Acts and Regulations

2014-93 - Goods and Services

Section 153
Disposition versions

Full text
Limited competitive bidding - international trade agreements
2022-77
153(1)A procuring entity may use a limited competitive bidding process to procure the following goods and services:
(a) if the procuring entity operates a sporting or convention facility, goods or services procured in order to comply with an agreement that is incompatible with a trade agreement and that was entered into with an entity that is not subject to a trade agreement;
(b) goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 152(c);
(c) goods procured for representational or promotional purposes;
(d) services procured for representational or promotional purposes outside the Province;
(d.1) transportation services provided by locally owned trucks for hauling aggregate on highway construction projects;
(d.2) construction materials if it can be demonstrated that transportation costs or technical considerations impose geographical limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and premixed concrete used in the construction or repair of roads;
(d.3) marketing management consulting services;
(d.4) local food;
(d.5) goods or services financed primarily from donations; and
(e) goods and services that are strictly necessary and, for reasons of urgency brought about by an event unforeseeable by the following entities, cannot be obtained in a timely manner through an open competitive bidding process:
(i) if the Minister procures the goods and services on behalf of a Schedule A entity, the Schedule A entity;
(ii) if the Minister procures the goods and services on behalf of a Schedule B entity, the Schedule B entity;
(iii) if a Schedule B entity procures the goods and services for itself, the Schedule B entity;
(iv) if a Schedule B entity procures the goods and services on behalf of another Schedule B entity, the other Schedule B entity; or
(v) if a Schedule B entity procures the goods and services on behalf of the Minister, the Minister.
153(2)When the procurement of a good or service is subject to only one international trade agreement, the estimated value of the good or service referred to in subsection (1) shall be less than the threshold value of the trade agreement.
153(3)When the procurement of a good or service is subject to more than one international trade agreement, the estimated value of the good or service referred to in subsection (1) shall be less than the lowest applicable threshold value of the relevant trade agreements.
2019-20; 2022-77
Limited competitive bidding - international trade agreements
153(1)A procuring entity may use a limited competitive bidding process to procure the following goods and services:
(a) if the procuring entity operates a sporting or convention facility, goods or services procured in order to comply with a commercial agreement that is incompatible with a trade agreement and that was entered into with an entity that is not subject to a trade agreement;
(b) goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 152(c);
(c) goods procured for representational or promotional purposes;
(d) services procured for representational or promotional purposes outside the Province;
(d.1) transportation services provided by locally owned trucks for hauling aggregate on highway construction projects;
(d.2) construction materials if it can be demonstrated that transportation costs or technical considerations impose geographical limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and premixed concrete used in the construction or repair of roads;
(d.3) marketing management consulting services;
(d.4) local food;
(d.5) goods or services financed primarily from donations; and
(e) goods and services that are strictly necessary and, for reasons of urgency brought about by an event unforeseeable by the following entities, cannot be obtained in a timely manner through an open competitive bidding process:
(i) if the Minister procures the goods and services on behalf of a Schedule A entity, the Schedule A entity;
(ii) if the Minister procures the goods and services on behalf of a Schedule B entity, the Schedule B entity;
(iii) if a Schedule B entity procures the goods and services for itself, the Schedule B entity;
(iv) if a Schedule B entity procures the goods and services on behalf of another Schedule B entity, the other Schedule B entity; or
(v) if a Schedule B entity procures the goods and services on behalf of the Minister, the Minister.
153(2)If only one international trade agreement applies to the procurement of a good or service referred to in subsection (1), a procuring entity may only use a limited competitive bidding process if the estimated value of the good or service is less than the threshold value of the trade agreement.
153(3)If more than one international trade agreement applies to the procurement of a good or service referred to in subsection (1), a procuring entity may only use a limited competitive bidding process if the estimated value of the good or service is less than the lowest applicable threshold value of the relevant trade agreements.
2019-20
Limited competitive bidding - international trade agreements
153(1)A procuring entity may use a limited competitive bidding process to procure the following goods and services:
(a) if the procuring entity operates a sporting or convention facility, goods or services procured in order to comply with a commercial agreement that is incompatible with a trade agreement and that was entered into with an entity that is not subject to a trade agreement;
(b) goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 152(c);
(c) goods procured for representational or promotional purposes;
(d) services procured for representational or promotional purposes outside the Province; and
(e) goods and services urgently required due to unforeseen circumstances that cannot be obtained in a timely manner through an open competitive bidding process.
153(2)If an international trade agreement applies to the procurement of a good or service referred to in subsection (1), a procuring entity may only use a limited competitive bidding process if the estimated value of the good or service is no greater than 355,000 SDRs.
Limited competitive bidding - international trade agreements
153(1)A procuring entity may use a limited competitive bidding process to procure the following goods and services:
(a) if the procuring entity operates a sporting or convention facility, goods or services procured in order to comply with a commercial agreement that is incompatible with a trade agreement and that was entered into with an entity that is not subject to a trade agreement;
(b) goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 152(c);
(c) goods procured for representational or promotional purposes;
(d) services procured for representational or promotional purposes outside the Province; and
(e) goods and services urgently required due to unforeseen circumstances that cannot be obtained in a timely manner through an open competitive bidding process.
153(2)If an international trade agreement applies to the procurement of a good or service referred to in subsection (1), a procuring entity may only use a limited competitive bidding process if the estimated value of the good or service is no greater than 355,000 SDRs.