Page 46 - CCCA 270450 Magazine_Fall 2017_for web

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on time And on Budget

By John L. MacLean, CIC.C

Kugaaruk, Nunavut, lost its only school to fre on February 28, used a restricted invitational tender for
2017. Because replacing a school in a remote arctic community the portable classrooms. In the design-
build RFP, we inserted cut-off dates for
takes at least three years, the government of Nunavut launched things such as questions and answers and
two procurement processes: the frst for portable classrooms to translation requests because we couldn’t
extend the submission deadlines.
be shipped on the annual sealift and the second for a design-
build contractor to build a permanent school. 3. develop (and refne) templates
We’ve worked with our purchasing de-
partment to develop a suite of procure-
his is one of the tougher projects I’ve Purchasers have a duty to disclose all ment templates and standard contracts for
worked on in seven years with the material aspects of the contract. In simple just about everything we purchase. This
tGovernment of Nunavut, as there language, tell bidders what they need to ensures we have consistent procurement
really is no room for error. One week’s know. Sometimes you may need to retain practices and we comply with our regula-
delay could mean that we miss the one a subject matter expert to help write your tions and trade agreements. It also means
sealift boat heading to Kugaaruk this specifcations. procurement offcers only have to seek le-
year. If we miss the boat, the materials When you’re writing your specifca- gal review if they’re changing the template.
won’t get there in time for the short con- tions or terms of reference, always keep With templates, it’s easier to respond to
struction season. While every delay costs the end users in mind. In an open, fair emergencies because a lot of the work is al-
money, there are other more signifcant and transparent procurement process, ready completed. We were able to meet the
costs: students will continue to go with- bidders know exactly what’s expected of tight timelines for the Kugaaruk contracts
out their school, and the community them. Put the mandatory requirements because the same team who wrote our frst
without a vital hub for activities. front and centre. Provide bidders with design-build RFP re-assembled to revise
Although some things (in my case, the information they’ll need to prepare a and refne it for the Kugaaruk project.
weather and ice conditions) are beyond quality submission. Make the document In some cases, we retain external legal
your control, most delays during the pro- user friendly by, for example, numbering counsel to assist us with templates. This
curement process are preventable. When I the pages and paragraphs. allows us to leverage the expert advice
meet with my clients at the beginning of This step takes a lot of time but it’s over multiple procurement processes.
a project, I tell them an on-time and on- worth it. It’s much easier for bidders to re- All three steps involve a lot of work by
budget procurement process begins with spond to a well-crafted RFP or tender. It’s the purchasing, legal, fnance and client
three things: also much easier—and faster—for you to departments. However, it pays dividends
evaluate well-written bids. in both quality and outcomes. Better pro-
1. Write Clear, Complete specifcations curement documents result in better pro-
Unclear or poorly written specifcations 2. Be organized posals, which generally mean better end
ultimately create more work for the evalu- On-time delivery begins at the planning results. Bad contracts seldom fnish on
ation panel. Responding to questions and stage. Map out all the critical stages of the time or on budget. ❚
clarifying the proposal documents by writ- project from beginning to end, including
ten addenda take time. In some cases, the any necessary regulatory approvals. Make
entire process may even have to be cancelled sure people critical to the project are there John L. MacLean, CIC.C, is
and restarted. If a contract is awarded based when you need them. Allow extra time if Legal Counsel with the Nunavut
Department of Justice in Iqaluit.
on unclear specifcations, there’s a good you’re using a new procurement method. He is a graduate of the CCCA’s
chance unsuccessful proponents will chal- Sometimes, business as usual won’t Business Leadership Program for
lenge the entire process in court. work. With the Kugaaruk contracts, we In-House Counsel.

46 CCCA MAgAzINE | FALL 2017 AutOMNE