American Bar Association

Section of Public Contract Law

 

 

Mark your calendar NOW to attend

 

Trends in Competition:

Trends in

Competition:

Government

Contracts

and Beyond

 

 

Friday, May 11, 2001

Royal Sonesta Hotel

Cambridge, Massachusetts

 

 

 

Competition, long the watchword of federal acquisition law, continues to serve as a "bull's eye" for controversy. Many have questioned whether the requirement for full and open competition imposes intolerable inefficiencies on the federal procurement system. Others contend that procurement reform’s "streamlining" has gutted the requirement for competition.

Then, there are the questions about the fairness of public/private competitions under Office of Management and Budget Circular A-76. In the international arena, concerns have been raised about impediments posed by export controls on the ability of U.S. firms to compete in the international marketplace.

Panels of experts—attorneys and other specialists in the field—will target each of these cutting-edge issues. You'll hear about:

Government is moving to ever-greater reliance on streamlined acquisition techniques. The aim of the Office of Management and Budget Director is to expand A-76 competitions and make more accurate FAIR Act inventories.

Whether you're in Government, industry, or private practice—a lawyer or procurement professional—you'll find this program essential for keeping pace with these timely and important issues.

THURSDAY, MAY 10

6:00 p.m. to 8:00 p.m.

Cocktail Reception hosted by the firm of Perkins, Smith & Cohen LLP

 

FRIDAY, MAY 11

PROGRAM

 

7:45 a.m. to 8:15 a.m.

Registration

 

8:15 a.m. to 8:30 a.m.

Welcome

 

Thomas P. Barletta, Co-Chair

Annual and Quarterly Programs Committee

Steptoe & Johnson LLP

Washington, DC

 

Carl L. Vacketta, Co-Chair

Annual and Quarterly Programs Committee

Piper Marbury Rudnick & Wolfe LLP

Washington, DC

 

Introduction – Spring Program Co-Chairs

Anthony H. Gamboa

General Counsel

General Accounting Office

Washington, DC

 

Mark D. Colley

Holland & Knight LLP

Washington, DC

 

8:30 a.m. to 10:00 a.m.

Do A-76 Procedures Result in Fair Competitions?

Do A-76 rules favor either the private or the public sector?

What have recent GAO bid protest decisions said about the fairness of the competitions?

 

Daniel I. Gordon, Moderator

Associate General Counsel

General Accounting Office

Washington, DC

 

Gregory H. Petkoff

Associate General Counsel

Department of the Air Force

Washington, DC

 

Thomas L. McGovern III

Hogan & Hartson, L.L.P.

Washington, DC

 

Deneen J. Melander

Fried, Frank, Harris, Shriver & Jacobson

Washington, DC

 

Martin Cohen

Assistant General Counsel for Litigation

American Federation of Government Employees (AFGE)

Washington, DC

 

10:00 a.m. to 10:15 a.m.

Break

 

10:15 a.m. to 11:45 a.m.

International Competitiveness — Do U.S. Regulations Achieve an Appropriate Balance?

The Defense Trade Security Initiatives — Does the ITAR continue to inhibit joint development and trade with our allies?

The European "Framework Agreement" — How will a NATO-wide priority and allocation system affect U.S. industry?

Joint Development Projects — Can you really get U.S. approval to venture with the French and other European companies?

 

Alan W.H. Gourley, Co-Moderator

Crowell & Moring LLP

Washington, DC

D. Kay Cannon, Co-Moderator

General Counsel

Defense Security Cooperation Agency

Arlington, VA

 

William J. Denk

Director, Defense Programs Division

BXA Office of Strategic Industries & Economic Security

Department of Commerce

Washington, DC

 

G. Christopher Griner

Kaye Scholer LLP

Washington, DC

 

Susan Ludlow MacMurray

Director, International Security Programs

Office of the Under Secretary of Policy

Department of Defense

Washington, DC

 

Gregory M. Suchan

Acting Assistant Secretary for Political-Military Affairs

Department of State

Washington, DC

 

11:45 a.m. to 1:30 p.m.

