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 [...]

A Weak Track Record Defending Direct Awards

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. One of the core commitments established in domestic and international procurement treaties is the obligation on public bodies to openly [...]

Global Newsreel for August 27, 2018

Award Struck Down Due to Non-Compliant Bid and Canada Sidelined as US-Mexico NAFTA Talks Go Into Overtime By Paul Emanuelli and Lisa Kuechler This week’s newsreel features a new Legal Update by Procurement Law Office Counsel Anna Krol on [...]

Court Overrules Four-Out-Of-Five Line Item Score

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 August 2018 decision in BAM Civil Limited v. The Department for Infrastructure, the High Court of Justice in [...]