Annexes for Chapter 9 - Special procurements

Annex 9.1: Memorandum of Understanding between Public Works and Government Services Canada and CORCAN

Effective date: 2014-11-27

The Memorandum of Understanding between Public Works and Government Services Canada and CORCAN (as a supplier) expired; therefore this section has been deleted from the Supply Manual. General information about the process has been updated and is provided in section 9.30.10 Implementation.

For reference purpose only, Annex 9.1 is available in the Supply Manual Archive (accessible only on the Government of Canada network), Version 2014-4.

Annex 9.2: Notification of procurement to Modern Treaty (Comprehensive Land Claims Agreements) claimant groups

Effective date: 2024-04-19

Please notify the Indigenous Procurement Policy Directorate (TPSGC.PAContratsNunavut-APNunavutContracts.PWGSC@tpsgc-pwgsc.gc.ca) of any errors, omissions or out of date information included within this Annex. Corrections and updates will be applied as soon as possible.

(See 9.35.35 Notification of procurement)

British Columbia

Maa-nulth First Nations Final Agreement

Maa-Nulth First Nations
5091 Tsumas-as Drive
Port Alberni, British Columbia
V9Y 8X9, Canada
Phone: 1-250-724-1802
Fax: 1-250-724-1852
Email: info@maanulth.ca

Huu-Ay-Aht First Nations
Administration Office
PO Box 70
Bamfield, British Columbia
V0R 1B0, Canada
Toll Free: 1-888-644-4555
Phone: 1-250-728-3414
Fax: 1-250-728-1222
Website: www.huuayaht.org
Email: agoreception@huuayaht.org

Huu-Ay-Aht Treaty Office
3483 3rd Avenue
Port Alberni, British Columbia
V9Y 4E4, Canada
Phone: 1-250-723-0100
Fax: 1-250-723-4646

Ka:’Yu:’K’t’h’/Che:K’tles7t’h’ First Nations
General Delivery
Kyuquot, British Columbia
V0P 1J0, Canada
Phone: 1-250-332-5259
Fax: 1-250-332-5210
Website: www.kyuquotbc.ca
Email: tracym@kcfirstnations.com

Toquaht Nation
PO Box 759
1971 Peninsula Road
Ucluelet, BC
V0R3A0
Local: 250-726-4230
Toll Free: 1-877-726-4230
Website: www.toquaht.ca
Email: general@toquaht.ca

Uchucklesaht Tribe
PO Box 1118
Port Alberni, British Columbia
V9Y 7L9
Phone: 1-250-724-1832
Fax: 1-250-724-1806
Website: www.uchucklesaht.ca
Email: ryan.anaka@uchucklesaht.ca

Ucluelet First Nation
PO Box 699
Ucluelet, British Columbia
V0R 3A0, Canada
Phone: 1-250-726-7342
Fax: 1-250-726-7552
Website: www.ufn.ca
Email: john.rankin@ufn.ca

Tsawwassen First Nation Final Agreement

Tsawwassen Government
Tel: (604) 943-2112
Fax: (604) 943-9226
Website: www.tsawwassenfirstnation.com
Email: tedcinfo@tsawwassenfirstnation.com

Quebec

James Bay and Northern Quebec Agreement (JBNQA)

Inuit Portion of JBNQA

Makivvik Corporation
1111 Dr. Frederik-Philips Blvd., 3rd Floor
St-Laurent, QC H4M 2X6
Telephone: 514-745-8880
Facsimile: 514-745-3700

Makivvik Corporation
P.O. Box 179
Kuujjuaq, QC J0M 1C0
Telephone: 819-964-2925
Facsimile: 819-964-0458

Cree Portion of JBNQA

Crees of Oujé-Bougoumou
203 Opemiska Meskino, Box 1165
Oujé-Bougoumou, QC G0W 3C0
Attention: Economic Development Officer
Telephone: 418-745-2519
Facsimile: 418-745-3544

Grand Council of the Crees (of Québec)
81 Metcalfe Street, suite 900
Ottawa, ON K1P 6K7
Telephone: 613-761-1655
Email: gccei@cngov.ca

