Blogs

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 […]

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 […]

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 […]

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 […]