top of page

HOW PUBLIC CONTRACTS ARE WON

A working guide to government procurement in Canada and the United States. Topics include how buyers issue solicitations, how evaluators score them, and what separates a compliant bid from a winning one. Written by the team at NVR Bids from hundreds of submissions on both sides of the table.

WHY GOVERNMENT BUYS THIS WAY

WHY GOVERNMENT BUYS THIS WAY

Public bodies spend public money, so they have to show every purchase was open, fair, and competitive. 

Every municipality, region, province, Crown corporation and federal department sets a spending threshold in its purchasing bylaw or policy. Below it, staff can often buy directly or collect a few quotes. Above it, they must run a formal, publicly advertised competition. Trade agreements such as the Canadian Free Trade Agreement and CETA add their own thresholds that force wider advertising for larger contracts.

​

This is why thousands of opportunities are posted every week. The buyer usually has no choice. It also explains the tone of the documents: most of the pages protect the organization from legal challenge, and only a small portion describes the work itself. Many large solicitations are drafted by outside consultants whose priority is defensibility, which is why requirements can read as stricter than the buyer really needs.

​

Two consequences follow for suppliers. First, the rules are published and applied to everyone, so a smaller firm that reads carefully can compete with a much larger one. Second, the buyer is looking for reasons to shorten its list. A missed form or an ignored mandatory requirement ends a bid before anyone reads the proposal.

Everything you submit can become public

​

Most public bodies are subject to freedom of information legislation. Pricing, experience and staff details in your proposal may be released on request, sometimes with commercially sensitive portions redacted. The same rules let you request past proposals and award data, which is one of the most underused sources of competitive intelligence available.

TYPES OF SOLICITATIONS

TYPES OF SOLICITATIONS

The acronym tells you what the buyer wants from you and how the winner will be chosen.

RFP​

Request for Proposal

The buyer describes an outcome and scores how you would deliver it. Technical approach, experience and price are weighted and combined. Some US states use an Invitation to Negotiate (ITN), which adds a formal negotiation stage.

RFI​

Request for Information

Market research. Nobody is awarded, but your answers shape the requirements of the RFP that follows. US federal buyers often call this a Sources Sought notice. A well-judged response can write your strengths into the next competition.

RFQ​

Request for Quotation

Price-driven. The specification is fixed and the lowest compliant price usually wins. Common for goods and clearly defined services.

RFSO​

Request for Standing Offer

Establishes pre-approved pricing and terms. No work is guaranteed. The buyer calls up the standing offer when a need arises.

VOR​

Vendor of Record

A roster of qualified suppliers, usually for two to five years. Once on it, you compete in short mini-competitions instead of full RFPs.

ITB​

Invitation to Bid or Tender

Formal and price-based, often for construction. Also called RFT in several provinces and IFB in the US. Bids are frequently opened publicly and may need a bid bond.

RFSQ​

Request for Supplier Qualification

Builds a prequalified list without pricing the work. The federal government of Canada uses a Request for Supply Arrangement (RFSA) for the same purpose. Only qualified suppliers can bid on the later call-ups or mini-competitions.

RFQual​

Request for Qualifications or Expressions of Interest

Stage one of a two-stage process, also issued as an RFEI or RFPQ. The buyer shortlists on experience and capacity, then invites only the shortlist to the RFP or tender.

ACAN​

Advance Contract Award Notice

The buyer intends to award to one named supplier. Other suppliers have a set period to show they can meet the requirement, which can force an open competition. The US equivalent is a notice of intent to sole source.

Co-op​

Cooperative purchasing contract

One agency competes a contract that other public bodies can then buy from without running their own. Examples include Sourcewell, OMNIA Partners and NASPO ValuePoint in the US, and Canoe and Kinetic GPO in Canada.

