LEGAL FRAMEWORK FOR - learningnetworks.com.au · LEGAL FRAMEWORK FOR Addressing the impact of...
Transcript of LEGAL FRAMEWORK FOR - learningnetworks.com.au · LEGAL FRAMEWORK FOR Addressing the impact of...
AGENDA OF THE 4 DAY SUMMIT AT A GLANCE
Who Should Attend?
Directors, Senior Managers, Managers, Officers and Advisors involved with:
*Contracts Management * Legal Advisory Roles
*Procurement Management * Vendor Management
*Commercial Management * Supply
TO REGISTER CALL NOW!
TEL: (02) 95807327 FAX: (02) 9585 2094, Email: [email protected]
LEGAL FRAMEWORK FOR
Addressing the impact of policy and legal framework in achieving best practice and excellence in
management of contracts and procurement in the public sector
13th National Public Sector Contracts and Procurement Management Summit * 4 Separately Bookable Days
* 13th & 14th August – National Conference
* 21st & 22nd August: Post Conference Executive Master Class
13th & 14th August: National Conference
_
21st August: Post Conference Workshop
MANAGING LEGAL AND PROBITY RISKS IN PUBLIC SECTOR PROCUREMENT
Facilitated by
Tetyana Wotton, Senior Associate TressCox and Brian Ambler, Partner TressCox
22nd August: Post Conference Workshop
MANAGING OPERATIONAL AND LEGAL CONSIDERATIONS IN PERFOMANCE
BASED CONTRACTING
Facilitated by
Paul Armarego, Special Counsel, Dibbs Barker
&
Ed Blow, Director E&S Consultants
8.30 - 9.05: REGISTRATION AND TEA ON ARRIVAL
9.05-9.15: OPENING REMARKS FROM THE CHAIR
Paul Armarego, Special Counsel, DIBBS BARKER
9.15 -10.25
SESSION 1
• The basics of probity
• Common probity risks and challenges – case studies
o Conflicts of interest
o Maintaining confidentiality in the context of social media
• The law of tendering
o The process contract
o Recent law in Australia
Brian Ambler, Partner, TRESSCOX
TO REGISTER CALL NOW!
TEL: (02) 95807327 FAX: (02) 9585 2094, Email: [email protected]
OVERVIEW OF THE SUMMIT
After the success of its past twelve national conferences, Learning Network Solutions is proud to
present this comprehensive Contracts and Procurement Summit. This 4 day summit is divided into
two days of national conference plus two days of post conference interactive workshops.
This is our most prolific and well attended conference due to its relevance and brand new sessions
addressing the most current and important issues pertaining to public sector contracts and
procurement. This summit is comprehensive and diverse, with new sessions addressing the
current legislation and operational procedures.
The content of this summit has been developed after seeking feedback from the previous delegates
and other potential delegates who are keen to attend this year. It will benefit both non-legal and
legal professionals who are involved with various aspects of contracts and procurement.
We have also included two full day post conference full day master classes that will be held a week
after the conference to give you and your team the flexibility and opportunity to attend the entire
four day summit. We have scaled back the registration prices to accommodate the budget
constraints which should make it possible for most of you to attend. Please speak to us to find out
how we can customize a package for you and your team.
If this summit is relevant to your ongoing professional development, you may claim one unit for
each hour of attendance as per the requirements set out by the legal practice board in your
jurisdiction. Refreshment breaks are not included in this hour.
I take this opportunity to thank you for your support and interest all these years to make this
one of the most stellar conferences that I have produced for the public sector.
If you have any questions regarding any aspect of this summit then please do not hesitate to
contact me.
Mohammed Khatri, Manager: Programs & Knowledge
Tel: 02-95852304| |Email: [email protected]
.
