This is presentation I gave on how government contracting for Canadian provincial and municipal governments l level will be affected by the new Canada EU Trade and Economic Agreement
The document provides an overview of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It discusses the origins of the TPP agreement and how 11 countries agreed to continue it as the CPTPP after the US withdrew. Key commitments in the CPTPP beyond the WTO include further reducing tariffs, opening markets in services and investment, establishing rules for e-commerce, government procurement, and an investor-state dispute settlement mechanism. The CPTPP will help Vietnam access larger markets and attract investment while restructuring its economy. It is expected to boost Vietnam's exports by over 37% until 2025 by lowering trade barriers.
The document provides an overview of government procurement in Canada. It discusses:
- The Office of Small and Medium Enterprises assists SMEs in selling to the government.
- The government procures over $200 billion annually through various methods like tenders, standing offers, and supply arrangements.
- Buyandsell.gc.ca is the platform for finding procurement opportunities and contract information.
- Foreign companies must work with their national security authority to bid on tenders with security requirements.
This document provides an overview of how small and medium enterprises (SMEs) can do business with the Government of Canada. It discusses the Office of Small and Medium Enterprises (OSME), which was created to support SMEs through the federal procurement process. It also outlines resources like the Buyandsell.gc.ca website, and describes opportunities for SMEs, the contracting process, registering as a supplier, security requirements, bidding on opportunities, and contract award and payment. The goal is to help SMEs understand how to make decisions about and navigate doing business with the Government of Canada.
Seminario web Compras públicas con el gobierno Federal de CanadáProColombia
The document discusses Canada's commitments under the government procurement chapter of the Canada-Colombia Free Trade Agreement, including covering the procurement activities of most federal departments and agencies above certain thresholds and ten Crown corporations. It also outlines the process for determining if a procurement is subject to the agreement and explains that suppliers can file complaints to the Canadian International Trade Tribunal if they believe a procurement was not conducted according to the agreement.
This document provides summaries of recent legal and business developments in Vietnam. It discusses new regulations on foreign exchange transactions and bank guarantees for off-the-plan property developments. It also summarizes changes to Vietnam's company law under Decree 78 and new disclosure requirements for public companies. Additionally, it outlines strategies for foreign retailers to expand in Vietnam, new rules for offshore investment, and benefits Vietnam is expected to gain from the Trans-Pacific Partnership agreement.
As home to the recent World Cup and the upcoming Summer Olympic Games, Brazil has developed an exciting and fast-growing economy and has become a prominent global investment destination. And as Latin America's largest economy and the sixth-largest in the world, Brazil has created a broad and diversified economic infrastructure that offers U.S. companies opportunities to export goods and services to its growing population. Coupled with those opportunities for American exporters are many challenges in establishing a market presence in Brazil.
Kegler Brown global business attorneys Martijn Steger, Luis Alcalde, David Wilson and Marcella Gurgel, along with Rafael Villac Vicente de Carvalho from Brazilian firm Peixoto & Cury, presented "Unlocking Brazil: Keys to Success in Latin America's Largest Economy" on September 10, 2014, and explored potential solutions to the challenges of conducting business in Brazil.
Offsets in Defence Procurement in Canada - ConsiderationsBrenda Swick
Companies that bid on defence and Canadian Coast Guard contracts are well aware of Canada’s Industrial and Regional Benefits (IRB) Policy, which requires them to undertake business activities in Canada that are valued at 100 percent of the prime contract with Public Works and Government Services Canada. Under Canada’s new Defence Procurement Strategy, IRBs, now called “Value Propositions for Industrial Technological Benefits (ITBs),” will, for the first time, be a rated requirement in the evaluation of a bidder’s proposal. This means that bidders with an otherwise competitive bid are now exposed to losing to a competitor whose bid contains a stronger Value Proposition. The rules are still being developed and therefore bidders would be well advised to keep abreast of the implementation of this new rated requirement. Bidders should ensure that they understand up front the Value Proposition requirement in the solicitation document as well as rules for challenging it, if necessary. Finally, Canada’s new Integrity Provisions will now apply to prime contractors that flow down some of their offset requirements to subcontractors; prime contractors would therefore be well advised to ensure that their subcontractors are willing and able to sign onto terms similar to those set out in the Integrity Provisions. Failure to do so could result in the termination of the contract and imposition of damages very unfavourable to the prime contractor.
