Newsreel for August 26, 2019

Liberals Accused of Buying Votes With $3B Sole-Source, Halifax Shipyard Awarded $500M Maintenance Deal, and Trinidad Senator Wins Millions in Government Deals By Paul Emanuelli In this week’s global newsreel update, Canada doubles down on pre-election spending, the US [...]

No-Notice Debarment Breaches Fairness Rules

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 June 2018 decision in Interpaving Limited v. City of Greater Sudbury, the Ontario Superior Court of Justice – [...]

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 [...]

Court Grants Injunction Against Debarment

By Paul Emanuelli This article is an excerpt from Government Procurement, which is available for purchase. 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 [...]

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 [...]

Bid Rejection Upheld Against Breaching Bidder

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 July 2016 decision in Jacqueline Sims, DBA JRS Staffing Services v. United States, the United States Federal Circuit [...]

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 [...]

Auditor Slams Poor Performance Management

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 2016 annual report findings entitled Metrolinx—Public Transit Construction Contract Awarding and Oversight, the Auditor General of Ontario found [...]

Cutting Corners in Winter Maintenance Contracts

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 2015 special report on Winter Highway Maintenance, the Auditor General of Ontario found that the provincial Ministry [...]

Improper Rejection for Alleged Poor Performance

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 2013 decision in the matter of Mission Essential Personnel, LLC, the U.S. Government Accountability Office (GAO) found [...]