Competitive Bidding Process represents a signal to all levels
of government and potential bidders that the Competition
Bureau is acutely aware of these pressures and will be
monitoring public procurement processes to ensure that all
stakeholders act appropriately in the procurement process
in order that Canada’s economic investments can be
completed without anti-competitive conduct by participants.
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all levels of governments to consider in their
procurement processes that includes:
• Maximizing the pool of potential bidders
• Building an understanding of potential
bidder capabilities
• Requiring disclosure regarding potential
subcontractors and their pricing
• Requiring bidders to submit a certi!cate of
independent bid determination similar to
or based on the Bureau’s model certi!cate
• Conducting follow-up interviews with
unsuccessful vendors to understand their
rationale in respect of their bids
All of this suggests that potential bidders
ought to avoid improper collaboration with
their competitors, unless the parties are bidding
as a joint venture. In that scenario, parties may
wish to seek legal advice when considering any
such collaboration or joint venture bids.
If anyone involved in the tendering process
suspects that bid-rigging has or will take
place, they should !le a formal complaint with
the Competition Bureau, participate in the
Competition Bureau’s whistleblowing initiative
or leave an anonymous tip by !ling online
or contacting the Federal Contracting Fraud
Tip Line by phone.
Closing remarks
"e adverse impact of COVID-19 on the
economy will likely increase pressures on
governments to expeditiously invest in public
infrastructure and other publicly funded
projects to stimulate and rebuild the economy.
Competitive Bidding Process represents
a signal to all levels of government and potential
bidders that the Competition Bureau
is acutely aware of these pressures and will
be monitoring public procurement processes
to ensure that all stakeholders act appropriately
in the procurement process in order
that Canada’s economic investments can be
completed without anti-competitive conduct
by participants. If bidders or government
procurement o#cers have any questions regarding
whether aspects of the procurement
processes or bid submissions may be breach of
the Competition Act (Canada), they should
seek legal advice immediately.
Disclaimer
!is publication is provided as an information
service and may include items reported "om other
sources. We do not warrant its accuracy. !is information
is not meant as legal opinion or advice.
54 Think BIG | Quarter 2 2021 | saskheavy.ca
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