A consultant or professional, by virtue of the kind of service provided, may be in a position to exercise a bias toward a third party that could put the latter in a favoured position for future business with the Crown. the specifications, delivery schedule and quality requirements of the particular contract as they affect costs. if the security is a surety bond, 10 per cent of the amount bid. 11.4.1 Departments and agencies may, pursuant to section 3 of the Contracting Policy, arrange transactions that involve the transfer of goods, services or real property between departments, Crown Corporations, provinces, municipalities and the Territories. 4.2.7 The Common Services Policy provides that departments and agencies must obtain goods and certain services from common service organizations only, unless exception is made by direction, through other Treasury Board policies, within specific departmental legislation, or in the provisions of the Common Services Policy. In cases of cost overrun (a) under-estimating the cost of the work to be performed or (b) for work that was to be done but not included in the terms of reference (as distinct from additional work resulting from client requirements or similar reasons) provide a detailed explanation of the reasons for the overrun (See appendix 2-1, Project Approval and Chapter 2-2, Project Management of the Capital Plans, Projects and Procurement policies). As a general rule, the more elaborate the prequalification of prospective contractors, the less the need for security in the contract; after solicitation of bids, the capability of the specific contractor, including (as deemed applicable and available) the financial structure, performance record, payment record, credit rating and availability of cash in relation to commitments. in the case of a call for bids, the lowest bid or the bid that offered the best value, as set out in the evaluation criteria in the bid solicitation and as determined by the contracting authority, was accepted; in the case of a call for bids where only one bid, compliant with mandatory criteria set out in the bid solicitation was received, fair value to the Crown, as determined by the contracting authority, was obtained; or. The process should not be subject to judicial procedures such as rules of evidence, and the mediator should be allowed reasonable access to information and to employees of both the Crown and the contractor. The name of the applicable CLCA(s) where the services or goods were delivered. See Appendix O. 12.11.2 The following is the policy on financial security and the use of insurance in contracting. Contracting authorities may solicit expressions of interest by inviting firms and individuals to complete a questionnaire providing standard information such as that shown in Appendix J. , the Canadian International Trade Tribunal Procurement Inquiry Regulations apply. Competitive and non-competitive agreement up to $5,000,000 to transport by ocean-going vessel any goods for Global Affairs Canada under the following conditions: the price offered is considered by the contracting authority to be reasonable under prevailing market conditions; and, the lowest valid bid is accepted or, if it is necessary to accept more than one bid to accommodate the quantity of goods to be shipped, successive lowest valid bids are accepted, Services contract for repair and overhaul of military equipment up to $50,000,000, Goods contract for ammunition under the Munitions Supply Program up to $50,000,000, Goods and/or services contract under the United States Foreign Military Sales program up to $25,000,000, Goods contract for bulk fuel up to $10,000,000, Contracts with the government of the United States containing that governments usual terms dealing with indemnity and liability, subject to the limits of the Treasury Board, Printing and related services are defined as printing, integrated forms management, warehousing and distribution. The Japanese kokanee, also known as the kunimasu salmon or black kokanee, is considered a subspecies of the sockeye salmon by some, or even a separate species Oncorhynchus kawamurae, and occurs naturally in Lakes Akan and Chimikeppu on Hokkaido Island. ensure that the statement of work or the requirements description clearly describes the work to be carried out, the objectives to be attained and the time frame; ensure that an employer-employee relationship will not result when contracting for the services of individuals in accordance with criteria established by the Canada Customs and Revenue Agency and pertinent court rulings; ensure that the fees paid do not exceed the appropriate market rate for the service provided; ensure that contracts for the services, awarded competitively or non-competitively, of former public servants in receipt of a pension or a lump sum payment (or both) reflect sound contracting practices, including fairness in selection and compensation. The basic policy governing the principles and expression of policy in the Standard Federal Government Construction Contract is the prerogative of the Treasury Board. ", publication number RC4110, Communications Policy of the Government of Canada, Federal Contractors Program GCpedia page, Office of the Superintendent of Financial Institutions, Justice and Attorney General - Insurance Branch, Financial Services Commission of Ontario, Consumer, Labour and Financial Services, Saskatchewan Financial Services Commission, Applies to call-ups against a standing offer established by Public Services and Procurement Canada. explicit about the clients requirements and the contractors responsibilities so that questions of interpretation can be avoided; and. 1.5 The expression "UCP" means the International Chamber of Commerce (ICC) Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No 600. The bidder or contractor has the option to submit a security deposit in the form he or she wishes to provide, however, the following criteria can be used as a guide to determine the form and amount of security: As specified in the definitions in the Government Contracts Regulations, a security deposit may be a bill of exchange payable to the Receiver General and certified by an approved financial institution on itself, a government guaranteed bond which is convertible to cash, or any other form of security acceptable to the contracting authority and approved by the Treasury Board. Indicate whether the contract is a firm price contract, unit price contract or a target price contract, etc. Treasury Board approval is not required to use arbitration. Part 10: Co-operation Agreement between the Inuvialuit Regional Corporation and the Department of National Defence Concerning the Restoration and Clean-Up of DEW sites within the Inuvialuit Settlement Region - February 2, 1996. These payments are to be reported on a T4A-NR Supplementary slip. detailed enough to ensure that the client department receives the services or advice that it requires