Practice Notes

Open Tendering and Sole-Sourcing

Awarding contracts through open competition is the first principle of public procurement. As the following case studies illustrate, public institutions that bypass open tendering and engage in direct contract awards bear the onus of justifying those contracting decisions in the [...]

A Canadian Perspective on Sustainable Procurement

This article was presented at the Transatlantic Workshop on Sustainable Public Procurement in New York City, NY in April 2019. Download the presentation here. This discussion offers a Canadian perspective on sustainable public procurement and covers structural barriers to policy implementation and an [...]

Inside Advantage Breaches Trade Treaty Rules

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. As the following Canadian International Trade Tribunal cases illustrate, inside advantage can prejudice the fairness of a procurement process and [...]

Public Institutions Face Flurry of Unfair Advantage Disputes

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. Recent years have witnessed a rapid proliferation in the number of bid disputes dealing with conflict of interest and unfair [...]

Newsreel Reveals Global Bid-Rigging Pandemic

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. While bid-rigging, price-fixing, and collusion may appear to be isolated incidents that occur in other locales far removed from your [...]

A Survey of Leading International Procurement Standards

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The increasing economic integration created through the formalization of trading blocks and international trade treaties has led to the development [...]

Global Standards and Local Practices – A Global Overview

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. Depending on the level of formal harmonization, between one-half and three-quarters of the rules that apply to a public procurement [...]

Court Upholds Debarment of Arms Company Over Bribery Allegations

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2013 decision in Israel Military Industries Ltd. v. Union of India, the High Court of Delhi upheld [...]