bidding, contracting and procurement in the public sector

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BIDDING, CONTRACTING
AND PROCUREMENT IN
THE PUBLIC SECTOR
June 14 – 15, 2012 | Four Seasons Hotel | Vancouver
Elizabeth Mayer
Davis LLP
PROGRAM CHAIR
With a faculty of experts assembled from both private sector and
public sector organizations, you will receive practical updates,
strategic insights and proven approaches for dealing with
challenges in this practice area.
Among the topics to be covered are:
• Selecting the Right Bidding Model, Framework and Process
• Latest Court Decisions and Legal Developments Post Tercon
• Making the Most of Cross Border Bids and Ensuring Compliance
with Trade Agreements
• To Contract A, or Not to Contract A – What Are the Key
Implications and Considerations?
• Bid Evaluation Strategies
• Latest Approaches to Procurement Risk Allocation
• Incorporating Due Diligence and Controls in the Tender Request
• Legal Developments in E-Procurement
KEYNOTE ADDRESSES
Curbing Corruption in Public Sector
Procurement in the Domestic and
International Arenas
Milos Barutciski
Bennett Jones LLP
Lloyd Schoepp
Royal Canadian Mounted Police
Harnessing Creativity,
Innovation and Value through
the Procurement Process
Robert Musgrave
Trade Policy
Government of British Columbia
• Fraud Prevention and Internal Controls in Public Procurement
• Investigating and Litigating Procurement Wrongdoing
and Bid-rigging
Media Partner
• Procurement Risk Management Strategies
Enroll Today! Call 1 888 777-1707 or fax 1 866 777-1292
Register online at www.insightinfo.com/procurementbc

Dear colleague,
This Insight Information conference is designed to help you succeed in the competitive and lucrative field of public procurement,
bidding and contracting. At the federal level alone, over $14 billion are expended annually on the purchase of goods and services.
The opportunities are there, but so are the risks. With so many legal and financial traps and pitfalls to be avoided, you must ensure
that at every step in the bidding and tendering process you have built in suitable safeguards to ensure fairness, efficiency and value.
The need for well trained and competent staff in this sector is growing on both the public and private side of these often large scale
transactions. This program is designed to help address the need for quality legal training and professional development in this field.
Whether the deal is local, national or international in nature, there will be significant and diverse challenges to address. Ensure that you
benefit from these practical updates on the latest legal, regulatory and business developments and are not left behind. Manage your
exposure with the most up-to-date knowledge on risk management, risk minimization and the reduction of exposure to illegal activities
in this field of practice.
With a faculty of experts assembled from both private sector and public sector organizations, you will receive expert, strategic and
practical insights on the key steps in the process and proven approaches for dealing with the attendant challenges. Among the
topics to be addressed in this conference are:
• Selecting bid criteria for best outcomes
• Understanding bid evaluation models and frameworks
• Pros, cons and implications of avoiding Contract A
• Sole source procurement and documented due diligence
• Bid analysis for red flags
• Governance models in procurement
• Procurement fraud indicators and fraud scenarios including
bid-rigging
• Professional services contracts models
• Pro-active policies and procedures for investigations including
measures that will aid the litigation process
Benefit from the hard won lessons of leading procurement and legal experts on both the buy and sell side of public sector procurements
and projects.
We look forward to seeing you there!
Elizabeth Mayer
Associate Lawyer
Davis LLP
What your colleagues are saying about Insight’s conferences:
“ Great refresher.”
“ It was perhaps the best program of its type that
I’ve ever attended.”
Josh Lommer, MacPherson Leslie & Tyerman LLP
“ Good overall materials on contract drafting issues.”
Andrew Donovan, SaskPower
Richard Jankowski
Avison Young Commercial Real Estate/Granite Developments
CLE Accreditation:
This conference has been approved by the Law Society of British Columbia for 12 hours, of which 2.75 hours for ethics.
This conference has been approved by the Law Society of Saskatchewan for 12 hours, of which 3 hours for ethics.
For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional
Development Plan as required by the Law Society of Alberta.
Sponsorship Opportunities
Gain additional presence and prestige in front of senior level decision makers through Insight Information’s sponsorship opportunities.
All of our exclusive sponsorship packages include a comprehensive suite of preferential benefits.
For further details, please contact Gene Beil at 416.642.6129 or gbeil@alm.com
Who Should Attend
• Procurement, purchasing, supply and contract specialists
from: federal/provincial/municipal governments and from
crown corporations, universities, colleges, hospitals, public
sector regions and depts., police and fire departments,
and school boards, etc.
• Procurement specialists from the defence sector
• Lawyers from law firms, public sector organizations
and in-house counsel
• Procurement, infrastructure and P3 experts
and consultants
• Risk managers in the public sector
• Finance/forensics experts for public sector transactions
• Insurance representatives

