Whether you are a legal professional or procurement officer, equip yourself with the tools and knowledge to drive best practice procurement and optimise your procurement processes while managing risks and liabilities. Understand the risks and issues that may arise with incumbent providers, unpack the theory and practical application of negotiation in Commonwealth procurement, and review the debarment regimes and tips on choosing the right evaluation criteria when assessing tenders to achieve a value for money outcome.
Attend an earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Philippe Lambert, Founder and Managing Director, Lambert & Co
- Incumbency in tendering
- What is the issue with incumbents and is it really an advantage?
- Early identification and procurement planning
- Can an entity engaged to assist with an early stage: bid for the main procurement
- Intellectual property issues with incumbent contractors: who owns what
- Extensions and variations under the procurement rules
- Other issues:
- Data rooms and data room access agreements
- Deeds of confidentiality
- Tranistion in/ transition out
Presented by Scott Alden, Partner, Mills Oakley
In conducting any procurement you are seeking a value for money outcome. To achieve this you need to select the right evaluation criteria.
- Commonwealth/State/Territory policy mandatory pass/fail criteria
- Relevant debarment regime
- Customer essential pass/fail criteria
- Appropriate evaluation criteria to rank tenderers with a view to achieving value for money
- Consideration of technical criteria
- Consideration of financial criteria
- Consideration of risk
- Putting the pieces together
- Mitigating a challenge from a disgruntled tenderer.
Presented by Alexandra Wedutenko, Partner, Sparke Helmore Lawyers
- Negotiation theory: positional bargaining versus principled negotiation
- Practical application: negotiations in a Commonwealth procurement policy context
- Lessons learned and practical examples
Presented by Rory Alexander, Partner, Aldermane; and James Evans, Associate, Aldermane
This session will provide an overview of the trends and themes in corruption in procurement and contract management observed by the National Anti-Corruption Commission since its establishment on 1 July 2023. Through a series of case studies, the presentation will outline vulnerabilities in systems and culture that led to corrupt conduct or maladministration and provide recommendations to prevent corruption and uplift integrity in procurement and contract management.
Presented by Leah Ambler, Director, Corruption Prevention & Education, NACC
Presenters
Philippe Lambert, Founder and Managing Director, Lambert & Co
Philippe is Lambert & Co’s founder and Managing Director with more than two decades of diverse international legal and commercial experience across Government, Defence and private sectors. He has advised on some of the Commonwealth’s most complex ACAT1 projects, and provided pro-bono advice for start-ups and training in developing nations. Philippe’s key areas of expertise include strategic procurement, end to end procurements, drafting proposals and tenders, tender evaluations, governance, contract management, contract reviews, probity, negotiations, dispute resolution, and training. He was a former Director of the IT consulting firm Inspired Corporation and a silent partner of the innovative cloud orchestration firm RONIN. Philippe is a qualified Lawyer (LLB, LLM (Merit)), Accountant (B.Comm) and Procurement professional (EMB(SP), MCIPS) and his previous senior executive roles include Deputy Counsel and Executive Director Contracting (HSD) for the Department of Defence (DMO/CASG), and Bupa’s General Manager Contracting.
Scott Alden, Partner, Mills Oakley
With over 25 years of experience, Scott specialises as a legal advisor on significant projects and procurements for government clients. Scott’s role of lead advisor to significant projects often incorporates legal and procurement expertise on the same transaction, as well as strategic probity advice. In recognition of his position as a leading government lawyer, Scott was one of the first Law Society Accredited Specialists in Government and Administrative Law, both Commonwealth and State (with a focus on government commercial and procurement transactions), and has been appointed by the Law Society of NSW as the Head Assessor for that Specialist Accreditation this year. Scott also writes and lectures two procurement courses for the Masters Programs at both College of Law and the University of Melbourne. Scott is currently on an international committee that is in the process of drafting international Modern Slavery guidelines. He is experienced in drafting and implementing key project documents including market sounding/engagement documents, industry briefings, RFTs, tender evaluation plans, tender evaluation reports, commercial.
