Section of Public Contract Law
American Bar Association
750 North Lake Shore Drive
Chicago, Illinois 60611-4497

Negotiated Procurements:
Life After Procurement Reform

Friday, May 15, 1998
Le Meridien
New Orleans, Louisiana

Rip up your old contracts' text and throw out yesterday's notions regarding negotiated procurements. The rules and the process have changed and so must we. And the transformation beat continues. . . .
During this program all phases of a negotiated procurement will be covered, with separate panels focusing on some of these key questions of interest:

_ You've been excluded from the competitive range. What are the new FAR Part 15 rules and what are your options ?

_ You believe your competitor is in serious trouble in a comparable program to one now being competed. Proposals have been submitted. Can you make sure your competitor's substandard performance is considered?

_ An offeror provides post development production engineering assistance to commercial customers for its product. As the PCO, do you need to obtain cost or pricing data for similar services offered in connection with product sales to the Government?

_ The issue is whether a contract modification is beyond the scope of a contract you competed for and lost. If you are thinking protest, why choose the GAO instead of the COFC?

In addition, the Thursday evening practicum will demonstrate the advantages and pitfalls of the "extended" or in-depth debrief used by some agencies on an experimental basis. The focus will be on access to and disclosure of information as part of that process:
_ Can past performance information regarding all competitors be released and, if so, with what protections?

Throughout the program expert panelists from Government, private practice, and corporations will share their knowledge and perspectives on all these issues affecting negotiated procurements, and many others as well.

Come to New Orleans and listen to the tune of reformed negotiated procurements. You'll have to pay close attention to the new lyrics, but, after that, you can forget about procurement reform, loosen your collar, and relax with some real jazz. See you down in The Big Easy!

PROGRAM

Thursday, May 14

6:00 p.m. to 7:30 p.m.

Practicum: Release of Information and
Extended Debriefings: Is the Process Working?

This one and a half hour discussion will focus on the practical aspects of the new extended debriefing processes adopted by many federal agencies.

Agnes P. Dover, Moderator
Hogan & Hartson
Washington, D C

_ Access to Useful Information Provided?
_ Likelihood of Protests Reduced?
_ Proprietary Information Protected?
_ Value Added to the Process?

Friday, May 15

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

John A. Burkholder, Co-Chair
Annual Meeting and Quarterly Programs
McKenna & Cuneo
Los Angeles, CA

Maryanne R. Lavan, Co-Chair
Annual Meeting and Quarterly Programs
Lockheed Martin Corporation
Bethesda, MD

Introduction

Barbara A. Pollack, Program Co-Chair
Raytheon Systems Company
El Segundo, CA

Kent R. Morrison, Program Co-Chair
Crowell & Moring LLP
Washington, DC
8:30 a.m. - 10:15 a.m.
The FAR Part 15 Rewrite

Michael A. Hordell, Moderator
Gadsby & Hannah, LLP
Washington, DC

_Government Expectations
_Effective Contractor Communications
_Evaluation of Past Performance
_Competitive Range Determinations
_Discussions/Clarifications

David A. Drabkin
Department of Defense
Washington, DC

John S. Pachter
Smith, Pachter, McWhorter & D'Ambrosio
Vienna, VA

Mark E. Langevin
Litton Industries, Inc.
Woodland Hills, CA

David F. Dowd
Miller & Chevalier, Chartered
Washington, DC

10:15 a.m. - 10:30 a.m.
Coffee Break

10:30 a.m. - 12:00 noon
Protesting Negotiated Procurements Today

Thomas C. Papson, Moderator
McKenna & Cuneo LLP
Washington, DC

_Evolving GAO Approach to Large Negotiated Procurements
_Impact of COFC Jurisdiction on Choice of Forum
_Out of Scope Modifications
_Implications of FAR 15 Rewrite

Steven W. DeGeorge
AT&T
Washington, D C

12:00 noon - 1:30 p.m.
Luncheon

Presiding:
Marcia G. Madsen, Chair
Section of Public Contract Law
Miller & Chevalier
Washington, DC

Speaker:
Not yet confirmed

1:30 p.m. - 3:15 p.m.

Costs/CAS/TINA -- Still Alive

Terry L. Albertson, Moderator
Crowell & Moring LLP
Washington, DC

_ New Change in Accounting Practice Regulation
_ Systems to Ensure Compliance with TINA
Disclosure Requirements
_ Are the New Exemptions Working?
_ Guidance from DLA on Roll-Forward Agreements

3:30 p.m.-5:00 p.m.
Special Transactions

Patricia A. McNall, Moderator
Federal Aviation Administration
Washington, DC

_ GWACs, IDIQ and GSA Schedule Contracts, BPAs, Pilot Programs, and PBOs
_ "Other Transaction" Authority
_ FAA Acquisition Management System
_ Innovative Financing/Leasing
_ Public/Private Partnerships
_ Impacts and Opportunities for Small and Small Disadvantaged Businesses

Michael W. Mutek
Raytheon Systems Company
Reston, VA

Stuart B. Nibley
Seyfarth Shaw Fairweather & Geraldson
Washington, DC

Ralph Thomas
National Aeronautics and Space Administration
Washington, DC

5:30 p.m. - 7:30 p.m.
Cocktail Reception

SECTION COUNCIL MEETING

On Saturday, May 16, from 9:00 a.m. to 1:00 p.m., at Le Meridien, 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.

CLE CREDIT

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 8, 1998. Refund requests received after April 28 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 8, 1998.

HOTEL INFORMATION

Room rates at Le Meridien are $140, single, and $150, double, plus 11% tax and $2.00 per room per night occupancy tax. A very limited number of rooms are available for government employees at the rate of $80.00.

Facilities include a fully-equipped health club with a heated outdoor pool, sauna, whirlpool, massage, an aerobic room and a full Nautilus system.

New Orleans International Airport is 15 miles, 25 minutes, from Le Meridien. The airport bus runs every 20 minutes, and the cost is $10 each way. Taxis are $21 each way.

You may reserve your accommodations by calling Le Meridien directly at 504/525-6500 and guaranteeing your reservation by credit card or deposit check. Make certain you mention the room block is held in the name of the ABA Public Contract Law Section Spring Meeting. 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 72 hours prior to day of arrival to avoid a one night's cancellation charge.

Make your reservations NOW. The hotel will release the room block on Tuesday, April 14, 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

August 1-4,1998
Annual Educational Programand
OpenCouncil Meetings
_ Health Care Contracting
_ Commercial Item and Service Acquisitions
_ Construction Contracting
Park Plaza Hotel, Toronto, Canada

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
(Hotel to be assigned) 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 Negotiated Procurements: Life After Procurement Reform on Friday, May 15, 1998, at Le Meridien in New Orleans, Louisiana.

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, May 14, Practicum
_ Free Friday, May 15, Cocktail Reception *
_ Free Saturday, May 16, Council Meeting

Name

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

---

---

 

Created by PCLS Electronic Access Committee. Updated March 8, 1998