Bid responsiveness, clarification and equal treatment under procurement rules
Federal or relevant provincial procurement rules, bid conditions and equal treatment govern clarification.
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Public Procurement & Government Contracts
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Evaluation Criteria, Bid Comparability and the Procurement Record
A tender may attract technically capable bidders yet produce a challenge because the procuring agency applied a test that bidders could not identify from the published documents.
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From Tender Grievance to Contractual Claim: The Change of Forum
A contractor's dispute with a public authority can begin in the tender room and end in arbitration over unpaid milestones. The forum that can correct an unlawful tender evaluation is not necessarily the forum that can decide a later variation or termination claim. Recognising that transition prevents.
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Bid Security, Performance Security and Blacklisting: Different Powers and Remedies
A bidder may lose its bid security, a contractor may face a call on a performance guarantee and a supplier may be threatened with blacklisting. These events are frequently discussed as though they are interchangeable sanctions. They arise from different sources of authority and attract different procedures.
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Challenging a Public Procurement Decision: The New Federal Rules and the Continuing Relevance of the 2004 Regime
A disappointed bidder may believe that a procurement decision was unfair, technically erroneous or influenced by improper considerations. That belief is not, by itself, a legal ground for setting aside the process. A procurement challenge must identify the governing rules, a particular breach, its effect on the bidder's rights and the remedy available at the stage the.
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