Guide on Government
Contracts in the Nunavut
Settlement Area
WITHOUT PREJUDICE
Dec 20, 2019
Guide on Government Contracts in the Nunavut Settlement Area.
P4-91/2019E-PDF
978-0-660-33374-8
To all readers:
Please note that this Guide is still subject to ongoing consultations between Canada and
Nunavut Tunngavik Incorporated (NTI), the Designated Inuit Organization (DIO) for the
Inuit of Nunavut, and is currently only being provided in draft form. As of the eective date
(December 20, 2019), the Directive is fully in eect, but the guidance is not yet nalized.
However, ocials may use the Guide with the understanding that it may evolve as
consultations continue.
Because of its draft nature, it is recommended that anyone using this Guide refrain, as
much as possible, from generating oine/printed copies and instead rely upon the latest
version posted online, available at: https://buyandsell.gc.ca/for-government/buying-for-
the-government-of-canada/plan-the-procurement-strategy#nunavut-directive
Thank you.
ii
CONTENTS
Executive Summary 1
Chapter 1: Introduction 3
1.1 Purpose of this Guide 3
1.2 Applicability 3
1.3 Objective and Expected Results 4
1.4 Modern Treaties in Canada 5
1.5 The Nunavut Agreement and the Directive 5
1.6 ATRIS 6
1.7 Trade Agreements 6
1.8 Inuit Firm Registry (“the IFR”) 7
1.9 Nunavut Inuit Enrolment List 8
1.10 File Documentation 8
1.11 Roles and Responsibilities 9
Chapter 2: Procurement Planning 11
2.1 Check the IFR 11
2.2 Additional Market Research and Engagement Activities 12
2.3 Structuring 13
2.4 Unbundling 15
Chapter 3: Procurement Process Determination 17
3.1 Process Determination (i.e., limited bidding among Inuit rms on the IFR,
open tender, sole-sourcing, etc.) 17
Chapter 4: Inuit Benets Criteria/Nunavut Benets Criteria (IBC/NBC) 19
4.1 What are IBC/NBCs? 19
4.2 When to Use IBC/NBC Criteria 20
4.3 Components 20
4.4 Weighting 21
4.5 The Sub-Criteria 22
Chapter 5: The Solicitation Documents 23
5.1 The Importance of IBC/NBC 23
5.2 General Guidance 23
Contents
iiiGuide on Government Contracts in the Nunavut Settlement Area
5.3 Principles Related to Evaluation and Scoring 23
5.4 Principles Related to Reporting 24
Chapter 6: The Procurement 25
6.1 Building the Solicitation Document 25
6.2 Notices and Methods of Solicitations 26
6.3 Contract Development 27
6.4 When to Not Proceed to Award 28
Chapter 7: Monitoring and Reporting 29
7.1 Monitoring IBC/NBC Benet Delivery 29
Chapter 8: Special Procurements 31
8.1 Special Permits and Access to Water of Settlement Lands during Contract Period 31
8.2 Sole Sourcing 31
8.3 Emergency Procurements 32
8.4 Application of Other Indigenous Policies in the NSA 32
8.5 Standing Oers, Supply Arrangements (SO/SA), and Task Authorizations (TA) 33
8.6 Right of rst refusal and preference 33
Chapter 9: Additional Support and Guidance 35
9.1 Resources 35
9.2 Contact List of Nunavut Agreement Inuit Associations and Corporations 35
Annex A: Engagement 36
Annex B: Determining Final Delivery Points 39
Annex C: Supplier IBC/NBC Reporting Template 41
C.1 Inuit Benets Criteria (IBC) 41
C.2 Nunavut Benets Criteria (NBC) 44
Annex D: Obligations Checklist 46
Annex E: Notice of Proposed Procurement 47
Annex F: IFR Decision Tree 48
Annex G: IBC/NBC Criteria 49
1Guide on Government Contracts in the Nunavut Settlement Area
Executive Summary
Note:
In the text of the Nunavut Land Claims Agreement (Nunavut Agreement) and the Directive on
Government Contracts, Including Real Property Leases, in the Nunavut Settlement Area, the term
“solicit” means “to request bids from a limited number of businesses based on some form
of prequalication,” and the term “invite” means “to call publicly for bids.” In context of
federal procurement, the term “solicit” can carry other meanings, including “to call publicly
for bids,” and the term “invite” means to “request bids from a limited number of businesses”.
Throughout, this guide uses these terms as they are commonly understood in the context
of federal procurement.
Introduction
Canada signed a Comprehensive Land Claims Agreement (CLCA), with the Inuit of Nunavut
in 1993, the Nunavut Land Claims Agreement (Nunavut Agreement). The Nunavut Agreement
includes obligations related to Government Contracts (including Real Property Leases)
in the Nunavut Settlement Area (NSA). In support of this objective, the government
committed under Article 24 of the Nunavut Agreement to provide reasonable support and
assistance to Inuit rms to enable them to compete for government contracts, which
includes supply of goods and services, construction and real property leases. The new
Treasury Board Directive on Government Contracts, Including Real Property Leases, in the
Nunavut Settlement Area (the Directive), prescribes procurement measures designed to
provide that support and assistance.
This guide provides federal government Contracting Authorities (CAs) and Business
Owners (BOs – formally called Technical Authorities) with advice on how to carry out
the obligations of the Directive, and will assume a general understanding of Canada’s
procurement process, focusing explanations on areas where the Directive represents
signicant departures from the default procurement approach. As a primer, below is a
quick description of the approach mandated by the Directive and it is hoped this will be
helpful in understanding the context for more detailed descriptions later in the guide.
Key Changes to the Procurement Process in the NSA
The Directive represents a shift in Canada’s contracting policy for procurements where the
deliverables of a contract, or even a portion of them, are to be delivered or performed within
the NSA. It is important that BOs and CAs thoroughly understand the Directive as it also imposes
obligations upon them, with mandatory procedures and documentation requirements that
begin to apply very early in the procurement planning process.
2
The Directive prescribes procedures that may be unfamiliar and quite new for many BOs
and CAs. For example, federal government contracts in the NSA are to be limited to Inuit
rms registered on the Inuit Firm Registry (IFR), also called the Inuit Firm List, maintained
by Nunavut Tunngavik Inc. (NTI), limited bidding is mandatory in certain circumstances, and
mandatory bid evaluation weighting is prescribed to emphasize Inuit involvement.
For each federal government contract in the NSA, the Directive looks to generate
competitive bidding opportunities for Inuit rms by, among other things, unbundling
the requirement (potentially into several contracts), and taking other steps in an eort
to provide reasonable opportunities for Inuit rms to submit bids. In determining the
capacity of Inuit rms, additional market research may be required – more on complicated
contracts, and less on simpler contracts. Once a determination can be made about how
many Inuit rms on the IFR are listed for that commodity or service, that information
(along with estimated contract value) is used to determine the procurement process
(sole‑source, limited to Inuit rms on the IFR, open bidding, etc.) that must be selected.
The Directive also includes a mandatory requirement that point-rated bid evaluation
criteria be included for all contracts over $100k. These Inuit Benets Criteria (IBC) and
Nunavut Benets Criteria (NBC) are used, alongside price and technical criteria, in
evaluating bids and selecting a successful prime bidder.
Executive Summary
3Guide on Government Contracts in the Nunavut Settlement Area
Eective Date: December 20, 2019
The Directive takes eect on December 20, 2019, and it applies to all federal government
contracts where the deliverable(s), or a portion of the deliverable(s), include nal delivery
or performance in or into the NSA (see section 3.3 of the Directive). If it is unclear whether
a government contract falls within the area of the NSA, please see guide section 1.6,
Aboriginal and Treaty Rights Information System (ATRIS). For additional guidance examples
that illustrate various scenarios when the requirements of the Directive apply, see Annex B:
Determining Final Delivery Points of this document.
The Directive applies to departments and agencies listed in Schedules I, I.1 and II of the
Financial Administration Act (FAA) with the exception of the Canada Revenue Agency, and to
Commissions established pursuant to the Inquiries Act that are designated as departments
for the purposes of the FAA.
The Directive does not apply to Crown Corporations. However, the Government of Canada
will notify these organizations of the Directive and make internal government guidance
(including this guide) available to these Crown Corporations.
In the event of a conict between a requirement in the Directive and a requirement in any
other Treasury Board or departmental policy instrument, the requirement in the Directive
will apply. In the event of a conict between a requirement in the Directive and a legal
obligation, including an obligation under the Nunavut Agreement, the legal obligation will
apply (see section 3.4 of the Directive).
Canada has various procurement obligations arising from multiple Comprehensive Land Claims
Agreements (CLCAs). Procurement requirements which span multiple CLCA areas must be
given special consideration to determine how the various CLCAs interact, ensuring that the
application of the Directive does not conict with Canada’s CLCA obligations.
The Directive fullls Canada’s commitment to develop, implement and maintain
procurement policies respecting Inuit rms for all Government of Canada contracts
and real property leases required in support of its activities in the NSA. The purpose of
this government-wide guide is to both operationalize the Directive, and provide specic
guidance on best practices in order to meet its requirements.
Chapter 1:
Introduction
1.1 Purpose of this Guide
1.2 Applicability
4
BOs/CAs should consult their departmental legal services unit for additional advice on how
to proceed.
Note: The Directive also applies to real property leases in the NSA. Questions regarding
real property leasing in the NSA may be directed to: TPSGC.SILocationNunavut-
RPSNunavutLeasing.PWGSC@tpsgc-pwgsc.gc.ca.
Objective
In accordance with Article 24 of the Nunavut Agreement, the objective of the Directive is
to provide reasonable support and assistance to Inuit rms in order to enable them to
compete for government contracts, including real property leases (see section 5.1 of the
Directive).
Expected Results
The Directive and its implementing measures reect the expected results of Article 24 and
are, to the extent possible, as follows:
• Increased participation by Inuit rms in business opportunities in the NSA economy;
• Improved capacity of Inuit rms to compete for government contracts and real
property leases in the NSA; and
• Employment of Inuit at a representative level in the NSA workforce (see section 5.2
of the Directive).