8:15
Registration and Continental Breakfast
9:00
Welcoming Remarks from Insight Information
9:05
Chair’s Opening Remarks
Elizabeth Mayer
Associate Lawyer
Davis LLP
June 14, 2012
9:15
Bidding and Tendering Models for the Public Sector
Alexandra Henley
Legal Counsel
Ministry of Justice
Government of British Columbia
Elizabeth Mayer
Associate Lawyer
Davis LLP
• Selecting the right bidding framework and process
- What are the options and their key characteristics?
- Main considerations in choosing the right model
- What are the risks and how to avoid them in making your
choice of bidding model?
• Balancing flexibility, fairness and affordability
• Selecting bid criteria for best outcomes
• Bid value and the impact of numbers of bidders
• Reducing barriers to entry for best outcomes
• Tenders and binding and non-binding RFPs
10:15
Networking Coffee Break
10:30
Latest Court Decisions and Legal Developments
Post Tercon
Karen Martin
Partner
Fraser Milner Casgrain LLP
• The Tercon decision and the enforceability of
“no claims” clauses
• How have the courts applied Tercon?
• Impact on drafting of tendering documents
• Integrity and liability – where are we now?
• “Fair” and “unfair” defined
• Legal challenges – both sides now
• Implications for business organizations
• Implications for the public sector
11:15
Making the Most of Cross Border Bids and Ensuring
Compliance with Trade Agreements
Robert Musgrave
Director
Trade Policy, Government of British Columbia
Jeffrey Thomas
Partner and National Leader, International Trade Law Practice
Group and Japan Practice Group
Borden Ladner Gervais LLP
• Comprehensive and Economic Trade Agreement (CETA)
- Impact on bidding and tendering process?
- Risk areas
- Complaints process
• New West Partnership Trade Agreement (NWPTA) latest
developments and expanded opportunities
- Common procurement policy
- Preferential purchasing
- Exceptions and exclusions
- Opportunities
• Key areas of overlap and how to manage them
- NAFTA
- AIT
- CUSPA
- NWPTA
- CETA
12:15
Networking Luncheon
1:30 Keynote Address
Curbing Corruption in Public Sector Procurement in
the Domestic and International Arenas
Milos Barutciski
Partner and Co-Chair International Trade and Investment Practice
Bennett Jones LLP
Lloyd Schoepp
Senior Investigator
International Anti-Corruption Unit
Royal Canadian Mounted Police
2:30
To Contract A, or Not to Contract A
Maureen Sullivan
President
NECI
• RFP versus tender – and the grey zone
• Case law review and the key legal indicators
• Pros, cons and implications of avoiding Contract A
• Drafting tips and strategies

3:00
Networking Refreshment Break
3:15
Bid Evaluation Strategies
Mark P. Kortbeek
Partner
Bennett Jones LLP
Elizabeth Lowe
Manager, Procurement Advisory Services
Procurement Services Branch
Ministry of Labour, Citizens’ Services and Open Government
British Columbia
• Evaluation models and frameworks
• Objectives of clarity, fairness, comparability and objectivity
• Market data collection and analysis
• Quantification and measurement – key indicators
• Documentation and drafting
• Case study analysis
• Use if IT/IM to support the evaluation process
4:15
Latest Legal Developments in E-Procurement
George S. Takach
Partner
McCarthy Tétrault LLP
• Essential legal updates
• Domestic and cross border e-procurement challenges
and strategies
• Managing e-procurement risk
• IT developments and the procurement function
5:00
Conference Adjourns For the Day
8:30
Continental Breakfast
9:00
Chair’s Opening Remarks
Elizabeth Mayer
Associate Lawyer
Davis LLP
June 15, 2012
9:05
Risk Analysis and Allocation in Bidding and Tendering
Kathleen Muretti (tentative)
President
Canadian Public Procurement Council
Manager, Procurement
Airdrie, Alberta
Doug R. Sanders, P.Eng
Partner
Borden Ladner Gervais LLP
• Risk allocation models
• Key principles to guide risk allocation selection
• Determining the optimal risk distribution
– fundamental considerations
• Drafting tender requests with risk allocation in mind
• Case studies and lessons learned
10:00
Networking Coffee Break
10:15
Risk Management in Public Procurement
and Contracting
Joan C. Chambers
Partner
Blake, Cassels & Graydon LLP
James Kinakin
Provincial Director
Business Planning and Risk Management
Health Shared Services BC
• Procurement trends to address risk
• Competitive dialogue – avoiding risk
• Sole source procurement and documented due diligence
• Multi-track selection and negotiations
11:15
Fraud Prevention and Internal Controls in
Public Procurement
Daniel L. Kiselbach
Partner
Miller Thomson LLP
Suzanne A. Schulz
Partner, Advisory Services – Forensic, KPMG LLP
Senior Vice President, KPMG Forensic Inc.
Taking a pro-active and preventive approach to
potential wrong-doing in the high stakes world of public
procurement is essential to limiting costs, and avoiding
waste, lost opportunities and diminished credibility.
• Common types of fraud and fraudulent practices in
public procurement