All of these issues are discussed in the presentation to the European Countertrade and Offsets Club to be given in Vienna, on November 20, 2014.
The document provides an overview of government procurement in Canada. It discusses:
- The Office of Small and Medium Enterprises assists SMEs in selling to the government.
- The government procures over $200 billion annually through various methods like tenders, standing offers, and supply arrangements.
- Buyandsell.gc.ca is the platform for finding procurement opportunities and contract information.
- Foreign companies must work with their national security authority to bid on tenders with security requirements.
The document provides an overview of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It discusses the origins of the TPP agreement and how 11 countries agreed to continue it as the CPTPP after the US withdrew. Key commitments in the CPTPP beyond the WTO include further reducing tariffs, opening markets in services and investment, establishing rules for e-commerce, government procurement, and an investor-state dispute settlement mechanism. The CPTPP will help Vietnam access larger markets and attract investment while restructuring its economy. It is expected to boost Vietnam's exports by over 37% until 2025 by lowering trade barriers.
The document provides an overview of government procurement in Canada. It discusses:
- The Office of Small and Medium Enterprises assists SMEs in selling to the government.
- The government procures over $200 billion annually through various methods like tenders, standing offers, and supply arrangements.
- Buyandsell.gc.ca is the platform for finding procurement opportunities and contract information.
- Foreign companies must work with their national security authority to bid on tenders with security requirements.
This document provides an overview of how small and medium enterprises (SMEs) can do business with the Government of Canada. It discusses the Office of Small and Medium Enterprises (OSME), which was created to support SMEs through the federal procurement process. It also outlines resources like the Buyandsell.gc.ca website, and describes opportunities for SMEs, the contracting process, registering as a supplier, security requirements, bidding on opportunities, and contract award and payment. The goal is to help SMEs understand how to make decisions about and navigate doing business with the Government of Canada.
Seminario web Compras públicas con el gobierno Federal de CanadáProColombia
The document discusses Canada's commitments under the government procurement chapter of the Canada-Colombia Free Trade Agreement, including covering the procurement activities of most federal departments and agencies above certain thresholds and ten Crown corporations. It also outlines the process for determining if a procurement is subject to the agreement and explains that suppliers can file complaints to the Canadian International Trade Tribunal if they believe a procurement was not conducted according to the agreement.
This document provides summaries of recent legal and business developments in Vietnam. It discusses new regulations on foreign exchange transactions and bank guarantees for off-the-plan property developments. It also summarizes changes to Vietnam's company law under Decree 78 and new disclosure requirements for public companies. Additionally, it outlines strategies for foreign retailers to expand in Vietnam, new rules for offshore investment, and benefits Vietnam is expected to gain from the Trans-Pacific Partnership agreement.
As home to the recent World Cup and the upcoming Summer Olympic Games, Brazil has developed an exciting and fast-growing economy and has become a prominent global investment destination. And as Latin America's largest economy and the sixth-largest in the world, Brazil has created a broad and diversified economic infrastructure that offers U.S. companies opportunities to export goods and services to its growing population. Coupled with those opportunities for American exporters are many challenges in establishing a market presence in Brazil.
Kegler Brown global business attorneys Martijn Steger, Luis Alcalde, David Wilson and Marcella Gurgel, along with Rafael Villac Vicente de Carvalho from Brazilian firm Peixoto & Cury, presented "Unlocking Brazil: Keys to Success in Latin America's Largest Economy" on September 10, 2014, and explored potential solutions to the challenges of conducting business in Brazil.
Offsets in Defence Procurement in Canada - ConsiderationsBrenda Swick
Companies that bid on defence and Canadian Coast Guard contracts are well aware of Canada’s Industrial and Regional Benefits (IRB) Policy, which requires them to undertake business activities in Canada that are valued at 100 percent of the prime contract with Public Works and Government Services Canada. Under Canada’s new Defence Procurement Strategy, IRBs, now called “Value Propositions for Industrial Technological Benefits (ITBs),” will, for the first time, be a rated requirement in the evaluation of a bidder’s proposal. This means that bidders with an otherwise competitive bid are now exposed to losing to a competitor whose bid contains a stronger Value Proposition. The rules are still being developed and therefore bidders would be well advised to keep abreast of the implementation of this new rated requirement. Bidders should ensure that they understand up front the Value Proposition requirement in the solicitation document as well as rules for challenging it, if necessary. Finally, Canada’s new Integrity Provisions will now apply to prime contractors that flow down some of their offset requirements to subcontractors; prime contractors would therefore be well advised to ensure that their subcontractors are willing and able to sign onto terms similar to those set out in the Integrity Provisions. Failure to do so could result in the termination of the contract and imposition of damages very unfavourable to the prime contractor.
