Information on the following items is to be excluded from the report: All contracting authorities are to report to the Treasury Board Secretariat on contracting activities, within two months subsequent to the end of the fiscal year. Sea creatures that don't have fins and scales aren't kosher. Any such claimant shall be entitled to pursue a claim and to recover judgment hereunder subject to the terms and notification provisions of the Bond. and. 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 of the Government Contracts Regulations or for the use of an organization that is not subject to Appendix C of this policy. 1.8 Selection of a short list. in the case of fixed-term contracts, where their term is 12 months or less, the total contract value for their duration, or, where their term exceeds 12 months, their total value including the estimated residual value; and. Section 8 of the Government Contracts Regulations permits advance payments. could also be used. The contents of this appendix contain both mandatory requirements as well as guidelines. Following the notification of suppliers not successful in demonstrating that their statement of capabilities meets the requirements set out in the ACAN, the contract may then be awarded using the Treasury Boards electronic bidding authorities. The Financial Administration Act envisages prescribed ceilings (see sub-section 41(1)) to provide a central mechanism that ensures that appropriated money is spent effectively. an enumeration of any lists maintained, including their headings, in relation to the goods or services or categories of goods or services to be procured through the lists; the conditions to be fulfilled by suppliers in view of their inscription on the lists and the methods according to which each of those conditions will be verified by the contracting authority concerned; and. For that reason, clauses authorizing the payment of interest are included in government contracts. Part I of the Schedule, which lists those positions for which the Treasury Board is employer, represents the vast majority of Public Service employees. 10.7.20 Pre-qualification of bidders. Tax increases or decreases which are announced and put into effect after the contract is awarded may be handled by an amendment to the contract. The most desirable technical quality or suitability is not necessarily the most desirable procurement because it may not be the most economical. call-ups by departments against standing offers established by SSC (except for departmental call-ups for temporary help services, which are to be reported to the Treasury Board Secretariat by DSS). the name associated with one of the CRA identifier (see (c) below), as well as the business address and postal code. However, population longevity can vary between 27 years. 24.9.3 The Government of Canada, the Territorial Government and the DIO shall conduct a review of the effect of this Article within 20 years of its implementation. A consultant or professional, by virtue of the kind of service provided, may be in a position to exercise a bias toward a third party that could put the latter in a favoured position for future business with the Crown. Where market prices for a work, product or service similar to those being solicited are readily available, the bid price may be compared with recent prices paid, prices in current price lists or catalogues, or recent prices paid by other organizations (such as government or large private sector corporations). If the bid exceeds $250,000, the foregoing amounts are requested plus 5 per cent of the amount in excess of $250,000. If identical low valid bids or proposals are received, the contract should be awarded on the basis of best value. Federal contracting authorities are required to observe the intent and follow the provisions of the Ontario legislation concerning the protection of jobs and the level of benefits of workers who work primarily at one specific site to provide building cleaning, food and security services. The negotiations should not become an auction of the contract, as firms progressively improve their proposals in the light of information about the position of other firms. Contracting authorities are advised to consult with legal counsel to determine the appropriate course of action in the event of a force majeure situation. This part addresses more detailed aspects of the CSO-client relationship. 11.2.4 The Treasury Board Contracts Directive distinguishes between competitive and non-competitive contracts for determining the contract approval levels delegated to contracting authorities. IN TESTIMONY WHEREOF, the Principal has hereto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority, the day and year first above written. 5.1.1 It is the responsibility of departments and agencies to ensure that adequate control frameworks for due diligence and effective stewardship of public funds are in place and working. As such, the Minister of Justice has committed to working with client departments to introduce Dispute Resolution (DR) clauses into the various contracts to which the Government is a party. If judgmental comments are provided, they should be supported by complete and factual detail. Any agreement should provide for reimbursement of travel expenses in accordance with the the former incumbents of any other positions designated by Treasury Board. Remuneration for consulting and professional services depends on the type of service provided, its complexity and the conditions under which it is performed. In developing a short list of consultants or professionals, the available information should be assessed against the following factors: 1.9 A reasonable number of possible contractors should then be selected for a short list using the available data outlined above. 4.2.19 When contracting for temporary help services (administrative support and other categories) contracting authorities should give consideration to obtaining these services directly from companies with which the Department of Public Works and Government Services has entered into temporary help standing offers. 