# data[].attributes.body
In module #1, I learned about government supply chain management (government procurement) I learned that government procurement is the process by which government organizations purchase goods, services, and construction work from external suppliers following certain rules to ensure responsible spending of public funds.

The difference between public procurement and private sector supply chain management is that public procurement focuses on accountability and transparency with strict rules and government oversight.

While frequent supply chain management prioritizes profitability and flexibility with fewer regulatory constraints.

Open, fair and transparent public procurement means that all suppliers have equal access to opportunities to participate in tenders.

Open procurement - free from favoritism.

Fair - and the process criteria. Transparent - means that decisions are available to the public.

# data[].attributes.body
Module 1

# data[].attributes.body
Useful Link

# data[].attributes.attachment_link.readable_text
Budgeting 101

For a quick overview of the Budget, watch this video.
Descriptive transcript: Budget 101: What Is It?
To read the current Budget, check out Ontario.ca/budget for both electronic and print versions.

The financial cycle

The government's financial cycle begins by early April and ends March 31. It begins with the release of the budget, and ends with pre-budget consultations, which inform the next year's budget.

Where the Budget money comes from

The government's budget is similar to your own personal budget - just much bigger. When you work, you get paid - sometimes you even earn money through investments. The province operates in a similar way by collecting revenues.

The revenues the government collects are mainly made up of taxes. These include the sales tax you pay at the store, your income tax or business taxes. Government revenues also come from transfers from the federal government, and the fees you pay to get things like driving or fishing licences.

What the province needs to pay for

Your own budget includes earnings, but must also be used to manage expenses. You also have to buy groceries, pay rent or a mortgage and manage a host of other expenses. Like you, the government also has expenses to pay for. Ontario's biggest expenses are related to education, health care and infrastructure like roads and bridges.

Deficit and debt

If you spend more than you earn, you end up owing money. Similarly, sometimes the government's revenues are not enough to cover its expenses. To protect important services like health care and education, the government borrows funds to cover this gap - kind of like a mortgage on a house - and pays it back with interest over time.

In years when a government's revenues are not enough to cover its expenses, it has a deficit. When deficits add up from one year to the next, they become part of the provincial debt.

Who determines what Ontario spends money on

There are many stops along the way to creating the province's financial roadmap. The Minister of Finance and a committee with members of all three political parties connect with people who represent industries, businesses and associations across Ontario. These consultations are taken into consideration before the Budget makes its way to the Legislature.
Learn more about pre-Budget consultations
The final content of the Budget

The Budget is introduced in the Legislature by the government. It reflects key government priorities and choices about where to spend money and takes into account concerns raised in pre-budget consultations. The Budget is voted on by all parties in the Ontario Legislature.

How do you know the budget is working?

Throughout the year, the government checks to see if the roadmap is leading the province where it thought it would. If revenue or expenses are off track, then adjustments can be made to make sure policies and programs continue to support you.

# data[].attributes.attachment_link.description
The Budget is the province's financial roadmap for the year. It is an important document that affects everyone. The Budget sets the priorities for government spending, based on months of research, consultation and analysis. Read the Ontario Budget

# data[].attributes.body
Distribution of Federal Revenues and Expenditures by Province

# data[].attributes.attachment_link.title
_PP Group Viktoriia Wells 1010457, Marilia Rodrigues  1181994  

# data[].attributes.body
In module #3 I learned:

Public Sector Procurement Guidelines.

(BPS) are a set of rules established by the Ontario government to ensure that funded organizations follow fair and transparent procurement practices. This promotes value for money.

The agency in (BPS) includes hospitals, school boards, colleges, and other public funding organizations in Ontario. Because they receive funding, they must comply with (BPS) procurement directives.

Trade agreements are used when public sector procurement exceeds certain monetary thresholds. They ensure that suppliers from partner countries have equal access to government contracts, preventing only local companies from being favored.

# data[].attributes.body
Broader public service directive and trade agreements, silex introduction

# data[].attributes.body
In module №4 I learned the main risks of public procurement:

financial

legal

operational

reputational

strategic

If we compare the risk management strategy and mitigation options, we can see that the first one includes avoidance of events, transfer or reduction of the supplier. Also, each of them has different costs and is suitable depending on the situation.

