Auditor Calls for Improvements to City Framework Agreements

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 2017 report entitled Obtaining the Best Value Through the Use of Vendor Rosters, the Toronto Auditor General’s [...]

U.K. Court Rejects “Out-of-Scope” Claim in Framework Agreement Dispute

By Paul Emanuelli In its June 2015 decision in Medicure Ltd v. The Minister for the Cabinet Office, the England and Wales High Court of Justice (Technology and Construction Court) rejected a supplier’s claim that the government was engaging in [...]

Court Upholds Stand-By Contracts for Emergency Fire Services

By Paul Emanuelli In its January 2015 decision in Fairview Valley Fire, Inc. v. California Department of Forestry, the California Court of Appeal upheld the California Department of Forestry’s stand-by emergency fire services agreements after finding that the agreements were [...]

Cooperative Purchasing at a Crossroads

By Paul Emanuelli (This article was originally published in the September 2014 edition of Purchasing B2B magazine.) With fiscal cliffs looming on the horizon, public institutions are attempting to leverage their group purchasing power through federal standing offers, provincial vendor-of-record [...]

Improper Framework Agreement Extension Ruled a Sole-Source

By Paul Emanuelli In its January 2014 determination in Knowledge Circle Learning Services Inc. v. Department of Health, the Canadian International Trade Tribunal found that the extension of standing offers beyond the originally contemplated term constituted an inappropriate sole source [...]

Ontario Buys More Bureaucracy in BPS “Cost Saving” Initiative

By Paul Emanuelli (This audit brief was excerpted from Paul Emanuelli’s Accelerating the Tendering Cycle: A Legal Due Diligence Guide.) In its 2009 annual report, the Ontario Auditor General determined that OntarioBuys, a Ministry of Finance initiative launched to help [...]