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9.35.20. Applicability of Comprehensive Land Claims Agreement Contracting Obligations

  1. If a procurement, or a portion thereof, includes the final delivery of goods, services, and/or construction, for any department, agency or Crown corporation of the federal government, to locations covered by CLCAs, then the contracting obligations of each applicable CLCA will apply to each associated portion of the procurement. The final delivery point(s), which are not necessarily the destination addresses detailed in the requisition, determine the applicability of a CLCA, not the origin of the requisition (i.e. ordering office).
  2. There are additional cases where the CLCA procurement obligations may apply, for example:
    1. where a procurement is in support of government activities within a CLCA area; and
    2. where a procurement involves the performance of services or associated travel by the resulting contractor within a CLCA area.
    In such cases, contracting officers should seek assistance on whether CLCAs apply in accordance with subsection g. of section 9.35.1.
  3. Dollar Thresholds: A CLCA applies to any applicable procurement, regardless of dollar value.
  4. Overlaps: Some CLCAs have settlement areas that overlap with the settlement areas of other CLCAs. In these cases, the obligations of both CLCAs will apply. For example, Inuvik, Northwest Territories (NWT) is situated within the settlement areas of both the Inuvialuit Final Agreement and the Gwich'in CLCA, and so the contracting obligations of both CLCAs will apply to the portion of the procurement with deliveries to Inuvik, NWT.
  5. Urgent requirements must continue to be dealt with on a case-by-case basis, in a manner that is consistent with the provisions of the applicable CLCA. For procurements that are for pressing emergencies as defined in accordance with Treasury Board Secretariat Contracting Policy Notice 2007-4 on Non-Competitive Contracting, contracting officers should seek assistance in accordance with subsection g. of section 9.35.1.
  6. CORCAN: Procurements that are sourced through CORCAN as stores transfer orders are not subject to CLCAs
  7. Here are some examples of requirements where CLCAs would apply to the procurement:
    1. Generators for delivery to Yellowknife, Northwest Territories.
    2. Food for delivery by the contractor to a non-CLCA area, for furtherance by the client department to a CLCA area.
    3. Snowmobiles for delivery by the contractor to a non-CLCA area, where the client department would install decals to the snowmobiles and then ship them to Kuujjuaq, Quebec.
    4. An on-line map selection solution that would allow prospectors to acquire mineral claims on Crown lands in Nunavut, where the service would be made available to interested companies via the internet, and the technical infrastructure and hosting environment would be located in a non-CLCA area.
    5. An aeromagnetic survey to be performed on a CLCA area, with the only tangible deliverable being a final report to be sent to the client in a non-CLCA area.