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Procurement and Contracting Wednesday 05 June 2024 02:49 PM UTC+00 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
New Product Submission Wednesday 05 June 2024 02:57 PM UTC+00 New Product Submission CATSA regularly evaluates available passenger and baggage screening equipment. If you would like to tell us about your product, contact us at ProcurementInfo@catsa.gc.ca and include the following in your submission:
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Trade Agreement Covered Procurements Procedure Wednesday 05 June 2024 02:57 PM UTC+00 Trade Agreement Covered Procurements Procedure Procedure PR038-119-2024/01 1. GeneralObjectiveTo describe the process for: (a) determining whether a procurement is a Covered Procurement for purposes of CETA/Canada-UK TCA and/or the CFTA; (b) conducting a Covered Procurement in compliance with the applicable obligations in the Trade Agreement(s); and (c) complying with other Trade Agreement requirements related to Covered Procurements. DefinitionsTerms with the first letter in upper case and terms in quotations that appear in the Glossary – Trade Agreement Covered Procurements Procedure (as amended from time to time) shall have the meaning set out therein. In this procedure: (a) all CETA Article references are references to Articles of Chapter 19, unless otherwise indicated; (b) all CETA Annex references are references to Canada's Annexes to its Market Access Schedule for Chapter 19; (c) all CFTA Article references are references to Articles of Chapter Five, unless otherwise indicated; and (d) all CFTA Annex references are references to Annex 520.1 (Party-Specific Exemptions), Schedule of Canada. ApplicationThis procedure applies to all employees of CATSA. All Covered Procurements must meet the applicable requirements of this procedure (and CETA/Canada-UK TCA and/or the CFTA, as applicable). In respect of Covered Procurements: (a) the requirements herein (and in CETA/Canada-UK TCA and/or the CFTA, as applicable) are in addition to any requirements set out elsewhere in the Procedures; and (b) in the event of an inconsistency or conflict between (i) the provisions of another Procedure and (ii) the provisions of this procedure (and/or CETA/Canada-UK TCA and/or the CFTA, as applicable), the provisions of this procedure (and/or CETA/Canada-UK TCA and/or the CFTA, as applicable) shall prevail. 2. Accountabilities
(A=Accountable, R=Responsible, S=Support, C=Consulted, I=Informed, N/A=Accountability Not Applicable. If an individual is accountable ("A") and also responsible ("R"), then only "A" will be indicated in chart.) 3. ProcessA. Background(a) Canada is a signatory to a number of trade agreements aimed at reducing trade barriers between the signatories. Two of these agreements contain government procurement provisions applicable to CATSA: (i) the CFTA, applicable to CATSA as of July 1, 2017; (ii) CETA applicable to CATSA as of September 21, 2017; and (iii) Canada-UK TCA, applicable to CATSA as of April 1, 2021. (b) CETA sets out Canada's commitment to reduce trade barriers between Canada and the EU. Chapter 19 focuses on non-discrimination, transparency and impartiality in government procurement. (c) The CFTA sets out the commitment of Canada and its provinces and territories to reduce trade barriers within Canada. Chapter Five focuses on open, transparent and non-discriminatory access to government procurement opportunities for all Canadian suppliers. (d) CETA ceased to apply to the UK at the end of the Agreement on withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The UK desired the rights and obligations provided for by CETA to continue following the departure of the UK from the EU. The provisions of CETA are incorporated by reference into and made part of the Canada-UK TCA, mutatis mutandis. All references and provisions in this Procedure referring to chapters, annexes and provisions of CETA, apply to the Canada-UK TCA. (e) The key procurement obligations under the Trade Agreements are largely harmonized. However, differences do exist in the obligations of the Trade Agreements and in the wording of various sections of the Trade Agreements. Thus, attention must be paid to the provisions of each Trade Agreement applicable to a procurement. (f) The procurement provisions of the Trade Agreements are structured such that if a proposed contract/procurement meets certain stated criteria, it is covered by the agreement; if it does not meet all the stated criteria, it is not covered. (g) If a proposed contract/procurement is a Covered Procurement, then the procurement obligations in the relevant Trade Agreement(s) must be complied with. When planning a procurement, CATSA must determine whether the proposed contract/procurement is subject to one or both Trade Agreements. (h) A proposed contract/procurement can be covered by both Trade Agreements. In such a case, the provisions of both Trade Agreements must be complied with at the same time. To accomplish this, the procedures/requirements to be followed are those that are considered the more rigorous. (i) For assistance with the application of CETA/Canada-UK TCA, P&C Advisors should consult the Global Affairs Canada website. (j) For assistance with the application of the CFTA, P&C Advisors should consult the Internal Trade Secretariat. B. Determining whether a procurement is a Covered Procurement(I) Under CETA/Canada-UK TCAStep 1 – Covered Procurement ActivitiesA Covered Procurement under CETA/Canada-UK TCA: (a) is a procurement of goods, "services", or any combination thereof as specified in CETA Annex 19-4 (Goods), Annex 19-5 (Services) or Annex 19-6 (Construction services); (b) which has a value that equals or exceeds the relevant threshold; and (c) which is not otherwise excluded from coverage by CETA: (i) Art.19.2.3; (ii) Annex 19-4, 19-5, 19-6 or 19-7; or (iii) another provision of