This is an excellent course. A must for anyone wanting to practice in public procurement.

Greg Sykes, SaskPower (Procurement Certicate, 2010)

The Osgoode Certicate in

Public Procurement Law and Practice

Commonwealth Caribbean Edition
A unique hands-on programme on how to manage the key legal and practical issues facing Caribbean procurement professionals today

October 31 - November 4, 2011 | 5 Days | Hyatt Regency, Trinidad and Tobago

Why You Should Attend

Program Details
Dates
Day 1 Institutional Governance October 31, 2011 Day 2 Legal Rules and Regulations November 1, 2011 Day 3 Project Management November 2, 2011 Day 4 Document Drafting and Reviews November 3, 2011 Day 5 Remedies and Dispute Resolution November 4, 2011
Across the Commonwealth Caribbean there are hundreds of public institutions spending billions of dollars on public projects. The challenges posed by greater supplier competition, the ever-increasing need for transparency, bilateral and regional treaty obligations and the demand for faster turnaround times, all underpinned by robust legal oversight, have made public procurement a complex, high-stakes eld. Given the challenges, it is not surprising that high-prole examples of procurements that have gone awry continue to make headlines, as the focus on accountable, prudent public sector spending becomes more acute. This unique Commonwealth Caribbean Edition is based on the Osgoode Public Procurement Law and Practice Certicate Programme run in Toronto, Canada which is now in its second year and brings clarity to this demanding area. Led by Paul Emanuelli and Margaret Rose, an outstanding faculty of legal and procurement professionals will give you the knowledge and practical skills you need to competently and condently handle todays most pressing procurement challenges and issues. You will come away from this program better prepared, and with knowledge, strategies and tactics that you can put to immediate use. Upon completion of this programme you will become a member of an elite and sophisticated group of procurement professionals in the Caribbean appreciating the emerging legal and practical risk paradigm for the public procurement function. This is an unparalleled opportunity to take your procurement skills to the next level dont miss it.

Key Benets: What You Will Learn

The governing principles and common themes for proactive procurement Key practical strategies to build winning conditions in your purchasing operations Empowering the project management team: dos and donts How to focus on critical project details Major plays from major projects: learning from successful leading-edge multi-million dollar projects Best practices for managing risk, enhancing exibility and accelerating time-frames in the procurement process Precision drafting: what you should be doing (and what you should not be doing) Avoiding drafting pitfalls, and creating documents that withstand the turbulence of the tendering process Critical benchmarks that should be assessed when reviewing procurement documentation When (and how) you should be using fairness advisors: bolstering the procurement process Remedies and dispute resolution Managing the inherent legal risks in contract management Avoiding public purchasing paralysis: tips for surviving the red-tape revolution

The programme will be held at:

Hyatt Regency Trinidad Wrightson Road Port of Spain, Trinidad and Tobago

Who Should Attend

Procurement specialists and professionals Government procurement, legal and nance professionals Lawyers advising public purchasers Lawyers including in-house counsel advising vendors to public purchasers Procurement policy advisors Board members, CEOs and nance, legal and procurement managers of public bodies including municipal corporations, special purpose enterprises, hospitals, school boards and academic institutions

CERTIFICATE IN PUBLIC PROCUREMENT LAW AND PRACTICE COMMONWEALTH CARIBBEAN EDITION

In ve consecutive intensive one-day modules, an expert faculty will deliver the key concepts of Public Procurement Law and Practice. There will be an emphasis on the practical, and classes will be taught using a blended delivery method that includes lectures, class discussions, case studies and small-group work.

THE CURRICULUM DAY 1

October 31, 2011, 9:00 a.m. 5:00 p.m.

DAY 2

November 1, 2011, 9:00 a.m. 5:00 p.m.

Institutional Governance
Governing Principles The governing principles and common themes that impact a public institutions procurement policies and practices: Legislative frameworks impacting the public procurement function Public policies and trade treaties including the CARIFORUM EC EPA and CARICOM Draft FRIP Role of the private sector in government operations Written rules that frame the procurement process Unwritten rules that regulate competitive bidding Risks and remedies that shape public procurement Practical considerations that enable empowered procurement Accountability in public procurement Institutional Strategies Critical institutional strategies needed to build winning conditions in your purchasing operations: Proactive leadership Enhanced external oversight Ethics and accountability Clear roles and responsibilities Common rules and practices Empowered innovation Developing an effective Ethical Compliance Programme Ethics and Accountability An interactive review of scenarios drawn from real conict-of-interest cases, including case studies that cover: How bidder conict of interest and unfair insider advantage can compromise the integrity of the tendering process How purchaser bias can undermine a fair evaluation process How a decision-makers impartial discretion can be compromised by personal interests Why it is important to clearly dene conict of interest rules in your procurement documents