In the Nunavut Settlement Area, the Government of Canada’s contracting activities provide
both an important opportunity for Inuit rms to compete for government contracts,
including real property leases, and for Inuit to participate in employment, training and
business opportunities created by those activities. This is reected in the requirements
related to Inuit Benets Criteria and Nunavut Benets Criteria (discussed later in Chapter
4). In short, those requirements fall under the following IBC/NBC components:
IBC
• Inuit Employment;
• Inuit Training and Skills Development; and
• Inuit Ownership (of prime/sub-contractors), or
NBC
• Location in the NSA (Head oces, administrative oces, or other facilities).
The guide provides more detailed instructions and guidance to help CAs and BOs to
eectively implement the Directive, comply with the procurement obligations of the
Nunavut Agreement and achieve the expected results of both. It is expected that the
procurement obligations from the Nunavut Agreement will be more consistently applied
across the federal government by following the provisions of this guide.
1.3 Objective and Expected Results
Chapter 1: Introduction
5Guide on Government Contracts in the Nunavut Settlement Area
Modern Treaties (also known as Comprehensive Land Claims Agreements) are legally-
binding agreements, clarifying rights regarding title to land and resources that are
Constitutionally-protected within section 35 of the Constitution Act, 1982.
The Nunavut Agreement was signed on May 25, 1993, and addresses a broad range of
aspects such as wildlife management, harvesting rights, land, water and environmental
management regimes, etc. Article 24, titled “Government Contracts”, contains the
obligations of the Nunavut Agreement pertaining to government contracting in the NSA that
resulted in the Directive.
Area of Coverage
The obligations of the Nunavut Agreement and the Directive apply in the NSA which falls
both north and south of the 60th parallel and includes districts of:
Franklin (central Nunavut), Keewatin (south-central Nunavut, northwest coast of Hudson’s
Bay area), Ban Island (southeast portion of Nunavut) and Ellesmere Island (northern
portion of Nunavut). Includes (but is not limited to) Arctic Bay, Arviat, Baker Lake, Bathurst
Inlet, Cambridge Bay, Canadian Forces Station (CFS) Alert, Cape Dorset, Chestereld
Inlet, Clyde River, Eureka, Gjoa Haven, Grise Fiord, Hall Beach, Igloolik, Iqaluit, Kimmirut,
Kugluktuk, Nanisivik, Pangnirtung, Pelly Bay, Pond Inlet, Qikiqtarjuaq, Rankin Inlet, Repulse
Bay, Resolute, Sanikiluaq, Taloyoak, Umingmaktok and Whale Cove.
Figure 1: Map that provides a general idea of the NSA.
1.4 Modern Treaties in Canada
1.5 The Nunavut Agreement and the Directive
British
Columbia
Alberta
Saskatchewan Manitoba
Ontario
Quebec
Nova Scotia
Prince Edward Island
Newfoundland
and Labrador
New Brunswick
Northwest
Territories
Yukon
Territories
Hudson Bay
Nunavut Land Claims
Agreement (1993)
6Chapter 1: Introduction
The Aboriginal and Treaty Rights Information System (ATRIS) is used to determine if a
government contract, based on the nal delivery point(s), is within the NSA. ATRIS is
intended to provide up‑to‑date, site‑specic information on the potential or established
Indigenous or Treaty rights of Indigenous peoples across Canada.
ATRIS is a web-based information system that locates Indigenous communities and
displays information relating to possible Indigenous or treaty rights applicable to those
areas. This system can also provide contact information for communities and leadership
of Indigenous Peoples in a proposed project area. For the purposes of BOs and CAs, ATRIS
is a searchable map that can be used to help determine whether a contractual deliverable
falls within the area of the Nunavut Agreement.
Step-by-Step Instructions
* Microsoft Edge Browser is preferred; Chrome also works
1. Go to the ATRIS search page
2. On the “Search By:” drop-down list, select “Postal Code” or “Map Coordinates”
3. Type the relevant information into next eld, or select the appropriate item from each
drop-down list as required
4. This Directive applies if the Comprehensive Search Results include “Nunavut Land
Claims Agreement (1993) (Modern Treaty Areas)”
The Directive imposes several mandatory obligations on BOs and CAs which may appear
at rst glance to conict with trade obligations in some instances. However, all the Trade
Agreements to which Canada is currently a signatory, contain varying language allowing
exemptions for measures related to Indigenous businesses or peoples.
1.6 ATRIS
1.7 Trade Agreements
7Guide on Government Contracts in the Nunavut Settlement Area
The Nunavut Tunngavik Inc. (NTI), who is the appointed Designated Inuit Organization
(DIO), is responsible for preparing and maintaining a comprehensive list of Inuit Firms
in the IFR (see Article 24.7.1 of the Nunavut Agreement). Under the Directive, the IFR plays
a central role, and must be consulted several times. The IFR also includes self-reported
information on the types of goods and services IFR rms can provide. The IFR can be found
at: http://inuitrm.tunngavik.com/.
Throughout this guide, a distinction is made between whether or not a rm is listed on the
IFR – if a rm is listed on the IFR, it is an IFR Firm; and if it is not listed, it is a non‑IFR Firm. It
is not the role of the CA or BO to determine whether a rm is Inuit.
BOs and CAs will rely on the IFR maintained by NTI to conrm whether a bidder or their
subcontractor(s) meet the denition of Inuit rm when limiting bids to Inuit rms on the
IFR, or when Inuit benets criteria are included in a solicitation or invitation to bid. Note
that IFR rms may be located within, or outside, the NSA.
For more information on limiting bids to IFR rms, see Annex F: IFR Decision Tree.
Indigenous Services Canada (ISC), can liaise with NTI to ensure the IFR is updated and can
help expedite the registration of rms onto the IFR.
IFR Checks
BOs and CAs should note that the Directive (C.2.2.1.3) requires, for all contracts over
$10,000, that the IFR be checked, and documented on le, at least 4 times:
1. When the procurement strategy is approved;
2. At contract award to an Inuit rm;
3. When the contract is amended and
4. At the end of the contract.
The reason for multiple IFR checks is to ensure that any IFR rms awarded a contract
where bids have been limited to Inuit rms on the IFR maintain their standing on the IFR
throughout the duration of the contract, as this is a contract condition (similar to security
clearance requirements). Or, when Inuit Benets Criteria are used, the IFR checks serve to
ensure that Inuit-owned subcontractors remain on the IFR. Another reason is to document
and justify an open procurement strategy in cases where there were no rms listed on the
IFR for that commodity or service, at the time the strategy was approved.
In order to document each IFR check, it is recommended that the results of each IFR search
be printed out, or a PDF of the results exported, and saved to le. It is not necessary to
preserve the entire IFR listing – only the results of the search (e.g. by company name,
keyword, or NAICS classication).
The Government Contracts Regulations (GCRs) require the competitive solicitation of
bids unless an exception is justied. An exception to the competitive solicitation of bids
is required even when bids have been limited to Inuit rms (for example, the estimated
contract value is below $40k).
1.8 Inuit Firm Registry (“the IFR”)
8Chapter 1: Introduction
The BO should document the rationale for any exception to solicit bids on le, and reference
the applicable exception under the GCRs. CAs should ensure the rationale to limit tendering
is adequately supported, and if not, consult with the business owner to determine an
appropriate procurement strategy. If agreement cannot be reached, the next level of
management should be consulted. The approved procurement strategy documented on le
should note the GCR exception and the limited tendering justication(s).
NTI maintains a list of Inuit rms (IFR) and in accordance with Article 35 of the Nunavut
Agreement, administers a list of individuals who are Beneciaries of the Nunavut Agreement.
All enrolled Nunavut Inuit are entitled to receive a Nunavut Inuit Enrolment Card,
providing evidence of their status as a Nunavut Inuk under the Nunavut Agreement.
Under the Directive, when Inuit benets criteria related to employment or training/skills
development are included in a solicitation or invitation to bid, they must be directed to
Inuit of Nunavut. BOs and CAs will rely on the Nunavut Inuit Enrolment List maintained
by the NTI to conrm whether employment or training/skills development benets were
provided to Inuit of Nunavut.
The Nunavut Inuit Enrolment List is administered by NTI through the Enrolment Division
of the Department of Human Resources, and the Community Enrolment Committees.
Contact details and enrolment information can be found on the NTI website: https://www.
tunngavik.com/programs‑and‑benets/download‑forms/inuit‑enrolment‑program/.
As standard practice for any procurement, all actions taken on a procurement must
be documented on le. This is particularly true for procurements under the Nunavut
Agreement and in certain instances the Directive requires not just documentation, but
justication. Please see Annex D: Obligations Checklist.
For more general information, CAs may also refer to the Supply Manual Section 8.5
Contract Administration.
1.9 Nunavut Inuit Enrolment List
1.10 File Documentation
9Guide on Government Contracts in the Nunavut Settlement Area
The Directive species the responsibilities of BOs and CAs, and in so doing, species their
roles in most situations. The exact nature of the BO and CA relationship can be dependent
upon the circumstances of each procurement. However, this relationship should always
be close and collaborative, given that the Directive often splits or duplicates responsibilities
between the two.
Generally, the BO is responsible for determining the technical requirements including
those in the IBC/NBC. Indigenous Services Canada (ISC) can be contacted at aadnc.
nunavutprocurement-approvisionnementaununavut.aandc@canada.ca, and will provide
advice on the contents of an IBC/NBC, as requested. The CA is responsible for reviewing the
content and structure of the IBC/NBC to ensure alignment with the rest of the solicitation or
invitation. The nalized IBC/NBC is then incorporated within the solicitation document.
The BO is responsible for evaluating technical requirements including the IBC/NBC. PSPC,
and/or ISC, can be asked to assist with the evaluation of the IBC/NBC.
1.11 Roles and Responsibilities
11Guide on Government Contracts in the Nunavut Settlement Area
The Directive imposes obligations throughout the various phases of the procurement
process, but most of the major changes of the Directive apply, from the earliest steps
of procurement planning. However, many of the obligations that arise later in the
procurement process actually ow from decisions made earlier, in the planning phase.
BOs have a crucial role in implementing the obligations set out in the Directive when
planning a federal government contract. For example, the BO must provide the CA with
the nal delivery point(s) of goods and/or services and/or construction of the requirement.
There may be instances where it is impossible to know in advance what the nal delivery
point will be and those should be handled on a case-by-case basis.