CETA. To be a Covered Procurement under CETA/Canada-UK TCA, a contract, agreement, arrangement or transaction must (See CETA Art.19.2.2): (a) not be excluded from the procurement obligations of CETA/Canada-UK TCA by Art.19.2.3 of CETA, which excludes items such as: (i) the rental of land and buildings; (ii) forms of assistance; and (iii) public employment contracts; (b) be a procurement of goods and/or "services" as specified in the Annexes of CETA (and in particular, not exempted or excluded under Annex 19-7); and (c) be by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy. Certain other provisions may exempt or exclude a procurement from the obligations of CETA/Canada-UK TCA: See the security and general exceptions provisions (CETA Art. 19.3) and the national security provisions (CETA Art.28.6 of Chapter Twenty-Eight (Exceptions)). Step 2 – Valuation ThresholdsThe following CETA/Canada-UK TCA thresholds are applicable to procurements by CATSA (including estimated applicable taxes):
Notes: Step 3 – Covered Goods and ServicesSubject to certain exemptions and exceptions: GoodsGoods described in any of the Federal Supply Classifications (FSC) listed in s.2 of CETA Annex 19-4 are covered under CETA/Canada-UK TCA. For details of the goods contained in the listed FSC codes, see FSC website. ServicesServices identified in the CPC references listed in s.2 and s.3 of CETA Annex 19-5 are covered under CETA/Canada-UK TCA. For details of the services contained in the listed CPC codes, see the CPC website. Construction ServicesAll "construction services" identified in Division 51 of the CPC are covered under CETA/Canada-UK TCA. (See s.1 of CETA Annex 19-6) For details, see the CPC website. Exemptions and Exclusions(a) For procurements relating to security screening equipment, refer to the exceptions to FSC 63 and FSC 66 in s.2 of CETA Annex 19-4 in determining if such equipment is excluded from coverage under CETA/Canada-UK TCA. (b) The procurement by CATSA of all services, with reference to those goods purchased by CATSA which are not covered by CETA Annex 19-4, are excluded from coverage under CETA/Canada-UK TCA. (See Note 1 to CETA Annex 19-5). (c) The "services" covered by CETA Chapter 19 are subject to Canada's exclusions from and reservations to Chapters Eight (Investment), Nine (CrossBorder Trade in Services) and Thirteen (Financial Services) of CETA. (See s.3(d) to Annex A-7). (II) Under the CFTAStep 1 – Covered Procurement ActivitiesA Covered Procurement under the CFTA: (a) is a procurement of a "good", a "service", or any combination thereof other than those expressly excluded under Chapter Five; (b)which has a value that equals or exceeds the relevant threshold; and (c) which is not otherwise excluded from coverage by: (i) Art.501.11; or (ii) another provision of the CFTA. To be a Covered Procurement under the CFTA, a contract, agreement, arrangement or transaction must (See Art.504.2): (a) not be excluded from the procurement obligations of CFTA: (I) by Art.504.11, which excludes items such as: (i) the rental of land and buildings; (ii) forms of assistance; (iii) public employment contracts; (iv) measures necessary to protect intellectual property; (v) the procurement of health services or social services; and (vi) the procurement of legal services; or (II) in the Government of Canada's Schedule to Annex 502.1; (b) be a procurement of "goods" and/or "services" other than those expressly excluded under Chapter Five; and (c) be by any contractual means, including: purchase; lease; and rental, with or without an option to buy. Certain other provisions may exempt or exclude a procurement from the obligations of the CFTA: See the legitimate objective provisions (Art.501) and the security exceptions provisions (Art.801(b) of Chapter Eight (General Exceptions)). Step 2 – Valuation ThresholdsThe following CFTA thresholds are applicable to procurements by CATSA (including estimated applicable taxes):
Notes: Step 3 – Covered Goods and ServicesGoods and Services (including Construction) With respect to procurement by CATSA, all "goods", "services" or any combination thereof are covered under the CFTA, subject to the following: (i) Chapter Five does not apply to procurement by CATSA for security screening, including "services" and "goods" that are related or incidental to security screening (Section B(k) of Annex 520.1); and (ii) Chapter Five does not apply to procurement of, among other things: (a) financial management consulting services of a confidential nature (Section B(l) of Annex 520.1); or (b) public relations services (Section B(q) of Annex 520.1) C. Certain Requirements Applicable To Covered Procurements(a) Conduct of the Procurement(CETA Art.19.4; CFTA Art.502, 503) As general principles, the Trade Agreements require that Covered Procurements are conducted in an open, non-discriminatory, transparent and impartial manner. (b) Conditions for Participation(CETA Art.19.7; CFTA Art.507) The Trade Agreements provide that CATSA shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities, and the commercial and technical abilities, to undertake the relevant procurement. The Trade Agreements contain further provisions respecting conditions for participation, including: (i) limits on the use of conditions for participation; and (ii) a non-exhaustive list of grounds upon which CATSA may exclude a supplier. (c) Technical Specifications(CETA Art.19.9.1 to 19.9.6; CFTA Art.509) The Trade Agreements contain provisions governing the use of "technical specifications" and conformity assessment procedures (as defined in CFTA Chapter Thirteen (Definitions)), including the requirements that in prescribing "technical specifications" CATSA, if appropriate: (i) sets out the "technical specifications" in terms of performance and functional requirements, rather than design or descriptive characteristics; and (ii) bases the "technical specifications": (I) in