Appendix E - Sole Source and Limited Tendering Certification

Department/Agency/Crown Corp. Name:

Requisition No:

Requirement:

Estimated Expenditure:

Proposed Vendor:

Applicable Sole Source and Limited Tendering Provisions:

Sole sourcing and limited tendering justifications must be in accordance with the following provisions:

(Please fill in the appropriate sections in A and B)

A. Sole Source - Provisions in accordance with the Government Contracts Regulations (GCRs)

The Government Contracts Regulations (GCRs Section 6) contain four exceptions to soliciting bids. Please identify if any of the following exceptions apply to your requirement:

( ) 6.(a) the need is one of pressing emergency in which delay would be injurious to the public interest;

( ) 6.(b) the estimated expenditure does not exceed $25,000.00, GST/HST included;

( ) 6.(c) the nature of the work is such that it would not be in the public interest to solicit bids; or

( ) 6.(d) only one person or firm is capable of performing the contract.

Supporting rationale for sole source justification, as described in the attached document.

B. Limited Tendering Provisions in accordance with the Trade Agreements

NAFTA Article 1016 - Limited Tendering Procedures (Thresholds $25,300 for Goods and $78,500 for Services)

1. An entity of a Party may, in the circumstances and subject to the conditions set out in paragraph 2, use limited tendering procedures and thus derogate from Articles 1008 through 1015, provided that such limited tendering procedures are not used with a view to avoiding maximum possible competition or in a manner that would constitute a means of discrimination between suppliers of the other Parties or protection of domestic suppliers.
2. An entity may use limited tendering procedures in the following circumstances and subject to the following conditions, as applicable:

( ) 1016.2 (a) - in the absence of tenders in response to an open or selective tender, or where the tenders submitted either have resulted from collusion or do not conform to the essential requirements of the tender documentation, or where the tenders submitted come from suppliers that do not comply with the conditions for participation provided for in accordance with this Chapter, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded;

( ) 1016.2 (b) - where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.

Supporting technical rationale for invoking this article must be provided in an attached document.

1016.2 (c) - in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of open or selective tendering procedures;

( ) 1016.2 (d) - for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter;

Please identify the nature and number of existing user licenses in an attached document.

Additional justifications for limited tendering are specified in Article 1016, but are not reproduced here.

3. The client shall prepare a report in writing on each contract awarded by it under paragraph 2. Each report shall contain the name of the contracting authority, indicate the value and kind of goods or services procured, the name of the country of origin, and a statement indicating the circumstances and conditions described in paragraph 2 that justified the use of limited tendering. The client shall retain each report, which shall remain at the disposal of the contracting authorities for use, if required, under Article 1017, Article 1019 or Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures).

Supporting rationale for limited tendering justification selected above, please specify in an attached document.

C. National Security Exemptions - NAFTA 1018

( ) Additional national security justification, please specify in an attached document.

Authorized Position

I certify that the information contained in this report is accurate. Our department, agency, departmental or crown corporation will be accountable for any litigation costs or damages awarded based on inaccurate or incomplete information provided to PWGSC and resulting in a successful challenge to the procurement before the Canadian International Trade Tribunal or a court of competent jurisdiction.

Name:

Signature:

Title:

Telephone Number:

Facsimile Number:

E-Mail Address:

Date:

For questions regarding this site contact NCR Software (logiciels.software@tpsgc-pwgsc.gc.ca).