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FILE NO: 3800-048-003
DATE: May 11, 1998
TO: Functional Heads, Administration/Finance of all Departments and Agencies
SUBJECT: Updating of the Treasury Board Contracting Policy
SUMMARY
THE ELECTRONIC VERSION OF THE TREASURY BOARD'S CONTRACTING POLICY HAS BEEN UPDATED; SEVERAL CONTRACTING POLICY NOTICES ARE NOW CANCELLED, SEE ANNEX A TO THIS NOTICE.
Employee Takeover Policy
1. The electronic version of the Treasury Board Contracting Policy was updated to include the Government of Canada's obligations regarding the Employee Takeover Policy as approved by Treasury Board on February 29, 1996.
The Treasury Board approved the Employee Takeover Policy and authorised the related amendment to the Treasury Board Contracts Directive. These directives and related requirements have now been incorporated into the Treasury Board Contracting Policy.
You can find the text of the Employee Takeover Policy, March 12, 1996, at this Internet address:
http://www.tbs-sct.gc.ca/Pubs_pol/opepubs/TB_B4/POLI-eng.asp
Contract Entry Authorities
2. The contract entry authorities that appear in the Treasury Board Contracting Policy have been updated to reflect those stated in Contracting Policy Notice 1997-2 for all departments, and those approved by Treasury Board (TB 825428, TB 825143/144/145 and TB 825016) for various other departments and agencies, including the Department of Fisheries and Oceans, Transport Canada, Indian and Northern Affairs Canada, Canadian International Development Agency and the Canadian Food Inspection Agency.
Contracting for Printing and Related Services
3. Changes have been made to the Treasury Board Contracting Policy, to the Government Contracts Regulations and to the Treasury Board Contracts Directive in relation to the requirements set out in Contracting Policy Notice 1997-3: Contracting for Printing and Related Services. Contracting authorities may now enter into contracts, on an optional basis and within certain parameters, for printing and related services from the new owner of Canada Communication Group, namely Canada Communication Group Inc., on a non-competitive basis. These changes are in effect until March 7, 2002.
Contracting with Former Public Servants in Receipt of a Lump Sum Payment
4. As indicated in Contracting Policy Notice 1995-8, dated July 28, 1995, Treasury Board has approved certain limits to contracting with Former Public Servants in receipt of a lump sum payment. These contracting limits have been consolidated within the Treasury Board Contracting Policy. See paragraphs 4.1.9, 4.2.20, 16.8.1, and paragraph 16.8.1.1.
Letters of Credit
5. Contracting Policy Notice 1996-5, dated September 18, 1996, set out the contracting requirements related to using letters of credit as an optional form of security in government contracting. These requirements have been incorporated into the text of the Treasury Board Contracting Policy and a new Appendix R has been added and contains the text of the policy on the use of Letters of Credit.
Contracting with Crown Corporations
6. The Treasury Board Contracting Policy was amended to remove the requirement for departments and agencies to seek Treasury Board approval to enter into and/or amend contracts with federal or provincial Crown Corporations (TB 825016, February 13, 1997). See paragraph 12.10.1. of the Treasury Board Contracting Policy.
Canadian Dollar Threshold for the World Trade Organisation - Agreement on Government Procurement and the North American Free-Trade Agreement
7. The thresholds, in Canadian dollars, for procurement subject to the World Trade Organisation - Agreement on Government Procurement (WTO-AGP) and the North American Free-Trade Agreement (NAFTA) have been revised, effective January 1, 1998, to reflect changes in the exchange rate and inflation. See paragraphs 7.1 and 7.2 of Appendix U of the Treasury Board Contracting Policy. The threshold revision was amended in Contracting Policy Notice 1997-9.
Acceptable Bonding Companies
8. Changes have been made to the list of Acceptable Bonding Companies as it appears in Appendix L of the Treasury Board Contracting Policy.
Emergency Contracting
9. Editorial changes have been made to the emergency contracting requirements set out in Appendix C of the Treasury Board Contracting Policy.
