Procurement: Legal Risks, Sustainability, and Dispute Resolution in Government Contracts
Bringing together government procurement professionals and legal experts in procurement and sustainability who are responsible for achieving strategic objectives and goals for their organisation who will share with you knowledge, skills and innovative practices. Attend and build professional skills and capabilities to assist with managing legal risks in the procurement process plus planning, strategy, ESG requirements and ethics tips and traps. WEB243Q24Z
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Chair: Anubhav Madan, Head of Procurement, Local Government Procurement
9.00am to 10.00am Managing Legal Risks in the Procurement Process
- Understanding procurement and the procurement process
- What is the process contract
- Other legal issues and risks in the procurement process
- Post tender notifications, publication, briefings, FOI and discovery
- Statutory and other challenge rights
- War stories
Presented by Scott Alden, Partner, HWL Ebsworth Lawyers
10.00am to 11.00am Procurement in Practice: Practical Tips and Considerations
- Procurement strategy and planning - legal considerations
- Practical ethics and probity in procurement
- Drafting, and responding to, procurement documents and returnable schedules
- Describing the scope of goods and services
Presented by Angie Freeman, Partner, Clayton Utz and Monique Azzopardi, Special Counsel, Clayton Utz
11.00am to 11.15am Morning Break
11.15am to 12.15pm ESG and Procurement
- Developing a sustainability program
- Collaborating with suppliers & internal stakeholders to plan and progress ESG goals
- Achieving sustainable procurement and ESG goals
- Embedding a culture of sustainability in procurement
Presented by Christel Martin, Director, Procurement Excellence, Transport for NSW
12.15pm to 1.15pm Procurement Complaints and Disputes
- The bases for complaints about the conduct of procurement processes, including the Government Procurement (Judicial Review) Act 2018
- The remedies available to complainants, including damages and injunctions
- The duties owed by public servants in resolving disputes over procurement processes, including those imposed by the Legal Services Directions
- Case studies to illustrate best practice in advising on the resolution of disputes over procurement processes
Presented by Patrick Collins, Special Counsel, Maddocks
Presenters
Anubhav Madan
Anubhav joined Local Government Procurement in November 2020, having spent about the last 10 years providing procurement consulting services to both private and public sector organisations. In his last role in NSW Procurement within NSW Treasury, he was focused on architecting and supporting state-wide procurement reform initiatives that support and deliver election commitments, while creating value in professional services by architecting the Business Advisory Services (BAS) standard commercial framework and improving procurement operations for professional services across the state. Prior to that, Anubhav has been focused on architecting and driving procurement transformation initiatives to improve procurement value, capability and profile across various public and private sector organisations since 2004 across Asia, USA and Australia. With a degree in Computer Engineering from Singapore, and trained in Entrepreneurship from Stanford, he also has an MBA from the Australian Graduate School of Management (AGSM) and is an alumnus of London Business School (LBS). Most recently he has attained an MCIPS status. In this role as the Head of Procurement, he and his team support in excess of $800M in spend under contract working with over 900 suppliers supporting the NSW Local Government sector. His focus is on optimising contracts, compliance and overall procurement activity within the Local Government sector to provide greater value to both buyers and suppliers in the sector.
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
Angie Freeman
With extensive experience advising on procurement and commercial contracting, Angie has gained a deep understanding of the legal and commercial risks associated with complex procurement projects. Angie has acted for a wide range of government agencies and private sector clients on complex and sensitive procurement projects. Angie's practice focuses on information technology projects, and services outsourcing and contestability projects. Angie's experience includes providing strategic procurement advice (including in relation to the application of the Commonwealth Procurement Rules and Commonwealth policies), advising on the preparation and evaluation of requests for tender and other procurement documentation, drafting and negotiating contracts and advising on vendor performance and management.
Monique Azzopardi
Monique is an experienced commercial lawyer with special expertise in technology transactions. She has strong experience acting for clients in the private and public sectors across the full spectrum of commercial and technology matters, including as a key adviser to the NSW and Commonwealth governments on a number of major projects of State and national significance. She is skilled at developing plain-English contractual documents that are tailored to the project and are legally and commercially robust. Another core part of Monique's practice is privacy law and data protection. She is regularly called upon to assist clients to navigate privacy legislation and to undertake privacy impact assessments. She also crafts tailored privacy provisions for contracts to ensure that contracts are aligned with all relevant privacy laws, including the Privacy Act 1988 (Cth).
Christel Martin
Christel Martin (GAICD, MCIPS, LLM, LLB, BSc) is the Director Procurement Excellence at Transport for NSW, with over 15 years of experience across procurement organisational transformation, commercial law, procurement policy development and implementation, procurement systems implementation, end to end category management and strategic vendor management. Christel has held roles in the private sector, Commonwealth Government and NSW State Government.
Patrick Collins
Patrick has been advising Australian governments on commercial law matters for 15 years and has a deep understanding of the public sector operating environment as well as the applicable laws and best practices (having been an in-house Government Lawyer for many years). This year, Patrick was a finalist in the Australian Law Awards, for Special Counsel of the Year. Patrick is known for his practical and pragmatic advice, responsiveness to clients’ needs and achieving outstanding results for his clients. Patrick has extensive experience in providing legal and probity advice on government procurements and grant processes, drafting commercial contracts, conducting complex contract negotiations, advising on the construction of complex commercial contracts, resolving contract management issues and conducting alternative dispute resolution for contract disputes.