All of these issues are discussed in the presentation to the European Countertrade and Offsets Club to be given in Vienna, on November 20, 2014.
The document provides an overview of government procurement in Canada. It discusses:
- The Office of Small and Medium Enterprises assists SMEs in selling to the government.
- The government procures over $200 billion annually through various methods like tenders, standing offers, and supply arrangements.
- Buyandsell.gc.ca is the platform for finding procurement opportunities and contract information.
- Foreign companies must work with their national security authority to bid on tenders with security requirements.
Oliver borgers lexpert misleading advertisingbsookman
This document provides an overview and summary of Canadian anti-spam legislation (CASL) and its amendments to the Competition Act regarding misleading representations in electronic messages. It discusses new definitions added, a new section prohibiting false or misleading representations in sender/subject information, electronic messages, and locators. It also summarizes existing provisions on false or misleading representations, enforcement priorities, and consequences for civil and criminal violations.
The document provides an overview of doing business with the Canadian government. It describes the structure of government and the procurement process. Procurement is guided by fairness and competition. Most procurement over $25,000 for goods and $100,000 for services is through an open bidding system. The largest procurers are National Defence, Public Works and Government Services Canada, and Treasury Board. Registering as a supplier and understanding the request for proposal process are important for doing business with the government. Provincial procurement follows similar guidelines to the federal system.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/user/Schausjennifer/feed
Doing Business in Mexico: Compliance Implications of the Pact for MexicoEthisphere
This document summarizes a webcast on business compliance implications of reforms in Mexico. It discusses reforms in anticorruption, energy, and telecommunications. For anticorruption, it notes stalled legislation and risks of low enforcement. For energy, it outlines the opening of the oil sector to foreign firms and compliance provisions in contracts. For telecommunications, it discusses allowing foreign investment and risks of mergers and acquisitions. Throughout, it provides strategies for companies to mitigate compliance risks like training and cultural considerations for acquired firms. Speakers from AT&T, Halliburton and Baker & McKenzie address these topics.
Oil & Money 2014 hosts unique opportunity to meet top Mexican government officials to fully explain the country's historic forthcoming bidding round.
Videos of the full session will be available shortly on www.oilandmoney.com.
Transparency of resource revenues - Industry positionNadim Kara
The Government of Canada has tabled the Extractive Sector Transparency Measures Act to increase transparency of payments from extractive companies to governments. This follows recommendations from the Resource Revenue Transparency Working Group for mandatory reporting. Key differences from the recommendations include applying also to oil and gas, some private companies, and transitional provisions for payments to Aboriginal groups. The industry advisory group will provide input on clarifying payment categories, thresholds, and ensuring consistent reporting across jurisdictions.
Government Contracting - Fact Vs. Myths Of OTA's - Win Federal ContractsJSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=OgqENfa-lRk). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
Government Contracting - OTA's - Who Needs The FAR? - Win Federal ContractsJSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=UNBAWh-AF7k). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
This document provides an overview of antitrust law, including:
- The history and goals of antitrust law in regulating monopolies and protecting competition.
- The different schools of thought regarding antitrust law and how it is interpreted.
- Key principles such as jurisdiction, exemptions, and enforcement of antitrust law.
- Provisions prohibiting monopolization, restraint of trade through various anticompetitive practices, and international considerations.
This document provides an overview of government contracting for librarians. It discusses why governments contract work out to private businesses, the federal budget process, and the key steps in the acquisitions process including planning, soliciting bids, evaluating proposals, awarding contracts, and contract administration. It also covers important laws like the Antideficiency Act to prevent overspending, and ethics requirements to avoid conflicts of interest. The goal is to educate librarians on the basics of the government contracting system and their potential roles in the process.
The Mowat Institute at the University of Toronto’s School of Public Policy has issued a new economic policy report entitled Canada’s Innovation Underperformance: Whose Policy Problem Is It? authored by Tijs Creutzberg.
