Canadian Procurement Law: A Guide to Public Tenders

In this blog post, we will summarize the key things you need to know about public tenders in Canada.

Tender Methods in Canadian Public Procurement:

• Open Tender: The most common method. It is a tender open to all participants, and the contract is awarded to the company that submits the lowest bid.

• Limited Tender: A tender where invitations are sent to a select number of pre-qualified companies, and the contract is awarded to the company that submits the most compliant bid.

• Direct Contact: In limited circumstances such as emergencies or special conditions, a public institution may enter into a contract directly with a company without starting a tender process.

Contractor Obligations in Contracts:

• Comply with Contract Terms: The contractor is obliged to fully and timely fulfill all the terms and conditions specified in the tender contract.

• Provide Quality Products and Services: The contractor must provide products and services that meet the quality standards specified in the contract.

• Take Safety Precautions: The contractor must take all necessary precautions to ensure the safety of workers and third parties in the work area.

• Keep Financial Records: The contractor must maintain all financial records related to the project and provide them to the public institution on a regular basis.

Where Tender Spending Budgets are Transferred to Which Sectors:

The Canadian Procurement Law does not provide detailed information on where tender spending budgets are transferred to. However, the Public Services and Procurement Canada (https://www.canada.ca/en/public-services-procurement.html) provides general statistics on this matter. According to these statistics, in recent years, the infrastructure, construction and healthcare sectors have received the most tender spending.

Competent Authorities in Tenders:

There are two main authorities responsible for public tenders in Canada:

• Public Services and Procurement Canada: Responsible for federal government purchases.

• Provincial and Territorial Governments: Responsible for public tenders in their jurisdictions.

For More Information:

• Public Services and Procurement Canada: https://www.canada.ca/en/public-services-procurement.html

• Canadian Procurement Law: https://www.cfta-alec.ca/canadian-free-trade-agreement/

This blog post provides a general overview of the Canadian Procurement Law. For more information, please refer to the above resources.