Conflict of Interest

Facing a Flurry of Unfair Advantage Claims

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. Recent years have witnessed a rapid proliferation in the number of bid disputes dealing with conflict of interest and unfair [...]

Global Newsreel June 24, 2019

Lockheed’s F-35 Deal the Biggest Procurement in History, Oracle Alleges Rigged Bidding in Military Cloud Deal, and ASEAN Deal to Buffer China-US Trade Tensions By Paul Emanuelli  In this week’s newsreel, the US locks in on the biggest government procurement [...]

Technology Contracts a Target for Corruption

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 report ICT procurement — what are the corruption risks?, the Queensland Crime and Corruption Commission warned [...]

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 [...]

Former PM Advisor Convicted on Influence Peddling

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 decision in R. v. Carson, the Supreme Court of Canada upheld the conviction of a former [...]

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 [...]