6th Public Procurement Law

Explore leading-edge best practices related to public procurement
Date: September 9 & 10, 2015
Location: Toronto
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Highlights

Learn about the latest development in procurement law

Discover how to ensure compliance and minimize the legal risks

Hear how to handle negotiations and disputes in the public procurement process

Examine how to manage the risk in public procurement projects

Gain a better understanding of the proper structure of a bid evaluation

Get up to speed on the latest e-procurement tools, their strengths and drawbacks

Look at fraud issues in procurement, and techniques to detect and avoid actions such as bid-rigging

Faculty

FACULTY
COURSE LEADERS
Donald B. Johnston, Aird & Berlis LLP
Donald B. Johnston is Partner at Aird & Berlis LLP. He leads the Technology Law Group and is a member of its Corporate Commercial Law Practice Group with nearly 20-years experience in technology procurement, licensing and related transactions.
Elaine R. Holt, City of Toronto
Elaine R. Holt is Senior Solicitor at the City of Toronto, Legal Services. She has been practicing in the area of Municipal Law in-house for over 20 years. For the last 10 years she has practiced exclusively in the field of IT and IT procurement for the City of Toronto.
CO-LECTURERS
Nana Amponsah, The Corporation of the City of Mississauga
Nana Amponsah is Legal Counsel, Municipal Law at the City of Mississauga. Her practice includes procurement law and providing advice on all types of commercial agreements.
Anthony F. Baldanza, Fasken Martineau DuMoulin LLP
Anthony F. Baldanza is Partner, Chair, Antitrust/Competition & Marketing Law Group at Fasken Martineau DuMoulin LLP. He practises business law, with a focus on competition law, foreign investment law and negotiated transactions.
Paul D. Conlin, Conlin Bedard LLP
Paul D. Conlin is a Partner at Conlin Bedard LLP. He focuses on international trade, investment issues and government contracting.
David R. Elliott, Dentons Canada LLP
David R. Elliot is a Partner at Dentons Canada LLP. He is also the principal contact of the National ADR Group for the Ottawa office. He provides advice in public procurement and represents clients involved in procurement disputes.
Marc P. Kemerer, Devry Smith Frank LLP
Marc Kemerer is a Partner at Devry Smith Frank LLP. He provides advice to public and private sector clients on all areas of procurement law, including drafting and bidding on contracts.
Zella K. Phillips, Regional Municipality of York
Zella Phillips is Associate Solicitor at the Regional Municipality of York. Her areas of practice include procurement law.
David Schrider, City of Toronto
L. David Schrider is a Senior Solicitor with the City of Toronto. He has been practicing in the area of IT law in the public sector for the past 15 years.
Brenda C. Swick, McCarthy Tétrault LLP
Brenda C. Swick is a Partner at McCarthy Tétrault LLP and Co-Chair of the Firm’s Procurement Group. Her practice focuses on government contracting law, international trade, anti-corruption, defence trade controls and government relations.
Carey Thomson, City of Ottawa
Carey Thomson is the Deputy City Solicitor, Corporate, Development and Environmental Law Branch, at the City of Ottawa. His practice focuses on all types of commercial agreements, purchasing policies, issues & disputes and public-private partnerships.

Program

COURSE PROGRAM
Legal Impact of E-Procurement Tools
The public sector is increasingly turning to the use of e-procurement to improve speed and efficiency. While having definite advantages in sourcing, estimating and procuring, it is not without its potential risks. This session will explore leading-edge issues and best practices related to e-procurement for public procurement.

Benefits and drawbacks of e-procurement practices

Key legal considerations for e-procurement contracting

Addressing security and privacy risks in e-procurement

Assessing policies for electronic vs. paper tender submissions

Managing Disputes in the Public Procurement Process
This session will examine the key issues to address during the initial stages of the procurement process in order to avoid disputes and litigation down the road, as well as dispute resolution mechanisms and what can be done to ensure litigation preparedness.

