Government Procurement Bid Challenges

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The Government of Canada is the largest buyer of goods and services in Canada. Canadian and international businesses are bidding on government contracts in Canada. Canadian businesses are bidding on lucrative government contracts with Canada’s largest trading partners.  Questions arise from time to time as to whether there is a level playing field for businesses or do governments play favorites.  LexSage is here to help when those questions arise.

LexSage has expertise in international agreements dealing with government procurement, such as the WTO Agreement on Government Procurement, Chapter 10 on NAFTA and similar chapters in other free trade agreements, and Chapter 5 of Canada’s Agreement on Internal Trade.  Canada’s statutory and regulatory rules are found in the Canadian International Trade Tribunal Act and Canadian International Trade Tribunal Procurement Inquiry Regulations, and Canadian International Trade Tribunal Rules.

Cyndee Todgham Cherniak has the distinction of working on the team of lawyers that represented Mechron Energy Ltd. in a government procurement bid challenge before the Canadian International Trade Tribunal.  She secured one of the largest settlements in Canada in a government procurement bid challenge under Chapter 10 of NAFTA. Cyndee has represented a number of clients in government procurement bid challenges, including:

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In addition, LexSage has experience with specific government rules dealing with government procurement including Canada’s Treasury Board and Public Works and Government Services Canada Guidelines. LexSage is also well-versed in Canadian court cases involving domestic cases that do not have an international component.

LexSage also has significant experience dealing with “Buy America” issues.  Cyndee Todgham Cherniak has advised many clients with issues on local contracts and state contracts.  In many cases, a solution has been found to the problem that enabled the Canadian company to satisfy the decision makers in the United States that they are permitted under U.S. law to buy from a Canadian company.

Cyndee Todgham Cherniak is a honoured to be on the MCA Moldova Bid Challenge list of panel members to decide bid challenge protests in Moldova.  In addition, she is a sessional professor at the University of Windsor Law School and teaches a course on Canada-U.S. Trade Issues (including government procurement and buy America).  She is a frequent speaker on government procurement issues.

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How can we help you?

  • Do you need assistance navigating Canada’s procurement laws, regulations, policies and procedures (e.g., the contract was awarded to a non-compliant bidder, the contract was awarded in a manner that was inconsistent with the evaluation criteria in the RFP, the technical criteria or evaluation criteria are unclear, the government of Canada engaged in an improper sole sourced contract, etc.)?
  • Have you lost a federal or provincial government contract unfairly?
  • Would you like to file a government procurement bid challenge at the Canadian International Trade Tribunal within the 10 day deadline?
  • Have you filed a government procurement bid challenge with the Canadian International Trade Tribunal and it has been accepted for inquiry?
  • Have you been awarded a contract in a situation where an unsuccessful bidder may file a challenge?
  • Would you like to participate as an intervener in a government procurement bid challenge filed by a disgruntled party?
  • Have you lost a government procurement bid challenge before the Canadian International Trade Tribunal and must respond to cost submissions made by the Canadian government?
  • Have you lost a government procurement bid challenge before the Canadian International Trade Tribunal and would like to appeal to the Federal Court of Appeal?
  • Do you require assistance preparing a bid in accordance with Canadian federal or provincial procurement rules?
  • Do you require assistance reviewing Canadian federal or provincial tender documentation (such as an RFP or RFSA)?
  • Have you discovered a problem with a Canadian federal or provincial tender document?
  • Do you require assistance communicating with a procuring department?
  • Do you require assistance with a debriefing meeting?
  • Are you a Canadian company being denied an opportunity due to Buy America provisions or other protectionist laws or policies?
  • Do you require assistance discussing protectionism with the Canadian government and asking for action to be taken under the WTO Agreement on Government Procurement or a free trade agreement?
  • Do you require assistance preparing internal documents that are company procurement guidelines?
  • Do you require assistance developing and implementing disaster recovery and document retention plans to satisfy contractual obligations?
  • Do you require a policy and training policy with regards to international anti-corruption?
  • Are you an international broker and require assistance in identifying Canadian registration and compliance requirements?
  • Are you buying or selling a company that derives a large proportion of its revenue from government contracts and need assistance in the due diligence activities?
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Additional Information About LexSage

Cyndee Todgham Cherniak is recognized as a leading lawyer in the area of customs and trade laws, including: 

  • The International Who’s Who of Trade and Customs Lawyers (2010, 2011, 2012)
  • The International Who’s Who of Business Lawyers: Canada (2011, 2012)
  • The Legal Media Group Guide to the World’s Leading International Trade Lawyers (2007 – present)
  • The Legal Media Group Guide to the World’s Leading Women Lawyers in Business (2010-2011, 2012-2013)
  • The Legal Media Group Guide to the World’s Leading China Lawyers – International Trade Lawyers (2011/2012)
  • Chamber’s Global:  The World’s Leading Lawyers for Business (2006 – present)
  • Canadian Legal Lexpert® Directory (2004-2007).

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*LexSage Professional Corporation is approved by the Law Society of Upper Canada