Calls for tender

Presentation
Representative work
Specialists

Presentation

Our team often provides advice in the context of litigation concerning calls for tender, acting both for bidders and for clients. For instance, we have successfully represented bidders who were unfairly excluded from the request for proposal process, achieving either the cancellation of the process or the awarding of damages corresponding to the amount of lost profits.

We also advise and act for clients throughout the call for tender and awarding of contracts process, including the drafting and the revision of the call for tender documentation, and the evaluation, awarding, and execution of contracts. We have developed an expertise in the rules applicable to public organizations, particularly health and educational institutions, in addition to organizations subject to Treasury Board directives.

Representative work

Successful challenge of a provisional injunction to suspend a contract awarded further to a call for tenders to Sectra Canada for the supply of medical imaging systems valued at over $600 million.
Representation of Groupe Atwill-Morin in obtaining a first-instance judgment compensating them for the loss of profits suffered due to their unjust disqualification from a tender issued by Construction de Défense Canada for a significant contract for the refurbishment of a military building.
Representation of healthcare staffing agencies challenging the tender conditions set by the Government of Quebec, as well as contesting legislative changes imposed to regulate the field.
Representation of the Fédération des Caisses Desjardins, the largest cooperative financial group in Canada, in a damage claim exceeding 23 million dollars filed by a bidder alleging unfair treatment in connection with an invitation-only request for proposals.
Contestation of a call for tenders issued by the Réseau de Transport Métropolitain, Montreal’s metropolitan area transit agency, in relation to bus services in the Haut-Saint-Laurent, particularly in relation to negotiations between the client and the lowest bidder before issuance of the contract award notice.
Advice to bidders involved in the awarding of important contracts after calls for tender by municipalities, including the City of Montreal and the City of St-Hyacinthe, among others.
Retained by a public organization to review the rules governing its tender process, including the drafting of applicable policies and of call for tender documentation.
Challenge of a call for tenders issued by an Integrated University Health and Social Services Centre (IUHSSC/CIUSSS) for the provision of certain domestic care services, in particular concerning whether the bidders’ expertise constitutes an essential condition of the call for tender.