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
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
AGENDA OF THE 4 DAY SUMMIT AT A GLANCE
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
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: info@learningnetworks.com.au
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
TOwho
REGISTER
CALL
NOW!
and other potential delegates
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.
TEL: (02) 95807327 FAX: (02) 9585 2094, Email: info@learningnetworks.com.au
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: mohd@learningnetworks.com.au
.
PROGRAM AGENDA
Day1
Tuesday, 13th August
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
MANAGING KEY CHALENGES AND RISKS IN A TENDER PROCESS
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
10.25-10.45
NETWORKING TEA BREAK
10.45-11.45
SESSION2
DEVELOPING A FRESH APPROACH TO CONTRACTS NEGOTIATIONS AND
LESSONS LEARNED
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
FRAMEWORK FOR DEVELOPING WORKABLE CONTRACTS IN THE PUBLIC SECTOR
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
STRATEGIES FOR PREPARING CONTRACT DOCUMENTATION WITH CLARITY
AND PURPOSE
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
2.45-3.45
SESSION5
REFORMING CONTRACT LAW IN AUSTRALIA
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
INDEMNITIES AND IMMUNITIES IN PUBLIC SECTOR CONTRACTS
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
PROGRAM AGENDA
Day2
Wednesday, 14 th August
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
CASE STUDY: SHARED SERVICES PROCUREMENT AND CATEGORY MANAGEMENT
Liz Weeks, Defence Chief Procurement Officer, DEPARTMENT OF DEFENCE
10.00 -10.20
NETWORKING TEA BREAK
10.20 -11.20
SESSION8
ENHANCING EFFICIENCY OF CONTRACTS THROUGH VENDOR MANAGEMENT
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
GOING LONG: MANAGING THE RISKS OF A LONG TERM OUTSOURCING
CONTRACT
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
1.15-2.20
SESSION 10
PRACTICAL WAYS TO ACHIEVE EXCELLENCE IN YOUR CONTRACTS AND
PROCUREMENT MANAGEMENT PROCESSES
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
POST CONTRACT MANAGEMENT: WE HAVE THE CONTRACT, NOW WHAT
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
DEVELOPING AND MANAGING SERVICE LEVEL AGREEMENTS
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
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
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 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
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.
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: info@learningnetworks.com.au
Discount Options: Only 1 discount applies
Register by 25th June: Super Early Offer!
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
Master class 1 and 2- Register by 15th July
Register 3 delegates for the master class and
get a free pass for the 4th delegate to attend
Register after 15th July:
any master class of their choice
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2nd Delegate
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For additional delegates please use a separate form or email us the details
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*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:
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Card Number:____________________________________________________________________________
Expiry Date:______________________________________________________________________________
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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
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