AGENDA OF THE 4 DAY SUMMIT AT A GLANCE

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

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

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

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

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

• 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

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

and other potential delegates who 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.

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

MANAGING KEY CHALENGES AND RISKS IN A TENDER PROCESS

10.25-10.45

NETWORKING TEA BREAK

10.45-11.45

SESSION2

• 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

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

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

FRAMEWORK FOR DEVELOPING WORKABLE CONTRACTS IN THE PUBLIC SECTOR

DEVELOPING A FRESH APPROACH TO CONTRACTS NEGOTIATIONS AND

LESSONS LEARNED

STRATEGIES FOR PREPARING CONTRACT DOCUMENTATION WITH CLARITY

AND PURPOSE

2.45-3.45

SESSION5

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

• 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

INDEMNITIES AND IMMUNITIES IN PUBLIC SECTOR CONTRACTS

REFORMING CONTRACT LAW IN AUSTRALIA

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

Liz Weeks, Defence Chief Procurement Officer, DEPARTMENT OF DEFENCE 10.00 -10.20 NETWORKING TEA BREAK 10.20 -11.20 SESSION8

• 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

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

CASE STUDY: SHARED SERVICES PROCUREMENT AND CATEGORY MANAGEMENT

ENHANCING EFFICIENCY OF CONTRACTS THROUGH VENDOR MANAGEMENT

GOING LONG: MANAGING THE RISKS OF A LONG TERM OUTSOURCING

CONTRACT

PROGRAM AGENDA Day2 Wednesday, 14th August

1.15-2.20 SESSION 10

• 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

• 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

• 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

PRACTICAL WAYS TO ACHIEVE EXCELLENCE IN YOUR CONTRACTS AND

PROCUREMENT MANAGEMENT PROCESSES

POST CONTRACT MANAGEMENT: WE HAVE THE CONTRACT, NOW WHAT

DEVELOPING AND MANAGING SERVICE LEVEL AGREEMENTS

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 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

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.

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

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!

Master class 1 and 2- Register by 15th July

Register after 15th July:

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

Register 3 delegates for the master class and

get a free pass for the 4th delegate to attend

any master class of their choice

_________________________________________________________________________________________________________________________________________________________

Please encircle your preferences

1st Delegate Conference Master Class 1 Master Class 2

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Title________________________________________________________________________________________

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2nd Delegate Conference Master Class 1 Master Class 2

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3rd Delegate Conference Master Class 1 Master Class 2

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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: Visa Amex Master card Bankcard

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

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Ltd@2013. All Rights Reserved

ABN 2710734453

Website : www.learningnetworks.com.au

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