6.6 ESDC-Labour requires certified employers to indicate the number of employees on the Agreement to Implement Employment Equity. The largest documented kokanee, caught by hand in Lower Arrow Lake in British Columbia in 2015, weighed 5.5 kilograms (12.1lb). A flatfish is a member of the ray-finned demersal fish order Pleuronectiformes, also called the Heterosomata, sometimes classified as a suborder of Perciformes.In many species, both eyes lie on one side of the head, one or the other migrating through or around the head during development. It should be: 16.1.3 The statement of work should identify the specific stages of the work, their sequence, their relationship to the overall work in general and to each other in particular. If the DIO and the Government of Canada or the Territorial Government, as the case may be, agree after the review that the objectives of this Article have been met, the obligations under this Article of the Government of Canada or the Territorial Government, as the case may be, shall cease within one year of the completion of the review. on request by any Party of the AIT, provide that Party with the tenders notice and the list of suppliers that will be invited to bid on a specific tender. As few as 150 fish spawned in 20072008 marking a critical need for conservation of the state's kokanee population. As a result, the kokanee was believed to have gone extinct in the 1940s. 1.1 Departments and agencies are to submit an annual report on the total number and dollar amounts of construction and service contracts (as defined in the Government Contracts Regulations), including amendments awarded within a departments own departmental authorities. The procurement method chosen should be indicated, with supporting justification, when contract approval is sought, whether within a department or agency or from the Treasury Board. This approach is warranted when the time that is likely to be saved has a value beyond the potential cost of the risk of beginning work before all of the requirements specifications or designs are completed. For the convenience of the federal procurement community, Treasury Board of Canada Secretariat provides the following administrative compilation of acceptable bonding companies, based on information collected from federal, provincial and territorial sources. As part of this commitment, the Government of Canada has made specific provisions for social and economic development objectives to be pursued through procurement. It is not Canada Customs and Revenue Agencys intent to inconvenience non-residents who may not be taxable in Canada. 16.5.11 As discussed in article 10.6.10, a multi-year or time-phased contract should clearly indicate in the "Terms of Payment" the cost for each phase. If it is foreseen, indicate that a further phase may be required. , the Canadian International Trade Tribunal Procurement Inquiry Regulations apply. "employee" means a person with whom the Contractor has an employer/employee relationship; "person" includes an individual or group of individuals, a corporation, a partnership, an organization an association and, without restricting the generality of the foregoing, includes any individual who is required to file a return with the registrar pursuant to section 5 of the. [14], The Japanese kokanee varies from its sea-going sockeye relative in a few ways. Report all captures of Atlantic salmon to: 1-800-811-6010 (toll-free). Information pertaining to any situation in the contracting process which is not, or may not be, in accordance with the. Fins are distinctive anatomical features composed of bony spines or rays protruding from the body of a fish.They are covered with skin and joined together either in a webbed fashion, as seen in most bony fish, or similar to a flipper, as seen in sharks.Apart from the tail or caudal fin, fish fins have no direct connection with the spine and are supported only by muscles. The following are sample clauses for goods and services contracts: The Contractor certifies that it has not directly or indirectly paid or agreed to pay and covenants that it will not directly or indirectly pay a contingency fee for the solicitation, negotiation or obtaining of this Contract to any person other than an employee acting in the normal course of the employees duties. The invitation to participate shall take the form of a Notice of Proposed Procurement (NPP) that shall contain the following information: 10.7.37 For procurement subject to NAFTA and WTO-AGP, in the case of selective tendering procedures, a contracting authority that maintains a permanent list of qualified suppliers shall publish annually, in the appropriate publication, a notice containing the following information: 10.7.38 For procurements subject to NAFTA and WTO-AGP, after the publication of an invitation to participate, but before the time set for the opening or receipt of tenders as specified in the notices or the tender documentation, a contracting authority finds that it has become necessary to amend or reissue the notice or tender documentation, the contracting authority shall ensure that the amended or reissued notice or tender documentation is given the same circulation as the original. 10.7.18 Pre-selecting bidders. [16], The typical life cycle of the kokanee is similar to that of other salmon. Includes services with a railway, telegraph, telephone, or power company for permission to attach wires to poles belonging to the company. Published January 2002. Contracting authorities should consider, but not necessarily be limited to, the following measures: 6.1 Whenever practicable and consistent with sound procurement management, all of the following criteria, or as many as may be appropriate with respect to any particular government contract, shall be included in the bid evaluation criteria established by the contracting authority for the awarding of government contracts in the Territory: 7.1 Wherever practicable and consistent with sound procurement management, contracting authorities will first solicit bids from within the Territory. 12.5.1 The Criminal Code of Canada, Section 748, Sub-Section 3 prohibits anyone who has been convicted of an offence under: from holding public office, contracting with the government or receiving a benefit from a government contract, unless the Governor in Council has restored (in whole or in part) these capabilities to the individual or the individual has received a pardon. Legal advice should be obtained as to whether the extra costs may be considered as an amendment to the contract. Contracting authorities should follow up affirmative responses to ascertain whether earlier studies will satisfy all or part of the current need. Normally, the lowest-priced service should be chosen. "invite" means to call publicly for bids; "representative level of employment" means a level of employment in the Nunavut Settlement Area that reflects the ratio of Inuit to the total population of the Nunavut Settlement Area; "solicit" means to request bids from a limited number of businesses based on some form of pre qualification; "Territorial Government" means all territorial government departments and all public agencies defined by the Financial Administration Act, S.N.W.T. A short narrative description of the goods or services to be delivered. 