but, at the same time, flexible enough to permit innovation and initiative by the contractor in the interests of the client department. NAFTA, WTO-AGP and AIT require that members to the agreements maintain an independent bid challenge authority. When security is obtained, contracting authorities will apply the procedures for the handling of bonds and security deposits set out in the Government Contracts Regulations. the actual value of similar recurring contracts concluded over the previous fiscal year or 12 months adjusted, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or. Consultants and professionals can be evaluated against one or more of the following criteria: 1.3 The qualifications of the consultant or professional must always be a factor in deciding who will do the work. If the Contractor certifies falsely under this section or is in default of the obligations contained therein, the Minister may either terminate this Contract for default provisions of the Contract or recover from the Contractor by way of reduction to the Contract Price or otherwise the full amount of the contingency fee. the benefits of earlier completion or delivery; the related risks and contingent cost allowances; and. 5.1.3 Also, as part of the obligations of the North American Free Trade Agreement, the World Trade Organization Agreement on Government Procurement, and the Agreement on Internal Trade, contracting authorities are required to report certain statistics. At the same time, excessive or improper contracting for services can result in circumvention of government legislation, regulations and policies covering such matters as the merit principle and bilingualism. When a common service organization carries out procurement for goods or services, the client federal institution must submit, where necessary, contractual documents, including its requisition, specifications, standards and purchase descriptions in both official languages. Contractors and prospective contractors must be dealt with in the official language of their choice as required by the Act and Regulations. PWC no longer reports on real property leasing activities. If it is determined later that a significant demand exists for such documents in the other official language, the federal institution must take the necessary measures to make the documents available in the other official language. 12.2.11 Interest is not paid on an interim basis, on interest charges, or on advance payments that are late. Bids are then invited only from the firms that have qualified. The Crown shall only accept letters of credit that clearly specify that they areirrevocable or are deemed to be irrevocable pursuant to article 6 c) of the UCP. An outline of the extent of Canadian content. Although provision is made for non-competitive procurement of services, an exception to the general government policy and practice of competitive solicitation should not be necessary in these situations. the aberration is trivial or negligible compared to the total cost or scope of the supplies or services being procured; the presence of that aberration, its removal by negotiation, or its clarification with the bidder could not reasonably be considered prejudicial to the other bidders; and. This exception should be invoked only with the approval of senior management as delegated by the contracting authority (the minister). No contract for the services of a former public servant in receipt of a pension or a lump sum payment may be entered into unless the contracting authority is satisfied that it is in the public interest. 16.10.3 Competition for consultants or professionals. Public Works and Government Services Canada is responsible for qualifying firms and negotiating basic rates under master standing offers. Contracting authorities must ensure that there is no discrimination between foreign or between domestic suppliers when establishing the qualification criteria. 1987-1355, on the recommendation of the Treasury Board, pursuant to subsection 41(1) of the Financial Administration Act. A contract with a public servant is subject to the same conditions that govern all contracts. Part II of the Schedule lists "separate employers," that is, entities that establish their own terms and conditions of employment. This requirement also applies to public notices, statements of terms and conditions, basic forms, bid solicitations, standards, purchase descriptions and contracts. When an exceptional limit for a specified program is lower than the basic limit for its corresponding schedule, the lower exceptional limit applies. 12.8.1 The key factor when disputes arise is the expeditious handling of the disagreement. Standing offers are established by competitive bidding or negotiation. The letter of credit should not have its expiry coincide with the projected cessation of the risk which it covers: for instance, the expiry date stated in the letter of credit should not be the same date as that which is projected for the award of the contract or the completion of the work. They are contained in Appendix G. 12.5.4 Section 80 of the Financial Administration Act makes it an indictable offence if any regulations under the Act, including the Government Contracts Regulations, are violated. 24.3.6 Procurement policies and implementing measures shall reflect, to the extent possible, the following objectives: 24.3.7 To support the objectives set out in Section 24.3.6, the Government of Canada and the Territorial Government shall develop and maintain policies and programs in close consultation with the DIO which are designed to achieve the following objectives: 24.4.1 In co-operation with the DIO, the Government of Canada and the Territorial Government shall assist Inuit firms to become familiar with their bidding and contracting procedures, and encourage Inuit firms to bid for government contracts in the Nunavut Settlement Area. To this end, the Directive Concerning the Use of Dispute Resolution Clauses in Contracts (the Directive) has been issued by the Department of Justice. For the inclusion in submissions of foreseeable amendments to contracts, see article 12.9.3. Eggs hatch within 110 days, and the juveniles swim out to the lake. Whether the procurement is subject to the trade agreements, the. [4][5], Kokanee are native to many lakes in the western United States and Canada including Alaska, Washington, Oregon, California and Idaho in the United States and British Columbia and Yukon in Canada. The governments model bid bond form contains provisions obligating bonding companies to compensate the Crown for higher costs caused by withdrawals after acceptance. [19], Identification, life cycle, and development. Pension Plan. 16.15.1 As mentioned at paragraph 4.2.6 of this policy, pursuant to paragraph 221(1)(d) of the Income Tax Act, payments exceeding $500.00 made by departments and agencies under applicable service contracts, including contracts involving a mix of goods and services, must be reported on a T1204 supplementary slip. If there is a penalty for late delivery, this should be reported. Any significant information given by a contracting authority to a supplier with respect to particular procurement shall be given simultaneously to all other interested suppliers and sufficiently in advance so as to provide all suppliers concerned adequate time to consider the information and to respond. 