Annapolis, MD

February 25-26, 1999

Loews Annapolis Hotel – Annapolis, MD

6:00 - 8:00 pm Optional Practicum on Dispute Resolution under Maryland’s Procurement Law

Practical tips from 17 years of working with the Maryland Procurement Law will be offered from the perspective of State Officials and practitioners.

A copy of the law together with selected regulations and decisions will be provided to registrants. A nominal additional fee of $25 will be charged to help defray the cost for printing and refreshments.

Lewis J. Baker, Moderator

William A. Kahn, Panelist

Joseph C. Kovars, Panelist.

7:15 - 8:15 Registration

8:15 - 8:30 Opening Remarks and Introductions

David L. Fowler, Annual and Quarterly Programs Co-Chair
Raytheon Systems Company

Michael A. Hordell, Annual and Quarterly Programs Co-Chair
Gadsby & Hannah LLP

Vic Avetissian, Program Co-Chair
Past National President, National Contract Management Association

Northrop Grumman Corporation

8:30-9:15 Keynote Address

Joseph D. West, Moderator

Arnold & Porter

Dean L. Grayson
Corporate Counsel

Lucent Technologies, Inc.

David L. Muzio
Deputy Associate Administrator

Office of Federal Procurement Policy

Jonathan D. Shaffer
Smith, Pachter, McWhorter

& D’Ambrosio PLC

LeAntha Sumpter
Procurement Reform Analyst

Office of the Undersecretary of Defense

(Acquisition & Technology)

• OFPP’s final guide to past performance

• DOD’s past performance guidance

• Contractor’s perspective

• Source selection disputes

Steven L. Schooner, Moderator

Associate Professor

Government Contract Law

George Washington University

Sandra L. Fenske
General Counsel0

Lockheed Martin Ocean Radar

& Sensor Systems

Carl L. Vacketta
Piper & Marbury LLP

Daniel I. Gordon
Associate General Counsel

General Accounting Office

Ida Ustad
Deputy Associate Administrator for Acquisition Policy

General Services Administration

• New markets, new practices

• Implementation and behavioral

change

• Trends and lessons learned

• Multiple award contracting – model or chaotic harbinger

12:30 - 2:00 Optional Construction Division Luncheon – No seminar sponsored luncheon scheduled

This timely, interactive session will focus on areas of current interest in public sector construction, such as the right of an unpaid subcontractor to an equitable lien on remaining contract funds (United States v. Blue Fox), and recent state legislation on the enforceability of "No Damage For Delay" clauses. A modest additional fee of $25 will be charged to cover the cost of the luncheon and written materials. This event is limited to the first 25 paid registrants.

2:00-3:30 International Procurement Issues

Michael W. Mutek, Moderator

Vice President - Law

Raytheon Training and Services

Allen B. Green
McKenna & Cuneo LLP

Joy E. Sturm
Hogan & Hartson LLP

Ralph J. Capio
Armstrong, Teasdale, Schlafly

and Davis

Ross W. Branstetter, III
Miller & Chevalier, Chartered

• Overview of issues faced when engaging in international procurement transactions

• Export controls and how to ensure compliance

• Foreign Military Sales, including the reengineering of the FMS process

• International dispute resolution issues

3:30-3:45 Break

3:45-5:15 CAS Board Review Panel Update

Gregory A. Smith, Moderator

Piper & Marbury LLP

Dr. Louis I. Rosen
National Director

Government Contract Services

Ernst & Young

Member, CAS Board Review Panel

Michael Thibault
Deputy Director

Defense Contract Audit Agency

Member, CAS Board Review Panel

Nelson F. Gibbs
Corporate Vice President & Controller

Northrop Grumman Corporation

Co-Chair, CAS Board Review Panel

Robert A. Burton
Associate General Counsel

Defense Logistics Agency

Mary Karen Merkel
Arthur Andersen LLP

• Mission and conclusions of the CAS Review Board Panel

• Applicability of CAS to commercial contracting practices

• What contractors should be subject to CAS?

• What should the CAS Board’s structure and role be?

