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I N S I D E T H I S I S S U E
1 President’s Message
2 Your New Year’s
Resolutions
3 Kappel Recognized
by NCMA
4 Not Your Ordinary
Book Club
5 CART Meetings
6 Webinars/Seminars/
Workshops
10 December Social
11 Toys for Tots
12 Calendar of Events
14 Board of Directors,
Advisors & Chairs
December 2013 Volume 9 Issue 2
http://www.ncmasd.org
NCMA News
San Diego Chapter
President’s Message
by Theresa Robinson Harris, CPCM, and Chapter Vice President on behalf of Mark C Cook, Chapter President
As we approach the upcoming holiday season we are reminded of the true spirit of the holidays and what it means to give back to those who are less fortunate. Since 2012, NCMA San Diego has been helping the United States Marine Corps achieve its mission of delivering new unwrapped toys as Christmas gifts to less fortunate families and children in need. The goal of the program is to deliver a message of hope to these less fortunate youngsters that will assist them in becoming responsible, productive, patriotic citizens. We have asked you, our members, to help us help them and you listened! Last year the Chapter collected and donated over 70 toys to this cause thanks to your individual contributions. So far this year you have answered our call once again and have donated not just toys but also money which will help us provide more toys for these children as we aim to make their holidays a bit merrier.
If you haven’t donated yet but it is in your heart to do so, don’t despair as there is still an opportunity for you to contribute. As you may already know, the chapter is hosting a holiday social at the Black Angus restaurant on December 18, 2013. We use this event as an opportunity to say thank you to our members for allowing us to serve you. We sincerely hope that more of you will join us this year! The event is free to NCMA members plus one guest and as I mentioned earlier, it is also an opportunity for you to bring an unwrapped gift appropriate for children ages 1-14 to be donated to the U.S. Marine Corps Reserve and Toys for Tots in their efforts to bring more joy to San Diego children during this holiday season. To RSVP please send an email to [email protected]. Also check our website for additional information. On behalf of the Board of Directors I wish you all happy holidays and we look forward to seeing you on December 18!
Page 2 NCMA News – San Diego
Your New Year’s Resolutions
by Theresa Robinson Harris, CPCM, and Chapter Vice President; and Maurice Caskey, CFCM, CCCM, Fellow, and Chapter Advisor
Almost everyone, at one time or another, has made a New Year’s resolution. These often are an effort to correct something that needs correction or provide an impetus to do something to improve the resolver’s life. Resolutions for improvement can be for both personal and professional goals. One of the goals of the local NCMA chapter is to enhance the capabilities of contract management professionals. If you are a member of NCMA, you probably fall in this category. The San Diego Chapter develops annual training programs geared towards helping its members further their individual career objectives, such as obtaining one of the various certifications offered by NCMA or increasing their knowledge in the several areas of the contract management practices. The best way to take advantage of these opportunities is to attend Chapter-sponsored events. As we look forward to the start of 2014, we challenge you to make a commitment: get involved at a deeper level with the local chapter by attending more events! These chapter events will not only help you update your knowledge of contract management, but they will also help you keep abreast of changes within the profession. In addition, the events provide a unique opportunity to network with your fellow contract management professionals. Here are the events we have planned for the remainder of the program year in 2014. Events will be scheduled for the second half of 2014 when the next program year schedule is prepared. January We will start the New Year with a workshop on Department of Defense (DoD) priorities; Captain Scott Hoffman, the SPAWAR Deputy Director of Contracts, will be the speaker. This will be a good opportunity to learn how SPAWAR is contracting in today’s DoD funding environment. February Brian Greenberg, Government Contracts Director at ViaSat, will walk you through a presentation on Street Smart Pricing. This is an all-day event that will be held at ViaSat in Carlsbad. March Steve Purcell, Sr. Contracts Manager, Commercial and Government Contracting at ViaSat will, discuss subcontracting from the prime’s perspective. April NCMA will join forces with Association of Government Accountants (AGA) to bring you the annual joint-seminar. This year’s topic will be Billing Systems. This panel discussion will feature panelists to provide both the government and industry perspectives. May A representative from the Department of Labor (DoL) will discuss transitioning Service Contract Act employees. Many of you may already be dealing with this new requirement and the DoL will help us understand what is required of contractors in this regard.
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June A seminar on the Uniform Commercial Code (UCC) and contracting within the commercial environment will provide useful information to the NCMA members who are in the private sector and deal with non-U.S. Government contracts as well as prime contractors with subcontracts that fall under state law, which follows the UCC.