12.12.3 Contracting authorities should obtain an opinion on liability from their legal advisers and refer to the appropriate Treasury Board directives on risk management when contracts or amendments are contemplated. Goods agreement to supply edible agricultural products as part of a foreign aid program up to $10,000,000 under the following conditions: bids are reasonable under prevailing market conditions, the lowest valid bid is accepted or when necessary to obtain the tonnage demanded, successive lowest valid bids are accepted; or, when bids include Freight Aboard Ship (FAS) multiple ports, the lowest valid bid or, when necessary to obtain the tonnage demanded, successive lowest valid bids that result in the lowest total cost to the recipient country are accepted. The governments model bid bond form contains provisions obligating bonding companies to compensate the Crown for higher costs caused by withdrawals after acceptance. bids must be solicited from potential contractors before any contract is entered into unless one or more of the exceptions in Section 6 of the Regulations are applicable; advance payments must be approved by the Treasury Board where the Boards authority is required for entry into the contract; provisions of the regulations on bid or contract security must be followed when the contracting authority believes they are appropriate. In the absence of an appropriate standard, it may be economical to use trade names or equivalents in defining requirements for minor or infrequent procurements. This includes but is not limited to hard copy documents, facsimile copies or other electronic means. Treasury Board Secretariat works with departments and agencies to address management issues and compliance with Contracting Policies identified through its ongoing relationships with departments, management reviews, evaluations, internal audits and transactions. when goods and services not in common commercial supply are involved and special government specifications apply; when the cost of bidding is so significant that it would be unfair to present firms of unknown capability with the risk of disqualification after they have incurred the expense of bidding; or. This also covers those activities or events that can alter or disrupt the performance of a contract e.g., default of a contractor, disputes and contract amendments. These statistics are collected from the contract coding information provided by contracting officers on each procurement. 9.1.2 The clear identification of the requirements associated with the decision to contract is of primary importance. A notice of a call for tenders shall contain at least the following information: 10.7.42 In evaluating tenders, subject to AIT, contracting authorities may take into account not only the submitted price but also quality, quantity, delivery, service, the capacity of the supplier to meet the requirements of the procurement and any other criteria directly related to the procurement. The Department of Public Works and Government Services Act, Statutes of Canada, 1996, Chapter 16, Section 6, gives the Minister of Public Works and Government Services exclusive authority to acquire materiel or goods. a position has been created by a Minister or deputy head, the position has been classified by the Treasury Board, and. 12.4.1 All contract documents should contain conditions and clauses that reflect the requirements of the work to be produced or supplied under the contract. Quality and the desired performance level should be related to intended use. 13.1.2 Bidding. in the case of an ACAN, no valid statement of capabilities is submitted to the proposed award were received within the fifteen calendar day posting period. 11.2.12 Ratification of contracts. 16.11.9 The consultant or professional should receive a performance critique and be allowed to respond for the record. 10.4.2 Best value may be promoted if performance specifications are stressed; this avoids over-defining the requirement from a technical point of view. Trade-offs should be made among factors such as quality, service, cost, procurability, and socio-economic considerations linked to a particular industry or region of the country. 10.6.6 When negotiating with more than one firm, care should be taken that all are treated fairly and impartially. 10.6.17 In determining the value of a contract under the North American Free Trade Agreement, the World Trade Organization Agreement on Government Procurement and the Agreement on Internal Trade, the valuation shall take into account all forms of remuneration, including premiums, fees, commissions, taxes and interest receivable. 12.7.4 Claims by Sub-subcontractors. You can get rid of everything after the cooking is done and this way youll preserve many precious flavors. The Treasury Board Secretariat will carry out continuing reviews of submissions to determine the adequacy of these instructions and the level of compliance. Information on the following items is to be excluded from the report: 2.1 In addition to reporting as per government departments and agencies, the Department of Public Works (PWC) is to report on all contracts awarded on behalf of each of its clients or in support of PWC programs. 10.7.8 Electronic Bidding. Consequently, the competitive authority dollar levels may not be used when the contract is awarded. Competence includes, for example, such factors as managerial structure, key personnel, prior industrial experience, facilities and financial strength. Published May 31, 1993. Expenses, on the other hand, are authorized direct out-of-pocket costs incurred by the contractor in providing the required services. [19], Identification, life cycle, and development. Females also don a dark red hue during the breeding season, which also corresponds with the breeding season of sockeye salmon. The use of the bond in construction contracts provides a remedy to contractors whose cash flow would otherwise suffer as a result of claims against them. 10.6.9 If the price of normally stable commodities and services begin to fluctuate, the contracting authority should try to reduce the risk while minimizing the erosion of fixed prices by: 10.6.10 Multi year/phase contracts. All accounts and records pertaining to payments of fees or other compensation for the solicitation, obtaining or negotiating of the Contract shall be subject to the Accounts and Audit provisions of the Contract. Other types of bid security should provide the same protection. 2.2.3 The contractual arrangements of certain Public Works and Government Services standing offers provide alternative sources of supply with a range of different rates for similar services. Predation by lake trout accounted for 83 percent of the 88 percent decline in kokanee populations in Lake Chelan, Washington. ", publication number RC4110, Communications Policy of the Government of Canada, Federal Contractors Program GCpedia page, Office of the Superintendent of Financial Institutions, Justice and Attorney General - Insurance Branch, Financial Services Commission of Ontario, Consumer, Labour and Financial Services, Saskatchewan Financial Services Commission, Applies to call-ups against a standing offer established by Public Services and Procurement Canada. procuring goods intended for resale to the public; procuring goods and services or construction purchased on behalf of an entity not covered by the AIT; procuring from philanthropic institutions, prison labour or persons with disabilities; procuring contracts between the federal and provincial governments; procuring goods services or construction purchased for representational purposes outside the territory of a Party of the AIT; procuring any goods the interprovincial movement of which is restricted by laws consistent with the AIT; procuring subscriptions to newspapers or other periodicals. The Japanese kokanee, also known as the kunimasu salmon or black kokanee, is considered a subspecies of the sockeye salmon by some, or even a separate species Oncorhynchus kawamurae, and occurs naturally in Lakes Akan and Chimikeppu on Hokkaido Island. For the inclusion in submissions of foreseeable amendments to contracts, see article 12.9.3. 