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The New Age of Procurement Austerity: Implications of the Budget Control Act and Sequestration


Product Code - LGN01
Speaker(s): Elizabeth A. Ferrell, McKenna Long & Aldridge LLP; Henry J. Schweiter, McKenna Long & Aldridge LLP
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The faculty for this program will address (i) The current Federal budget situation and why the deficit and the debt ceiling are important; (ii) The Budget Control Act of 2011, including spending caps, the balanced budget amendment, the Super Committee, and Sequestration; and (iii) the impact budget cuts are expected to have on procurements.

Educational Objectives:

• Learn what contractors can expect now that the Super Committee has failed.
• Understand how budget cuts will impact procurements.
• Understand the limits on the government’s authority to make budget-driven changes to contracts.
• Learn how to prepare now for the inevitable.

Who would benefit most from attending this program?

Anyone doing business with the federal government or representing companies that do business with the federal government.

Program Level:  Intermediate

Elizabeth A. Ferrell, McKenna Long & Aldridge LLP; Henry J. Schweiter, McKenna Long & Aldridge LLP

Elizabeth A. Ferrell, Partner / McKenna Long & Aldridge LLP
Elizabeth Ferrell has almost 30 years of experience representing clients in every aspect of federal procurement. She counsels clients on a wide variety of issues including performance disputes, claims, regulatory compliance, data rights, funding, teaming agreements, cost accounting and audit issues, cost and pricing data issues and False Claims Act matters. Additionally, she has litigated a broad range of disputes including contract terminations, prime and subcontractor requests for equitable adjustments, bid protests, and prime and subcontractor disputes.

Ms. Ferrell is Chair of the Firm’s Terminations and Contract Restructures Group and focuses her practice on engagements involving contract claims, terminations, restructures, and close-outs. Ms. Ferrell has significant experience in developing effective strategies for addressing contract performance problems and taking steps to protect against a possible termination for default. Where a default termination has occurred, Ms. Ferrell has been successful in negotiating the conversion of the termination to a termination for convenience, and obtaining deferment of Government demands for the return of unliquidated progress payments. She has also been successful in challenging the propriety of default terminations in litigation and defending against Government claims for excess reprocurement costs. In addition, she is experienced in counseling clients on unique issues involving asset disposition, subcontractor settlements, and claims that arise when default-terminated contracts must be closed-out without Contracting Officer participation.

Ms. Ferrell also regularly represents clients in connection with partial and total terminations for convenience and close-outs after contract completion. As part of those engagements, she develops claims and provides counseling and client training relating to numerous legal issues, including funding limitations, incurred cost audits, cost recovery issues (such as idle facilities and mass severance), requests for equitable adjustment (to avoid loss adjustment or adjust fee), uncompensated investment, resolution of subcontractor claims, inventory transfer and disposal, classified information issues, and protection of intellectual property.

Ms. Ferrell earned a J.D. from the University of South Carolina Law School, Order of the Coif, and a B.A. from University of South Carolina, magna cum laude, Phi Beta Kappa.

Henry J. "Jim" Schweiter, Counsel / McKenna Long & Aldridge LLP
Henry J. Schweiter focuses his practice on Government Contracts and Government Affairs. He works with companies inexperienced in dealing with the federal government, as well as with established government contractors, in resolving contractual issues with the government and in the development and implementation of success oriented government affairs strategies. These strategies involve targeted legislative and regulatory solutions, media strategies, legal advice about government contracting opportunities, and business development. Mr. Schweiter is particularly knowledgeable about the programs and activities of the Departments of Defense, Energy, Homeland Security and Veterans Affairs.

Mr. Schweiter also represents clients who are under investigation by, or appear before, congressional committees, commissions, and federal agencies. His practice includes conducting internal investigations and the development and implementation of compliance programs. He also advises contractors regarding participation in the Defense Department’s disclosure program and compliance with the FAR’s mandatory disclosure requirements.

Prior to joining the firm, Mr. Schweiter served for 15 years in several senior positions with the Committee on Armed Services, U.S. House of Representatives, including counsel, general counsel and minority staff director. During that time, he was responsible for formulating and implementing legislative initiatives, media strategy, and parliamentary procedure related to the annual national defense authorization act and other legislation. Mr. Schweiter served as a liaison to the leadership, House and Senate committees, the White House, the Department of Defense, industry officials and private sector groups. As general counsel, he was the senior legal advisor to the committee chairman and members of the committee.

Mr. Schweiter earned a J.D. from the University of Toledo, College of Law and a B.A. from Gettysburg College. 

• Bloomberg BNA Subscriber - OnDemand format $199

• Non-Subscriber - OnDemand format $249

• CD recording of program $199 (Subscriber and Non-Subscriber)

 

Registration for Legal & Business programs is simple. You may either visit the registration page to register –or– call 1-800-372-1033, Option 6, and refer to the date and title of the program. Lines are open Monday through Friday from 8:00 a.m. to 8:00 p.m. ET.

 

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.