AMERICAN BAR ASSOCIATION SECTION OF PUBLIC CONTRACT LAW ANNUAL. San Francisco MEETING

ANNUAL

MEETING

San Francisco

August 4

~

6, 2016

AMERICAN BAR ASSOCIATION

SECTION OF PUBLIC CONTRACT LAW

Join fellow public contract professionals from across the country in the heart of San Francisco for exceptional CLE Programs and networking opportunities at the ABA Section of Public Contract Law Annual Meeting, August 4-6, 2016.

During the Annual Meeting, the Section of Public Contract Law offers six CLE programs that will educate you on developing legal issues in the procurement arena and offer you an opportunity to engage in dialogue with key stakeholders in the public contract community. Our luncheons and reception will provide an additional opportunity to expand your network and exchange ideas with fellow public contract professionals.

Section Chair and Planning Committee

David G. Ehrhart, Chair, Section of Public Contract Law Lockheed Martin Corp, Fort Worth, TX

Annual Meeting Program Co-Chairs:

Sharon Larkin, Steptoe & Johnson LLP, Washington, DC Kevin Mullen, Morrison & Foerster LLP, Washington, DC Colonel Rebecca Vernon, U.S. Air Force,Washington, DC Annual and Quarterly Program Co-Chairs:

Michael A. Hordell, Pepper Hamilton LLP, Washington, DC Kristen E. Ittig, Arnold & Porter LLP, Washington, DC

Meetings Highlights

Ruth C. Burg Luncheon for Women in Public Contract Law - $45

Thursday, August 4 – 11:30 am – 1:30 pm

Section Luncheon/ Annual Alan E. Peterson Lecture- $60

Friday, August 5 – 12:00 noon – 1:45 pm

Annual Section Reception - Comp ticket for Registered Section Members with the purchase of a Section CLE ticket, otherwise $50

Friday, August 5 – 6:30 pm – 8:30 pm

Section Council Meeting & Annual Business Meeting

Election of the 2016-2017 Section Officers and Council Members Saturday, August 6 – 8:30 am – 12:30 pm

Program Schedule

THURSDAY, AUGUST 4

11:30 am – 1:30 pm

14th Annual Ruth C. Burg Luncheon for Women in Public Contract Law

University Club of San Francisco, 800 Powell Street

This year’s Luncheon is made possible by the Sponsors who have contributed to help defray its expenses: See page 8 for a list of the luncheon sponsors.

2:00 pm – 3:30 pm

CLE Media and Politics in Government Contracting

Grand Ballroom, Mezzanine Level

The panel will focus on the expanding role of the media and Congress in reforming the federal acquisition system and shaping agency procurement actions. Topics of discussion will include:

✦

✦ How government contractors, agencies, and Congress use

the media to promote acquisition reform proposals and influence specific procurement outcomes.

✦

✦ The benefits and pitfalls of using “media campaigns” to

influence the procurement process and policies.

✦

✦ The role of the media and Congress in ensuring transparency and accountability in the acquisition system.

✦

✦ Current acquisition reform proposals in the Senate and

House National Defense Authorization Bills for FY 2017.

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✦ The impact of presidential politics on procurement policies and priorities.

Moderator: Robert A. Burton, Crowell & Moring, LLP, Washington, DC

Speakers: Anne A. Armstrong, 1105 Public Sector Media Group, Vienna, VA; Christopher J. Dorobek, GovLoop, Washington, DC; Emily W. Murphy, House Committee on Armed Services, Washington, DC 3:30 pm – 3:45 pm

Break

3:45 pm – 5:15 pm

CLE Public-Private Partnerships: A Look at the Deal Pipeline for Government Infrastructure Projects

Grand Ballroom, Mezzanine Level

The panel will discuss Public Private Partnerships, an emerging legal and business market that combines construction and government contracts law with private finance to stand up new

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infrastructure. The panel of experts will discuss the following areas of interest:

✦

✦ Currently active projects and the project pipeline. ✦

✦ Lessons learned from closed deals. ✦

✦ A broad range of asset classes, including transportation,

public buildings (e.g., courthouses and civic centers), water facilities, and power plants, as well as student housing and related campus infrastructure.