Legal Rules and Regulations

Deconstructing the Contract A Tendering Law Paradigm A comparison of the Contract A tendering law paradigm and the traditional contracting model explained with reference to: The history of the Ron Engineering case, with an analysis of the decisions at the trial court, Ontario Court of Appeal and Supreme Court of Canada The legacy of Ron Engineering and the common law duty of fairness The Supreme Court of Canadas modern analytical architecture and dual procurement paradigms, with specic focus on leading Supreme Court decisions Analysis of the cross-Commonwealth case law applying the implied tender contract doctrine with specic reference to Australia, UK and the Caribbean including the seminal 2004 Privy Council decision of Pratt Contractors v New Zealand Transit Highway. The Five Major Implied Duties An analysis of some of the leading cases from the last quarter-century that illustrate the following implied fairness duties: Disclosure duty Duty to reject non-compliant tenders Duty to run a fair process Duty to award to the winning bidder Duty to award the contract as tendered Implied Duties vs. Reserved Rights An exploration of the interplay between implied fairness duties and expressly reserved rights, with reference to leading cases that help dene: How some implied rules, such as the low bid rule, can be overridden by specic tender call provisions How the courts rely on the doctrine of fairness to apply limits on the use of the privilege clause Public Law Approaches Judicial Review of public procurement decisions : An analysis of the cross commonwealth case law Applying the sufcient public interest element Test Breaking down the Trinidad and Tobago High Court and Court of Appeal judgments in the landmark cases of NH v. UDeCOTT (2006) and Spancrete v. UDeCOTT (2006)

Register online today at www.caribbeanprocurementinstitute.com

DAY 3

November 2, 2011, 9:00 a.m. 5:00 p.m.

DAY 5

November 4, 2011, 9:00 a.m. 5:00 p.m.

Project Management
Project Management Overview Managing internal governance / Building business plans Developing procurement strategies / Selecting the procurement format Surveying the Procurement Playbook Legally binding Invitations to Tender / Binding and negotiated RFPs Prequalication processes Request for Quotation formats Market research methods - RFIs & IEIs Major Plays from Major Projects This segment will consider advanced scenarios from successful leading-edge multi-million dollar projects. Public-Private Partnerships and Private Finance Initiatives Dening emerging P3 Structures and new models for nance of large infrastructure projects Understanding the legal risks by an exploration of cross-Commonwealth case studies Developing a robust P3 risk mitigation organisational strategy

Remedies and Dispute Resolution

Surviving the Red Tape Revolution This segment provides critical recommendations for managing disputes while considering a critical question: Is red tape paralyzing public purchasing and undermining the procurement process? Fairness Oversight This segment offers ve critical considerations for the proper use of external fairness advisors. Legal Risks and Remedies A review of the legal risks, liabilities and remedies that can apply during the procurement process, with a particular focus on cases dealing with: Purchaser remedies against bidders Problematic suppliers The role of external advisors The warning signs of bid rigging Speedy supplier remedies / Supplier lost prot damages Alternative dispute resolution Role of Commissions of Enquiry Managing reputational risks Building Your Anti-Corruption Toolkit (with specic reference to whistleblower protection strategies, use of access to information policies, anti-corruption tool checklists)

DAY 4

November 3, 2011, 9:00 a.m. 5:00 p.m.

Contract Management An analysis of how contract management should inform your entire procurement cycle, with case studies that illustrate: How a suppliers poor past performance can impact both the suppliers right to bid and the evaluation of its tender How the origins of many performance disputes can be traced back to earlier stages in the procurement process How the contract management phase of the procurement cycle is fraught with inherent legal risks that need to be carefully managed

Document Drafting and Reviews

Secrets of Aerodynamic Design: An Overview of Critical Precision Drafting Concepts The Three Pillars The three underlying principles that drive the precision drafting process: Clear thinking; plain language; legal interpretation The Seven Stages of the Precision Drafting Process The initial mapping statement; detailing requirements; making material disclosures; establishing eligibility requirements; creating ranking and selection criteria; developing the rate bid form; drafting the form of agreement Aligning Legal and Procurement Reviews The critical benchmarks that should be assessed when conducting a review of a procurement document. Procurement Law and Practice in Action : Case Study This segment presents the University of Toronto (UofT) as a case study for the application of the best practice principles and formats. In 2009 the UofT implemented a comprehensive procurement reform strategy under the guidance of Paul Emanuelli and participants are taken through the stages of their process and given a preliminary analysis of stakeholder feedback and results.

Note: There will be an in-class assessment during this session. In order to receive the Osgoode Certicate in Public Procurement Law and Practice, students must successfully complete the assessment and attend all 5 days of the program.

