The Canadian Institute's 8th Annual Advanced Guide to

Public Procurement

Cost Effective Solutions for Reducing Barriers to Procurement in Foreign and Domestic Trade

Tuesday, February 21 to Wednesday, February 22, 2012
Four Seasons Hotel, Vancouver, British Columbia

Day 1: Tuesday, Feb 21, 2012

8:00
Registration Opens and Refreshments Served
9:00
Opening Remarks from the Co-Chairs
  • Paul Emanuelli
    General Counsel and Managing Director
    The Procurement Office
  • Dragan Sipka
    Buyer, Metro Vancouver
    Canadian Public Procurement Council
9:15
Preparing for the Comprehensive and Economic Trade Agreement (CETA): How to Manage More Global and Asia-Pacific Opportunities and More Competition for Government Suppliers
  • Jeffrey Thomas
    Partner
    Borden Ladner Gervais LLP
  • What are the anticipated effects of CETA on the federal, provincial and municipal levels of Canadian government?
  • How will CETA impact the bid complaint process at the provincial level?
  • Strategies for the MASH sector to overcome the anticipated significant administrative costs and litigation risks arising from:
    • expanding the scope of procurement practices
    • reporting upon, accounting for and defending procurement choices
    • compensating unsuccessful bidders where CETA procedures are not strictly observed
  • Weighing the practical benefits of moving away from buy local policies
  • Critical new developments under other key trade agreements, including NAFTA, AIT, WTO and their implications to the public procurement process
  • Addressing factors known to create ethical challenges in using foreign suppliers
  • Managing special considerations in the Asia-Pacific gateway
10:15
Major Infrastructure Renewal/Rehabilitation Projects: Executing Procurement Obligations for Domestic Procurement Initiatives Without Sacrificing Budget
  • John S. Haythorne
    Partner
    Fraser Milner Casgrain LLP
The Top 100 largest projects in the country this year represent over $96 billion in infrastructure investments in Canada. Every infrastructure project must be designed, financed, constructed, operated and maintained, but there are many different ways for the government to procure and deliver an infrastructure project. The first part of this session is designed to provide a critical overview of procurement challenges from both the government and industry perspective in major infrastructure projects in energy, nuclear power and health-care, and strategies on successfully carrying out procurement tasks in major projects on the horizon. Learn how to leverage the resources available for Major Crown Projects.


Sustainable Infrastructure Projects
Case Study: Advancing Successful and Budget-Conscious Projects in Post-Olympic Vancouver

  • Kelly Oehlschlager
    Assistant Director‚ Construction‚ Procurement and Technology
    Legal Services‚ City of Vancouver
Managing procurement challenges in infrastructure projects typically involves being dependent on government funding while trying to meet public demand within very tight deadlines. Learn how the City of Vancouver expertly responds to challenges in sustainable post-Olympics initiatives, and gain practical strategies to apply directly to your projects
11:15
Networking Refreshment Break

Sustainable Infrastructure Projects
Case Study: Advancing Successful and Budget-Conscious Projects in Post-Olympic Vancouver

  • Kelly Oehlschlager
    Assistant Director‚ Construction‚ Procurement and Technology
    Legal Services‚ City of Vancouver
Managing procurement challenges in infrastructure projects typically involves being dependent on government funding while trying to meet public demand within very tight deadlines. Learn how the City of Vancouver expertly responds to challenges in sustainable post-Olympics initiatives, and gain practical strategies to apply directly to your projects
11:30
Carbon-omics: A Practical Application of GHG Emissions – Determining Best Value in Bid Award Decisions
  • Ken Babich
    Director
    Purchasing Services‚ University of Victoria

Climate Change and GHG (Carbon) emissions and regulations are increasingly taking a more central place on government agendas. Learn award decision making best practices from the University of Victoria to introduce, develop and effectively use carbon-omics in your value analysis and bid award decisions.