the case of CETA/Canada-UK TCA, on international "standards", if they exist; otherwise, on national technical regulations, recognized national "standards" or building codes; and (II) in the case of the CFTA, on "standards", if they exist. The Trade Agreements do not permit seeking or accepting advice (used in the preparation or adoption of any "technical specification") from a person that may have a commercial interest in the procurement, if it would have the effect of precluding competition. CFTA Art.509.6 provides that Chapter Five is not intended to preclude CATSA from preparing, adopting, or applying "technical specifications" it considers necessary to protect sensitive government information, including specifications that may affect or limit the storage, hosting, or processing of such information outside Canada. (See Art.509.6 for details. CETA/CanadaUK TCA does not contain a directly corresponding provision.) (d) Qualification of Suppliers(CETA Art.19.8; CFTA Art.508) The Trade Agreements include provisions governing the (pre)qualification of suppliers. CETA/Canada-UK TCA provides for: (i) the establishment and maintenance of "multi-use lists"; and (ii) the use of Selective Tendering. The CFTA provides that CATSA may: (i) establish "standing arrangements" using a procurement method that is consistent with Chapter Five; and (ii) limit tenders to prequalified suppliers provided that the prequalification process is consistent with Chapter Five. Buying GroupsFor CFTA requirements relating to any CATSA procurements conducted through "buying groups" (as defined in Art.521), see Art.504.5 to .9. (e) Limited Tendering(CETA Art.19.12; CFTA Art.513) Limited Tendering is permitted under the Trade Agreements in certain circumstances, provided that it is not used to avoid competition or in a manner that (i) in the case of CETA/Canada-UK TCA, discriminates against suppliers of the EU/UK or protects Canadian domestic suppliers, and (ii) in the case of the CFTA, discriminates against suppliers of any province or territory. The circumstances under which the CFTA permits the use of Limited Tendering are set out in Art.513(a) through (i), and are similar (but not identical) to those circumstances under which CETA permits the use of Limited Tendering. The CFTA includes one additional circumstance, relating to procurements of "goods" or consulting services regarding matters of a confidential or privileged nature. (See Art.513.1(i)) Where a procurement is covered by both Trade Agreements, the provisions of both Trade Agreements must be complied with at the same time. With respect to the utilization of Limited Tendering exceptions, this means that: (i) only the Limited Tendering exceptions that are common to both Trade Agreements are available as options; and (ii) where a certain Limited Tendering exception is common to both Trade Agreements, the exception with the more rigorous requirements must be complied with. CETA Art.19.12.2 requires that CATSA prepare a report "in writing" (containing specified information) in respect of each Covered Procurement contract awarded under a Limited Tendering exception. The Trade Agreements require contract award notices to include information relating to the justification for the use of Limited Tendering. (See CETA Art.19.15; CFTA Art.516.2) (f) Posting Periods(CETA Art.19.10;CFTA Art.511) The Trade Agreements provide that CATSA shall, consistent with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account such factors as: (i) the nature and complexity of the procurement; (ii) the extent of subcontracting anticipated; and (iii) the time necessary for transmitting tenders by non-electronic means (in the case of CETA/Canada-UK TCA, from foreign as well as domestic points) if electronic means are not used. DeadlinesThe CFTA does not specify the number of days required for posting periods, but simply states that the time periods must be reasonable. CETA/Canada-UK TCA, on the other hand, prescribes the required number of days. CETA/Canada-UK TCA provides that, in the case of Open Tendering, the final date for the submission of tenders shall not be less than forty (40) "days" from the date on which the "notice of intended procurement" is published; however, this may be reduced to not less than ten (10) "days" (i) for purchases of "commercial goods or services" in certain circumstances, and/or (ii) in certain circumstances as outlined below: a. This forty (40) day period may be reduced by five "days" for each one of the following circumstances: (i) the "notice of intended procurement" is published by electronic means; (ii) all the tender documentation is made available by electronic means from the date of the publication of the "notice of intended procurement"; and (iii) tenders are accepted by electronic means. b. This forty (40) day period may be reduced to not less than ten (10) "days": (i) if a notice of planned procurement has been published within certain time periods and containing certain information; (ii) in certain circumstances involving contracts of a recurring nature; or (iii) if a state of urgency renders this forty (40) day period impracticable. For determining the deadlines for Selective Tendering under CETA/Canada-UK TCA, see CETA Art.19.10.2 to 19.10.8. (g) Tender Notices(CETA Art.19.6; CFTA Art.506) CETA/Canada-UK TCA requires that for each Covered Procurement (other than Limited Tendering), a "notice of intended procurement" and a summary notice shall be posted on www.MERX.com and shall include the details identified in CETA Art 19.6. The CFTA requires that for each Covered Procurement (other than Limited Tendering), a "tender notice" shall be posted on www.MERX.com and shall include the details identified in Art.506. Notice of Planned ProcurementCETA/Canada-UK TCA also encourages CATSA to publish a notice of planned procurement regarding its future procurement plans. (h) Negotiations with Suppliers(CETA