bidding, contracting and procurement in the public sector

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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
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