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2. Chapter 2 - Defining the Requirement and Requisition Receipt

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2.1 Requirements Definition

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  1. Defining the requirements of a procurement is the cornerstone of a successful procurement process. The contracting officer must understand completely what he/she is about to procure. There are many aspects to consider.
  2. When defining the requirement, client departments must keep in mind not only the goods and services needed, but also the legal framework regulating the goods and services being procured (see 1.15 The Legal Framework of Contracting). Client departments can save significant time and money if there is a clear and well-prepared description of what is required. Early involvement of Public Works and Government Services Canada (PWGSC) contracting officers in the process can help achieve this.
  3. Identifying the needs and carefully developing the requirements at the earliest stages of requirements definition are the greatest contribution in obtaining the right good or service and best price, and can minimize the need for changes later.
  4. Requirements are best defined in a manner that allows competition and ensures best value. Contracting officers may be able to suggest wording, which defines requirements in terms of operational requirements rather than using brand names or proprietary technical specifications.
  5. PWGSC can help client departments identify special requirements related to green procurement, security, progress reports, special packaging, transportation, bonding, etc. that suppliers may need to address in their bids.
  6. The contracting officer and the client department must work together to ensure that all concerns are addressed from the beginning of the process to receipt of the final deliverable.
  7. Writing clear and concise contractual documents, using the right words and plain language, is the best method to adopt, to obtain satisfaction and avoid disputes.
  8. For more information on the requirements definition, consult the Statement of Work Guide (available on GCpedia - Acquisitions Program Policy Suite - Procurement ProcessThe information is only accessible to federal government department and agency employees.).

2.5 Project Approvals

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Government departments and agencies are guided in the management of projects by Treasury Board (TB) Policies and Guidelines addressing ARCHIVED - Project Approval Policy and ARCHIVED - Project Management Policy. For projects that require TB approval, consideration should be given to requesting advance approval to enter into contract, along with the applicable project approval submissions. Working closely with the client at the program development stage, advance approvals may be possible, saving time and effort.

2.10 Special procurements

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A number of special procurements require a different approach when handling the requirement. On receipt of a requisition relating to any of the following programs, the contracting officer should review Chapter 9 - Special Procurements before proceeding further.

  1. Real Property Contracting;
  2. Purchases from CORCAN;
  3. United States Foreign Military Sales;
  4. Co-operative Logistics (COLOG) and Blanket Order Cases with the United States Department of Defence;
  5. Use of the Defence Production Revolving Fund and Loan Account;
  6. Canadian Commercial Corporation;
  7. Major Crown Projects;
  8. Procurement Strategy for Aboriginal Business;
  9. Comprehensive Land Claims Agreements;
  10. Public – Private Partnership (P3) procurements.

2.15 Agreement with Other Governments Departments or Agencies

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It is the mandate of Public Works and Government Services Canada (PWGSC) to provide services to departments, boards and agencies of the Government of Canada or to Crown Corporations. Section 16 of the Public Works and Government Services Canada Act further allows PWGSC to make its services available with the approval of the Governor in Council to any government, body or person in Canada, or elsewhere, if so requested by them. This means that the Act permits PWGSC to obtain an order in council to allow it to provide services, such as the procurement of goods and services, to entities that are not part of the Government of Canada. Contracting officers must consult Legal Services when they receive such a request. An agreement must be established between the entity, PWGSC and Legal Services to help with the preparation of the required order in council.

2.16 Aboriginal Consultation and Accommodation

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  1. Canada has contractual, statutory and common-law obligations to consult and, where appropriate accommodate, when Canada contemplates conduct that might adversely impact potential or established aboriginal and treaty rights.
  2. The common law duty to consult is based on judicial interpretation of Canada’s obligations in the context of existing aboriginal and treaty rights, recognized and affirmed in section 35 of the Constitution Act 1982.
  3. All federal departments and agencies are required to comply with the legal duty to consult.
  4. Whenever a procurement may impact on potential or established aboriginal and treaty rights:
    1. It is the clients’ responsibility to comply with the legal duty to consult and, where appropriate, accommodate when the proposed activity, to which the procurement relates, may adversely impact on potential or established aboriginal or treaty rights. Proposed activities could be approvals of natural resource development projects, land transactions, road construction, pipeline routes, etc.
    2. Accommodation measures may include a range of possibilities, such as: adjusting an activity; placing terms and conditions on approvals or authorizations; financial compensation; inclusion of Aboriginal benefits as part of the procurement strategy, etc.
    3. The consultation process should take place prior to the client sending the requisition to Public Works and Government Services Canada (PWGSC), as consultation and accommodation may impact the procurement strategy as a whole, including the statement of work, procurement process timeline, funding, approval level required and even the decision to proceed with the proposed activity.
    4. The contracting officer should remind the client of its obligation to consult and accommodate and encourage the client to undertake consultation with Aboriginal groups, where required.
    5. If the client asks the contracting officer to be present during the consultation process, the contracting officer may do so as an observer, or by limiting its role to providing information on the proposed procurement process. The contracting officer should not get involved in any negotiation of the procurement strategy.
  5. For further information on consultation and accommodation, clients should refer to the Government of Canada Updated Guidelines for Federal Officials to Fulfill the Duty to Consult.
  6. Consultation-related queries can be sent to Aboriginal Affairs and Northern Development Canada at cau-uca@aandc-aadnc.gc.ca.
  7. Clients can also find more information by consulting the Aboriginal and Treaty Rights Information System on the Aboriginal Affairs and Northern Development Canada’s website.