8:30-10:00 Fraud and Compliance Issues

Frederic M. Levy, Moderator

McKenna & Cuneo LLP

Patricia A. Papas
Acting Counsel

Procurement Integrity Office

Department of the Navy

Office of General Counsel

William Hardy
Kleinfeld, Kaplan & Becker

Joyce Branda
Deputy Director, Commercial Litigation Branch, Civil Division

Department of Justice

Stephen D. Ramsey
Vice President, General Counsel

Lockheed Martin Federal Systems

• Maintaining a fraud hotline and conducting internal investigations

• Dealing with whistleblowers still employed by the company

• Ethical issues confronting whistleblowers

• The effect of a pending qui tam suit on present responsibility determinations

10:15-11:45 Judges’ Panel - Innovative Techniques of Dispute Resolution and Case Management

Judge Paul R. Michel, Moderator

U.S. Court of Appeals for the

Federal Circuit

Judge Diane G. Weinstein
U.S. Court of Federal Claims

Judge Carol N. Park-Conroy
Armed Services Board of

Contract Appeals

Judge Allan Goodman
General Services Board of

Contract Appeals

Ruth C. Burg
Mediator and Arbitrator

Retired Administrative Judge, Armed

Services Board of Contract Appeals

• ADR in the Court of Federal Claims

• ADR before the Boards

• Client participation

• ADR before the Contracting Officer's decision

12:00-1:30 Luncheon

Presiding:

David A. Churchill, Chair

Section of Public Contract Law

McKenna & Cuneo LLP

Speaker:

Mrs. Eleanor Spector
Director of Defense Procurement

Office of the Under Secretary of

Defense (Acquisition and Technology)

1:30-3:00 Breakout Sessions

Stuart B. Nibley, Moderator

Seyfarth, Shaw, Fairweather

& Geraldson

Deputy for Acquisition & Business

Management

Anthony H. Gamboa
Senior Associate General Counsel

General Accounting Office

John W. Klein
Chief Counsel for Procurement Law

Small Business Administration

• Contract requirements consolidation

• Navy and DLA Initiatives (e.g., Prime/Vendor)

• Proliferation of contracting vehicles

• Balancing enhanced procurement efficiency with fair opportunity for meaningful competition

William S. Coleman, Jr., Moderator

Judith A. Roussel
Associate Administrator for

Government Contracting

Small Business Administration

Michael R. Hatcher
Shaw, Pittman, Potts & Trowbridge

Edward R. Fernandez
President

Sherikon, Inc.

• Impact of procurement streamlining on small business

• HUBZone Empowerment Contracting Program

• Small Business Competitiveness Demonstration Program

• Price evaluation adjustments for small disadvantaged business concerns

• Effectiveness of small business enhancement initiatives

3:00-3:15 Break

3:15-5:15 Ethics

Professor William E. Kovacic Moderator

George Washington University

National Law Center

Karen L. Wilson, Vice President

Government Finance and

Process Excellence

Allied Signal, Inc.

Phillip H. Harrington
Wiley, Rein & Fielding

Major David Freeman
The Judge Advocate General’s School

Department of the Army

• Counseling dilemmas confronting attorneys in the face of client pressure

• Giving advice your boss doesn’t want to hear but needs to know

• Fortifying the organization to identify and correct weaknesses

5:30 - 7:30 Reception

Saturday, February 27

From 9:00 a.m. to 1:00 p.m., the Section's Council will meet in open session to discuss issues of current importance to government contracts practitioners. All Federal Procurement Institute registrants are welcome to attend. Please complete and return the Registration Form if you will attend, by checking "Council Meeting" under the "Events Registration" portion of the form.

If you're interested in learning more about the Section of Public Contract Law–either as a member or governmental business associate–or about future Section programs and publications, we'll be happy to provide it. Just check the appropriate boxes within the "Basic Registration" portion of the Registration Form and complete the address information at the bottom of that form. Mail and fax information are shown under the "Payment" portion of the form.

(Register by January 25, 1999 to obtain a discount)

PCL (Public Contract Law) Section/NCMA Members $390.00 $435.00

PCL/NCMA Government Employees or Academics $280.00 $325.00

Non-PCL/-NCMA Government Employees or Academics $310.00 $355.00

ABA Member, PCL Non-Member $465.00 $510.00

Non-ABA/Non-NCMA Member $490.00 $535.00

_ Please send me information on how I can become

_ I am an attorney _ I am not an attorney

Your registration fee includes all scheduled coffee breaks, Friday luncheon, Friday reception, and two days of bound program materials of the speakers' written presentations.