As you can see, a wide array of topics and issues will be covered in 2014. Now is the time to make your New Year’s resolution to attend as many of the workshops and seminars as possible to broaden you knowledge of the contracts management profession. We look forward to seeing you at one of our upcoming events!
Courtney Kappel Recognized by NCMA
by Theresa Robinson Harris, CPCM, and Chapter Vice President
Award Recipients (Courtney in middle back row)
The NCMA San Diego Chapter extends warm congratulations to its very own Courtney Kappel, who will be awarded the NCMA Top Professionals Under 40 in Contract Management Award! Courtney was selected to be among an elite group of 25 individuals who received this top honor at a reception held at the Washington Marriott Wardman Park Hotel in Washington, D.C., on November 17, 2013. The Top Professionals Under 40 in Contract Management Award was established to recognize the top performers in the contract management profession who are under the age of 40. These individuals are considered to be the future of the contract management profession. For more information about this award program please see the NCMA headquarter website.
exams, and planning and executing the Chapter’s workshop and seminar program. She earned a BS in Business Administration and MBA from the University of Baltimore and a Master Certificate in Commercial Contracting from Villanova University. Congratulations Courtney for a job well done!
Courtney is a Contract Manager at ViaSat, Inc., in Carlsbad. She has been involved in the contract management profession since 1999. She is a Certified Professional Contract Manager (CPCM), a Certified Federal Contract Manager (CFCM), and a Certified Commercial Contract Manager (CCCM). She currently serves as the Education Director for the San Diego Chapter, where she works with members to identify educational opportunities to help facilitate career advancement. This includes the development and coordinating of various study groups to help members prepare for certification
Page 4 NCMA News – San Diego
Not Your Ordinary Book Club
NCMA San Diego Members Tackle the FAR
by Courtney Kappel, CPCM, CFCM, CCCM, and Chapter Education Director
Studying the four-pound Federal Acquisition Regulation (FAR) may seem overwhelming for some, but this Fall over 20 brave Chapter members took on the challenge of mastering the 1,800-page book.
On November 21 an eight-week study group for the Certified Federal Contracts Manger (CFCM) exam concluded. The study group welcomed contracts professionals seeking their CFCM credential as well as those just looking to enhance their understanding of the FAR. The curriculum consisted of the 46 parts of the FAR that are covered on the CFCM exam. Each week participants from the study group were responsible for reading from the CFCM Study Guide, 2nd Edition and for preparing and sharing a multiple choice question. Study group sessions were held on Thursday nights and were facilitated by industry experts who volunteered their services to the Study Group.
Members of the CFCM Study
“The CFCM Study Group has gone above and beyond the promise that participants will learn more about the FAR. Between the highly experienced volunteer instructors and the weekly homework group participants have remained actively engaged since the first week which increases the effectiveness of the study group,” says Cristina Ramirez, a Contracts Administrator with ViaSat, Inc. and study group leader. NCMA San Diego is pleased to have offered this Study Group at no cost to its members. Special thanks go to Ray Chalupsky, Lee Davis, Rese Farrish, Jack Friery, Brian Greenberg and Quyen Tran who volunteered their time to facilitate Study Group sessions. The Chapter would also like to express its gratitude to ViaSat, Inc. for hosting the study group and to Cristina Ramirez for facilitating with homework assignments and other administrative duties. Through participation in the study group, individuals received up to 16 Continuing Professional Education (CPE) credits. To learn more about the CFCM credential or other certification opportunities log on to www.ncmahq.org/ProfessionalDevelopment or email [email protected].
Page 5 NCMA News – San Diego
Join Our NCMA San Diego CART Meetings! The San Diego chapter has CART (Contract Administrators' Round Table) meetings to provide contract professionals a forum to ask any question, present any situation/problem, share a lesson learned, and get an answer or feedback from a variety of viewpoints. The San Diego NCMA North County CART meeting held on 23 October 2013 at ViaSat offered the participants to share their knowledge and experiences related to:
• The new Fixed Fee Payment clause- 85% limit- When does it apply? • Travel Reimbursement and Per Diem Rates. Which city applies. • Potential Small Business collusion in bidding IDIQ task orders. • IP rights related to Test Reports: who owns them. • FAR 12 and FAR 15 – Can a contract have both provisions? • Subcontract flow-down clauses: Do these apply to inventory purchases?