✦

✦ Strategies for collaborating with public owners, including City Council, MTAs, Mayors, and County officials.

Moderator: Frank Rapoport, Peckar & Abramson, PC, New York, NY

Speakers: David E. Bergquist, Regents of the University of California, Oakland, CA; Tilly Chang, San Francisco Transportation Authority, San Francisco, CA; Dr. Joshua Schank, Los Angeles Metropolitan Transportation Authority, Los Angeles, CA; R. Graham White, Atwater Infrastructure Partners, Los Angeles, CA

5:00 pm – 6:00 pm

Committee Meetings

FRIDAY, AUGUST 5, 2016

Construction Division Program Continental Breakfast

This continental breakfast is included in the CLE Program Ticket used for the program that follows.

7:00 am – 8:30 am

CLE Prevailing Wage Requirements in Government Construction Contracts

The Wage Rate Requirements (Construction) statute (formerly known as the Davis-Bacon Act) requires government construction contractors and subcontractors working on federal construction contracts in excess of $2,000 to pay their laborers and mechanics prevailing wages. Contractors who fail to comply can be subject to various penalties, including withholding of contract payments, termination for default, suspension and debarment, and potential False Claims Act liability. In addition, prime contractors and subcontractors can be held financially liable for underpayments by lower-tier subcontractors. This program will address:

✦

✦ Prevailing wage requirements: who is covered (laborers and

mechanics), the scope of coverage (site of the work, secondary site of the work), wage determinations, submission of certified payrolls, and use of certified payroll software.

✦

✦ Red flags of non-compliance and best practices for verifying/ monitoring compliance with prevailing wage requirements by contractors and subcontractors.

✦

✦ Department of Labor audits of construction projects for compliance.

✦

✦ The Circle C decision and False Claims Act liability for

Moderator: Lori Ann Lange, Peckar & Abramson, P.C., Washington, DC

Speakers: Michael J. Schrier, Duane Morris, Washington, DC; Margie Collins, FLC/Construction, Environmental Solutions & Government Contracts (CESGC), FTI Consulting, Rockville, MD; Amy DeBissop (invited), U.S. Department of Labor, Washington, DC 8:45 am – 10:15 am

CLE Anatomy of a Mega Protest

Grand Ballroom, Mezzanine Level

The panel will focus on the unique substantive and procedural issues that arise in protests involving procurements for major systems. Topics of discussion will include:

✦

✦ The impact of a likely protest on acquisition strategy,

including requirements and evaluation criteria.

✦

✦ How the various stakeholders prepare for and staff these large, complex matters, including the marshaling of internal resources and outside consultants.

✦

✦ Strategies for maximizing the efficiency of the protest proceed-ings, including record development, briefing, and hearings.

✦

✦ Addressing increased visibility, including interactions with

high-level decision makers and inquiries from the press and the Capitol Hill.

✦

✦ Additional complexities associated with classified subject matter. Moderator: Keith R. Szeliga, Sheppard, Mullin, Richter & Hampton, LLP, Washington, DC

Speakers: Hon. Thomas C. Wheeler, United States Court of Federal Claims, Washington, DC; David A. Ashen, United States Government Accountability Office, Washington, DC; Col. Robert J. Preston II, United States Air Force, Washington, DC; Scott M. McCaleb, Wiley Rein LLP, Washington, DC; Douglas K. Mickle, United States Department of Justice, Washington, DC 10:15 am – 10:30 am

Break

10:30 am – 12:00 noon

CLE Industry Consolidation and Corporate Restructuring: Issues for Government Contractors

Grand Ballroom, Mezzanine Level

The panel will discuss the consolidation trend in the government contracts industry and the practical issues faced by the parties involved in these transactions. With insight from Government officials and private industry professionals, the panelists will discuss:

✦

✦ Key acquisition trends and emerging compliance issues to be

aware of during diligence.

✦

✦ Working with DCMA to seamlessly address mergers, acquisitions, conversions and re-organizations.

✦

✦ Lessons learned from past corporate reorganizations,

✦

✦ Government contracts issues in spin-offs and divestitures, including how to address pending proposals and transition agreements.

