Government of Ontario: Procurement Policies and Procedures Procurement Policy and IT Procurement Branch Office of the Corporate Chief Information Officer Management Board Secretariat November 25, 2003. 3 0 obj Examples of rules regarding abnormally low tenders include the following: 3.6        What are the rules on awarding the contract? endobj The applicability of the various trade agreements, legislation, regulations and policies governing public procurement to a specific public entity will vary depending on the entity in question. 5.6 What remedies are available after contract signature? Specific rules may apply for the conclusion of framework agreements. Policies on the management of government assets such as furniture, equipment and vehicles. 1.1        What is the relevant legislation and in outline what does each piece of legislation cover? 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. 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. Some provincial legislation also establishes restrictions on participation. Suppliers in these jurisdictions may challenge the procurement decisions of Canadian public entities that are contrary to the obligations set out in the relevant trade agreement using the mechanism specified in that trade agreement. In Québec, the Public Contracts Act contains specific provisions respecting joint calls for tenders. Qualification requirements and evaluation criteria will vary depending on the nature of the goods and/or services being procured and are subject to the governance framework applicable to the procuring entity. ICLG.com > In Québec, the Public Framework comprises a Regulation respecting government concession contracts applicable to departments or bodies whose budget is voted by the National … At the provincial level, various provinces have also introduced integrity and oversight regimes. The Canadian Federal Government has also published its commitment to the "Responsible use of AI". <> The authors would to thank Carrie Fleming and Alyssa Shivji for their invaluable assistance in the preparation of this chapter. 3.0 PROCUREMENT GUIDELINES ..... 5 3.1 Procurement of Goods and Services with a value of ... jurisdictions that practice reciprocal non-discrimination in Ontario. 6.1        Does the legislation govern changes to contract specifications, changes to the timetable, changes to contract conditions (including extensions) and changes to the membership of bidding consortia pre-contract award? Learn more about implementing accessible procurement practices at Western University as mandated by the Ontario Government.. Customs & Logistics. 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 Additional mitigation measures include early engagement with suppliers, having a Q&A process embedded in the procurement, engaging a fairness monitor and reserving discretion to waive minor deficiencies and clarify genuine ambiguities in proposals. 6.4        To what extent does the legislation permit the transfer of a contract to another entity post-contract signature? �$I���)��g�_�j��� 3�� �Ke�ܪ����~өs}c�?�K�$I*�z�ӿ{��m+6�7; ALK��Xٴ��䈷�%I�$`��=��_3��O ��4yӒ��W�uv����%I�$�o��D�N�?���_]\W�Hߪ �M/O�v�>l=uv8���$I��8?�5t�knXT|� ����]�r�,�-I�$I��(�w>���}WT��) �y�O����S��jI�$IS���ܞ֞�/�����D�u .HI"u��Uo�_�fϗ��* ���{�`׹Q/�K�$I�4墸�@wٳ�f���) �ʗ�T=��`K�@�[�$I�dnd,��Hϼv_���(� CI"u���+�}4�j�� 05ܼ���w�9?��K�$I����x��ss��=ӣ1 L=WͭZ���V�H�$I����s{Z{����� 0��$R7-mx���ǻ���m��~�j��6 �'����w�9�;��.I�$�o���w��{/���� @�v~���[�����%I�$�c�l��>����-�-N�_a oM+K}ky���v��"�s�$I��iq�� @�(*M~���kk� �fC��$I�w�k��?�6; |1E��[�nx��DO:�t/I�$�RE��/��޲�aZY*�� ����=���M��N�$I�Tid,�jձ�ݿ�8�J �����/��V��+��$I�4��̬k. Changes to the membership of bidding consortia pre-contract award is typically subject to the procuring entity’s consent and meeting certain conditions set out in the procurement documents. In Québec, public procurement is highly legislated and … At the provincial level, centralised procurement has been under study. Our goal is to get the best value for every public dollar that is spent, to protect what matters most. The governance framework landscape is constantly evolving at the federal and provincial levels. Generally, federal, provincial and municipal governments, departments, agencies, Crown corporations and government enterprises and other entities that are owned or controlled by the government (including school boards, universities or public utilities) are subject to a procurement governance framework and the contractual obligations derived from common law or, in Québec, from civil law. endobj 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." In Québec, however, only “non-fundamental” changes may be made. <> A complaint with the Procurement Ombudsman must be filed within 30 business days. Certain remedies may not be available or may be limited, however, in particular as against the Crown or its agents. A mandatory Code of Ethics designed to support an ethical, professional and accountable supply chain 2. ICLG - Public Procurement Laws and Regulations - %PDF-1.5 In Québec, for changes which are likely to affect the price of tenders, the Public Framework requires seven days between the change and the tender closing time, which may warrant an extension thereof. Québec courts could order the termination of a contract for non-compliance with the Public Framework, since it is imperative. Available procedures may include invitation to tender, request for proposals, request for quotation, qualification or prequalification of suppliers, standing offers and supply arrangements. Material management. At the provincial level, the time period for a court to hear and decide a case varies from months to years depending on the complexity of the case and the caseload of the court. 