All bids are confidential and should not be used as a bargaining tool among suppliers. However, since the arrangement (EAC and Brentwood) was a joint venture, it did not comply with terms and conditions of the RFP. (i) To examine the use of tendering in improving the efficiency and effectiveness of public sector procurement. The court went on further to observe that Ron Engineering does not stand for the idea that Contract “A” will always be formed. Be wary of suppliers who substantially underbid others. Negotiation should be used when: When negotiating a price, it is important to consider all of the opportunities that exist.

2. In Martel Building Ltd. v. Canada it was affirmed that all bidders in a call for tender must be treated fairly and equally unless otherwise expressly agreed upon in the terms of the call for tenders or in a privilege clause. Get templates and samples for a variety of documents: Receive your FREE RFP Toolkit The facts of this case were that Tercon Contractors Ltd. (“Tercon”) was one of two shortlisted bidders for a Request for Proposal (“RFP”) to build a highway through Nisga’a Land. Finally, remember that a successful negotiation is a win-win for both parties. Sole source is an example of non-competitive procurement or purchase process accomplished after soliciting and negotiating with only one source, so-called sole source, thus limiting full and open competition. improved delivery of products and services. it is necessary to conduct discussions with providers, because of differences in areas such as law, regulations, and business practices, especially for contracts to be made abroad. The competitive bid process may vary depending on the requirements, dollar value or complexity of the proposed purchase. It seeks to establish full and open competition (FOC) as the standard, in order to eradicate partiality, favoritism, political lobbying, and bribery. Moreover, only compliant bidders have any legal remedy for a breach of the process by an owner. The buyer or recipient of bids must prepare a complete RFP and publish it so that it reaches qualified vendors. We look for talented, entrepreneurial students to join our firm for articling and summering positions. This arrangement would have been compliant had EAC been a sub-contractor and not a joint-bidder. There are many different processes for competitive bidding, ranging from Request For Proposal (RFP) to Reverse Auctions.

Be sure you understand your requirements fully and how these might affect prices. While procurement is supposed to bring fairness, impartiality, transparency, and suitability to corporate practices, a competitive procurement process will ensure the highest level of openness, thus maximizing the suitability of the requested assets or services, and the best return on investment (ROI). We are a leading full-service Vancouver-based Canadian law firm, providing a wide range of litigation, dispute resolution and business law services to clients throughout Canada and abroad.

The other shortlisted bidder, Brentwood Enterprises Ltd. (“Brentwood”), recognizing that it lacked the depth of expertise to complete the project on its own, entered into a joint venture with another contractor named Emil Anderson Construction Co. (“EAC”). Allowing such exclusion clauses to operate in the way suggested by the Ministry would completely undermine the process and rob it of its integrity. In other words, competitive procurement should be promoted pragmatism, with other methods thus becoming exceptions. Business Units should engage Make sure the person who is submitting the response is appropriate. Investigate the costs associated with providing the service or materials you are requiring. Recognizing this longstanding problem of competitive procurement becoming the exception, the US government launched the Federal Acquisition Regulation (FAR) more than twenty years ago, to help federal agencies manage procurement more efficiently. Make sure the person you are negotiating with has the authority to make offers and commit the supplier. Contract “A” governs how the tendering process will occur including but not limited to how a bidder can expect their tender response to be evaluated. The suppliers will need sufficient time to respond (usually two to four weeks depending on the complexity). Alexander Holburn has made fostering legal talent a priority. Firstly, any tendering process will create two contracts that bind the bidder and the owner.

There is not enough time available to seek competitive bids. And WHOI Procurement is available to help with this. It’s appropriate to advise the supplier when you are seeking competition, delineate your expectations of the supplier as well as identifying the supplier’s expectations of WHOI. A procurement method is the manner chosen to perform a contractual acquisition. Read further information about how to protest against sole source solicitation. The purpose of competition is to benefit your enterprise, and competition should not be promoted for the sake of competition. Simplified acquisitions are equitably distributed among qualified suppliers in the local area, and purchases should not be split to avoid the requirements for competition above their respective thresholds. Two-step sealed bidding is competitive procurement method that is a combination of the two aforementioned competitive procurement procedures, and is designed to obtain: Two-step sealed bids can be used in preference to negotiated procurement when all of the following conditions are present: Because Part 6 of the FAR, formerly the Competition In Contracting Act (CICA), defines competition as the standard for procurement, other non-competitive procurement methods are considered to be exceptions, and thus should be used only under certain, well-defined conditions, and they should be carefully and thoroughly justified and documented.

Yet, FAR has been successful, and is inspiring more and more private enterprises to exercise due diligence in their procurement practices. If a sole source acquisition is ethical, it can shorten the acquisition process, and lead to several benefits: As Terence said in his play, homo sum, humani a mi nihil alienum puto (I am a human being, so nothing human is strange to me).

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competitive procurement, process for acquisitions for which the amount exceeds a certain threshold—in our case, the simplified acquisition threshold. Enterprises Ltd. v. Defence Construction (1951) Ltd. the court established that Contract “A” only comes into effect the moment a compliant tender is submitted.
Engage us, we will assist in the process. Humanity is, above all, our nature, and commerce and trade have always been accompanied by some degree of faulty business ethics. Bidding will allow you to verify that the pricing provided by the supplier is competitive. Most importantly, sophisticated parties should be aware. Look carefully at the proposed prices. A firm-fixed-price contract or a fixed-price contract with economic price adjustment will be used. Are you, or your company, currently selling to Public Market Customers or hoping to do so? In summary, exclusion clauses, no matter how broadly construed or clear, cannot exclude an owner from liability in the event the owner alters the very nature of the RFP or tendering process in such a way as to unfairly or unequally prejudice one bidder over another. Allow sufficient time to prepare and evaluate the bid.


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