The Osgoode Advanced Certificate in Public Procurement Law and Practice

Transcription

1 A unique hands-on advanced programme on how to manage the key legal and practical issues facing Caribbean procurement professionals today The Osgoode Advanced Certificate in Public Procurement Law and Practice Commonwealth Caribbean Edition January 27 - January 31, Days Hyatt Regency, Trinidad and Tobago

2 Program Details Dates Day 1 Project Governance: Integrating Project Design into the Tendering Process January 27, 2014 Day 2 The Art of Selection: Building Defensible Evaluations January 28, 2014 Day 3 Contract Design: The Foundations of Contract Management January 29, 2014 Day 4 Deploying Advanced Tendering Formats January 30, 2014 Day 5 Technological Innovations in Advanced Tendering January 31, 2014 Why You Should Attend Failed projects are a major risk factor in public and private sector procurement. The Osgoode Advanced Certificate in Procurement Law and Practice, Commonwealth Caribbean Edition is an innovative course offering proven methods for navigating the project cycle. Designed to help procurement professionals across all sectors manage the time pressures and business and legal risks inherent in the tendering process, this advanced program surveys key principles relating to project governance and project deployment. With a focus on team organization, project design planning, defensible evaluations, coordinated document drafting and assembly, negotiated and automated tendering formats and integrated contract management, this certifi cate sets a new standard for advancing your tendering practices and increasing the success rate of their procurement projects. Led by Paul Emanuelli, and Margaret Rose an outstanding faculty of legal and procurement professionals will give you the knowled ge and practical skills you need to competently and confi dently handle today s most pressing procurement project challenges. You will come away from this program better prepared, and with knowledge, strategies and tactics that you can put to immediate use in your procurement projects. Key Benefits: What You Will Learn Roles and responsibilities of decision-makers in the procurement cycle The importance of integrating project planning and design principles into your organization s budget approval process How to properly organize your project team and assign clear roles and responsibilities Critical concepts for developing business plans and procurement strategies, with a particular focus on scoping clear requirements that properly align to pricing structures, creating defensible evaluation plans and award protocols, incorporating properly designed contracts terms, and selecting the right tendering format for the specific project The programme will be held at: Hyatt Regency Trinidad Wrightson Road Port of Spain, Trinidad and Tobago Practical group-based workshops that focus on applying the five-step fast-tracking design process to a broad range of projects and industries, including projects drawn from the procurement portfolios of course attendees. Who to include in initial planning and design meetings and what each member of the tendering team should contribute to the plan Where design flaws can cause project delays, cost overruns and bid disputes and how to fast-track projects with simplified RFQs or flexible Negotiated RFPs How to apply fast-tracking principles to launch your new projects or jumpstart your stalled projects Who Should Attend Procurement specialists and professionals Government procurement, legal and finance professionals Lawyers advising public purchasers Lawyers, advising vendors to public purchasers Procurement policy advisors Board members, CEOs and finance, legal and procurement managers of public bodies including municipal corporations, special purpose enterprises, hospitals, school boards and academic institutions

3 ADVANCED CERTIFICATE IN PUBLIC PROCUREMENT LAW & PRACTICE COMMONWEALTH CARIBBEAN EDITION In five consecutive intensive one-day modules, an expert faculty will deliver the key concepts of Advanced Public Procurement Law and Practice. There will be an emphasis on the practical, and classes will be taught using a blended delivery method that includes lectures, class discussions, case studies and small-group work. THE CURRICULUM DAY 1 January 27, 2014, 9:00 a.m. 5:00 p.m. Day 2 (Continued) Project Governance: Integrating Project Design into the Tendering Process Integrating Project Governance into Your Procurement Cycle Role of Line Ministers, Board Directors, CEO, Legal, Financial & Audit in the Procurement Cycle Integrating project design planning into your project budget approval process Clarifying your project approval and review process flow Establishing clear roles and responsibilities across the project team Managing external advisors and subject matter experts The Foundations of Project Design Identifying the leading causes of project failure and addressing those factors during the project design stage through the proper sequencing of project design decision-making Planning your projects to ensuring proper alignment Scoping Projects Requirements and Aligning Pricing Structures Designing a clear initial mapping statement that identifies your project requirements and properly aligns those requirements to clear pricing structures to provide a solid framework for developing your technical specifications Mitigating project delays and performance disputes Identifying material project risk factors Ensuring that your project scoping aligns with your budget constraints and developing effective strategies for dealing with over-budget bids scenarios Integrating Clear Non-Price Evaluation Criteria Avoiding undisclosed criteria, hidden scoring formulas or arbitrary scoring procedures Moving beyond abstract concepts of best value by clearly identifying the specific non-price criteria that will be used in scoring and ranking proposals Disclosing the relative weightings and sub-weightings of evaluation criteria Managing Mandatories Identifying and consolidating mandatory evaluation requirements in your procurement document Limiting mandatories to compulsory requirements only and integrating desirables into your scored rated criteria Establishing objective pass/fail criteria and avoiding subjective considerations or bidder self-assessments Creating Fair and Transparent Evaluation and Award Process Paths Disclosing the entire evaluation, selection and award process and avoiding hidden or vaguely defined discretionary stages Identifying situations where the solicitation may result in multiple or partial contract awards, and setting out the criteria and protocols that will inform those selections Ensuring that the scope of the awarded contract is consistent with the description of requirements in the original solicitation document Evaluation Design Workshop Scoping and Pricing Workshop DAY 3 January 29, 2014, 9:00 a.m. 5:00 p.m. DAY 2 The Art of Selection: Building Defensible Evaluations January 28, 2014, 9:00 a.m. 5:00 p.m. Aligning Pricing Structures for Transparent Price Evaluations Building transparent price evaluations Accurately disclosing anticipated work volumes for proper price calculations Deciding between low bid and high score selection plans and integrating clear dollars-to-points formulas when using price and non-price criteria to evaluate submissions Contract Design: The Foundations of Contract Management Contract Anatomy Promoting integrated contract management by incorporating contract performance terms that define your requirements, align to your performance standards and schedules, and connect to your payment structures and schedules Adapting specialized contract terms that are tailored to your specific transactional needs and your specific industry, with particular consideration given to: (i) acceptance testing procedures (ii) subcontracting and key individual commitments (iii) change management and change order protocols (iv) confidentiality, access and privacy provisions (v) insurance and indemnity clauses Register online today at