In class came up with a supplier strategy or clear Terms of Contract.

# data[].attributes.attachment_caption
Sarah introduced Mary and Nicola from Health Pro, who discussed their organization's role in sourcing and contract lifecycle management for healthcare members across Canada. They also outlined a research project aimed at transitioning to a more flexible procurement model, with the goal of providing a comprehensive analysis and recommendations. The conversation ended with discussions on an upcoming group research report and presentation assignment, as well as the scheduling of live client presentations.

# data[].attributes.headline
SILEx Introduction- Shared screen with speaker view

# data[].attributes.subject
SILEx Introduction- Shared screen with speaker view

# data[].attributes.attachment_link.readable_text
The following represents a quick review of certain legal principles and case law associated with competitive bidding and procurement in Canada.

Firstly, any tendering process will create two contracts that bind the bidder and the owner. In an invitation to tender, it is generally expected that the owner will award the contract based on the completed tender documentation alone and will not negotiate with the bidders. The evaluation criteria must be set out in detail in the tender documents and must be strictly adhered to. With this in mind, the tendering process is governed in Canada by the Contract "A" and Contract "B" analysis established by The Queen (Ont.) v. Ron Engineering & Construction (Eastern) Ltd. ("Ron Engineering").

Contract "A" is the name given to the contract that comes into existence between a bidder and an owner upon the submission of a compliant bid in a tender call. Contract "B" is the goods and service contract itself, which comes into existence upon the acceptance by an owner of the lowest compliant bid made by the contractor (if price is the key factor in the detailed evaluation criteria). Contract "A" governs how the tendering process will occur including but not limited to how a bidder can expect their tender response to be evaluated. In the event the owner fails to comply with the terms and conditions set out in the original invitation to tender (i.e., Owner deviates from originally described evaluation criteria), the bidder can argue that Contract "A" was breached.

The second principle to appreciate is that bids must be compliant to take effect. In M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd. the court established that Contract "A" only comes into effect the moment a compliant tender is submitted. The court went on further to observe that Ron Engineering does not stand for the idea that Contract "A" will always be formed. Whether the tendering process creates a preliminary contract is dependent upon the terms and conditions of the tender call. Moreover, only compliant bidders have any legal remedy for a breach of the process by an owner.

The third principle to remember is the duty of fairness. In Martel Building Ltd. v. Canada it was affirmed that all bidders in a call for tender must be treated fairly and equally unless otherwise expressly agreed upon in the terms of the call for tenders or in a privilege clause. The courts held that implying an obligation to treat all bidders fairly and equally is consistent with the goal of protecting and promoting the integrity of the bidding process, and benefits all participants involved. Without this implied term, tenderers, whose fate could be predetermined by some undisclosed standards, would either incur significant expenses in preparing futile bids or ultimately avoid participating in the tender process.

The above principles and case law form the legal framework of procurement in Canada and were examined again in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways).

The facts of this case were that Tercon Contractors Ltd. ("Tercon") was one of two shortlisted bidders for a Request for Proposal ("RFP") to build a highway through Nisga'a Land. The other shortlisted bidder, Brentwood Enterprises Ltd. ("Brentwood"), recognizing that it lacked the depth of expertise to complete the project on its own, entered into a joint venture with another contractor named Emil Anderson Construction Co. ("EAC"). This arrangement would have been compliant had EAC been a sub-contractor and not a joint-bidder. However, since the arrangement (EAC and Brentwood) was a joint venture, it did not comply with terms and conditions of the RFP. When Brentwood/EAC was awarded the contract, Tercon filed a suit for breach of contract and damages caused by the Ministry of Transportation and Highways awarding the contract to a non-compliant bid. They argued that it was contrary to the RFP and the implied obligation of equality and fairness to all tenderers. Tercon won in the British Columbia Supreme Court, and were awarded damages in the amount of $3,293,998.

The British Columbia Supreme Court found that the Ministry of Transportation and Highways had breached its contractual duty of fairness and equity by awarding to a non-compliant bidder. In quantifying the damages, the court established that when a bidder under a tendering agreement sues for breach of Contract "A", the appropriate measure of damages is the "expectation principle" (i.e., what would the bidder's financial position have been had they performed the contract).

