Procurement Fairness Clause Removed in Around Town

June 27, 2024

The BC Construction Association has issued an alert following the confirmation of cases of removal of “Contract A” from the procurement process on many taxpayer-funded projects. Examples include some municipalities, school districts, universities, and crown corporations.

The BC Construction Association has issued an industry alert following instances where “Contract A” clauses were removed from contracts.

“Contract A” typically includes terms and conditions such as deadlines and evaluation criteria, and serves to protect the interests of all parties. It is a legal basis to ensure both owners and bidders followed the rules. 

The construction industry cannot proceed on the assumption that it is ‘business as usual’ and should proceed with extreme caution in the face of the unprecedented implications of the removal of “Contract A”.  

BCCA is advising contractors to:

  • read all procurement documents carefully.
  • use the RFI process to question the intent of the Owner’s procurement process in cases where “Contract A” has been removed.
  • seek legal advice when they have questions or concerns about procurement and contract conditions.
  • consider qualifying their bid only once they have fully evaluated the associated risks and are prepared to accept the consequences.

The full article is online in the BCCA’s Recent News.

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