foi legislation: the cost of doing business with the public sector?
Suppliers doing business with the public sector may be in for an unpleasant surprise when they learn that their information...
manipulation of contracts results in fraud convictions
Criminal convictions resulted from contract awards for heating plant repairs over a four year period at the Shearwater military base,...
covid-19 and force majeure clauses
Are you facing supplier disruption and potential contract cancellation as a result of the recent pandemic announcement? Wondering if your...
re: covid-19
Staying Safe in Uncertain Times As many of our valued clients have now implemented pandemic protocols, we thought the following...
does one bidder owe another bidder an implied duty of fairness?
In large recurring procurements, it is not uncommon for the same bidders to respond, and to have business dealings outside...
correct the evaluation defect or allow the bid validity period to expire?
You may have encountered a situation where some defect in the evaluation process has been identified after closing and, rather...
6 procurement trends that will shape Canada’s landscape in 2020
Expanded Impact of Trade Agreements Although they have been in place for two years, we are just beginning to see...
$25,000,000 claim for damages in competitive dialogue process
A recent decision of the Ont. Superior Court of Justice considers the respective obligations of an owner and bidders in...
faq: are public tender openings still relevant?
Question: Our organization continues to hold public openings for construction tenders, but I’m wondering if this is still a best...
is an employee’s communication with proponents grounds for dismissal?
What happens when the key employee running a procurement process sends information about an RFP, including the pricing of opponents’...
vested outsourcing: people behave in the way they are rewarded
Most public sector organizations outsource services, from catering and custodial to consulting expertise, but most share a common problem –...
unsuccessful incumbent challenges loss of contract
A recent decision of the Alberta Court of Queen’s Bench reinforces the importance of a clear delineation between mandatory and...
the trinity of risk allocation in contracts: limitation of liability, indemnity, and insurance
My husband, the cook in our household, often speaks of the holy trinity of French cuisine – the mirepoix –...
new supreme court of Canada ruling upholds unfairness exclusion clause in rfp process
Legal Edge readers who have been following the recent court decisions in Mega Reporting Inc. v Yukon (Government of), 2018...
what should happen if an rfp is cancelled after the contract value is disclosed?
Hawboldt Industries v Department of Public Works and Government Services, CITT April 27, 2018 PR-2017-045 Background In June 2017, the...
faq: why must I provide notice prior to termination of a contract?
Given that there is no perfect contract and that changing circumstance is inevitable, good contract management dictates that business professionals...
integrated project delivery (“ipd”) – sharing risk & reward
Early in my career, I had many discussions with my former boss and mentor about client and file management. During...
what’s working for you? competitive dialogue process by university health network
By Juli Smyth and Debby Shapero Propp Is your organization confronted with large complex projects and not sure which way...
procurement and trade agreements: a practical perspective on cfta and ceta
Each New Year is a time to reflect. In 2017 at least two changes occurred that affect supply chain practices....
when can an owner cancel a process after closing and re-tender the same project?
Background In February 2014, the City of Toronto (“the City”) issued a Request for Quotations for diving services at its...
applying a batna to workplace relationship conflicts
By Gordon White, the conflictjourney.com Think of your BATNA (Best Alternative to Negotiated Agreement) as your plan B. If everything...
11 costs to consider in the procurement planning stage
Direct and Indirect Procurement Planning Costs When procuring goods, some of the direct and indirect costs to include when preparing...
can a commercial contract be perpetual?
By Lise Patry BA | Sc | LLB | ICD.D | NECI Instructor As part of our NECI courses we...
the power and the peril of the privilege clause
By Lindsay Parcells LLM, LLB, MBA As procurement professionals know, Canadian courts have established a clear duty on the part...
what’s a gpo and why should you care?
By Lise Patry, BA | Sc | LLB | ICD.D | NECI Instructor| Patry Law A group purchasing organization, or...
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