Confidentiality and Transparency Cases

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. When navigating through the public tendering process, public institutions must continuously steer a clear path through the complex and often [...]

Depoliticizing the Procurement Process

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. Public institutions must ensure that their contract award decisions are shielded from inappropriate political interference. To achieve this end, a [...]

Political Interference in the Bidding Process

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. It has been repeatedly noted by the courts that the integrity of high-profile projects can be compromised through lobbying and [...]

Protecting Confidentiality in Dialogue RFPs

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. While the duty to protect confidentiality is a core obligation in all competitive bidding processes (except, perhaps, those involving a [...]

Balancing Transparency and Confidentiality in Complex Projects

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 courts have recognized, transparency is not an absolute, particularly when complex projects are involved. While the low bid [...]

The Confidentiality-Transparency Conundrum

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. When conducting an open tendering process, purchasing institutions must balance the need to protect a bidder’s confidential information and protect [...]

Court Rejects Lost Profit Claim Against Dialogue RFP

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 2019 decision in Inzola Group Limited v. City of Brampton, the Ontario Superior Court of Justice dismissed [...]

Purchasing Workshop in Kamloops, BC

We are pleased to announce that Paul Emanuelli will be presenting a two-day purchasing workshop in Kamloops, British Columbia, May 7-8, 2018. The workshop will include the following topics: Treaty Compliance Open and Fair Competition Anti-Avoidance Rules and Exemptions Debriefing [...]

Records Withheld Due to Commercial Information

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 May 2018 decision in Michael Seon (MRS Consulting) v. Regina Roman Catholic School Division No. 81, the Court [...]

Premature Award Notice Breaches Confidentiality

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 April 2018 determination in Hawboldt Industries v. Department of Public Works and Government Services, the Canadian International Trade [...]