This article is an extract from the 5th edition of Government Procurement.
In an April 2017 ruling in PMH Insights Inc. v. Parkland County, an arbiter found that Parkland County’s software sole-source breached the New West Partnership Trade Agreement. The dispute dealt with the direct acquisition of management software. The award was challenged by another software provider. The municipality maintained that the acquisition fell under the open tendering thresholds, however, the arbiter ruled that the municipality failed to properly document its expenditure to establish that the award fell below the thresholds. The arbiter found the County in breach of the treaty and ordered the County to pay the complainant $10,000 in fees and costs.
