American Bar Association
Section of Public Contract Law

The CDA at Twenty:

Friday, November 6, 1998

The Broadmoor
Colorado Springs, Colorado

Congress enacted the Contract Disputes Act in November of 1978 to provide a statutory framework for resolving federal procurement disputes. On the 20^th anniversary of this bedrock legislation we will meet to review the dispute process and discuss whether the CDA has succeeded and how it might be improved.

Active judges and experts from both government and the private bar will give their perspectives on how the disputes process is working. Each will provide practical tips and guidance on how to successfully and effectively litigate procurement cases. Here are some examples:

_ You receive an internal legal memorandum from the files of the opposing party that provides a detailed assessment of that party’s claim and defenses. May you read it? Must you read it to satisfy your ethical obligation to zealously represent your client?

_ Discovery may be both expensive and a primary cause of litigation delays. Federal district courts have streamlined discovery to make it more efficient. How do the Court of Federal Claims and Board procedures stack up? Do government and other privileges impede discovery and the ultimate fact-finding process?

_ The contracting officer demands repayment of funds but refuses to issue a final decision or issues a final decision without ever discussing the issue with the contractor. What are the requirements for a government claim? What authority does the contracting officer have and what is the evidentiary value of any concessions by the contracting officer? What options, short of full litigation, are available for resolving a dispute?

_ A distinguished panel of seasoned lawyers and judges will discuss whether the CDA can or should be improved? Should there be an exhaustion requirement for resolving contract disputes? Do current remedies provide adequate and effective relief? What does the future hold?

Join us in Colorado Springs for a comprehensive program on the CDA and the dispute resolution process. You won’t have to climb any mountains to get these words of wisdom, but Pike’s Peak is there for the adventurous. Thursday’s special tour of the Air Force’s Cheyenne Mountain facility is a once-in-a-lifetime chance to see one of the cornerstones of our national defense.

PROGRAM

Thursday, November 5

1:30 p.m. — 5:00 p.m.

Tour of U.S. Air Force Cheyenne Mountain Facility

Space is limited and reservations MUST be made IN ADVANCE by completing and submitting the Registration Application BEFORE Thursday, October 15, 1998. Also, because of security considerations, all registrants for this tour must supply their social security numbers and use the bus transportation provided. NO private vehicles will be allowed entry to the facility.

Panelists will include experts with substantial involvement in disputes involving classified contracts. Discussion will focus on issues such as which side bears the risk when a claim or defense must invoke State Secrets and the impact of classified materials on state or federal court discovery.

David Kasanow, Moderator,
McKenna & Cuneo LLP

_ Coping with Classified Discovery

_ State Secrets Doctrine

_ Policy Issues

Kirk T. Manhardt, Assistant Director
Commercial Litigation Branch, Civil Division
U.S. Department of Justice

Charles Alliman, Associate Director
Compliance Review & Litigation
Support Group
U.S. Department of Justice

Frederick W. Claybrook, Jr.
Crowell & Moring LLP

7:00 p.m. to 8:30 p.m.

Reception hosted by McKenna & Cuneo, LLP

PROGRAM

Program Registration

8:15 a.m. - 8:30 a.m.

Welcome

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

Raytheon Systems Company
Arlington, VA

Michael A. Hordell, Co-Chair
Annual and Quarterly Programs

Gadsby & Hannah LLP

Washington, DC

Introduction - Fall Program Co-Chairs

Alan W. H. Gourley

Crowell & Moring LLP
Washington, DC

Col. Alexander W. Purdue

HQ Air Force Materiel Command
Wright-Patterson AFB, OH

8:30 a.m. — 10:00 a.m.

Fostering Professionalism

Judge Mary Coster Williams, Moderator

General Services Board of Contract Appeals
Washington, DC

_ Candor and Civility

_ Ethical Issues Facing the Litigator

_ Sanctions

Judge Eric G. Bruggink

U.S. Court of Federal Claims
Washington, DC

PROGRAM

Paul F. Khoury

Wiley, Rein & Fielding
Washington, DC

Lt. Col. Paul E. Van Maldeghem

U.S. Air Force

Arlington, VA

10:00 a.m. — 10:15 a.m.

Break

10:15 a.m. — 12:00 noon

Discovery

Judge Robert H. Hodges, Jr., Moderator

U.S. Court of Federal Claims
Washington, DC

_ COFC Rule 26 — Initial Disclosures

_ Board Rule 4 Appeal File

_ Deposition Practice and Issues

_ Government and Other Privileges

John M. Taffany

HQ Air Force Materiel Command

Directorate of Contract Appeals
Wright-Patterson AFB, OH

Thomas J. Madden

Venable, Baetjer, Howard & Civiletti
Washington, DC

Sharon Y. Eubanks, Deputy Director

Commercial Litigation Branch, Civil Division
U.S. Department of Justice
Washington, DC

Judge Carol N. Park-Conroy

Armed Services Board of Contract Appeals
Arlington, VA

PROGRAM

12:00 noon — 1:30 p.m.

Luncheon

Presiding:

David A. Churchill, Chair

Section of Public Contract Law

McKenna & Cuneo LLP

Washington, DC

Speaker:

Not yet confirmed

1:30 p.m. — 3:00 p.m.

