GAO Strikes Down Vague Evaluation Scheme

By Paul Emanuelli This article is an excerpt from the 2020 edition of The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its November 2019 decision in Blue Origin Florida, LLC, the U.S. Government Accountability Office (GAO) upheld a legal [...]

Applying Global Standards to Local Purchasing

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In the world of public procurement, there is little left that is truly local. While a public institution may operate [...]

Confidentiality and Transparency Cases

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. When navigating through the public tendering process, public institutions must continuously steer a clear path through the complex and often [...]

Balancing Transparency and Confidentiality in Complex Projects

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. As the courts have recognized, transparency is not an absolute, particularly when complex projects are involved. While the low bid [...]

The Confidentiality-Transparency Conundrum

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. When conducting an open tendering process, purchasing institutions must balance the need to protect a bidder’s confidential information and protect [...]

The Procurement Playbook: Global Standards

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. While many public sector institutions are under treaty obligations that call for open public procurement, those treaties generally do not [...]

Buyer Beware of Piggybacking and Onboarding

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The days of public institutions engaging in non-transparent contract award practices under supplier lists, prequalification rosters, and vendor-of-record arrangements are [...]

US Supreme Court Bolsters Confidentiality Protections

By Paul Emanuelli This article is an excerpt from the 2020 edition of The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2019 decision in Food Marketing Institute v. Argus Leader Media, the Supreme Court of the United [...]

Big Firms Monopolize Brexit Consulting

By Paul Emanuelli This article is an excerpt from the 2020 edition of The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2019 report entitled Departments’ use of consultants to support preparations for EU Exit, the UK’s Auditor [...]