Court Upholds Slovakian Letter of Credit Requirement

By Paul Emanuelli In its July 2017 decision in Ingsteel and Metrostav v. Úrad pre verejné obstarávanie, the European Court of Justice ruled that a public body is permitted to screen bidders for letters of credit when assessing tender compliance. [...]

Court of Appeal Upholds Summary Dismissal of Invalid Bid

By Paul Emanuelli In its April 2016 decision in True Construction Ltd. v. Kamloops (City), the British Columbia Court of Appeal upheld a lower court’s summary dismissal of a claim by a non-compliant bidder in a dispute over a fire [...]

Court of Appeal Dismisses Claim by Non-Compliant Bidder

By Paul Emanuelli In its December 2015 decision in M.G. Logging and Sons Ltd. v. British Columbia, the British Columbia Court of Appeal dismissed a losing bidder’s lost profit claim after finding that the bidder submitted a non-compliant bid with [...]

Tribunal Upholds Right to Reject Non-Compliant Bid

By Paul Emanuelli In its February 2016 determination in Iron Mountain Information Management Services Canada Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal upheld the rejection of a non-compliant bid in a document imaging [...]

No Duty to Confirm Bidder Compliance Representations

By Paul Emanuelli In its August 2016 decision in Penney v. Eastern Region Integrated Health Authority, the Newfoundland and Labrador Supreme Court rejected the argument of a losing bidder in a transportation services tender and found that the public body [...]

Bid Missing Addenda Signoff Still Substantially Compliant

By Paul Emanuelli In its March 2016 decision in R.J.G. Construction Ltd. v. Newfoundland and Labrador, the Newfoundland and Labrador Supreme Court determined that the low bid on a wharf construction tender was substantially compliant even though the bid document [...]

Top 10 RFX Drafting Dangers

Related Webinar: Top Ten RFX-Drafting Dangers, September 7, 2016 @ 1:00 pm - 2:00 pm EDT By Paul Emanuelli Whether its overall strategic design planning or sorting out the finer points for their specifications, evaluation criteria and process rules, [...]

Ontario Court Upholds Rejection of Misrepresenting Bidder

By Paul Emanuelli (This brief was excerpted from the forthcoming 4th Edition of Paul Emanuelli’s Government Procurement textbook.) In its January 2013 decision in Rankin Construction Inc. v. Ontario, the Ontario Superior Court of Justice upheld the government’s decision to disqualify a [...]

Broader Public Sector Accountability Act Submission

This Submission to the Standing Committee on Social Policy was was presented by Paul Emanuelli during the legislative consultation process on the Broader Public Sector Accountability Act (Bill 122) on November 22, 2010.

Treasury Department’s Post-Bid Contract Change Leads to Re-evaluation Order

By Paul Emanuelli (This international brief was excerpted from Paul Emanuelli’s Precision Drafting: A Handbook for Tenders and RFPs.) In its March 2005 decision in Northrop Grumman Information Technology, Inc., the U.S. Government Accountability Office (the “GAO”) found that the [...]