In its defence, the Ministry of Transportation and Highways sought to rely on its exclusion of liability clause in the tender materials:

"Except as expressly and specifically permitted in these Instructions to Proponents, no Proponent shall have any claim for any compensation of any kind whatsoever, as a result of participating in this RFP, and by submitting a proposal each Proponent shall be deemed to have agreed that it has no claim."

The trial court found that exclusion clauses in a request for proposal did not apply to fundamental breaches of the terms of the request for proposal itself (i.e., where the owner knowingly accepts a non-compliant bid).

This point was appealed and the Court of Appeal reversed the trial court's decision. Their rationale was that broadly construed exclusion clauses are broad enough and clear enough to cover even a fundamental breach. Most importantly, sophisticated parties should be aware.

Justice Cromwell of the Supreme Court of Canada, in speaking for the majority overruled the Court of Appeal, and held that the trial judge had correctly assessed the relevant legal issues by finding: (a) the Ministry of Transportation and Highways breached its contractual duty under the terms of the RFP; and (b) the Ministry of Transportation and Highways could not rely upon the exclusion clause as a defence to the breach and the resulting damages.

In summary, exclusion clauses, no matter how broadly construed or clear, cannot exclude an owner from liability in the event the owner alters the very nature of the RFP or tendering process in such a way as to unfairly or unequally prejudice one bidder over another. In addition, Justice Cromwell emphasized that paramount to the tendering and RFP process is integrity and business efficacy. Allowing such exclusion clauses to operate in the way suggested by the Ministry would completely undermine the process and rob it of its integrity. Finally, privilege clauses or exclusion clauses must not be read in isolation, and rather, should be read in harmony with the rest of the tender or RFP documents.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
This case reveals the subtle struggle between two major policies: (1) allowing sophisticated parties to contract; and (2) upholding the integrity and business efficacy of the procurement system in Canada. Accordingly, as sophisticated as a party to the tendering process may be, no owner should be allowed to completely ignore the terms and stipulations of its own tendering system at the cost of a compliant bidder.

# data[].attributes.attachment_link.title
Legal basics of competitive bidding and procurement in Canada

# data[].attributes.attachment_link.description
Patrick Cleary provides a quick review of certain legal principles and case law associated with competitive bidding and procurement in Canada.

# data[].attributes.body
In module #2, I learned that, during comparing government agencies and their needs it became known that they have unique priorities such as health, transportation or education that shape their specific needs in procurement fees or services.

Studying procurement requirements and responsibilities of government agencies it became known that government agencies must follow strict rules in procurement. They are responsible for ensuring fair supplier selection and reliable use of taxpayer funds.

Demonstration of research through presentation "Ontario Lotteries" involved collecting relevant data, critically analyzing them, and presenting the results or recommendations through presentations to a class or targeted audience.

Public and private institutions collaborate to share resources or to increase purchasing power through joint purchasing agreements through contracts and partnerships.

# data[].attributes.body
Public procurement in Ontario is governed by the Greater Public Sector Accountability Act 2010 and various directives. The Ontario Business Initiatives Act 2022 mandates that local businesses be prioritised in procurement.

Agencies must comply with legal requirements, including employment standards, labour laws, data protection and licensing. They must also adhere to rules related to discrimination, worker classification, wage and hour laws and work involving children.

We used risk management strategies in class where we looked at a hypothetical procurement case and identified the risks associated with it.

# data[].attributes.body
In Module #10 I learned, that Ethnic behavior is very important when dealing with a government agency because it builds public trust and affects the organization's reputation.

Public servants are stewards of public resources and must act honestly, fairly, and respectfully to ensure that decisions are made in the public interest.

# data[].attributes.body
Presentation in the class.

# data[].attributes.body
In module 12, I learned how to manage time during a presentation. Then, look the audience in the eye and use my memory to make the presentation more interesting and not just read from piece of paper.

Also, I understand how important to choose the right outfit for a certain event. I believe that an organized person cannot have illogical omissions when it comes to public speaking, because the listener also reads hidden signals of non-verbal communication.

