Contracting Policy Notice 2021-2: Continued Response to COVID-19 Limited Extension of Temporary Amendments to Contracting Limits

Date: June 11, 2021
To: Functional Heads, Finance and Administration of all Departments and Agencies
Subject: Extension and Revision of Amendments to Contracting Policy to Support the Government of Canada’s Deployment of Covid-19 Vaccines.

Overview

The Government of Canada continues to respond to the evolving nature of the COVID-19 pandemic. Emergency contracting limits have been used consistently over the time they have been in force.  Time-limited increases to certain contracting limits have been extended or amended to assist departments and agencies in responding to this ongoing situation.  Unless otherwise indicated below, the time-limited amendments identified in Contracting Policy Notice 2020-4 will expire on June 30, 2021. All amendments detailed in this notice will remain applicable until December 31, 2021.  

Public Services and Procurement Canada (PSPC) continues to coordinate centralized purchases of specific commodities (for example, personal protective equipment) on behalf of the Government of Canada and the Provincial and Territorial Governments. Departments should continue to verify with PSPC whether a coordinated procurement is underway for the commodity the organization seeks to purchase before proceeding with the procurement.

Amendments to the Treasury Board Contracting Policy

The following amendments to Appendix C, of the Contracting Policy are in effect until December 31, 2021 for contracts related to the Government’s response to the COVID-19 pandemic:

1. The $3 million emergency contracting limit for all Ministers has been extended exclusively for the following three departments: Public Health Agency of Canada, Health Canada and the National Research Council.
2. The time-limited emergency contracting limit of $3M will expire on June 30, 2021 for all other departments not specified in paragraph a).  Please note that while the basic departmental emergency limit is otherwise returned to $1 million, this amendment does not lower any other emergency limit that is greater than $3 million, as specified in Appendix C, Part III of the Contracting Policy. Starting on July 1, 2021, all other departments not specified in paragraph a) are to report on emergency contracts awarded under the $1 million emergency contracting limit toTBS within 60 calendar days of entering into or amending the contract. 
3. The $500 million emergency contracting limit for the Minister of Public Services and Procurement is extended.
4. The unlimited emergency contracting limit for the Minister of Public Services and Procurement for the acquisition and deployment of vaccines, (including booster shots), has been extended.  
5. The temporary exceptional contracting limit for the Minister of Public Services and Procurement to exercise the options in emergency contracts and to enter into and amend contracts up to $250M for the competitive procurement of goods and services to support the Government’s response to the COVID-19 pandemic has been extended.

Reporting Requirements

Departments using the limits described in paragraphs a, c, d and e above are required to provide TBS with reports on their COVID-19 contracts every three months.  The reports are due to be submitted on July 15, 2021, October 15, 2021, and January 15, 2022.

The reports must include the information required for emergency contracts set out in Appendix C, Part III of the Contracting Policy. Note that emergency contracts, including COVID-19 related procurement, not subject to the emergency contracting limits identified in paragraphs a, c, d or e must continue to be reported to TBS within 60 calendar days of entering into or amending the contract.

Departments are reminded to continue to follow applicable provisions of the Government Contracts Regulations, the Contracting Policy, and regarding the proactive disclosure of contracts, the Access to Information Act.

Reports are to be submitted to the Procurement Policy Division and to:

Departments are reminded to track expenditures associated with contracts issued in relation to COVID-19 to feed into their COVID-19 Response Expenditure Report. For more information, refer to the Guidance for the Expenditure Report - COVID-19 Response (accessible only on the Government of Canada network).

Enquiries

Questions about this policy notice should be directed to TBS Public Enquiries.