Chapter 2 - Defining the requirement and requisition receipt

2.1 Requirements definition

Effective date: 2020-10-21

1. Defining the requirements of a procurement is the cornerstone of a successful procurement process. The contracting officer must understand completely what he/she is about to procure. There are many aspects to consider.
2. When defining the requirement, client departments must keep in mind not only the goods and services needed, but also the legal framework regulating the goods and services being procured (see 1.15 The legal framework of contracting). Client departments can save significant time and money if there is a clear and well-prepared description of what is required. Early involvement of Public Works and Government Services Canada (PWGSC) contracting officers in the process can help achieve this.
3. Identifying the needs and carefully developing the requirements at the earliest stages of requirements definition are the greatest contribution in obtaining the right good or service and best price, and can minimize the need for changes later.
4. Requirements are best defined in a manner that allows competition and ensures best value. Contracting officers may be able to suggest wording, which defines requirements in terms of operational requirements rather than using brand names or proprietary technical specifications.
5. PWGSC can help client departments identify special requirements related to accessibility, green procurement, security, progress reports, special packaging, transportation, bonding, etc. that suppliers may need to address in their bids.
6. The contracting officer and the client department must work together to ensure that all concerns are addressed from the beginning of the process to receipt of the final deliverable.
7. Writing clear and concise contractual documents, using the right words and plain language, is the best method to adopt, to obtain satisfaction and avoid disputes.
8. For more information on the requirements definition, consult the Statement of Work Guide (available on GCpedia - Acquisitions Program Policy Suite - Procurement Process [accessible only on the Government of Canada network]).

2.5 Project approvals

Effective date: 2010-08-16

Government departments and agencies are guided in the management of projects by Treasury Board (TB) Policies and Guidelines addressing ARCHIVED - Project Approval Policy and ARCHIVED - Project Management Policy. For projects that require TB approval, consideration should be given to requesting advance approval to enter into contract, along with the applicable project approval submissions. Working closely with the client at the program development stage, advance approvals may be possible, saving time and effort.

2.10 Special procurements

Effective date: 2024-04-19

A number of special procurements require a different approach when handling the requirement. On receipt of a requisition relating to any of the following programs, the contracting officer should review Chapter 9 - Special procurements before proceeding further.

1. Real Property Contracting;
2. Purchases from CORCAN;
3. United States Foreign Military Sales;
4. Co-operative Logistics (COLOG) and Blanket Order Cases with the United States Department of Defense;
5. Use of the Defence Production Revolving Fund and Loan Account;
6. Canadian Commercial Corporation;
7. Major Crown Projects;
8. Procurement Strategy for Aboriginal Business;
9. Comprehensive Land Claims Agreements;
10. Public – Private Partnership (P3) procurements.

2.15 Agreement with other governments departments or agencies

Effective date: 2010-01-11

It is the mandate of Public Works and Government Services Canada (PWGSC) to provide services to departments, boards and agencies of the Government of Canada or to Crown Corporations. Section 16 of the Public Works and Government Services Canada Act further allows PWGSC to make its services available with the approval of the Governor in Council to any government, body or person in Canada, or elsewhere, if so requested by them. This means that the Act permits PWGSC to obtain an order in council to allow it to provide services, such as the procurement of goods and services, to entities that are not part of the Government of Canada. Contracting officers must consult Legal Services when they receive such a request. An agreement must be established between the entity, PWGSC and Legal Services to help with the preparation of the required order in council.

