If you want to provide goods or services to a public entity, such as a hospital, university, municipality, school district, crown corporation or government ministry, at some point you are likely to have to engage in a bidding process.
In most cases there are strict rules that a public entity has to follow in a bid process. For example, there are typically rules about only accepting compliant bids, about whether prices can be corrected or clarified after the bid process closes, and about not awarding contracts based on a local preference. All of these strict rules create obstacles for the public entity, which often give rise to legal claims from disappointed bidders. For example, in the event that a public entity has accepted a non-compliant bid, the company that came second can often successfully sue for its lost profits. Likewise, a company can also recover its lost profits if its bid was wrongly disqualified by a public body and it would have otherwise been the highest ranked bidder.
Based on his experience working for a crown corporation, David Hughes brings unique insight into the strengths and weaknesses of a public entity’s bid process. We can give advice on whether your bid is likely to be compliant before you submit your bid. We can also help you uncover information about the bidding process after the fact to help you determine if you have a claim. If you do have a claim, we can help you by bringing a court action against the public entity for your lost profits.
Our bidding and tendering lawyers are David Hughes, Jeff Frame, and Courtney AuBuchon.