American Bar Association

Section of Public Contract Law

WHAT EVERY PROCUREMENT LAWYER MUST KNOW ABOUT EMPLOYMENT AND LABOR LAW ISSUES FOR THE 21 ^st CENTURY

November 4-5, 1999

Hotel Loretto

Santa Fe, New Mexico

" Hey, I'm a procurement lawyer. I don't have to worry about anti-discrimination laws and bargaining agreements." Not so fast! If you are advising a private sector or government client about services, outsourcing, construction, competition, source selection, qui tam, cost allowability, bid protests, production, R&D, or grants, you face labor and employment issues every day whether or not you realize it. This program will alert you to the latest labor and employment law issues that impact the public contract law arena.

Don't be left in the 20 ^th Century! Procurement officials and practitioners at all levels of government, industry and private practice need to know the ins and outs of employment and labor laws affecting procurement decision-making and disputes. This program's expert panels will address key issues affecting government contracting from current compliance to future trends.

Circle your calendar for November 4 ^th and 5 ^th for Santa Fe, New Mexico - the Land of Enchantment at the foot of the Sangre de Cristo Mountains!

Thursday, November. 4, 1999

11:00 a.m. to 5:00 p.m.

Tour of Los Alamos

A tour of Los Alamos is being offered to meeting attendees. The tour will begin at noon at the Bradbury Museum in Los Alamos, followed by visits to other sites of interest in Los Alamos, including a potential visit to Los Alamos National Laboratory. Registrants should plan to leave the hotel by 11:00 a.m., using their own transportation. Directions to Los Alamos will be available at the hotel's concierge desk. There may be a nominal fee for this event.

6:00 p.m. to 8:00 p.m.

Practicum: know when to hold them and know when to fold them

Settling or Litigating Employment Disputes

• Impact on contract performance, customer relations and recompetes
• Impact on workforce
• Cost impacts and allowability
• Dynamics of litigation management

James M. Weitzel, Jr.

(Cost Commentator)

Friday, November 5, 1999

7:45 a.m. to 8:15 a.m.

Registration

8:15 a.m. to 8:30 a.m.

Welcome

Philip J. Davis, Co-Chair

Annual and Quarterly Programs Committee

Wiley, Rein & Fielding

Washington, DC

Helaine G. Elderkin, Co-Chair

Computer Sciences Corporation

Falls Church, VA

Introduction --Fall Program Co-Chairs

Robin M. McCune

Senior Counsel

Computer Sciences Corporation

Falls Church, VA

Robert J. Smith

Morgan, Lewis & Bockius, LLP

Washington, DC

8:30 a.m. to 10:00

Independent Contractors: The Perm Temp Crisis

Sally J. Garr, Panel Moderator

Patton Boggs LLP

Washington, DC

• When is a temp not?
• Benefits and allowability of back benefit costs
• Joint employer issues
• Organizing temp workers

William Gaus

Pillsbury, Madison & Sutro LLP

Washington, DC

James M. Weitzel, Jr.

(Cost Commentator)

10:00 a.m. to 10:15 a.m.

Break

10:15 a.m. to 11:45 a.m.

The OFCCP Re-Awakens

Samuel D. Walker, Panel Moderator

Wiley, Rein & Fielding

Washington, D.C.

• EEOC/OFCCP cooperative agreements
• The new enforcement scheme
• Compensation and pay equity audits

Bernard R. Siskin, Ph.D

Senior Vice President

Center for Forensic Economic Studies

Washington, DC

Alissa A. Horvitz

Morgan, Lewis & Bockius LLP

Washington, DC

12:00 noon to 1:30 p.m.

Luncheon

Presiding:

Rand L. Allen, Chair

Section of Public Contract Law

Wiley, Rein & Fielding

Washington, DC

Luncheon Speaker:

Not yet confirmed

1:45 p.m. to 3:30 p.m.

The Organized Contractor Workforce

Joseph E. Santucci, Panel Moderator

Morgan, Lewis & Bockius LLP

Washington, DC

• Organizing activities
• Successor employer issues
• Outsourcing
• Collective bargaining dynamics and corporate campaigns

Matthew C. Lonergan

Boult, Cummings, Conners & Berry, PLC

Nashville, TN

Matthew Coyle

Assistant General Counsel

Lockheed Martin Corporation

Bethesda, MD

3:30 p.m. to 3:45 p.m.

Break

3:45 p.m. to 5:15 p.m.

New Responsibility Regulations

Los Angeles, CA

• Bidding dynamics
• Labor perspective
• Guilty until proven innocent?

Lisa A. Lavelle

Patton Boggs LLP

Washington, DC

Scott McCaleb

Wiley, Rein & Fielding

Washington, DC

5:30 p.m. to 7:30 p.m.

Cocktail Reception

SECTION COUNCIL MEETING

On Saturday, November 6, from 8:30 a.m. to 12:00 noon, at the Hotel Loretto, the Council of the Section of Public Contract Law will meet in open session to discuss issues of current importance to government contracts practitioners. All members and registrants for the Friday program are welcome.

Please complete and return the Registration Application if you will attend the Saturday Council Meeting.