2.20 Green Procurement and Defining the Requirement

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  1. The Government of Canada is committed to implementing the Policy on Green Procurement. This is to ensure that the government cost effectively procures, operates and disposes of its assets in a manner that protects the environment and supports sustainable development objectives. This policy is all encompassing and it applies across all four stages of the procurement process, from planning and acquisition through use and disposal.
  2. The contracting officer, in assisting a client with the needs definition process, should analyze with the client what opportunities may exist to support their obligations, as well as their departmental targets related to green procurement. A key consideration is whether it is actually necessary to make the new purchase. Ultimately, avoiding a purchase will be the most environmentally preferable and economical option.
  3. Some key considerations in defining the requirement are to:
    1. evaluate the need, utilization and scale of the procurement, and reduce the need if possible;
    2. determine that the quantity requested is appropriate and definitely will be used (the feasibility of short term leasing, renting or sharing of the good should be investigated);
    3. inquire as to whether or not the requirement could be satisfied internally, through a different division or section of the organization or through government surplus supplies;
    4. combine the requirement, if appropriate, with one or several other departments to take advantage of economies of scale, to reduce packaging and to save other resources.
  4. See Annex 2.2: Green Procurement: Environmental Factors and Evaluation Indicators for factors and indicators that will aid the client in managing the resource, from planning to disposal.
  5. More information can be found in the Environmental Awareness Tool Kit under the Green Procurement Considerations in the Planning Phase, and in section 2, Planning and Identifying Requirements of the Guideline for Integration of Environmental Performance Considerations in Federal Government Procurement.
  6. Planning and Identifying Requirements will provide help in terms of planning and identifying environmental requirements to reduce or eliminate impacts on the environment.
  7. The Green Procurement Tools Web site includes valuable information such as the Completed Green Procurement Plans and the related templates, a list of green standing offers (SO), supply arrangements (SA) and contracts and a repertoire of existing contracting language related to green procurement.
  8. For commodities under the Commodity Management Policy, contracting officers must develop a green procurement plan, and procurements must be conducted in accordance with this plan.

2.25 Requisitions subject to Comprehensive Land Claims Agreements

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Contracting officers who receive a requisition that may be subject to Comprehensive Land Claims Agreements (CLCAs) must refer to 9.35 Comprehensive Land Claims Agreements (CLCAs) for information on the CLCA obligations that have to be addressed during the procurement process.

2.26 Early Engagement with Clients, Suppliers and Public Works and Government Services Canada (PWGSC) Contracting Officers

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Client departments are invited to engage with PWGSC contracting officers early in the process. This engagement may focus on different topics and may include various levels of engagement. It may be long before a signed requisition is received within PWGSC.

The early engagement with industry may also take many forms, such as issuing Letters of Interest (LOIs), Requests for Information (RFIs), one-on-one consultations with suppliers, the holding of industry days, etc. By engaging clients and suppliers through early and ongoing consultation and dialogue, contracting officers are better situated to identify the various complexities and risks associated with a client’s requirement, enabling the development of mitigation strategies. Acquiring the knowledge of the requirement and its related complexities and risk better positions all stakeholders for a successful procurement that meets the client’s needs.

Various tools are available to facilitate this early engagement. Some are listed below:

  • The Acquisitions Program Policy Suite, which provides policy instruments on topics such as engagement and communications, governance, socio-economic objectives, risk management, etc. located on GCpedia on the Acquisitions Program Policy SuiteThe information is only accessible to federal government department and agency employees. page.
  • The Procurement Library, which includes the Complexity Assessment tools as well as copies of Risk Assessments for Complexity Levels 1 through 3 inclusive in PDF format. The Procurement Library is available to PWGSC Acquisitions Branch employees only, and is available on the shared drive.
  • The Procurement Nuggets, which provide quick references on various procurement issues, located on GCpedia on the Procurement Information NuggetsThe information is only accessible to federal government department and agency employees. tab of the Acquisitions Program Policy Directorate (APPD) page.

2.30 Requisition Receipt

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  1. Client departments must complete the Requisition for Goods and Services and Construction form PWGSC-TPSGC 9200The information is only accessible to federal government department and agency employees., and submit it to a PWGSC Allocation Unit (AU). The client Requisition Checklist PWGSC-TPSGC 195The information is only accessible to federal government department and agency employees. is a tool that can assist client departments in completing the requisition and in determining the required supporting documents.
  2. Client departments must submit completed requisitions to the AU by e-mail, fax or mail, although e-mail is the preferred format. Contracting officers who receive a requisition directly from the client must forward it to the AU and inform the client department of the procedures to follow. The AU will acknowledge receipt of a requisition to the client department within one business day for electronically (e-mail) submitted requisitions, and within two business days for hard copy (fax/mail) submitted requisitions. While processing the requisition, the AU will vet the requisition received against the mandatory requirements and contact the client for any missing information as detailed in Requisition Checklist PWGSC-TPSGC 195The information is only accessible to federal government department and agency employees.. Only when all mandatory information is received, will the AU allocate the requisition to the appropriate contracting area.
  3. Within five business days of an acquisitions office's receipt of a requisition from an allocations unit, the responsible contracting officer must advise the client department that he/she has been allocated the requisition and provide the client department with his/her contact information.

2.30.1 Funding

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  1. Clients are responsible for submitting accurate requisitions and are accountable for the estimate on the requisition. The requisition approval must be in accordance with the client department's internal delegation of authority. Requisitions must be funded in Canadian currency, including Goods and Services Tax/Harmonized Sales Tax (GST/HST), and provide the information required on the PWGSC-TPSGC 9200The information is only accessible to federal government department and agency employees. form. (Note: Only government employees have access to this form). This includes procurements to be made by PWGSC organizations located outside Canada.
  2. The authorized requisitioning authority must sign the mandatory signature blocks on the requisition. One signature block signifies that the funding is provided in accordance with Section 32 of the Financial Administration Act. A procurement cannot be completed until proper funding has been provided through the requisition approval process. The other mandatory signature block signifies that the requisition is approved, the necessary approvals have been obtained, and the client request PWGSC to acquire and provide the goods, and/or services, or construction as describe in the requisition.

