Big-Firm Bias and State-Sponsored Monopolies

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The now firmly entrenched prohibitions against local supplier preference and contract splitting, coupled with the administrative convenience of managing fewer [...]

Court Rejects Challenge of One-to-Ten Scoring Scale

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 October 2018 decision in Transcore, LP v. The National Roads Authority, the High Court of Ireland rejected a [...]

Court Overrules Four-Out-Of-Five Line Item Score

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 August 2018 decision in BAM Civil Limited v. The Department for Infrastructure, the High Court of Justice in [...]

Contract Struck Down Over Reference Improvisation

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 July 2018 decision in Best Climate Control Corp., the Office of the New York State Comptroller overruled the [...]

Government Allowed to Rely on Representations

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 March 2018 determination in Atlantic Catch Data Ltd. v. Department of Public Works and Government Services, the Canadian [...]

US Smart Building Initiatives Lack Benchmarks

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 January 2018 report entitled GSA Should Establish Goals and Performance Measures to Manage the Smart Buildings Program, the [...]

Funding Shortfall Causes Payroll System Crash

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 fall 2017 report entitled Report 1—Phoenix Pay Problems, the Auditor General of Canada found serious deficiencies in the [...]

Missing Serial Comma Kills Clarity in $5 Million Claim

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 March 2017 decision in O’Connor v. Dairy Farmers of America, Inc., the United States Court of Appeals – [...]

Ambiguous Numbering Leads to Compliance Dispute

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 February 2014 decision in Newfoundland and Labrador v. Marine Contractors Ltd., the Newfoundland and Labrador Supreme Court determined [...]

Flawed Price Assessment Leads to Re-Evaluation

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 January 2014 decision in the matter of Iron Vine Security, LLC, the U.S. Government Accountability Office (GAO) ordered [...]