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SEMINAR: Tenders & RFPs: Lessons from Canadian Court Rulings
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Overview of the Course

Since the early 1980s, Canadian jurisprudence affecting procurement activities has been evolving rapidly.?The Supreme Court of Canada has provided some much needed guidance, on the basis of which the Federal and Provincial Courts and the Canadian International Trade Tribunal (CITT) have ruled on many issues put forth by buyers or bidders.

The purpose of this course is to draw lessons from the past experiences of buyers and vendors alike, so that we can avoid making the same mistakes. In an interactive environment, the class reviews a substantial number of rulings from Canadian Courts, almost equally divided between the Supreme Court of Canada, Provincial and Federal Courts, and CITT.?Landmark cases are discussed in detail, while many others are reviewed in support of key principles.

Cases are viewed from a buyer's perspective, as the course is designed for typical Federal, Provincial or Municipal buyers who do not have legal backgrounds, but would like to benefit from the past experiences of others who have faced similar challenges.?/p>


Objectives of the course

The objective of this course is to enable buyers to create Tenders, Requests for Proposals, and other procurement documents while avoiding some of the common problems faced by others for which court rulings may be instructive.?/p>


Topics include:

  • Definitions of Tenders, RFPs, and their Characteristics
  • Obligations of Buyers and Vendors
  • Critical Logistics Issues
  • Conflict of Interest
  • Low Bidders and the Process for the Selection of the Successful Bidder
  • Fairness for Buyers and Vendors
  • Errors in Buyer and Vendor Documents
  • The Proposal and Bid Evaluation Process
  • Privacy of Information and Freedom of Information
  • Contract Performance and the Bidding Process
  • Bidder Qualification Issues
  • Bidder Methodology Issues
  • Special Topics
    • Intellectual Property
    • IPO
    • Copyright


Audience

This course is designed for government personnel in procurement or contracting who need to function in a fair and open environment. Occasional buyers with experience will also find it beneficial.


Prerequisite

Although prior purchasing experience is not a prerequisite, some experience will be an asset.


BOMAR's Unique Cancellation Policy

Cancellations are accepted anytime before the course. There are no penalties. No one will ever be penalized for thinking of becoming a BOMAR customer.


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