliance within the healthcare industry. Young has had significant involvement in the Medicare, CHAMPUS and TRICARE programs since the early 1990’s and has assisted his clients in preparing successful bids for over a dozen major health related contracts valued in excess of $30 billion.
Partner, Wiley Rein, LLP
Ms. Zucker is a partner at Wiley Rein. She represents clients on all aspects of federal procurement law, including bid protests, contract disputes and claims, contract formation and administration, government investigations, suspension and debarment matters, False Claims Act actions, mergers and acquisitions, teaming and subcontract agreements, small business matters and federal marketplace opportunities. Her experience covers a wide variety of industries, including defense, intelligence, technology and software, government services, management consulting and private equity investment in government contractors.
President Contracting Matters, LLC
Gary B. Zura is currently a freelance consultant, specializing in training and advisory services in all aspects of contracting with the Federal Government. He leads his own consulting firm, Contracting Matters, LLC and has over forty years of experience in federal acquisition and contracting, having served in critical leadership positions for both Government and industry. He completed a 30-year career as a U.S. Air Force officer, retiring at the rank of Colonel, and served in a variety of positions in the United States and overseas, in several System Program Offices, in field Plant Representative Offices, and on several Headquarters’ acquisition policy staffs. Most recently, he retired from the Sandia Corporation, a Federally Funded Research and Development Center operating Sandia National Laboratories, where he provided the contracting leadership to manage the Management and Operating contract with the National Nuclear Security Agency. In 2003–2004, Mr. Zura served as the National President of the National Contract Management Association and is currently a member of its Executive Advisory Council and the Contract Management Leadership Development Program Committee. He is a Certified Professional Contracts Manager and an NCMA Fellow. Mr. Zura also serves on the Board of Advisors of the Public Contracting Institute.