Summary:

Commentators:

6:30 p.m. - 8:30 p.m.

This gracious social gathering for Section members and their guests is made possible through the generosity of the following firms which have contributed to defray its expenses:

Reception Sponsors

Adams Kleemeier Hagan Hannah & Fouts
ADR Offices of Fried & Rumbaugh
Arent Fox Kintner Plotkin & Kahn
Arnold & Porter
Bastianelli, Brown, Touhey & Kelley, Chartered
Bryan Cave L.L.P.
Crowell & Moring LLP
Doyle & Bachman
Epstein Becker & Green, P.C.
Faegre & Benson LLP
Federal Publications Inc – A West Group Company
Fried, Frank, Harris, Shriver & Jacobson
Gadsby & Hannah LLP
Gardere & Wynne, L.L.P.
Hogan & Hartson LLP
Holland & Knight LLP
Howrey & Simon
Kilpatrick Stockton LLP
Kirkland & Ellis
Kutak Rock
Latham & Watkins
McAleese & Associates, P.C.
McKenna & Cuneo, L.L.P.
McManus, Schor, Asmar & Darden, L.L.P.
Miller & Chevalier, Chartered
Morgan, Lewis & Bockius, LLP
Oles, Morrison, Rinker & Baker LLP
Pepper Hamilton LLP
Perkins Coie LLP
Piper & Marbury L.L.P.
Powell, Goldstein, Frazer & Murphy LLP
Reed Smith Shaw & McClay, LLP
Rogers, Joseph, O'Donnell & Quinn
Seyfarth, Shaw, Fairweather & Geraldson
Shaw, Pittman, Potts & Trowbridge
Smith, Currie & Hancock LLP
Smith, Pachter, McWhorter & D’Ambrosio, P.L.C.
Spriggs & Hollingsworth
Steptoe & Johnson
Treacy, Schaffel, Moore & Mueller
Venable, Baetjer, Howard & Civiletti
Watt, Tieder, Hoffar & Fitzgerald, L.L.P.
Wickwire Gavin, P.C.
Wiley, Rein & Fielding
Winston & Strawn

SUNDAY, AUGUST 8

7:30 a.m. - 9:00 a.m.

Regency Ballroom V, Ballroom Level

9:00 a.m. - 12:00 noon

Jointly sponsored by Section of Taxation

PAY LESS TAXES! RECOVER MORE TAX COSTS! Now that we have your attention. . . .

Government contracts can provide opportunities for tax planning at both the federal and state level. Opportunities to maximize the recovery of state taxes in government contracts are sometimes overlooked. Proper planning requires coordination of the tax, contracts, and government accounting staffs.

Both tax and contracts professionals will get updates on current issues and a better understanding of how decisions relating to one issue may impact the other.

Introduction:

Mergers and reorganizations require a fresh examination of the impact of changes in the unitary tax structure on the recovery of tax costs, the various methods used for measuring taxes and their impacts on the tax allocation methodologies.

Alan C. Brown, Moderator
McKenna & Cuneo, LLP
Washington, DC

Paul Cienki
Director of Government Accounting
Textron, Inc.
Providence, RI

Paul Mitchell (invited)
Defense Contract Audit Agency
Fort Belvoir, VA

Robert A. Esernio, Jr.

Ernst & Young

Stamford, CT

The "Aerospace" decision in California has spurred efforts to obtain exemptions from sales, use and property taxes charged to federal government contracts. This panel will discuss the bases for exemptions from state taxes and the process for pursuing a refund.

Jean A. Pawlow, Moderator

Miller & Chevalier, Chartered

Washington, DC

Alan D. Floria

PricewaterhouseCoopers, LLP

Los Angeles, CA

Christopher J. Petracek

Manager, Sales & Property Taxes

The Boeing Company

Seal Beach, CA

Ed Many

Director, Central Audit Division

Georgia Department of Revenue

Atlanta, GA

Hundreds of millions of dollars in state sales and use taxes were refunded to government contractors pursuant to the "Aerospace" decision in California. The Government then claimed that the terms of its government contracts and procurement regulations required that the amounts received from the state be paid to the federal government. This panel will address issues that arise in determining who gets to keep the refunds.

