Resources

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 […]

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 […]

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 […]

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 […]