Special thanks to Mr. Kevin McMillan, Administrative Contracting Officer DCMA San Diego, WSSAPfor participating in the October CART meeting. As many of you know, the original intent of the CART meetings established back in 2000, was to provide an informal forum for both Industry and Government contracts professionals to engage each other and share challenges, questions, and lessons learned regarding the full spectrum of Government contracting from both the Government and Industry perspective. I strongly encourage all ACO’s, PCO’s and Government Contract Specialists to participate in the CART meetings. I have found that everyone in the meeting realizes a greater learning experience and the discussions that take place is invaluable. Thanks to all who attend these very interesting sessions and to all who joined in the lively conversation. Kearny Mesa CART WHEN: 2nd Wed of each Month 7:30-8:30am COST: Free, including pastries, coffee and other light refreshments WHERE: KES, 9325 Sky Park Court, Suite 300, San Diego, 92123 RSVP: [email protected] North County CART WHEN: 4th Wed of each Month, 12:00-1:00pm COST: Free, lunch is provided WHERE: ViaSat Inc., 6155 El Camino Real, Carlsbad, CA 92009 DIRECTIONS: Take Palomar Airport Road exit off I-5, go east to El Camino Real. Turn right, ViaSat is on the right (west side of the road). No Camera phones allowed on-site at ViaSat. RSVP: [email protected]
Page 6 NCMA News – San Diego
Webinars/Seminars/Workshops
September Event
“Government Claims”
by Victoria Marin, Chapter Publicity Chairperson
In September, our San Diego Chapter hosted the Workshop, “Government Claims – Zero Hour: When Does the Clock Start Ticking?” Our presenter was Ms. Nancy Dix, is a partner in the Government Affairs Practice group here in San Diego. Nancy represents clients in a broad range of government contract matters including bid protests, claims, disputes and appeals. Nancy started off her presentation with a Bullwinkle illustration of a broom sweeping up after a parade of elephants. This illustration was to emphasize how Nancy does not usually experience the exciting times during contract performance but comes into help clean up after a mess or dispute between the government and contractor. The presentation began with the most important thing to know before becoming involved in a claim: “Know the Statue of Limitations” and the “Accrual of the Claim”. Under the Contracts Disputes Act (CDA), the government has six years to bring a claim after it’s “accrual”. According to FAR Part 33, definition of an “accrual”, claims accrue when all events that fix the alleged liability “were known or should have been known”. In other words, if a Government contract claim is not filed within the six-year period, the claim is dismissed.
Nancy Dix, Speaker The claims that are filed are usually found by the Defense Contract Audit Agency (DCAA) who performs the necessary audits for the government. The audit period begins with the submission of the Incurred Cost proposal. The objective of these audits is to determine whether these costs are reasonable in accordance with the GAAP & CAS (allowable). Ms. Dix reviewed recent case law in which the decisions varied in favor of the contractor or government. Case law serves as decision
Nancy Dix, Speaker templates for later cases with similar claims. In one
NCMA News – San Diego Page 7
Continued from Page 6
case, there were years of settlement discussions and an appeal by the contractor. By the time the
government filed a claim, it was well beyond the six-year statute of limitations. Thus the contractor was not obligated to pay the amount listed in the claim. A lesson here is that settlement discussions do not stop the six-year time limit from running. Contractors should keep the six-year time limit in mind during the negotiations and if a settlement hasn’t been reached, ensure that any claims are filed before the period is over.
John Rigas (Ms. Dix’s Associate), Courtney Kappel, NCMA Education Director, and Nancy Dix
October Event
“FAR Overview and Review Seminar Series” by Michael S. Oberski, Community Service Chairperson
A seminar on October 16 featured our very own, highly experienced Jim Southerland, who presented the San Diego Chapter with an informative review of the Federal Acquisition Regulation (FAR), Parts 1 through 30. For both someone new to Contract Administration and for the seasoned pro, this half-day seminar hit upon the key points in each of those FAR parts, gave us valuable insight into the reality of dealing with FAR requirements, and many contracting insights from Jim’s years of service. The seminar was held at the Four Points Sheraton which provided a nice breakfast for the 56 attendees, who included private industry and our U.S.
Jim Southerland, Speaker Government Contracting partners.
