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Procurement and Government Contracts


Public procurement brings complexity and scrutiny. We bring clarity and strategy.
Procurement, tenders and government contracts are complex. From bidder engagement, to negotiation, contract award and beyond, including tender development, bid preparation, bid challenges, disputes settlement and litigation, our large, multi-disciplinary team delivers unparalleled advice, experience and knowledge. Our business, political and public relations expertise provides our clients with the strategic advantage they need to get the job done.
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Overview

Procurement and government contracts form a remarkably complex area of the law - varying by jurisdiction and influenced by a multitude of factors, including common law, statutes, regulation, international and national treaties, directives, policies and custom. You need advice that makes sense of all the moving pieces and how it can help advance and protect your business and operational interests.

At Fasken, we provide our public and private sector clients with a common sense approach to navigating this complex area of law, using an experienced, multi-disciplinary team of lawyers. What sets our team apart is the diversity and depth of our experience. Many of us have worked in key roles throughout government and industry, enabling us to provide our clients with unique and unparalleled advice in procurement and government contracts, national and international trade agreements, national security issues and tender law.

Our team of legal professionals have compiled a precise and practical overview of the procurement and tendering process in Canada.

We work with our clients throughout the entire procurement process - from requirements development and procurement planning, through the bidding process and contract negotiation, to the final contract award and beyond, including bid challenges, dispute settlements and litigation.

Our team has the experience and reputation to promote, protect and enforce your interests. We not only understand the law and the various tools it provides, but we also use these tools strategically to ensure the best outcome for our clients.

We understand that public procurement and government contracts are not typical commercial transactions. Instead, they involve public expenditures that may attract political and media scrutiny. Our approach takes into account the broader political, business and media context.

Not surprisingly, Fasken is frequently retained to act on staggeringly large, high profile public procurement and government contract matters, often spanning multiple jurisdictions.

No matter what stage of the process you are at, and no matter whether you are a purchaser or supplier, Fasken has the relevant first-hand experience and bench strength to help you achieve your objectives.

Achievements

  • Ranked nationide in Projects: PPP & Infrastructure, Chambers Canada 2018 to 2026
  • Ranked nationwide in Public Procurement, Chambers Canada 2020 to 2026
  • Ranked nationwide in Public Procurement, The Legal 500 Canada 2018 to 2026
  • Ranked Top Tier (Band 1) nationwide in South Africa in Projects & Energy, Chambers Global 2018 to 2025
  • Ranked nationwide in Infrastructure and Projects, Legal 500 2018 to 2025
  • Ranked nationwide as Top Tier (Tier 1) in South Africa in Projects & Infrastructure, Legal 500 2021 to 2025
  • Recognized in Public Procurement Law, The Best Lawyers in Canada 2020 to 2025
  • Ranked nationwide in Projects: PPP and Infrastructure, Chambers Global 2018 to 2025
  • Ranked nationwide in Procurement, The Globe and Mail 2022
  • Ranked Africa-wide in Projects and Energy , Chambers Global 2018 to 2020

Team

Primary Contacts
  • Peter N. Mantas, Partner | Litigation and Dispute Resolution | Leader, Procurement and Government Contracts, Ottawa, ON | London, +1 613 696 6886, [email protected]
  • Marcia Mills, Partner | Co-Leader, National Security and Defence Group, Ottawa, ON | Toronto, ON, +1 613 696 6881, [email protected]
  • Fergus McDonnell, Partner | Corporate/Commercial, Vancouver, BC, +1 604 631 3220, [email protected]
  • Annie Bernard, Partner | Construction Law, Montréal, QC, +1 514 397 5175, [email protected]
  • Daniel Fabiano, Partner | Corporate/Commercial, Toronto, ON, +1 416 868 3364, [email protected]
  • Hlengiwe Zondo-Kabini, Partner | Banking & Finance, Johannesburg, +27 11 586 6036, [email protected]
Peter Mantas Ottawa Lawyer Peter N. Mantas Partner | Litigation and Dispute Resolution | Leader, Procurement and Government Contracts Ottawa, ON London +1 613 696 6886
+44 20 7917 8519
Marcia Mills Ottawa Lawyer Marcia Mills Partner | Co-Leader, National Security and Defence Group Ottawa, ON Toronto, ON +1 613 696 6881
+1 416 943 8928
Fergus-McDonnell-Vancouver-Lawyer Fergus McDonnell Partner | Corporate/Commercial Vancouver, BC +1 604 631 3220
Annie Bernard Montréal Partner/Associée Annie Bernard Partner | Construction Law Montréal, QC +1 514 397 5175
Daniel Fabiano Toronto Lawyer Daniel Fabiano Partner | Corporate/Commercial Toronto, ON +1 416 868 3364
Hlengiwe_Zondo-Kabini_Johannesburg Hlengiwe Zondo-Kabini Partner | Banking & Finance Johannesburg +27 11 586 6036

