5.4        What are the limitation periods for applying for remedies? Find out what we collect, how we use it, and what open data and open source code you can access. 2 0 obj Joint procurement is generally permissible in Canada, subject to the principles of fairness and transparency. Procurement Guideline for Publicly Funded Organizations in Ontario (PDF) Frequently Asked Questions Bidders have recourse to a relatively efficient and accessible complaint process through the CITT, which can make a broad range of orders and binding recommendations, including requiring the cancellation or reissuance of a tender call or the award of damages to prejudiced bidders. 3.10      What are the rules on conflicts of interest? <> 1.5        How does the regime relate to supra-national regimes including the GPA, EU rules and other international agreements? If not, what are the underlying principles governing these issues? Decisions made by the CITT are subject to judicial review by the Federal Court of Appeal. Relevant legislation in other provinces includes the Procurement Services Act, 2003 in British Columbia and the Public Works Act, 2000 in Alberta. For example, in Ontario, procurement by certain public-sector entities is also governed by the Broader Public Sector Accountability Act and various directives issued by the Management Board of Cabinet. The Ontario Tenders Portal (OTP) is the online bidding portal for procurement competitions within the government of Ontario and Broader Public Sector (BPS) Entities . Specific rules may apply for the conclusion of framework agreements. For example, special rules apply to defence procurement pursuant to the federal Defence Procurement Strategy. There is no widely applicable express prohibition or specific rules in relation to alternative or variant bids in Canada. Procuring entities (and public servants) have a duty to avoid any conflict of interest that could potentially compromise the integrity of the procurement process. In Québec, the Public Contracts Act contains specific provisions respecting joint calls for tenders. In most provinces (except Québec, which is three years for monetary claims), the limitation period for claims is two years from the time the claim arises or the claimant should have known of the existence of the claim. Procurement Guideline for Publicly Funded Organizations in Ontario is a summary of best practices in the procurement of goods and services for organizations funded by the Ontario government and not designated under the Broader Public Sector Accountability Act, 2010. 25 mandatory requirements 6 BPS Procurement Directive At the provincial level, centralised procurement has been under study. CETA and CFTA both permit negotiations: (i) where indicated in the procurement documentation; or (ii) where no one bid is obviously the most advantageous. While there are no specific rules related to market engagement, early engagement is welcomed and seen as a tool to “better position all stakeholders for a successful procurement that meets the client’s needs” (Section 2.26 of the Supply Manual). social value)? For example, pursuant to Section 19.2(6)(a) of CETA, a procuring entity cannot divide its procurement in separate procurements with the intention of totally or partially excluding such procurement from the application of CETA. In Québec, the Public Contracts Act contains an additional principle: the promotion of public confidence in the public procurement process. 2.8        What obligations do purchasers owe to suppliers established outside your jurisdiction? endobj Procurement policy notifications. 3.7        What are the rules on debriefing unsuccessful bidders? Québec’s Public Framework provides for a specific procedure for tenders with unusually low prices, which may ultimately lead to the rejection of the tender. The governance framework landscape is constantly evolving at the federal and provincial levels. Transfer of a contract to another entity is usually governed by the term of the contract itself (assignment clause) and not legislated. 5.1        Does the legislation provide for remedies and if so what is the general outline of this? Goals and objectives of the Procurement Policy Procure the necessary quality and quantity of Goods and/or Services in an efficient, timely and cost effective manner, while maintaining the controls necessary for a public agency, in accordance with the Procurement The procurement of goods, services or consulting service is determined by the total value of the item, before tax. Assignments by the public contracting entity are usually permitted without conditions. However any such changes are required be disclosed to all bidders in the same manner as the procurement documentation was initially made available and sufficiently in advance to allow bidders to take such amendments into consideration in their tender, as appropriate (see Article 19.9(11) of CETA and Section 510 of CFTA). Material management. 4.1 What are the principal exclusions/exemptions? Thresholds will vary depending on the applicable governance framework, the goods/services being procured and the procuring entity. 2.2        Which types of contracts are covered? OTP is free for BPS Entities to use. At the federal level, the government introduced an Integrity Regime in 2015 with the goal of ensuring the government only does business with ethical suppliers. PPPs do not have specific procurement issues except to the extent of their complexity, which require careful planning, adequate risk transfer, and strong governance. 4.2        How does the law apply to “in-house” arrangements, including contracts awarded within a single entity, within groups and between public bodies? Yes. A common remedy is to require the procuring authority to re-tender but damages may also be awarded in circumstances where this is not an appropriate remedy. The Policy Analyst and Compliance Officer, or successor thereof, is responsible to monitor and review this Policy. For federal procurements, complainants have 10 business days to file a complaint with the CITT after the day on which the basis of the complaint became (or reasonably should have become) known to them. Generally, a contracting authority is required to award the contract in accordance with the procedure set out in its procurement documentation, to the extent such procedure complies with the applicable governance framework, and in a fair and transparent manner. Negotiations following contract award are less constrained in non-binding processes. The principle of fairness requires that a procuring entity comply with any rules set out in its procurement documents, so long as they do not conflict with its governance framework. Various federal policies are also relevant, including the Treasury Board Contracting Policy, the Standard Acquisition Clauses and Conditions Manual, the Supply Manual, the Code of Conduct for Procurement and the Ineligibility and Suspension Policy. 