March 2000

FROM THE PRESIDENT…

In an effort to get a little discussion going on our web page Discussion Forum, I'm going to spend a minute discussing my pet peeve in the contracts world.

Almost every contract or subcontract I've seen includes an "Indemnification" Clause. And, almost every indemnification clause requires the indemnitor(s) to assume responsibility for any claims for damages of any type except those caused by the sole negligence or willful misconduct of the indemnitee(s). In most cases, the indemnitee is the Client, and the indemnitor is the contractor/subcontractor. This is always unfair to the indemnitor.

I must admit that the subcontracts I issue to my subcontractors stipulate that the subcontractor indemnify my employer for all but my employer's sole negligence…but that the terms and conditions that I propose to clients only require my employer to assume responsibility for damages to the extent they are caused by my employer's negligence. My question is…why don't we issue subcontracts that we'd be willing to sign as subcontractors? Why do we require our subcontractors to assume responsibility for damages that may have been partially caused by our negligence? Does the golden rule not apply to the contracts and procurement fields?

Just some food for thought….. If you have any input, please visit the Discussion Forum on our Chapter web site and make a posting.

Please be sure to join us at our next membership meeting on March 1, 2000, at 11:30 a.m., at the Garden Plaza in Oak Ridge.

Elise Roske, CPCM

NCMA WORKSHOP

Where: Garden Plaza Hotel

Time: 10:30 a.m.

When: March 1, 2000

Topic: Latest Legal Issues in Government Procurement

Speaker: Wendy Bryant, Office of Chief Counsel, U. S. Department of Energy

MEMBERSHIP MEETING

Registration and Networking 11:30 to 11:45 Meeting begins promptly at 11:45 a.m.

Cost: $10 Members, $12 Non-Members

Topic: Overview of the Oak Ridge Operations & FY2001 Budget

Speaker: G. Leah Dever, Manager, Oak Ridge Operations

Menu: Tossed Salad w/ Assorted Dressings Chicken Picata Rice Pilaf Mandarin Glazed Baby Carrots Assorted Dinner Rolls & butter Chef's Choice of Dessert Coffee, Iced Tea & Water

RSVP: Call Vicki Dyer at 483-9332.

NOTE: Please make reservations by 5:00 p.m. Friday, February 25

About the Speaker... G. Leah Dever has over 19 years experience in environmental planning and engineering in both the private and federal government sectors. Over the last eleven years she has been a pioneer in the Department of Energy's goal to restore the environment at its old facilities and make itself the model for contemporary industrial practice for environmental protection. She was appointed as the Ohio Field Office Manager (November 12, 1997), where she is responsible for closure and environmental restoration of five nuclear facilities at Fernald, Mound, Ashtabula, and Columbus, in Ohio, and the West Valley Demonstration Project in New York. Annual budget projections are $550 million.

Ms. Dever is the Manager, Oak Ridge Operations Office (ORO). ORO is responsible for a broad range of research and development programs related to nuclear, fossil, and other energy initiatives; support for the National defense including dismantlement of nuclear weapons components; environmental restoration and waste management; technology transfer; work for other Federal agencies; education; and training.

She has served as Assistant Manager for Environmental Management at the Nevada Test Site, with an $80 million budget, where she managed groundwater contamination, soil contamination, and industrial site cleanup. Ms. Dever began her Federal career as an Environmental Scientist at Department of Energy Headquarters. There she guided the Department's Operations Offices at Albuquerque, Idaho, Nevada, Oak Ridge, Richland, Rocky Flats, and Oakland through the difficult process of bringing their facilities into compliance with contemporary environmental law and practice.

Prior to joining the Department of Energy she served as an environmental scientist with several Environmental Engineering and Planning Companies where she assessed the impacts of large construction projects, evaluated applicability of environmental laws to federal facilities, prepared National Environmental Policy Act reports and hazardous waste permit applications, and managed the integrated master schedule for the Army's chemical agent disposal project on Johnston Island.

