8.1.3 The Treasury Board Directive on Contracts, which prescribes the dollar levels above which Treasury Board authority must be obtained, is set out in Appendix C. 16.5.6 Association Fee Schedules. When determining the market rate of an individual or business, fee schedules issued by professional associations can only serve as a guideline. Fees offered by professional organisations may only be paid by the contracting authority if the fees reflect the individual`s current market or rate. 12.6.2 Whenever the satisfactory performance of a contract is compromised, contracting authorities should take the necessary measures to serve and protect the interests of the Crown in the performance of the terms of the contract and (where appropriate) protect the interests of the other parties to the contract. Contractual disputes must be dealt with fairly and as soon as possible. Changes to the contract must be made with the same care as that which was made to the original contract. 16.9.1 Contracts with full-time or part-time staff members are not prohibited. However, all contracts with employees should reflect the provisions of section 6(b) of the Public Service Conflict of Interest and Post-Employment Code, which states that „employees are required to act in a manner that withstands the narrowest public scrutiny, an obligation that is not fully fulfilled by simply acting within the framework of the law.“ 12.3.1 Contract documents should be prepared and structured to facilitate management oversight through a comprehensive audit trail containing contract details on relevant communications and decisions, including identification of relevant officials and licensing bodies. 11.2.1 Treasury Board Approval. The establishment of dollar limits, beyond which Treasury Board authority is required, is based on the premise that a decision to award a contract should be subject to the collective judgment of ministers in a decision to award a contract, given a certain size or complexity. The Financial Management Act provides for mandatory caps (see subsection 41(1)) to provide a central mechanism to ensure that the money provided is spent effectively.
8.3.1 As specified in section 4.2, Related Requirements, for contracts for goods and services valued at $1,000,000 or more with a contractor with 100 or more employees, departments and agencies shall comply with the terms and conditions of the Federal Contractors Program for Employment Equity set out in Appendix D.5. The contracting authority (or the customer service responsible for drawing up the contract documents where a common service body is only involved in the procurement process) is responsible for defining the requirements, including official language requirements, and for the quality of the language of its general terms and conditions and specifications. The institution is also responsible for actively providing related services to the public in Canada in the official language of its choice, as required by legislation and regulations. The Investment Plan is not a vehicle for the approval of projects, programs, contracts, real property transactions or other activities identified in the Plan by the Treasury Board. Individual projects that exceed an organization`s project approval authority, as described in Appendix C of the Directive on the Management of Projects and Programs, must be separately and explicitly approved by Treasury Board and spending authority before project funds are spent. This policy is mandatory, as required by Treasury Board. It applies to contracting authorities within the meaning of the Government Procurement Regulation, with the exception of contracting authorities on the list of regulations and commissions established under the Inquiries Act. However, in one of the most important sectors, public servants may draft and sign contracts without the appropriate authorization to do so. This is due to a system function that allows an employee to create and print a contract without entering a unique identification number into the system. Thus, even if only six employees actually had the appropriate delegated authority to sign contracts, many other employees could sign contracts without having to go through a higher level of authority. Other controls in place within the finance function are used to mitigate the potential impact of this system error, but the risk inherent in the situation is significant.
11.2.11 Once the contract proposal has been approved by the competent authority, the contract documents themselves may be executed. AS A TESTIMONY, the customer has hereby placed his hand and affixed his seal, and the guarantor has sealed these gifts with his company seal, duly attested by the signature of his authorized drawing authority, on the day and year in which the first was written above. Enter the spending authority for the [insert brief description of activities, outcomes or phase] from [insert project name] to a substantial estimate of $[insert amount] (including the GST/HST of $[insert amount]). Stop-of-work orders and notices of termination must be approved and signed by a contract agent in accordance with the Procurement Risk Assessment for Amendments (PRAA). The value of the order at the time of termination is used in the issuance of the PRAA value. See the „Amended Project Approval and Revised Spending Authority“ section for more information on changes to project decisions. One exception is that the Treasury Board, in its project approval role, may wish to set an upper limit or other restriction for a project. This would require the project to use a design-at-cost approach during the project definition phase. 16.16.3 Paragraph 153(1)(g) of the Act and subsection 105(1) of the Regulations (Section 105) have the authority to withhold taxes on fees, commissions and other amounts paid to non-residents of Canada, other than employees, for services rendered in Canada. The withholding rate is 15% of the gross amount paid. Given that the authority to raise new funds for depreciable capital assets and land is requested from Treasury Board, the submission would also include a table „Depreciable capital assets and land acquired with new funds“ (see Table 5) in the appendix.
10.8.20 If the tenderer limits the period of validity of the tender, this shall be indicated in the tender. Where the contracting authority accepts a tender or proposal under a condition, such as providing .B financial security or obtaining a security check, it may be necessary to establish and establish a period during which the award of the tender remains valid. The following sections may contain additional considerations regarding customer attention. 4.3.1 The Canadian government has made extensive land claims with the Aborigines. These agreements have the force of law and are protected by the Canadian Constitution. Many agreements contain provisions dealing with benefits for economic and social development that affect supply in land-occupied areas. Below are links to these agreements, parking agreements and cooperation agreements that contain Indigenous terms and conditions or other contractual requirements. 12.1.4 International Commercial Court of Canada. NAFTA, the WTO AGP and the AIT require agreement members to maintain independent tendering power.
The Canadian International Trade Tribunal (CITT) has been designated as Canada`s tendering authority for all three agreements. A potential supplier may file a complaint with the CITT about a procurement practice if they are concerned that part of the procurement process under the three trade agreements is unfair or discriminatory. In dealing with a complaint, the tribunal must determine whether the government department or agency responsible for the procurement under review has complied with the requirements of NAFTA, the WTO PGI and the AIT, as well as other procedural requirements required by the Canadian International Trade Tribunal`s Government Procurement Investigations Regulations. Information on the CITT and its complaint and investigation procedure can be found in the CITT publication Contract Review Process – Descriptive Guide. The CITT has the legal authority to provide the complainant with reasonable costs related to responding to the appeal and filing the complaint. In addition, the CITT is empowered: 8.2.1 Role of Ministers. The Minister is ultimately accountable to Parliament for all contracting activities. Each minister usually delegates procurement authority at different levels within the department or agency. As outlined in section 4.2, Related Requirements, public servants to whom this authority has been delegated must exercise it prudently and honestly so that the responsible minister acts and acts in accordance with the letter and spirit of the Government Procurement Regulations and the Treasury Board Directives on Government Procurement.
3 (1) These Regulations apply to all contracts for goods, services and works entered into by a contracting authority that provide for the payment of money by Her Majesty, with the exception of 12.10.3 Agency status […].