The Course Curriculum
Karen L. Manos is Co-Partner in Charge of the Washington, D.C. office of Gibson, Dunn & Crutcher LLP. She has more than twenty-five years experience in government contracts, including complex claims preparation and litigation, civil and criminal fraud investigations and litigation, qui tam suits under the False Claims Act, defective pricing, cost allowability, the Cost Accounting Standards, suspension and debarment, bid protests, and corporate compliance programs. In November 2004, Ms. Manos was named by Legal Times as one of twelve "Leading Lawyers" in government contracts in the Washington, D.C. area. Each year since 2006, Ms. Manos has been nationally ranked by Chambers USA in the Government Contracts category, and is one of only three lawyers in the nation who are "spotlighted" in the category Government Contracts: Costs Disputes.
Ms. Manos graduated in the top two percent of her class from the U.S. Air Force Academy (B.S., distinguished graduate, 1981), and first in her class from the Duke University School of Law (J.D., with highest honors, 1986), where she was a Note Editor for the Duke Law Journal. Before entering private practice in 1995, Ms. Manos served as an Air Force judge advocate, and had assignments with the Defense Contract Management Agency, the Air Force Space & Missile Systems Center, the Defense Information Services Agency, and the U.S. Attorney's Office for the District of Columbia.
Ms. Manos is the author of the two-volume book, Government Contract Costs & Pricing, which is widely recognized as the definitive text in the area. She is also the Editor-in-Chief of both the Public Contract Law Journal and the Costs, Pricing & Accounting Report. In addition, Ms. Manos currently serves as Chair-Elect of the American Bar Association Section of Public Contract Law and Vice-Chair of the National Defense Industrial Association Procurement Planning Committee.
Areas of discussion: The opening session includes an overview of the Institute including new developments in Government Contract Costs and Cost Accounting Standards. The CAS Board: Make-up: operating procedures and rules; actions, promulgations to date; agenda for the coming year.
Michael E. Steen, Certified Public Accountant, is a Senior Managing Consultant at Beason & Nalley, Inc. in the Government Contract Consulting Group in Huntsville. Prior to joining Beason & Nalley, Mike was employed with DCAA and has over 30 years experience. As a senior executive with DCAA over the past several years, Mike was responsible for the management of audits of approximately $25B annually and management of agency resources approximating 800 employees. Mike was also involved in conducting or managing a variety of compliance audits, to include cost proposals, internal controls and related systems, Cost Accounting Standards, claims, defective pricing, and special programs. He was also actively involved in contract disputes and litigation. He has lectured extensively at DCAA and to business and community leaders. Mike also served as a member of the Executive Steering Committee for DCAA during his tenure as a Regional Director.
Areas of discussion: Identify current trends and initiatives in government contract auditing that could impact your business. Explore the changing role of DCAA in an acquisition reform environment. Address significant prompt payment and contract closeout issues resulting from DOD's transition to a new contract administration and payment system.
James W. Thomas is a Partner in the Government Contractor Consulting Practice of PricewaterhouseCoopers, LLP in Washington, DC. He specializes in the unique financial and accounting requirements of government contracts. Mr. Thomas provides advice to clients on strategies for organizational structures, systems to meet the estimating and accounting requirements of the Federal Acquisition Regulation and strategies for proposal pricing. He provides expert accounting services to law firms representing clients involved in government contract disputes such as acquisition purchase price disputes, bid protests, defective pricing, cost recovery claims, labor charging and other accounting disputes. He has provided expert testimony in cases involving cost disputes and in bid protest cases. He has a Bachelor of Science degree in Accounting from the Pennsylvania State University and is a Certified Public Accountant in Virginia.
Areas of discussion: Understanding and living with the conflicting rules on allowability and allocability. Discussion of the FAR approach to allocability, including a discussion of FAR 31.201, 202, 203, and parts of 205. Comparison of the FAR with the CAS approach to allocability as set out in the standards and the Board's concepts statement. Analysis of how the courts have decided allocability issues and conflicts between FAR and CAS. Insights into how the new CAS Board may be handling the problem and other thorny issues it now faces.
Stephen D. Knight is a Partner in the Vienna, VA law offices of Smith Pachter & McWhorter, PLC. Specializes in a variety of government contracts issues. He has substantial expertise in the area of claims and disputes, including defective specifications, delay and disruption, changes, and contract interpretation. Handles matters involving complex questions of government contract cost accounting, cost allocability, cost allowability, material accounting, labor accounting, contract payment, and defective pricing. Has advised clients on sensitive issues of government contract compliance, disclosure, and the government's right of access to records. Substantial experience in the area of procurement fraud. This experience includes the representation of clients during grand jury and Inspector General criminal investigations, as well as civil investigations, and litigation pursuant to the Civil False Claims Act and its Qui Tam provisions. Bachelor of Arts, with honors, elected to Phi Beta Kappa, and Juris Doctor degrees from the University of Virginia.
Areas of discussion: The cost principles and Cost Accounting Standards relevant to the various organizational forms. CAS 403, 410 and 418. Allocability and allowability rules applicable to parents, subsidiaries, segments, divisions, cost centers, joint ventures and teaming arrangements. Cost consequences of changes from takeovers, purchases, sales, combinations, split ups, start ups and shut downs. The rules governing transactions between organizations in areas such as supplies, services and leases.
Terry L. Albertson is a Partner in the Washington, D.C. law firm of Crowell & Moring LLP, specializing in Government procurement law. Mr. Albertson is active in a number of trade and professional organizations. For several years, he served as Chairman of the Committee on Accounting and Cost and Pricing of the Public Contract Law Section of the American Bar Association. A member of The Government Contractor Advisory Broad, he has written and lectured frequently on Government procurement issues, with special emphasis on cost allowability issues, multiple award Federal Supply Schedule contracts, and issues related to fraud, debarment, and suspension. He received a Bachelor's degree from Georgetown University, magna cum laude, a Master's degree from Yale University, and a law degree from Harvard Law School, cum laude,. He is a member of the Bars of State of Maryland and the District of Columbia.
Areas of discussion: FAR cost principles - Precontract costs: IR & D: B&P and CAS 420; environmental cleanup costs; public relations vs. marketing vs. direct selling costs; professional and consultant service costs; employee compensation, including uncompensated overtime and accounting for, and "termination" of fully funded pension plans - CAS 412 and 413 implications; cost and CAS issues as defective pricing problems.
Louis Rosen is the president of Potomac Partners R & M, LLC, and the founder and former national director of Ernst & Young's Government Contract Services. He is a leading adviser to companies doing business with the government. Prior to joining Ernst & Young, Mr. Rosen served as associate director of the Cost Accounting Standards Board. In this role, he contributed significantly to Cost Accounting Standard 410, "Allocation of Business Unit General and Administrative Expenses to Final Cost Objectives," Cost Accounting Standard 418, "Allocation of Direct and Indirect Costs," and the definitions of "Cost Accounting Practice" and "Change to a Cost Accounting Practice."
Mr. Rosen has worked closely with government procurement and audit agencies, industry associations, the accounting profession, and legal counsel. A frequent speaker on government contract issues in forums across the country, he is co-author of a widely used handbook, Government Contract Accounting.
Areas of discussion: Accounting for the costs of assets. Issues generated by mergers and acquisitions. Evaluation of assets, appropriate use of stepped-up basis, DCAA gain recapture theories, and novation agreements precluding costs being allocated to pre-existing contracts. Allocating special tooling and test equipment costs. Direct vs. indirect costs: Appropriate procedures and accounting practices. Cost accounting practices vs. estimating practices. The impact of organizational changes. Planning for changes in cost accounting practices.