The document provides an overview of competition law in India, including the Competition Act of 2002 and amendments made in 2007. It discusses key provisions around anti-competitive agreements, abuse of dominance, and regulation of mergers and combinations. The amendments in 2007 made merger notifications mandatory, established the Competition Appellate Tribunal, and rationalized penalties. The document also analyzes issues around implementation of the law and proposes remedial measures like reducing timelines and revising thresholds to promote growth while preventing anti-competitive practices.
Increasing SME participation in procurements
Angelica Hymers
Local authorities power on fracking to be limited?
Emma Braidwood
PCER, DPA and satisfaction surveys
Megan Larrinaga
FOI review: the increasing burden
Emma Graham
Putting a stop to public procurement boycotts
Tom Nanson
Potential employment law implications of a ‘Brexit’
Sarah Hooton
The Environment (Wales) Act 2016
Ben Standing
FED GOV CON - NDAA 2019: Focus on Bid Protests, OTAs, and Commercial Contract...JSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2018 for a complimentary Wednesday series. For full audio of this presentation please visit (https://youtu.be/IXdncMGDKuc). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
Government Contracting - OTA Consortia Overview - And How To Get InvolvedJSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
FED GOV CON - Strategies for Success in Government ContractingJSchaus & Associates
This document provides an overview of strategies for successfully doing business with the U.S. government as a federal contractor. It discusses the different types of contracts and grants, important factors like politics, procedures, and timing. It also outlines strategies for sealing deals like subcontracting and taking advantage of small business set-asides. Key requirements are explained for vehicles like GSA Schedules and registering in systems like SAM. Government contracting laws and regulations are reviewed in areas like non-discrimination, affirmative action, wages, and safety standards. Successful bidding practices are also emphasized.
While India is still struggling to come with a WTO compliant local content program , many countries, USA, Europe, Japan etc found a way to strategically use public procurement for promoting local innovations.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Oliver borgers lexpert misleading advertisingbsookman
This document provides an overview and summary of Canadian anti-spam legislation (CASL) and its amendments to the Competition Act regarding misleading representations in electronic messages. It discusses new definitions added, a new section prohibiting false or misleading representations in sender/subject information, electronic messages, and locators. It also summarizes existing provisions on false or misleading representations, enforcement priorities, and consequences for civil and criminal violations.
The document provides an overview of doing business with the Canadian government. It describes the structure of government and the procurement process. Procurement is guided by fairness and competition. Most procurement over $25,000 for goods and $100,000 for services is through an open bidding system. The largest procurers are National Defence, Public Works and Government Services Canada, and Treasury Board. Registering as a supplier and understanding the request for proposal process are important for doing business with the government. Provincial procurement follows similar guidelines to the federal system.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/user/Schausjennifer/feed
Doing Business in Mexico: Compliance Implications of the Pact for MexicoEthisphere
This document summarizes a webcast on business compliance implications of reforms in Mexico. It discusses reforms in anticorruption, energy, and telecommunications. For anticorruption, it notes stalled legislation and risks of low enforcement. For energy, it outlines the opening of the oil sector to foreign firms and compliance provisions in contracts. For telecommunications, it discusses allowing foreign investment and risks of mergers and acquisitions. Throughout, it provides strategies for companies to mitigate compliance risks like training and cultural considerations for acquired firms. Speakers from AT&T, Halliburton and Baker & McKenzie address these topics.
Oil & Money 2014 hosts unique opportunity to meet top Mexican government officials to fully explain the country's historic forthcoming bidding round.
Videos of the full session will be available shortly on www.oilandmoney.com.
Transparency of resource revenues - Industry positionNadim Kara
The Government of Canada has tabled the Extractive Sector Transparency Measures Act to increase transparency of payments from extractive companies to governments. This follows recommendations from the Resource Revenue Transparency Working Group for mandatory reporting. Key differences from the recommendations include applying also to oil and gas, some private companies, and transitional provisions for payments to Aboriginal groups. The industry advisory group will provide input on clarifying payment categories, thresholds, and ensuring consistent reporting across jurisdictions.
Government Contracting - Fact Vs. Myths Of OTA's - Win Federal ContractsJSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=OgqENfa-lRk). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
Government Contracting - OTA's - Who Needs The FAR? - Win Federal ContractsJSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=UNBAWh-AF7k). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
This document provides an overview of antitrust law, including:
- The history and goals of antitrust law in regulating monopolies and protecting competition.
- The different schools of thought regarding antitrust law and how it is interpreted.