How to minimize the potential for disputes and avoid litigation

Key issues that often lead to claims: common claims

Proper administration and management of documents and potential evidence

Litigation options and available forums

Procurement Document Drafting
Contracts and legal agreements are at the heart of public procurement arrangements. As such, proper drafting practices are key to avoiding challenges and disputes down the road. This session will look at best practices in drafting enforceable public procurement contracts and documents, focusing on key contractual issues.

Legal characteristics of procurement documents

Key considerations when drafting RFPs, RFQs and other call documents

Pros and cons of using standardized documents

Exit arrangements and conditions for termination

Forms of agreement: selecting the right contract for your project

Comparing Use of Various Procurement Documents
When initiating a public procurement process, the choice of form of procurement plays a key role in the success of the ensuing process. This session will examine the implications of the decision as to the form of the procurement for both the purchasers and vendors.

Strategic & legal considerations for choosing the form of procurement: tender call, RFP, RFQ

Determining whether to use an Invitation to Tender, RFP, RFQ, multi-stage tender or other format choice

Transparency in disclosing the tender call format chosen

Drafting issues

Sourcing strategies: open tendering, sole sourcing, limited/selective tendering

Best Practices for Risk Management and Allocation
One of the biggest challenges in the public procurement process is how to effectively identify all sources of risk and allocate them between the parties involved. This discussion will examine the risk analysis and transfer process, including a discussion on how to effectively work with vendors to ensure a balance between risk transfer and cost.

Understanding your project's risk profile

Identifying all significant risks at each stage of the process

Risk allocation best practices: effective processes for transferring risk between the parties

Contractual arrangements for risk allocation and mitigation

How to ensure risk is managed effectively and efficiently

Business Challenges to Meeting Public Procurement Requirements
A key issue in public procurement law compliance is squaring how organizations that do business with the public sector perceive the procurement guidelines and regulations that must be adhered to in their dealings in this area. This discussion will highlight these issues:

Common perceived impediments to doing business with the public sector

Understanding the procurement regulations in force at the various levels of government

Identify ways of mitigating risk and reinforcing success in the public procurement process

Legal Issues In Military Procurement
The federal government requires defence-related goods & services to be acquired through a competitive process. This discussion will examine the defence procurement environment and the legislative and regulatory framework that governs the process.

Overview of the defence procurement process

Procurement mechanisms and tools

Security compliance

New developments

Ensuring Openness, Fairness and Transparency in the Process
It is in a government's best interest to ensure fairness and transparency in the public procurement process and to strive for the highest standards of ethical conduct. This session will examine the requirements of ensuring fairness and transparency in the process.

Key points in the code of conduct for procurement

Meeting your public sector obligations of fairness and transparency

Critical documentation that must be retained at each step of the process

Avoiding bidder conflict of interest and unfair insider advantage

Impact of Trade Agreements & CITT Decisions
This session will examine key trade agreement provisions concerning public procurement and offer practical advice for ensuring compliance. It will also explore the workings of the Canadian International Trade Tribunal and the impact of recent decisions.

Key trade agreement public procurement provisions

Ensuring compliance with inter-provincial agreements

The process for handling complaints at the CITT

Recent decisions of the CITT impacting the public procurement process

Canada-U.S. Agreement on Government Procurement

The Agreement on Internal Trade (AIT)

