RFX Drafting and Reviews
Our team delivers fast, thorough and cost-effective legal reviews and drafting services to help clients prepare their tendering documents with greater speed and precision. We work with organizations to review draft RFX documents for specific projects, providing feedback, strategic advice and drafting support. For institutions seeking longer term solutions, we offer comprehensive template development packages, and the unique services of our Procurement SWAT Team, which delivers transaction-specific drafting training to help institutions build long-term efficiencies into their tendering cycles.
Whether we’re preparing the tendering document ourselves or guiding our clients through the drafting process, we emphasize a coherent drafting strategy that includes completion of an initial mapping statement, integration of RFX format selection into the early stages of document drafting, incorporation of technical specifications through a modularized architecture that allows for the proper alignment of specifications with pricing structures, streamlined mandatory requirements, clear ranking and selection criteria, and customized contract terms that properly integrate with the rest of the tendering documents.
Advice and Opinions
Our clients come to us when they need authoritative advice on complex procurement issues. Whether it’s a rapid response to an escalating emergency or a detailed analysis of the finer points of law, our advice helps institutions make informed decisions and reduce risks.
We have provided guidance to a broad portfolio of public institutions across Canada at all levels of government on such diverse issues as the use of requests for information and prequalification processes, privilege clauses, unfair advantage and bias in the bidding process, disclosure duties, tender compliance, clarification rights and bid repair, bid disqualification, fair evaluations, hidden criteria, bid shopping, the use of negotiated RFP processes, contract performance and termination issues, sole sourcing, local preference practices, fair wage policies, supplier boycotts, bidder barring protocols, arbitration processes and compliance with an extensive range of procurement treaties, statutes and directives.
Contract Drafting and Negotiation
Flexible, negotiated procurement formats reduce the risk of bid disputes and ensure that the purchaser gets the products and services it needs without being derailed by unforeseen technicalities in the tendering process. We demystify the selection, negotiation and award process used in negotiated RFPs and provide practical step-by-step guidance in preparing for open competitive negotiations, including advice on organizing substantive issues, identifying roles and responsibilities, clarifying negotiation plans, and building a bargaining binder. Our clients rely on us for both behind the scenes support and leadership at the negotiation table.
We bring the same expertise to the contract drafting phase, rapidly assembling comprehensive, readable contracts that accurately reflect the terms of the transaction and provide clear guidance throughout the post-award contract management stage.
We offer a number of flat-rate template development packages designed to update or overhaul an organization’s tendering documents, with an emphasis on tailoring treaty-compliant, flexible, low-risk formats that accelerate procurement while reducing exposure.
Drawing from our Procurement Playbook, we offer a flat-rate Template Overhaul package that provides a complete review and upgrade of an organization’s tendering documents. In addition to updating “Contract A” Invitation to Tender and RFP formats, we also tailor flexible low-risk formats that allow the organization to accelerate its tendering cycle while reducing exposure.
The Template Overhaul includes the following formats:
- Invitation to Tender
- No-Negotiation RFP
- Consecutive Negotiation/Rank-and-Run RFP
- Concurrent Negotiation/BAFO RFP
- Invitational Request for Quotation
- Open Request for Quotation
- Request for Information
- Request for Supplier Qualifications – Prequalification
- Request for Supplier Qualifications – Framework
Standard Contract Formats
We offer the following standard term contracts setting out the basic terms and conditions governing the awarded contract, to be used in conjunction with our tendering templates:
- Basic Commodities Purchase Order that sets out contract terms and conditions for the acquisition of basic commodities.
- Form of Agreement that includes standard contract terms and conditions for general deliverables, including basic goods and services, and incorporates the RFX document and successful bid or proposal by reference in a format intended to be formally executed by both parties.
- Letter Agreement that attaches standard contract terms and conditions to a form of selection letter that incorporates the details of the successful bid or proposal and is intended to be sent to the successful bidder or proponent for signature.
- Form of Master Agreement for Roster Framework for use with a roster of pre-qualified suppliers established through a Request for Supplier Qualifications process.
- Form of Master Agreement for Group Purchasing for use by multiple purchasing entities contracting with a single supplier.
Protocols and Procedures
After laying the foundation of a Procurement Roadmap Policy Framework that establishes clear roles and responsibilities and creates enhanced workflow efficiencies, we can also drill deeper and provide institutions with detailed guidance in specific aspects of the procurement process. Working closely with our clients, we develop protocols and procedures tailored to the unique demands of their organizations, including in the following areas:
- Internal Procurement Checklists
- Format Selection Protocol
- Document Drafting Protocol
- Competitive Phase Protocol
- Evaluation Process Protocol
- Debriefing Protocol
- Bid Protest Protocol
- Contract Management and Vendor Performance Tracking Procedures
- Bidder Barring Protocol
- Qualified Supplier Rosters Protocol and Procedures
For more information on any of these protocols and procedures, or to inquire about flat-rate pricing, please contact us.
Our innovative Snapshot Review quickly assesses an institution’s existing procurement practices against broadly recognized due diligence standards in eight critical target areas including institutional governance, project management, template development, document drafting, bidding risks, contract administration, institutional training and innovation. By measuring twenty-four due diligence indicators drawn from legal best practices, this analysis helps to identify problem areas so that resources can be properly directed to the concerns that require the most immediate attention.
The Snapshot Review is available as a stand-alone flat-rate service, or as part of our RAPID Action Plan.
RAPID Action Plan
Our RAPID Action Plan integrates key components from our due diligence services into a single cohesive strategy that is specifically designed to provide a fast, thorough and cost-effective method to accelerate procurement cycles and enhance compliance with due diligence obligations. Using our three-stage risk assessment, professional integration and deployment process, the RAPID Action Plan combines in-depth legal analysis and best business practices to promote optimal institutional performance.
The services included in the RAPID Action Plan are described in detail on the RAPID Action Plan page under Legal Services on our main menu.
SWAT Team Training
Our Procurement SWAT Team is built for rapid mobilization to assist institutions in effectively implementing updated templates in actual projects. Procurement SWAT Team services are normally delivered following a template update. Using the newly tailored suite of templates, and drawing on the principles from our Precision Drafting handbook, the Procurement SWAT Team delivers enhanced transaction-specific training to core procurement staff, providing on-the-job training while giving the organization the opportunity to clear its transaction backlog and advance critical procurement projects.
SWAT Team Transactional Training is available as a stand-alone service, packaged with our Template Retrofit or Overhaul, or as part of our SWAT Team Jumpstart and our RAPID Action Plan.