Procurement is in the spotlight, and will be for years to come.
Governing bodies are rapidly changing the rules of the game – forcing increased fairness and open competition among sellers, adding to the complexity of the process, and magnifying the risks of getting it wrong. Shareholders and management are demanding that purchasing become a powerful source of cost savings and efficiencies. And the media is watching.
That’s the bad news. The good news is that significant areas of investment – energy, technology, natural resources, the environment, global trade – are driving huge opportunities for both buyers and sellers to play the game right, profit, and reduce costs.
Involving our procurement lawyers from the start in the purchasing or selling process will help you avoid pitfalls that may require legal untangling later. End-to-end procurement advice and services, from both a buyer and seller perspective, can mean increased shareholder value through winning bids and time and cost savings.
We represent the private sector and federal, provincial and municipal government entities in all aspects of procurement:
- protect you when issuing the RFP and drafting terms of engagement;
- ensure the best price, quality and protection in the contract;
- ensure compliance with domestic and international agreements – WTO, NAFTA, US-Canada;
- mitigate the risks of the contract award or tendering process being challenged by unsuccessful bidders; and
- reduce the time and cost spent on the procurement process.
If you are selling to the Canadian private sector or government entity at any level, we can:
- help you fully understand the scope of procurement when preparing a bid;
- provide strategic advice on the private or government contracting process from start to finish;
- ensure compliance with domestic and international procurement agreements;
- provide advice and expertise on contract negotiation; and
- help you navigate and resolve bid protests and related litigation.
If you are a domestic or international organization buying goods, services or technology, we can help:
- preparing and responding to proposals and requests for tenders;
- developing selection criteria;
- advising on the selection of a successful bidder;
- preparing and negotiating contract documentation;
- ensuring compliance with domestic and international procurement agreements; and
- resolving disputes or protests through negotiation or litigation, including before Canada’s bid review mechanism authority, the Canadian International Trade Tribunal.
To best meet your organization’s unique situation and needs, our lawyers’ procurement experience and expertise is integrated with – and draws on – the firm’s deep expertise in Technology, Energy, Infrastructure, International Trade & Investment, Tax and Public Law.