PROGRAM AGENDA Day1 Tuesday, 13th August
MANAGING KEY CHALENGES AND RISKS IN A TENDER PROCESS
10.25-10.45
NETWORKING TEA BREAK
10.45-11.45
SESSION2
• Identifying and delivering on key objectives for both parties
• Structuring the process to achieve the outcome
• Managing complexity
• Avoiding pitfalls and lessons learned
Anthony Willis, Partner, DLA PIPER, Joint Global Head - Government Contracts
11.45-12.55
SESSION3
This session will address a framework for developing workable contracts. Paul will detail
the key requirements, strategies and guidelines for developing effective and efficient
contracts that are both easy to understand and execute. Paul will also detail the common
mistakes and oversights and how to mitigate the risks that arise from them.
• The Financial Management and Accountability Framework/Public Governance,
Performance and Accountability – key practical aspects
• Mechanisms to achieve proportionality, effectiveness, outcomes and performance
• Contract flexibility and practical considerations
• Interaction between risk management, project management and contract management
Paul Armarego, Special Counsel, DIBBS BARKER
12.55 -1.45: NETWORKING LUNCH
1.45-2.45
SESSION4
Georgina will address the three myths of contract drafting:
• The best kinds of contracts are those that stay in the bottom drawer once they are
signed.
• Contracts should only include clauses for which the contractor's performance can be
measured and reported on.
• If I issue my agency's template contract and a Statement of Requirement with my
Request for Tender, the lawyers will be able to work out the rest in negotiations.
Georgina Adams, Partner, ASHURST
FRAMEWORK FOR DEVELOPING WORKABLE CONTRACTS IN THE PUBLIC SECTOR
DEVELOPING A FRESH APPROACH TO CONTRACTS NEGOTIATIONS AND
LESSONS LEARNED
STRATEGIES FOR PREPARING CONTRACT DOCUMENTATION WITH CLARITY
AND PURPOSE
2.45-3.45
SESSION5
The Attorney General released a discussion paper late last year on the scope for reforming
Australian contract law. The discussion paper is designed to provoke discussion about
whether our current contract law is adequate for today's needs and will meet the challenges
of the future. This session will address they key highlights of the paper and provoke a
discussion on why do we need reform and what does those reforms seek to achieve.
Allyson Hogan, Senior Associate, MORAY & AGNEW
3.45-4.00: AFTERNOON TEA
4.00 -5.00
SESSION6
• Important function of the indemnities clause and how it should be drafted
• Risk assessments: common mistakes
• How are requests for indemnities for legal proceedings handled
• Immunities – when they are appropriate and not appropriate
• Government contracting and immunity
Edward Campbell, Senior Associate, NORTON ROSE
5.00-5.10: SUMMING UP AND END OF DAY 1
INDEMNITIES AND IMMUNITIES IN PUBLIC SECTOR CONTRACTS
REFORMING CONTRACT LAW IN AUSTRALIA
8.15 -8.50: TEA ON ARRIVAL
8.50-9.00: OPENING REMARKS FROM THE CHAIR
Tetyana Wotton, Senior Associate, TRESSCOX
9.00 - 10.00
SESSION7
Liz Weeks, Defence Chief Procurement Officer, DEPARTMENT OF DEFENCE 10.00 -10.20 NETWORKING TEA BREAK 10.20 -11.20 SESSION8
• Why do we need a contract
• Balancing a relationship and contractual terms
• Performance monitoring
• Performance management
• Driving value
Alexandra Wedutenko, Partner, CLAYTON UTZ
11.20 -12.20 SESSION9
Long term outsourcing contracts can provide efficiencies of scale and reduced whole of life
costs to customers. If not done properly it can also give rise to the challenges of customer
dependency, under performance and a de facto monopoly. In this session we will
investigate:
• the practical benefits and risks of going long;
• contracting tools to mitigate the risks; and
• guidance as to managing the relationship.