2.16 Duty to Consult and Accommodate Aboriginal Peoples 

Effective date: 2024-04-19

1. Canada has a legal Duty to Consult and Accommodate Aboriginal groups, when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights. All federal departments and agencies are subject to this legal obligation.
2. The common law Duty to Consult and Accommodate is based on judicial interpretation of Canada’s obligations in the context of existing Aboriginal and treaty rights, recognized and affirmed in section 35 of the Constitution Act 1982.
3. All federal departments and agencies are required to comply with the legal Duty to Consult and Accommodate.
4. Whenever a procurement may impact on potential or established Aboriginal and treaty rights:
   1. It is the clients’ responsibility to comply with the legal Duty to Consult and Accommodate when the proposed activity, to which the procurement relates, may adversely impact on potential or established Aboriginal or treaty rights. Proposed activities could be approvals of natural resource development projects, land transactions, road construction, pipeline routes, etc.
   2. Accommodation measures may include a range of possibilities, such as: adjusting an activity; placing terms and conditions on approvals or authorizations; financial compensation; inclusion of Aboriginal benefits as part of the procurement strategy, etc.
   3. The consultation process should take place prior to the client sending the requisition to Public Works and Government Services Canada (PWGSC), as consultation and accommodation may impact the procurement strategy as a whole, including the statement of work, procurement process timeline, funding, approval level required and even the decision to proceed with the proposed activity.
   4. The contracting officer should remind the client of the Duty to Consult and Accommodate, and encourage the client to undertake consultation with Aboriginal groups, where required.
   5. If the client asks the contracting officer to be present during the consultation process, the contracting officer may do so as an observer, or by limiting its role to providing information on the proposed procurement process. The contracting officer should not get involved in any negotiation of the procurement strategy.
5. For further information on consultation and accommodation, clients should refer to the Government of Canada's Updated Guidelines for Federal Officials to Fulfill the Duty to Consult.
6. Consultation-related queries can be sent to The Consultation and Information Service (CIS) at Crown-Indigenous and Northern Relations Canada (CIRNAC) at indigenous.consultations.autochtones@rcaanc-cirnac.ca.
7. Clients can also find more information by consulting the Aboriginal and Treaty Rights Information System (ATRIS).

2.20 Green procurement and defining the requirement

Effective date: 2021-12-02

1. The Government of Canada is committed to implementing the Policy on Green Procurement. This is to ensure that the government cost effectively procures, operates and disposes of its assets in a manner that protects the environment and supports sustainable development objectives. This policy is all encompassing and it applies across all four stages of the procurement process, from planning and acquisition through use and disposal.
2. The contracting officer, in assisting a client with the needs definition process, should analyze with the client what opportunities may exist to support their obligations, as well as their departmental targets related to green procurement. A key consideration is whether it is actually necessary to make the new purchase. Ultimately, avoiding a purchase will be the most environmentally preferable and economical option.
3. Some key considerations in defining the requirement are to:
   1. evaluate the need, utilization and scale of the procurement, and reduce the need if possible;
   2. determine that the quantity requested is appropriate and definitely will be used (the feasibility of short term leasing, renting or sharing of the good should be investigated);
   3. inquire as to whether or not the requirement could be satisfied internally, through a different division or section of the organization or through government surplus supplies;
   4. combine the requirement, if appropriate, with one or several other departments to take advantage of economies of scale, to reduce packaging and to save other resources.
4. See Annex 2.2: Green procurement: Environmental factors and evaluation indicators for factors and indicators that will aid the client in managing the resource, from planning to disposal.
5. The Green Procurement Tools website includes valuable information such as the Completed Green Procurement Plans and the related templates, a list of green standing offers (SO), supply arrangements (SA) and contracts and a repertoire of existing contracting language related to green procurement.
6. For commodities under the Commodity Management Policy, contracting officers must develop a green procurement plan, and procurements must be conducted in accordance with this plan.

