Global Newsreel Update – July 30, 2018

New CFTA Ruling By CITT, Sole-Sourcing Controversies, and Taxpayer Savings in Idaho By: Paul Emanuelli and Lisa Kuechler This week’s newsreel features a case note by Procurement Law Office Legal Counsel Anna Krol on a new ruling under the Canadian [...]

Buyer Beware: Piggybacking and Onboarding are Sole-Sourcing

By: Paul Emanuelli There is a great deal of confusion about “piggybacking” or “onboarding” and a long legacy of misuse of these practices in the Canadian public procurement industry. You will not find a specific written prohibition in the treaties on [...]

Global Newsreel Update – April 2, 2018

Canada Sued for Lost Profits and Poland Signs $4.75 Billion Deal By: Paul Emanuelli and Lisa Kuechler This week, our Media Monitoring Team is taking note of Canada being sued for lost profits by Indian Bidders, Poland signing $4.75 billion defence system deal and [...]

Procurement Law Calls for Proactive Governance

By Paul Emanuelli (extracted from the fourth edition of Paul Emanuelli’s Government Procurement textbook, forthcoming in 2017). (This article was published in the April 2017 edition of Purchasing B2B magazine.) Government purchasing institutions must navigate a complex web of trade [...]

Out-of-Scope Blanket Purchase an Improper Sole Source

By Paul Emanuelli In its June 2016 decision in Tempus Nova, Inc., the GAO ruled that the Internal Revenue Service improperly used a blanket purchase agreement to make an out-of-scope acquisition. The GAO found that the agency acquired a cloud-based [...]

California Court of Appeal Upholds Sole-Source Decision

By Paul Emanuelli In its June 2015 decision in Michael Weinstein v. County of Los Angeles, the California Court of Appeal reversed a trial decision that had struck down a municipal sole-source contract award for health care support services. The [...]

Improper Sole-Sourcing Breaches Treaty Rules

By Paul Emanuelli One of the principal commitments established in domestic and international procurement treaties is the obligation on public bodies to openly compete the award of contracts. Unless the situation fits into one of the legitimate treaty-recognized exceptions to [...]

Paul Emanuelli Quoted in Calgary Herald on Golf Course Scandal

In a recent article titled, “Expert questions secret deal as golf course tab tops $9.3 million“, Matt McClure of the Calgary Herald discusses a controversial sole-source that has become an issue in the Alberta election campaign, quoting extensively from an [...]

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 [...]

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 [...]