10.5.14 Standing offers are generally established by common service agencies for goods and services widely used by other government departments and agencies. The type, magnitude and complexity of the work will determine the degree of detail required. Notwithstanding the contracting limits provided in Part I and Part II of this Directive, any contracting authority may enter into and amend a contract up to a total value of $1,000,000 (including amendments and all applicable taxes including GST or HST) in response to a pressing emergency on condition that a report be sent to the Treasury Board Secretariat within 60 calendar days of the authorization or beginning of the work. Many agreements include provisions dealing with economic and social development benefits affecting contracting in land claim areas. If the contract is secured by surety bonds, the contract itself should not be terminated because this would also terminate the existing contractual relationship with the bonding company. These are: 10.2.2 In exception (a), a pressing emergency is a situation where delay in taking action would be injurious to the public interest. [19], Competition with introduced lake trout can lead to a decline in kokanee populations during the summer. The contract may be awarded upon negotiation of acceptable terms and conditions. In practice, fish anatomy and fish physiology complement each other, the former dealing with the structure of a fish, its organs or component parts and how they are put together, such as The IUCN Red List of Threatened Species 2011: e.T135301A4071001. Once a supplier is awarded a contract of $1,000,000 or more (including all applicable taxes), the organization is then required to honour its agreement to implement employment equity as an on-going obligation, and not simply during the life of the contract. The factors below should be used, subject to directives on national policies and objectives that may be issued from time to time. Each minister customarily delegates contracting authority to various levels within the department or agency. 2.3.2 Public Works and Government Services are to ensure that suppliers do not accept call-ups against standing offers by persons who are not specifically authorized. there is an established government contracting-out policy, or it is demonstrably more cost-effective to have the work done by the private sector; the requirement can be defined in advance well enough that it will not depend on a series of ad hoc assignments over the course of the contract; and. 6.3 ESDC-Labour maintains an inventory ofcontractors - the FCP Limited Eligibility to Bid list (accessible only on the Government of Canada network) which are not entitled to receive federal goods and servicescontracts by reason either of having been found in non-compliance following an ESDC-Labour compliance assessment or having withdrawn from the FCP. impose identical obligations on these suppliers. Bidding documents, requests for proposal sand contracts should require the tenderer or contractor to include in the price an allowance for all applicable taxes, permits and fees. confirm whether the FCP applies to suppliers by consulting ESDC-Labour's internet site or by contacting ESDC-Labour, or by consulting the Act. 5.1.3 Also, as part of the obligations of the North American Free Trade Agreement, the World Trade Organization Agreement on Government Procurement, and the Agreement on Internal Trade, contracting authorities are required to report certain statistics. Contractors found to be non-compliant have the right to appeal to the Minister of Labour. In most cases, remuneration is in two parts: the fee for the services rendered and expenses for overhead, administration, and profits. If the change in the scope of the work is significant or negotiations cannot be concluded to the satisfaction of the contracting authority, new bids should be invited. The terms and conditions of any contract issued pursuant to the Government Contracts Regulations and this Contracting Policy should be formulated in writing. the decision is quickly communicated to the contractor so that the contractor may take further action if so desired. In accordance with section 11 of the Official Languages Act, federal institutions must meet any requirements in a federal act, that require them to publish notices, advertisements and other matters in both official languages. These kinds of arrangements are usually covered in joint agreements. When the appropriate security has been submitted but the bidder subsequently increases the bid price before the stipulated closing date, the contracting authority may allow the bidder reasonable time to supply any additional security required. Communications Policy of the Government of Canada Other departments and agencies may only procure goods either when their own legislation specifically permits or when an appropriate delegation of authority has been made by the Minister of Public Works and Government Services. Deputy heads are responsible for ensuring that contracting authorities document a justification for contracting with a former public servant that includes price substantiation, risk mitigation and cost control measures to adjust for pension or lump sum payments as appropriate. The information may comprise important elements of the requirements definition that cannot be completed in time, or the cost of the first part of the order is needed as a basis for negotiating a firm price for the balance. When the bankrupt contractor is a company resident outside Canada, action should be taken in accordance with the bankruptcy law of the country concerned. 8.2.4 The work of TBACC, is undertaken by two subcommittees: 8.2.5 Specialized working groups may be established to investigate and advise in areas of special interest. The number of persons so authorized should be kept to a minimum. 10.6.11 Federal taxes. Even if a proposed directed contract (see Appendix A) for goods and services qualifies under one of these four exceptions, the contracting authority is encouraged, whenever possible, to use the electronic bidding methodology to advertise the proposed award through an Advance Contract Award Notice (ACAN). 16.1.7 Categories of service contracts. As stated in the Policy requirements, use of the emergency contracting authority is to be explained in a report to the Treasury Board Secretariat within60 days of the work being authorized or initiated. The main food source of this fish is plankton. However, all contracting authorities should consider the standing offer method to satisfy repetitive requirements. Should the contracting authority have to seek the Treasury Boards approval to award such a contract, it should be noted that the Treasury Board cannot approve a directed contract which does not meet at least one of the four exceptions. The30 day payment period begins upon receipt of the replacement goods or services or the revised invoice or additional information. 