Contracting Policy Notice 2011-4 - Amendments to the Government Contracts Regulations
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October 31, 2011
To: Functional Heads, Finance and Administration of all Departments and Agencies
From: Executive Director, Investment Planning, Project Management and Procurement Policy Directorate
Subject: Amendments to the Government Contracts Regulations
Contracting Policy Notice 2011-4
As set out in the Contracting Policy Notice 2011-3, the Governor in Council approved the Regulations Amending the Government Contracts Regulations. One of the amendments changed the definition of a contracting authority to include the heads of the organizations listed in the Schedule to the Government Contracts Regulations. This amendment triggered coordinating amendments to the Contracting Policy and the Common Services Policy that were previously approved by the Treasury Board. The coordinating amendments exempt the heads of the organizations listed on the Schedule from the requirement to seek Treasury Board approval to enter into or amend certain contracts. These amendments were made to retain the independence of the Agents of Parliament from the operations of the government.
This policy notice sets out these amendments to the Contracting Policy and the Common Services Policy as follows (with markups added):
1. Contracting Policy:
Section 3. Application
This policy applies to all departments and agencies, including departmental corporations and branches designated as departments for purposes of the Financial Administration Act, except those included within the meaning of paragraph (c) of the definition of “department” found in section 2 of that Act. …
3.1 Contracting authorities
Contracting authorities listed in the Schedule to the Government Contracts Regulations and Commissions created pursuant to the Inquiries Act are exempted from the requirements in this policy for approval by the Treasury Board.
The Minister of Public Works and Government Services Canada is exempted from the requirements in this policy for approval by the Treasury Board to enter into or amend a contract for a contracting authority listed in the Schedule to the Government Contracts Regulations or for the use of an organization that is not subject to Appendix C of this policy.
2. Appendix C - Treasury Board Contracts Directive, June 26, 1987, as amended:
Revised April 1, 2005. The contents of this appendix are mandatory since they are prescriptions of the Treasury Board.
This Appendix applies to contracting authorities as defined in Government Contracts Regulations with the exception of contracting authorities in the Schedule to the Regulations and Commissions created pursuant to the Inquiries Act.
3. Appendix C, Schedule 3:
|Contracting Authority For||Electronic Bidding||Competitive||Non-Competitive|
|Item||Col I||Col II
|1.||All Programs not specifically named herein||2,000||1,000||400||200||100||50|
|2.||The Office of the Commission of Official Languages||2,000||1,000||400||200||100||100|
|3.2.||Public Works and Government Services Canada||20,000||10,000||10,000||5,000||3,000||1,500|
|5.4.||Fisheries and Oceans||4,000||2,000||400||200||100||50|
4. Common Services Policy:
Appendix E - Mandatory Services
6.5 Acquisitions service+
The supply process is managed under the acquisitions service. Activities involve market research; product planning; and soliciting, evaluating, selecting, negotiating, issuing, and administering contracts, other supply arrangements, and services in support of acquisitions, e.g. systems support, statistics, and administrative support. The service involves acquiring a wide range of commodities from commercial, off-the-shelf goods to sophisticated engineering products and services.
Where PWGSC has put them in place, departments are required to use instruments (standing offers, supply arrangements or other pre-negotiated multi-departmental instruments issued by PWGSC) for commodities (including Temporary Help) listed in the Treasury Board Contracting Policy, Appendix C, Part 1, Basic Contracting Limits, Schedule 4. This requirement does not apply to contracting authorities listed in the Schedule to the Government Contracts Regulations and to Commissions established pursuant to the Inquiries Act.
All TBS publications are available online via the TBS web site at: http://www.tbs-sct.gc.ca/
For further information please contact Glenn Richardson at the Treasury Board Secretariat at (613) 941-7179 or by fax at (613) 957-2405.
Investment Planning, Project Management and Procurement Policy Directorate
- The Auditor General of Canada
- The Chief Electoral Officer of Canada
- The Commissioner of Lobbying
- The Commissioner of Official Languages
- The Commissioner of the Communications Security Establishment
- The Director of Public Prosecutions
- The Information Commissioner of Canada
- The Privacy Commissioner of Canada
- The Public Sector Integrity Commissioner of Canada
- Deputy Minister, Public Works and Government Services Canada
- Date modified: