9.40.1. Decision to set aside a procurement under the Procurement Strategy for Indigenous Business

Attention! As the transition to CanadaBuys is ongoing, Supply Manual references to ABE are to be interpreted as a generic system reference only. Users of the SAP Ariba environment should adapt their activities accordingly.

Buyers are advised to consult the tools available on CanadaBuys for guidance and procedures on completing procurement transactions in the SAP Ariba environment.

  1. The decision to set aside a procurement under PSIB is the responsibility of the client department.
  2. There are two types of PSIB set-asides:
    1. Mandatory Set-Asides:
      1. It is mandatory to set aside a procurement under PSIB if an Indigenous population is the primary recipient or end user of the goods or services being procured and the value exceeds $5,000, provided that operational requirements, prudence, probity, best value and sound contracting management can be assured.
      2. In order for an Indigenous population to be the primary recipient or end user of the goods or services being procured, delivery does not have to be directly to the Indigenous community. For example, goods may be delivered to a government department site and later distributed to Indigenous communities, groups or individuals.
      3. For more information and examples of what constitute a mandatory set-aside under PSIB, please contact Indigenous Services Canada (ISC) by sending an email to: indigenousprocurement@sac-isc.gc.ca
      4. Under ARCHIVED - TBS Contracting Policy Notice 1996-2,
        "Indigenous Population" means
        1. an area, or community in which Indigenous people make up at least 51 percent of the population;
        2. a group of people for whom the procurement is aimed in which Indigenous people make up at least 51 percent of the group.
    2. Voluntary Set-Asides: Client departments may designate any procurement as being restricted exclusively to qualified Indigenous suppliers. Contracting officers should assist client departments in meeting their performance objectives under the program, by drawing their attention to opportunities for voluntary PSIB set-asides, when qualified Indigenous suppliers are known to exist in the marketplace.
  3. When a procurement is set aside under PSIB and no Indigenous business submitted a responsive bid/offer/arrangement, then the solicitation must be reissued, either as a set-aside once again (after the necessary adjustments to the solicitation have been made), or open to all bidders in accordance with the procedures for the applicable trade agreement(s), taking into account the relevant thresholds, and all the related applicable components, which apply to the requirement in the absence of a set-aside. This re-solicitation process will also apply when Indigenous bids/offers/arrangements are received but a contract will not be awarded in order to avoid conflicting with sound contracting principles such as best value, prudence and probity. (See 9.40.25 Sound contracting principles.)
  4. PWGSC will not unilaterally declare a procurement set-aside under PSIB. However, following receipt of a requisition above $5,000, for which an Indigenous population is the primary recipient or end user, but is not designated as a PSIB set-aside, the contracting officer should contact the client department and identify the potential omission. If the client indicates that the procurement is not to be set aside under PSIB, the file should be annotated accordingly, and the procurement may then proceed.
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