5.5        What measures can be taken to shorten limitation periods? Generally speaking and subject to the obligation to conduct an open, fair and transparent process, the conditions of participation in a public tender, including the rules on excluding or short- listing tenders, are set by the procuring entity. endstream Model Standards of Practice for Canadian Pharmacists; Drug and Pharmacies Regulation Act and Regulations; Accreditation Standards; College Contact: Pharmacy Practice Purpose. For instance, in Québec, if required by the Public Framework, bidders are to have a valid Qc Authorisation upon tender submission or contract award. Procurement policy notifications. In Québec, public bodies may be sued for extra-contractual liability (the equivalent of tort) under the Civil Code of Québec in the same courts as those involving private parties. The main piece of legislation is the Act respecting contracting with public bodies (the “Public Contracts Act”) and its implementing regulations and directives, which govern the procurement of public bodies broadly defined (the “Public Framework”). Canada’s Ineligibility and Suspension Policy also contains anti-avoidance rules related to successor entities (see Section 10). 1 0 obj Thresholds are based on the total procurement value (including options and, in Québec, taxes) during the term of the awarded contract. 2.3        Are there financial thresholds for determining individual contract coverage? However, because the involvement of potential bidders in the preparation of a procurement procedure may be seen to create a conflict of interest or unfair advantage in violation of a procuring entity’s governance framework, it may violate a procuring entity’s governance framework to engage potential bidders in this way. In Québec, the AMP has jurisdiction to examine and process complaints about public procurement processes and contract awards and, similarly to the CITT, can make a broad range of orders and recommendations. Procurement update for vendors interested in procurement opportunities with DeafBlind Ontario Services: Effective April 1, 2011, legislation requires compliance with the Broader Public Sector Procurement Directive (BPSPD) by any entity or organization that receives in excess of 10 million dollars in provincial funding. endobj Procurement of goods and services Goods and/or Services with an estimated value of up to but not including $10,000 will be acquired by departments at competitive prices in accordance with procedures established by the Procurement Section of the Financial Services Division. ICES is classified as a BPS organization and its Sourcing an… The Government of Ontario enacted the Accessibility for Ontarians with Disabilities Act (AODA) in 2005, which sets out a clear goal and timeframe to make Ontario accessible by 2025. See also Section 503 (1) of CFTA, Section 6 of the Supply Manual or, at the provincial level, Section 12 of Québec’s Public Contracts Act, for additional rules. 5.8        What are the leading examples of cases in which remedies measures have been obtained? 5.6 What remedies are available after contract signature? A mandatory Code of Ethics designed to support an ethical, professional and accountable supply chain 2. Both CFTA and CETA contemplate the creation and implementation of an administrative complaint/bid challenge process, which has not yet been fully implemented in all Canadian provinces. Learn more about how Western is committed to high standards when carrying out their responsibilities of procuring good and services.. 7.1        Are there special rules in relation to privatisations and what are the principal issues that arise in relation to them? 2.5        Are there special rules for concession contracts and, if so, how are such contracts defined? Practice Areas > This contractual framework applies to both the public sector and the private sector when issuing or responding to binding competitive procurement processes and has been integrated into civil law. x"�W3���h=�W=ќ‡6Vˀs����m�ʔ����n�i\u=p�U����ȕ��)Bk��B\�Ȅ�a߰�--����@�H�y%^�A?�B ���LlV��ө-�7c�Uts|��Rغ���,�P@�/�gc��Iz��P�&wG���3!��D�YS��ev2w��KV����PH�'�������'w���͕��A����k�2������ Contracting policy notices. Under CETA, the minimum timescale for the submission of tenders is 40 days from the publication of the notice of intended procurement or the invitation to tender, but in certain circumstances can be lowered to a minimum of 10 days. Policies on the management of government assets such as furniture, equipment and vehicles. 3.3        What are the rules on excluding/short-listing tenderers? The principles of fairness, openness and transparency are at the heart of the governance framework applicable to public procurement in Canada. 5.2        Can remedies be sought in other types of proceedings or applications outside the legislation? 4.1 What are the principal exclusions/exemptions? At the federal level, the Supply Manual specifies that Canada’s best interest should always be considered and that, except for administrative amendments and pre-approved options, a procurement risk assessment for amendments should be completed (see Sections 8.70.5 and 8.70.10). A permissible approach to alternative/variant bids would need to comply with the overarching principles of fairness and transparency of the procurement process. 1.3        Are there special rules in relation to procurement in specific sectors or areas? Canada is a party to numerous trade agreements including the World Trade Organization Agreement on Government Procurement, the Comprehensive Economic and Trade Agreement between Canada and the EU (“CETA”), the Canadian Free Trade Agreement (“CFTA”), the Comprehensive and Progressive Trans-Pacific Partnership (“CPTPP”) and, until it is no longer in force, the North American Free Trade Agreement (“NAFTA”). These organizations are referred to as “in-scope recipients” and must comply with the Supply Chain Guidelines. BPS organizations are defined as those that receive more than $10 million annually from the Ministry of Finance. The PSPC’s Supply Manual, Chapter 5, Section 5.30(e) provides that bidders with abnormally low bids are provided an opportunity to confirm or withdraw their bid in writing. 