4 Day 3 (Continued) DAY 5 January 31, 2014, 9:00 a.m. 5:00 p.m. (vi) limitation of liability disclaimers and (vii) dispute resolution and termination protocols Contract Architecture Distinguishing between simple one-time delivery transactions and more complex arrangements that call for ongoing contract management mechanisms Knowing when to use simplified purchase order terms Deploying streamlined letter agreements that incorporate all of your critical contract terms Contract Assembly Workshop Contract Award Workshop DAY 4 January 30, 2014, 9:00 a.m. 5:00 p.m. Deploying Advanced Tendering Formats The Rise of Flexible Formats Understanding the specific construction industry conditions that led to the adoption of Contract A fix-bid process contract Invitation to Tender and No Negotiation RFP tendering formats Analyzing the risks and restrictions inherent in fixed-bid tendering formats Construction & Major Infrastructure Projects including Public Private Partnerships (P3s) Distinguishing P3s from traditional public sector procurement methods and analyzing the different options and rationales for structuring P3 procurement; Highlighting the construction industry s adoption of flexible formats for everything from simplified RFQs in standard designbid-build projects to Best-and-Final-Offer Negotiated RFPs in major P3 infrastructure projects Understanding the contractual and legal obligations relative to the various forms of P3s; Understanding the factors behind the expanding use of flexible tendering formats, including the widespread adoption of the Rank and Run Negotiated RFP format for a broad range of acquisitions across the public and private sectors. Specialised approaches for managing successful P3s Using RFQs for Simplified Low Risk Bidding Introducing Negotiated RFPs Advanced Negotiated RFP Workshop In this interactive workshop, attendees will consider challenging fact situations drawn from a broad range of industries. Technological Innovations in Advanced Tendering Using Live E-Auction Bidding in Your Major Negotiated RFPs Surveying the widespread adoption of live e-auction bidding (a.k.a. reverse auctions ) across the private sector and considering how those practices can be integrated into the advanced tendering practices of public sector organizations Maximizing value-for-money by integrating live e-auctions into your Negotiated RFPs. Establishing and Automating Your Framework Agreements An introduction on the use of framework agreements, including the recent development of internationally recognized standards for open and close frameworks Creating master contract structures and roster subcategories Using live e-auction bidding under your framework agreements Implementing transparent supplier monitoring procedures to better ensure sound contract management of suppliers through integrated contract management Establishing treaty-compliant refresh protocols Automating framework agreements Supplier Enablement & Relationship Management Strategic Supplier Communication - Learn the Bases of Communication to facilitate good supplier performance, pricing clarity, negotiating supplier remedies, utilizing price adjustment clauses & dispute avoidance. Enhancing the Value of Supplier Relationships - learn how to centralize information for better access to accurate and timely data providing insight into enterprise spend patterns, contract compliance and price opportunities, and the ability to effectively monitor supplier performance Adopting Full-Cycle Paperless Procurement Understanding recent industry developments that will lead to the rapid and widespread adoption of paperless bid submissions Using technological platforms to expedite project planning, design and drafting Deploying paperless bidding to enhance the defensibility of your bid submissions, rectifications, consensus scoring evaluations, bidder selections and contract awards Identifying the key factors for deciding between in-house builds and hosted solutions Note: There will be an in-class assessment during this session. In order to receive the Osgoode Certificate in Advanced Public Procurement Law and Practice, students must successfully complete the assessment and attend all 5 days of the program. Register online today at