2.4 The contracts will include goods procurement related to the energy services. 5.1.4.3 The deputy head of AANDC must prepare and disclose, on a public Government of Canada website, a quarterly report on contracts for each area covered by a CLCA within 90 calendar days after the end of the quarter. Contracting authorities should not automatically select the same source for all requirements. 3. If surety bonds are proposed by the bidder or contractor and are acceptable to the contracting authority, the appropriate model bond form should be used for consistency and uniformity. All requirements for goods that are subject to the provisions of the Agreement on Internal Trade must be published on the electronic bidding system. When a project is not complex and there is no significant interaction between the specification and the implementation phases, the design, specification, or requirement definition is completed separately, to the stage where the cost to implement can be accurately estimated. 8.5.1 As stated in article 6.1.1(a), the Official Languages Act and related policies and directives are to be observed in the contracting process. They possess the typical shark lamniform body plan and have been mistaken for great white sharks. This reflects the principle of contract law that an offer is not binding if it is made in error or contains an error that is made known to the recipient. When the interests of the government can best be met by centralized acquisition, the policy on common services provides that procurement be carried out by the designated mandatory CSO unless the services are designated optional or an exception has been granted. For the purpose of this bond, no payment is required to be made in respect of a claim for payment for labour or services performed or material supplied in connection with the Contract that represents a capital expenditure, overhead or general administration costs incurred by the Principal during the currency or in respect of the Contract. Surety bonds issued by the following companies may be accepted provided that the contract of suretyship was executed in a province in which the company is licensed to do business as indicated in brackets. motion picture production and distribution. 1.1 Departments and agencies (listed at Schedules I, I.1 and II of the Financial Administration Act) must follow practices that will ensure fairness and equality to designated groups in the administration of all contracts. (Further guidance on what should be included in an ACAN is available in the Guide for Managers Using Advance Contract Award Notices (ACANs)). SIGNED, SEALED AND DELIVERED in the presence of: Note: Affix Corporate seal if applicable. The contractor must then initiate appropriate corrective action within a reasonable time period. contracts for the supply of services; and. 10.8.22 Forwarding of Tender Documentation by the Entities under the North American Free Trade Agreement and the World Trade Organization Agreement on Government Procurement. Mediation should conform to the following principles: 12.8.5 Arbitration. 4.2.1 There are a number of other government policies as well as administrative practices which must be observed in relation to the contracting policy requirements. The following elements may be included as applicable: 16.1.4 Bidding. It is possible that other centres of responsibility within a department or some other government agency has already carried out work that will satisfy the requirement. All contracts should specify the rate(s) of payment or unit price(s) for the entire period and/or quantity required, including all phases and specified option periods or quantities. In this situation, a contracting authority may implement the policy of competitive bidding by then seeking valid bids from the qualified bidders. ensure they use a single qualification procedure, except that a contracting authority may use additional qualification procedures where the contracting authority determines the need for a different procedure and is prepared, on request of another Party of the Agreements, to demonstrate that need; and. The tail and fins can stay as well. that the requirements definition be as complete as circumstances permit; that the price basis chosen be appropriate to that level of completeness; and. Emory Scholars Blog. The principle of applying bid criteria or requirements equally to all bidders is part of Canadian contract law and is applicable to both the public as well as the private sectors. Legal advice should be obtained locally, if necessary. 1.1 This appendix supplements the provisions of Section 4., Policy requirements, and article 4.2.22, Related requirements. 1986-2746, Dec. 4,1986. There are also times when the federal government co-operates with a provincial or municipal body to carry out a project. 16.13.3 Public Works and Government Services Canada is responsible for awarding public opinion research and advertising contracts. Get rid of the scales and the insides, leave everything else untouched. 11.2.4 The Treasury Board Contracts Directive distinguishes between competitive and non-competitive contracts for determining the contract approval levels delegated to contracting authorities. Contractors found to be non-compliant have the right to appeal to the Minister of Labour. This should clarify the requirement which should, in turn, result in best value. when a number of items are included in the bid and one or more firms bid lower on one or more of the items, the firm that bid low on the greatest dollar value be given preference both for the items on which it bid equal prices and for the items on which it bid low. Section 7 of the Government Contracts Regulations does not specify how bids for construction contracts should be obtained. Crucian carp See: Carps. National Joint Council Travel Directive 1.1 For the purpose of this policy, a standby letter of credit (hereinafter referred to as "letter of credit") means any arrangement, however named or described, whereby a financial institution (the "Issuer"), acting at the request and on the instructions of a customer (the "Applicant"), or on its own behalf, is to make a payment to or to the order of the Crown, as the beneficiary, or is to accept and pay bills of exchange drawn by the Crown, or authorizes another financial institution to effect such payment, or accept and pay such bills of exchange, or authorizes another financial institution to negotiate, against written demand(s) for payment, provided that the terms and conditions of the letter of credit are complied with. a statement as to whether the contracting authority is inviting offers for purchase, lease or rental, with or without an option to buy. A project management certification, where applicable. For example: 7. If other potential suppliers submit statements of capabilities during the fifteen calendar day posting period, and meet the requirements set out in the ACAN, the department or agency must proceed to a full tendering process on either the governments electronic tendering service or through traditional means, in order to award the contract. 