Another lessoned learned from case law teaches that a contractor should also be on the lookout for agreements with the Government that agree to extend the limitations period. Even though you believe you are protected by this agreement, the parties cannot agree to extend the time limit. Thus, from the moment the claim has accrued, both parties have only six years to assert their claims. Whether you are a government employee or contractor, you must remember to always be aware of the clock!
The event was the first of two sessions on the FAR. The second session will continue with FAR Parts 31 through 53. If you missed the first session, please consider signing up for the second half, which will cover cost principles, unallowable costs, bid protests, disputes and claims, contract changes, subcontracting, termination and contract closeout.
Page 8 NCMA News – San Diego
Continued from Page 7
The November 20th seminar kicked off our NCMA San Diego Chapter Toys for Tots drive. The mission of the U. S. Marine Corps Reserve Toys for Tots Program is to collect new, unwrapped toys, during, October, November and December each year, and to distribute those toys as Christmas gifts to less fortunate children in the community in which the campaign is conducted. Please consider bringing a toy for this event to donate to our community drive.
Jim Southerland and Courtney Kappel
For many of us in the contracting community there is a desire to excel in our field; maybe these words are an inspiration,
“In a time of turbulence and change, it is more true than ever that knowledge is power”
- John Fitzgerald
Audience attending FAR Overview and Review Seminar Series held at Four Points Sheraton
NCMA News – San Diego Page 9
Continued from Page 8
November Event
"FAR Overview and Review Seminar Series Part II”
by Lee Davis, CPCM and Chapter Advisor
Jack Friery, Speaker
Audience attending FAR Part II Seminar
The second in the FAR Overview and Review Seminar Series was held on November 20th at the Sheraton Four Points. This second session was presented by Mr. Jack Friery, a lawyer in San Diego specializing in business and Government Contract law as well as an NCMA Chapter Advisor and Fellow. The session covered FAR Parts 31 through 53, a wide variety of FAR topics including cost principles, bid protests, disputes and claims and contract changes. This second session in the series was well attended by industry and the relevant professional information was well received by those in attendance.
Mr. Friery’s presentation provided comprehensive coverage of the FAR and detailed specific issues that contract management professionals might encounter. As the FAR is comprehensive, complex and continually changing, all contract professionals need to have detailed working knowledge of the FAR. The two FAR seminar sessions were provided to help contract professionals develop and refine the skills necessary to apply the FAR.
Page 10 NCMA News – San Diego
NCMA News – San Diego Page 11
Page 12 NCMA News – San Diego
JULY 2013 – JUNE 2014 CALENDAR OF EVENTS
Workshops Date & Time Location Topic Guest Speaker(s)
Wed., Jan. 15 11:30am – 1:00pm
Sheraton Four Points Contracting with SPAWAR (including a Tripwire updated among other topics)
Capt. Hoffman
Wed., March 19 11:30am – 1:00pm
Sheraton Four Points Subcontracting from a Prime’s Perspective Steve Purcell
Wed., May 21 11:30am – 1:00pm
TBD Transitioning Service Contract Act Employees Department of Labor
Seminars Date & Time Location Topic Guest Speaker(s)
Wed., Feb. 19 8:30am – 4:00pm
ViaSat, Inc.
Street Smart Pricing Brian Greenberg
Wed., April 16 8:30am – 11:30am
Sheraton Four Points Billing Systems (in conjunction with Association of Government Accountants)
Panel Discussion
Wed., June 18 8:30am – 11:30am
TBD Uniform Commercial Code (UCC) TBD (Tentatively Allen Anderson from Fees & Burgess)
Webinars Date & Time Location Topic Presenters
TBD – Three More Webinars for the Program Year are Tentatively Scheduled
Contractor Administrator’s Round Table (CART) Date Time Location Host and RSVP Point of
Contact Note
Wed., Dec. 11 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., Jan. 8 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., Jan. 22 12:00pm – 1:00pm ViaSat, Carlsbad Brian Greenberg Lunch is provided
Wed., Feb. 12 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., Feb. 26 12:00pm – 1:00pm ViaSat, Carlsbad Brian Greenberg Lunch is provided
Wed., March 12 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., March 26 12:00pm – 1:00pm ViaSat, Carlsbad Brian Greenberg Lunch is provided
Wed., April 9 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., April 23 12:00pm – 1:00pm ViaSat, Carlsbad Brian Greenberg Lunch is provided
Wed., May 14 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., May 28 12:00pm – 1:00pm ViaSat, Carlsbad Brian Greenberg Lunch is provided
Wed., June 11 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Wed., June 25 12:00pm – 1:00pm ViaSat, Carlsbad Brian Greenberg Lunch is provided
NCMA News – San Diego Page 13
Board of Director Meetings Date Time Location Please RSVP To
Wed., Jan 7 - tentative 7:30am – 8:30am KES, Kearney Mesa Mark Cook Wed., Feb. 5 7:30am – 8:30am KES, Kearney Mesa Mark Cook Wed., March 5 7:30am – 8:30am KES, Kearney Mesa Mark Cook Wed., April 2 7:30am – 8:30am KES, Kearney Mesa Mark Cook Wed., May 7 7:30am – 8:30am KES, Kearney Mesa Mark Cook Wed., June 4 7:30am – 8:30am KES, Kearney Mesa Mark Cook
Holiday Social Date Time Location Please RSVP To
Wed., Dec. 18 4pm – 7pm Black Angus Steakhouse 10370 Friars Rd. San Diego, CA 92120
Please bring a new, unwrapped toy to this event to fulfill NCMA’s desire to help out the community and to further the U.S. Marine Corps Reserve’s mission to collect donated toys for distribution to families in need.
