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9.35.65. Comprehensive Land Claims Agreements and Procurement Strategy for Aboriginal Business

  1. Comprehensive Land Claims Agreements (CLCAs) must not be confused with the Procurement Strategy for Aboriginal Business (PSAB). For more information on PSAB, see section 9.40 Procurement Strategy for Aboriginal Business.
  2. In certain cases, a procurement subject to CLCA contracting obligations may also be set-aside under PSAB. The procedures for both CLCAs and PSAB set-asides can be applied to the extent that the application of a PSAB set aside does not interfere with CLCA contracting obligations. However, when the two are in conflict, the CLCA contracting obligations take precedence, as further explained below.
  3. If a procurement is subject to a CLCA and that CLCA does not include a right of first refusal, the procurement can be reserved for aboriginal businesses across Canada under PSAB while still addressing the CLCA contracting obligations, including any CLCA evaluation criteria.
  4. The act of setting aside a procurement under PSAB does not, by itself, address the CLCA procurement obligations. The various procurement obligations of the applicable CLCA will still have to be considered.
  5. A solicitation subject to a PSAB set-aside that addresses CLCA evaluation criteria must clearly define what constitutes a CLCA beneficiary to avoid confusion with the definition of "aboriginal business" under PSAB.
  6. If a procurement is reserved for CLCA beneficiaries because of a right of first refusal under that CLCA, the procurement cannot also be set-aside under PSAB. For these situations, the PSAB clauses cannot be used or modified to implement the CLCA right of first refusal. Instead, seek assistance in accordance with paragraph g.i. of section 9.35.1 General Information on Comprehensive Land Claims Agreements.
  7. To help identify sourcing capacity under a PSAB set-aside, refer to 9.40.35 Sourcing of Requirements under Procurement Strategy for Aboriginal Business (PSAB) Set-asides. As with all procurements, every reasonable effort must be made to satisfy operational requirements while obtaining best value and taking into account the principles of prudence, probity and sound contracting management.