4.3.7 When applicable, contracting authorities are to implement the contract priority provisions of the James Bay and Northern Quebec Agreement (JBNQA) and the JBNQA Implementation Agreement (1990), referred to together as "the Agreement", in relation to all contracts awarded by the Crown in the Territory. 2.1 The Treasury Board has authorized any contracting authority to enter into and amend a service contract to acquire energy services, which may include energy supply, energy efficiency improvements, management services, energy management monitoring and training, if the total under the contract, including any amendments does not exceed $25 million on condition that the first energy management contract over $1 million be submitted to the Treasury Board for approval. Department Name and Customer Information System (CIS) number, and. the need is one of pressing emergency in which delay would be injurious to the public interest; the estimated expenditure does not exceed. The black kokanee breeds in March at a depth of 3040 feet, while sockeye salmon breed in the fall and have a different number of gill rakers than the kokanee. If an employee was temporarily suspended or on pregnancy or parental leave, the 26 week period is extend by the amount of the time the employee was away. the Principal does pay to the Crown the difference between the amount of the Principals tender and the amount of the Contract entered into by the Crown for the work, supplies and services which were specified in the said tender, if the latter amount be in excess of the former, Whenever the Principal shall be, and declared by the Crown to be, in default under the Contract, the Surety shall, if the work is not taken out of the Principals hands, remedy the default of the Principal, if the work is taken out of the Principals hands and the Crown directs the Surety to undertake the completion of the work, complete the work in accordance with the Contract provided that if a contract is entered into for the completion of the work, it shall be between the Surety and the completing contractor, and. 16.15.3 Exceptions. Contractors subject to the FCP are required to provide the Labour Program of Employment and Social Development Canada (ESDC-Labour) with information on the representation of women, Aboriginal peoples, persons with disabilities and members of visible minorities who are permanently employed. Such organizations must collect and maintain data on all employees, analyze the representation of each of the designated groups in all occupational groups, compare this representation with the external representation and identify under representation of designated groups. 4.3.4 Program managers and contracting officers should note that the interpretation of how specific procurements contribute to achieving the spirit and intent of the agreements while complying with the principles of fairness, openness and transparency requires a detailed understanding of the agreements and contracting requirements. Although this too does not qualify as a competitive contract, it can be applied in a manner similar to an employment competition. the contribution by Inuit in carrying out the contract, which will include, but shall not be limited to, the employment of Inuit labour, the engagement of Inuit professional services or the use of Inuit suppliers; creation of permanent head offices, administrative offices or other facilities in the Territory; and. In making call-ups against these standing offers, client contracting authorities should select specific firms based on cost-effectiveness considerations. In a multi-year contract, the proposed duration of the contract must be stated. For goods and services, it is often the practice to solicit new bids without limiting the field of competition. A contract may be awarded that involves only normal business risks. The amount, time and reason for the request, and the proposed method and time of any recovery of the advance should be provided in the remarks section. If the successor employer (contractors) hires an employee of the previous employer, the previous employer shall pay the employee any accrued vacation pay. As stated in article 4.2, modifications are not acceptable under any circumstances after bid closing. Makivik shall undertake the necessary measures to ensure that this data is maintained and updated on a continuous basis. The list of certified employers is available on the. They are born in a stream and migrate down to a lake where they will spend most of their adult lives. Transactions between the federal contracting authorities and provincial or municipal entities are not contracts pursuant to the Government Contracts Regulations or the Contracting Policy. [6] Other kokanee populations in Washington State have shown genetic distinction, but attempts by the Lake Sammamish Kokanee Work Group to get the Lake Sammamish kokanee listed as a separate species and therefore endangered failed the US Fish and Wildlife criteria to be listed as a distinct species. The services provided by temporary help firms are traditionally used against vacancies during staffing action, when a public servant is absent for a short period, or when there is a temporary work load increase for which insufficient staff is available. revocation of contracting authority or reduction of the dollar levels above which Treasury Board approval must be obtained, either for a specified project or program or for a specific period of time; establishment of special financial allotments within the funds allocated to the contracting authority which would limit spending to certain purposes or even require specific Treasury Board approval; instructions to the contracting authority to apply the sanctions in the personnel policies of the Government of Canada against individual employees who have ignored the contracting policy. only one person or firm is capable of performing the contract. Building owners or managers are required to give this information, excluding the names, addresses and telephone numbers of employees, to prospective bidders upon request. if possible, provide an estimate of the cost of the proposed contract, where this will not prejudice negotiations with the proposed contractor. As stated in the Policy requirements, use of the emergency contracting authority is to be explained in a report to the Treasury Board Secretariat within60 days of the work being authorized or initiated. Section 7 of the Government Contracts Regulations permits the contracting authority to determine the appropriate bidding methodology. 