2.21 Accessible procurement and defining requirements

Effective date: 2022-05-12

1. The Government of Canada (GC) is committed to making federal procurement in Canada barrier-free for the broadest range of end-users. The implementation of accessibility requirements in the Treasury Board Directive on the Management of Procurement (Directive) (subsections 4.2.7.1 and 4.2.7.1.1) supports the Accessible Canada Act (ACA) to ensure that the GC procures goods, services and construction that are accessible to all Canadians through the identification and removal of accessibility barriers and the prevention of new ones. This Directive applies to all government procurement decisions, in both the planning and execution phases, for which accessibility criteria must be considered when defining the requirements of the procurement. The Directive states that departments must:
   1. Where appropriate, include accessibility considerations when specifying requirements for goods, services and construction, and ensuring that deliverables incorporate accessibility features;
   2. Ensure clear justification is documented if it is determined that accessibility considerations are not consistent with modern treaties or trade agreements, or if it is not appropriate to include them as part of commodity specifications, or if it is not possible to obtain goods, services or construction that comply.
2. Contracting officers, as commodity experts, should guide the client in circumstances where there is an awareness of accessibility criteria being used for solicitations with the same type of commodity. Contracting officers are responsible for:
   1. ensuring that clients have considered accessibility and included accessibility requirements, if applicable;
   2. playing a challenge-function role with the Technical Authority if accessibility standards apply to the procurement and accessibility has not been addressed;
   3. ensuring that the Technical Authority provides a written justification if accessibility criteria are not appropriate or the procurement of goods or services that comply were unable to be obtained.
3. The Technical Authority is responsible for:
   1. ensuring accessibility is considered when defining the requirements of the procurement and including accessibility criteria in the specifications, if applicable;
   2. providing a justification when accessibility criteria are not included.
4. Key considerations in defining the requirement are:
   1. considering leveraging a Request For Information (RFI) if the Technical Authority is unsure of market capacity of accessible goods or services;
   2. consulting with end-users or groups representing persons with disabilities, considering accessibility standards or portions of them, or leveraging universal design principles to develop accessibility criteria to be built into the requirements of the procurement to build flexibility into the design so that end-deliverables incorporate accessibility features;
   3. in absence of accessibility standards, it should be determined if suppliers offer goods or services that have flexibility or features built into the design to enable the broadest range of end-user;
   4. accessibility requirements, unless not appropriate or applicable, can be identified in the statement of work (SOW) when defining the requirements and in the bid evaluation criteria;
   5. prototypes and product demonstrations can be leveraged to allow end-users to test out accessibility features and ensure that the deliverable meets accessibility requirements;
   6. accessibility will not be prioritized over Canada’s obligations under trade agreements and Comprehensive Land Claims Agreements (CLCAs).
5. See Annex 2.6 Accessible procurement: Factors and considerations for factors and indicators that will aid the client in managing the resource, from planning to disposal.
6. More accessible procurement information can be found in section 1.61 Accessible procurement.
7. Planning and identifying accessibility requirements will provide help to reduce or eliminate barriers to persons with disabilities in accessibility.
8. The Accessible Procurement Resource Centre (accessible only on the Government of Canada network) webpage includes information and tools such as procurement information nuggets on accessibility, standard language for solicitation documents (e.g., Statement of Work, Request For Proposal, Request For Information, etc.), existing accessibility standards and a justification form for accessibility consideration and applicability. Other resources can be found on Public Works and Government Services Canada’s (PWGSC) Accessibility Office (accessible only on the Government of Canada network) webpage (i.e., including accessibility plans), Treasury Board Secretariat’s Office of Public Service Accessibility (accessible only on the Government of Canada network) webpage and its’ Accessibility in the public service webpage.

2.25 Requisitions subject to Comprehensive Land Claims Agreements

Effective date: 2015-09-24

Contracting officers who receive a requisition that may be subject to Comprehensive Land Claims Agreements (CLCAs) must refer to 9.35 Comprehensive Land Claims Agreements (CLCAs) for information on the CLCA obligations that have to be addressed during the procurement process.

2.26 Early engagement with clients, suppliers and Public Works and Government Services Canada (PWGSC) contracting officers

Effective date: 2014-09-25

Client departments are invited to engage with PWGSC contracting officers early in the process. This engagement may focus on different topics and may include various levels of engagement. It may be long before a signed requisition is received within PWGSC.

