Peter Ruby and Richard Corley at the CORE Discussion Forum - The Danger of Making Misrepresentations in an RFP Response
|Lawyer||Richard Corley, Peter Ruby|
To start this session, Peter Ruby will describe a very recent decision of the Ontario Superior Court of Justice that addressed the failed procurement of a major software system by a Canadian bank. The bank was awarded over $44 million for the vendor’s breach of contract and fraudulent misrepresentations during the RFI process and sales cycle. This case has lessons for vendors and customers, with respect to both how the court assesses their behaviour when a project fails and the effectiveness of contractual limitations of liability.
The second half of our procurement forum Richard Corley will discuss the use of a structured procurement process to accelerate the procurement of services or technologies. The structured procurement process is a hybrid between a tender bid process and a fully negotiated model, and is suitable for use in both public and private sector procurements. It is structured to focus the negotiations on the key elements of the solution and price.
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