Tendering Law 2014

Rebroadcast
"Jump Start on CPD 2015": Tuesday, March 31, 2015; Time: 9:00 am – 4:00 pm

(Original course: Friday, October 24, 2014)

Who should attend: Lawyers working in large and small firms, in-house counsel, and those working with the Department of Justice; municipal officers, architects, engineers, urban developers, and consultants.

Learning level: All levels

Tendering—in practice and on the ground
Tendering is an area which crosses several areas of legal practice and multiple professional disciplines. This course focuses on the legal issues in tendering that affect construction, business, and municipal law. The course will provide a solid grounding in tendering law, a case law update, detailed information on the key aspects of tendering, and tenders vs. RFPs. An optional early session on the fundamentals will prepare you for the day. This is your hands-on guide to applying the law of tendering in practice and on the ground.

At this course you will receive...

• a solid grounding in tendering law
• a case law update and discussion of recent decisions
• practical guidance to applying the law in practice and on the ground

Law Society of BC CPD Hours: 6 hours. *If you complete the optional session on The Fundamentals, you will obtain 1 CPD hour for a total of 7 hours (the regular day from 9:30 am – 4:30 pm will involve a minimum of 1 hour of professional responsibility and ethics, client care and relations, and/or practice management).

Course Chair
Norm Streu — President and COO, LMS Reinforcing Steel Group, Vancouver

Pricing
Rebroadcast
"Jump Start on CPD 2015"
EARLY BIRD (Register by March 3, 2015 and SAVE): $405
After March 3, 2015: $450

CLEBC Program Lawyer
Teresa M. Sheward
tsheward@cle.bc.ca

Course Chair
Norm Streu — President and COO, LMS Reinforcing Steel Group, Vancouver

About the Course Chair
 Norm Streu is the President & COO and co-owner of LMS Reinforcing Steel Group, one of the largest construction companies in Western Canada. Norm is well-known in the construction industry and has served as chair of the board of the Vancouver Regional Construction Association, director of the British Columbia Construction Association, and chair of the Construction Law Section of the BC Branch of the Canadian Bar Association. Prior to joining LMS, Norm enjoyed a successful career as a partner and practice group leader in the Construction & Engineering law group at the Vancouver law firm Alexander Holburn.

Norm was the co-author of CLEBC's Annotated Builders Lien Act of British Columbia and a co-author of the British Columbia Builders Lien Practice Manual. He co-writes a regular column entitled “Legal Reinforcement” in the Journal of Commerce, and co-writes a regular column in Business in Vancouver called “Legal Specs”. In 2008, Norm was awarded the LMA Helm Young Lawyer Award.

Faculty
Ryan R. Chalmers — Dentons Canada LLP, Vancouver
Tyler Galbraith — Jenkins Marzban Logan LLP, Vancouver
Christopher E. Hirst — Alexander Holburn Beaudin + Lang LLP, Vancouver
David W. Little — Fasken Martineau DuMoulin LLP, Vancouver
J. Marc MacEwing — Shapiro Hankinson & Knutson Law Corporation, Vancouver
Karen Martin — Dentons Canada LLP, Vancouver
Matt Mulligan — Bull, Housser & Tupper LLP, Vancouver
Owen D. Pawson — Miller Thomson LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

Welcome and Introduction

Norm Streu — President and COO, LMS Reinforcing Steel Group, Vancouver

Fundamentals of Tendering

• the law before the Ron Engineering decision
• the Contract A and Contract B analysis
• privilege clauses
• the “nuanced” view of costs
• bid shopping
• RFP vs. tender
• damages

Christopher E. Hirst — Alexander Holburn Beaudin + Lang LLP, Vancouver

Full Welcome and Introduction

Norm Streu — President and COO, LMS Reinforcing Steel Group, Vancouver

Case Law Update

• review of recent tendering law cases and what they mean for your practice

Karen Martin — Dentons Canada LLP, Vancouver

Networking Break

What to do When the Call Comes In

• basic principles you must know
• what to do when a tendering owner calls
• what to do when a consultant calls
• what to do when a bidder calls
• conflicts—do you act for other bidders?
• what to review?
• checklist of essential questions to ask
• is this a competitive tender situation?
• has the winning bidder been selected yet? can you prevent the selection?
• is the bid compliant?
• are the other bids compliant?
• if there was a mistake by a bidder, was it obvious?
• was there a breach of the duty of fairness? (what is the meaning of fairness?)
• was the selection of the winning bidder made in good faith?
• is there an exclusion of liability clause?

Tyler Galbraith — Jenkins Marzban Logan LLP, Vancouver
Karen Martin — Dentons Canada LLP, Vancouver

Networking Lunch

Drafting for Success: Best Practice Top Ten

• what is success in procurement from the owner or bidder perspective?
• why drafting matters: the meaning of Contract A, implied obligations, and the importance of clear procurement documents
• the Top Ten best practice points for procurement documents including
  • limit of liability
  • use of references
  • confidentiality (i.e. may be better to short-list to trusted proponents first)
  • bid security and conditions of forfeiture
  • how complete the contract B should be in a tender vs. proposal, related to negotiation and evaluation
• best practice points in the tender/proposal including
  • complying with requirements

David W. Little — Fasken Martineau DuMoulin LLP, Vancouver
J. Marc MacEwing — Shapiro Hankinson & Knutson Law Corporation, Vancouver

Tendering vs. RFP vs. Hybrids

• distinctions between RFP and tender processes
• rules to play by
• fairness, openness, and transparency: what are the legal requirements?
• hybrid processes and creative solutions
• drafting tips

Matt G. Mulligan — Bull, Housser & Tupper LLP, Vancouver
Douglas R. Sanders — Borden Ladner Gervais LLP, Vancouver

Networking Break

Public Procurement

• public procurement generally and design-build specifically as a delivery method
• a brief background fundamentals of public procurement
• choosing the procurement model
• tying submissions to the evaluation criteria
• special procurement details including honoraria, waivers, exception clauses
• the evaluation team formation, advisors, and bias
• evaluation details including the manual, scoring, and weighting
• post award aspects and debriefings

Owen D. Pawson — Miller Thomson LLP, Vancouver

Legal Risks in Creative Procurements and How to Minimize Them

• creative approaches to the process
• optimizing your procurement
• collaboration and innovation
• effectively managing bidding and tendering risks when forming and negotiating construction contracts
• evaluation

Ryan R. Chalmers — Dentons Canada LLP, Vancouver

Questions and Discussion