CLE Online

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