- Key principles such as jurisdiction, exemptions, and enforcement of antitrust law.
- Provisions prohibiting monopolization, restraint of trade through various anticompetitive practices, and international considerations.
This document provides an overview of government contracting for librarians. It discusses why governments contract work out to private businesses, the federal budget process, and the key steps in the acquisitions process including planning, soliciting bids, evaluating proposals, awarding contracts, and contract administration. It also covers important laws like the Antideficiency Act to prevent overspending, and ethics requirements to avoid conflicts of interest. The goal is to educate librarians on the basics of the government contracting system and their potential roles in the process.
The Mowat Institute at the University of Toronto’s School of Public Policy has issued a new economic policy report entitled Canada’s Innovation Underperformance: Whose Policy Problem Is It? authored by Tijs Creutzberg.
The document provides an overview of competition law in India, including the Competition Act of 2002 and amendments made in 2007. It discusses key provisions around anti-competitive agreements, abuse of dominance, and regulation of mergers and combinations. The amendments in 2007 made merger notifications mandatory, established the Competition Appellate Tribunal, and rationalized penalties. The document also analyzes issues around implementation of the law and proposes remedial measures like reducing timelines and revising thresholds to promote growth while preventing anti-competitive practices.
Increasing SME participation in procurements
Angelica Hymers
Local authorities power on fracking to be limited?
Emma Braidwood
PCER, DPA and satisfaction surveys
Megan Larrinaga
FOI review: the increasing burden
Emma Graham
Putting a stop to public procurement boycotts
Tom Nanson
Potential employment law implications of a ‘Brexit’
Sarah Hooton
The Environment (Wales) Act 2016
Ben Standing
FED GOV CON - NDAA 2019: Focus on Bid Protests, OTAs, and Commercial Contract...JSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2018 for a complimentary Wednesday series. For full audio of this presentation please visit (https://youtu.be/IXdncMGDKuc). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
Government Contracting - OTA Consortia Overview - And How To Get InvolvedJSchaus & Associates
Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
FED GOV CON - Strategies for Success in Government ContractingJSchaus & Associates
This document provides an overview of strategies for successfully doing business with the U.S. government as a federal contractor. It discusses the different types of contracts and grants, important factors like politics, procedures, and timing. It also outlines strategies for sealing deals like subcontracting and taking advantage of small business set-asides. Key requirements are explained for vehicles like GSA Schedules and registering in systems like SAM. Government contracting laws and regulations are reviewed in areas like non-discrimination, affirmative action, wages, and safety standards. Successful bidding practices are also emphasized.
While India is still struggling to come with a WTO compliant local content program , many countries, USA, Europe, Japan etc found a way to strategically use public procurement for promoting local innovations.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Similar to Government procurement obligations under the ceta (20)
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
1. INTRODUCING A NEW ERA IN PUBLIC
PROCUREMENT
CANADA-EU COMPREHENSIVE ECONOMIC AND
TRADE AGREEMENT (CETA)
Federated Press
4th Public Procurement Law
explore leading-edge best practices related to public procurement
Toronto, Ontario
May 28, 2014
Brenda C. Swick
bswick@mccarthy.ca
416 601 7545
2. Overview
1. Changing Dynamic in Public Procurement
“Broadening the Net”
2. “Spaghetti Bowl” of International Agreements
How CETA fits in
3. Status of CETA
4. CETA Coverage & Thresholds
5. Procurement Obligations under CETA
6. What CETA means to your organization
7. Best practices
2
McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
3. 1. Broadening the Net
¬ Canada is signing new trade treaties
¬ Very high priority on federal government agenda
¬ All treaties contain procurement chapter
¬ Pressure on Canada to open up procurement practices of all
levels of government to foreign competition
¬ being fuelled by foreign suppliers who want access to “the entire”
Canadian procurement market
¬ no longer just federal procurements
¬ now drilling down to sub-federal provincial and municipal procurement,
crown corps and utilities
¬ Why?
¬ Significant public purchasing dollars
¬ At least $150 billion is spent annually by all governments
3
McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
4. 1. Broadening the Net
¬ Canada-EU Comprehensive Economic Trade Agreement (CETA)
According to the EU, “The public procurement market access offer that Canada
has made is the most ambitious and comprehensive offer Canada and its
Provinces have ever made to any partner, including the US. The outcome
regarding the inclusion of provincial and territorial governments, regional and
local government entities, including agencies, crown corporations, and the
MASH sector is highly satisfactory.”
