Legal news and trends for Canadian in-house counsel and c-suite executives
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permanent access to provincial, ter- ritorial, and municipal procurements over set monetary thresholds (above US$500,000 for goods and services and above US$7.5 million for construction services). The level of commitment varies, being highest in the four west- ern provinces as well as in the Yukon and Northwest Territories with all but a few entities included, and much lower in Ontario where all ministries and only certain agencies are included and highway construction is excluded. The Canadian business community has yet to realize the long-term impact of foreign competition that comes with the new U.S.-Canada accord and appears likely to be on the way with a EU-Canada trade pact, Swick fears. The trade agreements could "greatly diminish those governments' flexibil- ity to decide the circumstances under which they will contract with foreign companies and it could adversely affect the number of government contracts awarded to Canadian companies." New agreements such as the 2010 compromise struck between Ottawa and Washington also offer new oppor- tunities for Canadian businesses to sell goods and services to various U.S. gov- ernment agencies and departments. With that in mind, Washington, D.C., trade lawyer Hamill has some advice for in-house counsel and other compa- ny executives: "Make sure they know and have good relations with their suppliers so that if issues such as origin come up they can either get certifica- tions or information" to provide to the prime contractor. As well, cross-border businesses should determine where the money is coming from. "A federal project may actually be a state or munici- pal project. Follow the money and identify who is in control in terms of decisions." Finally, he says businesses should be careful to sign on the dot- ted line. "Don't just sign a piece of paper just because a potential contrac- tor asks you to sign it. Make sure you understand it. In many cases these are government contracts and by making a false statement you are making a false statement to the government, and that can create significant liability issues both corporately and personally." As to the question of whether would-be cross-border bidders should seek international counsel on govern- ment acquisitions, Hamill says there is no hard and fast rule. "If I were an in-house lawyer and I was approaching this for the first time, I would want someone. If it was a U.S. federal agency, get someone who knows the FAR (the 53-part Federal Acquisition Regulation) and maybe even someone, a number of our attor- neys have done so, that has worked the process not only outside but inside." IH ATLANTIC LEGAL TELEPHONE DIRECTORY 2011-2012 CONNECT TO THE EAST COAST LEGAL NETWORK Get names, mailing addresses, email addresses and phone numbers for lawyers and law offices in the Atlantic provinces. Compiled by Canada Law Book's renowned directories group, the Atlantic Legal Telephone Directory is your source of essential east coast legal contact information. In addition to up-to-date and accurate listings for lawyers and law offices, you also have quick and easy access to: • • • • Perfectbound • June 2011 One time purchase $36.50 L88804-531 On subscription $36.50 L88804-531-26059 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. • • • • • • • • law/barristers' societies Canadian Citizenship Courts Courts of Appeal Federal Court of Canada • Government of Canada departments and regional offices incorporated municipalities judicial districts and judicial officials land registration and information services The Associations of Land Surveyors The Law Foundation provincial government departments boards and commissions university law faculties Visit canadalawbook.ca or call 1.800.387.5164 for a 30-day no-risk evaluation CANADA LAW BOOK® INHOUSE JUNE 2011 • Atlantic - 1/2 island.indd 1 29 5/5/11 11:47:10 AM ... and much mor e.