FINDING OPPORTUNITIES

FINDING OPPORTUNITIES

Nearly all public solicitations are posted online. The challenge is that they are scattered across dozens of portals

CanadaBuys​

Federal government of Canada

MERX​

Federal, provincial, municipal and private postings

Bids&Tenders​

Many Ontario and Western municipalities

Ontario Tenders Portal

Province of Ontario ministries and agencies

Alberta Purchasing Connection

Alberta public sector

BC Bid and SEAO

British Columbia and Quebec

SAM.gov​

US federal contracting

Aggregators​

Paid services that combine postings from many portals

Registration on most buyer portals is free, although some charge to download documents or to access a whole province. Portals that republish other portals only carry what they pull, so relying on a single source means missing bids. Paid aggregators search thousands of sources in one place and are worth the cost once you pursue opportunities regularly. When an aggregator lists a bid without documents, follow the link back to the issuing portal and download the official package there.

 

Private sector buyers work differently. Their RFPs are usually invitation only, sent by email to a shortlist of known suppliers. Getting on those lists depends on relationships, reputation and a clear capability statement.

READING THE DOCUMENT

READING THE DOCUMENT

A solicitation must be read as a whole, including every addendum

Instructions to bidders

Deadlines, the single point of contact, question procedures, submission method, file naming and page limits.

​

Evaluation criteria

The weighting of each section. This decides where your effort goes, and it should shape the structure of your response.

​

Forms and pricing schedules

Must be used exactly as provided. Never retype, restructure or add columns to a pricing form.

​

Addenda

Answers to bidder questions and changes to the document. Many solicitations require you to acknowledge each one by number.​

Scope of Work

Often the shortest section. Read it three times. It tells you what the buyer actually needs and where the risk sits.

​

Terms and legal provisions

The buyer's rights to cancel, clarify, verify, reject and negotiate. Standard, but read for anything unusual.​

 

Draft agreement

The contract you will sign if you win. Payment terms, insurance, liability and termination all live here.

​

Intent to respond

Sometimes mandatory, sometimes optional. Check which, because missing a mandatory intent deadline can remove you before you start.

The words that define compliance

Must, shall, mandatory

A pass or fail requirement. If you cannot meet it, you cannot win, however strong the rest of the bid.

Should, preferred

A scored or desirable element. Missing it costs points, not eligibility. 

May

A right the buyer reserves, such as to clarify, interview or award in part. Plan for it.

Equivalent

You can propose alternatives to named products or standards, but the burden is on you to show they match.

Ask before the question deadline​

If a mandatory requirement is unreasonable or excludes you, submit a question explaining why and propose an alternative. Buyers do change requirements, especially when several bidders raise the same issue. Questions are published anonymously, and after the deadline no further clarification is possible.

During the open period, all communication goes through the named contact. Calling other staff at the buying organization can disqualify you. Relationship building happens before a solicitation is issued and after it is awarded.

BID OR NO BID

BID OR NO BID

The most valuable decision in procurement is the one made before any writing starts

A strong proposal takes one to two weeks of effort to gather information, write, price and review. Spending that on an opportunity you cannot win costs you the one you could have. At NVR every opportunity goes through a formal go or no go review against the client's profile before work begins.

Walk away when

You miss a mandatory requirement and the buyer has not changed it. The buyer demands public sector experience you do not have. Required insurance, certifications or licences cannot be in place by the deadline. The pricing would not be profitable at the scale required.

Pursue when

You meet every mandatory requirement. The scoring rewards what you do well. You have relevant references, public or private. The contract value is one you can finance until you are paid. You have time to write properly before the deadline.

For newer suppliers, the sequence matters. Start with opportunities that accept private sector experience and are sized to your cash flow. A few completed public contracts make you eligible for the larger ones that follow.

HOW BIDS ARE SCORED

HOW BIDS ARE SCORED

Evaluation usually runs in stages. Each is a gate, and only the scored stage rewards quality.

1​

Compliance

Were all required forms, signatures and documents submitted on time and in the correct format?

Pass or fail

2​

Qualification

Does the bidder meet minimum experience, licensing and insurance criteria, with no conflict of interest?

Pass or fail

3​

Rated evaluation

A panel scores the written response and applies the pricing formula against the published weights.

Scored

4​

Presentation

Shortlisted bidders may be interviewed or asked to demonstrate. Often optional and lightly weighted.

Scored if held

Scoring is done by a panel, often drawn from several departments, who each score independently before agreeing a consensus score. Evaluators read dozens of responses against a rubric. Answers that follow the criteria in order and make each point easy to find are easier to score well.

The pattern holds across most RFPs where price carries heavy weight. A technically excellent response rarely overcomes a large price gap, and a low price never survives a failed compliance gate.

