Blogs

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 […]

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 be actively involved in managing agreements after they are signed. The reality is that, once signed, contracts should not be simply filed and forgotten; but instead actively managed and administered from “cradle to grave”. When […]

What is Integrated Project Delivery - The Procurement School

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 one such discussion, I made a point of stating the obvious, “I know how important this client is to your business.” He quickly corrected me, saying: “No, to our business.” What is IPD? Integrated project […]

Competitive Dialogue Process by University Health Network - The Procurement School

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 to proceed to procure? Have you wanted to seek the expertise of the suppliers in the market and have an open discussion in an exploratory and transparent way? And is senior management at your organization […]

Spotlight On Legal Risk - The Procurement School

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. On July 1 the Canadian Free Trade Agreement (CFTA) and on September 21 the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) came into force. Both trade agreements have a significant impact on procurement in […]

When can an owner close a process and re-tender - The Procurement School

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 water treatment facilities (RFQ#1). ASI Group Ltd. (“ASI”) was the lowest compliant bidder at the public opening for RFQ#1, but the City elected to cancel that process and re-issued the RFQ in April 2014 for […]