Contracting Policy Notice 1997-8

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Section 8. Tuktut Nogait National Park Agreement
(Pursuant to Order in Council P.C. 1996-1002 dated June 25, 1996)

In May of 1996, Cabinet approved a set-aside for Inuvialuit preference in procurements related to the establishment, operation and maintenance of the Tuktut Nogait National Park.

"Canada" means the Government of Canada as represented by the Minister of Canadian Heritage with responsibility for Parks Canada.

"DCH" means the Department of Canadian Heritage, as defined by the Department of Canadian Heritage Act S.C. 1995 c. 11, not yet proclaimed into force.

"IFA" means the Inuvialuit Final Agreement as amended from time to time, which Parliament approved, gave effect to and declared valid in the Western Arctic (Inuvialuit) Claims Settlement Act, S.C., 1984, c. 49, proclaimed into force on July 25, 1984.

"IRC" means the Inuvialuit Regional Corporation, described in Section 6 of the IFA.

"ISR" means the Inuvialuit Settlement Region, described in Annex A-2 of the IFA.

"PCC" means the Paulatuk Community Corporation, referred to in Section 6 of the IFA.

2.0 PURPOSES OF THE PARK AGREEMENT

2.4 To enhance and support local employment and business, to strengthen the local and regional economies, while making provision for Subsistence Usage within the Park.

14.0 CONTRACT PRIORITY FOR INUVIALUIT

14.1 Awarding of Government Contracts pursuant to this Section shall be dependent upon Inuvialuit Businesses meeting the required terms and conditions of the contract and providing the capacity, capability and expertise to supply goods and services in a competitive manner having regard to the purposes set out in s. 2.4 above.

14.2 The IRC, with respect to the ISR, and the PCC, with respect to the community of Paulatuk, shall prepare and maintain a comprehensive list of Inuvialuit Businesses. This list shall include information on the goods and services those businesses are in a position to furnish in relation to actual or potential Government Contracts related to the establishment, management or operation of the Park. The IRC and the PCC shall ensure that the list of Inuvialuit Businesses is provided to the DCH Director. Canada shall use the list of Inuvialuit Businesses for purposes of soliciting bids from Inuvialuit Businesses, but this shall not restrict the ability of any Inuvialuit Business to submit bids for Government Contracts in accordance with the Bid Invitation process where bids are invited by public notice.

14.3 In the planning of Government Contracts related to the Park, Canada shall take all reasonable measures to provide opportunities to qualified Inuvialuit Businesses to compete for obtain such contracts. Canada shall consider, but not necessarily be limited to the following measures with particular regard to Inuvialuit Businesses located in Paulatuk:

1. providing on the request of the IRC or the PCC reasonable assistance in familiarising Inuvialuit Businesses with the contracting procedures of Canada;
2. setting the date, location and terms and conditions for bidding so that Inuvialuit Businesses may reasonably bid;
3. inviting bids by commodity groupings to permit smaller and more specialised Inuvialuit Businesses to bid;
4. permitting bids for goods and services for a specified portion of a larger contract package to permit smaller and more specialised Inuvialuit Businesses to bid;
5. designing construction contracts in a way so as to increase the opportunity for smaller and more specialised Inuvialuit Businesses to bid; and
6. specifying skill requirements consistent with, but no greater than, the needs of the contract.

14.4. Qualified Inuvialuit Businesses, particularly those in Paulatuk, shall be given first consideration where a Government Contract related to the Park may, in accordance with the Government Contracts Regulations, be awarded without competition.

14.5 The following factors shall be reflected in the bid evaluation criteria established by Canada for the awarding of Government Contracts related to the Park:

1. the employment of Inuvialuit labour and services, and the engagement of Inuvialuit suppliers, particularly from Paulatuk;
2. the undertaking of commitments with respect to on-the-job training and skills development for Inuvialuit, particularly Inuvialuit from Paulatuk; and
3. the location of head offices, administrative office, and other facilities in the ISR, and particularly in Paulatuk

14.6 Prior to inviting bids by public notice for Government Contracts related to the Park Canada shall solicit bids from suppliers of goods and services, firstly from with Paulatuk and secondly from within the ISR. When soliciting bids:

1. Canada shall make all reasonable attempts to award contracts to qualified Inuvialuit Businesses according to the measures outlined in this Section.
2. Canada shall take all reasonable measures to determine if there are Inuvialuit Businesses, particularly Inuvialuit businesses located in Paulatuk, qualified to perform the contracts. This determination will usually be made by reference to the list of Inuvialuit Businesses provided by the IRC and the PCC.
3. Where it is determined that a single Inuvialuit Business within the ISR is qualified to perform a particular contract, Canada shall first solicit that business to submit a bid for that contract. In accordance with the conditions set out in s. 14.1, Canada shall make best efforts to award that contract to that Inuvialuit Business upon the negotiation of acceptable terms and conditions.
4. Where Canada intends to solicit bids from more than one qualified business within the ISR, Canada shall take all reasonable measures to determine if there are Inuvialuit Businesses qualified to perform the contract, and shall solicit bids from those Inuvialuit Businesses. This determination will usually be made by reference to the list of Inuvialuit Businesses provided by the IRC and the PCC. The contract, if awarded, shall take in account the bid evaluation criteria contained in this Section, and
5. Where a contract is awarded in accordance with the provisions of ss. (iii) and (v) above, Canada shall ensure that the contract document contains appropriate terms and conditions to ensure that sub-contractors are also subject to the intent and the specific provisions of the contract.

Where, after considering known available suppliers including those on the list of Inuvialuit Businesses, it is determined that there are no qualified suppliers or where Bid Solicitation is inconsistent with the IFA and laws of general application, Canada may proceed directly to Bid Invitation as set out in s. 14.7.

14.7 Canada may invite bids, firstly from within the community of Paulatuk and secondly from within the ISR. When inviting bids for Government Contracts related to the Park:

1. Canada shall take all reasonable measures to inform Inuvialuit Businesses of such Bid Invitations and to provide Inuvialuit Businesses with a fair and reasonable opportunity to submit bids, notwithstanding that one or more such businesses may have submitted bids as part of the solicitation process. These measures shall include the measures referred to in s. 14.3 above.
2. Where Canada intends to invite bids for Government Contracts related to the Park, the Bid Invitation process shall take into account the bid evaluation criteria contained in s. 14.5 and
3. Where a contract has been awarded in accordance with the provision of (ii) above, Canada shall ensure that the contract document contains appropriate terms and conditions to ensure that sub-contractors are also subject to the intent and specific provisions of the contract.

14.8 Canada shall develop and maintain procurement policies to ensure consistent implementation of the provisions of this section by all Federal Government contracting authorities. Canada shall develop these policies in consultation with the IRC.

 

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