10.6.11 Federal taxes. 24.8.1 The Government of Canada and the Territorial Government, in co-operation with the DIO, shall take the necessary measures to monitor and periodically evaluate the implementation of this Article. Emergencies are normally unavoidable and require immediate action which would preclude the solicitation of formal bids. [16], The typical life cycle of the kokanee is similar to that of other salmon. The mediator should be acceptable to both the contracting department and the contractor. 3.2 An irrevocable letter of credit which is issued by a financial institution (the "Issuer") which is not a member of the Canadian Payments Association is acceptable provided it is confirmed by a financial institution (the "Confirmer") that is a member of the Canadian Payments Association and is otherwise in compliance with this policy. 16.1.5 Contracting for services has traditionally been accepted as an effective way to meet unexpected fluctuations in workload, to acquire special expertise not available in the Public Service, or to fill in for public servants during temporary absences in certain circumstances. If the contracting policy is ignored or if contracting practices or contract administration are not acceptable, the Treasury Board may direct that sanctions be imposed either on the contracting authority (the institution) or on the officials responsible. work descriptions or specifications are to be defined in terms that accommodate the use of the competitive process whenever feasible, result in best value in meeting the need and establish, in advance, what is required of the supplier to perform the contract (requests for contracting actions should avoid specifying "sole-source"); whenever practical, an equal opportunity to compete exists for all firms and individuals, providing that they have, in the judgement of the contracting authority, the technical, financial and managerial competence to discharge the contract and meet, where appropriate, criteria established by overall national policies and objectives; be in terms of performance rather than design or descriptive characteristics; and. The Department of Public Works and Government Services Act, Statutes of Canada, 1996, Chapter 16, Section 6, gives the Minister of Public Works and Government Services exclusive authority to acquire materiel or goods. 13.3.2 The mediators role is to make recommendations on the degree of liability and the amount of any damages. In such instances, detailed analysis of materials and components in terms of their function and price may be needed before the contracting process. Special dollar levels may be prescribed by the Treasury Board for specific projects or programs for unique operational needs. [16][6] As a fish that inhabits freshwater throughout their lifecycle they are often smaller than their sea-going sockeye relatives, due to less food availability. whether the cost is generally recognized as normal and necessary for the conduct of the suppliers business or the performance of the contract; the restraints and requirements of such factors as generally accepted sound business practices, arms-length bargaining, federal, provincial and local laws and regulations, and contract terms; the action that prudent business persons would take in the circumstances, considering their responsibilities to the owners of the business, their employees, customers, the various levels of government and the public at large; significant deviations from the established practices of the supplier; and. Non-competitive contract for the services of federal negotiators/representatives for claims, litigation and self-government negotiations up to $2,000,000 per contract with: amendments up to $500,000 in a 12-month period, and, Non-competitive contract for the services of Crown deponents and expert witnesses for litigation up to $800,000, Non-competitive contract for the services of Crown deponents and expert witnesses for litigation who are former federal public servants in receipt of a pension, up to $225,000, Amend contracts with federal negotiators/representatives that were entered into under the exceptional contracting limits to extend the period of the explicit indemnification provisions, Until July 31, 2021, non-competitive health care services contract to Canadian Indigenous peoples and Inuit up to $3,000,000, Competitive architectural and engineering services contract for the salmonid fish hatchery facilities up to $600,000, Non-competitive architectural and engineering services contract for the salmonid fish hatchery facilities up to $100,000. Ambiguity about whether a ceiling or a limitation of expenditure applies is a frequent cause of dispute. Accordingly, while it is recognized that lawyers may be engaged for purposes other than the performance of legal services, the Department of Justice must be consulted in every case where a contract for services is entered into with a practising member of the bar, to determine whether the contract is for legal services and thus whether the approval of the Department of Justice is required. When a bidder has submitted less than the exact financial security stipulated, the bid will be considered as non-responsive unless, as stated in article 10.8.7 above, the deviation is negligible, or the circumstances in article 10.8.10 below prevail (see also article 12.11.9). [21] The current IUCN red list standing of the kokanee is listed under the sockeye salmon (Oncohynchus nerka) is of least concern. The face amount may be changed by an amendment to the letter of credit. The Canadian International Trade Tribunal (CITT) has been designated as the bid challenge authority for Canada for all three agreements. Tax increases or decreases which are announced and put into effect after the contract is awarded may be handled by an amendment to the contract. 12.5.5 As required by the It also provides guidance on some of the content requirements. 10.7.28 Proposal competitions in which the price element is not included do not meet the definition of a valid bid. The fees suggested by professional associations may, in fact, be paid by the contracting authority only when the fee reflects the market or going rate of the individuals. transportation and communication services. On the other hand, a requirement defined in terms of performance normally results in the liability borne by the contractor alone for achieving the specified performance. 4.3.3 Program managers and contracting officials should note that many contracting obligations start at the project planning stage, which should be documented on the contract file. See Appendix E. 4.2.25 Contracting authorities may negotiate and approve employee takeover contracts up to $10 million for both competitive and non-competitive contracts. 