¬ Bottom Line:
Procurements by provincial/municipal governments/MASH and Crown
corporations will become
¬ much more competitive
¬ more scrutinized
¬ more susceptible to challenge
4
McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
5. 2. Spaghetti Bowl: Procurement
Agreements
Canada-US Agreement on
Government Procurement
Applies to provincial procurements being bid on by US suppliers
Exempts provincial crown corporations
Requires compliance with the WTO Government Procurement Agreement
NAFTA-Chapter Ten Applies to federal procurements being bid on by US, Canadian and Mexican
suppliers
Not applicable to provinces or municipalities
CITT is the bid review mechanism and provides rapid interim measures and remedies
WTO Agreement on Government
Procurement
Applies to federal contracts being bid on by Canadian and foreign suppliers from
37 countries
Not applicable to provinces or municipalities
CITT is bid review mechanism
Agreement on Internal Trade (AIT) Applies to federal, provincial and municipal contracts being bid on by Canadian
suppliers
CITT is bid review mechanism for federal contracts only
Dispute settlement mechanism for provincial./MASH
New West Trade Partnership
Agreement (NWPTA)
Applies to B.C. Alberta and Saskatchewan provincial and municipal
procurements being bid on by suppliers carrying on business in those provinces
State to state and private party bid review mechanism
Canada-EU Comprehensive
Economic and Trade Agreement
Will apply to procurements by federal, provincial, municipal, Crown corporations,
MASH and utilities/ being bid on by EU and Canadian suppliers
Trans-Pacific Partnership
Agreement
Being negotiated among Australia, Brunei , Canada, Chile, Japan, Malaysia, Mexico,
New Zealand, Peru, Singapore, the United States, Vietnam
5
McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
6. 3. Status of CETA
¬ CETA text being finalized – all significant negotiations concluded
¬ Legal text (within next 2 - 6 months)
¬ Europe
¬ Final text voted on in the European Council/European Parliament
¬ Ratification (2015)
¬ Canada
¬ Governor in Council’s approval
¬ Federal implementation legislation tabled in House of Commons where it
will be debated prior to ratification (late 2014 or early 2015)
¬ Provincial implementation legislation
6
McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
7. 4. CETA Coverage
¬ Broad coverage
¬ Federal
¬ Provincial/Territory
¬ MASH (Municipal, Academia, School Boards, Hospitals)
¬ Unprecedented
¬ Crown corporations
¬ 75% of procurements by public utilities
¬ Unprecedented
¬ Mass transit by provinces
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
8. 4. CETA Coverage
¬ Excluded procurements:
¬ Procurements for “Health care” services
¬ “R&D” procurements
¬ “Public-private partnerships” for services and utilities
¬ Procurements for national defence and security purposes
¬ “In-house” procurements
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
9. 4. CETA THRESHOLDS (CDN$)
Trade
Agreement
Government Entity Crown Corporations Utilities
CETA Goods Services Construction Goods Services Construction
Federal 205,000 205,000 7,800,000 560,000 560,000 7,800,000 630,000
Provincial/
Territory
315,000 315,000 7,800,000 560,000 560,000 7,800,000 630,000
MASH
(Municipal,
Academic,
School
boards,
Hospitals)
315,000 315,000 7,800,000 N/A N/A N/A 630,000
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
10. McCarthy Tétrault LLP / mccarthy.ca / Brenda C. Swick Docs#13131847
10Impact of the Canada-EU Comprehensive Economic and Trade Agreement on Government Contracting in Canada
Federal/Provincial/Municipal Thresholds under Trade Agreements
(CDN$ January 1, 2012 – December 31, 2013)
Trade Agreement Government Entity Crown Corporations Utilities
Goods Services Construction Goods Services Construction
AIT
Annex 502.1A
(Fed/Prov Govt)
25,000 100,000 100,000 25,000 100,000 100,000
Annex 502.3
(Fed/Prov
Monopolies)
N/A N/A N/A 500,000 500,000 500,000
MASH 100,000 100,000 250,000 N/A N/A N/A
CAN-US GPA
(Provincial/Territorial
Contracts)
559,125 559,125 7,800,000 N/A N/A N/A
WTO-AGP
(Federal Contracts)
205,100 205,100 7,800,000 560,300 560,300 7,800,000
NAFTA - Chapter 10
(Federal Contracts)
25,300 78,500 10,200,000 392,700 392,700 12,500,000
CETA
Federal Contracts 205,000 205,000 7,800,000 560,000 560,000 7,800,000 630,000
Provincial/Terr
Contracts
315,000 315,000 7,800,000 560,000 560,000 7,800,000 630,000
MASH Contracts
(Municipal/academia
, school boards,
hospitals)
315,000 315,000 7,800,000 N/A N/A N/A 630,000
11. 5. Procurement Obligations under
CETA
¬ Devil is in the detail: some caution - still have not seen final text
¬ Will apply the WTO Agreement on Government Procurement
(GPA/113) 2 April 2012
¬ Nondiscrimination