WRITING THE RESPONSE

WRITING THE RESPONSE

Evaluators score evidence. The strongest responses answer the criterion directly, prove it with specifics and move on.

Answer, then prove

Open each section with the answer, not a restatement of the question. Support it with real contracts, names of systems, volumes, response times and outcomes. Evaluators have read the claim that a firm is committed to quality many times. They have not read your delivery record for a comparable client.

​

Mirror the structure of the criteria

Use the buyer's headings in the buyer's order. If the criteria list eight sub-items, answer eight sub-items. An evaluator who cannot find an answer scores it as missing.

​

Write for the reader

Keep it concise and direct, with fewer adjectives and no filler. Use paragraphs for reasoning and short lists only where the content is truly a list. Use Canadian spelling for Canadian bids and American spelling for US bids. Respect page limits exactly, because content beyond the limit is often not read.

​

Price with the whole term in mind

Multi-year contracts often ask for a price for each year. Build in realistic escalation for inflation and supplier increases. Assume you may not be able to renegotiate, and price each year so it remains profitable if you cannot.

​

Hold back on redlines

Many buyers invite comments on the draft agreement with the bid. Unless a term is a genuine deal breaker, it is usually better to raise changes once you are shortlisted or selected, when you have more leverage and less risk of being marked down.

​

Be honest

Claims are verified. Buyers call references, check certifications and can adjust scores based on their own experience with you. An overstated response that wins becomes a contract you cannot deliver.

SUBMITTING

SUBMITTING

Most submissions now go through a portal or by email. Courier and hand delivery still appear, particularly in US bids.

Set an internal deadline at least 24 to 48 hours before the official close. Portals slow down in the final hour, uploads fail and late submissions are rejected automatically, with no exceptions.

1
 

2
 

3

4
 

5
 

Confirm portal registration under the correct legal entity

 

Download and acknowledge every addendum

​

Complete every prescribed form without modification

​

Sign where signatures are required

​

Use the requested file format and naming​

6
 

7
 

8
 

9
 

10
 

Check page limits and font requirements

​

Include insurance certificates and other attachments

 

​Confirm the deadline time zone

​

Avoid password-protected files unless requested

​

Submit early and save the confirmation receipt 

Before the deadline you can usually amend or withdraw a submission. After it, your proposal is typically irrevocable for a stated validity period, often 90 to 120 days.

FROM AWARD TO PURCHASE ORDER

FROM AWARD TO PURCHASE ORDER

Being selected is not the same as being under contract. Several steps sit between the two. 

After evaluation, the buyer may shortlist the top bidders for presentations or negotiation. The preferred bidder then receives a notice of selection or award letter. The contract is negotiated from the draft agreement, and only when both parties sign is it binding. This is why an award sometimes moves to the second-ranked bidder: terms could not be agreed, or something in the proposal did not hold up.

​

For supply contracts and many service contracts, the document that matters day to day is the purchase order. Construction and professional services contracts often run on the signed agreement, task authorizations or work orders instead. It carries the order number, the scope and the value, and it is what your own suppliers and lenders will ask to see.

​

If you are not successful, request a debrief. Most public buyers will walk you through your scores and where points were lost. It is the cheapest improvement available for the next bid.

When nobody qualifies​

If every bidder fails the gates, the buyer may cancel and reissue, or proceed with the closest bidder. Requirements written beyond what the market can deliver are a common cause, which is another reason to raise concerns during the question period.

DELIVERING THE CONTRACT

DELIVERING THE CONTRACT

Winning creates obligations that should be planned for before you bid.

Payment terms and cash flow

Public buyers usually pay 30 days after receipt of a proper invoice, after delivery is accepted. Suppliers must often buy product or pay staff first. Options include business lines of credit, asset-backed lending and purchase order financing, which is fast but can cost close to 10 percent. Size your pursuits to what you can float.

Insurance

Expect commercial general liability, commonly at $2 million or more, plus automobile liability for vehicles, and professional or errors and omissions coverage for advisory and digital work. Provide certificates naming the buyer as an additional insured when asked.