Experience

  • Quandri scales enterprise customer contracting for leading insurance brokerages, [Deal - Quandri Technologies Inc.], Quandri Technologies scales enterprise AI contracting with leading insurance brokerages.
  • A provincial health authority procures AI enabled patient journey and care software, [Deal - Confidential Client], AI‑enabled patient journey SaaS procurement for a provincial health authority.
  • Infrastructure Ontario and Weeneebayko Area Health Authority Launch a C$1.8 billion Progressive Design-Build Project, [Deal - Infrastructure Ontario and Weeneebayko Area Health Authority], Fasken shapes groundbreaking healthcare project, fostering Indigenous community benefits in Ontario.
  • University Health Network announces construction of C$1 billion patient and surgical tower at Toronto Western Hospital, [Deal - University Health Network], Public research and teaching hospital network announces Toronto hospital redevelopment.
  • Crown corporation crafts C$2 billion procurement documents with trade agreement expertise, [Case - Confidential Client], American food company consults on the intricacies of transferring import quota amidst the sale of its natural cheese business
  • Thales DIS Canada Inc. disputes procurement decision under the Comprehensive Economic and Trade Agreement and the Canadian Free Trade Agreement, [Case - Thales DIS Canada Inc.], World leading supplier of card security technology and defence contractor disputes procurement decision of the Ontario government
  • Thales Canada Inc. disputes refusal of proposal related to a federal procurement with the Canadian International Trade Tribunal, [Case - Thales Canada Inc.], Leading contractor and systems integrator for defence and security in Canada files complaint, challenging conduct of Public Services and Procurement Canada
  • Metrolinx completes extensive procurement program to modernize the PRESTO payment system, [Deal - Metrolinx], Canadian transportation agency completes procurement program for payment system.
  • De Beers engages Golder as prime contractor to carry out the final closure of De Beers Victor Mine site, [Deal - De Beers Canada Inc.], De Beers Canada Inc. (“De Beers”) engaged Golder as the prime contractor to carry out the final closure of De Beers’ Victor Mine site. Golder, an engineering and environmental services consulting group, will be the primary contractor to oversee all remaining demolition and site rehabilitation of ...

Knowledge

  • US Initiates Investigations of Canada and Other Trade Partners Over Failure to Prohibit Forced Labour Imports, 4/1/2026
  • Canada 2026: All Canada, All the Time, 3/5/2026
  • US Supreme Court Rejects IEEPA Tariffs: Key Takeaways for Canadian Businesses, 2/24/2026
  • 2026 CUSMA Review Consultation, 10/23/2025
  • Update: “Elbows Up and Anchors Aweigh! “Buy Canadian” is Coming to a Federal Procurement Near You!”, 9/10/2025
  • More Than Meets The Eye: Recent Canadian International Trade Tribunal Procurement Inquiry Regulations Amendments Go Beyond Responding to Restrictive Trade Practices, 9/2/2025
  • Federal Procurement Strategy for Indigenous Business (PSIB) Faces Further Scrutiny at the Human Rights Commission, 7/30/2025
  • United for Security and Defence: Canada and the EU Join Forces in a Strategic New Partnership, 7/22/2025
  • Not Canadian Enough, Eh? How the New Interim Policy on Reciprocal Procurement Could Negatively Impact Canadian Federal Suppliers, 7/14/2025
  • Something Old, Something New, and Uncharted Waters – the Defence Procurement Agency, a New Secretary of State (Defence Procurement), and Moving the Canadian Coast Guard under the Department of National Defence, 6/19/2025

Events

  • DSEI 2025: Churchill War Rooms Dinner, 9/8/2025
  • White-Collar Crime and Data Theft: Is Your Business Well Protected?, 2/14/2024
  • Energy and Decarbonization Projects: an Opportunity for Reconciliation with Indigenous Peoples, 9/27/2023
  • Bail commercial developpements recents et lecons a tirer de la pandemie, 11/23/2022
  • Procurement Law for Lobbyists, 4/22/2021
  • Selling to the Canadian Government: Opportunities and Strategies for U.S. Companies, 10/20/2020

News

  • Marcia Mills comments on the Canadian government’s strategy to secure domestic IP in defence procurement in The Hill Times, 4/15/2026
  • Marcia Mills highlights growing opportunities linked to Canada’s defence commitments in the Ottawa Business Journal, 3/30/2026
  • Marcia Mills discusses the challenges faced by SMEs bidding on federal defence contracts in the Ottawa Business Journal, 11/19/2025
  • Marcia Mills comments on reciprocity and local purchasing requirements in Canada’s new procurement policy in the Ottawa Citizen, 9/30/2025
  • Marcia Mills discusses the federal government’s plan to consolidate procurement rules in The Hill Times, 9/17/2025
  • Marcia Mills comments on the expansion of the National Security Exception mechanism in Canada’s procurement processes in The Hill Times, 8/23/2025
  • Marcia Mills comments on Canada’s new policy aiming to regulate foreign access to federal contracts in The Hill Times, 7/17/2025
  • Marcia Mills comments on Canada’s new procurement policy in the Ottawa Citizen, 7/16/2025
  • Marcia Mills comments on the suggestion of baring U.S. companies from Canadian government contracts in The Canadian Press, 2/17/2025
  • The Hill Times quotes Marcia Mills in an article on misconduct in federal procurement, 5/2/2024

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