Important Notes More Information: Updated and additional information for each of the above events will be posted on the NCMA
San Diego Chapter website at www.ncmasd.org as the event draws near. Event Registration: For workshops, seminars and webinars, a notice will be posted on the website and participants may register online starting about four weeks before the event. CART Meetings:
For CART meetings at KES please RSVP to Mark Cook, p: 858.292-0922 x221, e: [email protected]
For CART meetings at ViaSat please RSVP to Brian Greenberg, p: 760.476.4117, e:
For CART meetings held at ViaSat, lunch will be provided. Board Meetings: Board meetings are open to any member that desires to attend and observe. Please RSVP.
Event Locations Four Points by Sheraton 8110 Aero Drive San Diego CA 92123
KES Inc. 9325 Sky Park Ct., Ste. 300 San Diego CA 92123
ViaSat, Inc. 6155 El Camino Real Carlsbad, CA 92009
Page 14 NCMA News – San Diego
Position Chairperson Email
Immediate Past President
Quyen Tran, CPCM, CFCM, CCCM
Past President Maurice Caskey, CFCM, CCCM
Employment Christine Powell [email protected]
Small Business & Military Outreach
Kim Goldfine [email protected]
College Outreach
Julianne Hagan, CFCM, CPCM
CART (South Bay)
Gabe Olivas [email protected]
CART (North County)
Brian Greenberg, Fellow, CPCM
Position Officer Email
President Mark Cook [email protected]
Vice President Theresa Robinson Harris, CPCM
Secretary Thomas Salyers [email protected]
Treasurer Joni Shirley, CPCM [email protected]
Arrangements Director
Dianne Cherniak [email protected]
Education Director
Courtney Kappel, CPCM, CFCM, CCCM
Membership Director
Nalani Moore [email protected]
2013 – 2014 NCMA-SD Board of Directors
NCMA News – San Diego Page 15
2013 – 2014 NCMA-SD Advisors & Chairpersons Position Officer Email
Chapter Advisor Maurice Caskey, CFCM, CCCM, Fellow
Chapter Advisor Ray Chalupsky, Fellow, CPCM
Chapter Advisor Lee Davis, CPCM
Chapter Advisor Jack Friery, CFCM, CCCM [email protected]
Chapter Advisor Brian Greenberg, Fellow, CPCM [email protected]
Chapter Advisor James Southerland, Fellow, CPCM
Page 16 NCMA News – San Diego
2013 – 2014 NCMA-SD Advisors & Chairpersons
Position Officer Email
Chapter Advisor Quyen Tran, CPCM, CFCM, CCCM
CART Chair (Carlsbad)
Brian Greenberg, Fellow, CPCM
CART Chair (San Diego)
Gabe Olivas [email protected]
Community Service
Mike Oberski [email protected]
Employment Christine Powell [email protected]
Newsletter Co-Editor
Shawna Jones, CPCM
Newsletter Co-Editor
Tammie Rippie [email protected]
NCMA News – San Diego Page 17
2013 – 2014 NCMA-SD Advisors & Chairpersons
Position Officer Email
Outreach Chair -College
Rese Farrish, Fellow
Outreach Chair - Small Business, Military & Government
Reina Bergfors [email protected]
Publicity Chair Victoria Marin [email protected]
Website Administrator
Kennedy Tran [email protected]
