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It’s Time We Talk About JWOD


Uncertain about what parts of the FAR apply to contracts governed by the AbilityOne Program? Perplexed by the DOD Section 898 Panel’s recent recommendations for the Program? Ready to network with attorneys and other experts in this field?

Join your colleagues from October 2-4, 2018, in Washington, D.C., to discuss the legal complexities, challenges, and future of the AbilityOne Program (formerly known as the Javits-Wagner-O'Day Program or JWOD).

Since the Wagner O’Day Act was signed into law in 1938, government agencies have been required to prioritize the purchasing of certain products from suppliers that employ individuals who are blind. The Javits–Wagner–O'Day Act expanded the law in 1971, requiring mandatory source procurement for specified supplies and services from nonprofit agencies employing persons who are blind or have other significant disabilities.

This government program – renamed the "AbilityOne Program" in 2006 (71 FR 68492) – is the largest employment resource for people who are blind or have significant disabilities, helping to employ more than 40,000 people annually. Through more than 550 nonprofit agencies nationwide, the AbilityOne Program empowers persons with differing abilities to provide essential services and products to the U.S. Government and to contribute to the U.S. economy.

Don’t miss this chance to participate in cutting-edge conversations and learn from lawyers, contract administrators, executives, advocates, policymakers, and government clients.

This inaugural Legal Symposium includes sessions exploring the law governing the AbilityOne Program to create opportunities to:

  • Heighten awareness and knowledge about the Program.
  • Learn to resolve different legal matters inherent to the Program.
  • Network with attorneys, nonprofit representatives and government contracting experts knowledgeable about the Program.
  • Explore new topics of legal research and scholarship related to this unique field of law
  • Strengthen ties and partnerships among NIB and SourceAmerica nonprofits.

It is time we all talk about how we can strengthen the AbilityOne Program!

Schedule at a Glance


TUESDAY, OCTOBER 2, 2018
ARRIVAL & NETWORKING
Hotel Lombardy @ 2019 Pennsylvania Avenue NW, Washington, DC

7:00 PM to 9:00 PM Networking Reception (Board Room)

WEDNESDAY, OCTOBER 3, 2018
JWOD & GOVERNMENT PROCUREMENT LAW
The George Washington University Law School @ 2000 H Street NW, Washington, DC
(In the Jacob Burns Moot Courtroom, unless otherwise noted.)

8:00 AM to 9:00 AM Continental Breakfast & Welcome
9:00 AM to 12:30 PM Panel Discussions
12:30 PM to 1:30 PM Networking Lunch (Tasher Great Room)
1:30 PM to 5:00 PM Panel Discussions & Breakout Sessions
5:00 PM to 6:00 PM Wine & Cheese Networking Reception (Tasher Great Room)

THURSDAY, OCTOBER 4, 2018
LEGISLATION AND ADVOCACY

7:45 AM to 9:30 AM Breakfast & Briefing on Lobbying hosted by Morgan Lewis @ 1111 Pennsylvania Ave NW, Washington, DC
10:00 AM to 12:00 PM Legislative Briefing & Reception at Rayburn House Office Building @ 45 Independence Avenue SW, Washington, DC (Room 2168)

Register


Tickets to attend the 2018 Javits-Wagner-O’Day Legal Symposium will be available for purchase between

August 14, 2018 and September 28, 2018

REGISTER HERE

Hotel Information


Group reference number is 3824.
Nightly room rate: $299

MAKE YOUR RESERVATION


RESERVATION CUT-OFF DATE

The last date to make reservations under the group block has been EXTENDED until Friday, September 7, 2018. Any reservations made after the agreed upon date will be subject to availability.

HOTEL CONTACT INFORMATION

Hotel Lombardy
2019 Pennsylvania Avenue NW Washington,DC 20006
202-828-2600

PARKING

The hotel provides valet parking. Daily parking for guests attending a meeting is $23.00, but limited. Overnight parking with in-and-out privileges is $42.00 per night.