16.11.4 The consultant or professional is responsible for controlling the work under contract to achieve the objectives within the time and budgetary constraints established. Trade-offs should be made among factors such as quality, service, cost, procurability, and socio-economic considerations linked to a particular industry or region of the country. For interpretation of this policy instrument, the responsible organizational unit should contact: TBS Public Enquiries. When more than two bidders have bid in the same approximate amounts, consideration should be given to including these firms on the new bid solicitation. Canadian utility companies are promoting demand side management programs to reduce electrical consumption. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if payment is promptly made to all Claimants who have performed labour or services or supplied material in connection with the Contract and any and all duly authorized modifications and extensions of the Contract that may hereafter be made, notice of which modifications and extensions to the Surety being hereby waived, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions: For the purpose of this bond, a Claimant is defined as one having a direct contract with the Principal or any Sub-Contractor of the Principal for labour, material or both, used or reasonably required for use in the performance of the Contract, labour and material being constituted to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment (but excluding rental of equipment where the rent pursuant to an agreement is to be applied towards the purchase price thereof) directly applicable to the Contract. Telephone (819) 997-0380; facsimile (819) 953-3017. 4.1.8 Public servants who have been delegated authority to negotiate and conclude contractual arrangements on behalf of the Crown must exercise this authority with prudence and probity so that the contracting authority (the minister) is acting and is seen to be acting within the letter and the spirit of the Government Contracts Regulations, the Treasury Board Contracts Directive and the governments procurement policies, the North American Free Trade Agreement, the World Trade Organization Agreement on Government Procurement, and the Agreement on Internal Trade. Even if a proposed directed contract (see Appendix A) for goods and services qualifies under one of these four exceptions, the contracting authority is encouraged, whenever possible, to use the electronic bidding methodology to advertise the proposed award through an Advance Contract Award Notice (ACAN). Information processing and related telecom services, Professional, administrative and management support services, Ground effect vehicles, motor vehicles, trailers and cycles, Telecommunications equipment and accessories, General-purpose automatic data processing equipment (including firmware), software, supplies and support equipment, Office machines, text processing systems and visible recording equipment, Annual Contracting Activity Report by Department/Agency, Annual Contracting Activity Report by Supply and Services Canada, Annual Contracting Activity Report by Public Works Canada, Annual Contracting Activity Report by Treasury Board Secretariat, Annual Contracting Activity Report Roll Up. Contractors must also take steps to help increase the participation of these groups at all levels and in all areas of the work force as is most appropriate for that contractor. 11.2.6 Most contracts handled by the common service agencies and departments with major contracting activities are recognized in the Treasury Board Contracts Directive by the higher levels of authority granted. 12.1.2 Contract Documentation. It is also important to note that genetic distinction between sockeye and kokanee that cohabitate varies from region to region, with some populations showing distinct divergence, but others showing very little divergence. This will allow changes to the cost elements to be reflected in the actual contract. A potential supplier may file a complaint concerning a procurement practice to the CITT if the supplier is concerned that any part of the procurement process was unfair or discriminatory under the three trade agreements. As stipulated in article 4.2, Related requirements, the government Security Policy is to be applied equally to procurement contracts as it is to internal operations. 12.12.3 Contracting authorities should obtain an opinion on liability from their legal advisers and refer to the appropriate Treasury Board directives on risk management when contracts or amendments are contemplated. 8.2.4 The work of TBACC, is undertaken by two subcommittees: 8.2.5 Specialized working groups may be established to investigate and advise in areas of special interest. 11.2.12 Ratification of contracts. There are acquisitions in which the requirements and specifications are clear, the records of likely suppliers are relatively uniform and discretionary judgement is at a minimum; price or cost is therefore the primary consideration. In such cases, an exception to the Regulations by means of an Order In Council would be required. Exceptional limits previously approved for the Minister responsible for Indigenous and Northern Affairs Canada: Exceptional limit previously approved for the Minister responsible for National Health and Welfare: Non-competitive service contract for research and technology development in water and waste pollution control in support of federal programs up to $750,000. This electronic bidding procedure can be advantageously used to fulfill the requirement of section 5 of the Government Contracts Regulations to solicit bids and is appropriate: 10.7.14 While an ACAN is always published using an approved electronic procurement information service, contracting authorities may supplement the electronic notice in order to inform the public by the traditional approaches, such as mailing lists, notification in trade publications and the public press, etc. 16.9.2 There are rare occasions where it is cost efficient and effective to enter into a contract with an employee of the Government of Canada to provide some unique service outside the scope of the employees usual duties. 10.5.1 Requirements should be defined and specifications and estimates established before bids are solicited and contracts let, so that all prospective contractors are treated equally. The latter should be avoided if at all possible and negotiation should continue until the contracting authority is sure that a satisfactory basis for contracting has been achieved. 16.5.10 Per diem rates are payable for a minimum of 6 hours work in a 24-hour period. 24.2.1 The Government of Canada and the Territorial Government shall provide reasonable support and assistance to Inuit firms in accordance with this Article to enable them to compete for government contracts. 