Correct the Evaluation Defect or Allow the Bid Validity Period to Expire - The Procurement School

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 than attempting to correct the issue, the procuring entity has simply let the bid validity period expire and then started the procurement process anew. Have you ever wondered if this is the most appropriate way […]

Trends that will Shape Canada’s Procurement Landscape - The Procurement School

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 the impact of the new trade agreements in Canada. When the single point of access (“SPA”) mechanism is implemented by the Federal government then all bidders will be able to see all opportunities in Canada, […]

25 Million Claim for Damages in Competitive Dialogue Process - The Procurement School

$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 a competitive dialogue process – the owner must act fairly and in accordance with the terms, and the bidder must comply with the requirements of the RFP that commences the process, regardless of whether Contract […]

Are Public Tender Openings Still Relevant? - The Procurement School

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 practice. What are your thoughts on this? Answer: Thanks for your question, this is a common one. In a recent informal poll of 20 public sector purchasing professionals, roughly 20% said their organization still open […]

Wrongful dismissal - The Procurement School

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’ bids, to the incumbent, and socializes with that incumbent before and during the procurement process? Can the employer fire this employee for cause, and therefore pay no damages? Test your understanding of the intersection of […]

The principles of vested outsourcing - The Procurement School

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 – a low level of internal client satisfaction. This is primarily due to the historical focus on getting the lowest cost rather than improving the overall service delivery. Traditional outsourcing RFPs are an inside-out view of […]

Unsuccessful Incumbent Challenges Loss of Contract - The Procurement School

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 desirable requirements in a Request for Proposal. It also reviews the standard applied by the court during a Judicial Review, as well as the impact of specific discretion clauses in procurement. Background Aquatech operated water […]

Hand stopping falling dominos

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 […]

Supreme Court of Canada

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 YKCA 10 will know that the Yukon Court of Appeal dismissed a claim for damages filed by an unsuccessful proponent for court reporting services. The RFP incorporated a two-stage evaluation process under which proposals not […]

Contract value disclosed after canceled - The Procurement School

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 Department of Public Works and Government Services (“DPWGS”) on behalf of the Department of National Defence (“DND”) issued a Request for Proposals for supplying 16 replacement electro-hydraulic marine cranes for the Royal Canadian Navy’s Halifax […]