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Governments leverage procurements to achieve social, policy and economic benefits - which is why they cannot be viewed through the same lens as commercial arrangements. For the public buyer, procurements must:
- Part 2
- Canada’s Procurement Industry Is Highly Litigious
- Nrfps Are A Way For Procurement to Be More Efficient and Less Risky
- Even in An NRFP, Purchasers May Still Imply Contract A
- Drawbacks of The NRFP Process
On December 1, 2021, McCarthy Tétrault hosted Part Two of our Deep Dive into Canada’s Public Procurement Law series. The seminar, hosted by Robert Glasgow, covered Canada’s procurement landscape and Non-binding Requests for Proposals (“NRFPs”). This blog describes the top five takeaways from the session.
Canada has a large public procurement market that sees greater than $130 billion in business annually. Unlike other jurisdictions, Canada lacks a centralized statute based system to govern procurement. Instead, Canada’s procurement law is governed by a mixture of administrative and common law that are both complex and something of a patchwork from ...
Over the last half-decade, the market has been increasingly embracing a new form of solicitation to mitigate the impacts of the Contract A/Contract B framework: non-binding RFPs (or NRFPs). The NRFP framework begins from a simple premise: if the first step in a procurement analysis is establishing whether Contract A exists, it would be preferable t...
Notwithstanding the terms of the NRFP, up to and including terms explicitly disclaiming the existence of Contract A, Purchasers may still imply Contract A through communications or representations to suppliers. If a supplier successfully shows that Contract A really did exist (largely due to inadvertence or mistakes during the process), it can use ...
NRFPs are not without any disadvantages. Purchasers generally have reduced control over the process. Suppliers can withdraw their bids, which can cause issues with certain purchasers requiring certainty that a bid will be enacted if made. In addition, the ability to bind suppliers to the terms and conditions of a procurement is questionable. This m...
Mar 1, 2021 · In Canada, government contracts and procurement touches every sector. This is a remarkably complex area of the law - varying by jurisdiction (and within jurisdictions) and influenced by a multitude of factors, including common law, statute, regulation, international and national trade agreements, directives, policies, socioeconomic factors and ...
In July 2021, the SBA announced that the “federal government exceeded its small business contracting goal, awarding 26.01% or $145.7 billion in federal contracts to small businesses, a $13 billion dollar increase from the previous fiscal year.” footnote 75 The federal government also exceeded its goals for service disabled veteran-owned ...
Mar 8, 2024 · Government contracts are used when an organization seeks to do business with the federal government. Unlike commercial contracts, which are often governed by state law and a locally adapted version of the Uniform Commercial Code (UCC), government contracts operate under an entirely different system of regulations.
Government to government (G2G) contracting is our signature approach to connecting qualified Canadian businesses with foreign government buyers. What is G2G contracting?
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Jan 28, 2019 · Recently, clients have asked if they or a vendor or supplier are a “subcontractor” under a federal government contract. Sometimes the answer is easy—e.g., you are a subcontractor when a prime contractor contracts directly with a vendor or supplier (hereinafter “vendor”) to perform a federal contract. But the lines become less clear ...