2.30.5 Requisition Allocation within Public Works and Government Services Canada

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  1. Client departments may direct their requisitions and price and availability (P&A) enquiries directly to the Public Works and Government Services Canada ( PWGSC) office of their choice (Canada only).
  2. When the client stipulates the PWGSC Allocations Unit of choice on the requisition, it will normally be allocated to that office. The major exceptions are:
    1. Restricted Commodities:
      Restricted Commodities include: advertising, public opinion research, production of audio visual, bulk buys for fuel and vehicles and United States Foreign Military Sales (U.S. FMS). Requisitions will be allocated as follows:
      1. when a requisition is for a Restricted Commodity, the requisition will be allocated to the headquarters ( HQ) division/section responsible for that NATO Stock Number (NSN) Goods and Services Identification Number (GSIN);
      2. when there is more than one line item of a Restricted Commodity, the requisition will be allocated to the HQ division/section responsible for the Restricted Commodity line item with the highest value;
      3. when the monetary value of the line items cannot be determined, the requisition will be allocated to the HQ division/section responsible for the GSIN code of the first line item, which represents a Restricted Commodity; and
      4. when a requirement will be sole-sourced under the U.S. FMS Program, see Chapter 9 - Special Procurements.
    2. Commodity Managers
      Where a requisition relates to a specific commodity (i.e. monitors or printers) or to a specific geographical client (i.e. Northwest Territories), PWGSC will customarily inform the client that the requisition is being forwarded to the specific commodity management office that is able to satisfy their request.
    3. Major Projects
      If the requisition is part of a major project, it will be allocated to the office responsible for that project.
  3. When a client does not specify a preference, the following rules apply:
    1. when there is only one consignee point, the requisition will be allocated to the PWGSC office closest to the consignee within the same regional sector. If the closest PWGSC office is HQ, it will be allocated in accordance with PWGSC HQ procedures;
    2. when a requisition originates in a region with more than one consignee in the same regional sector, it will be allocated to an office designated by the regional director Acquisitions;
    3. when there are multiple consignee points within the same regional sector, and the consignee points are not close to one PWGSC office, then the requisition will be allocated to an office designated by the Regional Director, Acquisitions. When the multiple consignee points are all close to the same PWGSC office, then the requisition will be allocated to that office;
    4. when consignees in two or more regional sectors appear on a single requisition, it will be allocated to the PWGSC office closest to the originator of the requisition;
    5. when there are multiple consignees where the closest PWGSC offices are in two or more regional sectors, then the requisition will be allocated to the PWGSC office closest to the originator of the requisition, based on the requisition number of the ordering office. If the closest PWGSC office is HQ, then it will be allocated in accordance with PWGSC HQ procedures;
    6. requisitions sent to HQ will be allocated to the section responsible for the greatest value of line items based on the line item NSN or GSIN; and
    7. if the value of the line items are equal, or otherwise cannot be determined, then the requisition will be allocated to the office or division/section responsible for the GSIN code for the first line item on the requisition (clients should be encouraged to enter NSN or GSIN by line item on their requisition).

2.30.10 Allocation of Work by Complexity

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  1. Each requisition undergoes an assessment to determine the Complexity Level of the procurement in order to direct the requirement into the appropriate process stream (Complexity Level 1, 2, 3, 4 or 5) and to allocate it to a contracting officer with the necessary skill set to handle the procurement.
  2. The manager (or whomever assigns the work) is responsible for determining the complexity of a requirement. Once this determination has been made, the selected Complexity Level must be documented on file (dated and signed) and entered into the Automated Buyer Environment (ABE).
  3. Should a requirement’s Complexity Level change during the course of the procurement, the decision to change the Complexity Level must be discussed with the manager and annotated on file, explaining why the change was necessary. Any change to the Complexity Level must also be updated within ABE.
  4. The definitions of the various complexities can be found in the Glossary, and the characteristics of each level are identified in Annex 2.4 Characteristics of Acquisitions Program Procurement Complexity Levels.

2.30.15 Complexity Code

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  1. The Workload Management function within the Automated Buyer Environment (ABE) must be used to enter the complexity code when allocating the requisition to a contracting officer. This information is used for reporting, making it essential that the complexity information be captured.
  2. If the complexity code changes, the modification must be updated in ABE. The contracting officer must allocate the file back to the workload manager, who then enters the appropriate code.
  3. See Annex 2.5 Entering Complexity Code into the Automated Buyer Environment for further instructions on how to assign or amend a complexity code in ABE and for examples of various scenarios and how to code them.

2.30.20 Changes to the Complexity Level

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  1. If, at anytime during the procurement process, the contracting officer believes that the procurement has been streamed incorrectly or if new factors arise that affect the complexity level, the Manager, or whomever assigned the work, is to be consulted to determine the appropriate level.
  2. If it is determined that the procurement has been streamed incorrectly, the contracting officer is to send the electronic file back to the Workload Manager where the Manager (or whomever assigns the work) will re-assign the file using the revised Complexity Code. The procurement must then follow the new process in accordance with the new complexity level.

