AMERICAN BAR ASSOCIATION
SECTION OF PUBLIC CONTRACT LAW
The August 5, 1997 meeting of the Section Council was held at the Mark Hopkins Hotel in San Francisco, California. Council and Section members who attended the meeting are identified in Attachment 1.
The meeting of the Council was called to order by the Section Chair, Ms. Marcia Madsen, at 2:00 p.m.
New Officers and Council Members
The Section Chair welcomed the new members of the Section Council: Gregory A. Smith (Secretary), Hubert J. Bell, Jr. (Council Member), John E. Preston (Council Member), Alexander W. Purdue (Council Member), and Patricia A. Meagher (Budget & Finance Officer).
Annual and Quarterly Programs Report
Mr. John Burkholder, Co-Chair of the Annual and Quarterly Programs Committee provided a summary of the Section programs that have been planned for the coming year:
Fall Program -- Santa Fe, NM (November 13-14, 1997) is entitled "Subcontracting, Teaming and Partnering in the Age of Consolidation." The Vice-Chairs for that program are Ms. Patricia A. Meagher and Mr. Craig Othmer.
Fourth Annual Federal Procurement Institute -- Annapolis, MD. (February 26-28, 1998). The Vice-Chairs for the program are Mr. Alexander Brittin, Ms. Sandra Fenske and Mr. Anthony Gamboa.
Spring Program -- New Orleans, LA (May 14-16, 1998). The topic for the program is negotiated procurements. The Vice-Chairs are Mr. Kent Morrison and Ms. Barbara Pollack.
Annual Meeting Program -- Toronto, Canada (August 1-4, 1998). The Vice-Chairs have not yet been appointed.
Mr. Burkholder reported that topics for the Annual Meeting Program are still under discussion. Anyone having ideas regarding suitable topics should contact either him or Ms. Maryanne Lavan, Co-chair of the Committee.
"Year 2000" Meeting Report
The Vice Chair, Mr. Rand Allen, reported on the status of planning by the ABA for the Annual Meeting to be held in London in the year 2000. He noted that the Annual Meeting that year will be held in two parts with the first part taking place in New York, NY and the second part taking place in London. Due to limitations on the number of rooms, the Sections will not be assigned to specific headquarters hotels in London. The opportunities for Section-sponsored programs will also be limited by cost and budget factors.
To the extent the Section wants to sponsor one of the 18 London plenary session programs, it can avoid incurring its own costs, but outlines for proposed plenary session programs are due by mid-January, 1998. Mr. Allen is to establish a working group of interested individuals to get the Section's "Year 2000" activities organized and examine the possibilities for program sponsorship.
Awards and Resolutions
Ms. Madsen stated that Section awards and resolutions require ABA approval, and that she had asked Ms. Margaret McConnell to survey and identify the Section's awards and resolutions and determine what approval(s) are required in each case.
Termination for Convenience Project
Further discussion of the Federal Claims & Remedies/Judicial Remedies Committees' proposal for changes to the FAR termination for convenience provisions that had been discussed at the Council meeting on August 2, 1997 was deferred to permit the members of those Committees to discuss changes suggested by the August 2, 1997 discussion.
Court of Federal Claims Protest Jurisdiction White Paper
Ms. Madsen asked that the Council review and report to Mr. Mark Colley with any comments they may have regarding the final draft of the White Paper prepared by the Bid Protest Committee entitled "Post-Award Bid Protests at the U.S. Court of Federal Claims." Any such comments should be provided promptly.
Response to Drabkin Request
With respect to the request made by Mr. Drabkin at the August 2, 1997 Council meeting for Section support of an analysis being undertaken by the Department of Defense Inspector General regarding use of commercial practices in conducting Section 845 "other" transactions, Ms. Madsen stated that a draft of a letter seeking Section member support would be circulated for Council review in the near future.
Comments on FTC Joint Venture Project
Mr. William Kovacic reported on the status of revisions to the proposed "Comments on FTC Joint Venture Project" that had been the subject of discussion at the August 2, 1997 Council meeting. The revisions will be completed by August 8, 1997. At the conclusion of the discussion it was moved and seconded (Preston/Gamboa) that the Chair be authorized to review the revised comments, finalize and submit them after appropriate approvals have been obtained. The motion passed.
1997-1998 Budget
Ms. Lynda O'Sullivan presented the proposed budget for 1997-98. She discussed the basis for the estimates of the projected income and expenses and noted the budget included a projected deficit of approximately $5,000. A copy of the proposed budget is Attachment 2. A motion to adopt the proposed budget, as presented, was made and seconded (Frazier/Othmer). The motion passed.
The Chair entertained a motion to adjourn, which was made seconded and passed. The meeting was adjourned at 2:35 p.m.
Respectfully submitted,
Gregory A. Smith
Secretary