tender process

Disclosure Risks a Global Procurement Issue

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. As evidenced by the number of lawsuits in the area, a purchasing institution’s disclosure duties during a tendering process continue [...]

What Are We Buying? The Initial Mapping Statement

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. With all the rules, regulations, and red tape entangling the tendering process, we often spend more time dealing with secondary [...]

Compliance Issues Trigger Lost Profit Claims

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The Canadian courts have imposed a strict regime on purchasing institutions that conduct their tendering processes under the Contract A [...]

Facing a Flurry of Unfair Advantage Claims

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. Recent years have witnessed a rapid proliferation in the number of bid disputes dealing with conflict of interest and unfair [...]

Court Dismisses $150 Million Claim Against NRFP

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 October 2018 decision in CG Acquisition Inc. v. P1 Consulting Inc., the Ontario Superior Court of Justice summarily [...]

Court Quashes $6.7 Billion Award to “Carve-Out” 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 May 2018 decision in the Matter of Employee Benefits: Pharmacy Benefit Management Contract, the New Jersey Superior Court [...]

Court Orders Incumbent to Disclose Volumes

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 October 2015 decision in Corporation Express Canada Inc. (c.o.b. Staples Advantage Canada) v. Memorial University of Newfoundland, the [...]

Non-Contract A RFPs Subject to Judicial Review

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 Rapiscan Systems Inc. v. Canada (Attorney General), the Canadian Federal Court of Appeal upheld [...]