CLE CREDIT

Accreditation has been requested for this program from every state (including California and Pennsylvania) with mandatory continuing legal education (MCLE) requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of "CLE." Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to the PACLE. Please be prepared to remit payment to the PACLE ($2.00 per credit hour or any portion thereof) after the program. Certificates of attendance will be available at the conclusion of the program for both attendees and speakers. If you have questions about the number of credit hours granted by each state, you may call 312/988-6217, starting 2 to 3 weeks before the program.

CANCELLATION POLICY

Requests for refund must be made in writing and received in the Section of Public Contract Law's office on or before October 29, 1999. Refund requests received after October 19 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time.

If you complete a registration form and fax it to the Section office, the transaction is considered a firm commitment, and you will be expected to pay the registration fee even if circumstances prevent you from attending the conference.

NO refunds will be made after October 29, 1999.

HOTEL INFORMATION

The Hotel Loretto is conveniently located just one block from the historic Plaza in downtown Santa Fe, at 211 Old Santa Fe Trail. A short stroll from the hotel are hundreds of specialty shops and bistros, museums, markets and world class galleries. Santa Fe is the third largest art market in the country and boasts many superb galleries. Three museums within walking distance are the Museum of Fine Arts, the Palace of the Governors, and the Georgia OíKeeffe Museum.

Santa Fe is located in the foothills of the Sangre de Cristo Mountains, 7,000 feet above sea level. Snow is unlikelyóbut possible! Average temperatures during November are 50/high and 27/low.

Driving time between Albuquerque and Santa Fe is a minimum of one hour. Transportation is available between Albuquerque International Airport and the Hotel Loretto through Sandia Shuttle Express at 505/474-5696. The one-way fare is $20.00 per person, and advance reservations are required because the schedule varies by time of day.

Room rates at the Hotel Loretto are $139, single or double, plus 10.25% tax per room per night. A very limited number of rooms are available for government employees at the rate of $91.28.

You may reserve your accommodations by calling the Hotel Loretto directly at 800/727-5531, identifying the ABA Public Contract Law Section room block, and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check-in after 4:00 p.m. with a check-out time of 12:00 noon. Early arrivals or late departures will be booked on an availability basis. Individuals with guaranteed reservations must cancel their reservations no later than 72 hours prior to the scheduled day of arrival to avoid a one nightís cancellation charge.

Make your reservations NOW. The hotel will release the room block on Tuesday, October 5, 1999.

SPECIAL AIRLINE DISCOUNTS

You can fly to ABA meetings with unbeatable airfares on the following carriers by purchasing your ticket under the ABA Discount Code and using one of two options: Percentage Discounts or Zone Fares. Once your airfare has been determined, the percentage discount can then be applied to produce additional savings to you. By asking the agent to compare the percentage discounted fare with the carrier's Zone Fares, even greater savings may be achieved. Zone Fares are more flexible and user-friendly than non-refundable, restricted airfares. While Zone Fare rules and restrictions vary with each airline, most only require a 7-day advance purchase; do not require a Saturday night stay; are changeable and refundable and require only a 2-day minimum stay. Zone Fares may not always be lower than the percentage discounted fare, but it is a smart practice to always ask your travel reservationist if your trip is eligible for Zone Fares.

The ABA Discounted Meeting Airfares are available through your travel agent, directly from the airline or from the ABA travel agency, VTS/Direct Travel at 800/929-3544.

• American Airlines 800/433-1790

ABA Code: S11565

• Delta Air Lines 800/241-6760

ABA Code: 121710

• US Airways 877/874-7687

ABA Code: 21900057

COMING ATTRACTIONS

MARCH 9-11, 2000

6th Annual Federal Procurement Institute and Open Council Meeting

Loews Annapolis Hotel, Annapolis, MD

JULY 8-11, 2000

Annual Educational Program and Open Council Meetings

The Waldorf=Astoria, New York, NY

JULY 15-20, 2000

ABA Annual Meeting

London, England

REGISTRATION APPLICATION

Send directly to:

Marilyn M. Neforas

American Bar Association

750 North Lake Shore Drive

Chicago, Illinois 60611-4497

312/988-5596 ó Fax: 312/988-5688

Please register the following person for the Public Contract Law (PCL) Section program on Employment and Labor Law: What Every Procurement Lawyer Should Know for the 21 ^st Century on Friday, November 5, 1999, at the Hotel Loretto in Santa Fe, New Mexico.

Registration Fee:

q $220 PCL Section Member or Associate

q $185 Government Employee PCL Section Member

$205 Other Government Employee

$265 ABA Member, PCL Non-Member

$290 Non-ABA Member

and/or

Free Thursday, November 4, Los Alamos Tour

Free Thursday, November 4, Practicum

Free Friday, November 5, Cocktail Reception *

Free Saturday, November 6, Council Meeting

Name ______________________________________________________________________________________

Please type or print legibly

ABA Member No. ____________________________________________________________________________

Firm/Agency/Company ________________________________________________________________________

Address ____________________________________________________________________________________

City, State, Zip ______________________________________________________________________________

Telephone Number ___________________________________________________________________________

Fax Number ________________________________________________________________________________

Charge $____________to my Credit Card: q Visa q MasterCard q AmEx

Card Number: ______________________________________________ Exp. Date: ____________________________________

Signature: ____________________________________________________________________________________________________

Government purchase/training order enclosed .

* Registration fee includes all scheduled coffee breaks, program luncheon, Friday cocktail reception and a bound manual of speakers' written presentations.

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American Bar Association

Public Contract Law Section

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