Government Procurement, 3rd Edition
Publisher: LexisNexis Canada
Reduce the Threat of Bid Litigation
Government procurement is designed to open a level playing field for suppliers. As deals keep getting bigger and stakes keep getting higher, public institutions need to get the job done right. Failing to do so can lead to lengthy litigation, unfavourable audits and detrimental media coverage.
Government Procurement, 3rd Edition strips away the complexities of procurement issues for public institutions and their private sector suppliers. Author Paul Emanuelli draws from the latest lawsuits, treaty developments, auditor reports and headline news stories, including recent procurement scandals that have increased scrutiny over institutional governance.
- Case law -bringing clarity to an extremely litigious sector with summaries and commentary on all Canadian International Trade Tribunal determinations and court cases from across Canada
- Critical trends -such as the rise of administrative law judicial review challenges to the government tendering process and sole sourcing decisions
- Practical advice -recommendations for how to improve government procurement practices at an institutional level, as well as at project and transaction-specific levels
New in This Edition
- In-depth analysis and explanation of 100+ new cases, including the impact of major Supreme Court of Canada decisions:
- Design Services Ltd. v. Canada -subcontractor claims against purchasing institutions
- Tercon Contractors Ltd. v. British Columbia - uncertainty of liability disclaimers
- Northrop Grumman Overseas Services Corporation v. Department of Public Works and Government Services ? right of foreign bidders to sue Canadian public institutions
- Canada (Attorney General) v. Telezone Inc. - right of regulatory licence applicants to sue under the law of tenders
- Extensive cross-Canada survey of the latest court decisions and Canadian International Trade Tribunal determinations dealing with critical issues, including the scope of Contract A, negotiated RFPs, privilege clauses, liability exclusions, disclosure duties, substantial compliance, clarification rights, bid repair, hidden criteria, unfair evaluations, bias, conflict of interest, bid shopping, sole sourcing and improper specifications
- Summary of Auditor General reports from across Canada highlighting breaches of procurement protocols
A First Point of Reference For
Table of Contents
- Public sector lawyers who are seeking a practical, accessible guide on the legal rules that apply to the competitive bidding process in Canada
- Public sector purchasing professionals who need to keep pace with emerging due diligence standards for the tendering cycle
- In-house counsel for private sector suppliers of Canadian public sector contracts who need to understand the current public sector procurement landscape when bidding on public projects
- Private sector purchasing professionals who are looking at the highly evolved public sector procurement model to help organize their own purchasing activities
Chapter 1: Introduction
Chapter 2: The Canadian International Trade Tribunal
Chapter 3: The Supreme Court's Dual Procurement Paradigms
Chapter 4: Implied Duties and Express Rights
Chapter 5: The Disclosure Duty
Chapter 6: The Duty to Reject Non-Compliant Tenders
Chapter 7: The Duty to Conduct a Fair Competition
Chapter 8: The Duty to Award to the Winning Bidder
Chapter 9: The Duty to Award the Contract as Tendered
Chapter 10: Remedies
Chapter 11: Practical Considerations
Chapter 12: Future Considerations
Paul Emanuelli is recognized by Who's Who Legal as one of Canada's leading procurement lawyers. He is the General Counsel and Managing Director of the Procurement Law Office, which was ranked by Global Law Experts as Canada's top public procurement law firm. His portfolio focuses on major procurement projects, developing innovative procurement formats, negotiating commercial transactions and advising institutions on the strategic legal aspects of their purchasing operations. Mr. Emaunelli also has an extensive track record of public speaking, publishing and training.
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