Government Procurement & Contract Management

Strengthening your procurement contracts: RFPs, RFQs and Tenders

EARLY BIRD OFFER SAVE $440

1 - 2 December 2014Sir Stamford Circular Quay

SYDNEY8 - 9 December 2014

Novotel BRISBANE

9 - 10 February 2014Stamford Plaza

MELBOURNE 12 - 13 February 2014

Adina Apartment Hotel PERTH

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COURSE FACILITATOR

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Dr Cyril Jankoff‘The Risk Doctor’

Cyril is a business improvement consultant, with a special focus on procurement and the management of contracts at all organisational levels. In the last 30+ years he

practiced as a CPA accountant, solicitor, commercial manager and business consultant.

The Government Procurement & Contract Management Masterclass will explore what government buyers seek, and how the procurement process functions ‘from end to end’. Gain an awareness of the key contract risk management issues that you may require in your work; and communicate effectively with procurement, sales, operations and legal departments and professionals.

Benefits for government and government owned enterprise participants • Safeguard against production and supply interruptions by enhancing the procurement process • Develop clear performance criteria that are workable for both vendor and purchaser • Gain insights on key problematic contract terms that can affect procurement objectives • Improve your ability to read and interpret procurement contracts • Enhance your skills on identifying, assessing and mitigating contract risks • Manage the negotiation process to ensure that there is a longer-term win-win outcome • Capture performance so that it can be optimally evaluated and monitored • Develop methods to reach an amicable and adequate contract renewal

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COURSE OVERVIEW ABOUT YOUR COURSE LEADER

This intermediate level course will consider how to strengthen the procurement process by effectively reducing contractual risks, costs and schedule delays through optimal procurement document development, evaluation, negotiations and performance management strategies.

The objective of this course is to enable local, state and federal government and government owned enterprise procurement participants to better manage the procurement process by being able to systematically predict and prepare for risks before they arise.

This program will be delivered via face-to-face modified lecture. It will incorporate individual activities and group activities, case studies and discussions to provide you with skills to:

TRAINER PROFILE

Dr Cyril Jankoff ‘The Risk Doctor’Cyril is a business improvement consultant, with a special focus on procurement and the management of contracts at all organisational levels. In the last 30+ years he practiced as a

CPA accountant, solicitor, commercial manager and business consultant.

He also practiced as a dispute resolution forensic accountant where he reported on the factual issues for lawyers and the dispute resolution adjudicator and saw the financial and human consequences when contracts were insufficiently thought out and managed. He has facilitated contract-type subjects since 1986.

He consults in the area of procurement and contract management and frequently facilitates public and in-house courses for procurement and contract management professionals both in Australia and internationally.

Cyril is on the Australian Advisory Council of the International Association for Contract and Commercial Management (IACCM), a US based contract management organisation. He is the IACCM contact for Australia.

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WHO SHOULD ATTEND

People with responsibilities for:

• Procurement

• Contracts

• Supply Chain and Logistics

• Operations

• Legal and Corporate Services

• Negotiation and drafting

• Sales

• Marketing

• Tender

• Administration

Government and government owned enterprises Dr Cyril Jankoff has directly worked with include:• Australian Transaction Reports and Analysis Centre (AUSTRAC)• Beechworth Health Centre• Box Hill Institute of TAFE• Central Queensland University• Charles Sturt University• City West Water • Comcover (the Australian Government’s general insurance fund)• Commonwealth Scientific and Industrial Research Organisation (CSIRO)• Coorangamite Catchment Management Authority• Department of Defence• Department of Human Services (DHS: Victorian Government)• Hume Medicare Local• Innovation and Business Skills Australia• Kingston City Council (Vic) Latrobe Community Health Service

• La Trobe University• Maribyrnong City Council (Vic)• Melbourne University• Melbourne Water• Monash University• Griffith University• National Gallery of Victoria• Nillimbik Shire Council (Vic)• Royal Melbourne Institute of Technology University• Shire of Roebourne (WA)• South West Catchments Council• Swinburne University• VicRoads• VicUrban• Victorian College of the Arts• Victorian Managed Insurance Agency (VMIA) (the Victorian Government’s general insurance fund)• Victoria University

Senior Contract Manger/Vendor Manager, City West Water

Cyril has an excellent understanding of contract management and delivers training in an interesting, easy to understand and entertaining manner. He is a true professional in his field

Testimonials

Teacher, Victoria University

Cyril made the course enjoyable and he is most entertaining. He also has the ability to explain complex issues in a very simple and practical manner

Director Supply Chain Operations, Australian Army

A well balanced course with good practical advice, underpinned by an appropriate content of theory

