News from the
CHAIR-ELECT
By Stuart B. Nibley
A funny thing happened
on the way to the forum—
and no, I do not mean the
Construction Forum of the
ABA—I mean the forum of
my professional career as a
lawyer. First (and this is not
the “funny” part), after 23
years of working as a government contracts attorney,
I took a detour during which I taught and coached at the
high school where three of my four sons were attending (but that’s another story). The “funny” part occurred
upon my return to law practice in 2004. I will never forget standing directly in front of the imposing statue of
Admiral David Farragut, in the square of his name in
Washington, D.C., on a beautiful June day, speaking on
my cell phone to Section Chair-Elect Pat Wittie. I gathered myself for what I expected might be a somewhat
cold welcome from my long-time professional friend as I
informed her of my return to the legal world. I expected
Pat and others in the Section to respond to news of my
return from self-exile with lines such as, “Oh. . . it’s you. . .
Get in the back of the line.” Or, in the vernacular of my
18-year-old son, “You’re back? And your point is?”
But, to my happy surprise, Pat welcomed me back
with an enthusiasm that almost literally bowled me over
(I think I even saw Old Admiral Farragut crack a smile
at my teetering): “Stu! It is so good to hear from you and
to have you back with us. What committees and activities would you like to be involved with; what programs?
This is great!”
It was right then that I decided I wanted to become
involved with Section activities in a much more meaningful way. Pat’s infectious welcome was echoed by nearly each Section member with whom I interfaced. I can
state without reservation that my decision to devote
a significant amount of professional time and effort to
Section activities has been one of the best professional decisions I have made. The collegiality that Section
members universally manifest crosses personal and professional borders. Whether it is federal government,
Stuart B. Nibley is the chair-elect of the Section of Public Contract
Law, and a partner with K&L Gates in its Washington, D.C., office
where his practice focuses on counseling and dispute resolution on
behalf of government contractors. His term as the 2014–2015 Section
chair begins at the conclusion of the 2014 Annual Meeting in Boston.
private bar, judiciary and board, in-house, state and
local, or international, attorneys throughout our Section
foster an unselfish objective of enhancing the practice of
government contracts law by welcoming balanced perspectives and differing viewpoints. I am always amazed
at the respectful collaboration this approach yields.
We almost lost our chance to collaborate for much of
the past year, and it was only through the expert navigation skills of Chair Sharon Larkin that we did not. A virtual tsunami of challenges washed over our practice area,
from the “no, it will never happen” sequestration and
government shutdown, to the corresponding effects this
had on participation by perhaps the most crucial constituent in our Section constellation—government attorneys, who faced furloughs, funding limitations, and, for
some, serious questions from agency ethics officials about
their dedication to Section activities. The second wave
in the storm washed over us when the very soul of the
Section, Marilyn Neforas, was forced to undergo back
surgery, and the Section faced the prospect of paying significant fees for canceling the fall education and Council meetings in response to the government shutdown.
My conversations with Section members revealed that,
understandably, few were aware of just how threatening
the tsunami was for our Section this year. However, Sharon initiated an extremely organized response, involving me in daily telephone calls and the other officers and
ABA Professional Services Division core staff, Jill Pena,
and associate executive director for Professional/Specialty Services group, Maria Enright, in weekly or biweekly
calls. The extraordinary commitment and effort of everyone involved enabled the Section to proceed with its
fall program (albeit in December) and emerge, possibly
even stronger, into a new year.
This is the time of year all chairs-elect ponder the
questions, “What does our Section do particularly well?
And where do we need to improve?” The answers to the
first question seem fairly obvious to me. The Section has
for many years produced educational programs and publications of unparalleled quality. Pat Wittie, and, before
her, Karen Manos, have led a bulging board of Section
members and (George Washington Law School) students in producing a law journal of the highest rank. Nicole Owren-Wiest, and, before her, John Burkholder and
Mark Langevin, have managed publication of the Section’s Procurement Lawyer periodical of equal measure.
