Top 10 Procurement Process Risks for 2017
During this interactive session, participants will discuss and review the most litigious areas of procurement that are likely to take on a higher profile in 2017. Among topics, we will discuss the crucial importance of not only ensuring the evaluation process is conducted fairly, but also well documented. As many litigants learned in 2016, the best intentions in the world won’t assist if the organization doesn’t have adequate documentation to convince a Court or other bid challenge authority. We will explore various cases related to incorrect, misleading or ambiguous information given out to bidders, as well as emerging obligations on bidders to seek clarification. Our discussions will also encompass the implications of using a Negotiable RFP process that seeks to bypass traditional implied legal obligations for competition.
- Review recent, relevant cases related to procurement challenges
- Consider future trends in bid challenge processes and court decisions
- Analyze new ‘good faith’ contracting obligations established by the Supreme Court of Canada
- Discuss protective procedures each side can adopt to reduce the frequency and impact of claims
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