✦

✦ Avoiding Organizational Conflict of Interest issues.

Moderator: Damien C. Specht, Morrison Foerster LLP, Washington, DC

Speakers: Kevin DeSanto, KippsDeSanto & Co., Tysons Corner, VA; Devon Engel, General Dynamics Mission Systems, Scottsdale, AZ; James S. Kennell, Leidos, Reston, VA; Jennifer M. Alves,

Defense Contract Management Agency, Boston, MA 12:00 noon – 1:45 pm

Section Luncheon and Annual Alan E. Peterson Lecture

California West, 2nd Floor

This luncheon presentation is made possible by the Sponsors who have contributed to help defray its expenses. See page 9 for list of the Reception Sponsors.

Luncheon Speaker: Maynard A. Holliday, Special Assistant to the Under Secretary of Defense for Acquisition, Technology and Logistics, Washington, DC

2:00 pm – 4:00 pm

CLE Make Sure You Run that By Legal: How Counsel Serve Agency and Industry Clients in Government

Grand Ballroom, Mezzanine Level

The involvement of counsel—whether advising an agency or a contractor—is vital during a competition for any contract. This panel of experienced counsel from agencies and corporations will use a hypothetical major systems competition—implicating timely and important issues—to illustrate how counsel serve clients in Government contracting. The panel will discuss how agency and corporate counsel provide advice regarding important matters, including inadvertent disclosure of information, organizational conflicts of interest (OCI), anticompetitive teaming, and protests. Some of the key questions to be examined include:

✦

✦ What are the primary roles of agency and corporate counsel during a major competition?

✦

✦ What critical issues should counsel watch for and address? ✦

✦ What are best and worst practices that counsel should note? ✦

✦ What lessons have been learned by counsel? ✦

✦ How can agency and corporate counsel work together to

ensure program success?

Moderator: Michael W. Mutek, Steptoe & Johnson, LLP, Washington, DC

Speakers: Tory H. Kauffman, NASA HQ Office of the General Counsel, Washington, DC ; Lt. Col. Sondra Bell Nensala, Air Force Materiel Command Law Office, Wright-Patterson Air Force Base, OH; Annejanette Heckman Pickens, General Dynamics Mission Systems, Fairfax, VA; Robert J. Strauss, Raytheon Intelligence, Information and Services, Aurora, CO; Frank Windham, Jr., U.S. Department of the Navy, Office of the General Counsel, Naval Air Systems Command, Arlington, VA

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6:30 pm – 8:30 pm

Section Reception

Alexandra’s, 32nd Floor

This gracious social gathering for Section members and their guests, and honoring the incoming Section Chair, is made possible through the generosity of the Reception Sponsors who have contributed to defray its expenses. See pages 10-11 for a list of the Reception Sponsors.

Each Section member registered for the ABA Annual Meeting who has also ordered at least ONE Public Contract Law Section CLE Program Ticket may order ONE complimentary ticket for the Section Reception. You must order your complimentary ticket in order to be registered for this event. It is not automatically included as part of your registration. Otherwise tickets are available for purchase; $50 per adult/$25 per guest under 18.

Advance reservations and payment of guest tickets must be received as part of your online meeting registration by July  22.

SATURDAY, AUGUST 6

7:00 am – 8:15 am

Officers/Council Members Breakfast | Executive Session

California East, 2nd Floor

For 2015–2016 and nominees for 2016–2017 Section Officers and Council Members ONLY

8:30 am – 12:30 pm

Council Meeting and Annual Section Business Meeting

California West, 2nd Floor

Open to all Section members. Includes the election of Officers and Council Members for 2016-2017 and other Section business.

Presiding: David G. Ehrhart, 2015-2016 Section Chair Lockheed Martin Corporation, Fort Worth, TX 12:30 pm – 2:00 pm

2016–2017 Section Leadership Brainstorming Session

California East, 2nd Floor

For 2016–2017 Section Leadership ONLY.