11.2.11 Once the contract proposal is approved by the appropriate authority, the actual contract documents may be executed. The information required in the contract approval process should be a matter of record in all contract files, as well as in Treasury Board submissions, to: There are three types of contract submissions, viz, entering into a contract, amending a contract and ratifying a contract or amendment. recommend a delay in the awarding of a contract during the resolution of the bid protest; issue a recommendation to resolve the bid protest, which may include directing the contracting authority to re-evaluate offers, terminate the contract or renew the competition process; recommend the award of compensation for lost profit; or. A competitive service contract or contractual arrangement with a former public servant is subject to the ministers basic limits, including all applicable taxes, fees and amendments. 10.7.27 Competing firms should be told the measurement criteria and the weighting assigned to them. 12.11.8 Bid security. It was signed by the 10 provinces and2 territories and came into effect on July 1, 1995. 1.3 Efficiency improvements may include installation of high efficiency lights and motors, modification of heating, ventilation and air conditioning systems, upgrading building envelopes, better design for new construction, and changes to operating and maintenance practices. Emory Scholars Blog. Contracting authorities may enter into contracts in response to a pressing emergency situation, as provided for in Part III of the Treasury Board Contracts Directive (see Appendix C). Contracting Authorities should not specify in the request for proposals or tender call the type of security to be submitted. A waiver application must contain sufficient documentation and information to establish if a waiver is justified. This approach is warranted when the requirement can be obtained at reduced cost to the taxpayer or when benefits connected with other government socio-economic objectives are greater. In the case of electronic bids, Departments must also ensure that the documents are not altered, forged, changed or corrupted either intentionally or by error. When the bidding is not national in scope or when an office of a federal institution does not have obligations under the Act and Regulations, the contracting documents may be prepared only in the official language of the majority of the population concerned. 8.4 Where a contract has been awarded, it is the responsibility of the contracting authority to ensure that the contract document contains appropriate terms and conditions to make certain that sub-contractors to the contractor are also subject to the intent and the specific provisions of the contract. tenders shall normally be submitted in writing directly or by mail; where tenders by telex, telegram, telecopy or other means of electronic transmission are permitted, the tenders made thereby must include all the information necessary to evaluate the tender, in particular the definitive price proposed by the supplier and a statement that the supplier agrees to all the terms and conditions of the invitation to tender; a tender made by telex, telegram, telecopy or other means of electronic transmission must be confirmed promptly by letter or by the dispatch of a signed copy of the telex, telegram, telecopy or electronic message; the content of the telex, telegram, telecopy or electronic message shall prevail where there is a difference or conflict between that content and the content of any documentation received after the time limit for submitting of tenders; tenders presented by telephone shall not be permitted; request to participate in selective tendering procedures may be submitted by telex, telegram or telecopy and if permitted, may be submitted by other means of electronic transmission; and. 6.5 ESDC-Labour offers information and advice to government officials regarding the purpose and functioning of the FCP. [21] The current IUCN red list standing of the kokanee is listed under the sockeye salmon (Oncohynchus nerka) is of least concern. Adequate specification details should be available to all interested or qualified firms. 4.2.13 When a contractor defaults, any contract financial security shall be redeemed and applied to compensate the Crown to the limit permitted in the contract. Other relevant authorities, including program approval reference, Order-in-Council authority, and related contract approval references (Treasury Board or departmental). 10.8.19 Change in scope of work. Such notice shall be served by mailing the same by registered mail to the Principal and the Surety at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or other part of Canada in which the subject matter of the Contract is located. 8.1.3 The Treasury Board Contracts Directive, which prescribes the dollar levels above which Treasury Board authority is to be obtained, is contained in Appendix C. 8.1.4 All dollar levels in Appendix C are inclusive of all applicable taxes (including GST and HST). the advice or services sought and the resulting expenditure can be justified as necessary to satisfy program requirements; the services can be defined well enough to form the basis of a contract; the services are available at reasonable cost; and. the legal name of the contractor, as applicable, i.e. Pelagic fish live in the pelagic zone of ocean or lake watersbeing neither close to the bottom nor near the shorein contrast with demersal fish that do live on or near the bottom, and reef fish that are associated with coral reefs.. a background statement outlining the situation leading to the requirement; a clear statement describing the objective of the task and the work to be achieved; an accurate description of the scope of the work, including its range, extent and bounds; details of any constraints imposed, such as government or other policies and standards, current and proposed related activities, security, sensitivity to other interests, employment equity, protection of the environment, conservation of resources and other relevant restrictions; availability of relevant existing studies or other resource material; the manner in which the output of the contract, such as work documents, progress reports, etc., should be presented or submitted; a time schedule for the completion of each stage of the work and for the entire work; when the work is being carried out on behalf of another department or agency, details of available client support and responsibilities; progress report requirements and other control procedures required by a client agency during the work; requirements relating to performance of the several stages and the work as a whole. As suggested in paragraph 11.2.10, exercise of emergency contract authority should be limited to the most senior delegated official available. When the contracting authority awards a contract under the provision of one or more of the exceptions to the requirement to solicit bids in Section 6 of the Government Contracts Regulations, this decision should be recorded, together with the justification. Building owners or managers must provide the full list, including names, addresses and telephone numbers, upon the request of the successful bidder. The data also suggests that the kokanee may have evolved back into a lake-type anadromous form at some point in recent history, although there is a lack of interbreeding between it and sockeye in the drainage systems. Revised June 9, 2003. 