Mutual agreement permitted - international trade agreements
2022-77
159(1)So long as a procuring entity is not doing so for the purpose of averting competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a)
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;
(b)
goods or consulting services regarding matters of a confidential or privileged nature, if the disclosure of those matters through an open competitive bidding process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest;
(c)
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;
(d)
goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 158(1)(d);
(e)
goods procured for representational or promotional purposes;
(f)
services procured for representational or promotional purposes outside the Province;
(g)
transportation services provided by locally owned trucks for hauling aggregate on highway construction projects;
(h)
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;
(i)
marketing management consulting services;
(j)
local food; and
(k)
goods or services financed primarily from donations.
159(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.
159(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.
Mutual agreement permitted - international trade agreements
159(1)So long as a procuring entity is not doing so for the purpose of averting competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a)
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;
(b)
goods or consulting services regarding matters of a confidential or privileged nature, if the disclosure of those matters through an open competitive bidding process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest;
(c)
if the procuring entity operates a sporting facility or convention centre, 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;
(d)
goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 158(1)(d);
(e)
goods procured for representational or promotional purposes;
(f)
services procured for representational or promotional purposes outside the Province;
(g)
transportation services provided by locally owned trucks for hauling aggregate on highway construction projects;
(h)
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;
(i)
marketing management consulting services;
(j)
local food; and
(k)
goods or services financed primarily from donations.
159(2)If only one international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is less than the threshold value of the trade agreement.
159(3)If more than one international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is less than the lowest applicable threshold value of the relevant trade agreements.
Mutual agreement permitted - international trade agreements
159(1)So long as a procuring entity is not doing so for the purpose of avoiding competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a)
goods or services urgently required due to an unforeseen circumstance that is not attributable to the procuring entity and the goods or services cannot be obtained in a timely manner through an open procurement process;
(b)
goods or consulting services regarding matters of a confidential or privileged nature, if the disclosure of those matters through an open competitive bidding process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest;
(c)
goods or services procured under a contract that is to be awarded under a cooperation agreement that is financed, in whole or in part, by an international cooperation organization, but only to the extent that the agreement between the procuring entity and the organization includes rules for awarding contracts that differ from the obligations set out in the applicable trade agreements;
(d)
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;
(e)
goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 158(f);
(f)
goods procured for representational or promotional purposes; and
(g)
services procured for representational or promotional purposes outside the Province.
159(2)If an international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is no greater than 355,000Â SDRs.
Mutual agreement permitted - international trade agreements
159(1)So long as a procuring entity is not doing so for the purpose of avoiding competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a)
goods or services urgently required due to an unforeseen circumstance that is not attributable to the procuring entity and the goods or services cannot be obtained in a timely manner through an open procurement process;
(b)
goods or consulting services regarding matters of a confidential or privileged nature, if the disclosure of those matters through an open competitive bidding process could reasonably be expected to compromise government confidentiality, cause economic disruption or otherwise be contrary to the public interest;
(c)
goods or services procured under a contract that is to be awarded under a cooperation agreement that is financed, in whole or in part, by an international cooperation organization, but only to the extent that the agreement between the procuring entity and the organization includes rules for awarding contracts that differ from the obligations set out in the applicable trade agreements;
(d)
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;
(e)
goods and services procured from a non-profit organization, other than a good or service referred to in paragraph 158(f);
(f)
goods procured for representational or promotional purposes; and
(g)
services procured for representational or promotional purposes outside the Province.
159(2)If an international trade agreement applies to the procurement of a good or service, a procuring entity may procure under subsection (1) only if the estimated value of the good or service is no greater than 355,000Â SDRs.