|
|
| |
|
|
|
| |
Institutional Governance
Governing Principles
The governing principles and common themes that impact a public
institution’s procurement policies and practices:
- Role of the private sector in government operations
- Impact of public policies and trade treaties
- Written rules that frame the procurement process
- Unwritten rules that regulate competitive bidding
- Risks and remedies that shape public procurement
- Practical considerations that enable empowered procurement
Institutional Strategies
Critical institutional strategies needed to build winning conditions in your
purchasing operations:
- Proactive leadership
- Enhanced external oversight
- Ethics and accountability
- Clear roles and responsibilities
- Common rules and practices
- Empowered innovation
Ethics and Accountability
An interactive review of scenarios drawn from real conflict of interest
cases, including case studies that cover:
- How bidder conflict of interest and unfair “insider” advantage can
compromise the integrity of the tendering process
- How purchaser bias can undermine a fair evaluation process
- How a decision maker’s impartial discretion can be compromised by
personal interests
- Why it is important to clearly define conflict of interest rules in your
procurement documents
Faculty
Shahid Minto, The Procurement Ombudsman
Margaret Rose, Executive Director, The Caribbean Procurement Institute
Paul Emanuelli, Managing Director, The Procurement Office
Eddy Jin, Director Procurement Services, University of Toronto
Diana Magnus, Manager, Marketing and CommunicationsProcurement Services, University of Toronto
|
|
| |
|
|
| |
Legal Rules and Regulations
The Supreme Court’s Dual Paradigms
A comparison of the “Contract A” tendering law paradigm and the
traditional contracting model explained with reference to:
- The history of the Ron Engineering case, with an analysis of the decisions at the trial court, Ontario Court of Appeal and Supreme
Court of Canada
- The legacy of Ron Engineering and the common law duty of fairness
- The Supreme Court of Canada’s modern analytical architecture and dual procurement paradigms, with specific focus on leading Supreme
Court decisions
The Five Major Implied Duties
An analysis of some of the leading cases from the last quarter century
that illustrate the following implied fairness duties:
- Disclosure duty
- Duty to reject non-compliant tenders
- Duty to run a fair process
- Duty to award to the winning bidder
- Duty to award the contract as tendered
Implied Duties vs. Reserved Rights
An exploration of the interplay between implied fairness duties and
expressly reserved rights, with reference to leading cases that help
define:
- How some implied rules, such as the “low bid rule”, can be overridden by specific tender call provisions
- How the courts rely on the doctrine of fairness to apply limits on the use of the “privilege clause”
Faculty
Paul Emanuelli, Managing Director, The Procurement Office
Maud Murray, Counsel, Crown Law Office Civil, Ontario Ministry of the Attorney General
|
|
| |
|
|
| |
Project Management
Project Management Overview
- Managing internal governance
- Building business plans
- Developing procurement strategies/selecting the procurement format
Surveying the Procurement Playbook
This segment will review the following internationally recognized
purchasing formats and assess them within the unique context of Canada’s
tendering law:
- Legally binding Invitations to Tender
- Binding and negotiated RFPs
- Prequalification processes
- Request for Quotation formats
- Market research methods - RFIs & IEIs
Major Plays from Major Projects
This segment will consider advanced scenarios from successful
leading-edge
multi-million dollar projects.
Faculty
Leo Gotlieb, Director, Western Management Consultants
Marilyn Brown, Solicitor, City of Toronto
Paul Emanuelli, Managing Director, The Procurement Office
|
|
| |
|
|
| |
Document Drafting and Reviews
Secrets of Aerodynamic Design: An Overview of Critical
Precision Drafting Concepts
The Three Pillars
The three underlying principles that drive the precision drafting process:
- Clear thinking; plain language; legal interpretation
The Seven Stages of the Precision Drafting Process
- The initial mapping statement; detailing requirements; making material
disclosures; establishing eligibility requirements; creating ranking and
selection criteria; developing the rate bid form; drafting the form of
agreement
Aligning Legal and Procurement Reviews
The critical benchmarks that should be assessed when conducting a
review of a procurement document.
Faculty
Paul Emanuelli, Managing Director, The Procurement Office
Michael Killeavy, Director, Contract Management, Ontario Power Authority
|
|
| |
|
| |
Remedies and Dispute Resolution
Surviving the Red Tape Revolution
In the modern era, government procurement is under an unprecedented
level of scrutiny. This segment provides critical recommendations for
managing disputes while considering a critical question: Is red tape
paralyzing public purchasing and undermining the procurement process?
Fairness Oversight
More and more public institutions are using arms-length advisors to
monitor their procurement projects. This segment offers five critical
considerations for the proper use of external fairness advisors.
Legal Risks and Remedies
A review of the legal risks, liabilities and remedies that can apply during
the procurement process, with a particular focus on cases dealing with:
- Purchaser remedies against bidders
- Dealing with problematic suppliers
- The role of external advisors
- The warning signs of bid rigging
- Speedy supplier remedies
- Supplier lost profit damages
- Alternative dispute resolution
Contract Management
An analysis of how contract management should inform your entire
procurement cycle, with fact scenarios drawn from case studies that
illustrate:
- How a supplier’s poor past performance can impact both the supplier’s
right to bid and the evaluation of its tender
- How the origins of many performance disputes can be traced back to
earlier stages in the procurement process
- How the contract management phase of the procurement cycle is fraught with inherent legal risks that need to be carefully managed
Faculty
Paul Emanuelli, Managing Director, The Procurement Office
Christianne M. Laizner, Executive Director and General Counsel/Head of
Legal Services, Department of Justice, CIDA Legal Services
|
| |
Note: There will be an in-class assessment during this session. In order
to receive the Osgoode Certificate in Public Procurement Law and
Practice, students must successfully complete the assessment.
|
| |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
|
|