The early engagement with industry may also take many forms, such as issuing Letters of Interest (LOIs), Requests for Information (RFIs), one-on-one consultations with suppliers, the holding of industry days, etc. By engaging clients and suppliers through early and ongoing consultation and dialogue, contracting officers are better situated to identify the various complexities and risks associated with a client’s requirement, enabling the development of mitigation strategies. Acquiring the knowledge of the requirement and its related complexities and risk better positions all stakeholders for a successful procurement that meets the client’s needs.

Various tools are available to facilitate this early engagement. Some are listed below:

• The Acquisitions Program Policy Suite, which provides policy instruments on topics such as engagement and communications, governance, socio-economic objectives, risk management, etc. located on GCpedia on the Acquisitions Program Policy Suite (accessible only on the Government of Canada network) page.
• The Procurement Library, which includes the Complexity Assessment tools as well as copies of Risk Assessments for Complexity Levels 1 through 3 inclusive in PDF format. The Procurement Library is available to PWGSC Acquisitions Branch employees only, and is available on the shared drive.
• The Procurement Nuggets, which provide quick references on various procurement issues, located on GCpedia on the Procurement Information Nuggets (accessible only on the Government of Canada network) tab of the Acquisitions Program Policy Directorate (APPD) page.

2.30 Requisition receipt

Effective date: 2011-10-04

1. Client departments must complete the Requisition for Goods and Services and Construction form PWGSC-TPSGC 9200 (accessible only on the Government of Canada network), and submit it to a PWGSC Allocation Unit (AU). The client Requisition Checklist PWGSC-TPSGC 195 (accessible only on the Government of Canada network) is a tool that can assist client departments in completing the requisition and in determining the required supporting documents.
2. Client departments must submit completed requisitions to the AU by email, fax or mail, although email is the preferred format. Contracting officers who receive a requisition directly from the client must forward it to the AU and inform the client department of the procedures to follow. The AU will acknowledge receipt of a requisition to the client department within one business day for electronically (email) submitted requisitions, and within two business days for hard copy (fax/mail) submitted requisitions. While processing the requisition, the AU will vet the requisition received against the mandatory requirements and contact the client for any missing information as detailed in Requisition Checklist PWGSC-TPSGC 195 (accessible only on the Government of Canada network). Only when all mandatory information is received, will the AU allocate the requisition to the appropriate contracting area.
3. Within five business days of an acquisitions office's receipt of a requisition from an allocations unit, the responsible contracting officer must advise the client department that he/she has been allocated the requisition and provide the client department with his/her contact information.

2.30.1 Funding

Effective date: 2021-05-20

1. Clients are responsible for submitting accurate requisitions and are accountable for the estimate on the requisition. The requisition approval must be in accordance with the client department's internal delegation of authority. Requisitions must be funded in Canadian currency, including Goods and Services Tax/Harmonized Sales Tax (GST/HST), and provide the information required on the PWGSC-TPSGC 9200 (accessible only on the Government of Canada network) form. (Note: Only government employees have access to this form). This includes procurements to be made by PWGSC organizations located outside Canada.
2. The authorized requisitioning authority must sign the mandatory signature blocks on the requisition. One signature block signifies that the funding is provided in accordance with Section 32 of the Financial Administration Act. A procurement cannot be completed until proper funding has been provided through the requisition approval process. The other mandatory signature block signifies that the requisition is approved, the necessary approvals have been obtained, and the client request PWGSC to acquire and provide the goods, and/or services, or construction as describe in the requisition.
3. Clients may fund requisitions for requirements that are to be acquired through the United States (US) Foreign Military Sales (FMS) Program in US currency. The requisition approval must be in accordance with the client department's internal delegation of authority. The total equivalent estimated Canadian currency value with the applied exchange rate derived from the Bank of Canada on the day of the requisition being assigned must be included in the PWGSC-TPSGC 9200 (accessible only on the Government of Canada network) form.

