Treasury Board Contracts

Only insurance companies that have been authorized by a Canadian federal, provincial or territorial authority to provide financial security if they operate within the limits of the regulatory authority can provide financial security for federal Crown supply contracts. 8.4.1 Individuals and businesses in Canada are bound by economic sanctions imposed by Canada under regulations made under United Nations law. Therefore, the Canadian government cannot accept a supply of goods or services directly or indirectly from countries, organizations or individuals subject to economic sanctions. Departments can obtain a sanctions list on the Foreign Affairs, Trade and Development Canada website. Contracting authorities must ensure that all contracts entered into under the Government Procurement Regulations contain a condition prohibiting the contractor from providing the Government of Canada with goods or services that are subject to economic sanctions. If, in the course of the performance of a contract, there is an addition to the list of sanctioned countries, organizations or individuals or an addition to the list of sanctioned goods or services that constitutes an impossibility of performance for the contractor, the situation will be treated as a case of force majeure. All contracts must also include a provision requiring the Contractor to inform Canada of the existence of such a situation. Contracting authorities are advised to contact a lawyer to determine the appropriate course of action in cases of force majeure. 12.10.1 Subsection 41(2) of the Treasury Administration Act states that the Government Procurement Regulations do not apply to federal or provincial Crown corporations unless Crown corporation legislation specifically requires it to be subject to subsection 41(1) of the Act. Therefore, the Treasury Board Directive on Contracts and related policies do not apply to Crown corporations. Agreements between departments and Crown corporations cannot be contracts in the strict sense of the term (the Crown cannot enter into contracts with itself). 6.8 The CESD and the Labour Party will work with contracting authorities to ensure that contractors identified as not complying with the FCP or who have withdrawn from the FCP will not receive federal contracts for goods and services under the GTRs.

The Federal Entrepreneur Program for Employment Equity was established on 1. It was introduced in October 1986 following the enactment of the Employment Equity Act (the Act) on August 13, 1986. The law itself affected state-regulated private sector enterprises with 100 or more employees and required them to implement employment justice. The FCP is intended for non-government regulated federal contractors with a Canadian workforce of 100 or more employees who have received federal contracts for goods and services in the amount of $1,000,000 or more. 15.1.1 With the coming into force of the Federal Real Property Act and Regulations and the related amendment to the Government Procurement, Leases and Contracts for The Equipment of an Office or Residential Complex, provided that such contracts form part of a transaction under the Federal Real Property Act or its regulations, are excluded from the scope of the Government Procurement Regulations and the Government Procurement Policy. impossible. 12.9.1 While the Contracting Directive allows for changes, contracts should only be amended if such changes are in the best interests of the government, because they save money or time, or because they facilitate the achievement of the primary objective of the treaty. Working definitions should be carefully developed. Contracts must then be properly managed to avoid unforeseen changes, except to change the scope of work. Changes to existing contracts often require a heavier administrative burden, and there is little competition to encourage the contractor to perform additional work or respond to changes at the lowest possible cost.

16.2.8 Contracting authorities that circumvent the requirements of the Public Service Employment Act may be held liable under the following Acts, the Canada Pension Plan, the Canadian Human Rights Act, the Crown Accountability Act, the Government Employees Compensation Act and the Income Tax Act, signing contracts establishing employer-employee relations under the common law. the Official Languages Act and the Employment Insurance Act. Under these statutes, the Crown may be held liable under the common law for persons who have the characteristics of employees or «servants.» For example, the Minister of National Revenue may assess a department for deductions in accordance with the Employment Insurance Act. 16.7.1 As set out in Article 4.2, Related Requirements, service contracts shall reflect the Confederation`s current international relations policy. If it is not possible to meet the requirement with Canadian entrepreneurs, foreign companies or individuals may receive orders. If it is suggested that a foreign contractor perform the work in Canada, the requirements of federal immigration and health policy must be met. The contractor is responsible for meeting these requirements. Your Excellency the Governor General of the Council is pleased to approve the Government Procurement Regulations, C.R.C., c. 701 and to adopt the attached Government Procurement Regulations in their place. 12.8.12 If a contracting authority terminates the arbitration proceedings and agrees to pay a contractor without the need for an arbitral award, the money for such payment shall be deducted from a ministerial allocation. In some cases, especially when it comes to the interpretation of a contract, this is done simply by changing the amount allocated to the contract. It is the responsibility of the contracting authority to ensure that this payment falls within its amending authority for contracts referred to in Appendices 1 to 4 of Annex C, failing which the contracting authority obtains Treasury Board approval for payments that go beyond that amending authority.

11.2.9 Emergency Contracts. Contracting authorities may enter into contracts in response to an urgent emergency in accordance with Part III of the Treasury Board Contracting Directive (see Appendix C). In circumstances that are considered an emergency within the meaning of Appendix A, proposed contracts that normally require prior Treasury Board approval may be awarded and amended without Treasury Board consent up to a total value (including any amendments) of $1,000,000. The amending authority shall offer contracting authorities the possibility to immediately conclude contracts of a lower monetary value in order to deal with the emergency situation and, if necessary, to amend them as soon as the scope of the work concerned is better defined. When time permits, Treasury Board authority should be obtained whenever proposed contracting expenditures exceed the level of the approved contracting authority. 24.5.2 If an Inuit corporation has already been awarded a government contract and has successfully executed it, that Inuit entity will be included in the call for tenders for contracts of a similar nature. 4.2.11 All contracts must contain appropriate clauses to allow for the payment of interest in accordance with the Directive on the request for payment and payment on the due date, as well as the applicable goods and services tax and harmonised VAT. 10.7.30 Non-competitive contracts. Where the contracting authority awards a contract under one or more exceptions to the tendering obligation laid down in Section 6 of the Public Procurement Regulation, that decision should state the reasons on which it is based. 10.6.10 Multi-year/phased contracts. All contracts must indicate the payment rate(s) or unit price(s) for the entire period and/or quantity required, including all specified phases and option periods or quantities. Where this is not possible, as with certain multi-phase, multi-year or revolving contracts (option year), payments for each year or phase should be based on a pre-agreed interest rate or formula set out in the «Payment Terms».

In addition, measures should be provided for to ensure that the contractor performs the contract and that disputes are avoided. Appropriate increases for periods or quantities that cannot be specified at the time of signing the contract should be specified in the terms of payment using a tariff or formula that may depend on data that can only be determined by audits, collective bargaining or limited indexation clauses based on appropriate indices. 1.4 This program does not apply to contracts for the purchase or lease of real estate or construction contracts. 8.3 Where the Crown intends to bid for public contracts to be performed in the territory, the tendering procedure shall take into account the criteria for evaluating the tenders referred to in Article 6. 12.4.1 All contract documents must contain terms and conditions that reflect the requirements of the work to be produced or delivered under the contract. In addition, certain clauses apply to all contracts. .

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