5.3 Contractors which are able to demonstrate to the satisfaction of ESDC-Labour that its workforce has decreased to less than 100 permanent employees will be allowed to withdraw from FCP without penalty. 11.2.5 In many cases, prior approval of the program and related funding is sufficient for departments to proceed to contract. 3.3 Submissions seeking Treasury Board approval of contracts should address compliance with the FCP. 12.12.2 Because the cost of insurance is normally included in prices and failure to carry adequate insurance could jeopardize performance, contracting authorities should satisfy themselves that contractors make prudent use of insurance. Upon request, Government shall make available to a DIO all reports and other materials in its possession relevant to the analysis of the economic feasibility of business opportunities and ventures in Parks in the Nunavut Settlement Area. Contracting authorities should ensure that protests are resolved quickly and effectively so as not to delay the contracting process. 5.1.1 It is the responsibility of departments and agencies to ensure that adequate control frameworks for due diligence and effective stewardship of public funds are in place and working. Sharks are a group of elasmobranch fish characterized by a cartilaginous skeleton, five to seven gill slits on the sides of the head, and pectoral fins that are not fused to the head. 5. This method is warranted when early completion of the work or the state of the art do not permit firmer arrangements before contracting or when the phased contracting method would be impractical. 1.2 A bid support letter of credit is a letter of credit pursuant to which demand may be made if the proposed contractor refuses or fails to enter into a written contract in accordance with the terms and conditions of the bid or fails to provide the required contract security. The only other forms of security that have been approved for general use are bid and contract surety bonds and claimants payment bonds issued by acceptable bonding companies and irrevocable standby letters of credit which have been issued by a financial institution which is a member of the Canadian Payments Association. If the contractor has not met its obligations, the contracting authority must have sufficient time to prepare and present the required demand for payment under the letter of credit. As e-procurement systems are introduced to the federal procurement community, it should be noted that for those procurements subject to the trade agreements, contracting authorities must respect the provisions of the trade agreements. The policy roles, responsibilities and relationships in the provision and receipt of common services respectively by CSOs and their clients are governed by the Treasury Boards policy on common services. To demand an unduly firm price, in a situation where costs cannot be known accurately in advance, is to invite excess profit or loss to the contractor. refer to the following sections of the Contracting Policy, 16.2 Contracting for the services of individuals and Public Service Employment, and, 16.3 Employer-employee relationships in its entirety, seek legal advice from the Department of Justice, where it is not feasible for officials to determine whether a contract is a contract for services or a contract of employment (. Because it is not always possible to seek bids for every proposed contract, the following exceptions to bidding are permitted. In addition, the Treasury Board, pursuant to sub-section 7(1) of the Financial Administration Act, has directed that certain goods and services be procured through a CSO. Consequently, the competitive authority dollar levels may not be used when the contract is awarded. For more details, see Appendix R which contains the Policy on the Use of Standby Letters of Credit as an Alternative to Bid or Contract Security for Federal Government Contracts. if there are errors in the mathematical extension of unit price items, the unit prices prevail and the mathematical extension is adjusted accordingly; if there are errors in the addition of lump sum prices or unit price extensions, the bid is not rejected but the total is corrected and the correct amount reflected in the total bid price; any bidder affected by mathematical errors should be told immediately and given the corrected bid price. This exception should not be invoked simply because a proposed contractor is the only one known to management. 16.15.6 Slips are required for service contracts where a Canadian resident is working outside the country. They can have anywhere between 2940 gill rakers. When the client was a federal department or agency, the location, date, dollar value, responsible contracting authority and file reference number should be given. Following notification to suppliers not successful in demonstrating that their statement of capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Boards electronic bidding authorities. A fish scale is a small rigid plate that grows out of the skin of a fish. Inherent in procuring best value is the consideration of all relevant costs over the useful life of the acquisition, not solely the initial or basic contractual cost. Sea creatures that don't have fins and scales aren't kosher. The management firm will invoice the custodian department for energy bills and make physical and operational improvements in the buildings. The transaction number(s) in the departmental financial system (for example, the requisition number, commitment number or contract number). In complex acquisitions, a cost/benefit analysis may balance technical quality against such factors as initial and operating costs, economic life, service, maintenance and repair. 10.8.11 In the context of article 10.8.9(b) above, the cost(s) of a work, product or service is the sum of the applicable direct and indirect costs which are, or are to be, reasonably and properly incurred and/or allocated, in the performance of the work or provision of the product or service, less any applicable credits. 4.2.15 Departments must ensure that adequate management controls are in place to protect the integrity of the bidding process. Others should be from disparate program areas to ensure balance. It is the responsibility of the contracting authority to ensure that any such payment is within its amending authority for contracts as set out in Schedules 1 through 4 of Appendix C, otherwise the contracting authority is required to obtain Treasury Board approval for any such payments in excess of this amending authority. See section 16.15 for information on tax treatment of non-residents who perform services in Canada. Conservation efforts have been largely successful with 4,660 kokanee spawning in the park in 2015. To the intent and condition that if the Principal shall pay or cause to be paid the said claim(s) as the Principal may be directed by the Crown to pay, which claim(s)otherwise the Crown would have been entitled to pay by reason of Clause [insert text] of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect. Financial incentives are aimed at various consumer groups including the federal government. the management structure proposed. The kokanee salmon (Oncorhynchus nerka), also known as the kokanee trout, little redfish, silver trout, kikanning, Kennerly's salmon, Kennerly's trout, or Walla, is the non-anadromous form of the sockeye salmon (meaning that they do not migrate to the sea, instead living out their entire lives in freshwater). Customarily the federal government allows bids to be modified or withdrawn before the closing time and date provided that the notification is in written form such as registered letter, telex, or facsimile transmissions. 