2.35 Extract Files

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  1. At times it is necessary to separate a client's requirement as it will be procured by two different procurement groups. In this instance, the main contracting officer will create an extract file.
  2. The main file holder (the original contracting officer) must:
    1. procure items not extracted;
    2. control requisition funds;
    3. act as the coordinator for client enquiries;
    4. ensure that all procurement actions under extracted files are completed;
    5. record commitments on extracted items;
    6. request additional funds from the client, if required;
    7. process all invoices for payment by the client, and
    8. close the file once the procurement is complete.
  3. The extract file holder (the contracting officer who received the extract file) must:
    1. procure the assigned items;
    2. request funds from the main file holder after the total funding requirement has been identified;
    3. ensure that funds have been allotted before contract award;
    4. obtain the contract number from the main file holder before contract award, if the procurement is done outside of ABE, and
    5. forward to the main file holder copies of all contracts and amendments issued against an extract file, if the procurement is done outside of ABE.

2.35.1 Part Files

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When there is a need to prepare and issue more then one solicitation on a requisition main file or on an extract file, then part files may be created for each solicitation required. When part files are created under an extract file, the extract file will be treated, for record purposes, as though it were a main file.

2.40 Price and Availability Enquiries

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  1. A price and availability ( P&A) enquiry is generally received from the client and handled in the same manner as any requisition. A P&A enquiry is prepared and sent to suppliers to obtain information concerning approximate prices and availability of specific goods or services. It is used when such information is needed by PWGSC or by a client for program planning or budgetary purposes. A P&A enquiry could be made directly to selected suppliers or it may be publicly posted on the Government Electronic Tendering Service (GETS).
  2. P&A enquiries sent to suppliers, or posted on the Government Electronic Tendering Service, must clearly indicate that the request is not a bid solicitation and that there are no commitments with respect to future purchases or contracts.

2.45 Requests for Information and Letters of Interest

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Clients may request or the contracting officer may propose that a Request for Information (RFI) or a Letter of Interest (LOI) be issued to obtain feedback from industry, before finalizing the requirements definition or procurement strategy. Additional information on the RFI/LOI process may be found in 4.5.5 Request for Information or Letter of Interest.

2.50 Industrial Security Requirements

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2.50.1 Security and requisitions

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  1. All requisitions and requisition amendments for contracts, standing offers or supply arrangements that contain a security requirement must include a Security Requirements Check List (SRCL) (form TBS/SCT 350-103) and associated security guides/documents with the security clauses provided to the client by the Canadian Industrial Security Directorate (CISD). Some clients have an agreement with CISD with separate instruction. Please refer to Annex 1.3 Canadian Border Services Agency (CBSA) - Security Requirements when Public Works and Government Services Canada (PWGSC) does the procurement for requirements from CBSA.
  2. The security section of all requisitions received by PWGSC on form PWGSC-TPSGC 9200The information is only accessible to federal government department and agency employees. must be completed by the client to indicate whether or not security provisions are included in the requirement.
  3. Note that the financial systems of some departments are not yet equipped to print this section. In such a case, contracting officers can accept the previous version of the requisition form PWGSC-TPSGC 9200The information is only accessible to federal government department and agency employees. from clients as long as certification against the wording of the new security section is provided, either by replicating the new security wording (see below) in the "Special Instructions" section of the requisition, or by providing it as a separate document.
    "Requisition No. __
    Security: __
    Does this requisition include security provisions?
    ( ) No ( ) Yes
    If yes, is a Security Requirement Check List (SRCL) required?
    ( ) No ( ) Yes
    If an SRCL is required, attach the properly completed and signed SRCL to this requisition. If an SRCL is not required, but the requisition does include security provisions, explain why in the requisition.
    The Undersigned certifies that this requisition, including any attached SRCL, accurately details the security provisions of this requirement.
    Signature (mandatory) __
    Date __"
  4. The contracting officer must ensure that the completed security certification is included on each procurement file when the requisition lacks a properly completed security block.

2.50.5 Security Requirements Check List (SRCL)

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  1. The client department may complete the SRCL, either electronically via the online security requirements checklist (SRCL) service or in hard copy using the form Security Requirements Check List (SRCL) (form TBS/SCT 350-103) (PDF, 383 KB) - (Help on File Formats). To use the online service register online or contact the Contract Security Program.
  2. The online service provided by the Canadian Industrial Security Directorate (CISD) allows client departments to complete the SRCL form on the Internet in a secure environment using a Smart form, which eliminates errors. With the online service, CISD can provide the security clauses to be included in the solicitation documents before receiving the signed hard copy of the SRCL, which expedites the process. Once CISD receives the E- SRCL, its turnaround time to provide the security clauses is 2 working days as opposed to 15 working days for the hard copy. The electronic process results in the reduction or elimination of errors, in this way, it enables the production of clauses in a more timely manner.
  3. For further information, see 1.65 Policy on Government Security, 3.55 Industrial Security Requirements (Personnel or Organization) and 4.30.10 Industrial Security in Contracts or contact CISD, being the organization responsible for security screenings and clearances for PWGSC procurements.
  4. Upon receiving the SRCL, which must be attached to any requisition submitted to PWGSC, CISD will provide the client department with the appropriate security clauses to be used in the solicitation. In all cases where clarification is required, CISD will contact the client department and the departmental security officer as required. Security clauses provided for a similar solicitation should never be used without the prior authorization of CISD.

