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3.50. Procurements Subject to Trade Agreements

3.50.1 General procurement

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  1. For procurements subject to one or more of Canada's trade agreements, public advertisement/notification provisions specified within the trade agreements must be followed. This includes any mini-tenders for procurements made against a supply arrangement. The procedures to be followed are generally consistent for all of the agreements. When there are inconsistencies, the contracting officer must select the provisions that demonstrate the highest example of openness, for example, the longer of two solicitation periods.
  2. The provisions for public advertisement/notification are described in each of the trade agreements, including:
    1. North American Free Trade Agreement, Article 1010: Invitation to Participate in Chapter 10;
    2. Canada-European Union Comprehensive Economic and Trade Agreement, Article 19.6: Notices;
    3. World Trade Organization - Agreement on Government Procurement, Article VII: Notices;
    4. Canadian Free Trade Agreement, Article 506: Tender Notices.
  3. For more information on determining when the trade agreements apply, see section 1.25 Agreements.
  4. With certain exceptions, competitive procurements subject to trade agreements must be advertised on the Government Electronic Tendering Service (GETS) through the Buyandsell.gc.ca Tenders site. In appropriate circumstances, potential suppliers may be contacted directly after the notice has been posted, in accordance with the procedures outlined in 4.75.35 Contacting Suppliers Directly During the Solicitation Period.

3.50.5 Applicability of trade agreements to standing offers and supply arrangements

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  1. Contracting officers must determine whether any or all of the trade agreements apply to each procurement.
  2. The applicability of the trade agreements to standing offers and supply arrangements depends on three factors:
    1. if the department for which the standing offer or supply arrangement is intended is subject to the agreement(s);
    2. if the good or service is subject to the agreement(s); and,
    3. if the total estimated value of all the call-ups (contracts) against a standing offer or all contracts under a supply arrangement (which determines the total estimated value of the offer or arrangement) is at or above the trade agreement threshold.
  3. The total estimated value is determined before tendering, at which time it is identified whether or not any of the trade agreements apply. If they do apply, SOs and SAs are solicited in accordance with the agreements.
  4. Under a Standing Offer, call-ups do not constitute separate procurements for trade agreement purposes and can be made without reference to trade agreement procedures, provided the procedures set out in the SO for making call-ups is followed.
  5. Under a Supply Arrangement, the subsequent individual contracts cannot be made under the SA without having considered, whether at the RFSA stage or at the point of placing an individual contract, trade agreement applicability and procedural obligations.
  6. For more information on determining coverage, see 1.25 Agreements.
  7. For more information on trade agreements and the use of supply arrangements, see 4.10.25.5 International Trade Agreements and Use of Supply Arrangements to 4.10.25.20 Ongoing Qualification Process.