Tereposky & DeRose offers in-depth public procurement expertise. Our lawyers have acted as counsel and advisors 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 have worked on tendering and contracting matters for territorial and municipal governments, Crown corporations, Crown agencies, hospitals, museums, private sector purchasers and others. We have provided strategic advice and assisted in the development and preparation of solicitation documents and contractual terms and conditions. Our broad experience enables us to help mitigate the risk of a bidder successfully challenging the procurement process.
Our lawyers regularly advise suppliers that are responding to solicitations – especially with respect to solicitations issued by the Canadian Federal Government. Federal procurement, in particular high-value multi-year delivery and in-service support contracts for the Department of National Defence, require legal insights that can only be obtained through years of experience. We have this experience. We regularly work with potential suppliers on the analysis of solicitation documents, preparation of teaming agreements and subcontracting agreements, assessments of contractual terms and conditions and the development of procurement proposals.
We regularly appear in procurement disputes before the Canadian International Trade Tribunal and the Federal Court of Canada.
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 and the Controlled Goods Regulations (which, in part, allow for the Canadian International Traffic of Arms Regulations (ITAR) exemption).
We regularly advise on government procurement rights and obligations under international and domestic trade agreements, including the North America Free Trade Agreement, the World Trade Organization Agreement on Government Procurement, the Canada-EU Comprehensive Economic and Trade Agreement, the Agreement on Internal Trade and its successor the Canadian Free Trade Agreement.
* 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.