Art.19.11; CFTA Art.512) For Covered Procurements, negotiations with suppliers must be conducted in accordance with (i) in the case of CETA/Canada-UK TCA, the provisions of CETA Art.19.11, and (ii) in the case of the CFTA, the provisions of Art.512. The Trade Agreements require that, other than for negotiations in a case of no obvious winning tender, to conduct negotiations with suppliers, the intent to negotiate shall be indicated in the "notice of intended procurement" (for CETA/Canada-UK TCA Covered Procurements) and in the "tender notice" (for CFTA Covered Procurements). (i) Awarding of Contracts(CETA Art.19.14; CFTA Art.515) The Trade Agreements require that, for Covered Procurements, unless it is not in the public interest to award a contract, CATSA shall award the contract to the supplier that CATSA has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted: (a) the most advantageous tender; or (b) if price is the sole criterion, the lowest price. (j) Informing Suppliers of Contract Award Decisions(CETA Art.19.15.1; CFTA Art.516.1) The Trade Agreements require that CATSA promptly inform participating suppliers of CATSA's contract award decisions and, on the request of a supplier, shall do so "in writing". (k) Publication of Award Information(CETA Art.19.15.2; CFTA Art.516.2) The Trade Agreements require that CATSA publish a notice containing specified award information on MERX website, not later than seventy-two (72) "days" after the award of each Covered Procurement contract. (l) Bidder Debriefs(CETA Art.19.15.1; CFTA Art.516.1) The Trade Agreements require that, on request, CATSA provide an unsuccessful supplier with an explanation of the reasons why its tender was not selected. CETA/Canada-UK TCA also requires the explanation to include the relative advantages of the successful supplier's tender. (m) Complaint Resolution(CETA Art.19.17.2; CFTA Art.514.4) CETA/Canada-UK TCA provides that, in the event of a complaint by a supplier arising in the context of a Covered Procurement, CATSA and the supplier will be encouraged to seek resolution of the complaint through consultations. The CFTA provides that, in the event of such a complaint, CATSA and the supplier shall seek to resolve the complaint through consultations. (n) Collection and Reporting of Statistics(CETA Art.19.15.4 to 19.15.6; CFTA Art.516.3 and .4) CETA/Canada-UK TCA requires the collection and reporting of statistics on contracts covered by CETA Chapter 19, including: (i) the number and total value of contracts covered by Chapter 19 awarded, broken down by Annex; and (ii) estimates for the data required under (i) above, with an explanation of the methodology used to develop the estimates, if it is not feasible to provide the data. The CFTA provides that the Government of Canada is required to make available, on an annual basis, the number and aggregate value of its Covered Procurement contract awards, broken down by procuring entity type as set out in Art.504.3. (o) Publication of Procedures Regarding Covered Procurements(CETA Art.19.5) CETA/Canada-UK TCA requires the prompt publication of certain information regarding Covered Procurements (including CATSA's procedures regarding Covered Procurements), and any modifications thereof. Such CATSA information is available on CATSA website. The CFTA does not include a corresponding publication obligation. 4. AdministrationReview and AmendmentThis procedure shall be reviewed by the Owner at least once every three years. Any substantive amendments to this procedure must be approved by the Owner. Related DocumentsEnquiriesJenny Doucet | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Procurement and Contracting Policy Wednesday 05 June 2024 02:57 PM UTC+00 Procurement and Contracting Policy Policy P031 1. Policy ObjectiveTo establish the requirements, approval authorities and accountabilities for CATSA's procurement and contracting. 2. Policy StatementSubject to the provisions of this policy, all CATSA procurement and contracting shall be conducted in a manner that: (i) as required by s. 8(5) of the Canadian Air Transport Security Authority Act ("CATSA Act"), ensures that CATSA's operational requirements are always met and promotes transparency, openness, fairness and value for money; and (ii) for those procurements subject to a Trade Agreement(s), complies with the applicable procurement obligations therein. 3. ApplicationThis policy and the Procedures apply to CATSA and to all of its employees and the Board. This policy does not apply to employment contracts or ex-gratia payments. All Contracts shall meet the requirements of this policy and the applicable Procedures. Notwithstanding the foregoing: (i) exceptions to this policy may only be authorized by the Board; and (ii) exceptions to the Procedures may only be authorized by the President and Chief Executive Officer, or his or her delegate. 4. Definitions"Amendment" means an extension or change to a Contract. "Approval Authority" means the position(s) or body with authority to approve Contracts in accordance with this policy and the Procedures. "Board-level Contract" means a Contract with a Dollar Value equal to or exceeding five million dollars ($5,000,000). "Contracts" means Procurement Contracts and Non-Procurement Contracts. "Delegated Authority" means the position(s) with delegated authority to initiate expenditures, commit funds and execute Contracts pursuant to the Delegation Chart. "Delegation Chart" means the Delegation of Contractual and Financial Signing Authorities Document (as may be amended from time to time) approved by the Board which sets the authority for employees to execute Contracts and initiate expenditures on behalf of CATSA. "Dollar Value" means the estimated cumulative maximum expenditures, exclusive of taxes, to be made pursuant to a Contract during its term. For purposes of establishing the Dollar Value, all Amendments provided for in