2013 Spring Meeting and Section of Public Contract Law 8th Annual State & Local Procurement Symposium

Vol. 36 No. 3


May 2−5, 2013 • Hilton Nashville, Tennessee

Thursday, May 2, 2013
3:00 p.m.−4:00 p.m.

Executive Committee Meeting

4:00 p.m.−5:30 p.m.

Practicum: Basics in Government Contracts Law— What State & Local Practitioners Should Know

Sponsor: Public Contract Law Section

This year’s practicum will use hands-on, interactive exercises to address the fundamentals of state and local procurement, including contracting authority and fiscal law—legal cornerstones to effective contracting. The practicum will be led by two senior members of the Section, a highly experienced state procurement attorney and a professor from George Washington University’s government procurement law program.

Participants will use materials excerpted from Prof. Danielle Conway’s text, State and Local Government Procurement; the full text is available from the ABA bookstore. Additional background from Volume I of the Government Accountability Office’s authoritative Red Book on fiscal law is available at www.gao.gov/legal/redbook/redbook.html.

Keith McCook, Deputy General Counsel, State of South Carolina, Office of General Counsel, State Budget & Control Board

Chris Yukins, Professor of Government Contracts Law, Co-Director of the Government Procurement Law Program, George Washington University

Recommended text: Danielle M. Conway, State and Local Government Procurement (ABA 2012), available at http://apps.americanbar.org/abastore/index.cfm.

5:30 p.m.–7:00 p.m.

Networking Reception

Baker Donelson Center, Suite 800, 211 Commerce Street

Remarks: Karl Dean, Mayor of Nashville (invited)

Karl Dean is the sixth mayor of the Metropolitan Government of Nashville and Davidson County, elected on Sept. 11, 2007.

Book signings: Development by Agreement, Social Media, Greening Local Government, Town and Gown

7:15 p.m.–9:45 p.m.

No Host Dine-Around—Dinner with your colleagues at a local restaurant:

Capital Grille Southern BB King’s

Puckett’s Merchants

Friday, May 3, 2013

7:00 a.m.−5:00 p.m.

Section Registration & Hospitality

7:00 a.m.−8:00 a.m.

Continental Breakfast

8:00 a.m.−9:00 a.m.

State & Local Government/Procurement Hot Topics

Sponsors: Government Operations Committee/Public Contract Law Section

Panelists will keep you current on some of the cutting edge issues in government operations and procurement.

Moderator: David Yarkin, President, Government

Sourcing Solutions; former Deputy

Secretary for Procurement, Pennsylvania Department of General Services

Panelists: Dianne Lancaster, Chief Procurement Officer, State of Oregon

Mark Leach, Stites & Harbison PLLC,

Louisville, KY

Dugan Petty, Chief Information Officer, and former Chief Procurement Officer, State of Oregon; Chair, National Association of State Chief Information Officers (NASCIO)

Dr. Scott Catey, Department of Corrections, Helena, MT

9:15 a.m.−10:45 a.m.

Legal Compliance/Law Enforcement

Sponsors: Government Operations Committee/Public Contract Law Section

Significant responsibility comes with the receipt of state and local government dollars. Enforcement authorities closely scrutinize the procurement and use of government dollars to make sure awards are appropriately generated, managed, and free from price fixing, bribery, corruption, and fraud. This panel provides an overview of these enforcement trends—taking a close look at the enforcement theories used relating to the Criminal False Claims Act and Civil False Claims Act. Panelists will provide key insights into designing an effective compliance program that will help protect organizations.

Panelists: David Dugas, Partner, McGlinchey

Stafford; former U.S. Attorney for the Middle District of Louisiana

Chris Myers, Partner, Holland & Knight, Corporate Compliance Team, White Collar Defense and Investigations Team

Angela Hinton, Chief Counsel, City of Atlanta–Law Department

11:00 a.m.−12:30 p.m.

Emergency Management/Emergency Contracting

Sponsors: Emergency Management/Homeland Security Committee and Public Contract Law Section

Tennessee has had its share of flooding in the past few years, putting to the test local emergency management plans. This panel will address recent major flooding that occurred in Nashville and Memphis, how those cities responded, how they handled emergency contracting issues, and what lessons were learned.