Eeyou Marine Region Land Claims Agreement

Crees of Oujé-Bougoumou
203 Opemiska Meskino, Box 1165
Oujé-bougoumou, QC G0W 3C0
Attention: Economic Development Officer
Telephone: 418-745-2519
Facsimile: 418-745-3544

Grand Council of the Crees (of Québec)
81 Metcalfe Street, suite 900
Ottawa, ON K1P 6K7
Telephone: 613-761-1655
Email: gccei@cngov.ca

Northeastern Quebec Agreement

Naskapi Development Corporation
120-1000 St-Jean-Baptiste Avenue
P.O. Box 5023
Kawawachikamach, QC G2E 5G5
Telephone: 418-871-5100
Facsimile: 418-871-5254

Naskapi Nation of Kawawachikamach
P.O. Box 5111
Kawawachikamach, QC G0G 2Z0
Telephone: 418-585-2686
Facsimile: 418-585-3130

Nunavik Inuit Land Claims Agreement

Makivvik Corporation
1111 Dr. Frederik-Philips Blvd., 3rd Floor
St-Laurent, QC H4M 2X6
Telephone: 514-745-8880
Facsimile: 514-745-3700

Makivvik Corporation
P.O. Box 179
Kuujjuaq, QC J0M 1C0
Telephone: 819-964-2925
Facsimile: 819-964-0458

Newfoundland and Labrador

Labrador Inuit Land Claims Agreement

Nunatsiavut Government
12 Sandbanks Road
P.O. Box 70
Nain, NL A0P 1L0
Telephone: 709-922-2942
Facsimile: 709-922-2931 or 709-922-2863

Northwest Territories

Gwich’in Comprehensive Land Claims Agreement

Gwich'in Tribal Council
P.O. Box 1509
Inuvik, NT X0E 0T0
Telephone: 867-777-7900
Facsimile: 867-777-7919
Contact: Georgina Firth
Email: gfirth@gwichin.nt.ca

Inuvialuit Final Agreement

Inuvialuit Development Corporation
3rd Floor, Inuvialuit Corporate Centre
107 MacKenzie Road
P.O. Bag # 7
Inuvik, NT X0E 0T0
Telephone: 867-777-7000
Facsimile: 867-777-3256
Email: info@inuvialuit.com

Sahtu Dene and Metis Comprehensive Land Claims Agreement

Déline District Land Corporation
P.O. Box 156
Déline, NT X0E 0G0
Attention: Christine Firth
Telephone: 867-589-8100
Facsimile: 867-589-8101
Email: leeroy.andre@gov.deline.ca

K’asho Gotine District Land Corporation
P.O. Box 18
Fort Good Hope, NT X0E 0H0
Attention: Jacinta Grandjambe
Telephone: 867-598-2519
Facsimile: 867-598-2437
Email: jgrandjambe@yamoga.ca

Sahtu Secretariat Incorporated
P.O. Box 155
Déline, NT X0E 0G0
Attention: Orlena Modeste, Executive Director
Telephone: 867-589-4719
Facsimile: 867-589-4908
Email: ssi.ed@sahtu.ca

Tulita District Land Corporation
P.O. Box 63
Tulita, NT X0E 0K0
Attention: Judith Wright Bird, Executive Director
Telephone: 867-588-3734
Facsimile: 867-588-4025
email: finance@tulitalandcorp.ca

Tlicho Land Claims Agreement

Tlicho Government
P.O. Box 412
Behchoko, NT X0E 0Y0
Telephone: 867-392-6381
Facsimile: 867-392-6389

Nunavut

Nunavut Land Claims Agreement

Nunavut Tunngavik Incorporated
Policy and Planning Division
P.O. Box 638
Iqaluit, NU X0A 0H0
Telephone: 1-888-646-0006
Facsimile: 867-975-4949
Email: eeegeesiak@tunngavik.com

Qikiqtani Inuit Association
P.O. Box 1340
Iqaluit, NU X0A 0H0
Telephone: 867-975-8400 or 1-800-667-2742
Facsimile: 867-979-3238
Email: info@qia.ca

Qikiqtaaluk Corporation
P.O. Box 1228
Iqaluit, NU X0A 0H0
Telephone and Facsimile: 867-979-8400
Email: pkeenainak@qcorp.ca