FAILURE TO ARRIVE

If an individual fails to check in on the reserved day, one night's room and tax will be billed. The individual guaranteeing a reservation by advance deposit will forfeit one night's room and tax; any remaining amount will be refunded by check. Companies will be billed one night's room and tax if the reservation is guaranteed for late arrival to the company. No show charges can be avoided if reservations are cancelled according to the hotel’s cancellation policy.

Continuing Education Credits


Attendees are eligible for Continuing Legal Education Credits. To receive the credits, attendees must register for the full conference AND register for Continuing Education Credits. Conference staff will apply for the credits on behalf of attendees.

Questions about registration can be directed to: Chenai Kirkpatrick, Director of Legal Compliance and Regulatory Affairs, Ckirkpatrick@melwood.org

Detailed Schedule


*Speaker list and schedule subject to change.

TUESDAY, OCTOBER 2, 2018
ARRIVAL & NETWORKING
Hotel Lombardy @ 2019 Pennsylvania Avenue NW, Washington, DC

7:00 PM to 9:00 PM Networking Reception

WEDNESDAY, OCTOBER 3, 2018
JWOD & GOVERNMENT PROCUREMENT LAW
The George Washington University Law School @ 2000 H Street NW, Washington, DC

8:00 AM to 5:00 PM Registration
8:00 AM to 8:30 AM Continental Breakfast
8:30 AM to 9:00 AM Introductions and Welcome
9:00 AM to 10:00 AM Panel I: Mandatory Sources, Set-Asides & JWOD
Discussion about the various federal socioeconomic set-aside, mandatory source, and other preference programs, their similarities and differences, and where each program is positioned in relation to the JWOD Program (renamed the AbilityOne Program in 2006).
10:05 AM to 11:05 AM Panel II: The FAR: Administration and Operation of Contracts
What language should be included in federal contracts governed by the AbilityOne Program? Which FAR clauses apply and which do not? Hear from experienced contract administrators and counsel about the legal restrictions and opportunities inherent in administering and operating these contracts.
11:05 AM to 11:20 AM Networking Break
11:20 AM to 12:20 PM Panel III: Contract Compliance and Dispute Resolution
What are a nonprofit agency’s legal rights and obligations when a client is dissatisfied with contract performance or initiates termination proceedings? Discussion about disputes involving pricing, deductions, removal or addition of work to the scope, and prior and pending case law. Learn from experienced attorneys and executives about successful strategies to resolve disputes AND facilitate a collaborative relationship among all parties.
12:20 PM to 1:20 PM Networking Lunch
1:25 PM to 2:25 PM Breakout Sessions

Track A – Labor & Employment; Employee Benefits and the New Excise Taxes
Join experts in the field to discuss WDR/SCA wage matters; labor unions & collective bargaining issues; pitfalls of accepting charitable donations from vendors (particularly related to employee benefits); employment and labor law issues relevant to nonprofits in the AbilityOne Program; and how to determine if the new excise taxes apply to executive compensation.

Track B – Mergers & Acquisitions
Join nonprofit representatives and counsel to discuss their experiences structuring and carrying out M&A transactions within the AbilityOne Program.

Track C – Controversies & Dispute Procedures Join litigators to discuss the following questions and more: When a dispute leads to litigation, what are the potential options for jurisdiction and appeals? What is the statutory role of different agencies/courts in contract dispute resolution? How are contract disputes governed by the AbilityOne Program similar to and different from other federal contract disputes?

Track D – Conversation with the Government
Join experts on the federal government contracting side to ask questions and find out about their experience with contracts in the AbilityOne Program.