2.55 Employer-Employee Relationships

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  1. When contracting for the services of individuals, including temporary help, contracting officers should carefully review the circumstances in order to avoid establishing an employer-employee relationship which would be contrary to or in conflict with the Public Service Employment Act and common law principles dealing with employer-employee relationships.
  2. As per sections 4.1.9(e)and 16.3 Employer-employee relationships of the Treasury Board Contracting Policy, contracting officers must ensure that an employer-employee relationship will not result when contracting for the services of individuals.
  3. Criteria for assessing an employer-employee relationship have been established by the Canada Revenue Agency (CRA) and pertinent court rulings. For guidance, seek legal advice or consult the CRA publication RC 4110, Employee or Self-Employed?. If there is any uncertainty, the contract should be signed at a level higher than the individual who would normally approve the initial entry into the contract.
  4. Legal advice should be sought where it is not feasible for contracting officers to determine whether a contract is a contract for services or a contract of employment (i.e. employment status is not easily identifiable). It is ultimately the responsibility of the contracting officer to ensure that contracts do not create employer-employee relationships.

2.60 Requisition Review

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  1. Contracting officers must review all requisitions for completeness in accordance with Annex 2.1 Requisition Review before procurement action can proceed.
  2. Issues must be resolved through consultation between the client and the contracting officer. Example of issues are as follows:
    1. if a requirement is not clearly defined, then the client must be encouraged and helped to define the objectives and the performance criteria to be met. The client must be encouraged to use generic or performance specifications;
    2. any unreasonable delivery requirements or unrealistic delivery dates should be discussed;
    3. if the sole source justification provided by the client is inadequate, then the contracting officer should seek further justification. If the request cannot be substantiated to the satisfaction of the contracting officer, then the contracting officer must advise the client that the procurement will be competed, and
    4. for justified sole source requirements, the contracting officer should work with the client to develop responses to Annex 3.1 Treasury Board Questions for Sole Source. For more information on this process, see 3.15 Non-competitive Contracting Process.

2.65 Procurement Process Initiated by Client

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Public Works and Government Services (PWGSC) is sometimes asked to process requirements when the procurement process was initiated by client departments (e.g. sourcing, bidding, evaluation, selection). The client department remains responsible for all of their actions, which may or may not be in compliance with TB or PWGSC policies or applicable legislation. PWGSC will attempt to mitigate risks associated with such a requirement; however, the client department will remain responsible even if PWGSC agrees to continue or restart the procurement process. To reduce the risk of complaints and challenges associated with these procurements, the following procedures must be followed:

  1. Upon receipt of a requisition for a contract or contract amendment, where the client has already taken certain steps in the procurement process, the contracting officer must alert the manager to the situation.
  2. The contracting officer will review the procurement process already initiated by the client, to identify any deviations from standard practice or policy. The contracting officer must develop a clear understanding of all procurement-related activities that have been completed, including whether a contract has been awarded or the supplier has been given the go-ahead to commence work. Where a contract has been awarded, or the supplier authorized to proceed with the work, 2.75 Confirming Orders and Contracts Involving Pre-contractual Work will apply.
  3. In the event that some of the actions of the procurement process initiated by client departments do not adhere to the established supply policy guidelines, PWGSC may have to restart the procurement process. Whenever a contracting officer must act in a way not clearly set out in this Manual, integrity and its supporting principles provide necessary guidance (see 1.10.5 Guiding Principles).

2.70 Ratification by Treasury Board

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For information on ratification by Treasury Board, please refer to section 6.30.1 Ratification by Treasury Board.

2.75 Confirming Orders

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  1. PWGSC does not normally place contracts to confirm the actions of departments or agencies. The practice of providing such service to client departments should be discouraged to the maximum extent practical. However, it may be necessary for PWGSC to become involved because of its exclusive goods procurement authority. PWGSC may have some value to add in processing confirming orders when the work is complete.
  2. Requests for confirming orders must be evaluated and processed on the basis of the circumstances surrounding each instance. Where the request is the result of attempts to circumvent normal procurement procedures, return of the request to the client department should be a prime consideration.
  3. When the work has been completed, Legal Services will prepare a confirming order that will contain only the information necessary to document the transaction, which includes the parties, the work performed, the dates, the amount, a release and, if required, a transfer of intellectual property rights. The appropriate director or higher authority, as determined by the contract value and non-competitive contract approval authority limits, must approve the confirming orders processed by PWGSC.
  4. The client department will remain liable for any complaints resulting from their actions.
  5. For information on attaining approval for contracts involving pre-contractual work, see 6.30.10 Confirming Orders and Contracts Involving Pre-contractual Work.