Kakivak Association
P.O. Box 1419
Iqaluit, NU X0A 0H0
Telephone: 867-979-0911 or 1-800-561-0911
Email: info@kakivak.ca (Note: Notifications to be sent by email only)

Kivalliq Inuit Association
P.O. Box 340
Rankin Inlet, NU X0C 0G0
Telephone: 867-645-5725 or 1-800-220-6581
Email: business@kivalliqinuit.ca (Note: Notifications to be sent by email only)

Sakku Investments Corporation
P.O. Box 188
Rankin Inlet, NU X0C 0G0
Telephone: 867-645-2805
Facsimile: 867-645-2063

Nunasi Corporation
P.O. Box 1559
Iqaluit, NU X0A 0H0
Telephone: 867-979-2175 or 867-979-2160
Facsimile: 867-979-3099 (Note: Notification by email is preferred)
Email: malaya@nunasi.com

Kitikmeot Inuit Association
Lands Division
P.O. Box 360
Kugluktuk, NU X0B 0E0
Telephone: 867-982-3310
Facsimile: 867-982-3311

Yukon

Carcross/Tagish First Nations Final Agreement

Carcross/Tagish First Nation
P.O. Box 130
Carcross, YT Y0B 1B0
Telephone: 867-821-4251
Facsimile: 867-821-4802
Email: reception@ctfn.ca

Champagne and Aishihik First Nations Final Agreement

Champagne and Aishihik First Nations
Box 5310
Haines Junction, YT Y0B 1L0
Telephone: 867-634-4200
Facsimile: 867-634-2108
Email: vinnes@cafn.ca, contactus@cafn.ca

Kluane First Nation Final Agreement

Kluane First Nation
P.O. Box 20
Burwash Landing, YT Y0B 1V0
Telephone: 867-841-4274
Facsimile: 867-841-5900
Email: reception@kfn.ca

Kwanlin Dun First Nation Final Agreement

Kwanlin Dun First Nation
35 McIntyre Drive
Whitehorse, YT Y1A 5A5
Telephone: 867-633-7800
Facsimile: 867-668-5057
Email: les.wilson@kdfn.net, reception@kdfn.net

Little Salmon/Camacks First Nations Final Agreement

Little Salmon/Carmacks First Nation
P.O. Box 135
Carmacks, YT Y0B 1C0
Telephone: 867-863-5576
Facsimile: 867-863-5710
Email: info@lscfn.ca

First Nation of Nacho Nyak Dun Final Agreement

Nacho Nyak Dun First Nation
P.O. Box 220
Mayo, YT Y0B 1M0
Telephone: 867-996-2265
Facsimile: 867-996-2267
Email: main@nndfn.com

Selkirk First Nation Final Agreement

Selkirk First Nation
P.O. Box 40
Pelly Crossing, YT Y0B 1P0
Attn: Betty Baptiste, Personnel Officer
Telephone: 867-537-3331
Facsimile: 867-537-3902
Email: GillB@selkirkfn.com, sfnreception@selkirkfn.com

Ta’an Kwach’an Council Final Agreement

Mundessa Development Corporation
117 Industrial Road
Whitehorse, YT Y1A 2T8
Telephone: 867-668-3613
Facsimile: 867-667-4295
Email: admin@taan.ca

Teslin Tlingit Council Final Agreement

Teslin Tlingit Council
Box 133
Teslin, YT Y0A 1B0
Telephone: 867-390-2532
Facsimile: 867-390-2204
Email: admin@ttc-teslin.com

Tr’ondëk Hwëch’in Final Agreement

Tr'ondëk Hwëch'in First Nation
P.O. Box 599
Dawson City, YT Y0B 1G0
Telephone: 867-993-7100
Facsimile: 867-993-6553
Email: reception@trondek.ca

Vuntut Gwitchin First Nation Final Agreement

Vuntut Gwitchin First Nation
P.O. Box 94
Old Crow, YT Y0B 1N0
Telephone: 867-966-3261
Facsimile: 867-966-3800
Email: reception@vgfn.net

Annex 9.3: Comprehensive Land Claims Agreements evaluation criteria

Effective date: 2013-11-06

(See 9.35.45 Evaluation criteria)

