Minutes of Council Meeting of August 6, 1996

 1. The first meeting of the Section Council for the council year 1996-97 was called to order by Chairman John Kuelbs at approximately 2 p.m. Council members and Section members attending the meeting are identified at Attachment 1.

  2. Section Budget and Finance Officer, Ms. O'Sullivan, reported on the proposed budget for the Section year (See Attachment 2). Of particular note, Ms. O'Sullivan pointed out that the budget presumed a decrease in dues revenues.

  3. a. Mr. Madden and Ms. McConnell reported on the Model Procurement Code (MPC) update project. The Section is taking a lead on the update project in coordination with the Urban Section. The project will utilize a "reporter-type" system similar to the American Law Institute (ALI). Mr. Madden and Ms. McConnell requested a sense of the council regarding the proposed scope of the project and funding. It was agreed that more details would be submitted for Council consideration at the November or February Council meetings.

  b. Mr. Miller commented that the project is a "flagship" project for the Section and that the Section should seek to reestablish the coalition that was so effective in producing the MPC initially. He further proposed that the Council authorize "seed" money for the project in the amount of $25,000. Ms. O'Sullivan commented that authorization for particular funding might be more appropriate after the submission of a rough budget at the November Council meeting. It was noted that the budget for the original project was in the neighborhood of $1-2M, much of which went for research staff to review state laws and to underwrite many meetings with interested groups over a four to five month period.

  c. Mr. Love noted that there was a $240,000 balance in the Section fund and that the authorization of $25,000 of seed money at this time would send a message that the Council viewed the project as very important. Mr. Love proposed that the Council authorize an expenditure of $25,000 for this purpose and offered a Motion to that effect. Mr. Hordell seconded the Motion. The Motion passed (with one nay vote). Section Manager Naforas noted that the money possibly could come from the Peterson Fund, but Mr. Pachter, the Chair of the Peterson Fund Committee, commented that use of Peterson fund monies were limited to educational projects and any requests for such funds needed to follow the normal application process.

  d. Mr. Love concluded discussion of the MPC update project by suggesting that comments or suggestions with respect to how the project should proceed should be solicited in the next issue of the Procurement Lawyer.

  4.  a. Mr. Love next reported on the proposed "Public Sector Contract Administrator Education Project" (see Attachment 3, Letter dated August 2, 1996 from Lawrence Schor to John Kuelbs). Mr. Love sought a sense of the Council regarding whether and, if so, how to proceed with this project. Mr. Othmer commented that this project seemed like a better candidate for use of Peterson fund money than the previously discussed MPC update project. Mr. Love responded that no money (other than minor costs for mailing etc.) was being requested at this time. Ms. Madsen concurred that discussion of funding was premature at this point.

  b. Mr. Gamboa commented that the current DOD Acquisition Training Program (based upon the Acquisition Workforce Improvement Act) might provide a model for the proposed project. Mr. Dees noted that the Chair had the discretion to establish a committee to further evaluate the viability and desirability of the project. He also noted, however, his view that teaching procurement in high schools was unrealistic and that the Section needed to be sensitive to encroaching upon "the turf" of other organizations. Mr. Brown added his belief that training of non-lawyers in procurement matters was somewhat beyond the ABA's role. Mr. Kuelbs, however, suggested that there may be a link between the project and the MPC update. Ms. Madsen conceded a vague linkage, but noted that the MPC project was more of a legal effort versus the training of non-legal purchasing officers. Further discussion by Messrs. Love, Miller and Hordell addressed that possible linkage and appropriateness of the project, and Mr. Hordell noted that the Section, if it desires to proceed, might be able to secure the cooperation and involvement of other organizations such as the NCMA and NGIP. Mr. Kuelbs suggested that Messrs. Love and Schor contact such other groups and coordinate further consideration of this project with the leaders of the MPC update project. Finally, Ms. McConnell noted that the NGIP was a key organization in that it already conducted certification programs for purchasing offices.

  5.  a. Council member Ms. Kennedy reported on the programs being planned for the upcoming year. The Fall program to be conducted in Phoenix will focus on Information Technology (IT) procurement. The program will be comprised of four different panels addressing new developments, new protest rules of the GAO, the impact of ITMRA, state and local IT procurement and the effect of new commercial product rules on IT procurement.

  b. The Third Annual Federal Procurement Institute is being planned under the direction of co-chairs Mr. Hordell and Ms. Dover. At this point, Attorney General Reno is the planned luncheon speaker. Ms. O'Sullivan is chairing the Spring program which will focus on service contracts.

  c. Finally, the Annual Meeting in August of 1997 will involve three one-half day programs addressing the impact of Adarand, the status of procurement reform and, in a joint program with the International Law Section, a showcase program on international contracting.

  6.  Mr. Bell reported on the "Construction Law Summit" to be conducted October 17-18 in New York. The summit will focus on contract termination in public and private construction.

  7. John Miller reported on the DART-MIT 1997 conference. The conference is now scheduled for November 3-4, 1997. It was noted that the Section should be careful to avoid any conflicts between this conference and the Section's regular Fall meeting or the Construction Summit.

  8. Finally, Mr. Kuelbs discussed the committee chair training project. The task force chaired by Ms. Madsen had recommended mandatory training for all committee chairs. Ms. Madsen and Mr. Churchill are chairing the effort to plan this training, and it is expected to be accomplished in two sessions, one prior to the Fall meeting, and one at the Fall meeting.

  The meeting was adjourned at approximately 3:20 p.m.

Respectfully submitted,

Rand L. Allen

Secretary