Our new annual program co-chairs, Paul Khoury and
Annejanette Pickens, and fall program co-chairs, Oliya
Zamaray and Stan Soya, are (dare I say?) well ahead of
schedule in planning a smashing fall program for the
Section on Oct. 30–31, 2014, in Miami entitled Government Contracting in a Tech-Savvy World.
But to me it is the Section’s professional diversity that
most stands out. No other association can boast what
makes our Section special, and effective. The meaningful involvement of government attorneys, judges, private bar, and in-house attorneys makes this organization
Volume 49, Number 4 The Procurement Lawyer 3 Published in The Procurement Lawyer, Volume 49, Number 4, Summer 2014. © 2014 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
unique and universally respected. It is this professional
balance that allows the comments the Section submits
relative to Federal Acquisition Regulation and agency
supplement rules to be so well-received. Special recognition is warranted for the unfailing efforts Kara Sacilotto
and Craig Smith expend in managing the Section’s comment-submission process, and also Kristen Ittig with regard to legislative awareness.
As with so many professional organizations, the very
aspects of the Section’s persona that make it so strong
also prove to be its challenges. Membership, professional balance, eternal energy, and commitment—these are
our strengths—but these are also our challenges. Like
other associations, we must increase membership, and
particularly among younger attorneys. We must especially conquer the particular challenges the Section faces to
attract and involve government attorneys. To this end,
4 Ty Hughes, Gen. Dave Ehrhart (ret.), and I, with the assistance of several past chairs, are pursuing an outreach
program using Ty’s and Dave’s contacts, and those of
other government attorneys, to communicate the value
the Section can bring to government attorneys and their
agencies. The Section also continues to work towards
catching up to the technology of the 21st century. And,
the Section faces the perennial challenge of developing
a more diverse membership.
On the substantive front, the Section is working on a
number of publications and initiatives, including a 4th
edition of the Practitioner’s Guide to Suspension and Debarment; responding to mounting government focus on counterfeit (and nonconforming) parts initiatives; a possible
best practices guide five years into the mandatory disclosure regime; bid protests, including a possible monograph
refresher regarding practice before the US Court of Federal Claims; state and local and, increasingly, international
issues; and, of course, cybersecurity challenges.
One benefit that flows from the privilege of moving
up the Section’s leadership ladder is the opportunity to
interface with leaders of other Sections and the ABA at
large. I have been stunned to discover the respect that
our Section enjoys among the association’s leaders. This
respect is the product of the unwavering commitment of
the Section’s long-time leaders, many of whom continue to mentor the rest of us. Among them are past-chairs
Mark Colley, Carol Park-Conroy, Don Featherstun, and
Karen Manos; the Honorable Ruth Burg; delegates John
Pachter and Mary Ellen Williams, Michael Mutek, Pat
Meagher, Michael Hordell, and Rob Schaefer, and many
others on behalf of the Section Fellows, and of course,
most significantly, the late Allan Joseph. These pillars
of the government contracts bar bring uncompromising
stability and virtue to our Section.
And finally, there is MN—no, not the transposed initials of the state next to Arizona—I mean Marilyn Neforas (I’m getting a little emotional writing this.) Marilyn and I speak usually two or three times a week—and
that’s just “shooting the breeze” when I am driving home
at night. We speak more frequently regarding Section
business. Marilyn is incomprehensible work ethic; Marilyn is our Section’s archives; Marilyn is our umbilical
cord to the rest of the ABA; and Marilyn is our professional (and for some of us, personal) nanny; and Marilyn
is our best friend.
So, if you want to be warmly welcomed by a group
of like-focused professionals, to participate meaningfully in forging the direction in which the practice of
government contracts law will proceed, and to develop
life-long friends, come join our Section; come participate in committee activities; come attend our unequaled
legal education programs; and come mingle at our social events. (We are particularly good at mingling!) And
thanks especially to all of you who already contribute
your time and energy to our Section activities, and who
enjoy the many benefits our Section has to offer. PL
The Procurement Lawyer Summer 2014
Published in The Procurement Lawyer, Volume 49, Number 4, Summer 2014. © 2014 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.