Agenda - October 29th, 2019


Welcome and Introduction by PBLI


Chairs' Welcome and Introduction


John Logan, Q.C.

Jenkins Marzban Logan LLP


David Mckenzie

Jenkins Marzban Logan LLP



Legal Update


Karen Martin

Dentons Canada LLP


Geoff Bowman

Dentons Canada LLP


  • Overview of the legal landscape surrounding procurement
  • Recent pronouncements from the courts
  • Update on procurement treaty obligations



Questions and Discussion


Refreshment Adjournment


What Is This?


Chris Moore

McLean & Armstrong LLP


Mike Preston

McLean & Armstrong LLP


  • Is it an RFP or a tender?
  • At what point is the owner on the hook?
  • Priviledge/Discretion/Exclusion clauses - how are they applied?



Questions and Discussion


Negotiations Gone Wrong


David Mckenzie

Jenkins Marzban Logan LLP


  • After an LOI is issued - what is the effect?
  • When does a construction agreement form? What certainties are necessary?
  • JV negotiation issues

      - Why a JV? What the benefit and what are the potential risks?

      - Joint proposal risks - complications when one team member backs away



Questions and Discussion


Networking Lunch


What to Do (After Submitting the Bid) When You've Made a Mistake?


Tyler Galbraith

Jenkins Marzban Logan LLP


Rachel Mockler

Flatiron Constructors


  • When is a bid materially non-compliant?
  • From the perspective of the bidder, what do you do when you realize you have made a mistake in your bid?
  • From the perspective of the owner, what do you do when you realize the bidder has made a mistake in its bid?
  • From the perspective of a bidder, is it ever worth submitting a materially non-compliant bid?



Questions and Discussion


Refreshment Adjournment


Post-Bid: The Owner's Perspective

Marina Pratchett, Q.C.

Fasken Martineau DuMoulin LLP

  • Evaluation criteria
  • Cancelling and retendering - what can you do about it?
  • Communicating with bidders pre-award
  • Good faith in tendering? What about Bhasin?
  • The role of a Fairness Monitor
  • Alternate or separate prices and unit prices
  • Use of the privilege clause
  • Public sector vs. private sector



Questions and Discussion

   3:40 Post-Bid: The Bidder's Perspective

J. Marc MacEwing

SHK Law Corporation


  • The successful bidder

     - The finality of Contract B

     - Post-tender negotiations (vs. change orders_

  • The unsuccessful bidder

     - What to do when you know the Owner is about to award to the wrong bidder?

     - Privilege clauses and tender claims

     - Exclusion clauses


   4:30 Questions and Discussion
   4:40 Chairs' Closing Remarks
   4:45 Program Concludes