Purchasing and Procurement Legal Issues
Keeping it legal—MARCH/APRIL 2012 PRINT EDITION
Legal tips and viewpoints from our expert panel of purchasers and lawyers
Are you over the line? MARCH/APRIL 2012 PRINT EDITION
Value and thresholds in public procurement
Sub-contractors shut out
Sub-contractors can sue contractors, but have had little success suing owners—(from the Jan/Feb 2012 print edition)
Running a successful RFP
Procurement professionals know running a successful RFP is both art and science
Legal Issues
“Harper, get your ass down here” roars crowd at Electro-Motive protest [VIDEO]
15,000 rally in London, Ont. against Caterpillar’s controversial lockout of its Electro-Motive plant.
Canada Revenue Agency gets failing grades from small business
A Canadian Federation of Independent Business survey says there’s been an increasing number of audits for companies with more employees.
The public sector sole-source dilemma
As public purchasers we are faced with the dilemma of how to avoid sole sourcing and, at the same time, still meet the needs of our internal client departments.
A new frontier
In keeping with British Columbia’s long history of being at the forefront of high-profile tendering disputes, the BC Supreme Court’s recent decision in Metercor Inc v. City of Kamloops represents a new frontier in legal risk for public institutions.
Procurement Challenges: When bidding is (sort of) closed
Evaluating competitive bids should be straightforward – but it rarely is. Many questions arise after bids close: Can we contact the bidders to clarify important points?
How ethical is your purchasing?
A component of a successful procurement career is to act ethically in all situations, says a report from US-based procurement education organization Next Level Purchasing.
Know your risks
Navigating a procurement contract can be like navigating a minefield. Some risks are obvious, others aren’t.
Principals, beware apparent agency
To help readers understand how agency law can impact a principal’s relationship with outsiders, we cover here the topic of agents and agents’ authority.
Paperless procurement
The paper-based bidding process hasn’t changed much with the times. In fact, bid submission practices remain trapped in a tendering time warp, frozen throwbacks to the pre-Internet era.
The risks of outsourced procurement
In Canadian business, more and more companies and governments are outsourcing procurement functions to agents. As with all situations where a function formerly done by in-house employees is contracted to outside workers, there are both risks and rewards.
Legal Link: You’re gonna work for who?
When employment and corporate relationships break down, concerns can arise about restrictive covenants, in which one party promises to refrain from certain actions.
Checking the legal landscape
What trends should procurement professionals keep their eyes on in 2011?
Aerospace industry concerned about counterfeit parts
AIA issues report on counterfeit parts and threat to the supply chain
Underwriting your fleet
PURCHASINGB2B MAGAZINE, NOVEMBER/DECEMBER 2010: No matter which type of vehicle you choose for your fleets, accidents are bound to happen. It’s understandable—the people who drive your vehicles were likely hired for their professional skills, not their dexterity on the road. In fact, Transport Canada reports that 75 percent of crashes are caused by driver error. ...
Context is everything
Even a written contract—voluntarily signed by the parties with the intention that it comprise their entire agreement—may be worthless if the true meaning of the words used cannot easily be determined.
Supreme Court rules in Tercon case
The Supreme Court of Canada’s controversial five-to-four split decision in Tercon Contractors Ltd v British Columbia (Tercon)—which was issued on Friday, February 12—is a clear warning to those who break tendering rules and then try to hide behind cleverly worded tender call provisions. Rather than bullet-proofing the procurement process, the reserved rights and liability disclaimers ...
Legal leaders
Our roundtable of legal experts met in January. Back: Denis Chamberland and William Pigott. Middle: Marvin Huberman and Michele Sweeting. Front: Brian Habjan. Photography by Roger Yip From bidder disputes to landmark court cases, 2010 is shaping up to be a busy year for legal issues. In early January, Purchasingb2b convened a roundtable of legal ...
