American Bar Association
Section of Public Contract Law>

1998 Annual Meeting Program

August 1 through August 4
Toronto, Canada



All sessions will be held at the
Radisson Plaza Hotel Toronto *
90 Bloor Street East
Toronto, Canada M4W 1A7
416/961-8000 (fax: 416/961-9581)
unless otherwise noted.

Please note change in hotel from Park Plaza.

Except for those functions which indicate
"ticketed event", all programs are free of charge
to Section Members registered for the Annual Meeting.

Marcia G. Madsen, Chair
Section of Public Contract Law

Annual and Quarterly Programs Co-Chairs:
John A. Burkholder
Maryanne R. Lavan


Annual Meeting Vice-Chairs:
Lynda Troutman O'Sullivan
Douglas E. Perry


SATURDAY, AUGUST 1

7:15 a.m. - 8:45 a.m.
Council Breakfast
Asquith Room, Level H-3
For Council Members only.

9:00 a.m. - 1:00 p.m.
Council Meeting
The Forest Hill, Level H-1
Open to all Section members.

1:00 p.m. - 2:30 p.m.
Luncheon for Council Members and
Committee Officers

Stage II, Level H-3

3:00 p.m. - 4:30 p.m.
Workshop/Orientation for New Members
Asquith Room, Level H-3

A chance for "new" Section members to get acquainted, learn how the Section works, and how to become involved in its activities.

6:30 p.m. - 8:30 p.m.
Section Reception
Horizons, CN Tower
301 Front Street West

TICKETED FUNCTION FOR SECTION MEMBERS ONLY.

Please refer to Section program brochure--mailed to all Section members- for ticket ordering information and deadlines.
Advance reservations required before July 20.


SUNDAY, AUGUST 2

7:30 a.m. - 9:00 a.m.
Regional Officers Breakfast
High Park Ballroom, Level H-1

9:00 a.m. - 12:00 noon
Program‹Health Care Contracting with the Federal Government: Golden Opportunity or Trap for the Unwary?
The Forest Hill, Level H-1

Joint program with the Health Law Section

Program Chair:

Stephanie Pontzer Gilson

Miller & Chevalier, Chartered
Washington, DC

The health care industry is being scrutinized for fraud and abuse in the same way that the defense industry was scrutinized during the 1980s. To effectively combat allegations of fraud and abuse, defense contractors undertook measures to improve their compliance with applicable laws and regulations and their responses to such allegations when they arose. The health care industry of the 1990s can benefit from the lessons learned by the defense industry in the 1980s. It can learn how to implement an effective compliance program, how to prevent instances of noncompliance from turning into an allegation of fraud or abuse, and how to defend against such allegations when they do occur.

The first panel will address the various health care programs funded or operated by the Federal Government and the compliance issues that arise frequently. The second panel‹comprised of individuals with experience combating fraud and abuse in the defense industry‹will address the lessons learned from
the defense industry that may be helpful to combat the compliance issues raised by the first panel of speakers.

Federal Health Care Programs and Compliance Issues

Moderator:

David C. Hammond
Powell, Goldstein, Frazer & Murphy, LLP
Washington, DC

Speakers:

Seileen Mullen, Director
TRICARE
Aurora, CO

Mary Karen Merkel
Arthur Andersen LLP
Washington, DC

Jacqueline Wells
Washington, DC

Lloyd Weinerman
Crowell & Moring LLP
Washington, DC
Lessons Learned

Moderator:

Alan R. Yuspeh, Senior Vice President
Ethics Compliance and Corporate Responsibility
Columbia HCA
Nashville, TN

Richard R. Molleur, Corporate Vice President
and General Counsel
Northrop Grumman Corporation
Los Angeles, CA

