Find Lawyers in Vancouver, British Columbia for Public Procurement Law
Douglas Buchanan, QC, is the Global Head, Infrastructure and Resources at Norton Rose Fulbright. His practice focuses on project development, project finance and M&A with an emphasis on infrastructure, public-private partnerships (PPP), natural resources and power generation. Prior to joining Norton Rose Fulbright, Mr. Buchanan was the co-head of the global infrastructure and project finance group at an international law firm based in New York City. Prior to that, he had built a leading i...
Practical legal solutions that achieve tangible business goals. That is what a company needs to succeed. That is what Scott provides. As a results-oriented lawyer, he works closely with our clients to define and efficiently execute the legal steps to protecting their business and moving it forward. Scott enjoys not only taking on responsibility for important projects for our clients but also providing strategic advice and counsel to meet our clients’ business objectives. Satisfaction fo...
Jay LeMoine is the Canadian head of our infrastructure sector. He is a business lawyer whose work focuses on the commercial aspects of infrastructure projects and business transactions. His practice includes negotiating, drafting and implementing commercial contracts, business structures, public-private partnerships and infrastructure agreements. In addition to his P3 work, Jay regularly advises on a variety of business transactions, including commercial financings, acquisitions and divestitu...
Maria practises business law with a particular emphasis on infrastructure, including public private partnerships. Maria has provided legal advice in the following matters: advising the public sector, private sector and lenders on public private partnership and other alternate financing and procurement transactions, advising on various secured and unsecured credit facilities and project financings for lenders and borrowers, advising on various mergers and acquisitions for private companies, ad...
Matt Mulligan’s practice is focused on infrastructure and construction projects. Areas in which he has extensive experience include: procurement - drafting procurement documents and advising owners and bidders on all aspects of tender and RFP processes, including the structuring of procurements, drafting of procurement documents, evaluation of bids or proposals and negotiation of commercial agreements. engineering and construction contracts - drafting and negotiating all types of engine...
John Singleton is the Chair of Singleton Urquhart Reynolds Vogel LLP . He is a member of the Construction and Infrastructure, Insurance, Alternative Dispute Resolution, Commercial Litigation and Professional Liability Law Groups. John’s practice is focused on the areas of insurance, construction, professional liability and environmental matters, on behalf of property owners, architects, engineers, contractors, regulatory agencies and insurers. He has acted as counsel in several preceden...
Public Procurement Law Definition
Government contracting is big business in Canada. It is estimated that more than CDN $100 billion in purchases of goods, services, and construction are made annually by federal, provincial, and local government departments and agencies. The spending of public funds requires a heightened degree of transparency and openness to ensure that governments award contracts to suppliers who offer best value and who provide best solutions. Within the realm of government purchasing and contracting in Canada, there is a dizzying array of statutes, regulations, policies, trade agreements, by-laws, directives, and guidance documents that frame how those activities are carried out.
At the federal level, most government purchasing is subject to the obligations found within the procurement chapters of various trade agreements like the North American Free Trade Agreement and the revised World Trade Organisation – Agreement on Government Procurement. These obligations, which have been enacted into law, require covered federal entities to structure procurement processes in a fair (to all potential suppliers), open, and competitive manner and to evaluate bids strictly in accordance with the terms and conditions of the solicitation.
The objective of the procurement obligations is to ensure that government’s give suppliers a fair chance to bid for, and receive, government contracts. Non-competitive contract awards are discouraged, and at the federal level, are very much the exception. Suppliers are entitled to significant visibility into the evaluation and weighting of factors that will be used to determine the winning bidder. Most federal procurement processes are subject to a timely review by the Canadian International Trade Tribunal (CITT), Canada’s federal bid challenge authority.
Many provincial governments and agencies have enacted policies and directives that guide purchasing within their respective jurisdictions. While not as prescriptive as the federal purchasing regime, provincial purchasing generally respects the procurement obligations contained in the Agreement on Internal Trade, an interprovincial/federal trade agreement. However, unlike the federal contracting world, there is no equivalent CITT bid challenge authority to whom disgruntled bidders at the provincial level can look for a quick and effective remedy. Bidders who feel unfairly treated must exercise their legal recourse through the court system, which for many potential litigants, is an unattractive option given the cost and slower speed of that litigation pathway.
Local government have enacted by-laws within which procurement and contracting is conducted. Like at the federal level, these by-laws provide a detailed framework which guide government officials and bidders/contractors. Most local government entities work hard to respect the obligations contained in the by-laws, knowing that a material departure from those obligations could result in the procurement process being declared unlawful by the courts.
The labyrinth of government procurement and contracting in Canada can be bewildering. However, companies are best served by spending the time and effort to understand the purchasing and contracting regime, before they jump into a procurement or contracting opportunity. Potential government suppliers need to know up front the obligations and opportunities arising from government procurements and contracting. Time and effort spent at the front end will ensure that a suppliers’ rights and entitlements are protected, and that the resulting contractual obligations and requirements are clearly understood before deal closing.
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