• Risk reduction through allocation of staff and
responsibilities
- Segregate duties
- Checks and balances
• Setting up due diligence and internal controls to identify
and review for red flags
- Vendor and purchaser side due diligence considerations
• Incorporating due diligence and controls in the
tender request
• Bid analysis for red flags
12:15
Networking Luncheon
1:30 Special Address
Harnessing Creativity, Innovation and Value through
the Procurement Process
Helen Braiter
Director, Strategic Initiatives and Innovation/Directrice,
Initiatives stratégiques et innovation
Office of Small and Medium Enterprises/Bureau des petites et
moyennes entreprises
Public Works and Government Services Canada
Travaux publics et services gouvernementaux Canada
Robert Musgrave
Director
Trade Policy, Government of British Columbia
In procurements initiatives, public sector organizations
are acutely aware of the need to recoup the most
value possible for the public’s investment. Among the
objectives will be not just the securing of the needed
service or product, but the exciting possibility of using the
procurement process for other desirable objectives such
as job creation, environmental sustainability, and nurturing
innovation. This session will explore the fine-tuning of
procurement initiatives for such goals.
2:30
Networking Refreshment Break
2:45
Latest Trends, Tools and Developments in
Public Procurement Practices
Moderator:
Maureen Sullivan
President
NECI
Elizabeth Lowe
Manager, Procurement Advisory Services
Procurement Services Branch
Ministry of Labour, Citizens’ Services and Open Government
British Columbia
Kathleen Muretti (tentative)
President
Canadian Public Procurement Council
Manager, Procurement
Airdrie, Alberta
Jim Nicholson (Invited)
Finance and Supply
City of Calgary
• Modernizing the procurement function – what this entails
- Sustainability
- Green purchasing
• Fairness and accountability measures
- Fairness monitors
- Fair and open alternatives to competitive processes
• Governance models
• Insurance and risk allocation
• Professional service contracts – quality based
vs competitive models
• Capital projects and construction
- Delivery methodology and contract frameworks
• IT tools and supports for bid review and analytics
• Contract management software
3:45
Investigating and Litigating Procurement
Wrongdoing and Bid-rigging
Milos Barutciski
Partner and Co-Chair International Trade and Investment Practice
Bennett Jones LLP
Roy Millen
Partner
Blake, Cassels & Graydon LLP
Tracy Sangster
Senior Manager
Deloitte & Touche LLP (Calgary)
• Procurement fraud indicators and fraud scenarios
including bid-rigging
• Investigations management including:
- Timing – early signs
- Conducting investigation - process and strategies
- Reporting including legal action
• Pro-active policies and procedures for investigations including
proactive measures that will aid the litigation process
• Legal remedies
- Administrative remedies
- Injunctions
- Anton Piller orders
- Norwich Pharmacal orders
- Civil suits
- Causes of action
- Proving non-compliance and fraud
- Quantifying damages
- Loss recovery
4:30
Chair’s Closing Remarks and Conference Concludes

Register Early and Save!
BIDDING, CONTRACTING
AND PROCUREMENT IN
THE PUBLIC SECTOR
June 14 – 15, 2012 | Four Seasons Hotel | Vancouver
Five easy ways to register
Call 1 888 777-1707
Fax 1 866 777-1292
Email: order@alm.com
Internet: www.insightinfo.com/procurementbc
Mail: Insight Information, 214 King Street West,
Suite 300, Toronto, Ontario M5H 3S6
Conference Code: GVC12799 Priority Code: 12799PDF
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at no charge. For other group discounts, please call
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