GAO Orders Redraft of Restrictive Tanker Specifications

By Paul Emanuelli In its November 2017 decision in Global SuperTanker Services, LLC., the GAO ordered the redraft of a solicitation after finding that the government was unable to defend the challenged specifications. The case dealt with an RFP for [...]

Spec Drafting Decisions Subject to Judicial Review

By Paul Emanuelli In its February 2015 decision in Airbus Helicopters Canada Ltd. v. Canada (Attorney General), the Federal Court of Canada rejected the legal challenge of a supplier who alleged that the government’s specifications were biased in favour of [...]

“Top Tier” Specifications Struck Down as Unduly Restrictive

By Paul Emanuelli In its January 2015 decision in Matter of Smith and Nephew, Inc., the Government Accountability Office found that the Department of Veteran’s Affairs issued a solicitation with unnecessarily restrictive specification. The case dealt with a solicitation for [...]

Court Upholds Engineer’s Rejection of Change Request

By Paul Emanuelli In its July 2014 decision in Skansa USA Civ. Northeast Inc. v. City of N.Y. Office of Administration, the New York Supreme Court upheld an engineer’s decision to reject a contractor’s specification change request. The case dealt [...]

Flawed Specifications Trigger Protracted Lawsuit

By Paul Emanuelli In its July 2014 decision in Asco Construction Ltd. v. Epoxy Solutions Inc., the Ontario Court of Appeal reversed a June 2013 Ontario Superior Court of Justice – Divisional Court judgment that found a defendant subcontractor not [...]

RFP Bus Safety Standards Upheld in Court

By Paul Emanuelli In its March 2015 decision in Matter of Blueline Commuter Inc. v. Montgomery County, the New York Supreme Court – Appellate Division upheld the safety standards established in a school bus services RFB process. A bus contractor [...]

Incumbent Operator Not Bound By Employee Protection Provisions

By Paul Emanuelli In its August 2013 decision in Matter of Staten Island Bus Inc. v. New York City Department of Education, the New York Supreme Court ruled against an incumbent bus operator that had challenged the New York Department [...]

New Zealand Government Defends Low Bid Bypass

By Paul Emanuelli In its December 2012 decision in Bayline Group Ltd v. Secretary of Education, the High Court of New Zealand rejected a bid challenge for lack of public interest after finding that the government’s low bid bypass was [...]

Trade Tribunal Finds Bias Buried in Technical Specifications

By Paul Emanuelli In its May 2010 determination in Halkin Tool Limited v. Department of Public Works and Government Services, the Canadian International Trade Tribunal determined that the government used biased specifications in a hydraulic press brake RFP. The Tribunal [...]

Over-Scoped Specs Trigger Bid Shopping Battles

By Paul Emanuelli As recent cases have shown, the improper drafting of specifications can lead to downstream legal entanglements during the procurement process. The following examples highlight the importance of properly scoping specifications so they line up with budget limits. [...]