This week we continue our series on Best Practices in Procurement and discuss the use of Fairness Monitors for major procurements in Canada. Many factors prompt governments to engage a fairness monitor. Typically, the procurement is higher value (e.g., more than $5 million) and complex, and it has a high public profile. There may also be concerns about proponent grievances if commercial secrets are at stake, or if the competition is particularly fierce. With the help of a 2004 case Democracy Watch v. Canada (Attorney General), [2004] F.C.J. No. 1195, we summarize best and worst practices for working with fairness monitors.
As always we welcome your expertise.
View Fairness Monitors – Part 1
