Government Procurement, 4th Edition
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Canada's uniquely complex bidding and tendering process with respect to government projects
Government procurement is designed to open a level playing field for suppliers competing for government contracts. As the deals keep getting bigger and the stakes keep getting higher, public institutions need to get the job done right. Failing to do so can lead to lengthy litigation, unfavourable audits and detrimental media coverage.
In his leading source on government procurement cited across industry, the legal profession and the courts, author Paul Emanuelli strips away the complexities of procurement issues for public institutions and their private sector suppliers. Government Procurement, 4th Edition follows these main topics:
- The impact of trade treaties and public policies on government procurement practices
- The written rules that apply to government procurement
- The unwritten implied rules that apply to government procurement
- The risks and remedies that apply when government procurement rules are breached
- The practical considerations that can help improve outcomes at the institutional and project level
New in This Edition
- An expanded new Preface with an overview of the most critical trends impacting the law of public procurement
- Update on all of the cross-Canada reported decisions, including over a hundred notable new tribunal and court decisions, along with an updated consolidation of recent high-profile government procurement audits
- Expanded to include a new section on the rise of administrative law judicial review challenges in government tendering, specification drafting, and sole sourcing decisions
- Substantial new case law discussion and analysis on:
- Duty of disclosure of material information relating to contract performance and bid evaluation;
- Duty to reject non-compliant tenders;
- Duty to conduct a fair competition;
- Duty to award to the winning bidder;
- Updated coverage of global open public procurement developments
First Point of Reference
- Public sector lawyers who are seeking a practical, accessible guide on the legal rules that apply to the competitive bidding process in Canada
- Public sector purchasing professionals who need to keep pace with emerging due diligence standards for the tendering cycle
- In-house counsel for private sector suppliers of Canadian public sector contracts who need to understand the current public sector procurement landscape when bidding on public projects
- Private sector purchasing professionals who are looking at the highly evolved public sector procurement model to help organize their own purchasing activities
Table of contents
Chapter 1: Introduction
Chapter 2: Administrative Law: Judicial Review and The Canadian International Trade Tribunal
Chapter 3: Commercial Law: The Supreme Court's Contract A Paradigm
Chapter 4: Implied Duties and Express Rights
Chapter 5: The Disclosure Duty
Chapter 6: The Duty to Reject Non-Compliant Tenders
Chapter 7: The Duty to Conduct a Fair Competition
Chapter 8: The Duty to Award to the Winning Bidder
Chapter 9: The Duty to Award the Contract as Tendered
Chapter 10: Remedies
Chapter 11: Practical Considerations
Chapter 12: Future Considerations
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