


Procurement
Governments in Canada spend almost $200 billion per year on goods and services supplied by businesses in Canada and abroad. Companies interested in maximizing their access to this lucrative market need to deal with a challenging array of policies, international obligations and domestic laws related to public procurement. Changes in free trade agreements will make the government procurement market even more competitive and complex. That’s where our team can help.
McMillan’s Government Procurement practice thoroughly knows the language of government procurement law. We are reputed authors and editors of the whole range of government procurement contracts including tenders and requests for proposals (RFP), requests for standing offers (RFSO) or supply arrangements (RFSA), requests for information (RFI) or quotations (RFQ), and task authorizations (TAs). McMillan is also the only Canadian law firm with a partnering government relations firm, McMillan Vantage Policy Group, including a diversified team of senior members of government who can assist with public policy advice and strategy when pursuing government procurement contracts.
Whether you are considering participating in a bidding process for a government procurement agreement or are working on preparing a winning bid, our lawyers can help set you up for success. We advise corporate clients on rights and obligations, as well as how to deliver a compliant and compelling bid submission. Our team has significant experience in helping to prepare high-quality bids and advising on bidder eligibility. Through our strategic counsel, our clients remain focused on achievable winning bids and avoid spending time on bids that are unlikely to be successful.
Legal rights and obligations are very important when a procurement decision is made. If the government decision is unfavourable, you may have the right to obtain a detailed explanation and to challenge the decision. Our team has considerable experience defending and prosecuting complaints before tribunals and the courts and can quickly identify the appropriate mechanism to allow you to voice concerns in a timely manner.
McMillan successfully contests procurement decisions on our clients’ behalf via dedicated procurement bodies such as the Canadian International Trade Tribunal, a particular municipal committee, or by submitting a claim to the courts.
We have successfully dealt with disputes surrounding government procurement contracts for all goods and services, ranging from military vehicle parts to information technology, to financial consulting services, to public transit.
McMillan also advises corporate clients in circumstances where rights and obligations aren’t respected. For example, when governments use an existing government procurement contract to exclude other potential suppliers, freedom of information, access to information, and privacy come into play to help our clients address issues through the course of the contract and afterwards.
McMillan’s government procurement team helps clients lead by:
- Obtaining government procurement contracts on their behalf after an unsuccessful bid, by raising concerns surrounding improper evaluation;
- Protecting contracts awarded to clients through competitive government procurement processes;
- Providing counsel for government entities on procurement processes and policies, dispute resolution and the formation of strategic alliances (including divestment/outsourcing of business functions); and
Advising companies on bid preparation and submission, compliance with solicitation documents, debriefing meetings, and ensuring government compliance throughout contract delivery.
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Insights (24 Posts)
Canada’s Budget 2023: Compromise and Competition – Climate, Carbon and CCfDs
An update on Canada’s Budget 2023 and the future of carbon contracts for differences (CCfDs) in Canada.
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Mar 29, 2023
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Settlement Counsel – valuable addition to the dispute-resolution toolkit
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
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Mar 28, 2023
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Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”
Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.
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Mar 15, 2023
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Rush Order – Government of Canada Invokes Urgent Operational Requirements to Justify Quick Purchases of Military Goods
Canada's Defence Minister invokes Urgent Operational Requirements in Eastern Europe to buy military hardware using an exceptional procurement mechanism
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Mar 10, 2023
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Procurement in Ontario: Current State-of-Play
Potential changes to procurement in Ontario include the operationalization of Supply Ontario and "Buy Ontario" legislation.
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Mar 8, 2023
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Greening Procurement in Canada: New Implications for the Construction Industry and Beyond
Two new standards under Canada's Policy on Green Procurement impose greenhouse gas emissions disclosure obligations on federal departments and contractors.
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Feb 1, 2023
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A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry
Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?
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Jan 9, 2023
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Ottawa LRT and the Future of P3s: Public (interest), Private (collaboration) & (meaningful) Partnerships
A summary of the Commission’s key recommendations arising from the Ottawa Light Rail Transit Public Inquiry regarding the public-private-partnership (P3) model.
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Dec 5, 2022
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Bill 96: How changes to French language legislation will impact your Business Practices and Documentation
This webinar discusses the newly passed Bill 96 and its impacts on the day-to-day operations on companies doing business in Québec or otherwise interacting with Québec counterparties.
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Tuesday, June 21, 2022
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We Have a DPA: Prosecutors Agree to Deferred Prosecution Agreement With SNC-Lavalin
Canadian prosecutors have for the first time agreed to a deferred prosecution agreement with a Canadian company.
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May 16, 2022
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Federal Court Denies Injunction to Suspend Federal Government’s Supplier Mandate
The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.
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Nov 30, 2021
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“Time Machine or Cash Machine?”: Federal Procurement Basics #3 (Compensation and other Remedies)
A review of the remedies in a federal procurement complaint to the Canadian International Trade Tribunal (CITT)
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Aug 18, 2021
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Ontario’s Lobbying Watchdog Wants Stronger, Clearer, Lobbyists Registration Act
Ontario's lobbying czar wants changes made to Ontario's lobbying law that will capture more activity and require more corporations and non-profits to comply.
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Aug 10, 2021
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Cracking the Code – A Few Key Considerations for Developing Codes of Conduct
Codes of Conduct are an important tool for companies to mitigate legal and reputational risk by promoting ethical and responsible conduct of their employees.
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Jun 30, 2021
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Federal Procurement Basics #2: The Many Grounds for Federal Procurement Challenges: A ‘Keeping It Simple’ Summary
A review of the grounds for filing a federal procurement complaint to the Canadian International Trade Tribunal (CITT)
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Jun 1, 2021
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Federal Procurement Update #1: Filing a Complaint at the Canadian International Trade Tribunal: A Sprint Rather than a Marathon
A review of when and how to file a federal procurement complaint to the Canadian International Trade Tribunal (CITT)
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May 5, 2021
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Federal Procurement Complaints: CITT Passes Milestone in 2020/2021
A review of the Canadian International Trade Tribunal (CITT) procurement review mandate for 2020/2021.
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Apr 19, 2021
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BC excavator’s court case takes a dig at municipal procurement policies undermined by the CFTA & CETA
Is the use of reprisal clauses (also called litigation exclusion provisions) in municipal procurement policies and tender documents about to hit rock bottom?
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Mar 21, 2018
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Who ya gonna call (out)? Government of Canada introduces tip line to report federal contract fraud
Who ya gonna call (out)? Government of Canada introduces tip line to report federal contract fraud.
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Apr 20, 2017
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In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
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Apr 6, 2016
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Procurement complaints against the government: more than just bid challenges
Procurement complaints against the government: more than just bid challenges
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Feb 11, 2016
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The Persian Conversion: New rules for doing business in Iran
The Persian Conversion: New rules for doing business in Iran
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Feb 9, 2016
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For Better or Worse? Canada Updates Procurement Integrity Regime
Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New
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Aug 4, 2015
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Federal Government Tightens Procurement Integrity Provisions
Federal Government Tightens Procurement Integrity Provisions
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Mar 19, 2014
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