Articles

contract risk allocation

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 – a base of sautéed onions, celery and carrots that form the foundation of many French recipes. In contracts, the trinity of risk allocation is the limitation of liability, indemnity and insurance clauses. Together, this trinity […]

Public procurement

what is the difference between public and private sector procurement?

As a company that provides education in public procurement, this is perhaps the most common question that arises. While there are many similarities, the nuances of public legislation and free trade requirements create a procurement environment that is more regulated, demands a greater level of transparency, and requires vigilance to stay on top of the constantly […]

scc provides guidance on good faith in the exercise of contractual discretion

As procurement professionals know, contractual discretion is a double-edged sword: it leaves you in the driver’s seat, but almost certainly will lead to challenges when that discretion is exercised to the detriment of the other party to the contract. While the Supreme Court of Canada’s decision in Bhasin v Hrynew laid out some organizing principles […]

procurement risk management in post-covid-19 world

It would be an understatement to say that the sudden onset of a pandemic has challenged supply chain and procurement organizations across the globe.  Aside from securing emergency orders of critical supplies and services, many organizations have had to cope with a rapid move to online sales, planning, sourcing and managing critical contracts and projects, […]

FOI legislation - The Procurement School

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 can be released to outside parties once it comes into the hands of government. What I’ve heard from my clients: “What? No way. That’s all company confidential information! They can’t release that!” As procurement professionals, […]

Manipulation of Contracts Results in Fraud Convictions - The Procurement School

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, managed by the Department of National Defence (“DND”). A civilian employee and a contractor were convicted of fraud committed against the federal government, an offence under section 380(1) of the Criminal Code, after extensive internal […]

People working from home during COVID-19

re: covid-19

Staying Safe in Uncertain Times As many of our valued clients have now implemented pandemic protocols, we thought the following information from the Canadian Bar Association on the legal implications for the workplace might be useful: Here is also some useful information on the business and legal implications of Covid-19 from Blakes: With respect to […]

Implied Duty Of Fairness - The Procurement School

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 of the procurement process. Are there circumstances in which there is an implied contract between these bidders to treat each other fairly when responding to the procurement? Test your understanding of the convergence of contract […]