ARCHIVED Land Claims Set-Aside Policy

This update to Policy Notification 27 amends the Land Claims Set-Aside
Policy found in Section 9M of the Supply Manual to:

• add the Tr'ondëk Hwëch'in Final Agreement, Section
  5.7, to the chart, entitled Summary of Benefits from Treasury
  Board of Canada Secretariat Contracting Policy Notice 1997-8
  (Annex A); and,
• revise the wording of Standard Acquisition Clauses and Conditions
  (SACC) Manual clause W0113T to make it identical to the text
  in the Little Salmon/Carmacks First Nation Final Agreement
  (Annex B).

The new Section 5.7, the revised clause # W0113T,and, the three
new SACC clauses (W0171T, W0172T, W0173T) developed for the Tr'ondëk
Hwëch'in Final Agreement follow.

This policy, and related clauses, will be incorporated into the
next Supply Manual and SACC Manual amendments, scheduled for release
in May 2000.

Annex A

Changes to the Supply Manual, Chapter 9M

Update to the Summary of Benefits from Treasury Board
of Canada Secretariat Contracting Policy Notice 1997-8 chart

Section 5.7: Tr'ondëk Hwëch'in Final Agreement*

Notification

Bid Solicitation

Mandatory

W0051T

Creation of a List

Mandatory

W0052T

Entity, Area & Commodity Specific

Bid Solicitation

Mandatory

W0171T
W0172T
W0173T

* Provisions in the Council of Yukon First Nations Final Agreement
also apply to procurements subject to the Tr'ondëk Hwëch'in
Final Agreement.

Annex B

Changes to the SACC Manual

Include the relevant SACC clause(s) (identified in the chart above)
in the bid solicitation and insert the corresponding clause numbers
from the Tr'ondëk Hwëch'in Final Agreement (listed below)
in the Notice of Proposed Procurement.

SACC W0051T is comprised of clauses: 22.5.1.
SACC W0052T is comprised of clauses: 22.5.4: 22.5.8.
SACC W0171T is comprised of clauses: clauses:13.12.1.1; 13.12.1.2;
13.12.1.3;13.12.1.7,(a), (b).
SACC W0172T is comprised of clauses:15.7.1.1; 15.7.1.2.
SACC W0173T is comprised of clauses: 17.14.2.2; 17.14.2.3; 17.14.2.4;
17.14.2.8.

Little Salmon/Carmacks First Nation Final Agreement (LSCFA) Revised
SACC Manual Clause

W0113T LSCFA - Silviculture

Remarks: Refer to the chart "Summary of Benefits
from Treasury Board of Canada Secretariat Contracting Policy Notice
1997-8" to determine when to use this clause. It is to appear in
full text at the end of the bid solicitation, before any annexes
or appendices.

Text:

The benefits that apply to this procurement are contained in:
Section 5.6, Little Salmon / Carmacks First Nation Final Agreement
(LSCFA), clauses:

17.14.2.2 Government shall provide written notice to the Little
Salmon/Carmacks First Nation of any public tender for contracts
associated with Forest Resources Management within the Traditional
Territory of the Little Salmon/Carmacks First Nation.

17.14.2.3 Government shall include the Little Salmon/Carmacks
First Nation in any invitational tender for contracts associated
with Forest Resources Management within the Traditional Territory
of the Little Salmon/Carmacks First Nation.

17.14.2.4 The Little Salmon/Carmacks First Nation shall have the
first opportunity to accept any contract offered by Government
other than by public or invitational tender associated with silviculture
within the Traditional Territory of the Little Salmon Carmacks
First Nation upon the same terms and conditions as would be offered
to others.

17.14.2.8 Government shall include a criterion for employment
of Little Salmon/ Carmacks People in any contract opportunities
associated with silviculture in the Traditional Territory of the
Little Salmon/Carmacks First Nation

Tr'ondëk Hwëch'in Final Agreement (THFA) New SACC Manual
Clauses

W0171T THFA - Designated Heritage Site

Remarks: Refer to the chart "Summary of Benefits
from Treasury Board of Canada Secretariat Contracting Policy Notice
1997-8" to determine when to use this clause. It is to appear in
full text at the end of the bid solicitation, before any annexes
or appendices.