1. James Bay and Northern Quebec Agreement (JBNQA)- Inuit Portion

   The Agreement Respecting the Implementation of the JBNQA, Annex A, Part II (Inuit Employment and Contract Priority) Article 7.0 states,

   "Whenever practicable and consistent with sound procurement management, all of the following criteria, or as many as may be appropriate with respect to any particular government contract, shall be included in the bid evaluation criteria established by Canada for the awarding of government contracts in the Territory:

   1. the contribution by Inuit in carrying out the contract, which will include, but shall not be limited to, the employment of Inuit labour, the engagement of Inuit professional services or the use of Inuit suppliers;
   2. the existence or creation of permanent head offices, administrative offices or other facilities in the Territory; and,
   3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for the Inuit."
2. Inuvialuit Final Agreement

   Treasury Board Contracting Policy Notice 1997-8, Section 2, paragraph 6.00 states:

   "When establishing bid evaluation criteria for the awarding of government contracts, and whenever practicable and consistent with sound procurement management, contracting authorities should consider the potential contribution of the Inuvialuit in carrying out the contract. This may include, as appropriate:

   1. the employment of Inuvialuit, the engagement of Inuvialuit professional services and the use of Inuvialuit suppliers,
   2. the creation of administrative offices or other facilities in the Inuvialuit Settlement Region,
   3. the undertaking of commitments, under the contract, with respect to related on-the-job training or skills development for Inuvialuit."
3. Nunavut Land Claims Agreement
   Article 24.6.1 of the Nunavut Land Claims Agreement states,

   "Whenever practicable, and consistent with sound procurement management, and subject to Canada's international obligations, all of the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria established by the Government of Canada for the awarding of its government contracts in the Nunavut Settlement Area:

   1. the existence of head offices, administrative offices or Other facilities in the Nunavut Settlement Area;
   2. the employment of Inuit labour, engagement of Inuit professional services, or use of suppliers that are Inuit or Inuit firms in carrying out the contracts; or
   3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for Inuit."
4. Sahtu Dene and Métis Comprehensive Land Claims Agreement
   The Implementation Plan for the Sahtu Dene and Metis Comprehensive Land Claim Agreement, Annex A, Project 12-3 states:

   "Whenever practicable and consistent with sound procurement management, and subject to Canada's international obligations, all of the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria for the awarding of government contracts in the Sahtu settlement area:

   1. the existence or creation of head offices, administrative offices or other facilities in the Sahtu settlement area;
   2. the employment of participants labour, engagement of participants professional services, or use of suppliers that are participants or Sahtu Dene and Metis firms in carrying out the contract; or
   3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for the participants."
5. Tlicho Land Claims Agreement
   The Tlicho Agreement Implementation Plan, Annex A, Sheet 26-3, Article 2, Planning Assumptions, states:

   "In order to stimulate socio-economic benefits through the procurement process, and whenever practicable and consistent with sound procurement practices, and subject to Canada's international obligations, all of the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid evaluation criteria for the awarding of government contracts which are wholly or partly in Môwhì Gogha Dè Nîîtåèè (NWT):

   1. the inclusion of an Aboriginal Benefits Plan which will assist with socio-economic development projects which are wholly or partly in Môwhì Gogha Dè Nîîtåèè (NWT); or
   2. the employment of Tlicho First Nation labour, engagement of Tlicho First Nation professional services, or use of suppliers that are Tlicho which can act as sub-contractors in assisting with the carrying out of the contract; or
   3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for Tlicho Citizens."
6. Nunavik Inuit Land Claims Agreement
   Article 13.3.4 of the Nunavik Inuit Land Claims Agreement states,

   "Whenever practicable and consistent with sound procurement management, and subject to Canada's international obligations, all of the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria established by the Government of Canada for the awarding of its government contracts for the procurement of goods and services in the Nunavik Marine Region (NMR):

   1. the existence of head offices, administrative offices or other facilities in the NMR;
   2. the employment of Nunavik Inuit labour, engagement of Nunavik Inuit professional services, or use of suppliers that are Nunavik Inuit or Nunavik Inuit enterprises in carrying out the contracts; and
   3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for Nunavik Inuit."
7. Labrador Inuit Land Claims Agreement
   Article 7.10.4 of the Labrador Inuit Land Claims Agreement states,