Education: 1977, MS, Biology/Ecology, Pennsylvania State University

1974, BA, Biology, Thiel College

Leah grew up on a Christmas Tree farm in rural Pennsylvania where she developed her life-long love of the natural world. Within the Department of Energy she is known for her open inclusive management style and her commitment to working closely with community leaders.

Education... We are pleased to have Wendy Bryant, DOE Office of Chief Counsel as our workshop speaker this month. Ms. Bryant will talk to us about the latest legal issues in Government procurement. The workshop will be on March 1 at the Garden Plaza Boardroom from 10:30-11:30. If you would like to attend, please make reservations with Karen Shears at 241-6411 or Darlene Ahlers at 576-0757.

Karen Shears and Darlene Ahlers

Calendar of Events........

February 24, 2000 One-day seminar on "Advanced Issues in Best Value Procurement". Presented by Ralph Nash

March 1, 2000 NCMA Membership Meeting March 15, 2000 NCMA Board Meeting

April 4, 2000 NES

Membership News...

We currently have 158 members. Don't forget that membership due go up in price as of April 1, 2000. Currently membership dues are $72. As of April 1, 2000, dues will be $85. That's an increase of $13. If your membership renewal date is after April 1, 2000, you may go ahead and renew them early (by March 31, 2000) and save $13. Members can go on-line to change personal information. Go http://www.ncmahq.org. Click on Member services. You can change your email address, your preferred mailing address (home or work), your name as you would like it to appear on mail or chapter roster, your job title, your home and work phone, your Company or Organization, and your home and work addresses.

ATTENTION MEMBERS!!!

BEAT THE CLOCK!! Renew now and save $$$$$$$$ on your NCMA membership.

NCMA dues are increasing effective April 1, 2000.

Take advantage of the following limited-time offer to renew and save!!

* Renew for one year and save up to $13. * Renew for three years and save up to $64.

Your anniversary month will stay the same, so if you take advantage of this limited-time offer, you will not be invoiced again for up to three years!!

This offer is valid until March 31, 2000. All renewals received after that date will be subject to the new dues rates of $85 for one year (regular member) and $225 for three years (regular member).

AS ALWAYS, BRING A GUEST. LET'S INCREASE OUR MEMBERSHIP BEFORE THE END OF THIS TERM. ANYONE YOU KNOW THAT MAY BE INTERESTED, PLEASE HAVE THEM GIVE ME A CALL!!!

You can reach me anytime via email at lisa.oldham@jacobs.com or call at me at Jacobs Engineering Group at 220-4825.

Lisa Oldham

Scholarship News

The East Tennessee Chapter of the National Contract Management Association (NCMA) is seeking candidates to award at least two scholarships. One scholarship of $1,000 will be awarded to a high school senior who plans to enter a college or university in the East Tennessee area with either acquisitions, contracts, logistics, procurement management, or a related field as a major or minor. Another scholarship for $2,000 will be awarded to a college student in the East Tennessee area who is already pursuing the above curriculum. Completed applications are due by March 31, 2000. A third scholarship may be awarded at a later date. For additional guidelines and applications, interested individuals should contact McArthur Moore, scholarship chairperson at 576-3847 phone, 241-9330 fax, or via e-mail at mzo@bechteljacobs.org.

McArthur Moore

East Tennessee NCMA

WWW.NCMAET.COM has now received over 1000 hits! Are you looking for information on the NES 2000 Seminar? How about DOD meetings on "Changes In Cost of Accounting Practices?" You can check out this information along with the Next Meeting, News and Events, Calendar, Newsletters, Meeting Minutes, Officers, Employment Opportunities, Discussion Forum, Links, and About NCMA. Click on it!

Robert Madgett

NES When: Tuesday, February 29, 2000 11:30 AM-12:30 PM (GMT-05:00) Eastern Time (US & Canada). Where: 151 LaFayette, Room 202

Mike Criss