Multimedia Presentations

MULTIMEDIA PRESENTATION
Best practices for risk management and allocation
Wendy Law
The Corporation of the City of Mississauga
Judicial review of government decisions
Paul M. Lalonde
Dentons Canada LLP
Legal issues in military procurement
Elisabeth S. Preston
McMillan LLP
Ensuring fairness and transparency in the process
Louise Panneton
P1 Consulting Inc.
Procurement document drafting
Marianne Smith
Blake, Cassels & Graydon LLP
Legal developments impacting public procurement
Carolyn Calwell
Ministry of Community and Social Services Ministry of The Attorney General
Bid rigging
Peter N. Mantas
Fasken Martineau DuMoulin LLP
Managing disputes in the public procurement process
Gordon Cameron
Blake Cassels & Graydon LLP
Tendering documentation best practices
Duncan C. Card
Bennett Jones LLP
Rules of law: Managing legal risks in the bidding & tendering process
Roger Gillott
Osler, Hoskin & Harcourt LLP
Managing risk in the bidding and tendering process
Linda M. Lister
Ernst & Young LLP
Investigating & remedying cases of bid rigging
Kevin McGuinness
Ministry of Attorney General
Practical approach to bidding & tendering
Martin G. Masse
McMillan LLP
E-Tendering by our municipality in conjunction with the Ontario good roads
Alan Korell
City of North Bay
Fraud prevention & internal controls
Rob Shull
Matson Driscoll & Damico Ltd.
Effective bidding models
Hartley Borst
eHealth Ontario
View from the Competition Bureau
Pierre-Yves Guay
Competition Bureau of Canada
Bidding process assessment – When’s a tender not a tender?
David B. Debenham
McMillan LLP
Best practices for overcoming current challenges in bidding & tendering
Clive Thurston
Ontario General Contractors Association
Legal limits & restraints on bid-rigging
Huy A. Do
Fasken Martineau DuMoulin LLP
Preparing bidding documents: Reducing the potential for disputes in procurement contracts
Richard Wong
Osler, Hoskin & Harcourt LLP
Developing flexibility in procurement documents
Danielle Sanagan
PPI Consulting Limited
Effective management of bidding and tendering to achieve value for money for the public sector
Audrey Warner
McLauchlin & Associates
Creating value for money in the tendering process at the ministry of government services
Brian Steves
The Ministry of Government Services
CRA approach to bidding and tender
Roger Houde
Canada Revenue Agency

Participants

Aird & Berlis LLP

City of Mississauga

City of Ottawa

City of Toronto

Conlin Bedard LLP

Dentons Canada LLP

Devry Smith Frank LLP

Fasken Martineau DuMoulin LLP

McCarthy Tétrault LLP

Regional Municipality of York

The Corporation of the City of Mississauga


Who should attend

Senior Procurement Professionals in the Public Sector: Federal, Provincial & Municipal Government; Crown Corporations; Healthcare and Academic Institutions; In-house Counsel; Lawyers and Vendor Sales Executives

Price

Price list:-
  • Course: $1975
  • Webcast only : $1575
  • Webcast and Proceedings : $1874
  • Course and Proceedings : $2274
  • Proceedings Only: $799
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Additional Information

REGISTRATION:
To reserve your place, call Federated Press toll-free at 1-800-363-0722. In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the registration form. Places are limited. Your reservation will be confirmed before the event.
LOCATION:
Courtyard by Marriott Downtown Toronto, 475 Yonge Street, Toronto, ON, M4Y 1X7, (800) 847-5075
CONDITIONS:
Registration covers attendance for one person, the supplementary course material as described in this document, lunch, morning coffee and refreshments during breaks are provided for registered duration. The proceedings of the event will be captured on audio or video. Multimedia proceedings with all slides and handouts can be purchased separately on a CD-ROM which will also include the event material.
This event is being webcast. A camera will capture the person making the presentation. A camera may also capture the registration desk. The public webcast only includes the presentation. By registering, you agree to waive any recourse against Federated Press as a consequence of the webcast of your presence at the event. Please enquire with onsite hosts if you wish to ensure that your seat is outside the scope of the webcast.
Workshops are not covered in webcast.
TIME:
Registration begins at 8:00 a.m. The morning sessions start promptly at 9:00.
CANCELLATION:
Please note that non-attendance at the event does not entitle the registrant to a refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. Please notify Federated Press of any changes as soon as possible. Federated Press assumes no liability for changes in program content or speakers. A full refund of the attendance fee will be provided upon cancellation in writing received 13 days prior to event date. No refunds will be issued after this date. Please note that a 15% service charge will be held in case of a cancellation.
DISCOUNT:
Federated Press has special team discounts. Groups of 3 or more from the same organization receive 15%. For larger groups please call Sandra Frattolillo at 1-800-363-0722, ext. 223 to get more information.
PAYMENT:
Payment must be received seven days prior to the event date.