7. Exemptions to Competitive Bidding
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7. Exemptions to Competitive Bidding Start Comparison
a. Are there any exemptions to competitive bidding, i.e. under what conditions is a direct award/single sourcing permissible?

The Trade Agreements generally include various grounds for exemptions to competitive bidding. These are supplemented by each public agency's internal policies and procedures, and may also be supplemented by sector- specific provincial and municipal legislation.

b. What are the consequences for violation of the competitive bidding requirement?

From the perspective of the bidders, violation of the bidding requirements typically leads to a determination that their submission is non-compliant, and therefore will be excluded from consideration in the context of awarding the contract. From the perspective of the party conducting the competitive bidding process, a violation of the competitive bidding requirements, particularly a violation that favours a particular bidder or disadvantages other bidders, can lead to a common law claim for damages. See 8(f) and 8(g), below.