Fasken Martineau offers clients the benefit of our extensive experience in public and private procurement and government contracting. Our experience covers the complete procurement cycle. We have a long and successful track record of assisting clients pragmatically and effectively with their procurement and contracting needs. We often tackle clients’ sensitive procurement needs by devising unique solutions to complex problems. With an international reputation for procurement expertise, we provide exceptional client service and deliver outstanding results.
We regularly challenge adverse procurement decisions in court and before the panels of international trade bodies (including the Canadian International Trade Tribunal (CITT) and North American Free Trade Agreement (NAFTA). We help enforce our clients’ rights in government procurement disputes and have acted on some of the most significant procurement disputes. Our team has also acted on criminal cases involving bid-rigging, conspiracy and other antitrust/competition issues in the context of international trade and procurement.
We also offer expertise in ethics law, anti-corruption law, and other political law regulations that apply to bidders, government contractors and other companies doing business with government.
Our lawyers provide regular analysis, insights and updates as Canada and the European Union (EU) implement the Comprehensive Economic and Trade Agreement (CETA), which will significantly impact government procurement.
Our procurement experts come from a wide range of backgrounds in various industries of expertise, from Registered Professional Engineers to the former Chief of Staff to the Prime Minister of Canada.
In our balanced practice we advise clients on the many sides of procurement matters, giving clients the benefit of our in-depth understanding of market drivers as well as stakeholder and financier motivations. As procurement law changes, our team keeps pace.
Both the public and private sectors turn to our team for help on a wide range of laws, procedures, regulations and trade agreements. Our procurement clients include provincial and federal Crown corporations; health, education and transportation authorities; shared service organizations; mining companies; developers and building contractors; various purchasing organizations; vendors; suppliers and bidders; and the banks and financial institutions providing debt financing for procurement projects.
- Procurement and contracting strategy development
- Procurement documentation drafting (tenders, requests for proposals, requests for quotations, requests for qualification, requests for information, vendor of record arrangements, bid procurement agreements and their associated subcontracts, financing agreements and security agreements)
- Evaluation criteria development
- Bidders’ tenders and proposals evaluation
- Procurement risk assessment and mitigation
- Bid disputes and fairness issues
- Contracts and related disputes negotiation and management
- Rules governing both public sector and private sector procurement processes, including:
- Standard Acquisition Clauses and Conditions (SACC) – Canada
- Code of Conduct for Procurement – Canada
- Government of Canada Integrity Regime
- Public Contracts Regulations – UK
- Public Sector Directive – EU
- Broader Public Sector (BPS) Procurement Directive – Ontario
- Management Board of Cabinet (MBC) Procurement Directive – Ontario
- Act Respecting Contracting by Public Bodies – Québec
- Canadian Tendering Law (Contract A/Contract B and implied common law duties)
- Canadian interprovincial/federal trade agreements, such as the Agreement on Internal Trade (AIT), the Ontario-Québec Trade and Cooperation Agreement, and the New West Partnership Trade Agreement (NWPTA)
- The South African Treasury Regulations governing public-private partnerships (PPPs) and other procurement supply chain projects
- South African standardized PPP provisions and model clauses