10.2.8 The North American Free Trade Agreement, the World TradeOrganization Agreement on Government Procurement, and the Agreement on Internal Trade permit the contracting authority to set aside the requirement to solicit bids under the following conditions: 10.2.9 In addition to the preceding exemptions, the following are exemptions to bidding for procurement subject to WTO-AGP only: 10.2.10 In addition to the exemptions listed in 10.2.9, the following are exemptions to bidding for procurement subject to AIT only: 10.2.11 Under the AIT all services are covered except the following: 10.2.12 The following are excluded from the AIT: 10.3.1 As stated in Section 4, Policy requirements, Contracting authorities are to ensure that: Assessment and award criteria must be spelled out in the solicitation document. Further instructions related to these types of contracts are found in Appendix I. A claimant need not comply with provisions of such legislation setting out steps by way of notice, registration or otherwise as might have been necessary to preserve or perfect any claim for lien or privilege which the claimant might have had. If an employee was temporarily suspended or on pregnancy or parental leave, the 26 week period is extend by the amount of the time the employee was away. The divergence most likely occurred around 15,000 years ago when a large ice melt created a series of freshwater lakes and rivers across the northern part of North America. This allows all non-residents the opportunity to have their tax affairs reviewed before the services are performed. 16.5.2 In all cases, the fees or remuneration should be in line with the contractors established market rate. the aberration is trivial or negligible compared to the total cost or scope of the supplies or services being procured; the presence of that aberration, its removal by negotiation, or its clarification with the bidder could not reasonably be considered prejudicial to the other bidders; and. It also differentiates between the traditional and electronic bidding processes for competitive procurement of goods (where authority has been delegated by the Minister of Public Works and Government Services) and services. 4.2.16 The National Joint Council Travel Directive applies to travel costs incurred by contractors when these costs are a specific element of the contract. Inventories should contain the following data: 16.11.1 Contracts for consulting and professional services may result in additional administrative or management provisions. Chapter 10 of NAFTA aims to achieve greater competition and transparency in government procurement, and to eliminate both protection of domestic products or suppliers, and discrimination among foreign products or suppliers. If the consultant, professional or principals have a financial interest in the business of this third party, the possibility of a conflict of interest should be considered. In 2011 a few fish were found in an isolated lake on Mount Fuji. Conservation efforts have been largely successful with 4,660 kokanee spawning in the park in 2015. All contracting authorities must include in all applicable contracts a lobbyist certification clause to prohibit suppliers from engaging lobbyists on a contingency fee basis to help them obtain contracts. As defined in Appendix A, a standing offer is an offer from a potential supplier to supply goods, services or both, on the pricing basis and under the terms and conditions stated in the standing offer. An honorarium payment is not one made under a contractual arrangement; rather, it is a gratuitous payment as distinguished from compensation for service or hire, and the recipient, if not paid, cannot sue in a Court of Law. The nature of the regulation will govern the procurement arrangements. In accordance with the procedures provided by Public Works and Government Services, contracting authorities should provide Public Works and Government Services with a summary of those firms which consistently are unable to supply personnel as well as instances in which performance was less than satisfactory, including cases when persons called up under standing offers were rejected because of inadequate performance. When the contracting authority accepts a bid or proposal with some condition e.g., provision of financial security or obtaining security clearance, it may be necessary to establish and specify a period during which the acceptance of the bid remains valid. 16.16.7 The required withholding tax is considered a payment on account of the non-residents overall tax liability to Canada. Cost control mechanisms, if applicable, including cost-reimbursable contracts, fixed-time-rate contracts, and contracts in which progress payments or milestone payments are made. When a department or agency has been designated as an "agent" of a Crown corporation, the contracting procedures and authority limits of the contracting authority continue to apply. In cases of cost overrun (a) under-estimating the cost of the work to be performed or (b) for work that was to be done but not included in the terms of reference (as distinct from additional work resulting from client requirements or similar reasons) provide a detailed explanation of the reasons for the overrun (See appendix 2-1, Project Approval and Chapter 2-2, Project Management of the Capital Plans, Projects and Procurement policies). The principle of applying bid criteria or requirements equally to all bidders is part of Canadian contract law and is applicable to both the public as well as the private sectors. In ascertaining what constitutes costs, any generally accepted method of determining or estimating costs that is applied consistently and is equitable in the circumstances may be used, including standard costs properly adjusted for applicable variances. Chapter 5 of AIT is intended to create a system that will allow fairness and equal access to government procurement for all Canadian suppliers in order to reduce cost, and develop a strong economy. The process should not be subject to judicial procedures such as rules of evidence, and the mediator should be allowed reasonable access to information and to employees of both the Crown and the contractor. If the successor employer (contractors) does not hire an employee of the previous employer who provided services at the premises, the successor employer must comply with Part XIV of the Act (termination and severance provisions), subject to the following exemption in Ontario Regulation 138/96: successor employers (contractors) do not have to provide termination and severance to employees who do not have a substantial connection to the site. For this reason, all contracting authorities are to disclose contracting with former public servants regularly (as per the Guidelines on the Proactive Disclosure of Contracts, and