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3.10. Competitive Contracting Process

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The Canada-United States-Mexico Agreement (CUSMA) replaced the North American Free Trade Agreement (NAFTA) on July 1, 2020. Canadian procurements are not subject to any procurement obligations under CUSMA.

  1. The Government Contracts Regulations (GCRs) require the solicitation of bids before any contract is entered into, though the GCRs do provide for exceptions to soliciting of bids.
  2. Whenever possible, contractors must be selected using a competitive process. The flexibility to depart from this approach depends on the procurement framework being followed. The type of competitive solicitation that may be used will also depend on the procurement framework.
  3. It is the contracting officer's responsibility to select the most effective process for notifying suppliers of an opportunity by taking into consideration the requirements of the trade agreements and the policies set out in the Supply Manual.
  4. For procedures relative to public advertisement and for publication of a Notice of Proposed Procurement and posting solicitation documents, see 4.75.10 Public Advertisement to 4.75.25 Procedures for Posting Solicitation Documents on GETS. For procurements not publicly advertised, see 4.75.45 Use of Source Lists. For more information on trade agreements, see 3.50 Procurements Subject to Trade Agreements.