Kevin L. O'Brien, Vice President
Peterson Worldwide
Tampa, FL

1:00 p.m. - 2:30 p.m.
Committee Meetings

Federal Subcontracting

High Park III, Level H-1

2:30 p.m. - 4:00 p.m.
Committee Meetings

Accounting, Cost and Pricing

Asquith, Level H-3

Annual State Procurement Programs
Yorkville, Level H-1

Bonding and Insurance
Rosedale Room, Level H-1

Commercial Products & Services
High Park II, Level H-1

4:00 p.m. - 5:30 p.m.
Committee Meetings

Research and Development

High Park I, Level H-1

MONDAY, AUGUST 4

7:30 a.m. - 9:00 a.m.
Breakfast for 1998-99 Committee Officers
High Park Ballroom, Level H-1

9:00 a.m. - 12:00 noon
Program‹Commercial Buying Practices: From Major Systems to Small Purchases‹A Practical Assessment of What's Working and What's Not
The Forest Hill, Level H-1

Without a doubt, no single initiative today is more central to how the Government buys its goods and services than that of increasing the Government's reliance on the commercial marketplace and its use of successful commercial buying practices. Now that the dust has settled on the reforms, this program will take a hard look at what has been achieved. Have the new rules worked as intended or have they just created a new set of problems? Is there unfinished business? The issues to be addressed include the impact on major system acquisitions, outsourcing, the explosion of Government-wide contract vehicles, commercial item pricing, commercial services and more.

Program Chair and Moderator:

Ron R. Hutchinson
Doyle & Bachman
Washington, DC

Impact on Government

F. Whitten Peters (invited)
Under Secretary of the Air Force
Washington, DC

Frank Pugliese, Jr., Commissioner
Federal Supply Service
General Service Administration
Arlington, VA

William T. Woods
Assistant General Counsel
U.S. General Accounting Office
Washington, DC

Impact on Industry

Robert J. Sherry
McKenna & Cuneo LLP
San Francisco, CA

James W. Brown
W.L. Gore & Associates, Inc.
Newark, DE

James O. Berish
Hewlett-Packard Company
Washington, DC

2:00 p.m. - 3:30 p.m.
State and Local Division Workshop
High Park Ballroom, Level H-1

Informal discussion of state and local procurement in states which have implemented the model procurement code. Focus will be on delivery mechanisms including electronic procurement and design-build, cooperative procurements, and protests.

3:30 p.m. - 5:30 p.m.
Long Range Planning Committee Meeting
Rosdale Room, Level H-1


TUESDAY, AUGUST 4

7:00 a.m. - 8:30 a.m.
Construction Division Breakfast
and Business Meeting

High Park Ballroom, Level H-1
TICKETED FUNCTION

8:00 a.m. - 9:30 a.m.
Joint Meeting of International Procurement Committees of Section of Public Contract Law and Section of International Law and Practice
Manitoba Room, MM Level, Royal York Hotel

9:00 a.m. - 12:00 noon
PROGRAM‹Construction Contracting: New Twists on Perennial Problems
The Forest Hill, Level H-1

Joint program with the Forum on the Construction Industry

Program Chairs and Moderators:

Stanley A. Martin
Gadsby & Hannah LLP
Boston, MA

Andrew D. Ness
Morgan, Lewis & Bockius LLP
Washington, DC

Schedule, delay and impact issues are perennial grist for the claims and changes mill. Is developing technology for project control going to cut down on the number of disputes? What is the new landscape of delay and impact costs, and how should those claims be prepared and proven?

The first panel will cover trends in the law, and discuss how advances in project communication and project controls may affect documentation, presentation and validity of schedule claims.

The Design/Build model of construction project delivery has gained a substantial share of the public and private construction market in recent years, and threatens to surpass the traditional Design/Bid/Build model in popularity over the next 10 years. Coupled with the increased use of Design/Build is the growth of project financing as the preferred financing vehicle for many projects.

But what has the shift to design/build and project finance meant for the attorneys involved in the construction process? How have the critical legal issues in drafting and negotiating contracts changed? What is the effect on the nature and frequency of disputes and claims? What are the cutting edge legal issues today and how are they likely to be resolved by the courts?