3.3        What are the rules on excluding/short-listing tenderers? endobj 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. 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. Over the past two decades, privatisations have become increasingly less popular in Canada. Memo to Vendors. 5.7        What is the likely timescale if an application for remedies is made? Federal and provincial courts may award monetary damages for breaches of contract or in tort under common law or in extra-contractual liability in Québec. In Québec, limitation periods are imperative and cannot be waived or shortened contractually. However, restrictions or rules may be included in the procurement documentation and would also be subject to common law or civil law requirements. At the federal and provincial levels (subject to specific exceptions and thresholds), most contracts for goods, services and construction are covered by these agreements. PPPs do not have specific procurement issues except to the extent of their complexity, which require careful planning, adequate risk transfer, and strong governance. Updates related to policies on reporting, taxes, trade agreements and more. 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. 3.4        What are the rules on evaluation of tenders? Procurement rules in Canada apply to concession contracts. Related policies, procedures & documents. Thresholds will vary depending on the applicable governance framework, the goods/services being procured and the procuring entity. A public body’s decisions may also in certain circumstances be subject to judicial review. In certain contracts, transfers may even be prohibited. Log in 2.6        Are there special rules for the conclusion of framework agreements? At the provincial level, each province has various laws, regulations and policies governing public procurement of various governmental and quasi-governmental entities. CETA and CFTA both permit negotiations: (i) where indicated in the procurement documentation; or (ii) where no one bid is obviously the most advantageous. Different sets of rules apply at the federal, provincial, territorial and municipal levels of government. Signing Authority Registry and Approval Procedures. In Québec, the Public Framework comprises a Regulation respecting government concession contracts applicable to departments or bodies whose budget is voted by the National Assembly. Yes, special rules apply to specific sectors as determined by the applicable governance framework. Public Procurement > A permissible approach to alternative/variant bids would need to comply with the overarching principles of fairness and transparency of the procurement process. Memo to Vendors. The Supply Chain Regulation establishes Supply Ontario, a centralized procurement agency that will provide and support Supply Chain Management on behalf of government, broader … Relevant legislation in other provinces includes the Procurement Services Act, 2003 in British Columbia and the Public Works Act, 2000 in Alberta. Updates related to policies on reporting, taxes, trade agreements and more. 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). For further information on the Integrity Regime, see (Hyperlink). 5 0 obj As a signatory to trade agreements and subject to the terms thereof, Canada has committed to opening its public procurement processes by covered public entities to suppliers established in signatory countries or jurisdictions. 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”). In addition, as part of the governance framework, trade agreements may impose obligations (see, for example, Article 19.4(4)(b) of CETA). The policy sets out the principles and standards which define and guide procurement practices at the university, affirms its application to all acquisitions, contracts and agreements involving the university operating, capital, ancillary, research and all other funds held in trust or at its disposal, and advances the collective responsibility of all members of the university to manage these resources with honesty, care … This new supply chain agency is a result of Ontario Onwards: Ontario’s COVID-19 Action Plan for a People-Focused Government, which includes more than 30 projects that aim to change the way people and businesses interact with government. 1.3        Are there special rules in relation to procurement in specific sectors or areas? The Policy Analyst and Compliance Officer, or successor thereof, is responsible to monitor and review this Policy. To clarify the obligations of the designated manager (DM) with respect to the development of policies and standard operating procedures related to the procurement and management of drugs and medications in the … 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. While the common law recognises a role for negotiation in procurement, including post-award, in a binding process, negotiation would generally be limited to non-fundamental elements of the contract; i.e. Government of Ontario: Procurement Policies and Procedures Procurement Policy and IT Procurement Branch Office of the Corporate Chief Information Officer Management Board Secretariat November 25, 2003. Blake, Cassels & Graydon LLP, Marianne Smith In common law provinces, limitation periods may be shortened through clear unequivocal contractual provisions (subject to restrictions in applicable legislation) but this is rare in the procurement context and subject to the obligation of fairness. 