Luncheon

Presiding:

Gregory A. Smith, Chair

Section of Public Contract Law

Piper Marbury Rudnick & Wolfe LLP

Washington D.C.

Speaker:

Shelley Stewart, Jr.

Vice President, Supply Chain

Raytheon Company

Lexington, MA

Topic:

E-Procurement in a Collaborative Environment

 

1:30 p.m. to 5:00 p.m.

What Impact Have Streamlined Procurement Techniques Had on Competition in the Federal Marketplace?

Are streamlined procedures innovative ways to increase efficiency, or simply ways to avoid meaningful competition?

Have simplified or alternative acquisition methods diminished competition or has competition simply changed in character?

Does maximizing competition remain a Federal procurement objective and, if so, how is it best preserved?

 

1:30 p.m. to 3:00 p.m.

Panel One: Competition in a "Reformed" Federal Marketplace

Mark D. Colley, Moderator

Holland & Knight LLP

Washington, DC

 

Douglas P. Larsen

Deputy General Counsel (Acquisition & Logistics)

Department of Defense

Washington, DC

 

David A. Drabkin

Deputy Associate Administrator

Office of Acquisition Policy

General Services Administration

Washington, DC

 

Cathleen D. Garman

Vice President, Public Policy

Contract Services Association

Washington, DC

 

William T. Woods

Assistant General Counsel

General Accounting Office

Washington, DC

 

Patrick J. Gnazzo

Vice President, Business Practices

United Technologies Corp.

Hartford, CT

 

3:00 p.m. to 3:15 p.m.

Break

 

3:15 p.m. to 5:00 p.m.

Panel Two: The Continuing and Future Role of Competition

 

Mark D. Colley, Moderator

Holland & Knight LLP

Washington, DC

 

Steven J. Kelman

Weatherhead Professor of Public Management

John F. Kennedy School of Government

Harvard University

Cambridge, MA

 

C. Stanley Dees

McKenna & Cuneo LLP

Washington, DC

 

Steven L. Schooner

Associate Professor of Government Contracts Law

George Washington University Law School

Washington, DC

 

5:30 p.m. to 7:30 p.m.

Cocktail Reception

 

COMING ATTRACTIONS

AUGUST 3 - 7, 2001

Annual Educational Programs and Open Council Meetings

Hotel Inter-Continental, Chicago, IL

 

NOVEMBER 1 - 3, 2001

Fall Educational Program and Open Council Meeting

Wyndham San Diego at Emerald Plaza, San Diego, CA

 

FEBRUARY 28 - MARCH 2, 2002

8th Annual Federal Procurement Institute and Open Midyear Council Meeting

Loews Annapolis Hotel, Annapolis, MD

 

MAY 2 - 4, 2002

Spring Educational Program and Open Council Meeting

Savannah Marriott Riverfront, Savannah, GA

 

SECTION COUNCIL MEETING

On Saturday, May 12, from 9:00 a.m. to 12:30 p.m., at the Royal Sonesta Hotel, 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 May 4, 2001. Refund requests received after April 24 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time.

If you complete a registration form and fax it to the Section office, the transaction is considered a firm commitment, and you will be expected to pay the registration fee even if circumstances prevent you from attending the conference.

NO refunds will be made after May 4, 2001.

HOTEL INFORMATION

On the banks of the Charles River overlooking famed Beacon Hill, stands the Royal Sonesta Hotel, located on the Cambridge side of Boston at 5 Cambridge Parkway. The hotel is surrounded by many points of interest including Quincy Market, Faneuil Hall and the historic waterfront. Cambridge's high tech centers and renowned medical and academic institutions are within minutes of the hotel, as is Logan International Airport which is only three miles away.