  • Guidelines to choose and implement the methodology or protocol to monitor your GHG emissions-reducing activity best suited to your organization
  • What are the key performance indicators to perform effective value analysis?
  • Incorporating the cost factor associated with GHG emissions in transportation and energy consumption
12:15
Networking Luncheon for Delegates and Speakers
1:30
Strategies for Effective Procurement Practices Without Sacrificing Buy Local Policies
  • Robert Musgrave, [Tentative]
    Director
    Trade Policy‚ Government of British Columbia

Managing Procurement Challenges in Canada-U.S. Trade

  • Managing anticipated challenges by the proposed renewal of Buy American provisions
    • What operational changes are necessary now to transition into the new regime?
    • How will Canadian suppliers be affected by changes in access to sub-federal procurement?
    • Navigating anticipated tactics of U.S. suppliers: What can be done at the provincial level to guard against the effects of the anticipated changes?

Clearing Domestic Trade Hurdles

  • Inter-provincial agreements: Eastern Update
    • Grappling with developments in energy, e-Health and green procurement in Ontario
    • Understanding how the overhaul of the New Brunswick Public Purchasing Act and the anticipated new Nova Scotia procurement legislation will affect procurement in those provinces
    • How can the provinces collaborate to secure larger federal government infrastructure money
    • What lessons can be learned from the BC and Nova Scotia bids for the lucrative federal shipbuilding contract?

2:30
Bolstering Risk Management Practices to Prepare for the New Proposed Enforcement Mechanisms under New West Partnership Trade Agreement
  • Helmut Johannsen
    Partner
    Fasken Martineau DuMoulin LLP

The new business registry system currently in place between British Columbia and Alberta will be extended to Saskatchewan by July 1, 2012. This session will equip you with the tools necessary to optimize the lowered procurement thresholds, to meet your obligations in a multi-Agreement environment; and to understand the new protest mechanism, which is unprecedented for NWPTA and has been long anticipated. Learn from both the perspective of government on how to guard against breaches, and from vendors on how to address concerns or raise objections about specific procurements.

  • How to respond to objections raised against your procurement practice under NWPTA
    • What is the status of the protest mechanism and when can vendors expect its implementation?
  • Overview of the underlying principles, including:
    • Who and what is covered by the NWPTA procurement provisions?
    • What are the procurement thresholds?
    • What should be considered when calculating procurement value?
    • Identifying and adopting the exceptions to and exclusions from the NWPTA
  • Practical implementation strategies to ensure regulatory compliance
  • Securing the best vendors and suppliers: How does the NWPTA affect preferential purchasing policies?
  • Managing the overlapping requirements between the NWPTA, NAFTA, IAT, WTO and inter-provincial trade agreements
  • Facilitating communication between departments to reduce wasted time and effort
3:15
Networking Refreshment Break
3:30
Preserving the Integrity of RFPs to Mitigate Risk of Exposure to Contract A Analysis
  • Judy L. Wilson
    Partner
    Blake‚ Cassels & Graydon LLP
  • Close Up: In depth examination of the essential similarities and contrasts in an RFP versus a Tender
    • What are the mandatory requirements in every RFP?
    • At what critical stage do RFPs cross into Tender territory and strategies to avoid confusion?
    • What are the implications of poor drafting and triggering the tendering rules?
  • What are the practical implications of the Supreme Court’s analysis of Contract A “hallmarks” as opposed to labels?
    • Moving beyond Tercon
  • Key questions the tendering authority must ask in amending terms and reviewing multiple bids
4:15
Constructing and Implementing a Tailor-Made Contract Management System: Operational Risk Solutions
  • Maureen Sullivan
    President
    NECI
  • Paul Emanuelli
    General Counsel and Managing Director
    The Procurement Office

Good project management contains costs and mitigates risks contributing to the successful delivery of program objectives. In this session, you will learn the hallmarks of a proven organizational structure and gain solid footing on the path to a clear competitive advantage.