the Contract and all actual Amendments shall be included. For certainty, if the Contract includes any options to extend, the Dollar Value shall include those option periods. "Financial Year" means CATSA's financial year beginning on April 1 and ending the following March 31. "Limited Tendering" means a procurement method whereby CATSA contacts a supplier or suppliers of its choice. "Non-Procurement Contracts" means contracts other than Procurement Contracts; and, unless subject to the procurement obligations of a Trade Agreement, the following (non-exhaustive list of items) shall be deemed to be Non-Procurement Contracts: (a) contracts for the performance of legal services; (b) contracts for the lease of real property; (c) funding arrangements; (d) letters of intent, memoranda of understanding, settlements, releases and other contracts, agreements, arrangements and transactions, which do not contain contractual obligations to procure goods or services; (e) transactions relating to the transfer of goods, services or real property with any department, division, agency, Crown corporation or other portion of the federal, provincial, municipal or territorial public administration; and (f) any other type of contract, agreement, arrangement or transaction which, by its nature, would not be subject to the procurement obligations of a Trade Agreement. "Open Process" or "Open Tendering" means a procurement method whereby all interested suppliers may submit a tender. "Procedures" means the mandatory compliance policy instruments developed and maintained in furtherance of this policy. "Procurement Contracts" means contracts (other than Non-Procurement Contracts) for the purchase or lease of goods and/or services, and may include standing offers, call ups and purchase orders. A contract which is subject to the procurement obligations of a Trade Agreement shall be deemed to be a Procurement Contract. "Screening Equipment" means equipment designed for the purpose of detection of explosives, weapons or other security threats in the performance of CATSA's mandated activities. "Selective Tendering" means a procurement method whereby only qualified suppliers are invited by CATSA to submit a tender. "Trade Agreement" means a trade agreement that applies to CATSA. 5. Accountabilities5.1 The Board is responsible for the management of the activities and affairs of CATSA pursuant to s. 23 of the CATSA Act, which includes establishing contracting policies for CATSA pursuant to s. 24 of the CATSA Act. 5.2 The President and Chief Executive Officer is:
(a) goods and services are procured in accordance with this policy and the Procedures; and (b) effective oversight and due diligence are exercised in the structuring, approving, awarding and administering of Contracts. Accountability for administration of this policy and implementation of an appropriate control framework has been delegated to the Vice-President responsible for Procurement and Contracting. 5.3 The Vice-President responsible for Procurement and Contracting is the Office of Primary Interest (OPI) for this policy and is accountable for:
5.4 Employees are accountable for:
6. Policy RequirementsPart I Procurement and Contracting Approvals6.1 Confirmation of Funds. Subject to s. 6.4, prior to making a financial commitment under a Contract, the Delegated Authority must confirm the availability of funds for the Contract within the current CATSA budget. 6.2 Approval of Procurement Strategies. In addition to any other approvals required by the Procedures, procurement strategies for Board-level Contracts require approval of the Board prior to the issuance of any contract/solicitation document. 6.3 Approval of Contracts and Amendments. In addition to any other approvals required by the Procedures, Contracts and Amendments thereto shall be approved by the Approval Authorities in accordance with the Delegation Chart. 6.4 Approval of Contracts with Multi-Year Terms. An Approval Authority may approve a Contract having a multi-year term (including option periods provided for in the Contract) notwithstanding funds or appropriations being unconfirmed for all years included in the multi-year term at the time of approval. In such cases, regardless of the approval of the Contract, the Delegated Authority must confirm the availability of funds for the Contract within the applicable CATSA budget and meet any other requirements in the Procedures before any financial commitments are made under the Contract in any subsequent Financial Year. 6.5 Conflicts of Interest. Approval Authorities shall declare any conflicts of interest in respect of Contracts for which their approval is required under this policy. In the event any Approval Authority is in a conflict of interest in respect of a Contract, that Contract shall require the approval of the next level of Approval Authority. Part II Procurement Processes6.6 Tendering. 6.6.1 Methods of Tendering. For all Procurement Contracts, an Open Process appropriate to the nature of the Procurement Contract shall be used, subject to the following: (a) For a procurement which is not subject to a Trade Agreement, (I) Selective Tendering may be used in any circumstance where Selective Tendering is approved as the procurement strategy appropriate for the requirement, including but not limited to any circumstance where Selective Tendering would be permitted to be used under a Trade Agreement; and (II) Limited Tendering may be used in any of the following circumstances: (i) Public Interest. The nature of the work or the circumstances surrounding the requirement are such that it would not be in the public interest or it could compromise national security to use an Open Process; (ii) Sole Supplier. Only one person or firm is capable of performing the contract; (iii) Pressing Emergency. In response to a pressing emergency where delay in taking action would be injurious to the public interest or