Contracting Policy Notice: 2011-02 Canada-Colombia Free Trade Agreement

File No: 7010-000-006

Date: August 18, 2011

To:  Functional Heads, Administration / Finance of all Departments and Agencies

Subject: Canada-ColombiaFree Trade Agreement --entry into force

Background:

The Canada-Colombia Free Trade Agreement (FTA) entered into force on August 15, 2011.  As with all free trade agreements, the entire government procurement chapter should be consulted to identify Canada’s obligations regarding potential contracts. Chapter 14 (PDF version 60 kb) is devoted to government procurement. The lists of covered departments, agencies & Crown corporations, goods, services and construction services as well as the General Notes are in Annex 1401 (PDF version 56 kb).

Thresholds:

Departments & Agencies

CDN $76,600 - Goods covered in Annex 1401-3
CDN $76,600 - Services covered in Annex 1401-4
CDN $8,500,000 - Construction Services covered in Annex 1401-5

Crown Corporations

CDN $383,300 - Goods covered in Annex 1401-3
CDN $383,300 - Services covered in Annex 1401-4
CDN $12,200,000 - Construction Services covered in Annex 1401-5

Note that, similar to NAFTA and the other international free trade agreements, the thresholds will be revised every two years commencing January 1, 2012.

Procedural Obligations:

1. The time limit for tendering is 40 days and may be reduced to no less than 10 days in certain circumstances.
   
   
2. A Contract Award Notice must be published 72 days after contract award.

Transparency Measures:

1. Entities are encouraged to publish, as early as possible for the fiscal year, information regarding its procurement plans.
2. There are no extended transparency measures similar to the Canada-Chile Free Trade Agreement.

Reporting and Information Requirements:

1. There are no annual reporting requirements, statistical or otherwise.
2. Although there is no annual reporting requirement, the Canada-Colombia FTA requires reports and records of tendering procedures relating to covered procurements to be prepared and maintained for a period of at least three years.  In particular, a written report must be prepared on each contract award that justified the use of limited tendering.
3. Where Treasury Board (TB) procurement-related polices demand longer record retention than the Canada-Colombia FTA, TB requirements prevail.

References:

1. The text (PDF version 60 kb) and annexes (PDF version 56 kb) for the government procurement chapter of the Canada-Colombia FTA have been hyperlinked throughout this Notice.
2. Canadian International Trade Tribunal Procurement Inquiry Regulations
3. TB Contracting Policy
4. Trade Agreements and Negotiations

Enquiries:

1. For matters of content with respect to the government procurement chapter of the Canada-Colombia FTA, please contact the Department of Foreign Affairs & International Trade:
   
   Telephone:
   1-800-267-8376 (toll-free in Canada)
   613-944-4000 (in the National Capital Region and outside Canada)
   If you are deaf or hard of hearing, or you have a speech impediment and use a text telephone, you can access the TTY service from 9 a.m. to 5 p.m. Eastern Time by calling 613-944-9136 (in Canada only).
   
   Facsimile: 613-996-9709
   
   Email: enqserv@international.gc.ca
   
   Write to:
   Enquiries Service (BCI)
   Foreign Affairs and International Trade Canada
   125 Sussex Drive
   Ottawa, ON, Canada K1A 0G2
   
   
2. For information with respect to the TB Contracting Policy, please contact Treasury Board Secretariat:  by phone 613-957-2487 or by fax at 613-957-2405

Original signed by:

Elisa Mayhew
Executive Director
Investment, Project Management and Procurement Policy Division
Treasury Board Secretariat