Early collaboration with CAs is encouraged to help ensure the obligations in the Nunavut
Agreement and the Directive are met. Once the CA has received the requisition from the
BO, and determined that the Directive applies, it is recommended that the BO and CA
confer to ensure that both parties share a mutual understanding of the Directive, and their
obligations which ow from it.
It should be noted that there are special exceptions under the Directive where departures
from this guidance may be required. Common exceptions are related to procurements
conducted in Parks or Conservation areas, or procurement related to Archaeological
activities. Before proceeding any further, it is recommended that CAs and BOs conduct a
quick scan of chapter 8.6 of the guide early in procurement planning process to ensure
that none of those special processes apply.
For guidance examples that illustrate various scenarios when the requirements of the
Directive apply, see Annex B: Determining Final Delivery Points of this document.
For the purposes of federal government contracting, the IFR (maintained by NTI), lists the
rms that meet the denition of Inuit rm and are eligible to be bid when bids are limited to
IFR rms. In most cases, the rst step of this stage will be to review the IFR to gain an initial
understanding of the capacity that exists in the NSA. This step should be done as early as
possible once it is known that the procurement will be performed or delivered into the NSA.
This check is always recommended as a best practice to help avoid unexpected situations
(e.g. newly‑added IFR rms) later in the procurement process. It is recommended that the
CA or BO adds that initial check in the note to le.
The outcome of the steps below will ultimately be used to help to determine precisely
what the potential is for Inuit rms to submit bids.
Chapter 2:
Procurement Planning
2.1 Check the IFR
12Chapter 2: Procurement Planning
2.2.1 Additional Market Research
As per 6.1.3 and 6.3.2 of the Directive, the level of research (and engagement) conducted
should be commensurate with the complexity, duration, value of the contract. Additional
market research is likely going to be required on larger, more complex contracts; and
needed less for smaller, simpler contracts.
For a high dollar value contract, additional engagement activities may also be taken as
required (RFIs, Bidders Conferences, etc.). This process is often iterative, and not always
linear, as some steps may need to be repeated several times.
CAs and BOs should note that all information gained from additional market research
and engagement activities must, per the Directive, also be utilized for the purposes of
determining IBC/NBC Criteria (if included). It is recommended that CAs and BOs review
Chapter 4: Inuit Benets Criteria/Nunavut Benets Criteria (IBC/NBC) of this guide before
conducting these activities.
Through IFR checks, and additional market research, the CA and BO can gather relevant
information on market capacity. As applicable to the procurement, the Directive requires
that the CA and BO identify and document the following, as per B.2.5 of the Directive:
• As per the IFR, how many Inuit Firms currently meet some or all of the operational
requirements;
• What expertise do the Inuit Firms currently have;
• The volume of business that the Inuit Firms could support;
• Where the Inuit Firms are located;
• What certications are required to meet the operational requirement, and are there
Nunavut Inuit or Inuit Firms who possess them; and
• Are there any activities planned to take place in the NSA that may aect the ability
of Inuit Firms or Nunavut Inuit to participate in the procurement opportunity? (e.g.,
hunting season, etc.)
Note: To ensure that any rms recently added to the IFR are captured, the CA and BO should
contact NTI to conrm there are no additional Inuit rms capable of performing the work.
2.2.2 Engagement Activities
As with any other procurement, the appropriate depth and scope of engagement activities
is a determination that should be made according to the individual circumstances of
each procurement (e.g. complexity, duration, dollar value, etc.), as per section 6.3.4 of
the Directive. Some procurements could require months of engagement activities, and
some procurements could require none at all. Usually, it is the CA’s role to coordinate and
organize any additional engagement activities.
If it is determined that engagement activities would be worthwhile, the BO and CA should
also consider forming an engagement team. This team could include the BO, the CA,
a representative from PSPC’s Oce of Small and Medium Enterprise (OSME), and/or a
representative from Indigenous Services Canada (ISC).
2.2 Additional Market Research and Engagement Activities
13Guide on Government Contracts in the Nunavut Settlement Area
OSME oers free seminars to businesses interested in learning about the procurement process
and how to sell goods and services to the Government of Canada. CAs are encouraged to
contact OSME early for information and guidance on possible engagement activities.
ISC will also be planning supplier workshops, often in conjunction with OSME, to explain
the intricacies of the application of the Directive, and where additional training on bid-
readiness is available.
During engagement or outreach sessions, it would be a good practice for CAs and BOs to
bring to Inuit rms’ attention that to be eligible for contracts (under either sole sourcing
or limited bidding), the rms must be listed on the IFR, and maintain their eligibility on the
list for the duration of the contract. This is also relevant in situations where an IBC/NCB is
used and an Inuit rm wishes to be considered for sub‑contracting – the prime contractor
only receives evaluation points for that Inuit subcontract if the rm is on the IFR.
For more information on engagement see Annex A: Engagement
The CA and/or the BO have obligations, where practicable and consistent with sound
procurement management, to provide all reasonable opportunities for Inuit rms to
submit bids. Among other things, this means that the local circumstances of Inuit rms
must be considered, and taken into account when structuring contracts. The date, location,
and terms and conditions for bidding must all be determined with these considerations in
mind. CAs and BOs need to be aware of the unique situation in the north, and understand
how small decisions regarding the structuring of the procurement can have a large eect
later in the procurement process. Just a few decisions in structuring could make the
dierence between there being several Inuit rms that can bid, or none.
Contracting in the north generally presents a set of challenges not always found in the
south. For example:
• Iqaluit is accessible by air and sea, and ice conditions generally only allow sealifts
between late June and late October (dates can vary from year‑to‑year, and over time);
• Cultural practices can interfere with labour availability (e.g. Caribou season starts in
August in many locations, and hunters may return to traditional lands in search of
Country/Inuit/Land food);
• Other major projects in the NSA can drain the availability of local labour over the short
term;
• High-speed internet is unreliable and can make remote coordination somewhat
challenging; and
• Bulletin board posting is more common in the north, as is letter mail correspondence
(as opposed to emails), so extra time may be required for deadlines.
2.3 Structuring
14
Cost of living, reliability of infrastructure, cultural practices, weather, sea ice, labour
availability, security requirements, and many other factors are at play. Factors such as
these must be considered at the earliest stages of the procurement planning to ensure
Inuit rms are often unfairly burdened by practices and timelines which are common
elsewhere. Also, because of the cost associated with putting together a bid, many Inuit
rms need to be selective in which contracts they bid upon. From a business perspective,
many Inuit rms are often smaller and have less capacity to put together competitive bids
quickly.
There may be a greater need for engagement activities, and those activities need to
be allowed extra time given the logistical challenges of the north. A higher level of
engagement allows for Inuit rms to better determine which contracts they wish to focus
their bidding eorts, and allows for more responsive bids.
Many Inuit rms operate in remote communities, which could result in a limited Inuit
and local workforce. At any given time, there can be ongoing mining or related business
activities, as well as traditional activities such as hunting and shing, for example. Weather
conditions can aect the ability for a potential supplier to travel or deliver in or into the
NSA. Procurement activities that occur simultaneously can aect the ability of industry
and the local workforce to participate, and this would particularly aect smaller rms.
All contracts should be analyzed to ensure that articially‑inated employment skills
requirements are removed unless they are essential to the fulllment of the contract.
BOs and CAs are encouraged to review and question standard practices and contract
requirements to determine whether they are genuine requirements, or a common practice
(e.g. “that’s how the last contract was done”) – this is particularly true, and explicitly
required under the Directive, for construction contracts.
In cases where IBC/NBC are used, CAs/BOs should also allow appropriate time for
prospective bidders to prepare their IBC/NBC Plans.
The BO can contact ISC’s regional oce in Nunavut and/or NHQ, to determine if there are
competing local activities that are likely to occur over the course of the solicitation process
or contract period. With all information in hand, the BO and CA can then assess and
address the impacts of such activities on the procurement timeline. As BOs and CAs gain
information from ongoing additional market research, the process related to each contract
may need to be re‑evaluated and possibly re‑structured (qualications, certications,
timeframes, schedules, security requirements, etc.)
BOs and CAs are to use all tools that are appropriate in the circumstances (to determine
all reasonable opportunities for Inuit rms to bid), and to document these eorts (IFR
searches, results, justication, etc.).
Chapter 2: Procurement Planning
15Guide on Government Contracts in the Nunavut Settlement Area
The CA and BO are responsible for determining whether the procurement’s operational
requirements permit, where practicable and consistent with sound procurement management,
the unbundling of a larger contract to permit for smaller and more specialized Inuit rms to
submit bids.
Unbundling may aect the procurement strategy, and the result of the process may be that,
instead of having one contract, there may now be several smaller contracts. Ideally, the
requirement would be unbundled in such a way that each of the unbundled contracts were
limited to Inuit rms on the IFR, thereby providing the maximum opportunity for Inuit rms to
submit competitive bids. Short of that, there are still many possible options that could result
from this process.
Essentially, the goal of this stage is to, wherever reasonable and practicable, design or sever
aspects of the requirement so that Inuit rms may bid on them. This may place an additional
burden on the BO, as they could potentially be managing several smaller contracts, so this
must be balanced with the dollar value and complexity of the contract and the possibility that
unbundling will provide the Inuit rms greater opportunities to bid.
Ultimately, the result of this stage needs to be a well-documented analysis about the
contract(s) as they relate to the Inuit capacity, and the number of rms on the IFR that are
available to submit bids on each contract. With this determination in hand, the BO or CA
can move to the next stage.
It is recommended that CAs and BOs make additional eorts when analyzing construction
contracts as the Directive makes specic reference to them when discussing unbundling.
2.4.1 What is Unbundling?
Many requirements are essentially, a set of smaller requirements, bundled up under
a single contract. For example, a goods requirement often contains not only a good’s
portion, but also a services portion (such as delivery of the goods) – this presents an
opportunity to unbundle the one requirement into two separate contracts. Usually,
related components such as these are bundled together in the interests of not only cost
eectiveness, but also as a best practice. In the context of the Directive, unbundling is
a process of analyzing the procurement’s operational requirements to see if there is
an opportunity to invite bids by commodity groupings, or by breaking‑o a part of the
requirement as a smaller contract package.