   "Whenever practicable and consistent with sound procurement practices, and subject to Canada's international obligations, the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria established by the Government of Canada for the awarding of Government of Canada contracts for the procurement of goods and services in the Labrador Inuit Settlement Area:

   1. the existence of the head office, administrative offices or other facilities in the Labrador Inuit Settlement Area;
   2. the employment of Inuit labour, engagement of Inuit professional services or use of suppliers that are Inuit Businesses in carrying out the contracts; and
   3. the undertaking of commitments, under the contract, with respect to on the job training or skills development for Inuit."
8. Eeyou Marine Region Land Claims Agreement
   Article 21.3.4 of the Eeyou Marine Region Land Claims Agreement states,

   "Whenever practicable and consistent with sound procurement management, and subject to Canada's international obligations, all of the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria established by Government for the awarding of its Government Contracts for the procurement of goods and services in the Eeyou Marine Region (EMR):

   1. the existence of head offices, administrative offices or other facilities in Eeyou Istchee;
   2. the employment of Cree labour, engagement of Cree professional services, or use of suppliers that are Cree or Cree Enterprises in carrying out the contracts; and
   3. the undertaking of commitments, under the contract, with respect to on-the-job training or skills development for Crees."

Annex 9.4: Requirements for the Set-aside Program for Indigenous Business

Effective date: 2022-05-12

(See 9.40.45 Certification by suppliers)

1. Who is eligible?
   1. An Indigenous business, which can be:
      1. a band as defined by the Indian Act
      2. a sole proprietorship
      3. a limited company
      4. a co-operative
      5. a partnership
      6. a not-for-profit organization

      in which Indigenous persons have at least 51 percent ownership and control, or

   2. A joint venture consisting of two or more Indigenous businesses or an Indigenous business and a non-Indigenous business(es), provided that the Indigenous business(es) has at least 51 percent ownership and control of the joint venture.

   The supplier must certify in its submitted bid that it is an Indigenous business or a joint venture constituted as described above.

2. Are there any other requirements attached to suppliers in the Set-Aside Program for Indigenous Business?
   Yes
   1. In respect of a contract, (goods, service or construction), on which a supplier is making a proposal which involves subcontracting, the supplier must certify in its bid that at least thirty-three percent of the value of the work performed under the contract will be performed by an Indigenous business. Value of the work performed is considered to be the total value of the contract less any materials directly purchased by the contractor for the performance of the contract. Therefore, the supplier must notify and, where applicable, bind the subcontractor in writing with respect to the requirements that the Indigenous Set-Aside Program (the Program) may impose on the subcontractor or subcontractors.
   2. The supplier's contract with a subcontractor must also, where applicable, include a provision in which the subcontractor agrees to provide the supplier with information, substantiating its compliance with the Program, and authorize the supplier to have an audit performed by Canada to examine the subcontractor's records to verify the information provided. Failure by the supplier to exact or enforce such a provision will be deemed to be a breach of contract and subject to the civil consequences referred to in this document.
   3. As part of its bid, the supplier must complete the Certification of Requirements for the Set-Aside Program for Indigenous Business(certification) stating that it:
      1. meets the requirements for the Program and will continue to do so throughout the duration of the contract;
      2. will, upon request, provide evidence that it meets the eligibility criteria;
      3. is willing to be audited regarding the certification; and
      4. acknowledges that if it is found NOT to meet the eligibility criteria, the supplier shall be subject to one or more of the civil consequences set out in the certification and the contract.

   See Standard Acquisition Clauses and Conditions(SACC) Manual clauses A3000T , M9030T or S3035T, as appropriate.

