PRACTICES

Consortia Management

B&C® Consortia Management, L.L.C. (BCCM)

Overview:

Collaboration on advocacy, research, and required testing through consortia is key for entities in the industrial, agricultural, and specialty chemical spaces.  Leverging resources to meet research, testing, regulatory, advocacy, and other shared obligations to promote and advocate issues of shared concern allows participating entities to reduce resources and maximize impact. B&C® Consortia Management, L.L.C. (BCCM) takes efficiency and efficacy one step further for consortia members through our consortia management services.

BCCM creates and maintains the operational framework for consortia so that members can focus on substantive issues most pertinent to their needs and essential to their success. We provide core management services along the operational hierarchy, from strategic business and legal counsel to basic administrative support. We structure and manage consortia to conform with the realities of the industrial, agricultural, and specialty chemical business communities, and offer a variety of state-of-the-art platforms to ensure consortia participants have a business organizational model that allows seamless access to and communication with the consortia and its business affairs.

BCCM’s goal for our consortia clients is to ensure that each consortium’s interests are protected and immunized from antitrust concerns, and each one’s voice is heard on a wide-range of regulatory, scientific, legal, policy, and related issues.

What We Do:

Administrative and Management Services: BCCM’s significant experience allows us to tailor our services to meet each consortium’s chemical-specific needs. We emphasize that the services listed below are comprehensive but not exhaustive -- we are flexible and can provide additional or diminished support services to adapt our support services, as may be required.

  • Legal –
    • Prepare a consortium charter, by-laws, record retention policy, and an antitrust policy
    • Provide scientific, regulatory, legal, and antitrust counsel
  • Operational –
    • Create a business and/or strategic plan
    • Prepare requests for proposals and negotiate contracts with laboratories
    • Develop product defense strategies, including:  draft press releases and related documents, formulate responses to media and other inquiries, and prepare question and answer documents
  • Administrative –
    • Coordinate and schedule conference calls and meetings
    • Organize and administer web conferences
    • Coordinate and arrange annual or other meetings
    • Prepare and distribute minutes for conference calls, web conferences, and meetings (usually within 24-48 hours)
    • Conduct all recordkeeping duties
    • Develop and maintain an e-mail list serve for internal communications

Communication Services: BCCM understands the necessity of timely and accurate communications among consortium members. To ensure all consortium members are aware of news and developments affecting their chemicals and have timely access to key documents, we offer a range of support services tailored to facilitate internal and external consortium communication needs.

  • Informational –
    • Track significant regulatory, scientific, and legal issues relevant to the consortium’s needs and long-term goals
    • Prepare periodic updates (e.g., monthly, quarterly)
    • Catalog and summarize chemical lists on which a chemical is included (including federal, state, and international lists)
    • Alert consortium members promptly of relevant industry/government developments
  • Marketing –
    • Lead membership recruitment and promotional activities
    • Develop professional brochures, advertising, promotional, and other informational materials (i.e., position statements, best practice guides)
  • Technical –
    • Design and maintain public and private websites
  • External Relations –
    • Build and maintain positive relationships with federal agencies (e.g., U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), U.S. Occupational Safety and Health Administration (OSHA)), other user groups, Congress, and related entities
    • Prepare for meetings with EPA and/or Congressional delegations
    • Prepare for EPA site visits
  • Additional Services –
    • Serve as a clearinghouse for the amalgamation of what would otherwise be competitively sensitive information
    • Coordinate and monitor testing activities

Financial Services: BCCM appreciates the importance to member companies of controlling costs, developing accurate budgets, and tracking costs and budget items carefully on a real time basis. By assessing management costs to each member company on a flat fee basis (exclusive of disbursements), BCCM provides member companies with a high degree of business certainty, transparency, and hands-on engagement in the generation of the consortium budget in which they participate.

