June 24, 2024
Issue
Some public sector owners have started writing their procurement documents, whether Request for Proposals (“RFPs”), Invitations To Tender (“ITT”) or Requests for Qualifications (“RFQ”), with terms that expressly avoid those owners having to act fairly. They are doing this by writing into their procurement documents clauses that remove “Contract A.”
In the opinion of BCCA, the removal of “Contract A” is the most significant violation of public sector procurement processes that the construction industry has seen to date. It means that those who work in the construction industry cannot proceed on the assumption that procurement is “business as usual” where “Contract A” is removed. With the removal of “Contract A”, combined with other poor or eroding procurement practices, the construction industry can no longer assume they are participating in fair, transparent and competitive procurement.
Each general contractor, subcontractor and supplier needs to understand the impact the removal of “Contract A” represents in order to make informed business decisions: deciding if pursuing these projects is worth the risk.
Industry-Alert-Removal-of-Contract-A-June182024-FINAL (1).
