Allen Samelson
Rogers Joseph O’Donnell & Phillips
415.956.2828
asamelson@rjop.com
Jonathan D. Shaffer
Smith, Pachter, McWhorter & Allen
703.847.6280 (Direct)
jshaffer@smithpachter.com
MEMORANDUM
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TO: |
PCLS E-Commerce Committee |
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FROM: |
Allen Samelson and Jonathan Shaffer |
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DATE: |
November 6, 2001 |
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RE: |
Minutes of November 2, 2001 Meeting |
Please see Attachment A for a list of attendees at our meeting in San Diego. We discussed the following items:
1. UCITA
Allen Samelson summarized the excellent memorandum prepared by Kimberly Heifetz and Anthony Bedwell-Coll with respect to potential implications of UCITA on federal and State public contracts. An NCCUSL meeting on UCITA will be held on November 16-18 in Washington D.C. The ABA UCITA Working Group will also attend this meeting. Kimberly Heifetz will attend portions of the meeting. Members of our committee are urged to review the memorandum and provide any feedback directly to Kimberly and Anthony regarding the public procurement issues described there.
2. Section 508 of the Rehabilitation Act
Aaron Silberman has coordinated with the Commercial Products and Services Committee and obtained copies of their materials, which are being separately distributed. Any thoughts with respect to a possible FAR clause should be forwarded to Jonathan Shaffer and Allen Samelson.
3. E-Filing at the Courts, BCAs and GAO
Dan Gordon reported that GAO is moving forward with its e-filing pilot, including procedures to permit electronic filing of protected materials. Jonathan Shaffer reported that the Section’s Bid Protest Committee has established a working group to address the use of electronic communications for protected information. Based on discussions at the last Bid Protest Committee meeting there appear to be inconsistent practices regarding the use of email for protected materials by the parties. Please let Jonathan Shaffer and Allen Samelson know if you would like to monitor the GAO’s e-filing pilot and function as a liaison with the section’s Bid Protest Committee.
4. Services Acquisition Reform Act (SARA)
Mark Langevin volunteered to monitor and report on the e-procurement aspects of SARA as it proceeds through the legislative process.
5. Programs
Jonathan Shaffer reported that one session of the Federal Procurement Institute will be devoted to industry electronic exchanges. Mike Love is organizing and will moderate that panel. Allen Samelson will prepare an outline for a possible program focused on implementation of e-procurement systems by State and local agencies. It was suggested that this may be a stand-alone program outside of the Section’s regular quarterly meetings. It was also suggested that we should consider coordinating such a program with a meeting of a national organization, such as NASPO.
6. OMB Announcement
Mark Langevin noted a recent FCR article reporting that OMB has announced it will significantly increase its use of the Internet to post regulations, meetings, and written correspondence from outside parties and obtain input on proposed rules. See 76 FCR 425 (October 23, 2001).
Attachment A
ABA Section of Public Contract Law
Attendees:
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Alex Brittin |
Brittin Law Group |
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Melanie I. Dooley |
BNA Federal contracts Report |
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Dan Gordon |
GAO |
gordond@gao.gov |
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Mark Langevin |
Northrop Grumman |
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Martin T. McAlwee |
45th Space Wing Patrick AFB, FL |
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Jennifer Dauer McCready |
Best Best & Krieger |
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Allen Samelson |
Rogers Joseph O’Donnell & Phillips |
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Jonathan Shaffer |
Smith Pachter |
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Aaron Silberman |
Rogers Joseph O’Donnell & Phillips |
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Jerry Walz |
U.S. Dept. of Commerce |