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 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
Canadian Consulting Engineer, June/July 2015, 37
“In a disturbing trend, a B.C. municipality is refusing to work with contractors and consultants who have been involved in recent litigation brought against it.” Click here to read the full article. Co-authored with Owen Pawson.
Stirring The Pot: Comment On the Rankin Decision
Construction Law Letter, Spring 2015
BPSAA: The Other Shoe Has Dropped
Miller Thomson Newsletter
Integrity In Bidding: A Moving Target
Construction Law Letter, January/February 2011
Dražen Bulat presents a lecture on Tendering Law to the Ontario Association of School Business Officials on November 5, 2010
More information about Ontario Association of School Business Officials
Dražen Bulat presents a lecture on “Minimizing Risks at the Pre-Tender Stage” to the Ontario School Boards’ Insurance Exchange on November 4, 2010
More information about Ontario School Boards’ Insurance Exchange