Treaty Compliance: Rebooting Public Sector Procurement with SCMAO
September 10, 2018 - September 11, 2018
We are pleased to announce that Paul Emanuelli will be presenting a two-day workshop on the trade treaties in Toronto, Ontario, September 10-11, 2018.
This seminar will survey 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 activities and will include the following topics:
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; (iii) 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
Distilling the main anti-avoidance protocols contained in the new trade treaties, this module covers:
- the trade treaty rules relating to valuation and contract splitting;
- local preference and Canadian content;
- prohibited practices including biased specifications, unfair requirements, unnecessarily restrictive criteria and conflict of interest;
- standard exemptions including 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:
- the 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, including document disclosure and discovery rules, the right to representation, and the requirement of live public hearings;
- the substantive remedies contained in the new enforcement regime, including 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 Canadian International Trade Tribunal with topics including:
- the scope of the Tribunal’s jurisdiction;
- procedural remedies including re-draft, re-evaluation and contract termination orders; and
- financial remedies including bidding costs, complaint costs and lost profits awards.