Lexis Nexis Government Procurement, 5th Edition
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Product description
Click here for the Student Edition of Government Procurement, 5th Edition.
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.
Government Procurement, 5th Edition covers more than four decades of legal developments involving the government procurement process in Canada. Consolidating hundreds of case summaries, this work provides an accessible reference point for procurement professionals to help navigate the day-to-day complexities of the tendering cycle. It also offers legal strategies for proactively building winning conditions for institutional governance.
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, 5th 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
What’s New In This Edition
- The most critical trends affecting the law of public procurement with more than 100 new case studies
- Discussion of internationally recognized procurement formats within the context of Canadian procurement law
- New case law developments from common law jurisdictions across Canada and the Canadian International Trade Tribunal since the previous edition published 7 years ago
- New and consolidated content on practical and future considerations relating to government procurement
Who Should Read This Book
- 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
§1.01 The Critical Role of the Private Sector
§1.02 Public Policies, Institutional Rules and Trade Treaties
§1.03 The Case Law
§1.04 Risks and Remedies
§1.05 Practical Considerations
CHAPTER 2 – ADMINISTRATIVE LAW: THE CANADIAN INTERNATIONAL TRADE TRIBUNAL AND JUDICIAL REVIEW
§2.01 Introduction
§2.02 The Canadian International Trade Tribunal
§2.03 The Tribunal’s Standing in Relation to the Federal Court of Appeal
§2.04 The Scope of the Tribunal’s Jurisdiction
§2.05 The Rise of Judicial Review
CHAPTER 3 – COMMERCIAL LAW: THE SUPREME COURT’S CONTRACT A PARADIGM
§3.01 The Supreme Court Creates Contract A
§3.02 Summary of Ron Engineering Trial, Appeal and Supreme Court Decisions
§3.03 The Supreme Court’s Modern Architecture: Two Procurement Paradigms
CHAPTER 4 – IMPLIED DUTIES AND EXPRESS RIGHTS
§4.01 Introduction
§4.02 The Implied Common Law Terms
§4.03 The Application of Statutory and Administrative Rules
§4.04 Reconciling Implied Duties and Reserved Rights
CHAPTER 5 – THE DISCLOSURE DUTY
§5.01 Introduction
§5.02 Disclosure of Material Information Relating to Contract Performance
§5.03 Disclosing Evaluation Criteria
§5.04 Confidential Business Information, Public Access Requests and Debriefing Rights
CHAPTER 6 – THE DUTY TO REJECT NON-COMPLIANT TENDERS
§6.01 Governing Principles
§6.02 The Standard of Compliance: Strict Versus Substantial Compliance
§6.03 Types of Non-Compliance
§6.04 The Timing of Compliance: Evaluation Requirements Versus Contract Terms
§6.05 The Duty to Investigate Non-Compliance
§6.06 Post-Close Clarifications and Bid Repair
§6.07 Non-Compliance Rectifications
CHAPTER 7 – THE DUTY TO CONDUCT A FAIR COMPETITION
§7.01 Introduction
§7.02 Following the Rules in the Tender Call and Treating Each Bidder Fairly
§7.03 Conflict of Interest, Unfair Advantage and Bias
§7.04 Incumbent Advantage, Transition Costs and Biased Specifications
§7.05 The Right to Correct Evaluation Errors
§7.06 Keeping Accurate Records
§7.07 The Diligent Evaluation of Tenders
CHAPTER 8 – THE DUTY TO AWARD TO THE WINNING BIDDER
§8.01 Governing Principles
§8.02 Summary of Selected Cases
CHAPTER 9 – THE DUTY TO AWARD THE CONTRACT AS TENDERED
§9.01 Governing Principles
§9.02 Summary of Selected Cases
CHAPTER 10 – REMEDIES
§10.01 General Introduction to Remedies
§10.02 Purchaser Remedies
§10.03 Bidder Remedies
CHAPTER 11 – PRACTICAL CONSIDERATIONS
§11.01 Introduction
§11.02 Governing the Institution
§11.03 Governing the Project
§11.04 Governing the Transaction
§11.05 Critical Details: Preparing the Procurement Document
TABLE OF CASES
INDEX