For example, if there is a project to construct a series of buildings in the NSA, as part of the
project, the roads and foundation platforms will need to be put in place before the buildings
are constructed. This project could be unbundled into separate procurements (e.g. roads,
foundations, buildings).
2.4 Unbundling
16
2.4.2 A Word on Unbundling (and how it is not ‘Contract Splitting’)
The TB Contracting Policy describes contract splitting as “the practice of unnecessarily
dividing an aggregate requirement into a number of smaller contracts, thereby avoiding
controls on the duration of assignments or contract approval authorities.” However,
when contracting within the NSA, BOs and CAs are required, in certain circumstances, to
unbundle – which is dierent than contract splitting.
Unbundling at rst glance may be misconstrued as contract splitting. Contract splitting
occurs when a contract is split to avoid obtaining necessary approvals. Unbundling a
contract is permissible if it is for the purposes of meeting the Directive’s requirements
and not with the intention to avoid obtaining necessary approvals. When unbundling, it
should always be conducted in a manner that is practicable and consistent with sound
procurement management and decisions should be well documented and justied.
The process of unbundling is not done in consideration of the value of each contract, but
rather the content of each contract as it relates to Inuit capacity. Because the objective
of unbundling is to provide opportunities for smaller, more specialized Inuit rms to
compete, the process requires the BO and CA to partition the requirement in relation to
Inuit capacity (through additional market research and additional engagement strategies).
The decision to unbundle is made in light of the level of probable benets delivered to
Inuit rather than where the estimated contract value falls in relation to a dollar threshold.
2.4.3 How “far” to go when Unbundling
At rst glance, unbundling can appear to be an exercise nearly without end (a goods
requirement could, in theory, be broken down to each nut and bolt) but this is not the
case. Other considerations must be taken into account, such as whether it is more
benecial to unbundle (resulting in several contracts), or to keep the one contract and
include IBC/NBC Bid Evaluation Criteria, allowing that mechanism to generate benets.
There are also likely going to be situations where unbundling is either not possible, or
not advised. Situations involving Low Dollar Value (LDV) requirements, warrantied work,
proprietary goods, and so on are less likely to lend themselves to unbundling. In any case,
the BO or CA must document their attempts to unbundle and any associated justications
Chapter 2: Procurement Planning
17Guide on Government Contracts in the Nunavut Settlement Area
Once the procurement has been structured, unbundled, and all the necessary market
research and engagement has been done and documented, the number of Inuit rms
listed on the IFR for that commodity or service can be estimated. At this stage, the CA
needs to select the procurement strategy in accordance with the Directive, which species
the contracting process that must be used. This depends on two factors, taken together:
the number of qualied Inuit rms on the IFR for that commodity or service, and the value
of the contract. These two pieces of information determine the process to use (Limited to
Inuit rms on the IFR rms, open tender, or sole source) and whether “best eorts” are to
be made to include IBC/NBC Bid Criteria, or if including them is mandatory.
General rules:
• As a default, bidding is to be limited to Inuit rms on the IFR listed for that commodity
or service, and it is only through exceptions that procurements proceed in any other
way (see 6.3.8 of the Directive);
• If there are two or more Inuit rms on the IFR for that commodity or service, then
initially, bidding must be limited to Inuit rms on the IFR; and
• CAs should note that as per standard contracting procedure, contracts may be entered
into without soliciting bids if an exception to competitive bidding under the Government
Contracts Regulations (GCRs) of the Financial Administration Act (FAA) applies.
If there are No Inuit Firms on the IFR
If there are no Inuit rms on the IFR for the commodity or service, then bids cannot be
limited to Inuit rms. The requirement may be sole sourced in accordance with the GCRs,
or solicited via open competitive tender. Best eorts are to be made to include IBC/NBC
for contracts up to $100k. Over $100k, IBC/NBC must be included as bid criteria.
If there is One Inuit Firm on the IFR
If there is only one Inuit rm on the IFR for the commodity or service, and the contract is
$25k and under, then it must either be sole sourced to that one rm, or bidding must be
limited to Inuit rms on the IFR. However, if the contract is over $25k, then it can either be
sole-sourced in accordance with the GCRs, or solicited via open competitive tender. Best
eorts are to be made to include IBC/NBCs up to $100k. Over $100k, IBC/NBC must be
included as bid criteria.
If there are Two (or more) Inuit rms on the IFR
If there are two or more Inuit rms on the IFR for the commodity or service, then bidding
must be limited among Inuit rms on the IFR. Best eorts must be made to include IBC/NBCs
up to $100k. Over $100k, IBC/NBC must be included as bid criteria. Although sole sourcing
is still possible in limited circumstances, under the GCRs.
3.1 Process Determination (i.e., limited bidding among Inuit
rms on the IFR, open tender, sole-sourcing, etc.)
Chapter 3:
Procurement Process Determination
19Guide on Government Contracts in the Nunavut Settlement Area
Depending on the estimated contract value, certain benets criteria (against which all bids
are to be evaluated) may be included via “best eorts” or may be mandatory. There are
two types of these criteria: the Inuit Benets Criteria (IBC), and Nunavut Benets Criteria
(NBC). These are used to evaluate and score bids in a similar way to price and technical
criteria. The IBC and NBC are similar and related, but not entirely the same (see section
6.3.12 of the Directive).
When dealing with IBCs/NBCs, there are 3 levels to consider. Each main criteria (i.e.,
IBC/NBC) contains at least one component (e.g. Inuit Employment), and each of those
components may contain several sub-criteria (e.g. Type of work). The IBC is made up of
three components: Inuit Employment, Inuit Training and Skills Development, and Inuit
Ownership (of prime or sub-contractors), all of which includes various sub-criteria. For
the NBC, there is only one component: “Location in the NSA”. This sole component may
include various sub-criteria related to whether or not the bidder or subcontractor have an
oce presence in Nunavut. Unlike the IBC, Inuit Ownership component, it does not matter
for the NBC component whether or not a rm is Inuit (or is registered on the IFR) – any
prime or subcontractor, Inuit or otherwise, may qualify for points under the NBC.
IBC/NBC bid criteria are included in the solicitation documents to incentivize rms to
develop IBC/NBC plans by conducting research similar to what the BO and CA carried
out. Each bidder will need to research the capacity that exists in the NSA, and nd
opportunities to incorporate this capacity into their IBC/NBC plan. The completion of this
capacity research is ensured by the fact that the Directive requires that the IBC/NBC Bid
Criteria be set with a default weighting in the solicitation documents: 30% of total available
points when competitive tenders are limited to Inuit rms on the IFR, and 35% of total
available points for competitive tenders not limited to Inuit rms on the IFR.
These IBC/NBC plans, created by each bidder and included as part of their bid, will
then be evaluated against the assigned weighting scheme. Then, at contract award,
the winning bidder’s plan will be imported into the contract and become part of the
successful bidder’s deliverables.
4.1 What are IBC/NBCs?
Chapter 4:
Inuit Benefits Criteria/
Nunavut Benets Criteria (IBC/NBC)
It is recommended that this
section be read in conjunction
with Annex F: IFR Decision Tree
and Annex G: IBC/NBC Criteria.
20
General rules:
• IBC/NBC criteria can only be used where there is a competitive process; (see section
6.3.13 of the Directive)
• IBC/NBC minimum weights will vary depending on whether competitive tenders were
limited to Inuit rms on the IFR (30%), or not limited to Inuit rms on the IFR (35%);
• Best eorts must be made to include IBC/NBC if open or limited bidding is used, and
the estimated contract value is between $25k‑100k;
• IBC/NBC criteria must be included if the contract is over $100k; and
• When included in a solicitation, the two criteria must always be used together, but are
to be evaluated and scored separately and independently from one another (i.e. each
bid must be evaluated against each individual criteria – one at a time).
Best eorts should be made to include all four bid criteria when practicable and in keeping
with sound procurement management principles for all competitive tenders.
Best eorts should be made to include all four components when practicable and in
keeping with sound procurement management principles for all competitive tenders (see
B.2.2 of the Directive). A copy of the evidence used to justify the inclusion of IBC/NBC,
including best eorts to include, must be documented to le by the BO for all contracts
valued above $10k in accordance with Appendix C of the Directive (see section C.2.2.1.4 of
the Directive).
The meaning of the term “best eorts” should be understood as guidance indicating
that eorts must be used to include this element in the procurement strategy. It is not
merely enough to state that an aspect was not workable or appropriate – the record/
documentation should illustrate the nature of the diculty/inappropriateness, as well
as any eorts made to overcome these challenges. If the nal determination is that
the element was not practicable or in keeping with sound procurement management
principles, that determination must be noted on le.
The main criteria, and their associated 4 components, are pre-determined by the Directive.
However, the sub-criteria are determined by the CA and BO. The IBC and NBC sub-criteria
should be informed by any earlier market research, and engagement activities. The
reasoning and justication for why these sub‑criteria were chosen must be documented.
4.2 When to Use IBC/NBC Criteria
4.3 Components
Note:
the Directive allows for some IBC/NBC components to be assigned a 0% weighting in certain
circumstances. (see B.2.14.4 of the Directive, or Annex G: IBC/NBC Criteria of the guide).
Chapter 4: Inuit Benets Criteria/Nunavut Benets Criteria (IBC/NBC)
21Guide on Government Contracts in the Nunavut Settlement Area
The Directive prescribes the weighting of each benets criteria), but does not require a
minimum dollar value of benets to be delivered. Because IBC and NBC fundamentally
operate via a process of bid evaluation, IBC/NBC can only be used where the contract is
tendered competitively.
The Directive sets a default weighting for the IBC/NBCs when used with the discretion to
weight higher if appropriate. Where bidding is limited to Inuit rms on the IFR, the default
weighting is 30%. Where bidding is not limited to Inuit rms on the IFR rms, 35% is the
default. Note the weighting can be higher, or can vary within a given range (see guide section
4.4.1 Default Weighting and Permitted Ranges, and guide Annex G: IBC/NBC Criteria).
4.4.1 Default Weighting and Permitted Ranges
The Directive sets a default weighting for each component, but also allows for these to be
varied through a range of permitted weightings, depending on the nature of the contact.
The default weighting of each component is prescribed in most cases but these can vary
for three dierent reasons:
1) Contract Type (Goods, Services or Construction Services);
2) Contract Value (Over/Under $10M); or
3) Limited bidding to Inuit rms on the IFR, or Open tendering.