3. How must the business prove that it meets the requirements?
   1. It is not necessary to provide evidence of eligibility at the time the bid is submitted. However, the business should have evidence of eligibility ready in case it is audited.
   2. The civil consequences of making an untrue statement in the bid documents, or of not complying with the requirements of the Program or failing to produce satisfactory evidence to Canada regarding the requirements of the Program, may include: forfeiture of the bid deposit; retention of the holdback; disqualification of the business from participating in future contracts under the program; and/or termination of the contract. In the event that the contract is terminated because of an untrue statement or non-compliance with the requirements of the Program, Canada may engage another contractor to complete the performance of the contract and any additional costs incurred by Canada shall, upon the request of Canada, be borne by the business.
4. What evidence may be required from the business?
   1. Ownership and control
      1. Evidence of ownership and control of an Indigenous business or joint venture may include incorporation documents, shareholders' or members' register; partnership agreements; joint venture agreements; business name registration; banking arrangements; governance documents; minutes of meetings of Board of Directors and Management Committees; or other legal documents.
      2. Ownership of an Indigenous business refers to "beneficial ownership" i.e., who is the real owner of the business. Canada may consider a variety of factors to satisfy whether Indigenous persons have true and effective control of an Indigenous business. (See Appendix A Set-aside Program for Indigenous Business for a list of the factors, which may be considered by Canada.)
5. Subcontracts
   1. Evidence of the proportion of work done by subcontractors may include contracts between the contractor and subcontractors, invoices, and paid cheques.
   2. Evidence that a subcontractor is an Indigenous business (where this is required to meet the minimum Indigenous content of the contract) is the same as evidence that a prime contractor is an Indigenous business.
6. Who is an Indigenous Person for Purposes of the Set-Aside Program for Indigenous Business?
   1. An Indigenous person is an Indian, Metis or Inuit who is ordinarily resident in Canada.
   2. Evidence of being an Indigenous person will consist of such proof as:
      1. Indian registration in Canada;
      2. membership in an affiliate of the Metis National Council or the Congress of Indigenous Peoples, or other recognized Indigenous organizations in Canada;
      3. acceptance as an Indigenous person by an established Indigenous community in Canada;
      4. enrollment or entitlement to be enrolled pursuant to a comprehensive land claim agreement;
      5. membership or entitlement to membership in a group with an accepted comprehensive claim;
      6. evidence of being resident in Canada includes a provincial or territorial driver's license, a lease or other appropriate document.

Appendix A Set-aside Program for Indigenous Business

(Excerpt from Treasury Board Contracting Policy Notice 1996-6, Annex A.)

Factors that may be considered in determining whether Indigenous persons have at least 51% ownership and control of an Indigenous business include:

1. capital stock and equity accounts, i.e., preferred stock, convertible securities, classes of common stock, warrants, options;
2. dividend policy and payments;
3. existence of stock options to employees;
4. different treatment of equity transactions for corporations, partnerships, joint ventures, community organizations, cooperatives, etc.;
5. examination of charter documents, i.e., corporate charter, partnership agreement, financial structure;
6. concentration of ownership or managerial control in partners, stockholders, officers trustees and directors-based definition of duties;
7. principal occupations and employer of the officers and directors to determine who they represent, i.e., banker, vested ownerships;
8. minutes of directors meetings and stockholders meetings for significant decisions that affect operations and direction;
9. executive and employee compensation records for indication of level of efforts associated with position;
10. nature of the business in comparison with the type of contract being negotiated;
11. cash management practices, i.e., payment of dividends - preferred dividends in arrears;
12. tax returns to identify ownership and business history;
13. goodwill contribution/contributed asset valuation to examine and ascertain the fair market value of non-cash capital contributions;
14. contracts with owners, officers and employees to be fair and reasonable;
15. stockholder authority, i.e., appointments of officers, directors, auditors;
16. trust agreements made between parties to influence ownership and control decisions;
17. partnership - allocation and distribution of net income, i.e., provision for salaries, interest on capital and distribution share ratios;
18. litigation proceedings over ownership;
19. transfer pricing from non-Indigenous joint venture;
20. payment of management or administrative fees;
21. guarantees made by the Indigenous business;
22. collateral agreements.

