Private parties do not enjoy absolute freedom of contract in the context of competitive procurement processes. The Canadian courts have recognized that public policy considerations weigh in favour of requiring procuring authorities and bidders to play by a common set of rules. Whether you are soliciting or submitting proposals for work, it is essential that you understand your rights and obligations as a party to the competitive bidding process.
WeirFoulds has extensive experience advising public and private sector organizations on all aspects of procurement processes. We assist clients with drafting RFEI’s, RFQ’s and RFP’s (including privilege clauses), tender documents and the substantive contracts that govern the procuring authority and successful bidder. We have deep knowledge of the trade agreements and government guidelines that affect the procurement practices of public sector entities. We advise clients on their fairness obligations, and act for clients in dispute proceedings and judicial review applications in the event that procurement processes are handled improperly. We also provide legal advice to Evaluation Committees and Steering Committees and to municipal councils and other public bodies on procurement issues.
We take a multi-disciplinary approach to our procurement files, engaging our commercial, construction, public, administrative and litigation experts as necessary to ensure our clients receive excellent advice that is tailored to their needs.