Caution for Bidders when Replying to a Call for Tenders

By Patricia Baram and Médgine Gourdet, from our Insurance Law Practice Group.

July 17, 2019 — Tender documents often specify that proportionate unit prices must be included in the bids submitted. This requirement allows the client to compare proposals with more accuracy. Can a bidder ignore these specifications and rely solely on the total price of its bid to assert its competitive position?

Secondly, a bidder whose proposal is unfairly rejected may claim compensation for the profit it would have made on the contract. But how can it demonstrate the amount of its loss?

Patricia Baram and Médgine Gourdet discuss the decision of the Court of Appeal of Québec in Municipalité de Val-Morin c. Entreprise TGC inc., 2019 QCCA 405, where these two questions were raised.

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