BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, March 21, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will brief counsel on the requirements related to the Federal Acquisition Regulation (FAR) proposed rule requiring major federal contractors (thousands of potentially impacted companies) to publicly disclose greenhouse gas (GHG) emissions and climate-related financial risk and set science-based reduction targets to reduce GHG emissions. The panel will also review best practices for disclosure and reporting compliance considerations.

Faculty

Shaunna Bailey
Special Counsel
Sheppard Mullin Richter & Hampton LLP

Ms. Bailey has broad experience representing and providing strategic advice to clients ranging from small businesses to large government contractors on a wide variety of issues related to contracting with the federal government. Her practice focuses on bid protests before the U.S. Court of Federal Claims and the U.S. Government Accountability Office, contract-related litigation before federal courts, government contract compliance reviews and counseling, and internal investigations.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Nic Nunn-Faron
Senior Manager, Industry Specialty Services Group
BDO USA

Mr. Nunn-Faron serves as Senior Manager in BDO’s Industry Specialty Services practice, where he has the opportunity to apply varied experience in policy development, planning, risk management, and strategy to meet the resilience and sustainability needs of public, nongovernmental, and government contractor agencies throughout the United States. He serves as a key resource for the firm’s Environmental, Social, and Governance (ESG) Advisory capability development team, where he is able to utilize his background in sustainable development and enterprise risk management to advance the services by which BDO assists its clients in becoming more resilient against and better stewards of the environment and society. Mr. Nunn-Faron’s primary area of focus is in utilizing sustainability reporting principles to assist publicly funded organizations in implementing operational strategies and programming.​

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The U.S. Department of Defense, General Services Administration, and NASA recently published a proposed rule that would amend the FAR to require federal contractors that receive annual federal contract obligations over a certain amount to disclose their GHG emissions and climate-related financial risk and set science-based targets to reduce GHG emissions. The purpose of the proposed rule is to allow the federal government to analyze and mitigate climate risks via a standardized disclosure process. Unlike the Securities and Exchange Commission's proposed rule regarding climate disclosures by public companies, this significant proposed rule applies to all companies, including private ones, with federal contracts above a specified amount.

The rule affects two categories of federal suppliers: "significant" contractors and "major" contractors. A contractor is classified as "significant" if it has received between $7.5 million and $50 million in federal contract obligations in the prior federal fiscal year. A contractor is classified as "major" if it has received over $50 million in federal contract obligations in the prior federal fiscal year.

Under the proposed rule, both significant and major contractors are required to inventory their annual Scope 1 and Scope 2 emissions and report them in the System for Award Management annually. Additionally, major contractors are required to disclose Scope 3 GHG emissions and develop science-based reduction targets. Contractors that do not make the required annual disclosures--and are not subject to a specific exception, exemption, or waiver as set forth in the rule--may be deemed nonresponsible, resulting in ineligibility for federal contract awards.

Listen as our distinguished panel discusses and provides an analysis of the proposed FAR rule amid the current administration's robust commitment to pursue climate-related initiatives via the federal government's procurement process. The panel will also offer best practices and practical next steps for establishing systems to track and prepare for future GHG disclosures since regulatory pressure is unlikely to go away.

Outline

  1. Background, definitions, and key components of the FAR proposed requirements
  2. Significant and major contractors
  3. Exceptions, exemptions, and waivers under the proposed rule
  4. Best practices and compliance recommendations

Benefits

The panel will brief counsel on the requirements related to the FAR proposed rule and will discuss these and other important issues:

  • What are the key elements and legal risks of the FAR proposed requirements?
  • What are the pertinent exceptions, exemptions, and waivers under the proposed rule that federal contractors need to be aware of?
  • What are some practical recommendations that counsel can offer clients in terms of current and future disclosure and reporting obligations?