MINUTES(( AMERICAN(BAR(ASSOCIATION SECTION(OF(PUBLIC(CONTRACT(LAW FALL(MEETING. December(12,(2013

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1 MINUTES(( Call(to(Order( AMERICAN(BAR(ASSOCIATION SECTION(OF(PUBLIC(CONTRACT(LAW FALL(MEETING December(12,(2013 Conference(Center Mckenna(Long(&(Aldridge(LLP Washington,(D.C.( Chair'Sharon'Larkin'called'the'Council'Meeting'to'order'at'2:00'p.m.' Minutes(of(the(August(10,(2013(Council(Meeting( 1 A'motion'to'approve'the'minutes'(tab'1) 'was'introduced'and'approved.' Budget(Report(( Judge'Somers'discussed'the'annual'financial'report'(tab'11).'She'noted'that'for' the'fiscal'year,'the'section'had'an'excess'income'of'$56,799.'programs'generated'a'profit' of'$65,539'and'publications'generated'a'profit'of'$19,3.'publication'expenses'were' $88,585.'' Large(Firm(Initiative( Chair'Larkin'explained'the'ABA s'large'firm'initiative'(tab'5c)'and'the'potential' impact'on'revenue'from'section'dues.'large'firms'are'defined'as'those'with'10'or'more' lawyers.'chair'larkin'will'get'additional'information'from'the'ssac'chair,'mike'burke' and'will'then'ask'the'council'to'advise'whether'the'section'should'participate.'' Report(and(Recommendation(of(the(ABA(2013(Pricing(Strategy(Advisory(Group( The'ABA'Board'of'Governors'approved'the'recommendation'of'the'Price' Strategy'Advisory'Group'to'increase'ABA'dues'effective'in'2015.'(Tab'5b.)'The'increases' 1 'All'tab'references'are'to'the'Fall'Council'Meeting'Agenda'book. Page' 1'of'

2 range'from'12%'to'15%'depending'on'the'dues'category'and'the'memberzs'years'of' practice.'the'board'will'ask'the'house'of'delegates'for'authority'to'implement'the' increases'and'also'discretionary'authority'to'impose'cost'of'living'increases'three'years' after'implementation'of'the'initial'dues'increase.'' Tax(Reform(Act(of(2013( Section'212'of'the'draft'discussion'bill,' Tax'Reform'Act'of'2013, 'by'the'house' Ways'and'Means'Commiaee'would'require'law'firms'and'other'personal'service' businesses'that'now'compute'taxable'income'on'cash'receipts'and'disbursements'to' convert'to'the'accrual'method'of'accounting.'the'board'of'governors'is'considering'a' resolution'expressing'the'aba s'opposition'to'section'212'and'other'similar'proposed' legislation,'regulations,'or'other'governmental'measures.'(tab'5d.)' Technology(Update(( Chair'Larkin'gave'an'update'on'how'the'Section'is'using'new'technology.'She' noted'that'we'have'gone'paperless'for'the'fall'program'and'would'like'feedback.'the' Section'is'maintaining'a'master'calendar'on'its'website.'The'commiaees'need'to'keep'it' current.'the'calendar'will'provide'links'to'commiaee'and'event'webpages.'the'section' is'creating'list'servers'for'various'groups'within'the'section.' Successes(and(Challenges( Chair'Larkin'discussed'areas'of'success'by'the'Section.'She'mentioned'the'role'of' young'lawyers'in'the'section'and'asked'that'the'section'not'underestimate'their'role'in' programs'and'panels.'she'discussed'the'integration'of'state'and'local'aaorneys.'finally,' she'discussed'the'success'of'the'scholarship'program.''' She'noted'that'we'need'to'do'beaer'in'reaching'out'to'the'government'sector.'We' need'a'coordinated'focus'and'a'plan.'she'would'like'to'set'up'a'task'force'from'various' section'commiaees'and'the'council'and'will'be'sending'out'an' 'explaining'her' approach.'doj'is'working'with'various'commiaees'to'conduct'no'cost'training.'she'said' we'need'to'be'balanced,'complete,'and'thorough'in'what'we'do.' Impact(of(the(Government(Shutdown(( Robert'Strauss,'Nathan'Tash'(FAA),'Angela'Hinton,'and'Anne'Donohue' discussed'the'impact'of'the'government'shutdown'on'federal'procurement.'their'full' briefings'are'at'tab'3.'there'was'a'general'discussion'of'whether'the'section'should'take' any'action'with'respect'to'the'government'shutdown.'the'group'who'prepared'the' report'for'the'council'meeting'will'consider'what'the'section'should'do'next.'' Page' 2'of'

