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7 Pub. Cont. Newsl. 1 (1971-1972)

handle is hein.journals/procurlw7 and id is 1 raw text is: - SECTION OF PUBLIC CONTRACT LAW AMERICAN BAR ASSOCIATION Vol. 7, No. 1, October 1971 Tvmllc~ FEDERAL STATE & LOCAL GOVERNMENT CONTRACTS Paul Shnitzer, Editor, 1803 Cody Drive, Silver Spring, Md. 20902 Moody R. Tidwell, III, Assistant Editor THREE IMPORTANT PROGRAMS AT ANNUAL MEETING (LONDON) by Carl F. Paul of the New York and D.C. Bars The site of the Public Contract Law Section at the London Annual Meeting on July 14 through 16, 1971, was the Royal Garden Hotel at Hyde Park. The session 'opened with greetings at the luncheon from the Chairman of the Section, F. Trowbridge vom Baur. The speaker was the Honorable Barry J. Shillito, Assistant Secretary of Defense, United States, who spoke on Procurement Problems in his Department, and the effort being made to upgrade the quality of the procurement and program management people, and to give them more responsibility and authority. A result that is hoped for is the settlement of more claims informally. FIRST MEETING Contract Formation and the Basic Philosophy of the Procurement Process, with the Implementation by Statute, Regulation and Practice was the subject of the First Session. The Moderator was Mr. vom Baur. The principal speakers were Mr. E. F. Hedger, Director General of Defence Contracts, U.K., and Paul Dembling, General Counsel, GAO. Commentators were Professor John Whelan, University of California School of Law, and Professor C. C. Turpin, Clare College, Cambridge. Panelists were I. C. Fletcher, Director of Contracts, Department of Environ- ment, U.K.; D. L. Segal; and A. J. Joseph, both of the U.S.A. SECOND MEETING Contract Performance was the subject of the Second Meeting and particularly changes and adjustment provisions in contracts, amicable resolution of differences by Contract Administrators and procedures available for unresolvdd differences. The moderator was Chief Judge Wilson Cowen, U.S. Court of Claims. Speakers were John E. Cavanagh, General Counsel, Lockheed Aircraft Corporation; Mr. F. N. Charlton, Assis- tant Treasury Solicitor, U.K.; Chairman Richard C. Sol- ibakke, Armed Services Board of Contract Appeals; and Mr. E. J. Gibbons, Solicitor, British Insulated Callender's Cables, Ltd. Panelists were U.K's Mr. E. G. Rubython, Director and General Manager, Hawker Siddeley Aviation, Ltd.; and Mr. J. Kay, Director of Navy Contracts, Ministry of Defence and, from the U.S., Mr. Frederick Sass, Jr., Mr. Overton Currie and Mr. Roger Boyd. The second luncheon speaker was Administrator Robert Kunzig, GSA, who spoke on Social Benefits Through Government Contracts. He pointed out unusual instances of success in tie reduction of pollution through GSA's development of Dual Fuel vehicles adapted to utilize natural gas in urban areas, and other unusual instances of environmental protection. THIRD MEETING The Third Program moderated by G. A. Cuneo, dealt with three topics: (I) Excessive Profits and Risk Allocation; speakers Mr. Paul F. Hannah and Mr. N. L. Lupton, Director of Contracts of the Plessey Company, Ltd.; (2) Truth in Negotiations; speakers Mr. A. H. Blyth, Assistant Director of Contracts, Ministry of Defence, and Mr. T. J. Lydon, Chief, Court of Claims Section, Civil Division, Department of Justice; (3) International Trade and Govern- ment Procurement; speakers Mr. Marion E. Harrison and Mr. William Nicoll, of the Department of Trade and Industry, U.K. The Panelists from the United Kingdom were Messrs. St. John White, D. R. Perrey and W. H. Blackburn, and from the United States Mr. M. J. Doke, Jr.; Mr. G. Creyke, Jr.; Mr. H. Gold, of the Naval Facilities Engineering Command and Mr. G. M. Coburn. BRITISH PROCEDURES Formal advertising is not used in British contracts. While a substantial number of the total procurement actions are non-competitive, selective tenders in many instances are obtained from a list of pre-qualified concerns. The settlement of disputes is handled informally by the department concerned. The largest number of contracts are placed by the Ministry of Defence and the Ministry of the Environment. There is less statutory and regulatory au- thority than in American Government contracts. However, the British Treasury in February 1968, entered into an agreement with the Confederation of British Industry which set up the Review Board for Government Contracts. It has a Chairman and four members, two appointed by industry and two by the Government. Its.chief task is to make periodic reviews of the operation of the profit formula; but, in addition, it looks into the equality of

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