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Procurement


Not your typical commercial contract? We’re not your average team.
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

Team

Primary Contacts
  • Peter N. Mantas, Partner, Ottawa, ON | London, +1 613 696 6886, pmantas@fasken.com
  • Marcia Mills, Partner | Co-Leader, National Security, Ottawa, ON | Toronto, ON, +1 613 696 6881, mmills@fasken.com
  • Fergus McDonnell, Partner, Vancouver, BC, +1 604 631 3220, fmcdonnell@fasken.com
  • Annie Bernard, Partner, Montréal, QC, +1 514 397 5175, abernard@fasken.com
  • Daniel Fabiano, Partner, Toronto, ON, +1 416 868 3364, dfabiano@fasken.com
  • Hlengiwe Zondo-Kabini, Partner, Johannesburg, +27 11 586 6036, hzondo-kabini@fasken.com

Client Work

  • 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.
  • 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
  • De Beers engages Golder as prime contractor to carry out the final closure of De Beers Victor Mine site, [Deal - De Beers Canada Inc.]
  • Canadian Trade Association strategizing for member promotion in public tenders, with a focus on carbon footprint reduction and compliance with provincial government’s international trade commitments, [Case - Confidential Client], Trade Association reviews technical requirements for promoting their members' product in public tenders
  • Parker Johnston Industries Ltd. among first organizations to successfully challenge several public procurements issued under the CFTA, [Case - Parker Johnston Industries Ltd.], Leading Canadian roofing company challenge a number of public procurements issued under the Canadian Free Trade Agreement
  • Kraft Heinz Co’s C$1.62 billion sale of its Canadian natural cheese business to Parmalat SpA, [Deal - Kraft Heinz Canada Inc.]
  • Alion Science and Technology Corporation challenges decision in C$60 billion public procurement—the largest in Canadian history, [Case - Alion Science and Technology Corporation], Global military engineering and technology leader pursues legal challenge with respect to the largest procurement in Canadian history to date

Knowledge

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