national security interests; (iv) Low Dollar Value. The Dollar Value of the Procurement Contract is estimated to be less than: (i) fifty thousand dollars ($50,000) where the contract is for goods and/or services; or (ii) one hundred thousand dollars ($100,000) where the contract is for the construction, repair, renovation or restoration of a work and/or the acquisition of architectural, engineering and other services required in respect of the planning, design, preparation or supervision of the construction, repair, renovation or restoration of a work; (v) Location-Specific Restriction. Where, in respect of procuring goods and/or services required at a location (including but not limited to an airport), CATSA is required by the relevant authority at such location to procure from a limited number of authority-approved suppliers; or (vi) Other Circumstances. In any circumstance where Limited Tendering is approved as the procurement strategy appropriate for the requirement, including but not limited to any circumstance where Limited Tendering would be permitted to be used under a Trade Agreement; and (b) For a procurement which is subject to a Trade Agreement(s), Selective Tendering or Limited Tendering may be used to the extent permitted under such Trade Agreement(s). Notwithstanding the use of Selective Tendering or Limited Tendering, procurements will promote a level of openness, transparency, fairness and value for money appropriate to the nature of the procurement. 6.6.2 Trade Agreement Compliance. All procurements subject to a Trade Agreement(s) shall be conducted in a manner that complies with the applicable obligations of such Trade Agreement(s). 6.6.3 Federal Government Procurements. CATSA may procure goods and/or services by entering into Procurement Contracts which result from the use of Public Services and Procurement Canada (PSPC) (or its successor entity) or other federal government entity procurement vehicles (such as standing offers and supply arrangements). In such cases, CATSA will only follow the process set out by the procuring entity. 7. Screening Equipment Procurement7.1 Security Application. Given the national security application of Screening Equipment, it is critical to ensure the confidentiality of certain operational requirements and the performance capabilities of any such equipment as a matter of national security. As such, in the interest of national security, the selection and procurement of Screening Equipment must necessarily involve a certain degree of confidentiality that may not otherwise be found in other procurement contexts. 7.2 Deployment Considerations. CATSA shall consider economic and operational efficiencies and supply chain risk when determining the number of suppliers or types of Screening Equipment required for a particular technological platform. 7.3 Regulator Considerations. CATSA shall take into account any consultations it may have or directions it may receive from Transport Canada when determining operational requirements for Screening Equipment. CATSA shall ensure that Screening Equipment is approved by Transport Canada before it may be used in the performance of CATSA's mandated activities. 7.4 International Network and Standards. The acceptance of Canadian screening procedures by other countries may depend on the use of internationally acceptable Screening Equipment by CATSA. Harmonization of screening standards with the United States and/or the European Union promotes effective and efficient passage of Canadian travelling public and their belongings into such regions. In addition, international partners may have already performed the testing required to certify Screening Equipment, which testing results can support the selection of a particular Screening Equipment for Canada. Such factors favour the selection of equipment which has already been accepted by our international partners. 8. Reviews and AmendmentsThe Vice-President responsible for Procurement and Contracting shall review this policy at least once every three years. Any substantive amendments to this policy require the approval of the Board. 9. Related DocumentsLegislation
Trade Agreements
CATSA Documents
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Document Protection Procedures Wednesday 05 June 2024 02:57 PM UTC+00 Document Protection Procedures Information Handling ProceduresApril 2024 RequirementsProtected AProtected BSecretSecurity Classification MarkingProtected A"Protected A" on all pages Protected B"Protected B" on all pages Secret"Secret" on all pages Electronic StorageProtected A
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Electronic TransmissionProtected A
Protected B
Secret
Paper StorageProtected ALocked filing cabinet or desk drawer in an Operations Zone Protected BSecurity container with combination dial-lock in an Operations Zone SecretSecurity container with combination dial-lock in a Security Zone Paper TransmissionProtected AEnvelope: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Contractor Code of Conduct Wednesday 05 June 2024 02:57 PM UTC+00 Contractor Code of Conduct The Canadian Air Transport Security Authority ("CATSA") is committed to upholding the highest ethical standards in all of its activities. We expect our employees to comply with applicable laws and to conduct themselves responsibly, ethically and with integrity. We expect the same from our Contractors. This Contractor Code of Conduct ("Code") outlines the principles and standards that CATSA's Contractors are required to follow and uphold in their business dealings with CATSA. This Code applies to all vendors, suppliers and contractors (collectively, "Contractors") that have entered into an agreement to provide goods or services to CATSA, including each of their employees, representatives, subsidiaries, affiliates and subcontractors. It is the responsibility of Contractors, for themselves and on behalf of such