Tendering and Purchasing Law in Upstream Oil, Gas, and Oilsands: The Competitive Bidding Process and Obligations When Contracting for Work

Abstract

This article provides owners, and particular oil, gas, and oilsands producers, with an overview of various procurement processes and specific suggestions on how owners can structure such processes, draft tender documents to meet their goals, and avoid the liability that often arises out of the tendering process. In particular, the scale and cost of oil, gas, and oilsands projects, as well as the change in market conditions, raise new issues in the procurement context that owners should consider. The article concludes with a discussion of joint ventures, the Companies’ Creditors Arrangement Act process, and project liability.