Michael Brennan, Partner, and Amanda Story, Senior Associate, MINTER ELLISON
12.20:1.15: NETWORKING LUNCH
CASE STUDY: SHARED SERVICES PROCUREMENT AND CATEGORY MANAGEMENT
ENHANCING EFFICIENCY OF CONTRACTS THROUGH VENDOR MANAGEMENT
GOING LONG: MANAGING THE RISKS OF A LONG TERM OUTSOURCING
CONTRACT
PROGRAM AGENDA Day2 Wednesday, 14th August
1.15-2.20 SESSION 10
• Procurement strategies: what methods are suitable and when
• Understanding risks when conducting procurement activities and how to manage them
• Contract pitfalls: what to watch out for and how far ahead do you need to plan
Tetyana Wotton, Senior Associate, TRESSCOX
2.20-3.20
SESSION 11
• Managing compliance by the parties
• Managing intellectual property and deliverables
• Managing Change
Dr. Anne Lea, Special Counsel, HWL EBSWORTH LAWYERS
3.20 -3.35: NETWORKING TEA BREAK
3.35 -4.35
SESSION 12
• Key features of a service level agreement (SLA)
• Relevance of SLAs to the Commonwealth Procurement Guidelines
• Developing an SLA through the tender process (the AUSDEFCON suite of documents)
• Managing an SLA: key issues
Dr. Stephen Thompson, Special Counsel, SPARKE HELMORE
4.35-4.45: SUMMING UP AND END OF THE CONFERENCE
PRACTICAL WAYS TO ACHIEVE EXCELLENCE IN YOUR CONTRACTS AND
PROCUREMENT MANAGEMENT PROCESSES
POST CONTRACT MANAGEMENT: WE HAVE THE CONTRACT, NOW WHAT
DEVELOPING AND MANAGING SERVICE LEVEL AGREEMENTS
Master Class Duration: 9.00-4.30 10-10.20: Morning Tea 1.00 -2.00: Lunch 3.00-3.20: Afternoon Tea
8.30 -9.00: REGISTRATION AND TEA ON ARRIVAL
Module1: PRINCIPLES OF PROBITY IN PROCUREMENT • Key features of a probity and developing a probity framework
• Practical probity and its applications in contracts and procurement
• Ethics and probity
• Probity in the commercial world
Module2 : RISK MANAGEMENT AND PROBITY: MANAGING THE LEGAL RISKS • Probity and legal risks
• Probity checklist for public sector procurement
• Understanding legal consequences of different types of representations
• Breach of a process contract
• Exclusion of liability under a process contract
Module3: MANAGING PROBITY RISKS IN PUBLIC SECTOR PROCUREMENT
• Probity risks arise during pre-tendering activities
• Probity risks in vendor selection
• Probity risks arising out of the specifications
• Probity risks in managing relationships
• Privacy and confidentiality requirements in the procurement process
• Issues of liabilities – who is responsible for what
• Managing records and evidence Please note: each session will include syndicate exercises where delegates will work in groups on various exercises and cast studies. The master class will be very interactive and the facilitators will be happy to discuss any relevant issues and spend more time on issues that are important to you.
EXECUTIVE MASTER CLASS 1 Wednesday, 21st August
LEGAL FRAMEWORK FOR
MITIGATING LEGAL AND PROBITY RISKS IN PUBLIC SECTOR
PROCUREMENT
Facilitated by
Brian Ambler, Partner TressCox
&
Tetyana Wotton, Senior Associate, TressCox
Master Class Duration: 9.00-4.30 10-10.20: Morning Tea 1.00 -2.00: Lunch 3.00-3.20: Afternoon Tea
1. INTRODUCTION TO PERFORMANCE BASED CONTRACTING
• Key attributes and framework for performance based contracts
• How they differ from traditional forms of contracting
• What is the difference between payment against deliverables and milestones and performance based contracting
• How does performance based contracting work – case studies
2. FRAMEWORK AND LEGAL CONSIDERATIONS IN ESTABLISHING A
PERFORMANCE BASED REGIME
• Resources and skills required in operating performance based contracts
• The A to Z of developing and implementing a performance based contract
• Key principles that underpin managing the performance of a contract/contractor
• Practical tools and strategies in establishing and implementing a performance based regime
3. HOW TO ESTABLISH KEY PERFORMANCE MANAGEMENT INDICATORS AND
STRATEGIES TOMEASURE THEM
• What to measure and how
• Establishing the level of performance
• 7 steps to performance based acquisition
• Key mistakes in managing the performance of contracts
• Key potential benefits of measuring performance
4. KEY LEGAL ISSUES FOR PERFORMANCE CONTRACTING?
• Addressing key legal considerations in performance contracting
• Managing liquidated damages and contractor under-performance
• When does a disincentive become a penalty?
