Procurement Complaints Against The Government: More Than Just Bid Challenges

In the context of government procurement, the term "bid challenge" is often used to describe the ability of potential suppliers to government to challenge a government procurement. "Bid challenge" is even the title of Article 1017 of the North American Free Trade Agreement. That article is one of the most important reasons that private parties in Canada have the right to challenge a government procurement .

The expression "bid challenge" can do a disservice to aggrieved potential suppliers, because potential suppliers can challenge government procurements in more ways than just in the evaluation of their bid. Two recent procurement challenge cases where McMillan was successful counsel (Knowledge Circle¹ and CGI v Canada Post² ) demonstrate that bid challenges are not the only, and may not even be the easiest, way to challenge a government procurement.