Note that while the range of permitted weighting (if the lowest permissible weighting is
always selected) appears to allow for a possible outcome where the total weighting of
IBC/NBC falls below the minimum, this is not the case - the total weighting must always
respect the minimum total weight.
For procurements of Goods, the range of permitted weighting allows for the possibility
for either, or both of, “Inuit Employment” or “Inuit Training and Skills Development”
components to receive a 0% weighting. In a case where such weighting is selected, the
The Directive provides general headings and classications of benets that must be sought,
and contains some sub-criteria as suggestions. But ultimately, it falls to the CA and BO
to determine what specic sub‑criteria of IBC/NBC benets are to be demonstrated (and
evaluated) in each bid. All sub-criteria must fall under one of the 4 components:
IBC
• Inuit Employment;
• Inuit Training and Skills Development; and
• Inuit Ownership (of prime/sub-contractors), or
NBC
• Location in the NSA (Head oces, administrative oces,
or other facilities).
4.4 Weighting
22
The Directive also contains several suggested sub-criteria to further specify distribution of
evaluation points. The BO and CA may choose to use these, or dene other sub‑criteria, as
long as they reasonably fall within the 4 components (see sections B.2.9., B.2.10, B.2.11 and
B.2.12 of the Directive). Which sub-criteria to include for each component is determined with the
knowledge gained via the earlier additional market research and engagement activities.
In general, the sub-criteria selected must not only be relevant to the component (i.e.
Inuit Employment, Inuit Training and Skills Development, Inuit Ownership, or Location in
the NSA) but the criteria and the benets sought should also be realistic and achievable.
However, criteria should also be exible enough to allow for the possibility that bidders
may be able to propose additional opportunities for benets.
For example, an opportunity for an Inuit apprentice to gain hours toward certication
would be captured under Inuit Training and Skills Development. Or, a subcontract
awarded to an IFR rm would quality for evaluation points under Ownership of Prime/Sub
Contractors whereas a subcontract awarded to a non‑IFR rm is permissible, but would
not qualify for points toward the evaluation.
In terms of weighting these sub-criteria, the BO and CA should build into the solicitation
documents, criteria that speak to capacity and opportunities that exist in the NSA, but
also take into account the objective achievability or feasibility of submitted IBC/NBC plans.
Requirements that IBC/NBC plans contain sucient detail for the above assessment must
be included in the solicitation documents, and not only the bidder’s instructions.
In assigning specic weightings, the BO and CA should take into account all the factors (e.g.
the nature of the requirement, the IFR capacity, etc.).
4.5.1 The Bidder’s IBC/NBC Plan
The IBC/NBC plan is a plan, created by each bidder, and details how they will satisfy
the IBC/NBC criteria as set in the solicitation documents by the BO and/or CA. The
commitments proposed in the successful bidder’s IBC/NBC plan become contractual
obligations at contract award. The plan can be as simple or as comprehensive as
appropriate to the operational requirement, and the capacity and availability of IFR rms
and Inuit of Nunavut to participate in the procurement.
4.5 The Sub-Criteria
Chapter 4: Inuit Benets Criteria/Nunavut Benets Criteria (IBC/NBC)
component(s) is/are simply not included, but the minimum total overall weight must still
be respected. See guide Annex G.
For Services (and Construction Services), the range of permitted weighting allows for
the possibility for “Inuit Training and Skills Development” component to receive a 0%
weighting. In a case where such a weighting is selected, the component is simply not
included, but the minimum total overall weight must still be respected. See guide Annex G.
For procurements over $10M, the weighting is dened and cannot be varied within any
range. See guide Annex G.
The permitted ranges are illustrated in Annex G: IBC/NBC Criteria.
23Guide on Government Contracts in the Nunavut Settlement Area
In many respects, the solicitation will follow standard procurement processes but if IBCs/
NBCs are included among the selection criteria, there are particular aspects that must be
considered when drafting the solicitation documents.
In most cases, the quality of IBC/NBC plans received will be determined by the quality of
the solicitation documents and bidder’s Instructions, so it is important that BOs and CAs
keep in mind that there are two potential uses for a bidder’s IBC/NBC plan. First, it is used
as a selection/evaluation criteria to award points and determine who the successful bidder
is. Secondly, if successful, it is used to dene deliverables of the contract.
Care must be used, and direction provided, to ensure that bidders have enough guidance
to draft IBC/NBC plans which are t for both of those purposes.
The onus falls to the BO and CA to generate a set of bidder’s instructions and solicitation
documents that clearly illustrates what is sought from bidders in terms of IBC/NBC
Plans. When drafting solicitation documents and bidders instructions, BOs and CAs
should remember that all terms to be relied upon later (e.g. reporting timelines) must be
included in the solicitation documents and not only the bidder’s instructions. In order to
avoid confusion, it is recommended that all IBC/NBC aspects be discussed on their own,
separate from other aspects of the procurement, if possible.
In drafting the solicitation documents and bidders instructions, the BO and CA must
include suciently‑detailed guidance so that the resulting submissions will be able to:
• Speak directly to the evaluation criteria;
• Demonstrate the bidders’ ability to full the elements of the plan;
• Include information which can be substantiated; and
• Make it clear for which component each aspect of the plan is submitted.
The submissions received must allow Canada to award a score which can be justied and
defended, and also allow Canada to dierentiate between bidders, especially where bidding
has been limited among Inuit rms on the IFR.
Chapter 5:
The Solicitation Documents
5.2 General Guidance
5.1 The Importance of IBC/NBC
5.3 Principles Related to Evaluation and Scoring
24
In drafting the solicitation documents and bidders instructions, the BO and CA must be
sure to include requirements such that a successful IBC/NBC Plan, at the reporting stage
would:
• Be detailed enough to know exactly what benet was to be delivered;
• Be detailed enough to know when the benet was delivered/achieved; and
• Be supported by enough documentation/evidence to be relied-upon.
For additional guidance on reporting requirements, see Chapter 7: Monitoring and
Reporting of this guide.
5.4 Principles Related to Reporting
Chapter 5: The Solicitation Documents
25Guide on Government Contracts in the Nunavut Settlement Area
6.1 Building the Solicitation Document
6.1.1 Clauses
The following standard procurement templates contain new clauses related
to the Directive and can be found here:
https://www.gcpedia.gc.ca/wiki/Standard_Procurement_Templates
• High Complexity Bid Solicitation and Resulting Contract Template (HC)
• Medium Complexity Bid Solicitation and Resulting Contract Template (MC)
• Low Dollar Value Bid Solicitation and Resulting Contract Template (Simple)
• Request for Standing Oers (RFSO) Template
• Request for Supply Arrangements (RFSA) Template
• Request for Standing Oers Template for Canadian Collaborative Procurement
Initiative (CCPI)
Departments other than PSPC, can obtain the standard procurement templates by
contacting: TPSGC.PAOutilsdAchats-APProcurementTools.PWGSC@tpsgc-pwgsc.gc.ca.
The clauses related to the Directive are:
Solicitation clauses:
1. Nunavut Land Claims Agreement (NLCA)
2. Good standing on the Inuit Firm Registry (IFR) – Solicitation
3. Limited Bidding
4. No impediments to trade agreements
Contract clauses:
1. Nunavut Land Claims Agreements (NLCA)
2. Good standing on the Inuit Firm Registry (IFR) – Contract
3. Inuit Enrollment List
4. Reporting
a. Third Party Independent Professional
5. Holdback
For advice and guidance on specic solicitations requiring clauses related
to the Directive, please contact:
TPSGC.PAContratsNunavut-APNunavutContracts.PWGSC@tpsgc-pwgsc.gc.ca
6.1.2 Establishing the bidding period
The decision to issue a solicitation for a longer period of time than required or to extend
the solicitation period beyond the initially established closing date is a business decision
that can be made by the CA, on a case-by-case basis, taking all factors into consideration,
including the impact on meeting operational requirements.
Chapter 6:
The Procurement
26
6.2 Notices and Methods of Solicitations
Contracting authorities may use the Government Electronic Tendering Service (GETS),
telephone-buys, facsimile distribution, newspapers, or a combination of methods based
on the procurement strategy.
Increased consideration should be given to advertising the procurement opportunity in
local newspapers and/or other public venues due to the remoteness of some of the areas.
If the solicitation will not permit the submission of bids by facsimile or electronically, as a
best practice, the contracting authority should set a bidding period of sucient duration to
allow for the remoteness of the NSA and poor weather conditions which may slow down
the submission of bids by mail or courier.
Notices
When bidding is limited only to Inuit rms on the IFR, the CA must ensure that the tender
notice published on GETS makes this clear.
The Directive (6.3.5) requires that Inuit rms are included on the list of rms invited to bid
when soliciting bids for government contracts.
Note that the Directive (6.3.6) states that “where an Inuit rm has previously been awarded
a government contract, and have successfully carried out the contract, that Inuit rm must
be included in the solicitation to bid for contracts of a similar nature.”
Other Forms of Notication
The Directive also requires that all reasonable measures be taken to notify Inuit rms of
bidding opportunities (see 6.3.4, and 6.3.5 of the Directive). So, wherever feasible, and if
the BO can provide the funding, consideration should be given to posting notices of the
procurement in public places, and placing advertisements in local media such as radio and
community newspapers.
For all competitive tenders, the CA should send NTI a notice, containing the same information
that a Notice of Proposed Procurement (NPP), Advance Contract Award Notices (ACAN), Letter
of Interest (LOI), or a Price and Availability (P&A) enquiry would have contained.
For a sample notice see Annex E: Notice of Proposed Procurement
Chapter 6: The Procurement
If the solicitation will not permit the submission of bids by facsimile or electronically,
as a best practice, the CA should set a bidding period of sucient duration to allow
for the remoteness of the NSA and poor weather conditions which may slow down the
submission of bids by mail or courier. Contracting authorities should also review section
2.3 Structuring of this document when establishing both the method of submission and
the bidding period.
