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9.40.10. Procurement Strategy for Aboriginal Business and trade agreements

  1. All international trade agreements provide for set-asides for Aboriginal businesses:
    1. Article 3 of Canada’s General Notes of the WTO-AGP: provides for any set-aside or measure (including offsets) as it relates to Aboriginal peoples or business;
    2. Article 1.(d) of Annex 1001.2b in Chapter 10 of the NAFTA: provides only for set-asides for small and minority business; and
    3. Annex 19-7 (Article 2(a)) of CETA: provides for any set-aside or measure (including offsets) as it relates to Aboriginal peoples or business.

    Therefore, a procurement set aside under the Procurement Strategy for Aboriginal Business (PSAB) is not subject to the obligations of the international trade agreements.

  2. Under Article 800: Aboriginal Peoples of the Canadian Free Trade Agreement (CFTA), the CFTA does not apply to any measure adopted or maintained with respect to Aboriginal peoples. When the procurement has been set aside for Aboriginal business under PSAB, the entire procurement process is not subject to the CFTA, and the procurement no longer falls under the jurisdiction of the Canadian International Trade Tribunal (CITT).
  3. Contracting officers must insert SACC Manual clause A3002T in bid solicitations for procurements that have been set aside under PSAB, when the procurement would have been otherwise subject to one or more trade agreements.