2.30.5 Requisition allocation within Public Works and Government Services Canada

Effective date: 2011-05-16

1. Client departments may direct their requisitions and price and availability (P&A) enquiries directly to the Public Works and Government Services Canada (PWGSC) office of their choice (Canada only).
2. When the client stipulates the PWGSC Allocations Unit of choice on the requisition, it will normally be allocated to that office. The major exceptions are:
   1. Restricted Commodities:
      Restricted Commodities include: advertising, public opinion research, production of audio visual, bulk buys for fuel and vehicles and United States Foreign Military Sales (U.S. FMS). Requisitions will be allocated as follows:
      1. when a requisition is for a Restricted Commodity, the requisition will be allocated to the headquarter (HQ) division/section responsible for that NATO Stock Number (NSN) Goods and Services Identification Number (GSIN);
      2. when there is more than one line item of a Restricted Commodity, the requisition will be allocated to the HQ division/section responsible for the Restricted Commodity line item with the highest value;
      3. when the monetary value of the line items cannot be determined, the requisition will be allocated to the HQ division/section responsible for the GSIN code of the first line item, which represents a Restricted Commodity; and
      4. when a requirement will be sole-sourced under the U.S. FMS Program, see Chapter 9 - Special procurements.
   2. Commodity Managers
      Where a requisition relates to a specific commodity (i.e. monitors or printers) or to a specific geographical client (i.e. Northwest Territories), PWGSC will customarily inform the client that the requisition is being forwarded to the specific commodity management office that is able to satisfy their request.
   3. Major Projects
      If the requisition is part of a major project, it will be allocated to the office responsible for that project.
3. When a client does not specify a preference, the following rules apply:
   1. when there is only one consignee point, the requisition will be allocated to the PWGSC office closest to the consignee within the same regional sector. If the closest PWGSC office is HQ, it will be allocated in accordance with PWGSC HQ procedures;
   2. when a requisition originates in a region with more than one consignee in the same regional sector, it will be allocated to an office designated by the regional director Acquisitions;
   3. when there are multiple consignee points within the same regional sector, and the consignee points are not close to one PWGSC office, then the requisition will be allocated to an office designated by the Regional Director, Acquisitions. When the multiple consignee points are all close to the same PWGSC office, then the requisition will be allocated to that office;
   4. when consignees in two or more regional sectors appear on a single requisition, it will be allocated to the PWGSC office closest to the originator of the requisition;
   5. when there are multiple consignees where the closest PWGSC offices are in two or more regional sectors, then the requisition will be allocated to the PWGSC office closest to the originator of the requisition, based on the requisition number of the ordering office. If the closest PWGSC office is HQ, then it will be allocated in accordance with PWGSC HQ procedures;
   6. requisitions sent to HQ will be allocated to the section responsible for the greatest value of line items based on the line item NSN or GSIN; and
   7. if the value of the line items are equal, or otherwise cannot be determined, then the requisition will be allocated to the office or division/section responsible for the GSIN code for the first line item on the requisition (clients should be encouraged to enter NSN or GSIN by line item on their requisition).

2.30.10 Allocation of work by complexity

Effective date: 2023-03-30

1. Each requisition undergoes an assessment to determine the Complexity Level of the procurement in order to direct the requirement into the appropriate process stream (complexity level 1, 2, 3, 4 or 5) and to allocate it to a contracting officer with the necessary skill set to handle the procurement.
2. The manager (or whomever assigns the work) is responsible for determining the complexity of a requirement. Once this determination has been made, the selected Complexity Level must be documented on file (dated and signed).
3. Should a requirement’s Complexity Level change during the course of the procurement, the decision to change the Complexity Level must be discussed with the manager and annotated on file, explaining why the change was necessary.
4. The definitions of the various complexities can be found in the Glossary, and the characteristics of each level are identified in Annex 2.4 Characteristics of Acquisitions Program procurement Complexity Levels.