Annex 2.1: Requisition Review

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  1. Has the requisition been properly directed or allocated to the appropriate office?
  2. Has the current version of the requisition form been used? (If the previous version is used, then the proper security certification must be included.)
  3. Is the requisition authorized properly, and does it contain the mandatory signatures in all signature blocks on the requisition? The client must certify that:
    1. pursuant to subsection 32(1) of the Financial Administration Act (FAA), funds are available;
    2. the requisition is approved, the necessary approvals have been obtained, and the client requests Public Works and Government Services Canada ( PWGSC) to acquire and provide the goods and/or services, including construction, described; and
    3. the requisition, including any attached Security Requirements Check List (SRCL) for which clauses have already been provided to the client by the Canadian Industrial Security Directorate (CISD), and, if applicable, the Request for Private Sector Organization Screening (PSOS) form, accurately details the security provisions of the requirement. Information on how to obtain the PSOS form can be found in section 4.30.10 Industrial Security in Contracts.
      Note: Requisitions received via e-Purchasing or via the Universal ABE Interface (U ABE I) electronic interfaces are deemed to have been properly authorized with all signatures pursuant to the Financial Administration Act (FAA).
  4. Does the estimated funding seem adequate?
  5. Are the destination/consignee codes specified?
  6. Have environmental performance considerations been addressed?
  7. Is this requirement subject to the provisions of a Comprehensive Land Claims Agreement (see 9.35 Comprehensive Land Claims Agreements (CLCAs))?
  8. Are invoicing instructions provided?
  9. Are the financial codes identified?
  10. Has the client indicated whether the requisition includes security provisions and whether a Security Requirements Check List (SRCL) is required? If no SRCL is required but security provisions are included, this must be explained.
  11. Is there support for a sole source or no-substitute request? Has the client provided responses to Annex 3.1: Treasury Board Questions for Sole Source?
  12. Are delivery lead times and schedules realistic, or will special action be required to meet delivery objectives?
  13. What could be the consequences resulting from a late delivery, and is there a need for liquidated damages provisions or other performance incentives?
  14. Is the good or service adequately defined in the requisition, attached technical documentation or statement of work?
  15. Have appropriate standards, specifications or purchase descriptions been included? If not, can an existing one be used; or
    1. is there a need for the development of a new standard, specification or purchase description?
    2. is the NATO Stock Number or the Goods and Services Identification Number ( GSIN) of the products shown?
      Note: Although clients must detail the GSIN in the requisition, due to trade agreement implications, the contracting officer must ensure the GSIN is accurate as per the commodity codes published on the Buy and Sell site.
  16. Is a design change/deviation procedure specified?
  17. Is the extent of required product quality management and assurance specified?
  18. Is the inspection or quality assurance authority specified?
  19. Does the requisition or attachments contain any clauses or conditions that conflict with any PWGSC or government contracting policies and procedures (i.e. Standard Acquisition Clauses and Conditions Manual (SACC) and Supply Manual)?
  20. Does the nature of the work include work to Canadian specifications?
  21. Does the requisition contain any form of predefined types of pricing basis?
  22. Are evaluation criteria specified and are the mandatory requirements clear?
  23. Is special production tooling or special test equipment required?
  24. Is government-furnished equipment or government-supplied materiel specified?
  25. Are there unrestricted rights to the use of technical data or are royalty payments involved?
  26. Is a trade-in specified?
  27. If radio-transmitting equipment must be acquired, has the client obtained radio frequency equipment clearance from Industry Canada? Are there other special considerations of a similar nature?
  28. If there are multiple items on the requisition, should any of these items be grouped together, or put in a part or extract file?
  29. Could repetitive items be bought on an annual basis through standing offers, supply arrangements, phased delivery, task authorization, contracts with a call-up feature, or be included as contract options for additional quantities?
  30. Are items required available on a standing offer or a supply arrangement (or a mandatory standing offer)?
  31. Has the client department included instructions concerning the treatment of any intellectual property that may result from the procurement?
  32. Has the client department claimed and substantiated exemption from taxes or duties, by referring to a certificate of exemption, or remission or drawback order in council?
  33. Are controlled goods identified?
  34. Has the client department identified the requirement as a "defence contract"as defined in the Defence Production Act
  35. Is the GSIN shown and accurate?
  36. Is the block "Current Funding"completed? Does it include the Goods and Services Tax or the Harmonized Sales Tax?
  37. Does the requirement involve contractor's access to personal records?
  38. Has the procurement been set aside under the Procurement Strategy for Aboriginal Business?
  39. Are option/extension period(s) specified/needed?
  40. Is the sole source directed to a former public servant?
  41. Is this procurement a renewal of an existing contractual arrangement for the same services, or have the services been procured before? If yes:
    1. Who is the incumbent contractor?
    2. What is the previous contract number?
    3. When does it expire?
    4. Was it procured by PWGSC or the client?
    5. Did the previous contract have special pricing or terms and conditions?

Annex 2.2: Green Procurement: Environmental Factors and Evaluation Indicators

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Client departments, with the assistance of Public Works and Government Services Canada (PWGSC), are responsible for all four stages of the procurement process, from planning and acquisition through use and disposal. The following lists are an example of aspects to be considered:

  1. Environmental Factors and Related Cost Elements
    Examples of environmental factors that should be taken into consideration in assessing value for money are provided below. These are expressed in terms of cost elements that client departments may take into consideration in the evaluation of bids. These include but are not limited to:
    1. operation costs, such as energy or water consumed by the good over its life;
    2. indirect costs (e.g. less energy efficient information technology equipment will produce more heat causing the building's air conditioning system to work harder, and increase electricity costs);
    3. administrative costs, such as complying to the Workplace Hazardous Materials Information System (WHMIS);
    4. investing up front to save costs later, such as specifying higher levels of insulation where the extra expenditure can be recovered from lower energy costs;
    5. use of refurbished parts or products, where possible;
    6. Recyclability: This is thought to be the key since purchasers can create markets for their own waste, such as paper, toner cartridges, etc., through the transformation and sale of products containing recycled materials;
    7. cost of disposal arrangements;
    8. establishing minimum environmental performance standards for commodities where there is a sufficient supplier base to support competition;
    9. where the supplier base is limited, include incentives for meeting extra environmental performance criteria; and
    10. use of contractual terms, to define environmental obligations, such as packaging take-back, use of certified recyclers for e-waste.
  2. Environmental Evaluation Indicators
    Examples of indicators that should be examined to develop evaluation criteria are as follows:
    1. Environmental Certification
      1. Has the good/service been certified through an independent program, such as the Environmental Choice Program or Energy Star?
      2. Have studies of the environmental attributes of the good been completed?
    2. Energy and Resource Efficiency
      1. Do you purchase used, remanufactured, rebuilt or refurbished goods and/or materials?
      2. Does this good make efficient use of resources and energy throughout its life cycle?
      3. Does this good reduce waste?
      4. Suppliers should be instructed to indicate if the good has any energy, water or fuel saving features, such as Power Down Mode.
      5. Are there measures to extend the useful life of the good; for example, re-use, refill, recharge, recondition?
    3. Recycled Content
      1. Does the good include post-consumer recycled content?
      2. What type and what percentage are recycled materials?
    4. Hazardous Replacement
      1. Does the supplier offer a non-hazardous replacement or alternative for this good?
      2. Does the good require Safety Data Sheets (SDS)?
    5. Performance Testing
      1. Is it possible to test the good/service, prior to purchase?
      2. Does the good meet the performance specifications?
      3. Is there any documented past performance? (For example, annual reports, environmental performance reports).
    6. Packaging
      1. Is packaging reduced to the bare minimum required to ensure that the good is delivered in perfect working condition?
      2. Can the good be acquired in bulk or concentrated form?
      3. Will the supplier remove the packaging from the site following installation?
      4. Is the packaging reusable, contain reusable parts or is it recyclable?
      5. Does the packaging material contain post-consumer recycled materials?
    7. On Site Waste Management
      1. During the project, will all waste be source separated on site and recycled?
      2. Request information and reward environmentally sound stewardship and use of certified haulers/sites.
      3. Is the good or service designed to minimize waste (for example, catering service using dishes that are made of china rather than Styrofoam)?
    8. Return for Disassembly and Recycling
      1. Does the good include a return for recycling policy?
      2. Can the good be recycled in your area?
      3. Will consumables (such as toner cartridges) be accepted for recycling?
      4. Is the good easily disassembled?
    9. Warranties
      1. What is the expected useful life span of the good?
      2. How long is the warranty, and should you purchase an extended warranty?
    10. Maintenance
      1. Is the good designed for easy maintenance and repair?
      2. Are maintenance and replacement parts readily available and reasonably priced?
      3. Is the good easy and cost effective to upgrade?
    11. Environmental Attributes of the Supplier
      1. Does the supplier have a certification or registration (for example, ISO 14001 registration)?
      2. Has the supplier received any regulatory environmental violations within the past five years?