¬ Canadian procuring entities must not discriminate against European (or
other Canadian) suppliers in their procurements
¬ In law or in fact
¬ Substantive Rules
¬ Procurements must be conducted in a “transparent, fair and impartial
manner”
¬ Predict that this requirement will be basis for vast majority of procurement
challenges under CETA
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
12. 5. Procurement Obligations under
CETA
¬ Offsets are prohibited
¬ Offsets are undertakings or conditions imposed on winning bidder that
encourage local development or domestic content
¬ NAFTA/WTO have similar prohibition; but Federal government still
employs them
¬ Federal Industrial and Technological Benefits Program
¬ Foreign contractors awarded large federal contracts must invest 100% of the
value of the contract in technologies that are strategic to Canada and the
targeted sectors
¬ Primes will now be “weighted and rated”—typically 10% of the value of their
bid—based on the value of the technology benefits they propose to bring to
Canada
¬ Widely used by governments around the world in defence procurement
¬ All governments say they disapprove but they all do it
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
13. 5. Procurement Obligations under
CETA
¬ Tendering Procedural Rules
¬ Commitment to create a single point of electronic access for
ALL procurement opportunities within 5 years of entry into force
¬ Procurement by electronic means
¬ Must not be applied in a discriminatory manner or have the effect
of precluding competition (an “effects” test)
¬ Detailed requirements for 3 types of tendering procedures
¬ Open tendering Procedures – all interested suppliers may bid
¬ Selective tendering procedures – only those suppliers invited to bid
may do so
¬ Limited tendering procedures – sole source
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
14. 5. Procurement Obligations under
CETA
¬ Tendering Procedural Rules (cont’d)
¬ Rules for qualifications of suppliers
¬ Must be restricted to those that are “essential” to ensure that the
supplier has the legal and financial capacity and the commercial and
technical capabilities to undertake the procurement
¬ May require relevant “prior experience” but not require that the prior
experience be in the territory of the procuring entity
¬ Very detailed rules on Time Periods for Bidders to file bids
¬ “Sufficient time” to prepare bids
¬ Selective tendering –bid to be submitted not less than 25 days from
the date of publication Open tendering – not less than 40 days from
publication
¬ Exceptions to exceptions
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
15. 5. Procurement Obligations under
CETA
¬ Evaluation Criteria
¬ “All evaluation criteria” must be disclosed in the tender
documentation including “the relative importance of such criteria”
¬ No hidden evaluation criteria and no undisclosed weighting
¬ Account for over 50% of CITT cases
¬ Rules on Technical Specifications
¬ Prohibit biased technical specifications
¬ Cannot used technical specifications to create “unnecessary
obstacle to trade”
¬ Specifications should be based on functional and performance
requirements; and not on a particular design, brand or type
¬ If impractical to use general functionality only, then language must
allow products that are “equivalent” to the brand described
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
16. 5. Procurement Obligations under
CETA
¬ Rules on Debriefing
¬ Must provide an explanation of
¬ the reasons why bid was not selected; and
¬ the relative advantages of the successful supplier’s tender
¬ Similar requirement under NAFTA
¬ Requires disclosure of score of winning bidder and value of
contract
¬ Evaluation team guidelines, instructions
¬ Raw scoring sheets of evaluators & notes & consensus scoring
sheets
¬ Purpose is
¬ to allow loser to improve its bid for next time; and
¬ to understand whether the procuring entity has breached its
procurement obligations under the Agreement
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
17. 5. Procurement Obligations under
CETA
¬ Sole Sourcing
¬ Must meet 2-part test
1. Must not be done to avoid competition or in a manner that
discriminates against EU suppliers and
2. For one of the following reasons:
1. Goods/services can only be provided by one supplier and no reasonable
alternative or substitute exists due to
1. Protection of patents copyrights or other exclusive rights, or
2. Due to an absence of competition for technical reasons
2. For additional deliveries by the original supplier that were not included in
the initial procurement where a change of supplier
1. Cannot be made for economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment, software, services
or installations procured under the initial procurement; and