27Guide on Government Contracts in the Nunavut Settlement Area
6.3 Contract Development
6.3.1 Monetary Incentives and Liquidated Damages
Under the Directive, the only requirement with regard to contract performance incentives
and liquidated damages is that the contract include a holdback clause whenever IBC/
NBC criteria are included as part of the solicitation The Directive does not limit other
such options a CA may wish include in the contract. It is recommended that CAs follow
existing guidance in the Supply Manual Section 4.70.25 on when and how to use contract
performance incentives.
6.3.2 Holdbacks
Contracting authorities must include contractual provisions for a holdback (see Directive
B.2.17.3), whereby an amount is withheld under a contract, to ensure the performance
of the contract, including providing benets at the level identied in bidder’s IBC/NBC
plan. Holdbacks also help avoid overpayments in relation to the progress of work. If the
holdback method were used, once the supplier meets its obligations with respect to the
work and the IBC/NBC benets, the holdback would be released. It would be up to the CA
to make the decision whether to invoke the holdback provisions or not.
6.3.3 Taxes Payable by the Supplier when Nunavut Agreement Applies
Inuit rms like other suppliers, are required to charge HST or GST if they meet the
necessary threshold. As such, they may be required to include various taxes in their
invoices. It is a best practice for contracting authorities to accept any amount an Inuit rm
includes for a tax that is to be remitted to Revenue Canada.
6.3.4 Reporting on Contracts Subject to the Nunavut Agreement
As outlined in Appendix D of the Directive there are specic reporting requirements for
government contracts. For more detailed guidance, see standard procurement templates
in section 6.1 Building the Solicitation Document of this guide.
CAs using the Automated Buying Environment (ABE) must code all procurements subject
to the Nunavut Agreement in accordance with the steps outlined in Supply Manual Section
7.70.30 CLCA Coding.
GETS: Important to enter the information correctly as these entries are used
for statistical purposes.
28
6.4 When to Not Proceed to Award
Per 6.3.25 of the Directive, CAs must consider that an Inuit rm on the IFR is qualied to be
awarded a government contract in the NSA unless:
• The Inuit rm is not in good standing, has a demonstrably poor record of performance
on similar contracts, or the Inuit rm’s bid does not comply with the policies of the
Government of Canada, including requirements regarding security, integrity and
vendor performance;
• The Inuit rm demonstrably lacks sucient capacity to meet the technical
requirements of the government contract, or the Inuit rm cannot apply or acquire
the capacity needed to perform the work required under the contract or to deliver the
contract work on a timely basis;
• The Inuit rm’s bid does not fulll all mandatory bid criteria, including, but not limited
to, meeting or not readily meeting, the intellectual property, licensing, land ownership
or similar requirements associated with the work to be performed;
Per 6.3.26 of the Directive, CAs must ensure that the award of a government contract to a
supplier will proceed unless:
• The supplier’s bid does not fulll all mandatory bid criteria;
• The supplier’s bid does not comply with the policies of the Government of Canada,
including, but not limited to, requirements regarding security, integrity and vendor
performance;
• The supplier’s bid would result in one of the following situations:
– The Government of Canada exceeding the estimated contract value, which factors
in the cost of doing business in Nunavut, and the inclusion of Inuit benets criteria
and Nunavut benets criteria, as applicable, consistent with this Directive; or
– On reasonable and demonstrable grounds, paying a contract price for the commodity
or service that would be excessive and unjustiable after taking fully into account the
benets associated with the implementation of Article 24 of the Nunavut Agreement;
• The contracting authority does not proceed to contract award for reasonable and
demonstrable reasons unrelated to this Directive, including, but not limited to, changes
in requirements.
Chapter 6: The Procurement
29Guide on Government Contracts in the Nunavut Settlement Area
7.1 Monitoring IBC/NBC Benet Delivery
As with any contract, active and ongoing monitoring of supplier performance can help to
mitigate common contract risks by identifying issues early in the contract and facilitating
their successful resolution.
The BO must monitor compliance with the technical requirements of a contract including
any commitments to provide IBC/NBC benets in a government contract.
If performance is unclear or disputed, CAs may invoke the contractual right (mandatorily
included in the contract) to engage an independent professional to conrm that the
contractor has met the requirements regarding any work to be performed by an Inuit rm
or individuals (see section 6.3.21 of the Directive).
Any commitments made by the supplier in their IBC/NBC Plan (to provide benets to
Inuit or Inuit rms) become contractual obligations and therefore a measure of contract
performance and a condition of full payment.
For any government contract valued at over $10k, a contracting authority must collect
and retain on le a copy of any evidence provided by the contractors that they have met
their contractual obligations for the provision of IBC/NBC Benets, and any evidence of
corrective measures taken if the contractor is unable to provide such benets, as set out in
Appendix C of the Directive.
For any government contract in the NSA, BOs and CAs must demonstrate that the
Government of Canada is consistently meeting its reporting obligations under the Nunavut
Agreement and Appendix D of the Directive. To this eect, BOs and CAs must ensure
that their reports of government contracts in the NSA are completed and submitted
in accordance with Treasury Board guidelines for reporting on contracts in the NSA.
Reporting guidelines are found on the TBS website: TBS Guidelines on Reporting of
Procurement Contracts for the Treasury Board Directive on Government Contracts,
Including Real Property Leases, in the Nunavut Settlement Area.
The supplier must be contractually-obligated to provide periodic reports detailing progress
on meeting their contractual obligations with respect to IBC/NBC benets. It is a best
practice to select a reporting schedule that aligns with other reporting opportunities, and
takes into account the nature of the benet. The CA must direct the supplier to advise the
CA if there are any deviations between the contract commitments and the actual results
achieved by the supplier. To help obtain information from the supplier, consider using the
Supplier IBC/NBC Reporting Templates in Annex C of this guide.
If there are any deviations from contractual commitments, the supplier will be required
to justify any deviations in the benets achieved, providing a detailed explanation as
to whether and how the deviations will reduce the benets in quantity or quality, and
how the supplier expects to resolve the deviations. The CA will address any reduction in
benets as any other failure to meet a contractual obligation.
Chapter 7:
Monitoring and Reporting
30
The BO must monitor the supplier’s progress against commitments made in the supplier’s
IBC/NBC Plan and advise the contracting ocer should any variance occur. The CA will
determine whether to release the incentives or enforce the holdback or liquidated damages
in the contract, in consultation with the BO, legal services and taking into consideration any
mitigating circumstances and the supplier’s best eorts.
7.1.2 Contract Close-Out
In addition to regular contract close-out procedures, the CA must:
• Verify with the BO that the supplier has met all contractual obligations identied under
the Inuit and Nunavut Benets Plan;
• Verify with the BO that the final payment has been made to
the supplier;
• Ensure the le is properly documented in accordance with Appendix C of the Directive
with information on how the contracting obligations and Directive requirements were
addressed, including justications where required, for any obligations or requirements
that were not implemented; and
• Verify that the supplier is still on the IFR until the expiration of the contract.
Chapter 7: Monitoring and Reporting
31Guide on Government Contracts in the Nunavut Settlement Area
8.1 Special Permits and Access to Water of Settlement Lands
during Contract Period
8.2 Sole Sourcing
Article 21 of the Nunavut Agreement is devoted to accessing the NSA. This includes a section
indicating conditions and obligations for access by government employees, agents and
suppliers. Approval for access may include obtaining licenses, permits and/or conditions
such as reporting related to any usage of natural resources (for example, water) by the
suppliers. A permit may also be required to conduct a site visit during the solicitation
period. The necessary applications and information on the process may be obtained from
NTI by the BO.
The BO should obtain the necessary permits to allow for access/use of the designated
NSA lands. The BO should conrm and document that the necessary permits have been
obtained prior to tendering the contract. See Section 1.10 File Documentation of this
document. Any permits must be in place before contract award, but preferably before a
solicitation document is issued.
If access to water is required, there may be associated costs, and the BO would need to
address this in the estimated contract value.
If it is determined that, as an essential part of the requirement, Canada will need to
secure an interest (temporary or otherwise), the BO should seek guidance from PSPC and
potentially departmental legal counsel.
The Government Contracts Regulations (GCR) require the competitive solicitation of bids
unless an exception is justied. An exception to the competitive solicitation of bids is
required even when bids have been limited to Inuit rms.
The BO should document the rationale for any exception to solicit bids on le, and
reference the applicable exception under the GCRs. CAs should ensure the rationale to
limit tendering is adequately supported, and if not, consult with the BO to determine an
appropriate procurement strategy. If agreement cannot be reached, the next level of
management should be consulted. The approved procurement strategy documented on
le should note the GCR exception and the limited tendering justication(s).
Chapter 8:
Special Procurements
32
8.3 Emergency Procurements
8.4 Application of Other Indigenous Policies in the NSA
If a government contract must be sole sourced because there is a situation where:
• The need is one of pressing emergency including, but not limited to, an actual or
imminent life threatening situation or a disaster endangering the quality of life or
safety of Canadians, in which delay would be injurious to the public interest; or
• The nature of the work is such that it would not be in the public interest to invite bids,
including, but not limited to, national security circumstances such as procurements
indispensable for national security, or the maintenance of international peace and
security;
Then Canada will make best eorts, consistent with its operational needs, to sole source to
an IFR rm (see section 6.3.8.3.2 of the Directive).
If a contract is to be sole sourced as an emergency under the GCRs, the Directive states
that Canada must make “best eorts, consistent with its operational needs,” to sole source
to an Inuit rm on the IFR (see section 6.3.8.3 of the Directive).
Dependent on the nature of the emergency, the CA and/or the BO can still check the IFR
to conduct an accelerated assessment of the IFR capacity, and document the results of the
research. In all cases, as a best practice, regardless of which rm is awarded the contract,
CAs should notify NTI of the contract award.
The requirements of the Directive take precedence over other Indigenous procurement
policies such as the Procurement Strategy for Aboriginal Business (PSAB). Please contact
Indigenous Services Canada for additional information:
aadnc.nunavutprocurement-approvisionnementaununavut.aandc@canada.ca.
Chapter 8: Special Procurements
33Guide on Government Contracts in the Nunavut Settlement Area
8.5 Standing Oers, Supply Arrangements (SO/SA), and Task
Authorizations (TA)
When Building an SO/SA/TA to apply in the NSA
This section is still under development. It is recommended that CAs and BOs looking to
use these instruments in the NSA seek individualized advice and guidance from
TPSGC.PAContratsNunavut-APNunavutContracts.PWGSC@tpsgc-pwgsc.gc.ca.