Register online today at www.caribbeanprocurementinstitute.com

Take your procurement knowledge and skills to the next level

Programme Director Paul Emanuelli is an internationally known author, procurement lawyer and consultant with an extensive track record of public speaking, publishing and training. His portfolio focuses on major procurement projects, information technology transactions, outsourcing, corporate governance and supply chain management. He is the author of Government Procurement, The Laws of Precision Drafting: A Handbook for Tenders and RFPs and the National Tendering Law Update and hosts two procurement law webinars Case Law Countdown and the Procurement Ofce Cyberseries. Programme Director Margaret Rose is an attorney at law practicing at the bar for the last 16 years and qualied to so practice throughout the Commonwealth Caribbean. Ms. Rose has extensive litigation and jury trial experience and specializes in serious crime, anti-corruption and public procurement law. She has been involved in several major corruption enquiries and investigations in Trinidad and Tobago and currently advises state and private sector companies on corporate governance and public contracting. Ms. Rose presently serves on the Advisory Board of the International Public Procurement Conference Body, is a Member of the World Federation of Engineering Organizations (WFEO) Anti-Corruption Committee and on the Advisory Board of the International Development Institute for Leadership Management and Technology in Ghana.

FACULTY
PROGRAM DIRECTOR
Paul Emanuelli, Managing Director The Procurement Ofce Margaret Rose Executive Director Caribbean Procurement Institute

FACULTY
Dr. Derrick McKoy Chairman of the Competition Commission Jamaica, UWI (Mona) Campus Law Lecturer, (Former Contractor General Jamaica) Shahid Minto (formerly Procurement Ombudsman) Andrew Goddard QC, Atkin Chambers

CARIBBEAN PROCUREMENT INSTITUTE (CPI) was incorporated in December 2006 with head ofces in Port of Spain, Trinidad and Tobago providing specialized training and consultancy services in the eld of procurement. CPIs mission is to educate leaders and specialists to achieve excellent standards in procurement and to maximize value for the benet of their organizations and the public good. CPIs focus is in developing the innovative integrated model for procurement education which recognises the cross-disciplinary nature of the function of procurement. Over the last few years, based on its cross-disciplinary philosophy, CPI has established a faculty of some of the most innovative thinkers and leading international and regional experts and academics in procurement, law, economics, nance, and risk and has designed and delivered world-class, culturally relevant professional development training programmes throughout the Caribbean.

Eddy Jin, Director, Procurement Services University of Toronto Diana Magnus, Manager, Marketing and Communications, Procurement Services University of Toronto The Hon. Justice Gillian Lucky (Former High Court Judge, Trinidad and Tobago) Gilbert Peterson SC, Elidore Chambers Trinidad and Tobago

Osgoode Hall Law Schools Osgoode Professional Development offers both credit and non-credit programming to meet the life-long learning needs of lawyers and other professionals who need legal information. Osgoode Hall Law School is one of the worlds pre-eminent law schools. Osgoode Professional Development embodies the law schools commitment to meeting the educational needs of the broader community and has offered many continuing legal education programs for health care, law enforcement and other professionals.

Register online today at www.caribbeanprocurementinstitute.com

THE OSGOODE CERTIFICATE IN PUBLIC PROCUREMENT LAW AND PRACTICE COMMONWEALTH CARIBBEAN EDITION - OCTOBER 2011 REGISTRATION
I want to register as a Member of the Caribbean Association of Procurement Professionals (CAPP)
Name: Firm/Company: Address: City: Email: Telephone: Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by e-mail, indicate here. Fax: Country: Title: Practice Area:

Get a comprehensive grounding on how to manage the risks in this complex, high-stakes area

Fee Per Delegate

$3,995 USD plus 15% VAT for a total of $4,594.25. Early Bird Rate $3,795 USD plus 15% VAT for a total of $4,364.25 for all fully paid registrations on or before October 15, 2011. Fees include attendance, programme materials, continental breakfast, lunch and refreshments for each of the 5 days of the program and one year associate membership fees for Caribbean Association of Procurement Professionals (CAPP). The price does not include accommodations. Please inquire about group discounts, credit arrangements for public sector organisations and payment plans for professionals and students. Dress is business casual. Need accommodations? Check our website at www.caribbeanprocurementinstitute.com Payment Options Payment must be made prior to the program Cheque enclosed (payable to Caribbean Procurement Institute) Wire Transfer Payment (Please check out website for Wire Transfer details and/or contact us at [email protected]) Bill my credit card: VISA Mastercard Card# Signature: Payment Amount: Expiry:

Program Changes
We will make every effort to present the certicate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, the Caribbean Procurement Institutes liability is limited to reimbursement of paid fees.

Cancellations/Rainchecks/Substitutions
If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after October 10, 2011 will include an administration charge of $700 USD.

Location
Hyatt Regency Trinidad 1 Wrightson Road Port of Spain, Trinidad and Tobago

Certicate of Program Completion

You will receive a certicate upon completion of The Osgoode Certicate in Public Procurement Law and Practice. Participants must attend all program modules and satisfactorily pass the in-class assessment to receive a certicate.

For Further ProgramRelated Information

Please contact: Onika Wellington, Training & Events Coordinator at 1 (868) 624 4997 or email [email protected]

4 Convenient Ways to Register

1. MAIL your registration form to: Caribbean Procurement Institute 120 Abercromby Street Port of Spain, Trinidad 2. ONLINE at www.caribbeanprocurementinstitute.com 3. FAX your registration to 1 (868) 623 9455 4. CALL US at 1 (868) 624 4997

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