Among the amenities in the luxuriously-appointed guest rooms are in-room coffee makers, honor bars, hair dryers, in-room safes, and full-size ironing boards and irons. The professionally staffed Sonesta Club features an indoor/outdoor pool with retractable roof, fitness room, whirlpool, saunas and a full range of spa services.

Room rates at the Royal Sonesta Hotel are $195, single or double, plus 12.45% tax per room per night. For each additional adult in the room (triple or quad occupancy), there is a $25 charge. There is no charge for children 17 years of age or under when sharing a room with adults. A limited number of rooms are available at the government rate of $179, single or double. Parking rates range from $13 to $16 per day.

You may reserve your accommodations by calling the Royal Sonesta directly at 617/806-4200, identifying the ABA Public Contract Law Spring 2001 Meeting room block, 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 4:00 p.m. on the scheduled date of arrival to avoid a one night’s cancellation charge.

One night's room and tax will be charged to any individual with a guaranteed reservation who is a "no show." A $25.00 early departure fee will be charged to any guest departing prior to the date confirmed at check-in. The fee will be automatically posted to the guest's room account on or after departure. Emergency and special circumstance situations will be reviewed on a case-by-case basis.

Make your reservations NOW. The hotel will release the room block on Monday, April 16, 2001.

SPECIAL AIRLINE DISCOUNTS

You can fly to ABA meetings with unbeatable airfares on the following carriers by purchasing your ticket under the ABA Discount Code and using one of two options: Percentage Discounts or Zone Fares. Once your airfare has been determined, the percentage discount can then be applied to produce additional savings to you. By asking the agent to compare the percentage discounted fare with the carrier's Zone Fares, even greater savings may be achieved. Zone Fares are more flexible and user-friendly than non-refundable, restricted airfares. While Zone Fare rules and restrictions vary with each airline, most only require a 7-day advance purchase; do not require a Saturday night stay; are changeable and refundable and require only a 2-day minimum stay. Zone Fares may not always be lower than the percentage discounted fare, but it is a smart practice to always ask your travel reservationist if your trip is eligible for Zone Fares.

The ABA Discounted Meeting Airfares are available through your travel agent, directly from the airline or from the ABA travel agency, Tower Travel at 800/921-9190. Applicable transaction fees will be quoted at the time the reservation is made.

 

Ž American Airlines

800/433-1790

ABA Code: S13266

Ž Delta Air Lines

800/241-6760

ABA Code: 170346A

l US Airways

 

877/874-7687

ABA Code: 21900057

 

 

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 Trends in Competition: Government Contracts and Beyond on Friday, May 11, 2001, at the Royal Sonesta Hotel in Cambridge, Massachusetts.

Registration Fee:

q $220 PCL Section Member or Associate

q $185 Government Employee PCL Section Member

q $205 Other Government Employee

q $265 ABA Member, PCL Non-Member

q $290 Non-ABA Member

and/or

q Free Thursday, May 10, Cocktail Reception *

q Free Friday, May 11, Cocktail Reception *

q Free Saturday, May 12, Council Meeting

For reservations postmarked or faxed after May 4, 2001 and for walk-in registrants, add $25 to each fee category.

Name _________________________________________________________________________

Please type or print legibly

ABA Member No. _______________________________________________________________

 

Firm/Agency/Company ____________________________________________________________

 

Address _______________________________________________________________________

 

City, State, Zip __________________________________________________________________

 

Telephone Number _______________________________________________________________

 

Fax Number ____________________________________________________________________

 

q Enclosed is my check, made payable to the American Bar Association/PCL, for $______.

q Charge $______to my Credit Card:       q Visa       q MasterCard       q AmEx

Card Number: _____________________________

Exp. Date: ________________________________

Signature: ________________________________

q Government purchase/training order enclosed.

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

q Please send me information on becoming a member or associate of the:

q American Bar Association

q Public Contract Law Section

q I am an attorney q I am not an attorney