Moderator: Lai Sun Yee, Senior Policy Advisor,

Department of Homeland Security/FEMA

Panelists: Tom Cross, Associate Director, Legal

Division, City of Nashville

Chief Alvin D. Benson, Director of Fire

Services, City of Memphis

12:30 p.m.−2:00 p.m.

Hot Topics in Land Use Law Lunch

Sponsor: Land Use, Planning and Zoning Committee

Panelists will keep your practice current, detailing the most cutting edge legal issues in land use planning and zoning.

Panelists: W. Andy Gowder, Pratt, Thomas, Walker, Charleston, SC

Jennifer Bragar, Garvey Schubert Barer, Portland, OR

Robert H. Thomas, Damon, Key, et al., Honolulu, HI

Daniel P. Dalton, Dalton & Tomich PLC, Bloomfield Hills, MI

Michael Thomas Kamprath, Thresher PA,

Tampa, FL

Travis Phillips, Brown McCarroll, Austin, TX

Daniel D. Crean, Crean Law Office, Pembroke, NH

Christopher B. Bradford, Coats Rose Yale Ryman & Lee, Austin, TX

12:30 p.m.−2:00 p.m.

Public Contract Law Luncheon

Luncheon Speaker: Jessica Robertson, Chief Procurement Officer for Tennessee

2:15 p.m.−3:15 p.m.

Government Outsourcing/Public-Private Partnerships

Sponsors: Public Finance Committee/Public Contract Law Section

Nashville is a leader in public-private partnerships, including the public-private partnership with Omni Hotels over the new convention center. This panel will address, from the perspective of government officials, the private entities, and outside counsel, the development of various public-private partnerships and the issues they raise.

Moderator: W. Andrew Gowder, Pratt, Thomas, Walker, Charleston, SC

Michael Garcia, CFO/SVP of Development and Acquisitions, Omni Hotels

Charles R. Bone, Bone McAllester, Nashville, TN

Robert R. Campbell, Jr., Waller Lansden Dortch & Davis, LLP, Nashville, TN

3:30 p.m.−4:30 p.m.

Government Outsourcing and Its Ethical Implications

Sponsors: Ethics Committee/Public Contract Law Section

In recent decades, federal, state, and local governments have increasingly turned to private companies to provide public services. This panel will discuss the ethical implications of government outsourcing for lawyers who work for and advise both government clients and those private company clients who perform these outsourced government functions.

Moderator: Michael Donaldson, Carlton Fields,

Tallahassee, FL

Panelists: Katherine Clark, Professor, Washington

University, St. Louis, MO

Junaid A. Odubeko, Butler, Snow, O’Mara, Stevens & Cannada, PLLC, Nashville, TN

Martha H. Chumbler, Carlton Fields,

Tallahassee, FL

5:00 p.m.−8:00 p.m.

Dinner—Bluebird Café, 4104 Hillsboro Pike

Bus departs from the hotel at 4:30 pm.

Saturday, May 4, 2013

7:00 a.m.−5:00 p.m.

Section Registration & Hospitality

7:00 a.m.−8:00 a.m.

Continental Breakfast

7:30 a.m.−8:30 a.m.

Urban Lawyer Advisory Board

8:30 a.m.−10:00 a.m.

Membership Committee

10:00 a.m.−11:00 a.m.

Diversity Outreach Committee

10:00 a.m.−11:00 a.m.

Publications Oversight Board

11:00 a.m.−12:00 p.m.

Land Use Committee

11:00 a.m.−12:00 p.m.

Content Advisory Board

12:00 p.m.−1:00 p.m.

Substantive Committee Business Meetings: Condemnation, Public Finance, Government Operations, Environmental, Ethics, Public Education, Emergency Management, Diversity Law, Model Procurement Code

1:00 p.m.−2:00 p.m.

Revenue Enhancement Committee

1:00 p.m.−2:00 p.m.

Electronic Communications Committee

Sunday, May 5, 2013

8:30 a.m.−11:00 a.m.

Council Breakfast Meeting

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