The second panel of attorneys‹heavily engaged in different aspects of a wide variety of design/build and project-financed projects‹will provide their insight into how the shift to design/build is affecting construction law practice today, and where the present trends will likely take us tomorrow.

Schedule Delays - Where New Technology Meets Old Standards

Moderator:

Stanley A. Martin
Gadsby & Hannah LLP
Boston, MA

Speakers:

James F. Nagle
Oles, Morrison & Rinker
Seattle, WA

The Hon. Eric G. Bruggink
U. S. Court of Federal Claims
Washington, DC

Richard J. Sieracki
Tucker Alan Inc.
Chicago, IL

Battle Lines in Design/Build Projects

Moderator:

Andrew D. Ness
Morgan, Lewis & Bockius LLP
Washington, DC

Speakers:

Lewis J. Baker
Watt, Tieder, Hoffar & Fitzgerald, L.L.P.
McLean, VA

Bennett D. Greenberg
Seyfarth, Shaw, Fairweather & Geraldson
Washington, DC

Larry D. Harris
Piper & Marbury LLP
Washington, DC

12:00 noon - 2:00 p.m.
Section Luncheon and Annual
Alan E. Peterson Lecture

High Park Ballroom, Level H-1
TICKETED FUNCTION

Speaker:
Chief Judge Loren A. Smith
U.S. Court of Federal Claims
Washington, DC

2:00 p.m. - 2:15 p.m.
Annual Section Business Meeting
High Park Ballroom, Level H-1

Presiding:

Marcia G. Madsen
1997-98 Section Chair
Miller & Chevalier, Chartered
Washington, DC
Includes election of Officers and Council Members for 1998-99 and other Section business.

2:15 p.m. - 5:00 p.m.
New Council Meeting
The Forest Hill, Level H-1

Presiding:

David A. Churchill
1998-99 Section Chair
McKenna & Cuneo LLP
Washington, DC

COMING ATTRACTIONS

November 5-7, 1998
Fall Educational Program and Open Council Meeting
The Broadmoor, Colorado Springs, CO

February 25-27, 1999
Fifth Annual Federal Procurement Institute and Midyear Council Meeting
Loews Annapolis Hotel, Annapolis, MD

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
IMPORTANT MEETING INFORMATION

Room Reservations and Registration

Room reservations and registration for the Annual Meeting must be processed through the ABA Official Registrar, I.T.S. To register and secure hotel accommodations, all participants are required to submit the ABA Registration Form, included as part of the "Toronto" pullout in the May 1998 ABA Journal. For further information, please call the ABA Meetings and Travel Department at 312/988-5870 or I.T.S. at 847/940-2124. You may also register online for the meeting and request hotel accommodations by visiting the ABA's website at http://www.abanet.org and clicking on the "Toronto" icon.

Act now! The deadline for obtaining housing through I.T.S. is Monday, June 29, by 5:00 p.m. Central Daylight Savings Time. In order to appear in the Advance Registration List, I.T.S. must receive your registration form and payment by 5:00 p.m. CDST on Thursday, July 9, 1998.

Crossing the Border

You can use your valid U.S. passport to prove U.S. citizenship, but your U.S. birth certificate or naturalization papers with a driver's license or other photo i.d. are also acceptable. If you are concerned about admissibility to Canada, contact the Canadian Embassy or nearest consulate.

What to Wear

Whether you wear business apparel‹or go casual‹you'll be appropriately dressed for theater or dinner most places in Toronto. Pack a sweater for the occasional cool evening. And don't forget swimwear and workout gear for your hotel's fitness center. Summers in Toronto are clear and hot, kept comfortable by breezes off Lake Ontario. Average temperature in August is 78°F (26°C). Pack casual clothes and comfortable shoes to explore Harbourfront parks and the smart shops and restaurants of Yorkville.