Miller Thomson’s Procurement Group comprises a team of professionals across Canada with in-depth knowledge and experience to assist with any stage of the procurement process. Our clients include federal, provincial and municipal government entities, broader public sector organizations, domestic and international private sector corporations, and contractors, for whom we provide legal advice on all aspects of the procurement process from the planning stages to bid evaluation, bid submission, bid award and contract negotiation. We also help untangle problems that can arise when things go awry.
Since Ron Engineering was decided in 1981, procurement has evolved into a complex process within the construction sector and almost anywhere else procurement is undertaken. Layered on top of the myriad cases that have been decided since 1981, are various legislated requirements, such as the Broader Public Sector Procurement Directive in Ontario, all of which need to be considered when undertaking or responding to a procurement. Procurement can be a minefield and can result in serious consequences – for both owners and bidders. Engaging our lawyers from the beginning stages of a procurement process will ensure that the procurement risks are managed and that any unique legal aspects of the procurement process are addressed.
Our Procurement Group lawyers can assist with:
- strategic planning and procurement structuring advice ranging from and relating to requests for expressions of interest (RFEI), requests for supplier qualifications (RFSQ), requests for quotation (RFQ), requests for tender (RFT), requests for proposals (RFP), as well as “hybrid” procurements and alternative service delivery models
- assisting owners and bidders with issues that arise throughout the procurement process, including compliance opinions and bid disputes
- ensuring compliance with applicable domestic and international procurement legislation, directives, policies or trade agreements
- managing bid disputes and litigation associated with the procurement process
- drafting contracts to be signed with the successful bidder, ranging from those between the owner and its consultants, to contracts that will be necessary to implement the project. Where standard form contracts exist, we recommend and develop supplementary conditions based on the requirements of the client and the project. Where needed, we can also create “custom-built” contracts.
The decision to use a particular procurement model should be based on the needs and requirements of both the client and the project. Whether a client is securing the services of a professional, purchasing goods, or undertaking any other competitive purchasing process, we have the tools required to create a procurement mechanism which will best serve our client’s needs. And, where the “bid contract” or “Contract A” is invoked, our lawyers will help reduce the exposure of our clients in the event mistakes are made.
Chad Eggerman joins the Saskatoon office as a Partner.
Chad practices in the area of energy, mining and natural resources.
Rosa Mauro speaks at the OBA “Sharing Success Strategies: Private Practice Excellence” seminar
Rosa Mauro is presenting at the OBA “Sharing Success Strategies: Private Practice Excellence” seminar, focusing on women lawyers who have excelled in various areas of private practice. Our unparalleled faculty of local women lawyers share their key strategies and lessons...
Rosa Mauro speaks on Procurement Issues
Rosa Mauro will be presenting on Procurement Issues at the OBA’s “Contracts, Consultants and an Evolving Legal Landscape: What You Need to Know”.
Dražen Bulat speaks at Procurement Day
Dražen Bulat speaks as a member of the “Prequalification Panel” at the Procurement Day held at the Novotel Hotel.
Dražen Bulat presents a lecture on Bonds/Insurance to the Toronto Construction Association on Wednesday, October 20, 2010, 6:30 to 9:30 p.m.
Wednesday, October 20, 2010, 6:30 to 9:30 p.m. Toronto Construction Association 70 Leek Crescent Richmond Hill, Ontario L4B 1H1
Dražen Bulat presents a lecture on Tendering Law to the Toronto Construction Association on Wednesday, October 13, 2010, 6:30 to 9:30 p.m.
Wednesday, October 13, 2010, 6:30 to 9:30 p.m. Toronto Construction Association 70 Leek Crescent Richmond Hill, Ontario L4B 1H1
Dražen Bulat presents “WHY I CAN’T WIN: Government Tendering, Bid Protests & Remedies in National & International Cross-Border Procurement” at the IBA Conference in Vancouver on October 7, 2010
More information about the International Bar Association Annual Conference
Construction Procurement and Contract Execution: Part 2
Miller Thomson’s CPD series continues in 2013 with our high-quality Continuing Professional Development series of breakfast meetings/webcasts open to all corporate counsel. Led by legal and industry experts, and accredited by The Law Society of Upper Canada, the programs offer...
Miller Thomson will be hosting a breakfast seminar: “Green Made Practical” on Sept. 23 in Toronto
Use and Non-Use of Licensed Land Agents by Renewable Energy Companies
In Alberta, oil and gas companies have long required the services of accredited land agents in acquiring or leasing land to exploit the mineral resources there. The recent surge in interest in renewable energy sources, especially wind and solar, presents...
Reminder Notice to Real Estate Owners and Tenants in Quebec – 2018-2020 Property Assessment Appeals
Deadline : April 30, 2018 The value of your Quebec property is assessed every three years by the relevant assessing authority (“Authority”), depending on the assessment cycle your municipality is part of. This triennial assessment will determine the property taxes...
Environmental Liability of Commercial Landlords: Limited Landlord Liability for Acts/Omissions of its Tenants
A case review of Sorbam v Litwack 2017 ONSC 706 (CanLII), aff’d 2017 ONCA 850 Synopsis The case involves a somewhat typical contaminated land dispute between neighbouring commercial property owners. The plaintiff conducted investigations on its property in support of...
“Green” Changes Announced for Ontario Building Code
On July 14, 2017, the Ministry of Municipal Affairs announced the replacement of the Ontario Building Code, effective January 1, 2019. The changes are being made to include new requirements supporting the government’s Climate Change Action Plan (CCAP) of June...
What Does the Elimination of the Ontario Municipal Board Mean? – Preliminary Expectations
The Ontario government has announced that it will introduce legislation to replace the Ontario Municipal Board (“OMB”) with a new Local Planning Appeal Tribunal (“LPAT”). The most important change is the elimination of the OMB’s power to substitute its decision...
New Real Property Register Requirement
On December 10, 2016 the Forfeited Corporate Property Act, 2015 (“FCPA”) came into force in Ontario. This act makes it easier for the Government of Ontario to use or sell property that has been forfeited to the Ontario Crown upon...
New Vancouver-Area Real Estate Taxes
Two taxes have been recently introduced in the Vancouver area, designed to cool the local estate market. The BC “Foreign Buyer Tax” Effective August 2, 2016, a transfer tax of 15% of fair market value is payable by “foreign nationals”...
Short-Term Condominium Rentals
Short-term rental condominiums operated through online companies like AirBnB and VRBO are becoming an increasingly popular choice for travellers and condominium unit owners alike. Travellers appreciate the sense of home, convenience, affordability and amenities that a privately owned condominium provides,...
Review Your Property Tax Situation Before 2016 Ends
As 2016 draws to a close, there are a number of property tax questions that landowners and tenants in Ontario should consider to ensure you do not miss a tax saving opportunity. Do you wonder if some or all of...
Sometimes, the unexpected can occur. Someone gets sick, a big contract falls through, or renovations of a new space go awry – for whatever reason, a tenant may find itself unable to vacate its premises on the termination date of...