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 […]
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 […]
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 […]
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, […]
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 […]
Are you facing supplier disruption and potential contract cancellation as a result of the recent pandemic announcement? Wondering if your organization has the right to cancel or terminate its own contract commitments related to upcoming events given the suggested restrictions on group gatherings? The first thing to understand is that there is no common law […]
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 […]
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 […]
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, […]