Breaking Trends in the Use of Negotiated RFPs

By Paul Emanuelli In a recent interview for a feature article by Purchasing B2B editor Michael Power on Procurement Law Trends, I noted that the use of negotiated RFPs has reached an irreversible tipping point across the Canadian public sector, with [...]

U.K. Court Rejects “Out-of-Scope” Claim in Framework Agreement Dispute

By Paul Emanuelli In its June 2015 decision in Medicure Ltd v. The Minister for the Cabinet Office, the England and Wales High Court of Justice (Technology and Construction Court) rejected a supplier’s claim that the government was engaging in [...]

Slow Payment Terms Breach Federal Rules

By Paul Emanuelli In its March 2015 decision in CGI Federal Inc. v. United States, the U.S. Federal Court of Appeals ruled that delayed payment provisions contained in the federal government’s Medicare and Medicaid overpayment recovery contracts violated government regulations [...]

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 [...]

South African Court Strikes Down Award Due to Unauthorized Process

By Paul Emanuelli In its December 2014 decision in Nelson Mandela Bay Metropolitan Municipality v. MTN Service Provider Ltd, South Africa’s Eastern Cape High Court set aside a contract award decision after finding fundamental flaws in the government’s evaluation process. [...]

Appeal Court Upholds Land Sale Tender Award

By Paul Emanuelli In its October 2014 decision in North End Community Health Assn. v. Halifax (Regional Municipality), the Nova Scotia Court of Appeal reversed a September 2014 Nova Scotia Supreme Court judgment that had granted a community organization’s judicial [...]

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 [...]

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 [...]

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 [...]

Fiji Court of Appeal Rules Contract Extension Invalid Due to Statutory Breach

By Paul Emanuelli In its October 2009 decision in Kabara Development Corporation Ltd. v. Attorney General, the Court of Appeal of Fiji ruled that an alleged contract extension was invalid due to the contravention of applicable statutory rules. The case [...]