3 In(Memoriam( (David(V.(Anthony( Greg'Smith'gave'some'remarks'on'the'passing'of'our'colleague,'David'Anthony.' David s'eulogy,'which'will'be'published'in'the'aba'procurement'lawyer,'can'be'found' at'tab'8. ' Happy(Birthday(to(Marilyn(Neforas( Officers,'the'Council,'and'aaendees'all'wished'Marilyn'Neforas'a'happy'birthday' with'a'rousing'song.' Young(Lawyers(Presentations(( Oliya'Zamaray'gave'a'presentation'summarizing'the'interim'rule'providing' enhanced'whistleblower'protection'and'limiting'the'allowability'of'costs'for' whistleblower'proceedings.'the'rule'was'mandated'by'sections'827'and'828'of'the' National'Defense'Authorization'Act'for'Fiscal'Year'2013'and'became'effective'on' September'30,'2013.' Joseph'Berger'discussed'petitions'to'the'Supreme'Court'(pending'and'denied)' regarding'the'false'claims'act.'two'pending'petitions'raise'issues'that'include'the' impact'of'the'wartime'suspension'of'limitations'act,'the'first'to'file'bar,'required' specificity'in'pleading'false'claims,'and'retroactivity'of'the'fraud'enforcement'and' Recovery'Act'amendments'to'the'False'Claims'Act.' Emily'Schriver'discussed'the'proposed'FAR'and'DFARS'rules'on'trafficking'in' persons.'(tab'.)' ' Resolution(by(Section(of(Business(Law( Chair'Larkin'advised'that'the'Council'would'be'asked'to'vote'on'the'ABA'Model' Business'and'Supplier'Policies'on'Labor'Trafficking'and'Child'Labor.''Comments'from' the'section'are'due'by'december'20.' Report(of(the(Privatization,(Outsourcing(and(Financing(Transactions(CommiWee( Justin'Ganderson'discussed'the'commiaee s'work'in'developing'a'white'paper' with'other'aba'commiaees'to'address'the'office'of'federal'procurement'policy s' (OFPP)'Federal'Register'notice'requesting' input'from'the'public'on'the'practice'of' comparing'the'relative'cost'of'performance'by'federal'employees'versus'contract' performance'in'order'to'identify'the'most'costjeffective'source. '78'FR'11232'(Feb.'15,' 2013).'Additionally,'his'commiaee'is'currently'considering'whether'to'provide' Page' 3'of'

4 comments'on'the'new'dfars'interim'rule'about' private'sector'notification'of'inj sourcing'actions ' 'a'topic'closely'related'to'the'ofpp s'federal'register'notice' mentioned'above.'' Model(Procurement(Code( Norm'Thorpe'discussed'the'status'of'the'Model'Procurement'Code.'(Tab'9.)'He' noted'that'keith'mccook s'name'was'inadvertently'omiaed'from'the'report.'a'detailed' discussion'will'be'scheduled'for'the'next'council'meeting'' ABA(Resolution(to(Repealing(28(U.S.C.( (1500( Larson'Frisby'provided'an'update'on'the'ABA'resolution'that'calls'for'repealing' 28'U.S.C.' '1500'and'replacing'it'with'new'language'drafted'by'Administrative' Conference'of'the'United'States.''' Adjournment( The'meeting'was'adjourned'at'05:0'p.m.' Respectfully'submiaed, JAMES'A.'HUGHES Secretary Section'of'Public'Contract'Law' Page' 'of'

5 ABA SECTION OF PUBLIC CONTRACT LAW 2013 Fall Council Meeting Attendance Sheet McKenna Long & Aldridge LLP, Washington, DC NAME Role Initials Larkin, Sharon Chair Nibley, Stuart Chair-Elect Ehrhart, David Vice-Chair Hughes, James A. (Ty) Secretary Somers, Jeri Budget and Finance Officer Pachter, John Delegate to the HOD Williams, Mary Ellen Coster Delegate to the HOD Park-Conroy, Carol Previous Past Chair Doyle, Alison Council Ebner, Susan Warshaw Council Graham, Daniel P. Council Hinton, Angela Council Ittig, Kristen Council Palladino, Anthony N. Council Pickens, Annejanette H. Council Ricketts, Robin L (phone) Council Sacilotto, Kara Council Steel, Candida Council Talati, Gunjan Council Kim, James YLD Liaison Burg, Ruth Past Chair Dees, C. Stanley Past Chair Gavin, Donald Past Chair Madden, Thomas J. Past Chair Smith, Gregory A. Past Chair Thorpe, Norman Past Chair Silberman, Aaron P. Div Co-Chair, State and Local Procurement Div Murray, Frank Div Vice-Chair, State and Local Procurement Div Carney, Donald Co-Chair, Accounting, Cost and Pricing Kiraly, Stephen Co-Chair, Accounting, Cost and Pricing Maramba, Linda Co-Chair, Annual and Quarterly Programs McCullough, James Co-Chair, Annual and Quarterly Programs Bachman, Marcia Co-Chair, Battle Space & Contingency Procure. Mullen, Kevin Co-Chair, Contract Claims & Disputes Resolution Khoury, Paul Co-Chair, Debarment and Suspension Abrahams, Daniel B. Co-Chair, Employment Safety and Labor Becker, Patricia Hale Co-Chair, Federal Procurement Institute Campos, Lorraine Co-Chair, Health Care Contracting Dixon, David Co-Chair, International Procurement Irwin, Andrew Co-Chair, International Procurement Zamaray, Oliya (phone) Co-Chair, Young Lawyers Committee Rose, Mike Co-Chair, Fed., State & Local Govt. Attorneys Bingham, Greg Co-Chair, Technology & Electronic Communic. Love, Michael Vice Chair, Battle Space Pushkar, Ray Vice Chair, Battle Space Katt, Sarah Vice Chair, State & Local; Procurement Fraud Bingham, Greg Vice Chari, Various committees

6 NAME Role Initials Levy, Herman D. Vice-Chair, Accounting, Cost and Pricing Strauss, Robert Vice-Chair, Acquisition Reform & Emerging Issues Doyle, Gerard F. Vice-Chair, Bid Protest Donohue, Anne M Vice-Chair, Cybersecurity, Privacy & Data Protection Langevin, Mark E. Vice-Chair, Ethics, Compliance & Prof. Respons. Berger, Joseph R. Presenter Schriver, Emily Presenter Sosnowski, Rob Presenter Strouse, Daniel Presenter Tash, Nathan Presenter Borowski, Samuel Mark Scholarship Recipient Maravilla, Chrisopher Scott Scholarship Recipient Tejani, Zohra Section Member Ash, George Avetissian, Vic Bailey, Paul Conant, Amy Drummer, Rebecca Kasserkert, Kristine Lesch, Joel Moorhouse, William Sweeney, Brian Williams, John G.

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