Senior Legal Counsel and Deputy Managing Director
Marilyn Brown is an experienced public sector lawyer with more than 15 years intensive practice in the area of procurement law. Before joining the Procurement Law Office, Marilyn worked in the City of Toronto’s Legal Services Division as the lead lawyer responsible for advising on all aspects of the organization’s procurement processes, bylaws, policies and major transactions. She is a faculty member on the Osgoode Hall Law School’s Certificate Programs in Public Procurement Law and Practice, and Advanced Procurement Law and Practice: Major Projects and Tendering. She now heads the Atlantic Canada branch of the Procurement Law Office where she focuses on advice and opinions, major projects, and institutional reviews for organizations across Canada.
- Experienced in all aspects of public procurement law
- Worked as in-house procurement counsel for Canada’s largest municipality
- Faculty member on the Osgoode Hall Law School Intensive Course in Public Procurement and Certificate Program in Public Procurement Law and Practice
- Member of the bar in both Ontario and Nova Scotia
- “The Perils of Public Openings,” Caveat Emptor, Summer 2013 edition (Ontario Public Buyers Association).
- “The Over-Budget Bid Dilemma,” Caveat Emptor, Summer 2012 edition (Ontario Public Buyers Association).
- “Building a Bid Dispute Protocol: Complaint Procedures Under Trade Treaties,” Accelerating the Tendering Cycle (Toronto: Northern Standard Publishing, 2012).
- “Building Your Bargaining Binder,” Accelerating the Tendering Cycle (Toronto: Northern Standard Publishing, 2012).
- “Escape from Planet of the “A”s,” Caveat Emptor, Fall 2011 edition (Ontario Public Buyers Association).
Negotiated RFP for Refuse Trucks – Municipality (2016)
Provided strategic advice, legal review and drafting services for the planning and development and a Negotiated RFP for the procurement of refuse trucks over a multi-year contract term.
Negotiated RFP for Solid Waste Collection – Municipality (2016)
Provided strategic advice, legal review and drafting services for the planning and development of a Negotiated RFP for waste collection services.
Opinion on Bidder Compliance in Construction Tendering Process – Municipality (2016)
Provided opinion on bidder compliance with a mandatory requirement in a legal binding tendering process and the legal risks associated with the acceptance or rejection of the bid.
Opinion re Status of Prequalified Proponents in Major Construction RFP Process – Municipality (2016)
Provided an opinion on the status of a prequalified proponent based on discrepancies in the identification of the proponent’s team in the RFPQ process.
Opinion on RFP Evaluation Process – Provincial Government (2016)
Provided a legal opinion regarding the defensibility and transparency of an RFP evaluation process and provided advice on options for mitigating legal risks in the process.
Templates and Policy Overhaul – Provincial Government (2015-16)
Prepared a full suite of RFX templates and updated procurement policy framework.
Opinion on Disqualification of Potential Proponent for Unfair Advantage – Provincial Agency (2015)
Provided an opinion on the disqualification of a proponent in an RFP process due to potential claims of unfair advantage and bias.
Procurement Policy Review – Provincially Funded Not-for-Profit Corporation (2015)
Reviewed and provided feedback on the organization’s procurement policy, with particular focus on compliance with the Broader Public Sector Procurement Directive.
Opinion on Post-Closing RFP Addendum – Municipality (2015)
Provided opinion on the legal risks associated with the issuance of an addendum to amend the RFP after the closing date has passed.
Sponsorship Solicitation Process Project Support – Provincial Agency (2015)
Provided strategic advice and project support services in connection with a solicitation process for a major sponsorship opportunity.
Opinion on Non-Competitive Procurement the use of Advanced Contract Award Notices – Provincial Agency (2015)
Provided a detailed legal opinion on the appropriate use of an Advanced Contract Award Notice (ACAN) and the legal risks associated with non-competitive procurements in the context of organization’s legal framework.
Template and Contract Overhaul – Ontario Regional Municipality (2015)
Conducted a template overhaul that included a full suite of RFX templates as well as standard contract and purchase order templates.
Customized RFP for Quality-Based Selection – Municipality (2015)
Developed custom negotiated RFP template designed for “Quality-Based Selection” procurement processes.