2.30.15 Complexity code

Effective date: 2023-03-30

1. The complexity code must be determined when allocating the requisition to a contracting officer. This information is used for reporting, making it essential that the complexity information be captured.
2. If the complexity code changes, the modification must be updated.

2.30.20 Changes to the complexity level

Effective date: 2011-10-04

1. If, at anytime during the procurement process, the contracting officer believes that the procurement has been streamed incorrectly or if new factors arise that affect the complexity level, the Manager, or whomever assigned the work, is to be consulted to determine the appropriate level.
2. If it is determined that the procurement has been streamed incorrectly, the contracting officer is to send the electronic file back to the Workload Manager where the Manager (or whomever assigns the work) will re-assign the file using the revised Complexity Code. The procurement must then follow the new process in accordance with the new complexity level.

2.35 Extract files

Effective date: 2023-03-30

1. At times it is necessary to separate a client's requirement as it will be procured by two different procurement groups. In this instance, the main contracting officer will create an extract file.
2. The main file holder (the original contracting officer) must:
   1. procure items not extracted;
   2. control requisition funds;
   3. act as the coordinator for client enquiries;
   4. ensure that all procurement actions under extracted files are completed;
   5. record commitments on extracted items;
   6. request additional funds from the client, if required;
   7. process all invoices for payment by the client, and
   8. close the file once the procurement is complete.
3. The extract file holder (the contracting officer who received the extract file) must:
   1. procure the assigned items;
   2. request funds from the main file holder after the total funding requirement has been identified;
   3. ensure that funds have been allotted before contract award;
   4. obtain the contract number from the main file holder before contract award; and
   5. forward to the main file holder copies of all contracts and amendments issued against an extract file.

2.35.1 Part files

Effective date: 2010-01-11

When there is a need to prepare and issue more then one solicitation on a requisition main file or on an extract file, then part files may be created for each solicitation required. When part files are created under an extract file, the extract file will be treated, for record purposes, as though it were a main file.

2.40 Price and availability enquiries

Effective date: 2010-01-11

1. A price and availability (P&A) enquiry is generally received from the client and handled in the same manner as any requisition. A P&A enquiry is prepared and sent to suppliers to obtain information concerning approximate prices and availability of specific goods or services. It is used when such information is needed by PWGSC or by a client for program planning or budgetary purposes. A P&A enquiry could be made directly to selected suppliers or it may be publicly posted on the Government Electronic Tendering Service (GETS).
2. P&A enquiries sent to suppliers, or posted on the Government Electronic Tendering Service, must clearly indicate that the request is not a bid solicitation and that there are no commitments with respect to future purchases or contracts.

2.45 Requests for Information and Letters of Interest

Effective date: 2010-01-11

Clients may request or the contracting officer may propose that a Request for Information (RFI) or a Letter of Interest (LOI) be issued to obtain feedback from industry, before finalizing the requirements definition or procurement strategy. Additional information on the RFI/LOI process may be found in 4.5.5 Request for Information or Letter of Interest.

