American Bar Association
Section of Public Contract Law
Fall Council Meeting
November 6, 2004
8:30 a.m. to 12:00 noon
Pinot ABC
Embassy Suites Napa Valley
Napa, California
= Indicates action or working item
✔ Indicates materials not attached – oral report or distribution of materials at meeting
ACTION ITEMS
= 1. Approval of August 7, 2004 Annual Council Meeting Minutes (Hordell)
= 2. Proposal for pilot program re waiver of section membership dues for law students and recent law school graduates (Meagher)
= 3. Approval to publish “Guide to Fixed-Price Supply Subcontract Terms and Conditions, 4th Edition” (Burkholder)
= 4. Report of the Special Committee on Teleconferences (Innis/Walz/O’Sullivan)
INFORMATION ITEMS
5. Wynne comment letter on Selection of Contractors policy and comment letter on NRO’s rule barring exclusive teaming agreements (Mutek)
✔ 6. Presentation from R&D/IT Committee concerning development of a white paper on procurement issues involved in the Federal Government’s increasing use of open-source software (Lavallee)
7. Discussion from Battlefield Procurement Task Force (Schmauder/Walsh)
INFORMATION ITEMS
✔ 8. State and local news (Maffei/McCready/Hill)
9. Comments on California Performance Review Bid Protest Procedures (Arnold/Meagher)
✔ 10. Welcome to newcomers
11. Preliminary Section Survey results with updated Survey information (Lee Van/Balch/Othmer)
✔ 12. DOD Tricare retail pharmaceuticals policy (Hammond/Yesner)
13. Request to ABA Board of Governors for authority to comment on Federal Acquisition Regulations (Hordell)
14. Request to ABA Board of Governors for extension of authority of Sections of Public Contract Law and State and Local Government Law to comment on state and local procurement matters (Thorpe)
15. Request to ABA Board of Governors for National Contract Management Association to co‑sponsor February 24-25, 2005 Annual Federal Procurement Institute
16. Regulatory Coordinating Committee Report (Kasanow)
17. Legislative Coordinating Committee Report (Clerici/Garman)
18. Membership, Outreach and Diversity Committee Report (Elderkin/McCready)
✔ 19. Law student outreach at George Washington University (Lomer/Rahn/Cooke)
20. Report on September 11, 2004 Section Officers Conference CLE Task Force Meeting (Innis)
21. Commercial Products and Services Committee Report (Howell/Mason/Pitler/Vacketta)
22. IT Procurement (State and Local) Committee Report (Donohue/K. Walker)
23. Small Business and Other Socioeconomic Programs Committee Report (Larkin/Murphy)
24. Contract Claims and Disputes Resolution Committee Report (Somers/McGovern/Page)
25. Employment Safety and Labor Committee Report (Ginsburg)
26. Strategic Alliances Teaming and Subcontracting Committee Report (Kaye/Lavan/LeeVan)
27. Procurement Fraud Committee Report (Huffman/Phillips)
28. International Procurement Committee Report (Smith/Branstetter/Haseman)
INFORMATION ITEMS
29. Bid Protest Committee Report (Dowd/Humphrey/Janecek)
30. Accounting, Cost & Pricing Committee Report (Bingham/Loeb)
31. Health Care Contracting Committee Report (Delancey/Dowd/Dunne/Girod)
32. Report of Ad Hoc Committee on Recognition of Members Who Have Made Significant Contributions to the Section (Madden/Gordon/Madsen/Morrison/Vacketta)
33. Delegates Report – 2004 Annual Meeting (M. Williams)
34. Request from ABA Journal Board of Editors for Nominees to fill two Board positions (Schaefer)
35. Annual and Quarterly Programs Committee Report (Colley/Davis/Fennessy/Pickens)
2004 Fall Meeting Program
2005 Federal Procurement Institute
36. Budget Report at August 31, 2004—Pre-Audit II and 2004-2005 Council-Approved Budget (Park‑Conroy)
37. Membership Statistical Report
38. Publications Sales Report
39. Public Contract Law Section programs available online through West LegalEdcenter
40. 2005-2007 Calendar of Meetings