Government Contracting in a Tech-Savvy World October 30-31 2014 InterContinental Miami Miami, Florida
2014 Fall Program Government Contracting in a Tech-Savvy World October 30-31, 2014 InterContinental Miami Miami, Florida ANNUAL & QUARTERLY PROGRAM CHAIRS: Paul F. Khory, Wiley Rein LLP Annejanette H. Pickens, General Dynamics Advanced Information Systems FALL PROGRAM CHAIRS: Stan R. Soya, Baker Botts LLP Oliya S. Zamaray, Rogers Joseph O Donnell, PC PROGRAM OVERVIEW: Government procurement of commercial and non-commercial products and services is increasingly requiring more technical data rights, electronic reporting and retention of data, and controls on the supply chain. As acquisition moves online, off the grid, or into the cloud, what do you need to know to safeguard valuable intellectual property, as well as mission and business critical infrastructure, all while navigating the evolving regulatory compliance regime? Hear subject matter experts from Government and industry examine and explain how government contracting operates in an increasingly tech-savvy world. Understand the vehicles the Government uses to transfer technology, and associated challenges. Hear how the data rights disconnect between commercial practices and Government expectations affects software, hardware, and cloud computing procurements. Learn how acquisition methods are being used to achieve cybersecurity. Gain insight into the continuing evolution of supply chain management into a vital compliance function for government contractors that oversee suppliers and subcontractors on a global basis. Discover how patent disputes with the Government are resolved and litigated. And consider how this rapidly evolving regulatory regime affects contractors compliance and Government enforcement efforts. Join us for the Fall Program in Miami, and get ahead on the hottest issues in technology procurement!
The Section gratefully acknowledges the very generous support from the following sponsors of this year s Fall Program: GOLD SILVER 2
PROGRAM DRAFT: THURSDAY, OCTOBER 30, 2014 4:30 p.m. to 6:30 p.m. Practicum-- Vehicles for Working With the Government to Transfer Technology Paul J.Ehlenbach, Panel Moderator, Lawrence Livermore National Laboratory What are the available vehicles for transferring technology from FFRDCs (Federally Financed Research and Development Centers)? Practical issues that arise under Cooperative Research and Development Agreements (CRADAs). How to utilize the DOE s Agreement for Commercializing Technology (ACT) Program to broaden technology transfer opportunities. 6:30 p.m. to 8:00 p.m. Reception hosted by PwC FRIDAY, OCTOBER 31, 2014 8:30 a.m. to 10:00 a.m. Commercial Items & Rights in Technical Data and Computer Software Nicole J. Owren-Wiest, Moderator, Wiley Rein LLP Disconnects between commercial practices and Government expectations. Government rejection of standard terms and conditions in commercial computer software licenses and EULAs as inconsistent with federal procurement law or the Government s needs; commonly rejected / offensive provisions. Incentivizing commercial entity investment and participation in the DoD marketplace. Working with a more aggressive government customer and the impact on the commercial supply chain. Industry practices for implementing an open systems approach to product development and DoD initiatives and experiences for implementing an open systems approach on weapon acquisition programs. Technical data and software rights challenges from a small business perspective. Source selection criteria impacts. The current data rights regime in a cloud-computing environment. 3
10:15 a.m. to 11:45 a.m. Supply Chain Security Michael W. Mutek, Moderator Details: Tainted Parts where cyber and supply chain security converge Understanding supply chain attack vectors New FAR reporting obligation and DFARS (new 818 regulations) Sec. 806 DFARS to protect supply chain against supplier risk GSA/DoD Supply Chain Assurance Measures Software assurance Use of Acquisition Methods to Achieve Cyber and Supply Chain Security Review of present DoD, GSA, and other agency requirements Qualification of Trusted Suppliers and demonstration of System sufficiency Issues of oversight and administration Discuss Section 806 exclusionary authority (i.e., DoD can exclude a company from competition and can waive the requirement to inform that company). Authority has now been extended to intelligence community and DOE high-risk programs. Security of Cloud Computing Senate Armed Services Committee reached out to large contractors with data breaches to determine how those contractors responded; address what they did to correct the issues. Discuss GSA requirement of compliance with FedRamp Program as of June 1 in all solicitations for cloud computing capability. 12:00 noon to 1:30 p.m. Luncheon Program Keynote Speaker: TBD 1:45 p.m. to 3:15 p.m. Patent Disputes / Litigation David Schlitz, Panel Moderator, Baker Botts LLP There has been a tremendous increase in private patent infringement cases (from 4,000 annually to 8,500), but no corresponding increase in cases against the Government under 28 U.S.C. 1498. Why? Review the basics of patent infringement cases against the Government. Explore the rationale for bringing a 1498 case against the Government, the rationale for not doing so and alternatives to litigation. 4
Discuss and analyze recent decisions that impact 1498 litigation: Intervention by third parties; U.S. Court of Federal Claims ability to exercise subject matter jurisdiction over thirdparty defendants under Rule 14; and Government contractor immunity for patent infringement suits under 1498. 3:30 p.m. to 5:00 p.m. Fraud Brian D. Miller, Moderator, Navigant Consulting Recent cases involving tech issues and sales of counterfeit electronic parts. Will the Government bring more cases like the Honeywell FCA case? Collecting, analyzing, transferring, and storing e-data and the use of technological equipment and software. Big Data issues (i.e., responding to e-discovery or uploading to online data room, dealing with big data in the course of investigations and other issues). 5:00 p.m. to 7:00 p.m. Section Reception 7:15 p.m. to 9:00 p.m. No Host Dinners at Restaurants Near Hotel 5