Workers' compensation

Any on-site labour needs workers' compensation coverage. In Canada this is through the provincial board, such as WSIB in Ontario or WCB in Alberta, and buyers ask for a clearance certificate. In the US it is set by each state and usually bought from a private insurer or state fund, and buyers ask for proof on your certificate of insurance.

Documents to keep ready

Business number and legal name, insurance certificates, workers' compensation clearance, authorized supplier or distributor letters, references with current contacts, and a bid library of past responses.

GLOSSARY

GLOSSARY

Addendum

An official change or clarification issued after the solicitation is released. Plural addenda.

​

Award notice

Written notice that the buyer intends to contract with the preferred bidder. It is not a signed contract.

​

Best and final offer (BAFO)

A request to shortlisted bidders to submit revised pricing or terms, often after negotiation. Common in US bids.

 

Bid bond

A surety guarantee that the bidder will sign the contract if selected. Common in construction.

 

Bid dispute or protest

A formal challenge to how a solicitation was run or awarded. Each buyer sets strict deadlines for filing one.

 

Bid library

A repository of past proposals and reusable content that speeds up future responses.

 

Bid security

Money or a guarantee submitted with a bid, such as a bid bond, certified cheque or letter of credit, forfeited if the winner walks away.

 

Call-up

An order placed against a standing offer or supply arrangement. Called a task order or delivery order in the US.

 

Certificate of insurance

A document from your insurer confirming coverage types and limits. Buyers often require it at signing, sometimes with the bid.

 

Clarification

A request from the buyer to explain part of your submission after closing. You cannot use it to add new information or change your price.

 

Closing date

The exact date, time and time zone after which submissions are rejected.

 

Conflict of interest

Any relationship or advantage that could compromise a fair competition. Most solicitations require a declaration.

 

Consensus scoring

Evaluators score independently, then agree a single score for each criterion.

 

Debrief

A meeting after award where the buyer explains how your proposal was scored.

 

Evaluation criteria

The published factors and weights the panel uses to score each proposal.

 

Fixed price

A price that covers the full scope regardless of your actual cost. The supplier carries the risk of overruns.

 

Holdback

A percentage of each payment the buyer retains until the work is complete, common in construction and set by provincial legislation.

 

Lowest compliant bid

The lowest priced submission that meets every mandatory requirement. The usual award basis for RFQs and tenders.

 

Mandatory requirement

A pass or fail condition. Failing one removes the bid from evaluation.

 

Mini-competition

A short, fast competition among suppliers already on a roster, standing offer or supply arrangement.

 

Non-compliant bid

A submission rejected for failing a mandatory requirement, missing a form or arriving late. It is not scored.

 

Performance bond

A surety guarantee that the contractor will complete the work as agreed. Common in construction, often at 50 percent of contract value in Canada and 100 percent on US federal projects.

 

Pre-bid meeting

A session hosted by the buyer to explain the solicitation and take questions. Sometimes mandatory.

 

Pricing schedule

The buyer's prescribed form for your pricing. It must be completed exactly as provided, with no added columns or conditions.

 

Proponent

The term many Canadian buyers use for a bidder responding to an RFP.

 

Purchase order

The buyer's formal order authorizing work or supply for a stated value.

 

Rated requirement

A criterion scored on quality rather than pass or fail. Stronger answers earn more points.

 

Security clearance

Screening of your organization and staff before they can access sensitive government information or sites. Common in Canadian federal and US defence work.

 

Single point of contact

The only person bidders may communicate with during the open period.

 

Statement of work

The document that defines the tasks, deliverables and timelines of the contract. Also called scope of work or terms of reference.

 

Subcontractor

A firm that delivers part of the work under the prime contractor. Many bids require you to name subcontractors and their share of the work.

 

Supplier registration

The account you create on a buyer's portal or, for US federal work, in SAM.gov with a Unique Entity ID. Allow time, as some registrations take weeks.

 

Time and materials

Payment based on hourly rates and actual materials used, usually capped by a ceiling price.

 

Two-envelope submission

A format where the technical proposal and price are submitted separately, and price is opened only for bidders who pass the technical stage.

 

Unit price

The price for one unit of a good or service. Buyers multiply unit prices by estimated quantities to compare bids.

 

Validity period

How long your proposal must remain open for acceptance after closing.

bottom of page