Partner Phil Symmonds writes in Supply Chain about how the procurement of goods and services in Canada is subject to a “well-developed body of case law” and “international trade treaties”.

Phil shares insight on how Canadian courts examine the rights of the parties in call for tenders and the dangers of undisclosed criteria in the procurement space.

“Authorities are not always satisfied with the outcomes of their processes and find themselves with unintended outcomes”, cautions Phil. This use of undisclosed criteria is often “the source of many lawsuits in the procurement space”.

Phil outlines principles that procuring authorities should follow to govern themselves:

• Bidders should have access to the same information and at the same time.
• All bidders should be given the opportunity to engage and on the same terms.
• Continuity is important; change in the middle of the game should be approached cautiously.

“Good process drives good outcomes”, Phil writes. “It allows for better decisions and better outputs”.

Learn more about our Procurement Practice.