5 Take your procurement knowledge and skills to the next level Programme Director Paul Emanuelli is an internationally known author, procurement lawyer and consultant with an extensive track record of public speaking, publishing and training. His portfolio focuses on major procurement projects, information technology transactions, outsourcing, corporate governance and supply chain management. He is the author of Government Procurement, The Laws of Precision Drafting: A Handbook for Tenders and RFPs and the National Tendering Law Update and hosts two procurement law webinars Case Law Countdown and the Procurement Offi ce Cyberseries. FACULTY PROGRAM DIRECTORS Paul Emanuelli General Counsel & Managing Director The Procurement Law Offi ce Margaret Rose Executive Director Caribbean Procurement Institute Programme Director Margaret Rose, (Trinidad and Tobago) LLB (Hons) UWI, L.E.C. LLM Corporate Commercial Law, is an attorney at law practicing at the bar since 1995 and qualifi ed to so practice throughout the Commonwealth Caribbean. Ms. Rose has extensive litigation and jury trial experience and specializes in white collar crime, anti-corruption and public procurement law. She has been involved in several major corruption enquiries and investigations in Trinidad and Tobago and currently advises state and private sector companies on procurement governance, compliance and public sector contracting issues. As Co-Founder & Executive Director of the Caribbean Procurement Institute, Ms. Rose spearheads several specialised institutional and professional procurement capacity building interventions, regional conferences, seminars and training programmes in the Caribbean. Ms. Rose also teaches on Osgoode s Public Procurement Law and Practice program that runs annually in Toronto, and is the joint Programme Director for the Commonwealth Caribbean edition of the Advanced Certifi cate in Public Procurement Law and Practice program. CARIBBEAN PROCUREMENT INSTITUTE (CPI) was incorporated in December 2006 with head offi ces in Port of Spain, Trinidad and Tobago providing specialized training and consultancy services in the fi eld of procurement. CPI s mission is to educate leaders and specialists to achieve excellent standards in procurement and to maximize value for the benefi t of their organizations and the public good. CPI s focus is in developing the innovative integrated model for procurement education which recognises the cross-disciplinary nature of the function of procurement. Over the last few years, based on its cross-disciplinary philosophy, CPI has established a faculty of some of the most innovative thinkers and leading international and regional experts and academics in procurement, law, economics, fi nance, and risk and has designed and delivered world-class, culturally relevant professional development training programmes throughout the Caribbean. Osgoode Hall Law School s Osgoode Professional Development offers both credit and noncredit programming to meet the life-long learning needs of lawyers and other professionals who need legal information. Osgoode Hall Law School is one of the world s pre-eminent law schools. Osgoode Professional Development embodies the law school s commitment to meeting the educational needs of the broader community and has offered many continuing legal education programs for public procurement, health care, law enforcement and other professionals. Register online today at

6 THE OSGOODE ADVANCED CERTIFICATE IN PUBLIC PROCUREMENT LAW AND PRACTICE COMMONWEALTH CARIBBEAN EDITION JANUARY 2014 REGISTRATION I want to register as a Member of the Caribbean Association of Procurement Professionals (CAPP) Take your procurement skills to the next level in this new, advanced program Name: Firm/Company: Title: Practice Area: Address: City: Country: Telephone: Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by , indicate here. Fax: Fee Per Delegate $3,995 USD plus 15% VAT for a total of $4, Early Bird Rate $3,795 USD plus 15% VAT for a total of $4, for all fully paid registrations on or before January 6, Fees include attendance, programme materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts, credit arrangements for public sector organisations and payment plans for professionals and students. Dress is business casual. Need accommodations? Check our website at Payment Options Payment must be made prior to the program Cheque enclosed (payable to Caribbean Procurement Institute) Wire Transfer Payment (Contact us at info@caribbeanprocurementinstitute.com) Bill my credit card: VISA Mastercard Card# Expiry: Signature: Payment Amount: Program Changes We will make every effort to present the certifi cate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, the Caribbean Procurement Institute s liability is limited to reimbursement of paid fees. Location Hyatt Regency Trinidad 1 Wrightson Road Port of Spain, Trinidad and Tobago For Further Program Related Information Please contact: Donnamarie Butts-Rowley at 1 (868) or info@caribbeanprocurementinstitute.com Cancellations/Rainchecks/Substitutions If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after January 6, 2014 will include an administration charge of $700 USD. No refunds will be issued after the program commences. Non-attendance or withrawal after the program start date will incur a full program fee. Payment must be received by January 20, Certificate of Program Completion You will receive a certificate upon completion of The Osgoode Advanced Certificate in Public Procurement Law and Practice. Participants must attend all program modules and satisfactorily pass the in-class assessment to receive a certificate. 4 Convenient Ways to Register 1. MAIL your registration form to: Caribbean Procurement Institute 120 Abercromby Street Port of Spain, Trinidad 2. ONLINE at 3. FAX your registration to 1 (868) CALL US at 1 (868) CLE