  • What is on the horizon for the Treasury Board’s government Contracting Policy?
  • Understanding the key differences between contract management and contract administration
  • Clearly identifying the roles and responsibilities of key players to increase operational efficiencies at the outset
  • Leveraging advancing technologies to secure leading systems that excel in storing templates, tracking compliance with, and performance against, contracts and providing reminders for time sensitive matters
  • Creating your shopping list to secure the best formalized system to track and rate suppliers
  • Optimizing proven techniques and Key Performance Indicators to rate performance
  • Best practices in file close-out procedures

Close Up: Integrating E-Procurement Strategies into Your Contract Management System

  • Making sense of how your colleagues are using the new developments to streamline their procurement process
    by reducing unnecessary cost and eliminating inefficiencies
  • Maureen Sullivan
    President
    NECI

Good project management contains costs and mitigates risks contributing to the successful delivery of program objectives. In this session, you will learn the hallmarks of a proven organizational structure and gain solid footing on the path to a clear competitive advantage.

  • What is on the horizon for the Treasury Board’s government Contracting Policy?
  • Understanding the key differences between contract management and contract administration
  • Clearly identifying the roles and responsibilities of key players to increase operational efficiencies at the outset
  • Leveraging advancing technologies to secure leading systems that excel in storing templates, tracking compliance with, and performance against, contracts and providing reminders for time sensitive matters
  • Creating your shopping list to secure the best formalized system to track and rate suppliers
  • Optimizing proven techniques and Key Performance Indicators to rate performance
  • Best practices in file close-out procedures

Close Up: Integrating E-Procurement Strategies into Your Contract Management System

  • Making sense of how your colleagues are using the new developments to streamline their procurement process
    by reducing unnecessary cost and eliminating inefficiencies
5:15
Co-Chair’s Closing Remarks Conference Adjourns for the Day
  • Maureen Sullivan
    President
    NECI

Good project management contains costs and mitigates risks contributing to the successful delivery of program objectives. In this session, you will learn the hallmarks of a proven organizational structure and gain solid footing on the path to a clear competitive advantage.

  • What is on the horizon for the Treasury Board’s government Contracting Policy?
  • Understanding the key differences between contract management and contract administration
  • Clearly identifying the roles and responsibilities of key players to increase operational efficiencies at the outset
  • Leveraging advancing technologies to secure leading systems that excel in storing templates, tracking compliance with, and performance against, contracts and providing reminders for time sensitive matters
  • Creating your shopping list to secure the best formalized system to track and rate suppliers
  • Optimizing proven techniques and Key Performance Indicators to rate performance
  • Best practices in file close-out procedures

Close Up: Integrating E-Procurement Strategies into Your Contract Management System

  • Making sense of how your colleagues are using the new developments to streamline their procurement process
    by reducing unnecessary cost and eliminating inefficiencies

Day 2: Wednesday, Feb 22, 2012

8:30
Coffee Served
9:00
Opening Remarks from the Co-Chairs
9:15
Action Plan to Minimize Risk in Fair Bid Evaluation at the Federal, Provincial and Municipal Levels
  • Brenda Swick
    Partner
    McCarthy Tetrault LLP

Proven strategies to establish a viable evaluation framework while respecting and protecting the trilogy principles of openness, fairness and transparency