5.5        What measures can be taken to shorten limitation periods? Hamilton's Procurement Policy By-law 20-205 (PDF, 452 KB) outlines the procurement policy of the City of Hamilton. In Canada, competitive procurement processes, including tenders, may evaluate factors in addition to price, provided the procurement documentation sets out the applicable evaluation criteria and the relative importance of each criterion. Certain goods or services may also be excluded; for example, where national security interests are applicable. Common circumstances which permit non-competitive procurement include situations of extreme urgency, where a good or service can only be supplied by a particular supplier and no reasonable alternative exists or the absence of participation of suppliers (see Article 19.12 of CETA and Article 513 of CFTA and its Schedules). 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. Thresholds are based on the total procurement value (including options and, in Québec, taxes) during the term of the awarded contract. 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. endobj stream 4.2        How does the law apply to “in-house” arrangements, including contracts awarded within a single entity, within groups and between public bodies? 3.0 PROCUREMENT GUIDELINES ..... 5 3.1 Procurement of Goods and Services with a value of ... jurisdictions that practice reciprocal non-discrimination in Ontario. Financial thresholds determine the obligations of the procuring entity. For example, CFTA and CETA provide single/sole sourcing exceptions (referred to as limited tendering) as well as non-application provisions that exempt certain procurement processes from the application of the procurement rules. Relevant legislation This section intentionally left blank. The procurement of goods, services or consulting service is determined by the total value of the item, before tax. 5.3        Before which body or bodies can remedies be sought? Outside of the jurisdiction of the CITT, at both the federal and provincial level, bidders can seek recourse through the courts. On November 16, the Ontario Government announced the launching of a new agency, Supply Ontario, to centralize government procurement.. 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. How to Do Business with the Ontario Government. Policies on the management of government assets such as furniture, equipment and vehicles. For provincial procurements, the timeframe will vary between provinces. 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. Carrie Fleming’s practice focuses on infrastructure projects, public-private partnerships (P3s), and energy and defence projects. 5.6 What remedies are available after contract signature? ICLG.com > CFTA and CETA both provide that unsuccessful bidders may request a debriefing following the conclusion of the procurement. We are committed to procuring goods and services through processes that are fair, open, transparent, geographically neutral and accessible to qualified vendors. covers common issues in public procurement laws and regulations – including application of the law to entities and contracts, award procedures, exclusions and exemptions – in 27 jurisdictions. 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. In Québec, these principles apply to all public procurement processes and are statutory. Find out what we collect, how we use it, and what open data and open source code you can access. For bidders, there is generally an obligation to declare actual or potential conflicts of interest and comply with conflict of interest provisions which are typically included in procurement documentation. This includes … The Supply Chain Regulation establishes Supply Ontario, a centralized procurement agency that will provide and support Supply Chain Management on behalf of … Joint procurement is generally permissible in Canada, subject to the principles of fairness and transparency. Trade agreements such as CETA also encourage procuring entities to publish future procurement plans through notices of planned procurement (Article 19.6(5 and 6)). At both the federal and provincial levels, conflict of interest legislation will be applicable. In Québec, these principles apply to all public procurement processes and are statutory. Generally speaking, the procurement rules set out in many of the trade agreements to which Canada is a party apply to all government and quasi-governmental entities at the federal and provincial level, and may extend to Crown corporations, school boards, publicly funded academic, health and social service entities, public utilities and municipalities. 3.1        What types of award procedures are available? 