2.50 Contract security requirements

Effective date: 2022-05-02

2.50.1 Security and requisitions

Effective date: 2024-02-16

1. All requisitions and requisition amendments for Government of Canada contracts, standing offers or supply arrangements that contain a security requirement must include a Security Requirements Check List (SRCL), the Statement of Work, and the associated security guides/documents, including the security clauses provided to the client by the Contract Security Program (CSP). Some clients have an agreement with the CSP with separate instructions.
2. The security section of all requisitions received by PWGSC on form PWGSC-TPSGC 9200 (accessible only on the Government of Canada network) must be completed by the client to indicate whether or not security provisions are included in the requirement.
3. Note that the financial systems of some departments are not yet equipped to print this section. In such a case, contracting officers can accept the previous version of the requisition form PWGSC-TPSGC 9200 (accessible only on the Government of Canada network) from clients as long as certification against the wording of the new security section is provided, either by replicating the new security wording (see below) in the "Special Instructions" section of the requisition, or by providing it as a separate document.
   "Requisition No.__
   Security: __
   Does this requisition include security provisions?
   ( ) No ( ) Yes
   If yes, is a Security Requirement Check List (SRCL) required?
   ( ) No ( ) Yes
   If an SRCL is required, attach the properly completed and signed SRCL to this requisition. If an SRCL is not required, but the requisition does include security provisions, explain why in the requisition.
   The Undersigned certifies that this requisition, including any attached SRCL, accurately details the security provisions of this requirement.
   Signature (mandatory) __
   Date __"
4. The contracting officer must ensure that the completed security certification is included on each procurement file when the requisition lacks a properly completed security block.

2.50.5 Security Requirements Check List (SRCL)

Effective date: 2022-05-02

1. The client department may complete the SRCL, either electronically via the online SRCL service or in hard copy using the form Security Requirements Check List (SRCL). To use the online service register online or contact the Contract Security Program.
2. The online service provided by the Contract Security Program (CSP) allows client departments to complete the SRCL form on the Internet in a secure environment using a Smart form that is designed to reduce errors. Once the CSP receives the e-SRCL, it will proceed to providing the appropriate security clauses to be included in the solicitation documents. The turnaround time to provide the appropriate security clauses is two working days as opposed to 15 working days for the hard copy. The electronic process results in the reduction or elimination of errors, in this way, it enables the production of clauses in a more timely manner.
3. For further information, see 1.65 Policy on government security, 3.55 Contract security requirements (personnel or organization) and 4.30.10 Security in contracts or contact the CSP as the organization responsible for security screenings and clearances for PWGSC procurements.
4. In all cases where clarification is required, the CSP will contact the client department and the chief security officer, as required. Due to being constantly reviewed and updated, security clauses provided for a similar solicitation should never be reused without the prior authorization of the CSP.

2.55 Employer-employee relationships

Effective date: 2022-05-12

1. When contracting for the services of individuals, including temporary help, contracting officers should carefully review the circumstances in order to avoid establishing an employer-employee relationship which would be contrary to or in conflict with the Public Service Employment Act and common law principles dealing with employer-employee relationships.
2. As per sections 4.7 and 4.8 Employer-employee relationships of the Treasury Board Directive on the Management of Procurement, both contracting authorities and business owners must ensure that an employer-employee relationship will not result when contracting for the services of individuals.
3. Criteria for assessing an employer-employee relationship have been established by the Canada Revenue Agency (CRA) and pertinent court rulings. For guidance, seek legal advice or consult the CRA publication RC 4110, Employee or Self-Employed?. If there is any uncertainty, the contract should be signed at a level higher than the individual who would normally approve the initial entry into the contract.
4. Legal advice should be sought where it is not feasible for contracting officers to determine whether a contract is a contract for services or a contract of employment (i.e. employment status is not easily identifiable). It is ultimately the responsibility of the contracting officer to ensure that contracts do not create employer-employee relationships.

2.60 Requisition review

Effective date: 2022-05-12

1. Contracting officers must review all requisitions for completeness in accordance with Annex 2.1 Requisition review before procurement action can proceed.
2. Issues must be resolved through consultation between the client and the contracting officer. Example of issues are as follows:
   1. if a requirement is not clearly defined, then the client must be encouraged and helped to define the objectives and the performance criteria to be met. The client must be encouraged to use generic or performance specifications;
   2. any unreasonable delivery requirements or unrealistic delivery dates should be discussed;
   3. if the sole source justification provided by the client is inadequate, then the contracting officer should seek further justification. If the request cannot be substantiated to the satisfaction of the contracting officer, then the contracting officer must advise the client that the procurement will be competed;
   4. for justified sole source requirements, the contracting officer should work with the client to develop responses to Annex 3.1 Treasury Board questions for sole source. For more information on this process, see 3.15 Non-competitive contracting process; and
   5. if accessibility has not been considered, the business owner (client department or agency, technical authority) must be made aware of their obligation to consider accessibility and to complete a justification form if accessibility criteria are not included. The contracting authority should provide any relevant tools and guidance on accessible procurement to the business owner as needed. For more information, refer to the Office of Public Service Accessibility (accessible only on the Government of Canada network) web page. Please visit YouTube for informational videos on the Accessible Canada Act and meaningful consideration of accessibility in procurement.

