Past Performance

Court Grants Injunction Against Debarment

By Paul Emanuelli In its May 2017 decision in Four Seasons Site Development Ltd. v. Toronto (City), the Ontario Superior Court of Justice granted an injunction against a municipal debarment decision. The applicant was barred from bidding on construction projects [...]

Bidder Rejected on Past Performance Criteria

By Paul Emanuelli In its June 2017 decision in Framan Mechanical, Inc. v. State University Construction Fund, the New York Court of Appeal upheld a decision to reject a bidder for failing to meet past performance criteria. The case dealt [...]

Past Performance Used as Unfair Competition Barrier

By Paul Emanuelli In its December 2016 decision in Extreme Concepts Inc, the GAO ordered a re-evaluation after deciding that the Army had unfairly evaluated the complainant’s lack of past government experience. As the GAO noted, the relevant federal acquisition [...]

Vague Past Performance Criteria Fatal to Fair Award

By Paul Emanuelli In its January 2016 decision in RELI Group Inc., the GAO ordered the government to amend and re-issue its life-cycle support services RFP after finding that its past experience criteria contained a latent ambiguity regarding whether prime [...]

Tribunal Upholds Rejection of Non-Compliant Privacy Consultant

In its December 2011 determination in The Access Information Agency v. Canada Revenue Agency, the Canadian International Trade Tribunal upheld the government’s evaluation decision and rejected the unsuccessful bidder’s complaint. The case dealt with a Canada Revenue Agency procurement for [...]

Tainted Sushi Causes Re-Evaluation Order

By Paul Emanuelli In its January 2013 decision in Matter of Northeast Military Sales, Inc., the Government Accountability Office ordered the Department of Defense to conduct a re-evaluation after finding that the evaluation committee failed to properly assess the past [...]

World Bank Recommends Bidder Ban Instead of Samoan Bid Security

By Paul Emanuelli In its May 2006 Operational Procurement Review of Samoa’s procurement operations, the World Bank recommended that government agencies consider instituting a ban on bidders that refuse to honour their bids as a substitute to requiring bid security. [...]

Kenyan Statute Creates Five-Year Ban for Breach of Ethics Rules

By Paul Emanuelli Kenyan Statute Creates Five-Year Ban for Breach of Ethics Rules Kenya’s Public Procurement and Disposal Act 2005 establishes a number of statutory offences aimed at regulating ethics in government procurement. The Act makes it a statutory offence [...]

Bad Specs Cause Payment Disputes in Atlantic Canada

By Paul Emanuelli As the following examples illustrate, the failure to set sound specifications prior to contract award raises the risk of project failures and legal claims. Institutions should therefore establish clear accountabilities for the drafting of specifications within their [...]

Court Overrules Contractor Suspension for Past Performance

By Paul Emanuelli In its July 1973 decision in White Construction Co. Inc. v. Division of Admin., the Florida Supreme Court overruled the State of Florida’s suspension of a bidder. The case dealt with a Request for Bids issued by [...]