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Arent Fox LLP Arnold & Porter LLP Baker Botts, L.L.P. BakerHostetler Barnes & Thornburg LLP BDO USA LLP

Blank Rome LLP The Claro Group LLC Covington & Burling Crowell & Moring LLP Dentons

Fried, Frank, Harris, Shriver & Jacobson LLP General Dynamics Corporation

Gibson, Dunn & Crutcher LLP Hogan Lovells

Holland & Knight LLP Husch Blackwell LLP Jackson Kelly LLP K&L Gates LLP

Kelley Drye & Warren LLP The Kenrich Group LLC Lockheed Martin Corporation Mayer Brown LLP

McCarter & English LLP McGlinchey Stafford PLLC Miles & Stockbridge, P.C. Morgan Lewis

Morrison & Foerster LLP Pepper Hamilton LLP Rogers Joseph O’Donnell Seyfarth Shaw LLP

Smith, Currie & Hancock LLP Smith Pachter McWhorter, PLC Steptoe & Johnson LLP Thompson Coburn LLP Vedder Price

Wiley Rein LLP WilmerHale Wittie Law PLLC

Womble Carlyle Sandridge & Rice PLLC

Arent Fox LLP Arnold & Porter LLP Baker Botts, L.L.P. BakerHostetler Barnes & Thornburg LLP Bass, Berry & Sims PLC BDO USA LLP

Blank Rome LLP The Claro Group LLC Covington & Burling Crowell & Moring LLP Dentons

Eckland & Blando LLP

Fried, Frank, Harris, Shriver & Jacobson LLP FTI Consulting

General Dynamics Corporation Gibson, Dunn & Crutcher LLP Hogan Lovells

Holland & Knight LLP Husch Blackwell LLP Jackson Kelly LLP K&L Gates LLP

Kelley Drye & Warren LLP The Kenrich Group LLC Lockheed Martin Corporation Mayer Brown LLP

McCarter & English LLP McGlinchey Stafford PLLC Miles & Stockbridge, P.C. Morgan Lewis

Morrison & Foerster LLP Pepper Hamilton LLP Rogers Joseph O’Donnell Seyfarth Shaw LLP

Smith, Currie & Hancock LLP Smith Pachter McWhorter, PLC Steptoe & Johnson LLP Thompson Coburn LLP Vedder Price

Wiley Rein LLP WilmerHale

Womble Carlyle Sandridge & Rice PLLC

The Section of Public Contract Law gratefully acknowledges the contribution from the following sponsors to help defray the costs of each of the Section’s quarterly Receptions this year.

Akin Gump Strauss Hauer & Feld LLP Arent Fox LLP

Arnold & Porter LLP Baker Botts, L.L.P. BakerHostetler Baker Tilly

Barnes & Thornburg LLP Bass, Berry & Sims PLC BDO USA LLP

Berkeley Research Group LLC Blank Rome LLP

Chess Consulting LLC The Claro Group LLC Covington & Burling Crowell & Moring LLP Dentons

Diepenbrock Elkin Gleason LLP DLA Piper US LLP

Eckland & Blando LLP

Fried Frank Harris Shriver & Jacobson LLP FTI Consulting

General Dynamics Corporation Gibson Dunn & Crutcher LLP Greenberg Traurig LLP Hogan Lovells Holland & Knight LLP Husch Blackwell LLP Jackson Kelly PLLC K&L Gates LLP

Kelley Drye & Warren LLP The Kenrich Group LLC Kirkland & Ellis LLP

Lockheed Martin Corporation Mayer Brown LLP

McAleese & Associates, P.C. McCarter & English LLP McGlinchey Stafford PLLC Miles & Stockbridge, P.C. Morgan Lewis LLP Morrison & Foerster LLP Northrop Grumman Corporation

Peckar & Abramson, PC Pepper Hamilton LLP Perkins Coie LLP

Pillsbury Winthrop Shaw Pittman LLP Rogers Joseph O’Donnell

Seyfarth Shaw LLP

Sheppard Mullin Richter & Hampton LLP Smith, Currie & Hancock LLP

Smith Pachter McWhorter, PLC Steptoe & Johnson LLP Thompson Coburn LLP Vedder Price