11.2.10 Delegation of contracting authority. Contractors should not procure insurance on risks that are the responsibility of the government unless the respective responsibilities are so commingled that they are indistinguishable. The objective of government procurement contracting is to acquire goods and services and to carry out construction in a manner that enhances access, competition and fairness and results in best value or, if appropriate, the optimal balance of overall benefits to the Crown and the Canadian people. Because it is not always possible, practical, or cost effective to seek bids for every proposed contract, Section 6 of the Government Contracts Regulations permits certain exceptions. The tender documents shall clearly identify the requirements of the procurement, the criteria that will be used in evaluating bids and the methods of weighting and evaluating the criteria. The proposal must therefore provide a brief, descriptive narrative, in laymans terms, of the authorities sought. Some animals that use this method of feeding are clams, krill, sponges, baleen whales, and many fish (including some sharks).Some birds, such as flamingos and certain species of 4.1.7 Contracting authorities may enter into contracts in response to a pressing emergency in accordance with Part III of the Treasury Board Contracts Directive on condition that details of the use of this authority are reported to the Treasury Board Secretariat within 60 days of the authorization or beginning of the work. Model forms for bid bonds, performance bonds and payment bonds have been approved by Treasury Board for use in construction contracting and are shown in Appendix S. A list of insurance companies whose bonds (regardless of purpose) are accepted by the government is contained in Appendix L, which is revised as required. All requirements for goods that are subject to the provisions of the North American Free Trade Agreement and the World Trade Organization Agreement on Government Procurement must be advertised using electronic bidding. 13.3.9 Submissions should be made to the mediator in accordance with the following provisions: 13.3.10 The mediators fees are to be agreed upon before appointment. 10.7.18 Pre-selecting bidders. unresolved disputes are brought forward quickly to a designated senior level in the department or agency for decision; and. 2.1.1 Public Works and Government Services provides an information document to contracting authorities describing the present special arrangements for administrative support categories in the National Capital Region as well as standard contracting practices for all other requirements. [23][24], Lakes in Canada have also seen a decline in native kokanee, with numbers dropping from 2,800 fish to just 88 fish in 2007 in the Kluane National Park and Reserve. This approach is warranted when the time that is likely to be saved has a value beyond the potential cost of the risk of beginning work before all of the requirements specifications or designs are completed. in the case of any other contract to which these Regulations apply, $40,000; the nature of the work to be contracted for is such that it would not be in the public interest to solicit bids; or. Normally, the use of the competitive process will result in the establishment of appropriate market rates under a contract. However, every contracting authority must submit its first case over $1 million to Treasury Board for approval, to ensure that the department has established an adequate process for handling employee takeovers, which meet government-wide standards. 1.5 When the expense of a proposal competition is not warranted, as when the contract is less than $40,000, a consultant or professional can be chosen based entirely on qualifications. [5], While size range of kokanee is often lake-specific and depends on many factors, in typical populations the kokanee grows to an average size of 2330 centimetres (912in) with an average weight of 0.45 kilograms (1lb). Architectural, engineering, research, development and consulting services typify when a contractor should be selected for the level of performance offered rather than for price alone. The fish has been introduced to different lakes around Japan for commercial fishing practices. Procedures and source lists should be designed to ensure that qualified individuals or firms are not omitted from consideration and that there is a fair opportunity for those qualified to obtain a share of the available work. The contents of this appendix contain both mandatory requirements as well as guidelines. Finally, the expected price could be weighted so that it carries the appropriate degree of importance relative to the other factors. The primary objective of contracts is to receive the deliverables contracted for, and to be able to use those deliverables for Government of Canada activities. This appendix contains mandatory instructions. As defined in Appendix A, a standing offer is an offer from a potential supplier to supply goods, services or both, on the pricing basis and under the terms and conditions stated in the standing offer. During the course of a construction contract or when it is completed, a second-tier claimant, either a sub-subcontractor or a third level supplier, may make a claim against the prime contractor. These travel and living expenses should follow the contractors established policy. Your go-to for Pharmacy, Health & Wellness and Photo products. Whether there was a Procurement Review Committee (P.R.C.) Contracting authorities have the option of acquiring temporary help through a standing offer established by Public Works and Government Services Canada, or by dealing directly, by means of a separate departmental standing offer or a contract with other suppliers. When dispute resolution is pursued through arbitration, the parties appear before an Arbitration Tribunal, which takes the place of a court and makes an "award." division of benefits between government and contractor. If necessary, departments or agencies will be informed of any deficiencies. where necessary, giving temporary help employees on-the-job tests; rejecting employees who are unable to perform as required; and. 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