Legal Update: 2016 Edition
This year’s Legal Update explores a number of recent cases that wade into the thorny area of substantial compliance and highlight the critical importance of accurate contract and RFx drafting. Issues such as whether a last minute faxed revision to a bid violates the tender rules, whether failure to attend a site visit should lead to rejection and whether a minor amendment to the tender form is critical, largely all turn on the precise wording in the RFx document. Learn how the courts interpret privilege and discretion clauses and discover new ways to protect your own organization from legal attack. Course Description.
Contact us to schedule your in-house session.
As this year’s case law demonstrates, even if you are operating outside Contract A and therefore not subject to legal challenges related to bid compliance, you are not immune from litigation. This session provides an overview of judicial consideration of the pivotal 2014 Supreme Court of Canada decision in Bhasin v Hrynew. How have the Courts applied this new ‘organizing principle of good faith’, and what impact has this decision had on procurement practice in Canada? Other cases explore whether an organization can be held liable for failing to follow its own by-laws even if it has followed its express RFx obligations, and whether there is a duty to inform related to First Nations unrest.
As a bonus, we will highlight our experience delivering our newest offering “Negotiable RFPs: Strategies for Successful Binding and Non-binding Processes” across the country. Find out how organizations are using the NRFP process – is it really reducing overall risk, or is it proving to be simply a means of trading one risk for another? Is there consistency across the country? Find out some current best practices, and learn how this strategy is being used to drive value from the competitive process in select circumstances.
Join Maureen Sullivan for this fast-paced interactive eSeminar covering recent legal development relevant to procurement professionals.
- Analyze judicial response to discretion and privilege clauses
- Review the interplay of by-law requirements and RFx duties
- Consider whether the duty to warn extends to knowledge of First Nations unrest
- Examine the impact of the 2014 SCC decision in Bhasin v Hrynew
- Discuss the practical and legal implications of the NRFP process in Canada