Amber Contracting Ltd. v. Halifax (Regional Municipality)
Nova Scotia Supreme Court
June 30, 2008

In its June 2008 decision in Amber Contracting Ltd. v. Halifax (Regional Municipality), the Nova Scotia Supreme Court found the Region liable for bid shopping after it cancelled and re-initiated a tendering process based on purported budget constraints. The case involved a tender call for the construction and upgrade of a sanitary pumping station in Dartmouth, Nova Scotia. After the initial bids came in over the budget estimate, the Region initiated post-bidding discussions with the low bidder. However, after some delay, the Region decided to re-issue a new tender call that was almost identical to its original tender call. The Region then awarded a contract to a different bidder, whose tender exceeded the original budget estimate. The original low bidder sued. (more…)

Increasingly, governments in developed countries are looking to sustainable procurement to rescue their foundering economies under the guise of “green” or “sustainable” procurement. (more…)

144314 Canada Inc./Nexys v. Department of Human Resources and Social Development
Canadian International Trade Tribunal
July 14, 2008

In its July 2008 determination in 144314 Canada Inc./Nexys v. Department of Human Resources and Social Development, the Canadian International Trade Tribunal upheld a complaint after finding that the government had inaccurately interpreted a vague mandatory requirement and had improperly rejected the complainant’s proposal. (more…)

Immeubles Yvan Dumais Inc. v. Department of Public Works and Government Services
Canadian International Trade Tribunal
July 18, 2008

In its July 2008 determination in Immeubles Yvan Dumais Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal upheld a complaint after finding that the government applied an undisclosed formula to score the pricing of the complainant’s bid. (more…)

As evidenced by ongoing case law developments, purchasing institutions can incur significant legal exposure when they fail to adhere to the fundamental tendering tenets of open and fair competition. The following new cases focus on three recurring litigation hotspots:

1. the duty to conduct a fair evaluation based on transparent criteria;
2. the restriction against engaging in post-tendering price reduction schemes that prejudice low bidders; and
3. the adverse impact of conflict of interest and insider advantage.

Antian Professional Services Inc. v. Department of Public Works and Government Services
Canadian International Trade Tribunal
July 2, 2008

In its July 2008 determination in Antian Professional Services Inc. v. Department of Public Works and Government Services, the Canadian International Trade Tribunal dismissed the complainant’s challenge of the government’s evaluation process. The case dealt with a Request for Standing Offer for exhibit management and related personnel services. The complainant alleged that the government conducted an unfair evaluation process. (more…)