3.3 What are the rules on excluding/short-listing tenderers? On November 5, 2020, Ontario took another significant step towards centralizing public and broader public sector procurement activities with the new Ontario Regulation 612/20 Centralized Supply Chain Ontario.This regulation establishes a centralized agency to provide and support supply chain management for three classes of entities (collectively, "covered entities"): 1 OPS Procurement Context • Local buying within a corporate procurement … �� ��.+���C�_�v�{$��Г�$I�$�K-'���k��/n ��D��{������H�yV�$I�B62�۰�L�3��%�� �/�Ks���z���/��BO��$I�tI�H�����c[��_|; ���&�_T��=;��ͅ�v%I�$颗���7���������2 &��s�潸gk�9O�K�$I���9?����w�i, 3.8        What methods are available for joint procurements? Potential remedies include injunctions or applications for judicial review, summary judgment aimed at seeking a speedy post-tendering process resolution or post-tendering process litigation aimed at recovering damages for lost profits. Learn more about implementing accessible procurement practices at Western University as mandated by the Ontario Government.. Customs & Logistics. The regime includes an Ineligibility and Suspension Policy and integrity provisions that must form part of specified federal contracts. Examples of acceptable grounds to exclude a bidder are found in CETA (Article 19.7(4)) and CFTA (Section 507(4)). Procurement of specific types of goods or services such as health or social services may also be excluded from the application of an entity’s governance framework, including the trade agreements. CETA and CFTA contain exceptions to such coverage (see Annexes 19.4 to 19.6 and Article 19.3 of CETA and Section 504 and applicable Schedules of CFTA). Applicable thresholds in force until December 31, 2019 under key trade agreements may be found at (Hyperlink). endobj However, restrictions or rules may be included in the procurement documentation and would also be subject to common law or civil law requirements. Below such thresholds, a public entity usually has more flexibility in conducting its procurements. Canada. At both the federal and provincial levels, conflict of interest legislation will be applicable. CETA and CFTA are the components of Canada’s procurement governance framework with the widest application and broadest scope. <>>> Yes. The Treasury Board's "AI Procurement for a Digital World" sets out high-level process guidelines to "eliminate bias, be open about how AI is informing decisions, and ensure potential benefits are weighed against unintended results." Timescales vary depending on the applicable governance framework. Search 671 Procurement jobs now available in Ontario on Indeed.com, the world's largest job site. The CITT’s remedies include termination of the awarded contract or monetary compensation of the complainant. 2.6        Are there special rules for the conclusion of framework agreements? Available procedures may include invitation to tender, request for proposals, request for quotation, qualification or prequalification of suppliers, standing offers and supply arrangements. This includes … In Québec, public procurement is highly legislated and regulated and this legal framework is mostly binding on public bodies. In Québec, these principles apply to all public procurement processes and are statutory. At this time, this bid dispute process is not fully developed and remains subject to change. The BPS Procurement Directive, issued by the Management Board of Cabinet, sets out procurement rules in the purchase of goods and services, by BPS organizations in Ontario, using public funds. %PDF-1.5 On November 16, the Ontario Government announced the launching of a new agency, Supply Ontario, to centralize government procurement.. At the federal level, the Canadian International Trade Tribunal (“CITT”) is responsible for safeguarding the integrity of federal procurement, including breach of certain trade agreements. Other key areas of federal and provincial law applicable to public procurements include conflict of interest rules, access to information and privacy, official language, lobbying, anti-trust and criminal law. Over the past two decades, privatisations have become increasingly less popular in Canada. Applicable trade agreements and several statutes and regulations contain anti-avoidance rules. Relevant legislation in other provinces includes the Procurement Services Act, 2003 in British Columbia and the Public Works Act, 2000 in Alberta. Centralizing procurement across the Ontario Public Service and the broader public sector is one of the most forward-thinking ways to do that. In Québec, limitation periods are imperative and cannot be waived or shortened contractually. Memo to Vendors. 3.9        What are the rules on alternative/variant bids? 6.3 To what extent are changes permitted post-contract signature? Québec courts could order the termination of a contract for non-compliance with the Public Framework, since it is imperative. Policies on the management of government assets such as furniture, equipment and vehicles. The Supply Manual contains a section (Section 9.60) on PPPs and their procurement. 1 OPS Procurement Context • Local buying within a corporate procurement framework Certain remedies may not be available or may be limited, however, in particular as against the Crown or its agents. For instance, one form of PPP is a concession contract structure to which the governance framework and the common law or, in Québec, the Québec Framework and civil law apply. CFTA specifically contemplates the possibility of joint procurement through “buying groups”. Once implemented into federal or provincial laws, trade agreements are applicable to a public procurement process to the extent the procurement meets the criteria set out in such agreement, including in relation to the estimated procurement value, the type of procuring entity and the types of goods, services or construction being procured. 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