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Negotiations and procedural fairness

When does fairness end?

by CHAMBERLAND D
Negotiations and procedural fairness
Published in December 2014 - Page 31

In public procurement, the obligations of procedural fairness include the following duties:

  • duty of disclosure;
  • duty to reject non-compliant bids;
  • duty to conduct a fair competition;
  • duty to award to the winning bidder; and
  • duty to award the contract as tendered.

The obligations of fairness do not arise on the issue of every bid call document. As the courts have said repeatedly, whether they arise or not depends on the precise language of

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