Contracting Policy Notice: 2012-2). AND WHEREAS, the Crown has notified the Principal in writing of its intention to withhold contract funds, pursuant to Clause [insert text] of the Contract for the following claim(s) registered against the Contract: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that this Bond stands in lieu of and as security for the release to the Principal of funds which otherwise would have been withheld by the Crown, by reason of Clause [insert text] of the Contract on account of the aforementioned claim(s). the type of work and the custom of the trade or profession; the consequences of the failure or inability of the contractor to fulfill contractual obligations; before solicitation of bids, the stability of firms likely to compete for the contract. When the technical problems are within the state of the art, a design competition may be an appropriate preliminary step to selecting a contractor for a design/make or total package procurement. These criteria may be weighted as deemed appropriate by the contracting authority: 10.8.18 As stated in article 4.2, departments and agencies are to report to the Department of Industry any identical bids where collusion is suspected or any price so unreasonable that it may have been established to lessen competition or eliminate a competitor. 10.7.32 If, as a consequence of a non-competitive contract award, the availability of specified commodities and services is inadequate or their price is deemed to be excessive, then competition needs to be stimulated. The Act was amended in 1995 to strengthen various provisions and to provide measures to ensure compliance with employment equity requirements; it also extended the obligation to implement employment equity to federal departments and agencies. ensure they use a single qualification procedure, except that a contracting authority may use additional qualification procedures where the contracting authority determines the need for a different procedure and is prepared, on request of another Party of the Agreements, to demonstrate that need; and. On completion of the contract, the contracting authority should evaluate the work performed by the consultant or professional. When the size or complexity of a project necessitates further special assurance of the contractors ability, all necessary tests of the competence of prospective contractors may be made in advance. Public Works and Government Services requires the temporary help firms to replace immediately any of their employees whose performance is found to be unsatisfactory to the client department. As stated in article 4.2, Related requirements, the contracting authority cannot assume the powers of a Crown Corporation even when undertaking work on its behalf. A fish scale is a small rigid plate that grows out of the skin of a fish. 2.3.1 Departments and agencies should ensure that there is consistency of practice in obtaining temporary help services. such other procurement methods as may be approved by the Treasury Board. The FCP targets non federally regulated federal contractors with a resident workforce in Canada of 100 or more employees which received federal contracts for goods and services of $1,000,000 or more. 4.3.8 Section 4. That said, an employee (or "servant") at common law is a person who works for salary and wages and is under the supervision and direction of his or her employer; an independent contractor, in contrast, is his or her own master. This means that lobbyists must not be paid a fee or compensation related to the value of the contract. Unlike other fish, sharks do not have scales, but rather denticles. Contracting authorities should develop systems that ensure: 12.8.4 Mediation. If this cannot be done readily, departments may request this information from the Treasury Board Secretariat. The tail and fins can stay as well. The Government of Canadas Contracting Policy further states that officials are to achieve best value for money and to seek the optimal balance of benefits to the Crown and the Canadian people through its purchases. Name: of firm or individual as it will appear on contracts. The Canadian International Trade Tribunal (CITT) has been designated as the bid challenge authority for Canada for all three agreements. With respect to statements of capabilities that are not accepted, the decision to reject will be impartial and independent in that it will not be made by the same official(s) who originally decided to proceed through an ACAN process. adequate security for the payment is ensured; the Crown receives value commensurate with the amount of the payment; the contracting authority has adequate funds to provide the financing; and. An ACAN allows departments and agencies to post a notice, for no less than fifteen calendar days, indicating to the supplier community that it intends to award a good, service or construction contract to a pre-identified contractor. When this formal federal-provincial relationship is not applicable, a contractual relationship between the federal contracting authority and the other government entity may be appropriate. In determining whether a cost element is reasonable, consideration should be given to: 10.8.13 As stated in article 4.2, in assessing bids, the following apply: 10.8.14 Withdrawal of bids. Technical specifications prescribed by contracting authorities shall, where appropriate: 10.5.1b Under NAFTA and WTO-AGP, there may be no requirement or reference to a particular trademark or trade name, patent, design or type, specific origin, producer or supplier, unless there is no sufficiently precise or intelligible way of describing the procurement requirements and provided that words such as "or equivalent" are included in the tender documentation. These Regulations have been subsequently amended on a number of occasions (see Appendix B for the current text). Croacker See: Drums. An employees terms and conditions of employment with the previous employer is considered when determining whether or not the offer is reasonable. 16.5.12 Consistent with section 12.11.10, contracts should include an appropriate penalty clause where the deliverable involves reports or studies. These criteria should identify accurately all the performance elements significant to the success of the project and should measure both the competence of the firm and the worth of its particular technical approach. 16.16.6 All payers, resident or non-resident, must report to Canada Customs and Revenue Agency payments to non-resident persons for services provided in Canada. Holdbacks serve two purposes: Negotiated holdbacks should be large enough and last long enough to ensure that all contractual requirements can be met. 24.5.3 In the absence of competitive bidding for government contracts, qualified Inuit firms will be given fair consideration. The minister is ultimately responsible to Parliament for all contracting activity. "The applied titles of departments or agencies should not be used. Crappie See: Sunfishes. 