Venable LLP

Watt, Tieder, Hoffar & Fitzgerald, L.L.P. Wiley Rein LLP

WilmerHale Wittie Law PLLC

Womble Carlyle Sandridge & Rice

Coming Attractions

October 6–8, 2016

Fall Educational Program and Open Council Meeting

Westin Harborview Hotel, Portland, ME

March 15–17, 2017

23rd Annual Federal Procurement Institute (FPI) and Open Council Meeting

Loews Hotel, Annapolis, MD

April 27–28, 2017

12th Annual State & Local Procurement Symposium

St. Louis, MO

August 10–12, 2017

Annual Meeting CLE Programming/Open Council Meeting

New York, NY

• Media & Politics in Government Contracting

• Public-Private Partnerships: A Look at the Deal Pipeline for Govt Infrastructure Projects

• Anatomy of a Mega Protest

• Industry Consolidation and Corporate Restructuring Issues for Govt Contractors

120-Minute CLE and Construction Breakfast/CLE - $100/$75* • Prevailing Wage Requirements in Government Construction

Contracts

• Make Sure You Run That By Legal: How Counsel Serve Agency and Industry Clients in Government

Registration Information

Registration Information and Hotel Reservations

All individuals attending the Annual Meeting, must register for the meeting, even if you are only attending Section social events or Section CLE programs.

Registration and hotel reservations for the Annual Meeting must be processed through the ABA Official Registrar, CDS/Travel Planners. To take advantage of the ABA hotel rates, you must first register for the Annual Meeting. After completing registration, you will be directed to create a hotel reservation, if needed. Reservations must be received no later than July 7, 2016 for the best selection. For more information on registration and hotel rates and locations, visit the ABA website at www.ambar.org/ annual.

The Westin St. Francis Hotel, 335 Powell Street, in the Union Square area, is the headquarters hotel for the Section of Public Contract Law. Group rate: $310 plus applicable taxes.

Registration Packages

If you will only attend PCL section meetings and events, register for the ABA RESTRICTED REGISTRATION at $50 ($250 Non-Members) and order the Section’s CLE Pass or purchase individual Section CLE tickets and social event tickets.

Public Contract Law Section CLE Program Ticket Pricing

*(Reduced rate for Govt Employees, Judges, YL under 36 years of age or admitted to practice for less than 5 years)

Section CLE Pass – 6 Programs - $400/$275* 90-Minute CLE - $75/$50*

Section Reception Tickets

Annual Section Cocktail Reception

Friday, August 5, 2016 | 6:30 pm – 8:30 pm | Alexandra’s, 32nd Floor Each Section member registered for the ABA Annual Meeting who has also ordered at least ONE Public Contract Law Section CLE Program Ticket may order ONE FREE TICKET for the Reception. You MUST ORDER your free ticket. It is NOT AUTOMATICALLY INCLUDED as part of your registration. Additional tickets may be purchased for $50 per adult/$25 per guest under 18. Please order your ticket(s) to the Section Reception at the time you complete your online meeting registration at: www.ambar.org/annual. If you plan to take full advantage of the ABA Annual Meeting and participate in other non-PCL ABA events over the weekend, then you may want to register and pay the ABA Member All Access CLE Pass fee of $495 ($695 for non-ABA members). See below for registration options. For full registration fee categories details visit: http://www.americanbar.org/calendar/annual.html.

ABA All Access Registration

(ABA Friday Plenary; EXPO Reception, ABA President’s Reception, All Access CLE, Entity Committee Meetings and ABA Governance Meetings)

$495 Member/$695 Non-member

ABA Restricted Registration

(ABA General Assembly, EXPO Reception, Entity Committee Meetings and ABA Governance Meetings).

$50 Member/$250 Non-member

CLE Credit

CLE credit will ONLY be given to those attendees who are “registered” for the ABA Annual Meeting. For admittance to any CLE program, registrants must wear their ABA 2016 Annual Meeting badge and present either the ABA All Access Pass, one individual CLE Program Ticket, or the Public Contract Law CLE Pass of all 6 CLE Programs.

Section CLE Meeting Materials

Individuals who order the Public Contract Law CLE Pass or individual Section CLE Program tickets will be provided with a link to those program materials prior to the meeting. No written materials will be available onsite. You may wish to bring a laptop, notebook, or tablet to view the materials onsite as complimentary Wi-Fi access will be available.

