By Paul Emanuelli

This article is an excerpt from Government Procurement, which is available for purchase.

In its November 2016 decision in TPG Technology Consulting Ltd. v. Canada, the Federal Court of Appeal upheld a trial court’s dismissal of the plaintiff bidder’s $250 million lost profit claim against the government of Canada. The claim dealt with a federal government procurement process valued at approximately $428 million for the acquisition of information technology engineering and technical support services. While the trial court found flaws in the government’s consensus scoring process, it ultimately rejected the lost profit claim since it found that the evaluation errors had no impact on the ultimate rankings.

 

*This brief was excerpted from the 4th Edition of Paul Emanuelli’s Government Procurement textbook.