2:30 PM to 3:30 PM Panel IV: External Challenges
This panel will cover external challenges to the AbilityOne Program, focusing on recent case law, including the veteran-owned business preference, the Randolph-Sheppard Act, GSA leasing issues, and the implementation of the Workforce Innovation and Opportunity Act (WIOA).
3:30 PM to 3:45 PM Networking Break
3:45 PM to 4:45 PM Guided Discussion: Advocacy Issues
This session will consist of a discussion of matters raised during the Symposium panels and breakout sessions that could inform advocacy issues and strategies to improve the success of the AbilityOne Program.
4:45 PM to 5:00 PM Update on Logistics for Briefing on the Hill
5:00 PM to 6:00 PM Wine and Cheese Networking Reception

THURSDAY, OCTOBER 4, 2018
LEGISLATION AND ADVOCACY
Morgan Lewis @ 1111 Pennsylvania Ave NW, Washington, DC

7:45 AM to 8:15 AM Registration & Networking
8:15 AM to 9:30 AM Breakfast Reception & Briefing: Nonprofit Advocacy & Lobbying Restrictions
This briefing will provide an overview on rules and restrictions for nonprofits and federal contractors with respect to lobbying and advocacy, particularly in an election year.
Rayburn House Office Building @ 45 Independence Avenue SW, Washington, DC | Room 2168 (the Gold Room)
(Transportation provided from Morgan Lewis)
10:00 AM to 11:00 AM Legislative Briefing
This session will consistent of a briefing on current and pending legislation delivered by congressional staff of representatives and committees relevant to the AbilityOne Program.
11:00 AM to 12:00 AM Lunch Reception & Networking

Speakers


*Speaker list and schedule subject to change.

Jessica Abrahams
Partner
Drinker Biddle & Reath LLP

Shay Assad
Principal Director, Defense Pricing and Contracting Chair
Panel on the Department of Defense and AbilityOne Contracting Oversight, Accountability, and Integrity
also known as the "898 Panel"

Kenneth Brezenoff
General Counsel and Vice President of Strategic Initiatives
FedCap

Dan A. Brody
Associate
Robinson & Cole, LLP

Marcellus A. Chase
Partner
Kutak Rock LLP

Gerald Cotter
Executive Vice President
Chimes

Eric Crusius
Partner
Holland & Knight LLP

Cari DeSantis
President & CEO
Melwood

Douglas W. Desmarais
Partner
Smith & Downey, P.A

Kenneth Dodds
Director of Policy, Planning and Liaison
Small Business Administration (SBA)

Meghan A. Douris
Partner
Oles Morrison Rinker Baker LLP

Jewell Lim Esposito
Partner
FisherBroyles

Emma L. Forrest
Managing Partner
Diesch Forrest, APC

Edward J. Heath
Partner
Robinson & Cole LLP

Larysa Kautz
Chief of Staff & General Counsel
Melwood

James Kearney
Partner
Womble Bond Dickinson (US) LLP

Barbara Kinosky
Managing Partner
Centre Law & Consulting LLC

Raechel K. Kummer
Partner
Morgan, Lewis & Bockius LLP

Skye Matheison
Counsel
Crowell & Moring, LLP

Stephen J. McBrady
Partner
Crowell & Moring, LLP

Kate McSweeny
Vice President of Government Affairs & General Counsel
ACCSES

Joleen Okun
Vice President & Corporate Counsel
Didlake

Dana B. Pashkoff
Partner
Drinker Biddle & Reath LLP

Bruce Patterson
Executive Vice President and Chief Operating Officer
ServiceSource

Rachel Payne
Vice President of Advocacy & Public Policy
Didlake

Deborah Purcell
Vice President of Contracts and Procurement
Melwood

Anne Rung
Director, Government Sector
Amazon Business

Jayna Marie Rust
Associate
Thompson Coburn, LLP

Janet Samuelson
President & CEO
ServiceSource

Michael Schrier
Special Counsel
Duane Morris LLP

Kathryn Taylor
Senior Counsel
Morgan Lewis & Bockius LLP

Myron Thomas
Chief Operating Officer
Melwood

Karen Thornton
Director
George Washington School of Law Government Procurement Law Program

David Warner
Partner
Centre Law & Consulting LLC

Christopher R. Yukins
Co-Director
George Washington School of Law Government Procurement Law Program

Contact


For questions about the 2018 Javits-Wagner-O’Day Legal Symposium please contact
Chenai Kirkpatrick, Director of Legal Compliance and Regulatory Affairs at
Ckirkpatrick@melwood.org or 301-599-2709