The Canadian Government is one of the largest public buyers of goods and services in Canada, spending approximately $22 billion annually on behalf of federal departments and agencies. The competitive procurement process aims to get the best value for Canadians while enhancing access, competition and fairness. However, the bidding process is rife with presumptions and implied terms that can lead to unforeseen and unwanted consequences if not prevented or properly mitigated. In this session, topics of discussion include:

• Navigating the differing definitions of what constitutes the commencement of the procurement process
• Understanding when and how a response to tender may create a contract to avoid liability you are not prepared for
• Analyzing the Owner’s duty of “fairness” in bidding
• Managing allegations of bid shopping and addressing the impact of bid shopping on the industry
• Understanding exclusion clauses and your rights when the owner breaches their obligation of fairness
• Understanding the advantages and disadvantages that come with naming the subtrades in bids