2. Would cause significant inconvenience or substantial duplication of costs of the
procuring entity
3. As is strictly necessary where for reasons of extreme urgency brought
about by events unforeseeable by the procuring entity, the goods/services
cannot be obtained in time using open tendering procedures
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
18. 5. Procurement Obligations under
CETA
¬ Sole Sourcing (cont’d)
¬ If sole source used, procuring entity must prepare a report
and publish it
¬ outlining the value and kind of goods/services sole sourced
¬ indicating the circumstances and conditions that justified the sole
source award
¬ Prudent approach would be to publish intention to sole
source in advance and ask for comments
¬ Similar to federal Advance Contract Award Notices (ACANs)
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
19. 5. Procurement Obligations under
CETA
¬ Domestic Review Procedures
¬ Province must introduce “timely, effective, transparent and non-
discriminatory” administrative or judicial review procedure to allow
disappointed supplier to challenge a contract award or the process
¬ Procedural rules for challenge must be in writing and easily available
¬ Suppliers should have “sufficient time” to submit a challenge which
cannot be less than 10 days from when the basis of the challenge
became known or reasonably should have become known to the
supplier
¬ Must have Independent administrative or judicial authority to hear
challenge
¬ Federal Contracts – this is CITT
¬ Must introduce “rapid interim measures” to preserve the ability of the
supplier ‘s opportunity to participate
¬ Suspension of procurement process pending outcome of dispute
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
20. 5. Procurement Obligations under
CETA
¬ Domestic Review Procedures (cont’d)
¬ If breach, reviewing authority must be able to impose remedies on
procuring entity for corrective action or compensation for the loss or
damages suffered
¬ Bid preparation costs
¬ Costs of challenge
¬ Lost profit award
¬ Setting aside contract award and awarding to applicant
¬ Reevaluation of the tender
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
21. 5. Procurement Obligations under
CETA
¬ Canadian International Trade Tribunal
¬ Federal bid review mechanism for complaints filed under
NAFTA, WTO GPA and AIT
¬ May award the complainant
¬ Costs incurred in filing and proceeding with a complaint
¬ Bid preparation costs
¬ Such remedy as it considers appropriate, including
¬ the re-solicitation of the designated contract,
¬ that the designated contract be terminated and that the contract be
awarded to the complainant.
¬ that the complainant be compensated for the loss of the contract or for
the opportunity it lost (lost profits)
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
22. 6. WHAT DOES THIS MEAN FOR YOUR
ORGANIZATION?
¬ Will make it more difficult for procuring entity to use procurement
¬ as a tool for local economic/ social development
¬ unless under thresholds or non-designated entity/contract
¬ Will require procuring entity to shoulder the administrative costs associated with:
¬ providing information about procurements practices
¬ publishing detailed notices of intended procurements
¬ issuing RFPs and contract awards in accordance with CETA rules
¬ providing substantive debriefings
¬ defending action, if challenged before bid review mechanism
¬ Put procuring entities in jeopardy of their procurement processes being slowed or
derailed by having to
¬ deal with an order suspending the procurement pending the resolution of a complaint
¬ implementing remedy of review body
¬ New and not new - all of this already happens at the federal government level
which has been subject to international trade agreements since 1994
¬ trade Agreements are now reaching down further to sub-federal entities
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
23. 7. BEST PRACTICES
¬ If you are a procuring entity or supplier:
¬ Identify which Agreement(s) applies to a proposed procurement
May be more than one
¬ Understand what your obligations are under that Agreement , if you are the
procuring entity
or
¬ Understand what duties are owed to you by the procuring entity, if you are
a supplier
¬ Understand the recourses and remedies which are available to you, if you
are a supplier
¬ If you are the procuring entity, understand the exposure to your
procurement if it is subject to challenge and take steps early on to mitigate
risk
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick
24. Questions?
¬ Brenda C. Swick
¬ bswick@mccarthy.ca
416 601 7545
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McCarthy Tétrault LLP / mccarthy.ca Brenda C. Swick