Public Sector Procurement and Tendering: Legal Issues
You’ll gain an understanding of the advantages of collaborative procurement and early contractor involvement, as well as strategies for managing contract variations during and after tender acceptance. Explore potential challenges to procurement processes at the state and federal government levels. WEB236N09Z
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Phill Scott, Chief Procurement Officer, Local Government Procurement; Fellow - World Commerce & Contracting and PRIProb
9.00am to 10.00am Benefits of Collaborative Procurement and Early Contractor Involvement
- What is collaborative procurement and FCI
- Early contractor involvement as a collaborative procurement model
- Pros and cons of this form of procurement
- Legal issues to be addressed throughout the process
- Where should this form of procurement be used
- Analysing market led proposals and where they may be suitable and compliant with State policy and guidelines
Presented by Scott Alden, Partner, HWL Ebsworth Lawyers
10.00am to 11.00am Variation of the Contracts
- Importance of procurement planning
- How to deal with variation of contract during the
- during tender evaluation
- after acceptance of the tender
- once the contact has been signed
- When is the variation too large for the original tender requiring a new tender process
- Probity issues
Presented by Veena Bedekar, Special Counsel, Public Law, Maddocks
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Judicial and Administrative Law Challenges to Government Procurement
- Review the potential avenues of challenge to State and Federal government procurement processes: conflict of interest and bias
- Analyse recent legislation on State and Federal government
- What are the potential remedies available to aggrieved suppliers?
- Things to do to mitigate risk of challenge
Presented by Greg Ross, Executive Partner, Eakin McCaffery Cox
Presenters
Phill Scott
Phill has a background in Tendering and Contracting in both the private and Local Government sectors. He is currently Chief Procurement Officer for Local Government Procurement Pty Ltd in New South Wales and has lectured part-time at TAFE in the areas of Purchasing, Warehousing and Logistics. He has been involved in drafting, evaluation and governance of an estimated 200 tenders and contracts for goods, services, consultancies and constructions over nearly 20 years. Phill was awarded lifetime Certified Purchasing Manager (C.P.M.) accreditation from Victoria University in association with the Institute for Supply Management (U.S.A.). He was recognised as a ‘Fellow’ of the Australian Association of Procurement and Contract Management Pty Ltd in 2010. Phill is a member of Resolution Institute and is accredited as a probity adviser by that organisation. Phill is a contributing author to the book "Supply Chain Management – A Procurement Perspective" and has written articles published in a number of professional magazines. He has spoken at number of professional conferences in recent years. Prior to working in Local Government, Phill gained experience in a diverse range of industries including industrial coatings, aircraft fabrication, commercial air-conditioning, horticultural, chemical and electronics industries. He also gained experience working for short periods in the U.S.A and China.
Scott Alden
Scott Alden is a partner at HWL Ebsworth in Sydney. Scott has been working in the areas of major projects and infrastructure for over 20 years and is a recognised specialist in these areas as well as the sectors of Government, Water, Defence, Ports, and Housing. Scott is known for providing legal advice with pragmatism and commerciality to ensure that the advice is relevant to the project and parties to the transaction. Scott has been at the forefront of advising on the recent legislation regarding small business and modern slavery advising both government and private sector on the implications and compliance issues arising out of these new legislative regimes. Scott is an accredited expert in the areas of Government and Administrative Law as well as the author and lecturer of two Masters of Laws programs at the College of Law and University of Melbourne respectively.
Veena Bedekar
Veena has extensive experience in providing commercial legal advice to sophisticated clients, including Commonwealth entities and public companies. Her practice focuses on probity and commercial property, and she has experience in a number of other areas. Her probity experience includes advising on large ICT business transformation programmes (involving multiple procurements), interactive tendering processes, multi-stage approaches to market and trials of innovative services. She has also undertaken a number of probity reviews and audits. Most of her experience has been gained working in national law firms in Canberra, but she has also spent periods seconded to government entities or working as part of client inhouse legal teams.
Greg Ross
Gregory in Eakin McCaffery Cox's Commercial Government team. He has many years legal services experience spanning litigious and non-litigious, civil and criminal contexts He is an accredited specialist in Government and Administrative Law and was the NSW Law Society's Head Assessor for that field in 2015-19 and is a Councillor for NSW on the Chartered Institute of Procurement and Supply. Since 1988 he has practised in the areas of Administrative Law, Government Contracting, Industry Facilitation and Probity matters, including legislative reform and procurement projects to achieve the best value for money for clients. He has, for some time, provided Probity Advisory/Audit services to clients. He also leads his firm's Intellectual Property practice. He and some of his clients work with lawyers in a variety of countries to implement many client projects, particularly to do with education services within Australia and beyond. He and some of his clients work with lawyers in a variety of countries to implement many client projects, particularly to do with education services outside Australia. He was, for a period, a member of the Organisation Review Committee of NSW’s Independent Commission Against Corruption. He is an adjunct lecturer in the College of Law’s Applied Law Program. In 2006 he became a member of the NSW Legal Profession Admission Board’s Legal Qualifications Committee and Practical Experience Subcommittee, which deal with both academic and practical experience requirements for lawyers wishing to practise in NSW, whether the lawyer is locally or overseas trained. He was involved in facilitating electronic commerce and proposals for Automation in Administrative Decision Making.