James Evans, Associate, Aldermane
James is a trusted and experienced procurement and major projects lawyer, with a focus on Defence and Government procurement, and the acquisition and sustainment of complex military capabilities. He works from Aldermane’s Sydney office and provides pragmatic and commercial advice to our clients on all aspects of the procurement process, from the initial approach to market through to negotiation and contract award. James has experience advising Commonwealth agencies on compliance with Government policies and regulations; the review and drafting of key contractual risk areas under the ASDEFCON suite of contracts, including liability frameworks, indemnities, warranties, intellectual property and insurance; probity and compliance with procurement policy; and the evaluation of tenders and tender compliance. Prior to joining Aldermane, James worked in a large national law firm in Sydney.
Rory Alexander, Managing Partner, Aldermane
Rory is Aldermane's founder and managing partner. He is a specialist procurement and major projects lawyer, with a focus on Defence and Government procurement and the acquisition and sustainment of complex military capabilities. He works in Canberra and Sydney and provides pragmatic and commercially-minded advice to Commonwealth departments on all aspects of the procurement process, from the initial approach to market through to negotiation and contract award. Rory founded Aldermane because he wanted to serve his clients flexibly, and without the constraints of working in a traditional law firm. He is passionate about building a team of trusted and friendly advisors who are truly collaborative and outcomes-focused. With over 10 years’ experience in the legal industry, working for both public sector and private clients, Rory is able to balance his clients’ legal risks with their commercial and political realities. Rory provides advice to his clients throughout the whole procurement lifecycle, including: developing contract structures, project designs and procurement strategies, preparing approach to market materials and tender documentation, evaluating tenders for commercial and legal risks, negotiating contracts with preferred tenderers, including in relation to liability frameworks, indemnities, performance management, warranties, intellectual property and insurance, and managing contractual compliance during delivery. During his career, Rory has received the following awards and recognition for his work with Government clients: Finalist - 30under30, Government (2019), Rising Star - Australasian Lawyer Magazine (2020), Finalist - Defence Consultant of the Year, Defence Industry Awards (2023), Finalist - Government Partner of the Year, Partner of the Year Awards (2023 and 2024), Winner - Innovator of the Year, Australian Law Awards (2023) and Winner - Projects, Energy and Resources Partner of the Year, Partner of the Year Awards (2024). Rory holds a Bachelor of Business (Finance) and a Bachelor of Laws. He is admitted to the Supreme Court of NSW and the High Court of Australia, and is a practising member of the Law Society of the ACT and also holds an interstate practising certificate in NSW. Prior to founding Aldermane, Rory was a senior associate at the international law firm, Ashurst.
Alexandra Wedutenko, Partner, Sparke Helmore Lawyers
A leading Government and ICT lawyer as voted by Best Lawyers Australia and Chambers Asia-Pacific, Alexandra Wedutenko has an enviable reputation for her success in strategic procurement data protection and governance. Specialising in complex services agreements in a regulated environment, ICT, select sourcing and business process sourcing, Alexandra has acted for a range of private sector and government clients. She acts for and understands the requirements of clients in industries where security and availability of supply are critical. In this regard Alexandra regularly advises on risk identification and management, data protection and cyber security issues.
Leah Ambler, Director, Corruption Prevention & Education, NACC
Leah Ambler has previously served on the Australian Public Service Integrity Taskforce established by the Department of Prime Minister & Cabinet and as Director, Corruption Prevention at the former Australian Commission for Law Enforcement Integrity (ACLEI). Before returning to Australia in 2021, Leah was Manager, Asia Pacific Regional Outreach and Legal Analyst in the Anti-Corruption Division of the Organisation for Economic Cooperation and Development (OECD). Leah is a lawyer by training and started her career in DFAT’s International Law Branch. She has also served as Chair of the International Bar Association’s Anti-Corruption Committee and is a volunteer Primary Ethics teacher.