employees, representatives, subsidiaries, affiliates and subcontractors, to ensure compliance with this Code. Contractors must monitor each outsourcing and subcontracting arrangement to ensure it complies with this Code. Compliance with this Code is mandatory for all Contractors. CATSA expects Contractors to comply with both the letter and the spirit of this Code. Conduct that is illegal, dishonest or unethical constitutes a breach of this Code, whether or not the conduct is specifically addressed in this Code. Business IntegrityCompliance with LawsContractors must ensure that, in all of their activities, they conduct business in compliance with the applicable laws, rules and regulations of the jurisdictions in which they operate. Anti-Bribery and Anti-CorruptionContractors must comply with all applicable laws and regulations relating to corruption, bribery, fraud and other prohibited business practices. It is never acceptable for a Contractor to offer a bribe, kickback or other unlawful payment or benefit to secure any concession, contract or other favourable treatment. Conflicts of InterestContractors must exercise reasonable care and diligence to prevent actions or conditions that could result in a conflict of interest or the appearance of a conflict of interest. Contractors must not try to gain improper advantage or preferential treatment as a result of a conflict of interest. Contractors must disclose to CATSA any real, apparent or potential conflict of interest in a timely manner. Gifts and EntertainmentGifts and entertainment must not be used by Contractors to gain improper advantage or preferential treatment. Contractors must not offer or give to CATSA employees any gifts, hospitality or other benefits that may have a real, apparent or potential influence on their objectivity in carrying out their official duties or that may place them under obligation to the Contractor. Confidential InformationIf, in its dealings with CATSA, a Contractor becomes aware of confidential information of CATSA or any of our stakeholders, the Contractor must only use such information for the purposes defined by CATSA, and must properly handle such information. CATSA expects Contractors to have in place policies and procedures for the proper use and handling of such information that meet applicable legal and regulatory requirements to prevent inappropriate access to and disclosure of such information. Contractors must notify CATSA promptly of any actual or suspected privacy breaches, security breaches, or disclosure or loss involving such information. Responsible Treatment of IndividualsRespect and DiversityContractors must maintain workplaces characterized by respect for the dignity of every individual. Contractors must respect the diversity of their employees and others with whom they interact, including respect for differences such as gender, race, colour, age, disability, sexual orientation, ethnic origin, religion and any other characteristic protected by applicable laws. Contractors must not tolerate any harassment, violence, intimidation, retaliation, discrimination based on protected characteristics, or other disrespectful or inappropriate behaviour. Employment PracticesContractors must abide by applicable employment standards, labour, non-discrimination and human rights legislation. Where laws do not prohibit discrimination, we still expect Contractors to be committed to non-discrimination principles. Contractors must ensure that, in their workplaces: (i) forced/compulsory labour and child labour are not used; (ii) employees are free to raise concerns without fear of reprisal; (iii) required security screening of personnel has been performed; and (iv) employment standards meet or exceed legal and regulatory requirements. Health and SafetyContractors must provide safe and healthy workplaces and comply with relevant health and safety laws. We expect Contractors to provide all their employees with adequate information and instruction on health and safety concerns and to enable their employees to meet their responsibilities for the maintenance of a safe and healthy workplace. Code ComplianceAs a condition of entering into an agreement with CATSA for the provision of goods or services, Contractors must indicate that they have read and understood this Code and agree to abide by its provisions during the term of the agreement. Such agreement for the provision of goods or services may contain provisions addressing certain of the topics covered in this Code. In the event of any conflict, the provisions of the agreement shall prevail. CATSA may require a Contractor to periodically confirm in writing that it is operating in compliance with this Code, and that it recognizes the requirement for ongoing compliance, as a condition of continuing the business relationship with CATSA. Contractors must maintain adequate internal records necessary to demonstrate compliance with their obligations under this Code. Failure to comply with this Code may result in termination of a Contractor's relationship with CATSA. Contractors have the responsibility to report any known or suspected violations of any applicable laws and/or any non-compliance with this Code to CATSA's Vice-President, Corporate Services and Corporate Secretary in a timely manner. Contractors must not permit any retribution or retaliation against any individual who, in good faith, seeks advice or reports such a known or suspected violation. CATSA reserves the right and may be obligated to report breaches of this Code to regulators and/or law enforcement authorities. Contractors may address all notifications under, and any questions relating to the interpretation or application of, this Code to CATSA's Vice-President, Corporate Services, General Counsel and Corporate Secretary at lisa.hamilton[at]catsa.gc.ca. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