Harmonised Sales Tax
10. The Treasury Board Contracting Policy has been amended to reflect the new contracting requirements related to the Harmonised Sales Tax. These obligations were set out in Contracting Policy Notice 1997-4, dated April 1, 1997. See paragraphs 4.2.11, 12.4.1 and 16.6.1 of the policy text, paragraph 1, part III of Appendix C and paragraph 6.7 of Appendix U of the Treasury Board Contracting Policy.
11. The following Contracting Policy Notices are now cancelled: Contracting Policy Notice 1995-2 dated March 1, 1995, 1995-8 dated July 28, 1995, 1996-5 dated September 18, 1996, 1997-2 dated February 20, 1997, 1997-3 dated February 25, 1997, 1997-4 dated April 1, 1997, 1997-5 dated April 18, 1997, 1997-7 dated September 25, 1997, 1997-9 dated December 29, 1997 and 1998-2 dated March 10, 1998.
The contracting requirements contained in these notices have been incorporated into the text of the Treasury Board Contracting Policy.
CONTRACTING POLICY
12. Online access: All TBS publications are now available online via the TBS home page on GENet, the federal government internal network. To access this site, type the following in the address section of your World Wide Web browser:
http://publiservice.tbs-sct.gc.ca/
The Government Telecommunications and Informatics Services (GTIS) manages GENet. For help in accessing it, please contact your Informatics Division or your departmental library.
The same publications are also available via the TBS home page on the Internet. The address is:
You will be able to access this Contracting Policy Notice on the home page via the "Site Map" tab at the top of the home page. Once in the "Site Map", under "Policies and Publications", click on "Deputy Comptroller General". Then, click on "Financial Management and Contracting". In this page, click on "Contracting". Here, you will find a listing of links to various contracting related material, including to the list of all Contracting Policy Notices still in effect.
13. Printed copy: The "Contracting" volume of the Treasury Board Manual is no longer published in print format.
ENQUIRIES
14. For further information please contact the Contract Policy Group, Deputy Comptroller General Branch, Treasury Board Secretariat at (613) 957-3789, by fax at (613) 952-1381 or by Email at
Internet:
J. Colin Potts
Deputy Comptroller General
Treasury Board Secretariat
Attachment
Distribution/Diffusion: TB06, TB07, TB010, T004, T009, T010, T022, T023, T024, T025, T036, T038, T041, T161
All cancelled Contracting Policy Notices have been incorporated into the Treasury Board Contracting Policy, except those notices which are temporary or which contain time-dated information.
Reference and Date |
Title |
Status |
File 3800-001, February 11, 1992 |
Energy Management | Cancelled |
1993-1, January 28, 1993 | Expanded Use of Arbitration for Contract Dispute Resolution | Cancelled |
1993-2, January 29, 1993 | Revisions to the Treasury Board Manual - Contracting, Amendment 93-1 | Cancelled |
1993-3, January 29, 1993 | Service Contracts and Revenue Canada | Cancelled |
1993-4, | Cancelled | |
1993-5, June 21, 1993 | Revision to the Treasury Board Manual - Contracting Volume - Amendment 93-2 | Cancelled |
1993-6, | Ontario Legislation Amendments to Federal Contracting Authorities | Cancelled |
1993-7, September 27, 1993 |
Contracts and Other Arrangements with Companies that are Majority-owned by South-African Interest | Cancelled |
1993-8, October 6, 1993 | Reporting of Procurement Information for the NAFTA and Treasury Board | Cancelled |
1993-9, October 22, 1993 | Use of Claimant's Payment Bond in Construction Contracts | Cancelled |
1993-10, December 21, 1993 |
Additional Information Related to the Reporting of Procurement for the NAFTA and the Treasury Board | Cancelled |
1994-1, January 4, 1994 | Status of Treasury Board Contracting Policy Letters and Notices | Cancelled |
1994-2, February 28, 1994 | Acceptable Bonding Companies | Cancelled |
1994-3, April 14, 1994 | Government Procurement and the North American Free Trade Agreement | Cancelled |
1994-4, June 22, 1994 | Lobbyists - Certification Contingency Fees | Cancelled |