Annex 2.3: List of Public Works and Government Services Canada allocations units

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Headquarters
Mailing address Fax number Email address
Central Allocations Unit
0A1, Portage III
11 Laurier Street
Gatineau, Quebec K1A 0S5
819-956-7827 RCNAttributionsCentralisees.NCRCentralAllocations@tpsgc-pwgsc.gc.ca
Atlantic Region
Mailing address Fax number Email address
PWGSC, Acquisitions
3 Queen Street
Charlottetown, PEI C1A 7M8
902-566-7514 PWGSC.ARRequisitionsNBPEI-RADemandesNBIPE.TPSGC@PWGSC-TPSGC.GC.CA
PWGSC, Acquisitions
P.O. Box 2247
Halifax, NS B3J 3C9
902-496-5016 ATL.NSRequisitions@pwgsc-tpsgc.gc.ca
PWGSC, Acquisitions
1045 Main Street, 3rd Floor
Moncton, NB E1C 1H1
506-851-6759 PWGSC.ARRequisitionsNBPEI-RADemandesNBIPE.TPSGC@PWGSC-TPSGC.GC.CA
PWGSC, Acquisition
Room 421, 189 Prince William St.
Saint John, NB E2L 2B9
506-636-4376 PWGSC.ARRequisitionsNBPEI-RADemandesNBIPE.TPSGC@PWGSC-TPSGC.GC.CA
PWGSC, Acquisitions
P.O. Box 4600
St.John's, NL A1C 5T2
709-772-2932 Rhonda.Manning@pwgsc-tpsgc.ca
Ontario Region
Mailing address Fax number Email address
PWGSC Acquisitions
33 City Centre Drive, Suite 480C
Mississauga, ON.  L5B 2N5
905-615-2060 ONT9200Requisitions.ONT9200Requisitions@pwgsc-tpsgc.gc.ca
PWGSC Acquisitions
86 Clarence Street, 2nd Floor
Kingston, ON K7L 1X3
613-545-8067 ONT9200Requisitions.ONT9200Requisitions@pwgsc-tpsgc.gc.ca
PWGSC, Acquisitions
Real Property Contracting
4900 Yonge Street, 12th Floor
Toronto, ON M2N 6A6
416-512-5862 ONT9200Requisitions.ONT9200Requisitions@pwgsc-tpsgc.gc.ca
PWGSC Acquisitions
PWGSC Building S-111, C114,
CFB Petawawa
Petawawa, ON K8H 2X3
613-687-6656 ONT9200PET@PWGSC-TPSGC.GC.CA
Quebec Region
Mailing address Fax number Email address
Place Bonaventure, 1st Floor
800 de la Gauchetière West, Suite 7300
South-East Portal
Montréal, QC, H5A 1L6
514-496-3822 QueRequisitionsMontreal.QueMontrealRequisitions@pwgsc-tpsgc.gc.ca
1550, D'Estimauville Avenue
Québec, QC G1J 5E9
418-648-2209 QueRequisitionsQuebec.QueQuebecRequisitions@pwgsc-tpsgc.gc.ca
Western Region
Mailing address Fax number Email address
PWGSC, Acquisitions
Requisition Receipt and Allocations
1650, 635 - 8th Ave SW
Calgary, AB T2P 3M3
403 292 5786 WST-ALLOCATION@pwgsc-tpsgc.gc.ca
Pacific Region
Mailing address Fax number Email address
Marine Procurement including purchase, construction, refit or repair of vessels for boats of all size, and other associated marine equipment:

PWGSC
401 - 1230 Government Street
Victoria, BC V8W 3X4

250-363-3960 Pac.Marine@pwgsc-tpsgc.gc.ca
Commercially available goods or services including professional services and R&Ds on Vancouver Island or in the Yukon Territory:

PWGSC
401 - 1230 Government Street
Victoria, BC V8W 3X4

250-363-0395 Pac.Vicca@pwgsc-tpsgc.gc.ca
Commercially available goods or services including professional services and R&D on the BC Mainland:

PWGSC
641 - 800 Burrrard Street
Vancouver, BC V6Z 2V8

604-775-7548 Pac.Vanca@pwgsc-tpsgc.gc.ca
For requisitions related to Real Property: Contracting {construction, maintenance and Architectural & engineering services}:

PWGSC
641 - 800 Burrard Street
Vancouver, BC V6Z 2V8

604-775-3366 Pac.Rpc@pwgsc-tpsgc.gc.ca

Annex 2.4: Characteristics of Acquisitions Program Procurement Complexity Levels

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  1. Complexity Level 1
    Complexity Level 1 Procurements include or involve one or more of the following and do not include or involve any of the criteria of Complexity Levels 2, 3, 4 and 5.
    • A call-up against a standing offer;
    • A commercially available good that is readily available in the marketplace, which may include manufacturer-supplied customizable options. Includes Commercial Off-The-Shelf (COTS) or Military Off-The-Shelf (MOTS);
    • A common service that is readily available in the marketplace, which may include supplier customized options;
    • Procurement methodologies that are tried and proven using existing conventions;
    • Departmental Standard Procurement Templates or legally approved templates;
    • Contractor selection methodology that is based on price and delivery alone, or where all criteria determining the successful bidder are objective (e.g. grid) and do not require subjective judgement.
  2. Complexity Level 2
    Complexity Level 2 Procurements include or involve one or more of the following and do not include or involve any of the criteria of Complexity Levels 3, 4 and 5.
    • Government-specified performance requirements to commercially available goods;
    • A requirement which uses existing technology/processes to achieve an innovative solution;
    • Services with subjective results (e.g. consultations, recommendations);
    • Departmental Standard or Sector procurement templates which have been modified, that introduce new custom clause(s), or that use terms and conditions other than those in the Standard Acquisition Clauses and Conditions (SACC) Manual;
    • One or more evaluation criteria to determine the successful bidder that require subjective judgment;
    • Industrial Regional Benefits (IRBs) and/or Value Propositions;
    • Vendor pre-qualification (includes establishment of Supply Arrangements);
    • Advance payments.
  3. Complexity Level 3
    Complexity Level 3 Procurements include or involve one or more of the following and do not include or involve any of the criteria of Complexity Levels 4 and 5.
    • A requirement which uses new, or a combination of new and existing, technology/processes to achieve an innovative solution and may be developmental in nature;
    • A requirement and/or procurement that is highly unpredictable due to a high level of uncertainty;
    • Untested procurement strategy.
  4. Complexity Level 4
    Complexity Level 4 Procurements involve transformational requirements that are enterprise-wide (across government) and include or involve one or more of the following elements:
    • High level of uncertainty;
    • May involve partnerships with clients and multiple stakeholders within various federal government departments, where decision-making is shared;
    • Contract administration is detailed and extensive and its success is unpredictable;
    • More than one tier of government (i.e. federal, provincial, municipal) or multiple clients/ stakeholders with decision-making authority.
    Complexity Level 4 Procurements do not include or involve any of the criteria of Complexity Level 5.
  5. Complexity Level 5
    Complexity Level 5 Procurements involve transformational requirements that affect public policy or culture (external to government) and include or involve one or more of the following elements:
    • High level of uncertainty;
    • Partnerships with clients, multiple stakeholders (internal and external to the federal government) and elected officials, to reshape public policy or introduce new public policies;
    • Decision making is shared;
    • Contract administration is detailed, extensive and highly unpredictable;
    • Ultimate success is determined by the public at large.

Annex 2.5: Entering Complexity Code into the Automated Buyer Environment

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The following chart lists the codes that must be entered into the Automated Buyer Environment (ABE) to indicate the Complexity Level of the procurement. It also lists the codes that must be entered if the Complexity Level changes.

List of Procurement Complexity Levels and the Corresponding Codes for use in ABE
Procurement Complexity Level Code in ABE’s Workload Management text field
Complexity Level 1 "1"
Complexity Level 2 "2"
Complexity Level 3 "3"
Complexity Level 4 "4"
Complexity Level 5 "5"
Changing from Complexity Level 1 to Complexity Level 2 "1,2"
Changing from Complexity Level 1 to Complexity Level 3 "1,3"
Changing from Complexity Level 1 to Complexity Level 4 "1,4"
Changing from Complexity Level 1 to Complexity Level 5 "1,5"
Changing from Complexity Level 2 to Complexity Level 1 "2,1"
Changing from Complexity Level 2 to Complexity Level 3 "2,3"
Changing from Complexity Level 2 to Complexity Level 4 "2,4"
Changing from Complexity Level 2 to Complexity Level 5 "2,5"
Changing from Complexity Level 3 to Complexity Level 1 "3,1"
Changing from Complexity Level 3 to Complexity Level 2 "3,2"
Changing from Complexity Level 3 to Complexity Level 4 "3,4"
Changing from Complexity Level 3 to Complexity Level 5 "3,5"
Changing from Complexity Level 4 to Complexity Level 1 "4,1"
Changing from Complexity Level 4 to Complexity Level 2 "4,2"
Changing from Complexity Level 4 to Complexity Level 3 "4,3"
Changing from Complexity Level 4 to Complexity Level 5 "4,5"
Changing from Complexity Level 5 to Complexity Level 1 "5,1"
Changing from Complexity Level 5 to Complexity Level 2 "5,2"
Changing from Complexity Level 5 to Complexity Level 3 "5,3"
Changing from Complexity Level 5 to Complexity Level 4 "5,4"