CATSA's standard purchase order terms and conditions Wednesday 05 June 2024 02:57 PM UTC+00 CATSA's standard purchase order terms and conditions for purchase orders under $50,000 issued from April 2019 to current date.Canadian Air Transport Security Authority | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Doing Business with CATSA Wednesday 05 June 2024 02:57 PM UTC+00 Doing Business with CATSA CATSA's procurement and contracting activities are conducted in a manner that ensures that its operational requirements are always met and that transparency, openness, fairness and value for money are promoted. CATSA publicly tenders most of its requirements for goods and/or services. CATSA posts requests for proposals, requests for standing offers and other procurement solicitation documents on the Canadian electronic-tendering service MERX. For more information on doing business with CATSA, please contact Procurement and Contracting. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Glossary - Trade Agreement Covered Procurements Procedure Wednesday 05 June 2024 03:07 PM UTC+00 Glossary - Trade Agreement Covered Procurements Procedure For purposes of the Trade Agreement Covered Procurements Procedure, the following terms appearing therein (with the first letter in upper case, or in quotations) shall have the meaning set out below. Canada-UK TCA means the Canadian-United Kingdom Trade Continuity Agreement, as amended from time to time; CETA means the Canada-European Union Comprehensive Economic and Trade Agreement, as amended from time to time; CFTA means the Canadian Free Trade Agreement, as amended from time to time; Chapter 19 means Chapter Nineteen (Government Procurement) of CETA; Chapter Five means Chapter Five (Government Procurement) of the CFTA; "commercial goods or services" (as used in CETA) means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes; "construction" (as used in the CFTA) and "construction service" (as used in CETA) means a service that has as its objective the realisation by whatever means of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (CPC); Covered Procurement means a procurement which is subject to the procurement obligations in (i) CETA/Canada-UK TCA (that is, a procurement described in Art.19.2.2 of Chapter 19), and/or (as applicable), (ii) the CFTA (that is, a procurement described in Art.504.2 of Chapter Five); CPC means the provisional Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991; "days" means calendar days; EU means the European Union (and its member states); "goods" (as used in the CFTA) means moveable property and includes raw materials, products, equipment, and other physical objects of every kind and description whether in solid, liquid, gaseous, or electronic form; "in writing" means any worded or numbered expression that can be read, reproduced and later communicated. It may include electronically transmitted and stored information; Limited Tendering means a procurement method whereby CATSA contacts a supplier or suppliers of its choice; "multi-use list" (as used in CETA) and "prequalification list" (as used in the CFTA) means a list of suppliers that CATSA has determined satisfy the conditions for participation in that list, and that CATSA intends to use more than once; (Note to P&C Advisors: Such a list would typically be referred to by CATSA as a standing offer.) "notice of intended procurement" (as used in CETA) means a notice published by CATSA inviting interested suppliers to submit a request for participation, a tender, or both; Open Tendering means a procurement method whereby all interested suppliers may submit a tender; Procedures means the policies, procedures, standards, directives, guidelines and other policy documents developed and maintained in furtherance of the Policy, as amended from time to time; SDR (as used in CETA) means Special Drawing Right, a unit of account of the International Monetary Fund; Selective Tendering (as used in CETA) means a procurement method whereby only qualified suppliers are invited by CATSA to submit a tender; "services": (i) as used in CETA, includes construction services, unless otherwise specified; and (ii) as used in the CFTA, means all services, including construction, unless otherwise specified; "standard" means a document approved by a recognized body that provides for common and repeated use, rules, guidelines or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method; "standing arrangement" (as used in the CFTA) means an arrangement with a supplier or suppliers under which CATSA may buy goods or services from the supplier or suppliers over a period specified in the arrangement. The arrangement includes all terms applicable to the procurement, such as the cost of the good or service and delivery requirements; (Note to P&C Advisors: Such an arrangement would typically be referred to by CATSA as a standing offer.) "technical specification" means a tendering requirement that: (a) lays down the characteristics of a good or a service to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production or provision; or "tender notice" (as used in the CFTA) means a notice published by CATSA inviting interested suppliers to submit a tender, a response to a request for prequalification, or both; and Trade Agreement means CETA and/or the CFTA, as applicable. |
Indigenous and Northern Affairs Canada: Canada and Snuneymuxw First Nation to celebrate the signing of a historic agreement
Indigenous and Northern Affairs Canada Canada News Centre Canada and Snuneymuxw First Nation to celebrate the signing of a historic agreement by Crown-Indigenous Relations and Northern Affairs Canada on Friday 26 January 2024 11:08 PM UTC+00 | Tags: media-advisories Chief Michael Wyse of the Snuneymuxw First Nation and the Honourable Gary Anandasangaree, Minister of Crown-Indigenous Relations, will celebrate the signing of a historic agreement related to Snuneymuxw First Nation lands. Tags: media-advisories