The Contract Disputes Act — Today

Judge Reba A. Page, Moderator

U.S. Army Corps of Engineers Board
of Contract Appeals

Washington, DC

_ Claims — Contractor and Government

_ Contracting Officer - Role and Authority

_ Litigation Alternatives

_ Remedies and Interest

Judge Marian Blank Horn

U.S. Court of Federal Claims
Washington, DC

Col. Nicholas "Chip" P. Retson

Army Chief Trial Attorney
Army Litigation Center
Arlington, VA

George D. Ruttinger

Crowell & Moring LLP
Washington, DC

Thomas L. McGovern

Hogan and Hartson LLP
Washington, DC

PROGRAM

3:00 p.m. — 3:15 p.m.

Break

3:15 p.m. — 5:00 p.m.

The Contract Disputes Act — A Look To The Future

Richard P. Rector, Moderator

Piper & Marbury LLP
Washington, DC

_ Jurisdiction, Certification, Interest, and Filing Deadlines

_ Structure and Availability of Appeal Forums

_ Use of Non-Traditional Resolution Techniques

_ Remedies and Rules of Procedure

Chief Judge Loren A. Smith

U.S. Court of Federal Claims
Washington, DC

C. Stanley Dees

McKenna & Cuneo LLP
Washington, DC

Donald J. Kinlin

Thompson Hine & Flory LLP
Dayton, Ohio

Frank Carr

Chief Trial Attorney
U.S. Army Corps of Engineers
Washington, DC

Steven L. Schooner, Associate Professor

Government Contract Law
George Washington University
Washington, DC

5:30 p.m. — 7:30 p.m.

Cocktail Reception

SECTION COUNCIL MEETING

On Saturday, November 7, from 9:00 a.m. to 1:00 p.m., at The Broadmoor, the Council of the Section of Public Contract Law will meet in open session to discuss issues of current importance to government contracts practitioners. All members and registrants for the Friday program are welcome.

Please complete and return the Registration Application if you will attend the Saturday Council Meeting.

CLE 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.

CANCELLATION POLICY

Requests for refund must be made in writing and received in the Section of Public Contract Law's office on or before October 30, 1998. Refund requests received after October 20 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time.

NO Refunds will be made after October 30, 1998.

HOTEL INFORMATION

The Broadmoor is located at an elevation of 6,500 feet on the eastern face of the Rocky Mountains, five miles from downtown Colorado Springs. The climate on the Broadmoor side of the mountain is beautiful and sunny practically year round. Average temperatures during November are 65/high and 25/low. Snow is possible, so visitors are advised to pack accordingly!

Room rates at The Broadmoor are $145, single or double, plus 8.1% tax per room per night, plus a daily service charge of $10 per room. This service charge includes unlimited health club access, including aerobics classes, local phone calls, long distance access charges and toll-free access charges, incoming faxes, daily newspaper delivery, daily maids gratuities, and in-room coffee service.

Several major airlines provide over 100 flights per day into Colorado Springs, with non-stop flights from hubs such as San Francisco, Los Angeles, St. Louis, Chicago, Dallas/Ft. Worth and other major cities.

To ensure sleeping room availability at The Broadmoor for participants in the November 6 program, requests for reservations on November 4 and 5 will be given on a priority basis to speakers and registrants.

You may reserve your accommodations by calling The Broadmoor directly at 800-634-7711 or 719-634-7711 and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check-in after 4:00 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 7 days 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 Monday, October 5, 1998.

SPECIAL AIRLINE DISCOUNTS

If you fly Delta Air Lines, United Airlines, or USAirways 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.

_ DELTA AIR LINES – 1-800-241-6760

Reference # E0001

_ UNITED AIRLINES – 1-800-521-4041

Reference # 515VP

_ USAirways – 1-800-334-8644

Reference # 21900057

COMING ATTRACTIONS

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

REGISTRATION APPLICATION

Send directly to:

Marilyn M. Neforas

American Bar Association

750 North Lake Shore Drive

Chicago, Illinois 60611-4497

312-988-5596 – Fax: 312-988-5688

Please register the following person for the Public Contract Law (PCL) Section program on The CDA at Twenty on Friday, November 6, 1998, at The Broadmoor in Colorado Springs, Colorado

Registration Fee:

_ $175 Government Employee PCL Section Member

_ $195 Other Government Employee

_ $210 PCL Section Member or Associate

_ $250 ABA Member _ Enroll me in the PCL Section; my registration fee includes $35 for 1st year's dues.

_ $275 Non-ABA Member

and/or

_ Free Thursday, November 5, Cheyenne Mountain

_ Free Thursday, November 5, Practicum

_ Free Thursday, November 5, Cocktail Reception

_ Free Friday, November 6, Cocktail Reception *

_ Free Saturday, November 7, Council Meeting

Name

Social Security No.

ABA Member No.

Firm/Agency/

Company

Address

City, State, Zip

Telephone Number

Fax Number

Enclosed is my check, payable to the AMERICAN BAR ASSOCIATION/PCL, for $ .

* Registration fee includes all scheduled coffee breaks, program luncheon, Friday cocktail reception and a bound manual of speakers' written presentations.

_ Please send me information on becoming a member or governmental business associate of the:

_ American Bar Association

_ Public Contract Law Section

_ I am an attorney _ I am not an attorney