2.65 Procurement process initiated by client

Effective date: 2010-01-11

Public Works and Government Services (PWGSC) is sometimes asked to process requirements when the procurement process was initiated by client departments (e.g. sourcing, bidding, evaluation, selection). The client department remains responsible for all of their actions, which may or may not be in compliance with TB or PWGSC policies or applicable legislation. PWGSC will attempt to mitigate risks associated with such a requirement; however, the client department will remain responsible even if PWGSC agrees to continue or restart the procurement process. To reduce the risk of complaints and challenges associated with these procurements, the following procedures must be followed:

1. Upon receipt of a requisition for a contract or contract amendment, where the client has already taken certain steps in the procurement process, the contracting officer must alert the manager to the situation.
2. The contracting officer will review the procurement process already initiated by the client, to identify any deviations from standard practice or policy. The contracting officer must develop a clear understanding of all procurement-related activities that have been completed, including whether a contract has been awarded or the supplier has been given the go-ahead to commence work. Where a contract has been awarded, or the supplier authorized to proceed with the work, 2.75 Confirming orders and contracts involving pre-contractual work will apply.
3. In the event that some of the actions of the procurement process initiated by client departments do not adhere to the established supply policy guidelines, PWGSC may have to restart the procurement process. Whenever a contracting officer must act in a way not clearly set out in this Manual, integrity and its supporting principles provide necessary guidance (see 1.10.5 Guiding principles).

2.70 Ratification by Treasury Board

Effective date: 2011-10-04

For information on ratification by Treasury Board, please refer to section 6.30.1 Ratification by Treasury Board.

2.75 Confirming orders

Effective date: 2011-10-04

1. PWGSC does not normally place contracts to confirm the actions of departments or agencies. The practice of providing such service to client departments should be discouraged to the maximum extent practical. However, it may be necessary for PWGSC to become involved because of its exclusive goods procurement authority. PWGSC may have some value to add in processing confirming orders when the work is complete.
2. Requests for confirming orders must be evaluated and processed on the basis of the circumstances surrounding each instance. Where the request is the result of attempts to circumvent normal procurement procedures, return of the request to the client department should be a prime consideration.
3. When the work has been completed, Legal Services will prepare a confirming order that will contain only the information necessary to document the transaction, which includes the parties, the work performed, the dates, the amount, a release and, if required, a transfer of intellectual property rights. The appropriate director or higher authority, as determined by the contract value and non-competitive contract approval authority limits, must approve the confirming orders processed by PWGSC.
4. The client department will remain liable for any complaints resulting from their actions.
5. For information on attaining approval for contracts involving pre-contractual work, see 6.30.10 Confirming orders and contracts involving pre-contractual work.

Annexes

Consult the list of annexes below related to Chapter 2 - Defining the requirement and requisition receipt.

• 2.1 - Annex: Requisition review
• 2.2 - Annex: Green procurement: Environmental factors and evaluation indicators
• 2.3 - Annex: List of Public Works and Government Services Canada allocations units
• 2.4 - Annex: Characteristics of Acquisitions Program procurement complexity levels
• 2.5 - Annex: Entering complexity code into the Automated Buyer Environment
• 2.6 - Annex: Accessible procurement: Factors and considerations
• 2.7 - Annex: Standard language for environmentally preferable packaging