• Can a contractor claim that the owner has unfairly denied him an incentive payment?
• Case studies and syndicate exercises
Please note: each session will include syndicate exercises where delegates will work in groups on various exercises and cast studies. The master class will be interactive and the facilitators will be happy to discuss any relevant issues and spend more time on issues that are important to you.
EXECUTIVE MASTER CLASS 2 Thursday , 22nd August
MANAGING OPERATIONAL AND LEGAL CONSIDERATIONS
IN PERFORMANCE BASED CONTRACTING
Facilitated by
Paul Armarego, Special Counsel, Dibbs Barker
&
Ed Blow, Director, E&S Consultants
LEGAL FRAMEWORK FOR
CONTRACTS MANAGEMENT EXCELLENCE IN THE PUBLIC SECTOR Venue: Cliftons Centre, Canberra
13 & 14 August: National Conference
21 & 22 august: Separately bookable post conference Master Class
* TO REGISTER: Tel: 02-95807327 Fax: 02-95852094 Email: [email protected]
Discount Options: Only 1 discount applies Register by 25th June: Super Early Offer!
Master class 1 and 2- Register by 15th July
Register after 15th July:
Register 2 delegates for the conference and
get one free master class
Register 3 delegates for the conference and
get a free pass for the 4th delegate
Register 5 delegates for the conference and
get free passes for 6th and 7th delegates
Register 3 delegates for the master class and
get a free pass for the 4th delegate to attend
any master class of their choice
_________________________________________________________________________________________________________________________________________________________
Please encircle your preferences
1st Delegate Conference Master Class 1 Master Class 2
Name______________________________________________________________________________________
Title________________________________________________________________________________________
Email_______________________________________________________________________________________
2nd Delegate Conference Master Class 1 Master Class 2
Name_______________________________________________________________________________________
Title________________________________________________________________________________________
Email_______________________________________________________________________________________
3rd Delegate Conference Master Class 1 Master Class 2
Name_______________________________________________________________________________________
Title________________________________________________________________________________________
Email_______________________________________________________________________________________
For additional delegates please use a separate form or email us the details
Organisation_____________________________________________________________________________
Address___________________________________________________________________________________
Tel__________________________________________Fax___________________________________________
*Invoice shall be sent after receipt of the registration * Please quote invoice numbers for eft
payments * Please make payment before the summit
Please debit my: Visa Amex Master card Bankcard
Card Number:____________________________________________________________________________
Expiry Date:______________________________________________________________________________
Card Holders Name: ___________________________________________________________________
Continuous Professional Development:
If this event is relevant to your ongoing
professional development, you may claim one
unit for each hour of attendance.
Venue: Cliftons Centre, 10 Moore Street,
Canberra. Tel: 02 (61220999)
DOCUMENTATION: Documentation provided
by speakers will be supplied to delegates at the
venue.
PRIVACY POLICY: We do not have mailing lists.
We do not send out hard copies or emails or
faxes without the consent of the receiver.
PROGRAM CHANGES: We reserve the right to
make changes in the program and the panel of
speakers and the venue of the event.
CANCELLATION POLICY: Cancellations made
3 weeks prior to the event will get a complete
refund. For cancellations done within 3 weeks
of the program you are liable to make full
payment and no refund can be made. We will
issue you a credit note that could be used to
attend any of our future events of the same
amount. If event is not held due to any reason,
our liability is limited to the event fee only. In
any event our liability is limited to the
registration fee only
Copyright: Learning Network Solutions Pty
Ltd@2013. All Rights Reserved
ABN 2710734453
Website : www.learningnetworks.com.au
Code: S*LNS