8.6.1 Contracts in Parks
The Directive imposes specic conditions upon government contracts in parks within the
NSA. The conditions imposed depend upon the nature of the contracting activity.
Where a contract is related to the “establishment, operation or maintenance of park
facilities,” and is planned to be competed, CAs are directed to provide preferential
treatment for qualied Inuit rms (see section 6.4.1 of the Directive).
However, where a contract is related to the operation of “business opportunities and
ventures that are contracted out with respect to parks,” then the contract must be
oered to the DIO as a right of rst refusal (see section 6.4.2 of the Directive). If the oer is
refused, the rest of the guidance contained in this guide (IFR check, Structuring, IBC/NBC,
etc.) must be followed.
8.6.2 Contracts Related to Archeological Services
Whenever a contract is for archeological services in the NSA, CAs must follow certain
obligations:
• Giving preferential treatment to Inuit rms when soliciting or inviting bids; and
• Ensuring that all contractors give preferential treatment to Inuit (see section 6.4.5 of
the Directive).
8.6.3 Contracts in Conservation Areas
Whenever a contract in a conservation area, CAs must follow certain obligations (see
section 6.4.4 and 6.4.5 of the Directive):
• Giving preferential treatment to Inuit rms when soliciting or inviting bids; and
• Ensuring that all contractors give preferential treatment to Inuit.
8.6 Right of rst refusal and preference
35Guide on Government Contracts in the Nunavut Settlement Area
9.1 Resources
9.2 Contact List of Nunavut Agreement Inuit Associations
and Corporations
After reviewing this Guide, contracting authorities may seek assistance for procurements
subject to the Nunavut Agreement as follow:
• CAs may consult the Strategic Policy Sector (SPS) by sending enquiries to
TPSGC.PAContratsNunavut-APNunavutContracts.PWGSC@tpsgc-pwgsc.gc.ca for
assistance with determining how the Nunavut Agreement may aect the overall
procurement strategy. SPS can assist contracting authorities in identifying the Nunavut
Agreement contracting obligations and in developing methods of meeting them on
a case-by-case basis. When requesting assistance from SPS, contracting authorities
should provide a copy of their procurement strategy (even in draft form), or equivalent
(see annex 6.1 of the SM):
• As consultation with other subject matter experts may be necessary, contracting
authorities should involve the above contacts as early as possible; and
• An online course on Aboriginal Considerations in Procurement (#C223E) is available by
visiting the Canada School of Public Service’s GCCampus website.
Questions regarding application of the Directive to real property leasing in the NSA may be
directed to: TPSGC.SILocationNunavut-RPSNunavutLeasing.PWGSC@tpsgc-pwgsc.gc.ca
For information on Nunavut Inuit associations, please see associated Section 9.2 in the
Supply Manual, under Nunavut Agreement.
Chapter 9:
Additional Support and Guidance
36
Annex A:
Engagement
It is a best practice to include the contracting authority (CA), the business owner (BO),
and a representative from Indigenous Services Canada (ISC), on an engagement team for
planned government contracts with Inuit rms in the NSA. Normally, the CA will coordinate
and organize any engagement sessions.
The purpose of engagement sessions with Inuit rms allow for the sharing of broad, high‑level
information on procurements and feedback can then be considered within the procurement
process where practicable. Engagement activities are not to negotiate or obtain consent
for the operational requirement, evaluation methodology or procurement strategies being
considered. Engagement activities should also be clearly communicated at the outset to
ensure that the audience is aware that it is for information sharing purposes only.
Engagement sessions can be used to inform NTI and Inuit rms about large dollar value
and complex procurements, and/or to provide information in response for a Request for
Information (RFI) or a Letter of Interest (LOI).
A common format would include a presentation by the BO on the specics of the project,
and a presentation by the CA (that may include information provided by the Oce of Small
and Medium Enterprises) on the procurement process and a presentation by ISC on the
Inuit capacity and how to access information on the Directive.
To obtain support from ISC in planning and participating in an engagement session,
contact: aadnc.nunavutprocurement-approvisionnementaununavut.aandc@canada.ca.
A.1.1 Determining the Type of Engagement Event
There are various types of events that can be held, such as a meeting in a conference
room, focus group discussions, town halls etc. Based on the potential attendees,
determine the most eective way the Inuit rms and other stakeholders can be engaged.
Depending on the complexity and risk of the procurement, more than one engagement
session can be held. For example, the second engagement activity could be used to ask for
more specic feedback, if necessary.
ISC can be consulted and asked to attend these sessions, depending on the complexity of
the procurement, to advise on the applicability, evaluation, monitoring and reporting of
the procurement.
A.1.2 Organizing the Engagement
a) Identify the target groups
ISC can help to identify the target groups beyond Inuit rms and NTI. The target groups
may include the Nunavut Inuit, regional Inuit associations, and other Inuit stakeholders.
The engagement coordination team can use this information to estimate the number of
potential attendees for budget and venue purposes.
Annex A: Engagement
37Guide on Government Contracts in the Nunavut Settlement Area
b) Setting a date, time and location
Engagement sessions that are held at a time when there are other signicant activities
are occurring in the NSA may aect the ability of Inuit rms and other stakeholders to
participate, and this would particularly aect smaller rms. The BO may wish to contact
NTI, regional Inuit associations, municipal oces and ISC, to assist in determining if
there are signicant activities that may take place during the timeframe of the proposed
engagement activities.
Determine what setting is appropriate for the audience, taking into consideration the
travel distance and time commitment required.
c) Creating a budget
The BO must determine all the costs involved (e.g. facilities/room rental, audio-visual
equipment, any suppliers for meals or refreshments) and is responsible to obtain the
required approvals and funding. Each attendee at the engagement activity should be
responsible for any costs to attend the engagement sessions (for example, travel and
accommodation).
d) Creating and issuing invitations and public notices
Develop invitations and communications to publicize the event, including contact
information on how and when to RSVP. Clearly articulate the overall purpose or goal of
the engagement so attendees are aware as to why they are being asked to participate. NTI
may be able to provide input on how best to publicize the event.
e) Establishing an agenda
An agenda can be drafted once the scope of the engagement is established. It is important
to consider what kind of information is specically being sought.
For example, is information being sought on market capacity, a specic procurement
strategy or both? What type of commodity information is needed? How will the
information gathered assist in understanding the operational requirement? Would it be
helpful to provide information on the procurement process? It is important to determine
what needs to be discussed in order to obtain the required information.
f) Developing speaking points and background information
Using the agenda as a guide, prepare and collect any background material that will be
given to participants. This can be sent out to participants in advance, or provided at the
engagement activity.
Speaking notes should also be prepared, based on the agenda, and include a timeframe for
each topic of discussion. This will help to ensure all material is covered in the allotted time.
Prepare a list of questions that can be posed to attendees to ensure input is received in all
relevant areas.
It is also helpful to anticipate the types of questions that may be asked by the attendees
and have the responses prepared.
38
g) Best Practices
The following best practices will help ensure the eectiveness of the engagement session(s):
• Begin by clearly articulating the overall purpose or goal of the engagement;
• Explain how the engagement session will work – timeframes, condentiality, asking
questions, etc.;
• Provide logistical information such as washroom locations, refreshments, etc.;
• Keep the discussion on topic. “Park” ideas that are valuable but that may not be
relevant to the particular discussion at this time;
• Proactively ask questions, and summarize topics at the beginning and end of each
discussion to make sure everyone is on the same page;
• Participants can be asked to ll out a short questionnaire at the end of the
engagement to provide specic input on relevant issues;
• Take detailed meeting minutes;
• Advise participants that they will be receiving a summary of the meeting and discuss
any next steps; and
• Thank all attendees for their input.
Once the engagement session has concluded, the information gathered can be
consolidated and any follow-up action items can be completed and reported on as
appropriate. The meeting summary should be nalized and distributed to all participants
within a reasonable period of time.
Annex A: Engagement
39Guide on Government Contracts in the Nunavut Settlement Area
The following examples illustrate various scenarios when the requirements of the Directive
would and would not apply:
1. A department has an operational requirement for snowmobiles. As per the contract
terms, the contractor will deliver them to a location outside of the NSA area. At
a later time, Canada will either bring them itself or, through the use of a separate
transportation contract, to various locations in the NSA.
• This is called a “break shipment”, and the requirements of the Directive would
also apply to the initial contract because the snowmobiles would support the
department’s activities in the NSA.
2. A department has the requirement for the inventory of specic uniform accessories.
These will be purchased and stored in a location outside of the NSA. As required, the
accessories will be shipped across Canada to wherever they are needed which may or
may not be within the NSA. (Warehouse)
• The obligations of the Nunavut Agreement and the requirements of the Directive
would not apply because the requirement is for the storage of inventory in a
location outside of the NSA. It is unknown whether or not the goods will eventually
be used within the NSA.
3. A department has a requirement to conduct a survey to assess requirements for health
care for people living in the NSA. The requirement will involve contacting people in
the NSA by telephone, but there is no operational requirement for the supplier to be
physically located in the NSA.
• The obligations of the Nunavut Agreement and the requirements of the Directive
would apply given the activity is performed in Nunavut, although through a
phone and despite the fact that there is no operational requirement for a physical
presence in the NSA.
4. A department has a requirement for satellite photography of Nunavut. The digital
images will be delivered in Ottawa for use in Ottawa.
• The obligations of the Nunavut Agreement and the requirements of the Directive
would not apply as the satellite photography are taken from space, which is outside
of the NSA, and delivered outside of the NSA. The images are also not to be used in
support of Canada’s activities in Nunavut.
5. A department is contracting for the research, design, production and installation of an
exhibit in the NSA. The contract includes travel to the NSA to conduct research and to
perform the installation.
• The obligations of the Nunavut Agreement and the requirements of the Directive
would apply because at least a portion of the work will occur in the NSA.
Annex B:
Determining Final Delivery Points
40
6. A department has a requirement for the interpretation and bar coding of previously
collected plant specimen DNA. The specimens were originally collected from the NSA,
however, the additional work will not be performed within the NSA and the deliverables
will not be used to support government activities within the NSA.
