Contract Management is often thought to be the last step in the Procurement life cycle but instead it is both the beginning and end of the procurement cycle and it provides a constant feedback loop. The following article discusses the various steps of contract management and its role in procurement efficiency. But first a definition […]
Introduction: In the realm of Canadian public sector procurement, understanding the fundamental principles of contract law is essential for ensuring fair, transparent, and effective practices. This article delves into the core concepts of Canadian contract law and examines their practical applications within the context of procurement. By exploring the interplay between legal theory and real-world […]
Author : Chris Sheel Delivering major capital projects on time and on budget has always been a challenging and elusive goal. Even more so now, seasoned professionals in the construction industry have seen budgets disrupted considerably by fluctuations in pricing and lead times that have shredded carefully drafted cost estimates and project schedules. Budgets previously […]
Author : Graham Allen Procurement planning is foundational to preparing and issuing a successful solicitation. The following article outlines the solicitation process and while not all steps have equal weight all steps should be considered. To quote Yogi Berra, the famous baseball player and coach: “If you don’t know where you are going, you’ll end […]
Author : Edward Claringbold Over the past three years, I have been the Procurement Lead for the First Nation Procurement Policy at my organisation. In late 2020, we took a bold step into the unknown by releasing the First Nation Procurement Policy, which was collaboratively designed and written with our First Nation Partners. Our aim […]
Author : Trish Rafuse As a seasoned public procurement professional you have likely taken your share of procurement related courses in purchasing. You probably have a procurement certification, or two, and are left wondering where your own professional development can go from here. Conversely you may be a newer procurement staff who are working though […]
Navigating the public procurement process can be challenging enough then add in Buying Groups, GPO’s or group purchasing organization, collaborative procurement initiatives, purchasing networks, collaborative sourcing partners, they go by so many names. They can be government agencies, not for profit organizations, or private companies. Some are membership based, national, regional, or sector specific. How […]
Author: Helen Doucette “Accept the bid from ABC Company” said the VP of Finance to the Director of Procurement. “I cannot” replied the Director. “Why not” asked the VP. “According to the Competitive Bidding Law of Canada, we can only accept compliant bids. ABC’s was late and deemed non-compliant. To accept the bid would put […]
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 […]
By The Procurement School Without effective communication, relationships with your procurement partners can quickly become stagnant. This and undoubtedly negatively impact your team’s vendor performance management strategy and outcome. To nurture a supplier relationship that optimizes outcomes for both parties, performance management should be an ongoing and continuous process. Relevant feedback delivered when the supplier […]
The procurement of IT components and services comes with its own unique set of challenges and responsibilities. This encompasses cyber security and other IT services, hardware, and software products. One must aim to meet all business requirements and maximize the value of spend. Below we offer best practices for mitigating the many different areas of […]
By The Procurement School A Statement of Work (SOW), also referred to as Statement of Requirements (SOR), is a detailed description of the goods and/or services to be supplied under a contract. The job of the document is to clearly stipulate all services and deliverables required to fulfill a contract by defining the tasks or […]
The era of whistleblowing and the need for transparency and supportive legislation in public procurement By The Procurement School Whistleblowers can change the world. And the world needs changing. As dramatic as it may sound, real change requires brave actions and loud voices. However, unveiling corruption and fraud can come with repercussions and grave consequences, […]
It is often said that the best defence is a good offence. This proactive thinking is prevalent throughout our public procurement training, emphasizing the importance of carving out adequate time to do effective procurement planning. Part of that planning should include considering strategies for selection of the ‘best value’ supplier – which will vary depending […]
It is easy for procurement professionals to understand that the best indicator of how a contractor will do in the future is how they have performed in the past, but very few are working with a credible, objective and fact-based system for collecting and utilizing this information on a regular basis. And given the specific […]
By The Procurement School On September 21, 2021, Justin Trudeau, Canada’s Liberal party leader, was re-elected with a minority Government. As Trudeau will be leading the country for the next 18 months, we thought we would look at what re-election means for public procurement. It seems the Liberals are investing heavily into keeping up with […]
As the effects of the global pandemic unfold, governments the world over are looking to procurement leaders to restructure supply chains that are agile and resilient as well as leverage technology to gain procurement efficiencies. This has led to increased positions and career opportunities for procurement professionals — thereby furthering the need for, and increasing […]
Integrated Project Delivery is a construction delivery methodology successfully in use for decades in the US and parts of Europe. It is currently gaining traction in Canada. what is integrated project delivery, or IPD? There are essentially four construction delivery method options a project team can choose from. These four include: design-build, design-bid-build, construction management […]
Author: Debby Shapero ProppWhether you are contracting to licence or acquire custom software, hardware, or related services, IT procurement creates unique challenges and is often associated with high costs, complexity, and a relatively high rate of failure. Improperly informed IT decisions can be costly. These challenges can be daunting even to the most seasoned practitioners. […]
When a contract is not performed as promised, the other party may have the right to claim damages for breach of contract. The amount of liquidated damages payable will depend on the terms of the contract and, if the contract is unclear, then on what can be established as ‘reasonable and provable losses’ flowing from […]
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 […]
In the last issue of The Legal Edge, we reported on the pivotal Supreme Court of Canada decision in Bhasin v. Hrynew, 2014 SCC 71, which expanded the organizing principle of the duty of good faith to include a “duty to act honestly” in general contractual dealings. While acting honestly and making sure that you […]
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 […]
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, […]