A Three-Pillar Strategy for Bid Evaluations

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. Bolstering the legal defensibility of a bidding process calls for a three-pillar strategy aimed at addressing the following due diligence [...]

Blank Line Item Leads to Non-Compliance

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 May 2018 decision in Coady Construction & Excavating Limited v. Town of Conception Bay South, the Supreme Court [...]

Tribunal Criticizes Written Review Process

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 March 2018 determination in AirClean Systems Canada v. Department of Public Works and Government Services, the Canadian International [...]

Contract Awards Lost Profits for Non-Compliant Award

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 March 2018 decision in Maglio Installations Ltd. v. The Corporation of the City of Castlegar, the British Columbia [...]

Low Bid Rejected Due to Flawed Bid Bond

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 2017 decision in National Water Main Cleaning Co v. Department of Transportation, the Florida Division of Administrative [...]

Court Accepts Waiving of Minor Irregularities

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 February 2016 decision in Douglas Gardens V, Ltd. v. Florida Housing Finance Corporation, the Florida Division of Administrative [...]

Summary Dismissal of Non-Compliant Bidder’s Claim

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 decision in HK&S Construction Holding Corp. v. Town of Middletown, the Rhode Island Supreme Court upheld [...]

Court Upholds Rejection of Unbalanced Bid

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 February 2015 decision in Montana Construction Corp Inc. v. J Fletcher Creamer & Son, Inc, the Superior Court [...]

Court Voids Award Due to Unauthorized Process

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 December 2014 decision in Nelson Mandela Bay Metropolitan Municipality v. MTN Service Provider Ltd, South Africa’s Eastern Cape [...]

Mounties Busted for Improper Disclosure

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 2014 determination in Alcohol Countermeasure Systems Corp. v. Royal Canadian Mounted Police, the Canadian International Trade Tribunal found [...]