Overview

This module explored disputes as they arise in government procurements between economic operators and contracting authorities, from the early stages of acquisition planning through the competition and award of contracts and ending with disputes during contract performance. At each stage, the module considered ways to prevent disputes as well as ways to amicably resolve them, but also, where disputes persist, issues surrounding their litigation. The module also introduced students to the role of Procurement Ombudsman of Canada, its genesis, legislated mandate and an overview of how the position operates within the Canadian federal procurement system. 

Objectives of the Module

• Become familiar with the policies underlying, and the practices associated with contract complaints (also known as protests, bid protests, remedies, domestic challenge procedures, and disappointed offeror litigation);
• Become familiar with other types of common litigation in government contracts, including contract disputes (post-award contract administration and management problems) and contractor exclusion (or blacklisting or suspension or debarment or sanctions regimes);
• Become conversant with the broad range of policy issues (and stakeholder analysis and perspectives) underlying government contract policy- and decision-making;
• Apply this knowledge with an eye toward metrics (or measures) and performance assessment, with a special emphasis on value for money (as opposed to a slavish attraction to objective comfort of low price award criteria);
• Analyze some of the more prominent factors which tend to instigate supplier procurement complaints/challenges;
• Understand the anatomy of typical procurement disputes;
• Study Alternative Dispute Resolution (ADR) and how it can be used to diffuse procurement challenges and resolve contract disputes.  

Methodology

Material

The main reference will be the slides presented in class by the lecturers, case studies materials and readings. 

Lecturers

• Stephen Schooner
• Frank Brunetta