Government Told to Bolster Debriefs in COI Dispute

By: Anna Krol In its May 2018 determination in Renaissance Aeronautics Associates Inc., the Canadian International Trade Tribunal (the “Tribunal”) dismissed allegations of conflict of interest while noting that the government could have avoided the bid dispute by being more [...]

Managing Fair Evaluations – NY State Feature

By Paul Emanuelli Fair evaluations are a core requirement of the public tendering process. Featuring a series of bid protest determinations from the New York Office of the State Comptroller, this session will provide key insights for purchasing professionals across [...]

Winning Defence Costs Millions in Unpaid Expenses

By Paul Emanuelli In its March 2017 decision in Kaymar Rehabilitation Inc. v. Champlain Community Care Access Centre, the Ontario Superior Court of Justice rejected a lost profit claim by an unsuccessful incumbent supplier. After bidding on a therapy services [...]

Court Rejects Challenge to Conflicts Audit Requirement

By Paul Emanuelli In its September 2017 decision in Grascan Construction Ltd. v. Metrolinx, the Ontario Divisional Court rejected a judicial review challenge brought against a prequalification process by a rejected contractor. The case dealt with a $125 million (CAD) [...]

GAO Orders Investigation of Possible Integrity Act Breach

By Paul Emanuelli In its June 2017 decision in Dell Services Federal Government, Inc., the GAO ordered the government to reconsider a potential Procurement Integrity Act breach. The case dealt with a Request for Quotations for information technology services. A [...]

Air Force Fails to Defend Against Unfair Inside Advantage

By Paul Emanuelli In its July 2016 decision in AT&T Government Solutions, Inc., the GAO found that the Air Force failed to guard against unfair bidder advantage in a potential conflict of interest situation. As the GAO noted, the federal [...]

Veterans Affairs Fails to Enforce Conflict Rules

By Paul Emanuelli In its January 2016 decision in ASM Research, the GAO found that the Department of Veterans Affairs failed to properly enforce its conflict of interest rules in a solicitation for cloud-based software infrastructure services. The GAO found [...]

Court Rejects Conflict of Interest Challenge in Municipal Contracting Case

By Paul Emanuelli In its November 2015 decision in Kruse v. Santer, the Saskatchewan Court of Queen’s Bench rejected an applicant’s municipal conflict of interest challenge after finding that any potential contracting transgressions by the city councillors in question were [...]

Manufacturer Not in a Conflict When Bidding Against Resellers

In its January 2012 determination in Acklands-Grainger Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal rejected a complaint after determining that direct competition between manufacturers and resellers in a bidding process did not constitute [...]

Inside Advantage Taints Tendering Process and Breaches Trade Treaty

By Paul Emanuelli Inside advantage can prejudice the fairness of a procurement process and result in breaches of applicable trade treaties. In its September 2007 determination in Bureau d’études stratégiques et techniques en économique v. Canadian International Development Agency, the [...]