16.5.9 The equivalent ceiling in time rates should be established by the contracting authority, based on the definition of a normal working day appropriate to the particular requirement. It may also be wise to include a provision to cover tax rebates (i.e., where taxes, allowed in the price, were not paid, owing to the grant of a tax rebate). Customarily the federal government allows bids to be modified or withdrawn before the closing time and date provided that the notification is in written form such as registered letter, telex, or facsimile transmissions. SIGNED, SEALED AND DELIVEREDin the presence of: Bond Posted as Security Pursuant to the Contract Documents. For purposes of determining coverage, a procurement is considered to be one for goods, services, or construction, based on which represents more than 50 per cent of the estimated value of the requisition. Corbina or Corvina, See: Drums. 106,639 marine pelagic: Pelagic fish live and feed near the surface or in the water column of the sea, but not on the bottom of the sea. whether the cost is generally recognized as normal and necessary for the conduct of the suppliers business or the performance of the contract; the restraints and requirements of such factors as generally accepted sound business practices, arms-length bargaining, federal, provincial and local laws and regulations, and contract terms; the action that prudent business persons would take in the circumstances, considering their responsibilities to the owners of the business, their employees, customers, the various levels of government and the public at large; significant deviations from the established practices of the supplier; and. Notwithstanding, Section 1 of this Part and the contracting limits provided in Part I and Part II of this Directive, the Minister of National Defence may enter into non-competitive contracts up to a total value of $5,000,000 in response to a pressing emergencies for fuel, food, water and transportation services during urgent deployments of Canadian Forces units, under authorized operational orders, in situations where there will be significant human and/or financial risk on condition that a report be sent to the Treasury Board Secretariat within 60 calendar days of the authorization or beginning of work. One of the Departments responsibilities is to ensure that all clients are treated in a consistent and fair manner. Departmental officials appointed to review contracts should include the appropriate senior financial officer as the chairperson in all cases. 12.11.3 Financial security. 10.8.17 Identical bids. If a security deposit is made, withdrawal of an unsealed tender before acceptance entitles the tenderer to the return of the deposit. [20] Other factors such as pollution, habitat loss, and warming global temperatures put the kokanee at risk in some areas. 12.11.2 The following is the policy on financial security and the use of insurance in contracting. 2.2.1 For administrative support and other categories both in the National Capital Region and other regions across Canada, as required in article 4.2, Related requirements, contracting authorities should give consideration to obtaining these services directly from companies with which the Department of Public Works and Government Services has entered into temporary help standing offers. Assessments and trade-offs should be made between different performance characteristics, costs, dates of delivery, service, follow-on procurement and logistic support. [16][6] As a fish that inhabits freshwater throughout their lifecycle they are often smaller than their sea-going sockeye relatives, due to less food availability. Each case will be treated on its own merits with payments allowed within delegated authorities and appropriate approvals sought in the event that the changes exceed authorities. when the contracting department or agency considers it the most effective means of ensuring adequate competitive response. 12.9.2 Every effort should be made to avoid: 12.9.3 Many contract amendments are, in fact, prudent. SIGNED AND SEALED this [insert text] day of [insert text], WHEREAS, the principal has entered into a Contract with the Crown, dated the [insert text] day of [insert text] for [insert text]. The multiplying factor for overhead must not be applied to the overtime premium. 1987 (1), c.16, Part IX and Schedules A, B, C, but excluding the Northwest Territories Power Corporation. The principles and policies expressed in the Standard Construction contract are the prerogative of the Treasury Board. Alternatively, skinning the fish also removes its scales, and can be done after you have successfully filleted it. 12.10.1 Subsection 41(2) of the Financial Administration Act states that the Government Contracts Regulations do not apply to federal or provincial Crown corporations unless the legislation of the Crown corporation specifically requires that it be subject to Subsection 41(1) of the Act. If lobbyists are retained in connection with a proposed or actual contract with the Crown, they should be paid on a fee for services or retainer basis. Market rates are comparable to those the contractor has charged for similar work under the same conditions in the same geographical area. Individual populations can have multiple runs associated with the kokanee in a lake and occur from August to February. giving contractors advance information on requirements in order to benefit from their ability to control costs by planning and making full use of the commodity futures market in appropriate circumstances; reducing the period of term contracts, or the quantities ordered on production contracts; increasing production rates to compress the duration of contracts; reducing the administrative time allowed in the procurement process (solicitation, award decision, issuance of contract and authority to commence work); procuring the unstable element separately (in the construction industry this technique is known as pre-tendering. the period of validity of the lists and the formalities for their renewal. 1.2 Custodian departments have contract entry authority needed to enter into agreements with utility companies and the private sector to make energy efficiency improvements to federal buildings. Service contract for an international development assistance program or project, or to approve a recipient countrys entry into such a contract, up to: $30,000,000 for a competitive service contract, $200,000 for a non-competitive service contract. It is also important to note that genetic distinction between sockeye and kokanee that cohabitate varies from region to region, with some populations showing distinct divergence, but others showing very little divergence. 16.3.1 Outside the Public Service, the existence of employer-employee relationships is determined according to a number of tests established by the common law (droit coutumier). 4.2.27 Consistent with trade agreements and comprehensive land claims agreements, if the department determines that it is not appropriate to include accessibility criteria as part of commodity specifications, or if it is unable to obtain goods or services that comply, the client or technical authority must ensure that clear justification is on file. 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