# data[].attributes.headline
Executive Summary, activities in the Class based on Individual Case Analysis (week 5)

# data[].attributes.subject
Executive Summary, activities in the Class based on Individual Case Analysis (week 5)

# data[].attributes.body
In module #6 I learned to work with a group, and creating presentation, analyses and other activities as a way to help each other even outside the classroom during breaks

# data[].attributes.body
In Module 9, I learned that evaluation criteria must be clear and measurable in accordance with the project objectives. They must have an impact on stakeholders in accordance with applicable regulations. Each criterion must support transparent decision making and allow comparison between options or proposals.

# data[].attributes.body
From book to know...

# data[].attributes.attachment_link.title
Developing and Managing RFPs - Chapter 4

# data[].attributes.attachment_link.title
Buyandsell content has been moved to CanadaBuys - Buyandsell.gc.ca

# data[].attributes.attachment_link.description
Buyandsell.gc.ca is the Government of Canada’s open procurement information service to find tender opportunities, pre-qualified suppliers, contract awards and history, events for businesses, contacts, and to learn how to do business with the Government of Canada.

# data[].attributes.body
Module#7. Goods and services above dollar thresholds require competitive procurement (RFP) or invitation to bid (ITT). Smaller purchases may be made through direct sourcing or other non-competitive methods. Competitive bidding prevents favoritism, reduces costs.

# data[].attributes.attachment_link.title
Canadian Bidders Challenge Technical Criteria - Procurement Office

# data[].attributes.headline
Broader Public Sector Procurement Directive (2024)

# data[].attributes.subject
Broader Public Sector Procurement Directive (2024)

# data[].attributes.body
https://shorturl.at/LWGnR

# data[].attributes.body
In module 11, I learned how to work together in the final step of creating a report and a joint presentation. I learned this important skill that will be useful in any workplace. Namely, listening to each team member and respecting opposing opinions. I will use these soft skills with my colleagues in the future.

# data[].attributes.attachment_link.readable_text
We are a globally renowned resource that provides assistance with English to students, teachers, professionals, and organizations across the world. Our goal is to assist clients in their development as writers - no matter their skill level.

# data[].attributes.attachment_link.title
Purdue OWL® - Purdue OWL® - Purdue University

# data[].attributes.attachment_link.description
We are a globally renowned resource that provides assistance with English to students, teachers, professionals, and organizations across the world. Our goal is to assist clients in their development as writers - no matter their skill level.

# data[].attributes.headline
Writing Reports for Business SCM Programs - 7th Edition: 

# data[].attributes.subject
Writing Reports for Business SCM Programs - 7th Edition: 

# data[].attributes.attachment_link.title
Writing Reports for Business SCM Programs - 7th Edition (3)

# data[].attributes.body
https://veridion.com/blog-posts/procurement-risk-management-tool-types/

# data[].attributes.headline
Course Learning Outcomes Addressed LO1-LO7

# data[].attributes.subject
Course Learning Outcomes Addressed LO1-LO7

# data[].attributes.body
Summarizing according Assignment Introduction and Learning Goals

# data[].attributes.body
The needs of a government agency are determined through budget planning and stakeholder participation in hearings or procurement.

The role of procurement helps to clarify needs with budget and policy.

Writing a specification means clearly describing what is needed. For example, the type of product, its qualities and its standards.

At the same time, the specifications must be understandable, for this you need to make sure that they are easy to interpret for the supplier.

# data[].attributes.body
In module 13, I learned that contracts are legally binding agreements between two or more parties that spell out specific obligations or rights.

A contract is not just a casual promise or verbal agreement, it must include basic elements of law to be legally binding.

Contracts are made to ensure that the interests of all parties are protected and to prevent future disputes. Because it is based on the law of resolving problems in the event that the terms of the contract are not fulfilled.

# data[].attributes.body
At the end of module 14, I already know that document creation involves developing clear specifications and volumes of work that require performance expectations. This is also important for the evaluation criteria and objectivity of suppliers' offers, price-quality ratio. Recalling the covered material, I noted the importance of the basis ethic and transparent purchasing for a procurement process in total.