Text:

The benefits that apply to this procurement are contained in:
Section 5.7, Tr'ondëk Hwëch'in Final Agreement (THFA),
clauses:

13.12.1.1 Government shall provide written notice to the Tr'ondëk
Hwëch'in of any public tender for contracts associated with
the management of a Designated Heritage Site directly related to
the history or culture of Tr'ondëk Hwëch'in within the
Traditional Territory of the Tr'ondëk Hwëch'in.

13.12.1.2 Government shall include the Tr'ondëk Hwëch'in
in any invitational tender for contracts associated with the management
of a Designated Heritage Site directly related to the history or
culture of the Tr'ondëk Hwëch'in within the Traditional
Territory of the Tr'ondëk Hwëch'in.

13.12.1.3 The Tr'ondëk Hwëch'in shall have the first
opportunity to accept any contract offered by Government other
than by public or invitational tender associated with the management
of a Designated Heritage Site directly related to the history or
culture of Tr'ondëk Hwëch'in within the Traditional Territory
of the Tr'ondëk Hwëch'in upon the same terms and conditions
as would be offered to others.

13.12.1.7 Government shall include in any contract opportunities
associated with a Designated Heritage Site directly related to
the history or culture of Tr'ondëk Hwëch'in within the
Traditional Territory of the Tr'ondëk Hwëch'in:

1. a criterion for the employment of Tr'ondëk Hwëch'in
   or engagement of Tr'ondëk Hwëch'in Firms; and
2. a criterion for special knowledge or experience of Tr'ondëk
   Hwëch'in related to the Designated Heritage Site.

W0172T THFA - Survey

Remarks: Refer to the chart "Summary of Benefits from Treasury
Board of Canada Secretariat Contracting Policy Notice 1997-8" to
determine when to use this clause. It is to appear in full text
at the end of the bid solicitation, before any annexes or appendices.

Text:

The benefits that apply to this procurement are contained in:
Section 5.7, Tr'ondëk Hwëch'in Final Agreement (THFA),
clauses:

15.7.1.1 In evaluating any competitive proposal, bid or tender
for the survey of Tr'ondëk Hwëch'in Settlement Land,
Government shall include among the factors for consideration, employment
of Tr'ondëk Hwëch'in, or for Tr'ondëk Hwëch'in
and Tr'ondëk Hwëch'in ownership or equity investment
in the firm submitting the proposal, bid or tender, and in any
subcontractor to that firm.

15.7.1.2 The Tr'ondëk Hwëch'in and Government shall
ensure that qualifications and experience requirements for employment
of Tr'ondëk Hwëch'in in the surveying of Tr'ondëk
Hwëch'in Settlement Land shall be established at levels appropriate
to the nature of the tasks being performed in that employment,
and shall take into account the local knowledge of Tr'ondëk
Hwëch'in.

W0173T THFA - Silviculture

Remarks: Refer to the chart "Summary of Benefits
from Treasury Board of Canada Secretariat Contracting Policy Notice
1997-8" to determine when to use this clause. It is to appear in
full text at the end of the bid solicitation, before any annexes
or appendices.

Text:

The benefits that apply to this procurement are contained in:
Section 5.7, Tr'ondëk Hwëch'in Final Agreement (THFA),
clauses:

17.14.2.2 Government shall provide written notice to the Tr'ondëk
Hwëch'in of any public tender for contracts associated with
Forest Resources Management within the Traditional Territory of
the Tr'ondëk Hwëch'in .

17.14.2.3 Government shall include the Tr'ondëk Hwëch'in
in any invitational tender for contracts associated with Forest
Resources Management within the Traditional Territory of the Tr'ondëk
Hwëch'in.

17.14.2.4 The Tr'ondëk Hwëch'in shall have the first
opportunity to accept any contract offered by Government, other
than by public or invitational tender, associated with silviculture
within the Traditional Territory of the Tr'ondëk Hwëch'in
upon the same terms and conditions as would be offered to others.

17.14.2.8 Government shall include a criterion for employment
of Tr'ondëk Hwëch'in or engagement of Tr'ondëk Hwëch'in
Firms in any contract opportunities associated with silviculture
in the Traditional Territory of the Tr'ondëk Hwëch'in.