The following article was written for the ABA Procurement and ABA Aerospace groups regarding the recent Supreme Court of Canada's decision in Northrop Grumman Overseas Services v. AG.
Foreign bidders on Canadian Government contracts — if they are not covered by the NAFTA or the WTO Agreement on Government Procurement — ought to ensure that their bids are made through and fulfilled by their Canadian subsidiary or a Canadian entity with a place of business in Canada in order to take advantage of the fair bidding protections in the AIT and to have standing to complain about the award before the Canadian International Trade Tribunal.
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