Public (and Private!) Contract Compliance Seminar (3:00 – 5:00 pm)

OFCCP Compliance and Audits — Christina Lewis, Partner, Hinckley, Allen & Snyder LLP

Contractors and subcontractors holding non-exempt federal and federally assisted construction contracts valued over $10,000 must comply with federal affirmative action requirements Recently, audits by the Office of Federal Contract Compliance Programs (OFCCP) have become more frequent and more comprehensive. During this session, Christina Lewis will discuss affirmative action obligations for federal and federally assisted contracts, including a summary of each law (Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974), an overview of what each law requires, DOL/OFCCP enforcement audits, and the risks of failing to comply.

Christina Lewis is the Labor and Employment practice group leader for the Boston office of Hinckley, Allen & Snyder L.L.P. She has focused her practice in representing management in all matters relating to employment law. Ms. Lewis regularly represents employers on issues relating to discrimination laws, personnel policies, sexual harassment, wage and hour law, employee terminations, non-compete and confidentiality agreements, and issues under the ADA and FMLA. Ms. Lewis also conducts seminars and training programs on a variety of employment topics, including discrimination prevention, and is a certified trainer in both fair employment practices and sexual harassment prevention by the Massachusetts Commission Against Discrimination (MCAD). Ms. Lewis is a member of the Massachusetts, Rhode Island, North Carolina, and New Hampshire bars.

DBE/Small Business Preference Update — Robert V. Lizza, Partner, Hinckley, Allen & Snyder LLP

Socio-economic preferences and set-asides are a fact of life on public and publicly-assisted construction projects. The crazy-quilt of DBE/MBE/WBE and Small Business requirements continues to pose a compliance challenge for large business general contractors as well as the small, minority, women, and veteran-owned businesses these laws are intended to benefit. Recently, in a series of high profile cases, the government has called into question a number of historical practices that contractors have employed to meet set-aside goals. How does a contractor document its “good faith” efforts to meet the goals of these programs? What are the elements of a “commercially useful function?” Where is the line drawn between permissible assistance and providing too much assistance? Bob will provide an update on the latest developments, trends, and best practices in this contentious area of the law.

Robert Lizza is the Co-Chair of the Construction and Public Contract Group at Hinckley, Allen & Snyder LLP. Bob concentrates his practice in construction and government contract law, with an emphasis on dispute resolution, contract drafting and negotiation, compliance and risk management counseling, and general business advice to contractors and owners. Bob regularly advises public contractors on procurement and compliance issues, including the Federal Acquisition Regulations and state procurement laws; small business, MBE/WBE, and other socio-economic preferences; business ethics policies; and false claim avoidance. Bob is a past member of the Board of Directors of the Associated General Contractors of Massachusetts (1997-1999, 2008-2009).

Contracting with the Government (and Others) in a Changing Environment – Frank Summers, Ernst & Young LLP and Executive Director & Steven Tremblay Ernst & Young LLP- Executive Director.

The public contracting climate is changing and, in some cases, so is the climate in private contracts. Frank and Steven will share their thoughts on a number of public contracting and accounting topics, including DCAA-Contractor Internal Audits and state and federal False Claim Act compliance, as well as anti-fraud developments in the private sector.

Frank Summers is an Executive Director in Ernst & Young LLP’s Government Contract Services (GCS) practice in Boston. Prior to joining GCS, Frank had thirty three years experience in government contracting with the Defense Contract Audit Agency (DCAA). His last position with DCAA was Agency Deputy Director where he shared responsibility for overall management of the Agency. He was on DCAA’s Executive leadership team for over sixteen years and as such contributed to DCAA’s policy development. Frank has both practical experience and knowledge in the areas of Cost Accounting Standards, cost allocation, applicable government contract systems, government auditing procedures, and associated Federal Acquisition Regulation (FAR) contract provisions to include cost principles. Frank frequently meets with Department of Defense (DoD) Acquisition Executives to discuss Acquisition policy and lessons learned from other/earlier acquisitions. His views, based on experience gained, were instrumental in planning many major acquisition procurements or the associated follow-on awards.

Steven Tremblay is an Executive Director in Ernst & Young’s LLP’s Government Contract Services (GCS) practice in Boston. Steven performs a variety of services offered by Ernst & Young to assist clients and their legal counsel in contracting with the Federal Government in the areas of accounting and contract compliance. These services include analysis of indirect rates and cost allocation plans, review and preparation of policies and procedures, assessments of key business systems, research and analysis of Cost Accounting Standards (CAS) related issues, resolution of disputes involving CAS and Federal Acquisition Regulations (FAR), as well as contract case law research to support client positions. Before joining Ernst & Young, Steven worked for fourteen years with Hamilton Sundstrand Space Systems International, Inc. (A United Technologies Company)

Economic Presentation (6:00 – 8:00 pm)

The Dog Ate My Home — Anirban Basu, Chairman & CEO, Sage Policy Group

Using the most current data available from credible sources, Mr. Basu will examine the state of the current economic recovery across the nation, region, and state from the perspective of labor, financial, housing and other key markets. Specifically, he will provide an analysis on how key economic indicators impact the construction industry. He will also provide an economic forecast for the year to come, which will feature a discussion of the impacts of the election results on economic and fiscal policy.

Anirban Basu is Chairman & CEO of Sage Policy Group, Inc., an economic and policy consulting firm in Baltimore, Maryland. Mr. Basu is one of the Mid-Atlantic region’s most recognizable economists, in part because of his consulting work on behalf of numerous clients, including prominent developers, bankers, brokerage houses, energy suppliers and law firms. On behalf of government agencies and non-profit organizations, Mr. Basu has written several high-profile economic development strategies. Among other things, Anirban serves as the chief economist to Associated Builders and Contractors (national) and as chief economic adviser to the Construction Financial Managers Association. He currently lectures at Johns Hopkins University in micro-, macro-, international and urban economics. In 2007, Mr. Basu was selected by the Daily Record newspaper as one of Maryland’s 50 most influential people. The Baltimore Business Journal named him one of the region’s 20 most powerful business leaders in 2010. Mr. Basu earned his B.S. in Foreign Service at Georgetown University in 1990. He earned his Master’s in Public Policy from Harvard University’s John F. Kennedy School of Government, and his Master’s in Economics from the University of Maryland, College Park. His Juris Doctor was earned at the University of Maryland School of Law in 2003.