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11 Pub. Cont. Newsl. 1 (1975-1976)

handle is hein.journals/procurlw11 and id is 1 raw text is: 









  SECTION OF
  PUBLIC CONTRACT LAW
  AMERICAN BAR
  ASSOCIATION

Vol. 11, No. 1, Oct. 1975


Inspired and enthused by the Section's Montreal
meeting, which 200 members attended, the Public
Contract Law Section is moving into high gear for the
1975-76 year.
  High points of the program which Bob Wallick and
Biff Turner did such a superb job of putting together
were the report by the Honorable Hugh E. Witt,
Administrator of the Office of Procurement Policy, on
the functioning of his Office and on the complex
problems it has to solve; and the well-received account
of the Honorable J.M. DesRoches, Deputy Minister,
Ministry of Supply and Services of the Royal
Canadian Government, of how research and develop-
ment procurement is handled in Canada. These
addresses were rivaled, however, by those of Robert
Montgomery, General Counsel of FEA, and Hudson
R. Ragan, Deputy General Counsel of ERDA, on
their specialties, and by the well-prepared bread and
butter sessions. The mock Congressional Hearing on
HR 6085 (Remedies) was better than the usual real
thing. The programs on the handling of shortages and
escalation and on acceptances and warranties were
first rate; and the presentation on grants in EPA and
protests and disputes in HEW were informative and
thorough.
  The Section also presented, jointly with the Section
on Local Government Law, a well-attended program
on the Model Procurement Code, which is vigorously
moving forward as one of the major projects of the
Section this year.
  The intellectual fare had its counterparts in the
culinary and liquid delights offered at the Mount
Stephen Club by the fifteen host firms to the Section
and its many friends-the most brilliant social event
of the Annual Meeting.
  The Council of the Section worked hard and
productively in two long sessions on the many issues
confronting the Section and the profession. It voted:
  * To request the ASPR Committee and the Office
  of Procurement Policy (since transmitted) not to
  promulgate an All-Disputes clause until the


FEDRAL STATE & LOCAL GOVERNMENT CONTRACTS
                 Copyright © 1975 American Bar Association


  government was ready to take action in an
  integrated way on all of the Procurement Commis-
  sion's recommendations relative to disputes and
  judicial remedies;
  0 To request the Administration Committee of the
  Board of Governors of the ABA to authorize the
  Section to file a brief amicus supporting a Petition
  for a Writ of Certiorari to the Supreme Court in
  International Engineering Compaky v. Richardson
  (a request which was not granted because of policy
  considerations);
  9 To amend the by-laws of the Section to enable the
  Council to act on procedural matters by majority
  vote of a quorum (a majority of the Council), and
  on substantive matters by a vote of two-thirds of
  those present or a majority of the full Council,
  whichever is the lesser; and also to amend these by-
  laws to leave to the Council, rather than to include
  in the by-laws, the regional organization of the
  Section. (Both amendments were approved by the
  Section membership and the second by the. ABA
  House of Delegates);
  9 To run an essay contest on public contract law.
  The Council also:
  a Approved a sample statute for state enactment
  requiring bid proposals to set forth relevant
  environmental protection laws and regulations, and
  also providing for issuance of change orders for
  additional work caused by environmental pro-
  tection changes; and a contract clause to the same
  effect;
  0 Reaffirmed its support of several years ago for the
  appointment of a Commission on Grants to study
  and make recommendations on this subject similar
  to those on Federal procurement of the Federal
  Procurement Commission;
  Formulated the role and mission of the Council
Liaison, as follows:
  0 Each liaison member should be a manager and
  take responsibility for getting his committees to
  work. He should provide assistance to his commit-


Martin J. Harty, Editor, 14227 Georgia Ave., No. 104, Silver Spring, Md. 20906
                       Ronald Wartow, Assistant Editor




                         CHAIRMAN'S REPORT

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