Events Registration

(Please indicate all events you and your spouse/guest will attend)

Luncheon
_ Registrant N/C

1:30 - 3:00 Breakout Sessions–Choose only one

3:15 - 5:15 Breakout Session

_ Ethics

Reception

_ Registrant _ Spouse/Guest N/C

_ Council Meeting N/C

Registration Totals

Registration Fee $____________

Other Events $____________

Total for Amount Due $

Mail to: Marilyn M. Neforas

ABA Section of Public Contract Law

750 North Lake Shore Drive

Chicago, Illinois 60611

312/988-5596

Fax to: 312/988-5688 (Credit Card Registration only)

Card Number:

Exp. Date:

Signature:

Please type or print legibly

Name:

ABA/NCMA I.D. Number:

Employment Affiliation:

Suite Number or Floor:

Street Address:

City/State/Zip:

Business Phone:

Fax Number:

Spouse/Guest:

CLE / CEU CREDIT

Accreditation has been requested for this program from every state (including California and Pennsylvania) with mandatory continuing legal education (MCLE) requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of "CLE." Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to the PACLE. Please be prepared to remit payment to the PACLE ($2.00 per credit hour or any portion thereof) after the program. Certificates of attendance will be available at the conclusion of the program for both attendees and speakers. If you have questions about the number of credit hours granted by each state, you may call 312/988-6217, starting 2 to 3 weeks before the program. Attendance at this conference also provides points toward CPCM/CACM recertification and CEUs."

CANCELLATION POLICY

Requests for refund must be made in writing and received in the Section of Public Contract Law's office on or before February 18, 1999. Refund requests received after February 8 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time.

NO REFUNDS WILL BE MADE AFTER FEBRUARY 18, 1999.

HOTEL INFORMATION

Loews Annapolis Hotel is located at 126 West Street in the historic seaport of Annapolis, Maryland . . . a 25-minute drive from both Baltimore and Washington, D.C., and only 18 miles from Baltimore-Washington International Airport (BWI). Room rates are $135, single or double, plus 12% tax per room per night. A very limited number of rooms are also available for government employees at the rate of $96 single or double. Parking rates range from $5-$12 per day.

You may reserve your accommodations at Loews Annapolis Hotel by calling the hotel directly at 410/263-7777 and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check-in after 3:00 p.m. with a check-out time of 12:00 noon. Early arrivals or late departures will be booked on an availability basis. Individuals with guaranteed reservations must cancel their reservations by 48 hours prior to the scheduled day of arrival to avoid a one night’s cancellation charge.

Make your reservations NOW. The hotel will release the room block on February 3, 1999.

SPECIAL AIRLINE DISCOUNTS

If you fly American Airlines, Delta Air Lines, or U S Airways to this program, you can receive 5% or more off restricted fares and at least 10% off coach and first class fares. To receive a discount, you or your travel agent must call the number listed below and mention the corresponding ABA reference number. You can also call Direct Travel, the official ABA travel agency, at 1-800-929-3544 for reservations.

• American Airlines – 1-800-433-1790

Star File # S11565

• Delta Air Lines – 1-800-241-6760

Account # 121710A

• U S Airways – 1-800-334-8644

Reference # 21900057

GROUND TRANSPORTATION

Private car transportation is available to and from Annapolis from either Washington National or BWI. From Washington National, the cost is $65 for a car that can accommodate 1-3 passengers. From BWI, the cost is $40 for a 1-3 passenger sedan. Arrangements for private car transportation should be made in advance through the Concierge Desk at Loews Annapolis by calling 410/263-7777.

Super Shuttle operates a van/bus service between BWI and Annapolis. This service operates every two hours between 7:00 a.m. and 9:00 p.m.. The cost is $19 one way and $30 for round trip service.

A taxi from BWI to Annapolis will range between $40 and $50 one way, depending on time of day.

COMING ATTRACTIONS

MARCH 28 - APRIL 2, 1999

10th Intensive Program on Trial Preparation and Advocacy in Federal Procurement
George Washington University, National law Center, Washington, DC

APRIL 26, 1999

Program on ADR and the Federal Government
Washington Hilton and Towers, Washington, DC

MAY 20-22, 1999

Spring Educational Program and Open Council Meeting
Doubletree La Posada Resort, Scottsdale, AZ

AUGUST 7-10, 1999

Annual Educational Program and Open Council Meetings
Hyatt Regency Atlanta, Atlanta, GA