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Legislative and Regulatory Update

Legislative and Regulatory Update. Insourcing Inherently Governmental and Critical Functions Conflicts of Interest - Personal and Organizational Susan Warshaw Ebner March 27, 2010. Insourcing. A Never-Ending Pendulum Efficiency and Funding Issues

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Legislative and Regulatory Update

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  1. Legislative and Regulatory Update Insourcing Inherently Governmental and Critical Functions Conflicts of Interest - Personal and Organizational Susan Warshaw Ebner March 27, 2010

  2. Insourcing A Never-Ending Pendulum Efficiency and Funding Issues A-76, The FAIR Act, DOD IG Report (D-2008-111 in 2008) Now Tied To Inherently Governmental, COI Concerns What is Mission Critical? Where are Skill Gaps?/ How Will Accomplish? Focus In This Administration and On Hill – Current Initiatives DOD Authorization Act FY ’10, PL 111-84, Sections 321 et seq., … Obama EO – Government Acquisition Gordon – Tools Coming Assad – Positions Are Being Brought In House; Contractors Are Being Cut!!

  3. Inherently Governmental and Critical Functions • Ties to Insourcing, COI, PCOI • Key Questions -- How To Define? Evaluate? Implement? • Congress – What’s It Doing? • Need Build Appropriate Core / Corps – Assad, Gordon • New Regulations Being Proposed End of March - Gordon • What is Inherently Governmental? • What is Closely Related to Inherently Governmental • What is Critical?

  4. Conflicts of Interest – Personal and Organizational Traditionally Addressed in FAR Parts 3.1 and 9.5 Prevent Conflicting Roles Prevent Bias Prevent Unfair Competitive Advantage OCI / PCOI – Identify, Avoid, Neutralize, Mitigate Hot Button Issue For This Administration Obama EO – Ethics in Government “Rules” TARP OCI and PCOI Rules in 2009 Focus of GAO Studies, Reports and Protests, OFPP, DOD FAR Case 2007-017 Service Contractor PCI Congress - DOD Auth. Act ’09, Sec. 841 and FAR Case 2008-018 OCI FAR Case 2008-025 Preventing Contractor Employee PCIs – Comments In, COMING SOON!!!

  5. Predictions 2010 – A Year For Setting Standards 2010 and on – Implementation A Rocky Road Ahead

  6. Contact Susan Warshaw Ebner* Buchanan Ingersoll & Rooney PC 1700 K Street, NW, Suite 300 Washington, DC 20006 Tel: (202) 452-7995 Email: susan.ebner@bipc.com *Not admitted to practice in California

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