COURSE OUTLINE

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PROGRAMME DAY ONE9:00 Welcome and Introduction9:10 Session 1: Background to government contracting • The ultimate commercial and legal goals of a contract • Improving the maturity of your contracting people and process • Key governance, value for money, total cost of ownership and probity issues for buyers • Latest developments in professional procurement • When and where to invest contracting effort? • Ways to eliminate/mitigate risk Practical Activity One: Disputed variations to a major facilities management of capital equipment contract Practical Activity Two: Predicting inherent outsourcing contract lifecycle risks at your organisation Case Study: Which conveyor belt do we choose?10:10 Session 2: Key contract government lifecycle risks • Key outsourcing issues including ‘end to end’ procurement and ‘the total cost of contract’ • Risks at the different procurement lifecycle stages • Making outsourcing strategic rather than just operational • Governance and probity issues over the lifecycle • Effective management of contractors and subcontractors Activity: Key features of successful and unsuccessful procurement contracts Case study: Procurement disasters11:10 Morning Tea11:40 Session 3: Creating effective performance criteria: SLAs and KPIs • Determining effective SLAs, KPIs • Effective use of rebates and incentives • Ensuring that KPIs are legally enforceable • Performance criteria that will motivate suppliers • Key Dos and Don’ts when writing performance criteria • How not to set up a vendor for failure Activity: How to write a KPI for ‘quality’ Case Study: Support will be provided on a best efforts basis - KPIs and rebates will not apply12:40 Lunch1:40 Session 4: Key procurement legal issues • The evidence required to succeed in your dispute • How a common-law contract can become invalid and unenforceable • The obligation of the courts in relation to contracts • Key issues that relate to the operation of a contract, including terms, parties termination and breach and remedies • Key tender rules for government buyers from the Hughes Aircraft, Ipex, Wagdy Hanna and other key court cases • General problematic contract terms • Optimising efficient use of legal counsel in negotiations and in drafting contracts Group Discussion: Pinpointing common legal problems faced by non-lawyers Activity: Determine your 5 most important boilerplate terms. Case Study: But you said that you owned the intellectual property!2:40 Afternoon Tea3:20 Session 5: Selecting the best supplier response • Key criteria for selecting the best vendor • Qualitative and quantitative scoring techniques • What to look out for to get the best combined offer • What buyers need to focus on when selecting suppliers Activity: How to relieve RFP pain Case Study: Why did our tender selection go wrong? Government Speed Cameras Fiasco4:30 Close of Day One

PROGRAMME DAY TWO9:00 Welcome and Introduction9:10 Session 1: Evaluating risk in bids • Source of key procurement risks, including fraud • What to do with strategic and operational procurement risks • Risk review: both before and after award • Multiple versus single/sole source contract risks • Assessing the creditworthiness of the vendor • What you can do to improve your due diligence • Avoiding ‘Black Swan events’ Group Discussion: The supply chain is a major risk Activity: Developing a risk-based procurement / tender award strategy Case study: The high profile failure of the G4S Olympic security contract9:50 Session 2: Advanced negotiation techniques • Strategic negotiation planning • Prioritising resources for use on key negotiations • Negotiation styles and phases • Evaluating what is negotiable in the procurement process • Using laws to your advantage in the negotiation process • How probity affects the way government negotiate Group Discussion and Exercise: Analysis of a major negotiation on disputed variations Activity: Distinguishing common problems faced by inexperienced negotiators Case Study: You only get what you negotiate, and not what you deserve!10:30 Morning Tea11:00 Session 3: Monitoring and evaluating vendor performance • Strategies to resolve procurement contract disputes • Terminating a contract • Why making admissions is an insurance risk • Tax risks in dispute resolution • Performance Evaluation Activity: Review of managing contractor performance issues Case Study: I used the wrong dispute resolution method!12:00 Session 4: Renegotiating contracts • Key issues to consider in the renegotiation process • What is ‘adequate renewal time’ • Developing an end-of-term strategy • How government can improve its renegotiation • Keeping positive relationships both before and after the renewal negotiations Group Discussion and Exercise: What to do from a practical viewpoint if performance of a key vendor is deteriorating and renewal is approaching Case Study: A renegotiation that went very well (for the buyer)1:00 Lunch2:00 Session 5: Finance for procurement • Key elements of government financing • Business cases • Supplier and own financial strength • Pricing and costing • Management of funds and resources • Purchasing decision making techniques. Group Discussion: Key procurement lifecycle financial issues Case Study: The financial advantages and disadvantages of outsourcing3:00 Afternoon Tea3:30 Session 6: Action planning activity • Identifying key procurement risks in your contract risk management systems • Effective risk-countering strategies • Ways to prioritise improvement within your organisation for better contract risk management4:30 End of Day Two

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2 Day Masterclass

BRISBANE8 - 9 December 2014Novotel 200 Creek St Ph: +61 7 3309 3309

PERTH12 – 13 February 2014Adina Apartment Hotel33 Mounts Bay RoadPh: +61 8 9217 8000

MELBOURNE9 – 10 February 2014Stamford Plaza111 Little Collins StreetPh: +61 3 9659 1000

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SYDNEY 1- 2 December 2014Sir Stamford at Circular Quay93 Macquarie St.Ph: +61 2 9252 4600

10 Oct 2014 31 Oct 2014 21 Nov 2014

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19 Sep 2014

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