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 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 [...]

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 [...]

Bidder Barring Fair Game if Properly Applied

By Paul Emanuelli While the courts have in some instances upheld a purchaser’s right to bar problematic suppliers, purchasers should ensure that these practices are developed and implemented in a reasonable and measured fashion. In its 2007 judgment in Advanced [...]

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. [...]

Banning Bad Suppliers

By Paul Emanuelli If you owned a company and one of your suppliers sued you, would you invite that supplier to bid on your next tendered contract? This is highly unlikely. However, in many purchasing institutions, there is a widespread [...]

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 [...]