EXPERTISE

Key Contacts

Public Procurement and Government Contracting

IMPORTANT NOTICE

If you are contemplating challenging the outcome of a public procurement or tendering process, the strict and very short time limitations imposed on such challenges require immediate action as soon as you are informed of the results.

Tereposky & DeRose offers in-depth public procurement expertise. We have acted as counsel on complex procurement issues for both suppliers and purchasers. We have addressed the full range of Canadian procurement issues, from initial formulation of procurement strategies to prosecution or defence of procurement disputes.

Our lawyers work with suppliers that are responding to high-value solicitations. The range of services provided includes analysis of solicitation documents, preparation of teaming agreements and subcontracting agreements, assessments of contractual terms and conditions, and the development of procurement proposals. We offer legal insights that can only be obtained through years of experience.

Our lawyers regularly appear in procurement disputes before the Canadian International Trade Tribunal and the Federal Court of Canada, as well as judicial reviews before the Federal Court of Appeal.

Our federal government procurement advice includes the applicability and implications of the Defence Production Act, the Code of Conduct for Procurement, Canada’s Integrity Regime, security requirements under the Contract Security Program, and the Controlled Goods Regulations (which, in part, allow for the International Traffic of Arms Regulations (ITAR) Canadian exemption).

We regularly advise on government procurement rights and obligations under international and domestic trade agreements, including the Canadian Free Trade Agreement, the World Trade Organization Agreement on Government Procurement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Canada-European Union Comprehensive Economic and Trade Agreement.

Our team has represented clients in complex public procurement litigation before the Canadian International Trade Tribunal, the Nunavut Court of Justice, the Federal Court and the Federal Court of Appeal, including:

  • University of Ottawa and Coding for Veterans (Joint Venture), PR-2020-030 (CITT)
  • Marine Recycling Corporation and Canadian Maritime Engineering Ltd., PR-2020-038, PR-2020-044 and PR-2020-056 (CITT)
  • KPMG LLP, PR-2018-014, PR-2018-024 (CITT)
  • Canada (Attorney General) v. Masha Krupp Translation Group Ltd. and CLS Lexi-Tech Ltd., 2017 FCA 231
  • Deloitte Inc., PR-2016-069 (CITT)
  • The Masha Krupp Translation Group Ltd. v. Canada Revenue Agency, PR-2016-041 (CITT) (counsel for the intervener, CLS Lexi-Tech)
  • Adlair Aviation (1983) Ltd. v. Nunavut (Commissioner), 2017 NUCJ 19
  • Oshkosh Defense Canada Inc., PR-2015-051 and PR-2015-067 (CITT)
  • Nunavut Innovative Health Solutions v. NNI Contracting Appeals Board, 2014 NUCJ 29
  • Deloitte Inc. (Re), PR-2014-055 (CITT)
  • Pomerleau Inc. (Re), PR-2014-048 (CITT)
  • Irving Shipbuilding Inc. v. Canada (Attorney General), [2009] F.C.J. No. 449 (FCA)
  • Irving Shipbuilding Inc. v. Canada (Attorney General), [2008] F.C.J. No. 1500 (FC)
  • Irving Shipbuilding Inc. v. Canada (Attorney General), [2007] F.C.J. No. 1242 (FC)
  • BRC Business Enterprises Ltd. (Re), PR-2010-012 (CITT)
  • Deloitte & Touche LLP, PR-2005-044 (CITT)
  • C2 Logistics Inc. (Re), PR-2005-020 (CITT)
  • CDI Education Corp. (Re), PR-2005-025 (CITT)
  • Northern Lights Aerobatic Team, Inc. (Re), PR-2005-004 (CITT)
  • Fleetway Inc. (Re), PR-2003-075 (CITT)
  • FLIR Systems Ltd. (Re), PR-2002-077 (CITT)
  • InBusiness Systems Inc. (Re), PR-2002-020 (CITT)
  • Hewlett-Packard (Canada) Ltd. (Re), PR-2001-030 and PR-2001-040 (CITT)
  • Siemens Westinghouse Inc. (Re), PR-2000-039 (CITT)

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