  • Developing internal policies to satisfy the trend towards heightened scrutiny of the trilogy principles
  • Integrating best practices from the beginning of the process:
    • Timely management of all the players in a multi-stakeholder environment
    • Meeting the needs of private sector clients while respecting and protecting the principles of fairness, transparency and accountability
  • Concrete examples of criteria that is clear and fair to bidders: Seamlessly integrating solid strategies that work into your evaluation arsenal
  • Benchmarking your quantification practices
10:00
Managing Legal Risk to Reduce CITT Review: Case Law and Tribunal Decisions Update
  • Daniel Kiselbach
    Partner
    Miller Thomson LLP
  • Owen Pawson
    Partner
    Miller Thomson LLP
  • Winning strategies before the CITT
    • Guidelines on preparing for the hearing to increase your chances of success
  • Implications of recent case law on procurement practices, in the courts and at the Canadian International Trade Tribunal, including:
    • Canada (Attorney General) v. Enterasys Networks of Canada: When is it permissible for a procurement tender for the supply of products to the Canadian federal government to specify the products by brand name?
11:00
Networking Refreshment Break
11:15
Advanced Green and Sustainable Procurement Solutions: Turning Ideas into Action
  • Dr. Angela Griffiths
    Executive Director
    EcoLogo Program
  • Tracey Husoy, SCMP
    Manager
    Purchasing and Risk Management‚ Metro Vancouver
  • Rating the conduct of suppliers and contractors to make sustainable choices without breaking the bank
  • Evaluating the real impact of Metro Vancouver's (MV) Sustainable Procurement Procedures across financial, environmental and social indices
    • How MV practices green procurement
    • Understanding the differences between MV's Green Procurement practices and their Sustainable Procurement practices
    • Lessons MV learned over time with regards to their green and sustainable procurement initiatives
  • Leveraging the public domain to assist with policing
  • Learning from EcoLogo’s technical expertise in sustainability planning and identifying environmental leadership products and services
    • How to effectively leverage business analysis, strategic planning, decision analysis, stakeholder consultation and program development and evaluation to get positive results
    • What are the real benefits of strong community building and facilitation skills?
12:15
Networking Luncheon for Delegates and Speakers
1:30
Generating Valuable Business Opportunities by Leveraging Investment, Joint Ventures, Foreign Trade and Recruitment in Aboriginal Procurement
  • Rob Miller
    Partner
    Miller Titerle LLP

Aboriginal Human Resource Council

  • Building a business case to support increased sourcing from Aboriginal suppliers
  • How to seek out and build relationships with Aboriginal communities and vendors:
    • Who to contact: Identifying contacts, setting up and building your network
    • How to approach Aboriginal groups: Clearing the social and cultural hurdles
  • Reviewing existing procurement strategies to remove potential barriers to Aboriginal businesses
  • What is on the horizon by the AHRC for the Aboriginal Procurement Program
  • Leveraging the public domain to assist with policing
Case Study: Strategies from BC Hydro's Aboriginal Contracting & Procurement Project
  • George Hemeon
    Senior Procurement Advisor/Aboriginal Procurement
    BC Hydro Corporate Procurement Services
  • Aboriginal Contract & Procurement Policy - eligibility and flexible procurement practices.
  • Aboriginal Procurement Strategy – current strategies to support economic opportunities for Aboriginal communities
  • Aboriginal Business Directory – sourcing Aboriginal businesses for both direct and indirect contract opportunities
  • Aboriginal procurement best practices and lessons learned
2:45
Networking Refreshment Break
Case Study: Strategies from BC Hydro's Aboriginal Contracting & Procurement Project
  • George Hemeon
    Senior Procurement Advisor/Aboriginal Procurement
    BC Hydro Corporate Procurement Services
  • Aboriginal Contract & Procurement Policy - eligibility and flexible procurement practices.
  • Aboriginal Procurement Strategy – current strategies to support economic opportunities for Aboriginal communities
  • Aboriginal Business Directory – sourcing Aboriginal businesses for both direct and indirect contract opportunities
  • Aboriginal procurement best practices and lessons learned
3:00
Implementation of the New ITAR Dual National Rule
  • Elisabeth Preston
    Partner
    McMillan LLP

The Government of Canada has reached an agreement with the U.S. Department of State on the implementation process for the amended International Traffic in Arms Regulation (ITAR), which is expected to reduce obstacles for Canadian companies registered in the Controlled Goods Program for their dual-national employees accessing ITAR-controlled articles in competing for lucrative aerospace and defence-related contracts. In this session, you will learn the impact of the amendments on Canadian business and Canada’s defence and economic relationships with the U.S.

  • Why the new International Traffic in Arms (ITAR) dual national rule was so important to Canada
  • Understanding the implications of Canada’s implementation of the new ITAR dual national rule
  • Practical overview of Canada’s enhanced Controlled Goods Program
  • Practical considerations for designing and implementing a best practices ITAR - Controlled Goods compliance program
3:45
Co-Chair’s Closing Remarks – Conference Concludes