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Our newest seminar,Complying with the New Trade Treaties, will be offered at the Atlantic Public Purchasing Association (“APPA”) annual conference in Saint John, NB, on October 18-19, 2017.  This seminar is essential training for procurement professionals practicing in the public sector and will provide comprehensive training on the new open competition requirements, anti-avoidance rules and exemptions, and bid dispute protocols.

Please visit the Atlantic Public Purchasing Association website for more details on the conference.

Overview of the Course

Effective July 1, 2017, procurement professionals practicing in the public sector will be impacted by recent trade treaty developments flowing out of the new Canadian Free Trade Agreement (CFTA) and Canada-Europe Comprehensive Economic & Trade Agreement (CETA). These changes are more comprehensive than anything we’ve seen over the last 25 years. Will you be ready?

This seminar is essential training for procurement professionals practicing in the public sector and will provide comprehensive training on:

1. Open and fair competition

2. Anti-avoidance rules and exemptions

3. New bid dispute regime

4. Canadian International Trade Tribunal (CITT) as a case study in treaty enforcement and interpreting the treaty requirements

Open and Fair Competition

Drawing on the general protocols contained in the new trade treaties, this module covers:

  • open, fair and transparent competition duties
  • contract value thresholds
  • tender call posting, disclosure and amendment rules
  • tender evaluation, award and debriefing duties
  • bidder prequalification and debarment protocols
  • the use of buying groups, negotiated RFPs and electronic auctions

Anti-Avoidance Rules and Exemptions

Highlighting the main anti-avoidance protocols contained in the new trade treaties, this module covers:

  • trade treaty rules relating to valuation and contract splitting
  • local preference and Canadian content
  • prohibited practices (biased specifications, unfair requirements, unnecessarily restrictive criteria and conflict of interest)
  • standard exemptions (confidentiality, security, urgency, small business set-asides, entrenched incumbents and sole source exclusions)

The New Bid Dispute Regime

Detailing the formal bid dispute enforcement rules contained in the new trade treaties, this module covers:

  • key differences between local bid dispute protocols, provincial bid protest panel procedures, and the new treaty-based formal bid dispute enforcement mechanisms
  • the due process rules contained in the new trade treaty enforcement regime (document disclosure and discovery rules, the right to representation, and more)
  • the substantive remedies contained in the new enforcement regime (contract award suspensions and compensation for losses or damages)

The CITT’s Role and Jurisdiction

Serving as a case study in formal trade treaty bid dispute mechanisms, this module covers the role, jurisdiction and enforcement powers of the CITT with topics including:

  • the scope of the Tribunal’s jurisdiction
  • procedural remedies including re-draft, re-evaluation and contract termination orders
  • financial remedies including bidding costs, complaint costs and lost profits awards

This seminar will study leading Tribunal case studies dealing with the trade treaty duties that now apply across all levels of government in Canada, including cases covering the expanded posting requirements, debriefing duties, biased and unfair specifications and sole source challenges. It will highlight the implications of these changes with practical takeaways for your day-to-day activity.

 

Instructor: Paul Emanuelli

Paul Emanuelli is in his 20th year practicing public procurement law, and has extensive experience working with all levels of the public sector on treaty compliance issues. Paul is the General Counsel and Managing Director of the Procurement Law Office and is ranked by Who’s Who Legal as one of the ten leading public procurement lawyers in the world. Additionally, his firm was selected by Global Law Experts and Corporate International as Canada’s top public procurement law firm.

Paul hosts the Procurement Law Update webinar series and has trained/presented to thousands of procurement professionals from hundreds of institutions internationally.  This course will feature brand new content from the fourth edition of his Government Procurement textbook.