Ordering CLE and Social Event Tickets

Please note that ALL of the Section’s CLE programs will require either a CLE Program Ticket or the Public Contract Law CLE Pass. You may only order your CLE Program Tickets, Public Contract Law CLE Pass, and Section event tickets online, either at the time you register or after you are already registered.

To add additional tickets to your existing account, please visit:

www.ambar.org/annual. Click on the Register Now button and follow the instructions under “Access My Registration”. You will need your email address and Annual Meeting Badge Number (i.e., 200502).

Event and CLE Program Ticket Pick-Up

All pre-ordered CLE Program Tickets, Public Contract Law CLE Passes, and tickets to the Reception and other Section events will be available at the ABA Registration Area at the Moscone Center, beginning Wednesday, August 3 – Tuesday, August 9.

ABA Registration | Moscone Center West, 2nd Floor Foyer 800 Howard Street

Wednesday, August 3 12:00 noon – 5:00 pm Thursday, August 4 8:00 am – 5:00 pm Friday, August 5 8:00 am – 7:00 pm

Additional ABA Registration hours can be found at www.ambar. org/annual by clicking on “Registration and Ticket Information.” You must be registered for the Annual Meeting to order CLE Program Tickets or tickets to any Section events. No requests for Reception tickets can be honored by the Section of Public Contract Law after July 22, and payment for tickets must be received by that date. Admittance to the Reception will be by ticket only.

Social Events

Thursday, 8/4 PRICE

Ruth C. Burg Luncheon for Women in Public Contract Law $45

Friday, 8/5

Section Luncheon/Annual Alan E. Peterson Lecture $60 Annual Section Reception — (Limit 1 for registered PCL member with $0 purchase of at least one CLE Program Ticket). Ticket MUST BE ORDERED in advance.

Annual Section Reception (Adult Guest) $50 Reception (Guest under 18) $25

2016 ABA SECTION OF PUBLIC CONTRACT LAW ANNUAL MEETING

CLE — General Pricing

Thursday, 8/4 PRICE

Public Contract Law CLE Pass (all 6 Section CLE Programs) $400 2:00 pm – 3:30 pm CLE — Media & Politics In Govt Contracting $75 3:45 pm– 5:15 pm CLE — Public Private Partnerships: A Look $75 at the Deal Pipeline for Govt Infrastructure Projects

Friday, 8/5

7:00 am – 8:30 am CLE — Wage Reqs in Govt Contruction Contracts $100 8:45 am – 10:15 am CLE — Anatomy of a Mega Protest $75 10:30 am –12:00 pm CLE — Industry Consolidation & Corporate $75 Restructuring Issues for Govt Contractors

2:00 pm – 4:00 pm CLE — Make Sure You Run That By Legal — $100 How Counsel Serve Agency and Industry Clients

CLE — Special Government/ Young Lawyer Pricing

*(Reduced rate for Government Employees, Judges, YL under 36 years of age or admitted to practice for less than 5 years)

Thursday, 8/4 PRICE

Public Contract Law CLE Pass (all 6 Section CLE Programs) $275* 2:00 pm – 3:30 pm CLE — Media & Politics In Govt Contracting $50* 3:45 pm – 5:15 pm CLE — Public Private Partnerships: A Look at $50* the Deal Pipeline for Govt Infrastructure Projects

Friday, 8/5

7:00 am – 8:30 am CLE — Wage Reqs in Govt Contruction Contracts $75* 8:45 am –1 0:15 am CLE — Anatomy of a Mega Protest $50* 10:30 am – 12:00 pm CLE — Industry Consolidation & Corporate $50* Restructuring Issues for Govt Contractors

2:00 pm – 4:00 pm CLE —Make Sure You Run That By Legal — $75* How Counsel Serve Agency and Industry Clients

Council Meetings

Saturday, 8/6 PRICE

Council Meeting/Business Meeting $0 2016 – 2017 Section Leadership Brainstorming Session $0 Working Luncheon (For Section Leadership ONLY)

2016 ABA SECTION OF PUBLIC CONTRACT LAW ANNUAL MEETING

American Bar Association 321 Nor th Clark Street, MS 1 9.1 Chicago, Illinois 60654

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