Allen Samelson
Rogers Joseph OÕDonnell & Phillips
415.956.2828
MEMORANDUM
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TO: |
PCLS E-Commerce Committee |
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FROM: |
Allen Samelson |
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DATE: |
February 7, 2002 |
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RE: |
Minutes of February 7, 2002 Meeting |
Committee members (see attached list) met in person at the offices of Reed Smith and by telephone on February 7, 2002, and discussed the following items:
1. Michigan Cybercourt
Mark Langevin agreed to track developments for what may be the nationÕs first electronic State Circuit Court. Projected to be implemented by October 2002, the Michigan Cybercourt would have concurrent jurisdiction over business and commercial actions where the amount in dispute exceeds $25,000. Cybercourt cases will be heard online by a judge, without a jury, under procedures adopted by the Michigan Supreme Court. Mark volunteered to monitor the new electronic court, and research whether similar courts have been or plan to be implemented in other jurisdictions.
2. Trading Partner Agreements
The Committee decided to propose that the FAR Council open a FAR case on the subject of whether a model trading partner agreement should be included in the FAR, in light of the current practice in which agencies are making ad hoc trading partner agreements on a case-by-case basis. If the FAR were to include a model agreement, it would appropriately be included as subject to tailoring under FAR Part 12. Chris Yukins and Rick Vacura will prepare a proposal to be presented to the Section Council at the Midyear meeting in Annapolis.
3. State and Local E-Procurement Program
We discussed the draft outline for a half-day program focused on State and local agency implementation of e-procurement systems. Committee members will investigate whether certain leading states on the east coast, such as Virginia, Maryland and North Carolina, have implemented e-procurement systems for some or all of the StateÕs purchasing needs. Allen Samelson will identify representatives from ÒCal-BUY,Ó the State of CaliforniaÕs existing e-procurement system and gauge their interest in participating in such a program. This program would be co-sponsored by the SectionÕs State and Local Division.
4. Legislative Developments
Mark Langevin reported that the Services Acquisition Reform Act (SARA) will be introduced in about two weeks, according to Representative DavisÕ staff.
* * *
Our next meeting will be held on Thursday, February 28, 2002 from 5:15 p.m. to 6:30 p.m. at Loews Annapolis Hotel, in conjunction with the SectionÕs Federal Procurement Institute.
Attachment A
ABA Section of Public Contract Law
Attendees:
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Cheryl Burtzel |
Dell Computer Corp |
cheryl_burtzel@dell.com |
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Mark Langevin |
Northrop Grumman |
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Michael Love |
Hunton & Williams |
mlove@hunton.com |
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Christina Pak |
Holland & Knight |
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Allen Samelson |
Rogers Joseph OÕDonnell & Phillips |
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Jason Tomasulo |
Smith Pachter |
jtomasulo@smithpachter.com |
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Rick Vacura |
Morrison & Foerster |
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Jerry Walz |
U.S. Dept. of Commerce |
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Pat Wittie |
Reed Smith |
pwittie@reedsmith.com |
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Chris Yukins |
Holland & Knight |
cyukins@hklaw.com |