  • Prepare periodic financial statements (all financial information is prepared by a certified public accountant)
  • Invoice member companies for annual fees, disbursements, special assessments, and other expenses
  • Maintain consortium funds in a separate bank account
  • Collect and distribute fees
  • Conduct annual audits

Representative Engagements:

  • Aseptic and Antimicrobial Processing and Packaging Association (AAPPA): A not-for-profit trade association committed to identifying and addressing potential health, safety, and environmental issues related to aseptic food and beverage packaging and processing.  Its members represent food and beverage producers and processors, as well as suppliers of aseptic equipment, chemicals, and materials.  AAPPA advocates for appropriate workplace exposure thresholds for aseptic processing chemicals and develops training and educational resources to ensure the ongoing safety of food and beverage processing workers.
  • Ethylene Oxide Sterilization Association, Inc. (EOSA)A non-profit organization with more than 40 member companies representing every segment of the ethylene oxide sterilization industry.  Members include medical device manufacturers, sterilization consultants, laboratories, contract sterilizers, and equipment manufacturers with a common interest in promoting the use of ethylene oxide for sterilization.  In 2016, EOSA expanded its membership reach and now has active members in seven countries, with goals to continue the expansion.  EOSA works to educate industry, regulators, and the public on the uses and benefits of ethylene oxide. EOSA also works to improve safety standards, foster industry communications, and provide a forum for many subjects related to ethylene oxide sterilization.
  • Ethyleneamines Product Stewardship Discussion Group (EPSDG):  A group comprised of producers of numerous ethyleneamines products formed to discuss and review product stewardship matters related to these products, in the hope of assisting in the safe use and handling of these chemicals by all who come into contact with them.
  • International Technical Caramel Association (ITCA): An association of caramel color producers, users, and trade associations focused on product stewardship related to the use of caramel colors in foods, drugs, and other articles of use by humans or animals.  ITCA supports the caramel color industry by engaging in the development of information through studies and scientific research, the dissemination of communications, and advocacy with regulatory and food safety bodies.
  • N-Methylpyrrolidone Producers Group, Inc. (NMP Producers Group):  A group of domestic manufacturers of N-methylpyrrolidone (NMP), formed to promote the safe use of NMP and NMP derivatives through research, product stewardship, and outreach efforts within the framework of responsible chemical management. The group is currently managing advocacy efforts associated with risk assessment activities under the Toxic Substances Control Act (TSCA).
  • North American Metal Packaging Alliance, Inc. (NAMPA):  A not-for-profit trade association committed to protecting health through the safety of metal packaging and metal packaged foods. Its members represent various areas of the value chain, including can manufacturers, coating companies, raw material suppliers, and end users.
  • North American Metals Council (NAMC):  A not-for-profit group of metals-producing and metals-using associations and companies that focus on a broad range of science and policy issues that affect metals in a generic way. Members monitor and engage in state, federal, and international regulations and policies impacting metals and metal substances, including implementation of TSCA.
  • Tetrahydrofuran Task Force:  A task force representing U.S. manufacturers and users of tetrahydrofuran (THF). Its mission is to address scientific, regulatory, and product stewardship issues concerning the health, safety, or environmental aspects of THF or products using THF.  The Task Force recently completed a research program investigating the mode of action and human relevance of THF-induced mouse liver tumors.
  • Titanium Dioxide Stewardship Council:  A council composed of U.S.-based manufacturers of titanium dioxide. It was formed to promote the safe use of titanium dioxide through research, product stewardship, advocacy, and outreach efforts within the framework of responsible chemical management. The Council also promotes the safe and responsible development, use, and management of applied nanotechnology in the context of titanium dioxide processes and products.  The organization sponsors research to advance scientific understanding of health and environmental safety of products; communicates findings of research and regulatory issues to industry, academia, government, and media; and advocates for science-based public policy.

 

 
BERGESON & CAMPBELL, P.C.
2200 Pennsylvania Ave, N.W. Suite 100W | Washington, D.C. 20037 | (202) 557-3800 • (202) 557-3836 (fax) | www.lawbc.com
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