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Public Services and Procurement Canada Advance Contract Award Notice Exceptions

  1. Contracting officers must ensure that Canada is in a position to accept a statement of capabilities before publishing an ACAN. In circumstances where there is no possibility of another supplier submitting a statement of capabilities or where Canada cannot, for program or policy reasons, accept a statement of capabilities from another supplier, then the contract should be awarded on a non-competitive basis with transparency achieved through a contract award notice. Examples of situations where an ACAN is not to be published include:
    1. when, for reasons of security or public interest, the information contained in an ACAN cannot be provided to the public;
    2. confirming orders;
    3. Corps of commissionaires, if right of first refusal applies;
    4. government direction, such as Munitions Supply Program;
    5. works of art;
    6. where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of open or selective tendering procedures;
    7. tobacco products purchased for inmates by Correctional Service Canada;
    8. regulatory body determined non-competitive service contracts (e.g. National Transportation Agency, Canadian Radio-Television and Telecommunications Commission);
    9. consolidated announcements that advertise a program consisting of several non-competitive standing offers/contracts (pharmaceutical and medical supplies are the only products currently eligible for this exclusion); and
    10. when an entity needs to procure consulting services regarding matters of a confidential nature, the disclosure of which could reasonably be expected to compromise government confidences, cause economic disruption or similarly be contrary to the public interest.
  2. In such cases, the rationale underlying the decision not to publish an ACAN should be well documented on the procurement file.