Contracting Policy Notice 1997-8
Section 7. An Agreement for the Establishment of a
National Park on Banks Island - signed August 7, 1992
In May of 1992, an agreement was signed which approved a
Inuvialuit preference in procurements related to the establishment, operation
and maintenance of a national park on Banks Island.
1.01 Definitions and Abbreviations
n) "Government Contract" means any procurement contract related to the establishment, development or operation of the Park between Canada and a Party other than Canada and include:
i) contracts for the supply of goods;
ii) construction contracts
iii) contracts for the supply of services; and
iv) leases taken by Canada
s) "Inuvialuit" means those people known as Inuvialuit, Inuit or Eskimo who are beneficiaries under the IFA and, where the context requires, includes the Inuvialuit Regional Corporation, the Inuvialuit Land Corporation, the Inuvialuit Development Corporation, the Inuvialuit Petroleum Corporation, the Inuvialuit community corporations, and the Inuvialuit Trust, and any corporations, trusts or organizations controlled by the Inuvialuit that may be established by, pursuant to or subsequent to the IFA, including individual Inuvialuit, partnerships of Inuvialuit, and corporation or entity the majority of which is owned by Inuvialuit and ventures in which the Inuvialuit have an interest greater than 50%;
t) "Inuvialuit Business" means an entity which complies with the legal requirements to carry on business in the Western Arctic Region, and which is:
- a limited company with, in the case of a share capital company, more than fifty percent of the company's voting shares beneficially owned by one or more Inuvialuit, or with, in the case of a non-share capital company, more than fifty percent of the voting members being Inuvialuit, or which is a subsidiary of such limited company with more than fifty percent of the subsidiary's voting shares owned by such a company;
- a co-operative owned by Inuvialuit;
- a sole proprietorship owned by Inuvialuit or a partnership, joint venture or consortium more than fifty percent (50%) of which is owned by Inuvialuit.
All notices or other communications required or permitted to be given in this Agreement shall, unless otherwise provided for in this Agreement, or by the mutual consent of the Parties, be given in writing and delivered by mail, fax or courier to the following persons and addresses:
- to the IRC: Chairman
Inuvialuit Regional Corporation
P.O. Box 2120
- to the IGC: Chairman
Inuvialuit Game Council
P.O. Box 2120
- to Canada: Minister of Canadian Heritage
House of Commons
- to the GNWT: Minister of Economic Development and Tourism
Government of the NWT
- to the SHHTC: President
Sachs Harbour Hunters and Trappers Committee
Sachs Harbour, NWT
- to the SHHC: Chairman
Sachs Harbour Community Corporation
Sachs Harbour, NWT
Or such other address of person that the Parties may advise in writing from time to time. Any notice or communication so given shall be deemed to have been received by the addressee on the day that it was delivered, or on the next business day of not delivered on a business day. If the notice or communication is sent by mail or courier, it shall be deemed to have been received by the addressee on the seventh (7th) business day after it was deposited in the mail, except in the event of interruption of mail service after mailing, in which event it shall be deem to have been given on the first business day on which it has been received.
2.03 Objective of this Agreement
This agreement is intended to set out the rights and obligations of the Parties with respect to the establishment, management, operation and use of the Park. Articles 7, 8 and 9 of this Agreement are intended to assist the Inuvialuit to attain their economic goals set out in section 1 and 16 of the IFA.
8.01 Contract Priority for Inuvialuit - General
Awarding of Government Contracts pursuant to this Article shall be dependent upon Inuvialuit businesses meeting the required terms and conditions of the contract and providing the capacity, capability and expertise to supply the goods and services in a competitive manner having regard to the objective of this Agreement set out in 2.03.
8.02 List of Inuvialuit Businesses
The IRC, with respect to Western Arctic Region, and the SHCC, with respect to the community of Sachs Harbours, shall prepare and maintain a comprehensive list of Inuvialuit businesses which 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, development, management or operation of the park. The IRC and the SHCC shall ensure that the list of Inuvialuit businesses is provided to the Superintendent, Western Arctic District, Canadian Parks Service, Inuvik. 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.
8.03 Assistance and Contract Planning
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 and obtain such contracts. Canada shall consider, but not necessarily be limited to, the following measures with particular regard to Inuvialuit businesses located in Sachs Harbour:
- providing on the request of IRC or SHCC reasonable assistance in familiarizing Inuvialuit businesses with the contracting procedures of Canada;
- setting the date, location and terms and conditions for bidding so that Inuvialuit businesses may readily bid;
- inviting bids for commodity groupings to permit smaller and more specialized Inuvialuit businesses to bid;
- permitting bids for goods and services for a specifies portion on a larger contract package to permit smaller and more specialized businesses to bid; and
- avoiding artificially inflated employment skill requirements not essential to the fulfilment of the contract.
8.04 Directed Contracts
Qualified Inuvialuit businesses, particularly those in Sachs Harbour, 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.
8.05 Bid Evaluation Criteria
As many of the following factors as may be appropriate to any particular contract shall be reflected in the bid evaluation criteria established by Canada for the awarding of Government Contracts related to the Park:
- the employment of Inuvialuit labour and services, and the engagement of Inuvialuit suppliers, particularly the Inuvialuit of Sachs Harbour;
- the undertaking of commitments with respect to on-the-job training and skills development for Inuvialuit, particularly Inuvialuit of Sachs Harbour; and
- the location of head offices, administrative offices, and other facilities in the Western Arctic Region, and particularly in the community of Sachs Harbour.
8.06 Bid Solicitation from Suppliers List
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 within the community of Sachs Harbour and secondly from within the Western Arctic Region. When soliciting bids:
- Canada shall make all possible attempts to award contracts to qualified Inuvialuit businesses according to the measures outlined in this Article;
- Canada shall take all reasonable measures to determine if there are Inuvialuit businesses, particularly Inuvialuit businesses located in Sachs Harbour, 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 SHCC;
- Where it is determined that a single business within the Western Arctic Region is qualified to perform a particular contract, Canada shall solicit that business to submit a bid for that contract. The contract may be awarded upon the negotiation of acceptable terms and conditions;
- Where Canada intends to solicit bids from more than one qualified business within the Western Arctic Region, 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 SHCC. The contract, if awarded, shall take into account the bid evaluation criteria contained in this Article; and
- Where a contract is awarded in accordance with the provisions of (c) or (d) 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.
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 laws of general application, Canada may proceed directly to bid invitation as set out it 8.07.
8.07 Bid Invitation
Canada may invite bids, firstly from within the community of Sachs Harbour and secondly from within the Western Arctic Region. When inviting bids for Government Contracts related to the Park:
- 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 will include the measures referred to in 8.03 above;
- 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 8.05; and
- Where a contract has been awarded in accordance with the provisions of (b) 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.
Canada shall develop and maintain procurement policies to ensure consistent implementation of the provisions of this Article by all federal government contracting authorities. Canada shall develop these policies in consultation with the IRC.
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