Annex 9.5: Procurement Strategy for Indigenous Business set-aside checklist

Effective date: 2022-05-12

1. Has the client indicated that the requirement has been set aside? (See 9.40.1 Decision to set aside a procurement under the Procurement Strategy for Indigenous Business)
   1. If no, and:
      1. The procurement is destined primarily for Indigenous populations, and over $5,000, the contracting officer should draw the client's attention to the potential omission;
      2. Known qualified Indigenous suppliers exist, the contracting officer should draw the client's attention to the potential for a voluntary Procurement Strategy for Indigenous Business (PSIB) set-aside; or
      3. Neither (i) or (ii) above apply, or the client confirms that the procurement is not to be set-aside under PSIB, process the requirement according to standard procurement policies and procedures.
   2. If yes, see below:
2. If the procurement is subject to Comprehensive Land Claims Agreements (CLCAs), determine the extent to which CLCAs and the PSIB set-aside conflict. In cases of conflict, CLCAs take precedence. (See 9.40.5 Procurement Strategy for Indigenous Business and Comprehensive Land Claims Agreements.)
3. Has the client indicated a requirement for subcontracting to Indigenous business? (See 9.40.20 Subcontracting plans.)
4. Notify Business Development Directorate, Indigenous Services Canada (ISC), of receipt of set aside requirement. (See 9.40.30(a).)
5. Solicitation includes the document Requirements for the Set-aside Program for Indigenous Business (Annex 9.4: Requirements for the Set-aside Program for Indigenous Business) and Standard Acquisition Clauses and Conditions Manual (SACC) clauses:
   1. A3002T, if applicable;
   2. A3000T, M9030T or S3035T, as appropriate; and
   3. A3001T, M3030T or S3036T, as appropriate. (See 9.40.10 Procurement strategy for Indigenous Business and trade agreements and 9.40.45(c).)
6. Source requirement according to established policies and procedures, source list, Government Electronic Tendering Service, etc. (See 9.40.35(b).)
7. Notice of Proposed Procurement (NPP)/Advanced Contract Award Notice (ACAN): Include a clear statement that the procurement has been set aside and that only Indigenous businesses will be eligible. (See 9.40.35(e).)
8. Has ISC advised that the procurement is/is not subject to pre-award audit of certifications before solicitation closing? (See 9.40.50(f).)
9. Have all bidders/offerors/suppliers provided signed certificates of eligibility with their bids/offers/arrangements? (See 9.40.45(d).)
10. Evaluation of bids/offers/arrangements according to established criteria.
11. Advise ISC of the two "best-assessed" responsive bidders/offerors/suppliers (without financial information). (See 9.40.50(f).)
12. Has ISC advised regarding results of pre-award audit of certificates of eligibility? (See 9.40.50(f).)
13. Award contract in accordance with established evaluation criteria and result of pre-award audit, if applicable. Any resulting contract issued on the basis of the supplier being Indigenous must include SACC Manual clause A3000C.
14. Advise ISC of contract award within 15 working days. (See 9.40.30(c).)
15. Contract management including advice to ISC regarding changes in contractor's status as an Indigenous business, or requests to ISC to verify continued status (post-award audit). (See 9.40.50(g))
16. The procurement reporting of the set aside under PSIB has been done accurately. (See 9.40.60 Procurement reporting.)

Annex 9.6: Memorandum of Understanding - Canadian Commercial Corporation / Public Works and Government Services Canada

Effective date: 2017-04-27

This annex was removed from the Supply Manual as a result of a review of sections referencing the Canadian Commercial Corporation (CCC). For reference purposes, Annex 9.6 is available in the Supply Manual Archive (accessible only on the Government of Canada network), version 2016-2.

Annex A to Memorandum of Understanding 9.6.1: Responsibility Matrix

Effective date: 2017-04-27

This annex was removed from the Supply Manual as a result of a review of sections referencing the Canadian Commercial Corporation (CCC). For reference purposes, Annex A is available in the Supply Manual Archive (accessible only on the Government of Canada network), version 2016-2.

Annex B to Memorandum of Understanding 9.6.2: Canada-United States Defence Production Sharing Agreements

Effective date: 2017-04-27

This annex was removed from the Supply Manual as a result of a review of sections referencing the Canadian Commercial Corporation (CCC). For reference purposes, Annex B is available in the Supply Manual Archive (accessible only on the Government of Canada network), version 2016-2.

Annex C to Memorandum of Understanding 9.6.3: Canada-United States Defence Development Sharing Agreement

Effective date: 2017-04-27

This annex was removed from the Supply Manual as a result of a review of sections referencing the Canadian Commercial Corporation (CCC). For reference purposes, Annex C is available in the Supply Manual Archive (accessible only on the Government of Canada network), version 2016-2.