• The obligations of the Nunavut Agreement and the requirements of the Directive
would not apply because no portion of this current procurement will require a
physical presence within the NSA in order conduct the work nor will it be in support
of government activities in the NSA.
7. A department has a requirement for designing and building a federal government
building in the NSA.
• The requirements of the Directive would apply because the activities will be in
support of government activities in the NSA.
Annex B: Determining Final Delivery Points
41Guide on Government Contracts in the Nunavut Settlement Area
These templates have been developed to assist CAs and BOs obtain periodic reports from
suppliers detailing progress on the delivery of their contractual obligations with respect to
IBC/NBC benets. The templates can be modied to suit specic aspects of an IBC/NBC plan.
C.1.1 Subcontracting to Inuit Firms on the IFR
Report of subcontracts entered into between the prime contractor and the subcontracted
Inuit rms on the IFR to perform work under the government contract during the
reportable time period of __date__ to __date__. Fill out the table below and return to
Canada by __date___.
Annex C:
Supplier IBC/NBC Reporting Template
C.1 Inuit Benets Criteria (IBC)
Field Denitions
1) Name of Inuit Firm on IFR
• Description: The name of the Inuit rm performing the work under the government
contract as it appears on the Inuit Firm Registry.
2) Inuit Firm ID
• Description: The identication number associated to the Inuit rm performing the
work under the government contract as it appears on the Inuit Firm Registry (for
example IFR1234).
3) Total Dollar Value
• Description: The total dollar value in CAD of subcontracts entered into between the
prime contractor and the subcontracted Inuit rms on the Inuit Firm Registry during
the reportable time period.
Name of Inuit Firm on IFR Inuit Firm ID Total Dollar Value
Total
42Annex C: Inuit Benet Plan (IBP) Templates
C.1.2 Inuit Employment
Report on employment of Inuit labour under the government contract during the
reportable time period of __date__ to __date__. Fill out the table below and return to
Canada by __date___.
Name of Inuit Employee Beneciary
Number
Employment
Type
Total
Hours
Worked
Total
Dollar
Value
Paid
Total
Field Denitions
1) Name of Inuit Employee
• Description: The name of the Inuit employee performing work under the government
contract during the reportable time period. Provide the name as it appears on the
employee’s Nunavut Inuit Enrolment Card.
2) Beneciary Number
• Description: The Inuit employee’s beneciary number as it appears on their Nunavut
Inuit Enrolment Card, providing evidence of their status as a Nunavut Inuk under the
NLCA. See NTI website for more details: https://www.tunngavik.com/programs-and-
benets/download‑forms/inuit‑enrolment‑program/.
3) Employment Type
• Description: The type of employment provided to the Inuit employee under the
government contract during the reportable time period.
4) Total Hours Worked
• Description: The total number of hours of work performed by the Inuit employee
under the government contract during the reportable time period. Provide the
information in hours and minutes (for example, 45:23).
5) Total Dollar Value Paid
• Description: The total dollar value paid in CAD to the Inuit employee for work
performed under the government contract during the reportable time period.
43Guide on Government Contracts in the Nunavut Settlement Area
C.1.3 Inuit Training and Skills Development
Report on training (including but not limited to on-the-job training) and skills development
of Inuit under the government contract during the reportable time period of __date__ to
__date__. Fill out the table below and return to Canada by __date___.
Name of Inuit Trainee Beneciary
Number
Training Type Total
Hours
Worked
Total
Dollar
Value
Paid
Total
Field Denitions
1) Name of Inuit Trainee
• Description: The name of the Inuk receiving training (included but not limited to on-the job
training) and skills development under the government contract during the reportable time
period. Provide the name as it appears on the trainee’s Nunavut Inuit Enrolment Card.
2) Beneciary Number
• Description: The Inuit trainee’s beneciary number as it appears on their Nunavut Inuit
Enrolment Card, providing evidence of their status as a Nunavut Inuk under the NLCA. See
NTI website: https://www.tunngavik.com/programs‑and‑benets/download‑forms/inuit‑
enrolment-program/.
3) Training Type
• Description: The type of training (included but not limited to on-the-job training) or skills
development provided to the Inuit trainee under the government contract during the
reportable time period.
4) Total Hours Worked
• Description: The total number of hours of training (included but not limited to on-the-
job training) or skills development provided to Inuit trainees under the government
contract during the reportable time period. Provide information in hours and minutes
(for example, 45:23).
5) Total Dollar Value Paid
• Description: The total dollar value paid in CAD to provide on-the-job training or skills
development to Inuit under the government contract during the reportable time period.
44
This template has been developed to assist procurement ocers obtain periodic reports
from suppliers detailing the delivery of their contractual obligations with respect to NBC
benets. The templates can be modied to suit specic aspects of an NBC plan.
Report on whether the vendor or subcontractors performing work under the government
contract have new or existing head oces, administrative oces or other facilities in the
Nunavut Settlement Area for the duration of the reportable time period of __date__ to
__date__. Fill out the table below and return to Canada by __date___.
Vendor Name Vendor Address in the NSA Nature of Presence in NSA
Subcontractor Name Subcontractor Address in
the NSA
Nature of Presence in NSA
C.2 Nunavut Benets Criteria (NBC)
Annex C: Inuit Benet Plan (IBP) Templates
45Guide on Government Contracts in the Nunavut Settlement Area
Field Denitions
1) Vendor name:
• Description: The name of the vendor (prime contractor) who was awarded the
government contract. Provide the names as it appears on the government contract.
2) Vendor Address in the NSA
• Description: The address of the vendor’s (prime contractor) oce or facility in the NSA
during the reporting time period. Include street address, city, province/territory, postal
code.
3) Subcontractor Name
• Description: The name of the rm subcontracted to perform work under the
government contract.
4) Subcontractor Address in the NSA
• Description: The address of the oce or facility in the NSA of the rm subcontracted
to perform work under the government contract during the reporting time period.
Include street address, city, province/territory, postal code.
5) Nature of presence in NSA
• Description: Describe the nature of the rm’s presence in the NSA and how it
demonstrates progress towards, and maintenance of, commitments made in the NBC
portion of the bidder’s IBC/NBC plan.
46
This list is not intended to be exhaustive. The CA and BO should add/remove additional
tasks as and when required to meet the needs of their specic solicitation.
The CA and the BOs are responsible for documenting all decisions on le.
Annex D:
Obligations Checklist
Annex D: Obligations Checklist
TASK
RESPONSIBILITY
Complete?
Contracting
Authority
Business
Owner
Conrm nal destination points are within the NSA.
✓ ✓
Assess whether any consultation obligations exist
in the NSA regarding the requirement and whether
there is a legal duty to consult with Inuit peoples
regarding the requirement.
✓
Fulll any consultation obligations and any legal
duties to consult.
✓
✓
Search the Inuit Firm Registry for capacity.
✓ ✓
Determine if an Inuit rm has been previously
awarded a contract for similar solicitations in the past.
✓
Unbundle solicitation requirements to increase
Inuit competition.
✓ ✓
Determine if there are any signicant activities that
may take place over the solicitation or contract
period to take into consideration for timelines.
✓
Plan engagement sessions.
✓ ✓
Structure procurements to accommodate smaller
and more specialized Inuit rms to bid.
✓ ✓
Determine if preferential treatment or a rst right
of refusal applies to the solicitation.
✓
Obtain necessary permits to allow for access/use of
designated NSA land.
✓
Include Inuit Benet Criteria/Plans, or justify why it
is not included.
✓ ✓
Notify the NTI and Nunavut Inuit rms the same
day it is posted on GETS.
✓
Evaluate bidders responses to solicitation.
✓ ✓
Notify PSPC of details of contract award.
✓
Monitoring performance.
✓
Monitoring Inuit benets achieved.
✓
Reporting.
✓ ✓
47Guide on Government Contracts in the Nunavut Settlement Area
Hello,
This is to notify you that the (DEPARTMENT NAME) has a requirement for the procurement
of (NAME GOOD, SERVICE, CONSTRUCTION REQUIREMENT) where the deliverable is into the
Nunavut Settlement Area.
You can access the solicitation on Buyandsell.gc.ca at the following link: (Provide link to
Solicitation)
Please forward this notication of procurement to any Nunavut Inuit businesses that may
be interested in submitting a proposal.
If you have any questions, please contact the Contracting Authority listed on the
Solicitation
Thank you
Annex E:
Notice of Proposed Procurement
48
Annex F:
IFR Decision Tree
Annex F: IFR Decision Tree
As per standard contracting procedure, contracts may be entered into without soliciting
bids if an exception to competitive bidding under the Government Contracts Regulations
(GCRs) of the Financial Administration Act (FAA) applies.
How many IFR Firms are
listed for the commodity
or service?
0
Sole source to
a non-IFR
Firm
Open
Bidding
2 or
more
Over
$100k
Limit Bids
to IFR
Firms only
Inclusion of IBC/NBC is Mandatory Not required to include IBC/NBC
Over
$100k
“Best Efforts” must be made to
include IBC/NBC
1
Sole source
to the IFR
Firm
Open
Bidding
Over
$100k
Limit Bids
to IFR
Firms only
Open
Bidding
Open
Bidding
Under
$25k
Under
$25k
$25 -
100k
$25 -
100k
$100k
or less
49Guide on Government Contracts in the Nunavut Settlement Area
Annex G:
IBC/NBC Criteria
COMPONENT
RANGE OF PERMITTED WEIGHTING
Limited to Inuit Firms on the IFR Open Bidding
Contracts
over $10M
(Default
Weighting)
Services and
Construction
(Under
$10M)
Goods
(Under
$10M)
Real
Property
Leases
Contracts
over $10M
(Default
Weighting)
Services and
Construction
(Under
$10M)
Goods
(Under
$10M)
Real
Property
Leases
IBC
Inuit
Employment
10% 10-15% 0-10% 0-30% 10% 10-15% 0-10% 0-30%
Inuit Training
and Skills
Development
10% 0-10% 0-10% 0-30% 10% 0-10% 0-10% 0-30%
Inuit
Ownership (of
Prime and Sub
contractors)
5% 10-15% 10-30% 0-30% 10% 10-15% 10-30% 0-30%
NBC
Location
in the NSA
5% 10-15% 5-10% 0-30% 5% 5% 5% 5%
Minimum Total
Weighting
30% 35%