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. Search 671 Procurement jobs now available in Ontario on Indeed.com, the world's largest job site. Blake, Cassels & Graydon LLP, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The quality of the advice and the manner in which it is presented is excellent--I've already referred to it for M&A in several jurisdictions to give me an overview before I hired local counsel. Infrastructure Ontario procures all goods and services in accordance with a procurement policy that is approved by our Board of Directors and subject to the Management Board of Cabinet’s Procurement Directive. Accessibility Procurement. 6.3        To what extent are changes permitted post-contract signature? 3.2        What are the minimum timescales? To achieve maximum value for expenditures, all purchases valued at $5,000 or more must be made using a competitive quotation process. 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. The Thunder Bay Chamber of Commerce is speaking out against the Ontario government's move to centralize procurement in the province, warning local businesses stand to … There are also special rules that apply in some provinces and at the federal level to public-private partnership (“PPP”) procurements or to certain areas such as the Nunavut Settlement Area. Privatisation, understood as the transfer of ownership of an entity from public to private, is governed by legislation/regulation federally and provincially. Material management. Evaluating references and maintaining discretion to exclude a bidder for material performance deficiencies in prior contracts are others. For instance, in Québec, if required by the Public Framework, bidders are to have a valid Qc Authorisation upon tender submission or contract award. Canada. Canada Model Standards of Practice for Canadian Pharmacists; Drug and Pharmacies Regulation Act and Regulations; Accreditation Standards; College Contact: Pharmacy Practice Purpose. 8.1        Are there any proposals to change the law and if so what is the timescale for these and what is their likely impact? 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, further statutory rules apply. The Thunder Bay Chamber of Commerce is speaking out against the Ontario government's move to centralize procurement in the province, warning local businesses stand to lose a … 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). 5.8        What are the leading examples of cases in which remedies measures have been obtained? 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. At common law, procurement law relies on contract law, that is binding competitive procurement processes create two contracts: (i) the bidding contract, which sets out the “rules” that apply to the competitive procurement process (“Contract A”); and (ii) the substantive contract entered into between the procuring authority and successful bidders (“Contract B”). The Supply Manual contains a section (Section 9.60) on PPPs and their procurement. Contracting policy notices. 7.2        Are there special rules in relation to PPPs and what are the principal issues that arise in relation to them? OTP is free for BPS Entities to use. Centralizing procurement across the Ontario Public Service and the broader public sector is one of the most forward-thinking ways to do that. CFTA does not specify timescales but requires that the nature and complexity of the procurement be considered when setting deadlines. 4 0 obj Decisions made by the CITT are subject to judicial review by the Federal Court of Appeal. Below such thresholds, a public entity usually has more flexibility in conducting its procurements. 5.2        Can remedies be sought in other types of proceedings or applications outside the legislation? 2.8        What obligations do purchasers owe to suppliers established outside your jurisdiction? <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Value for money, geographic non-discrimination, consistent treatment of bidders, accountability and confidentiality are also central to public procurement. Relevant legislation in other provinces includes the Procurement Services Act, 2003 in British Columbia and the Public Works Act, 2000 in Alberta. 7.1        Are there special rules in relation to privatisations and what are the principal issues that arise in relation to them? 2.7        Are there special rules on the division of contracts into lots? 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. Procurement Guideline for Publicly Funded Organizations in Ontario (PDF) Frequently Asked Questions Legal Review of Contracts Policy 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. Register with us FREE, Robert Roeder, Group General Counsel - Impress, and unlock access to three FREE PDF downloads per month. 8.2        Have there been any regulatory developments which are expected to impact on the law and if so what is the timescale for these and what is their likely impact? The Ontario Ministry of Finance has issued Supply Chain Guidelines that apply to Broader Public Sector (BPS) organizations in the ministries of Health and Long-Term Care; Education; and Training, Colleges and Universities. 3.3 What are the rules on excluding/short-listing tenderers? In Québec, these principles apply to all public procurement processes and are statutory. 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