1994-5, July 6, 1994 | Contracting for Advertising and Public Opinion Research Services | Cancelled |
1994-6, August 29, 1994 | Reporting Format for Government Procurement for NAFTA and TBS | Cancelled |
1994-7, September 21, 1994 | Lobbyists and Contracting | Cancelled |
1994-8, October 18, 1996 | Contracting for the Services of Individuals | Cancelled |
1994-9, December 22, 1994 |
Government Procurement - Reporting for NAFTA and TBS, and Several Developing Issues | Cancelled |
1995-1, January 11, 1995 | Construction Contract Costs | Cancelled |
1995-2, March 1, 1995 | Implementation of Contracting Obligations under the Comprehensive Land Claim Agreements | Cancelled Superseded by 1997-8. |
1995-3, March 24, 1995 | Acceptable Bonding Companies | Cancelled |
1995-4, June 12, 1995 | Contracting and Conflict of Interest and Post-Employment Code for Public Office Holders | Cancelled |
1995-5, June 13, 1995 | Federal Building Initiatives - Policy Changes | Cancelled |
1995-6, June 15, 1995 | Government Procurement and the Internal Trade Agreement | Cancelled |
1995-7, June 15, 1995 | Amendments 95-1 and 95-2, Treasury Board Manual Contracting | Cancelled |
1995-8, July 28, 1995 | Contracts with Former Public Servants | Cancelled |
1995-9, August 4, 1995 | Changes to the Contracting Policy | Cancelled |
1995-10, September 6, 1996 |
Use of Dispute Resolution Clauses in Contracts | Cancelled |
1995-11, December 29, 1996 |
Government Procurement and International Trade Agreements | Cancelled |
1996-1, March 7, 1996 | Government Procurement - Reporting Relating to Trade Agreements and Treasury Board Requirements | Cancelled |
1996-2, March 27, 1996 | Aboriginal Business Procurement Policy and Incentives | Retained |
1996-3, June 7, 1996 | Implementation of Ontario Labour Legislation Amendments to Federal Contracting Authorities | Cancelled |
1996-4, August 27, 1996 | Emergency Contracting | Cancelled |
1996-5, September 18, 1996 | Letters of Credit | Cancelled |
1996-6, September 19, 1996 | Aboriginal Business Procurement Policy Performance Objectives | Retained |
1996-7, October 17, 1996 | Contracting with Former Public Servants in Receipt of a Pension | Cancelled |
1996-8, November 5, 1996 | Contracting with Former Public Servants in Receipt of a Pension (Correction) | Cancelled |
1996-9, November 7, 1996 | Amendments to the Government Contracts Regulations | Cancelled |
1996-10, December 19, 1996 | Aboriginal Business Procurement Policy | Retained |
1997-1, January,1997 | Binder on Procurement Reporting | Cancelled |
1997-1a, January 24, 1997 | Binder on Procurement Reporting | Cancelled |
1997-2, February 20, 1997 | Increased Contracting Authority | Cancelled |
1997-3, February 25, 1997 | Contracting for Printing and Related Services | Cancelled |
1997-4, April 1, 1997 | Harmonized Sales Tax (HST) | Cancelled |
1997-5, April 28, 1997 | Acceptable Bonding Companies | Cancelled |
1997-6, August 15, 1997 | Procurement Strategy for Aboriginal Businesses: Guidelines for Buyers/Government Officials | Retained |
1997-7, September 25, 1997 | Updating of the Treasury Board -Contracting Policy | Cancelled |
1997-8, December 10 , 1997 | Amendments and Additions to the Implementation of Contracting Obligations under Comprehensive Land Claims Agreements, National Park Agreements, and DND Co-operation Agreements. | Retained |
1997-9, December 29, 1997 | Change in threshold calculation for the World Trade Organization - Agreement on Government Procurement and the North American Free Trade Agreement | Cancelled |
1998-1a, January 15, 1998 | Revised Guidelines on Procurement Reporting | Retained |
1998-1, March 9 1998 | Revised Guidelines on Procurement Reporting | Retained |
1998-2, March 10, 1998 | Acceptable Bonding Companies | Cancelled |
1998-3, March 11, 1998 | Exceptional Contracting Authorities for Year 2000 Repairs Resulting from Electronic Bidding | Retained |
1998-4, April 30, 1998 | Preparation of T4-A Supplementary Slips for Contracts for Services | Retained |
1998-5, May 11, 1998 | Updating of the Treasury Board -Contracting Policy | Retained |