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

Committee Meetings

Dunwoody, Atlanta Conference Center

• Commercial Products and Services

Fairlie, Atlanta Conference Center

• Debarment and Suspension

Kennesaw, Atlanta Conference Center

• Federal Subcontracting

Greenbriar, Atlanta Conference Center

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

Committee Meetings

• International Procurement

Courtland, Atlanta Conference Center

• Research and Development

Inman, Atlanta Conference Center

7:30 a.m. - 9:00 a.m.

Breakfast for 1999-2000 Committee Officers

Regency Ballroom V/VI, Ballroom Level

9:00 a.m. - 12:00 noon

Are We There Now?

Regency Ballroom VII, Ballroom Level

Globally, defense contractors are continuing their consolidation, even though governments have signaled their opposition to some transactions. Further consolidation may bridge the Atlantic and strengthen European Defense entities to compete internationally with U.S. firms. The implications are significant.

Meanwhile, Secretary Gansler has issued a memorandum disapproving exclusive teaming arrangements involving entities that are sole source suppliers of critical systems or components.

Two panels will examine the issues practitioners and policy makers are likely to face in future mergers and acquisitions.

Introduction:

• Recent Government decisions on business combinations

• How will U.S. DOD and European Defense Ministries consider cross-Atlantic and intra-European arrangements?

• Security and technology transfer implications of foreign ownership/directorship

• Key steps in the processes for U.S. and European approval of cross-Atlantic business combinations

Moderator:

Speakers:

Anita Antenucci

Washington, DC

• Has DOD accepted a subcontractor tier of sole source suppliers?

• What are the implications to the sole-source provider?

• What are the ramifications of the proposed FAR change on teaming arrangements?

Moderator:

Speakers:

Benjamin S. Sharp

2:00 p.m. - 3:30 p.m.

State and Local Division Workshop

Courtland, Atlanta Conference Center

Informal discussion of state and local procurement, with a focus on delivery mechanisms including electronic procurement, design-build, cooperative procurements, and protests.

3:30 p.m. - 5:30 p.m.

Long Range Planning Committee Meeting

Greenbriar, Atlanta Conference Center

7:00 a.m. - 9:00 a.m.

on Kumho Tire Decision

Regency Ballroom VII, Ballroom Level

Ticketed Event

Members of the construction bar and judiciary will discuss the Daubert-Joiner-Kumho trilogy. The U.S. Supreme Court extended the Daubert standards to all expert witness testimony, not just that by scientific experts. What is the effect of Kumho, particularly in reference to gaining or denying recognition of witnesses offering opinions as experts in construction litigation and BCA cases involving scheduling and delay analysis, construction means and methods, building code compliance and industry custom and practice?

9:00 a.m. - 12:00 noon

Program – Commercialization of Federal Procurement: Road to the Promised Land?

Regency Ballroom VI, Ballroom Level

A major objective of federal acquisition reform is the integration of the commercial/military industrial base, which the Government believes will permit it to purchase higher quality goods and services at a lower cost. More "commercial-like" business practices in federal procurements are thought to entice world class companies that currently refrain from selling directly to the Government into becoming Government suppliers.

Two initiatives being vigorously pursued to permit the Government to become more "commercial" include the adoption of price-based acquisition ("PBA") and substantially increasing the outsourcing and privatization of efforts currently being performed by Government employees.

This Program explores the benefits and burdens of both price-based acquisition and outsourcing and privatization.

Introduction:

Moderator:

• Principles and objectives of PBA

• Acquisition strategies and techniques to promote PBA

• Application of PBA principles to contract administration issues

• Statutory and regulatory issues and changes related to implementation of PBA (e.g., TINA and CAS)

Moderator:

• Privatization at DOE – Unique Opportunities and Issues

• OMB Circular A-76 Competitions in the Business World

• What Has Recent Experience Taught Us About

Public/Private Competition?

• Challenging the Results of an OMB Circular A-76 Competition – Successfully

Janet Zoe Barsy

Prof. William E. Kovacic

12:00 noon - 2:00 p.m.

Alan E. Peterson Lecture

Regency Ballroom V, Ballroom Level

Ticketed Event

Speaker:

2:00 p.m. - 2:15 p.m.

Annual Section Business Meeting

Regency Ballroom V, Ballroom Level

Presiding:

Includes election of Officers and Council Members for 1999-2000 and other Section business.

2:15 p.m. - 5:00 p.m.

New Council Meeting

Regency Ballroom VII, Ballroom Level

Presiding:

IMPORTANT MEETING INFORMATION

Act now! The deadline for obtaining housing through I.T.S. is Wednesday, July 7, 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 15, 1999.