Sole Contact: Sector Three #1

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Feedback News Subscribe Share. Business structures and types Thinking of starting your own business? This might mean that they have to charge higher prices for their products or services in order to cover the costs. Decision making — all decisions must be made by the sole trader. There is no room for help by others. So the success or failure of the business rests on one person.

December 9, at February 24, at 2: March 6, at June 20, at July 22, at 6: September 12, at October 14, at 9: October 16, at October 16, at 1: October 17, at 9: November 13, at 3: March 20, at 9: July 22, at September 3, at 2: September 11, at 1: September 15, at 3: September 30, at 9: October 7, at 2: October 11, at 1: December 3, at 2: May 14, at May 20, at June 4, at 9: August 11, at 5: February 13, at 2: February 24, at 9: July 3, at 9: July 15, at 9: February 3, at 5: Organizations may conduct non-competitive procurement in the circumstances listed below also known as single-source situations ; provided that they do not do so for the purposes of avoiding competition between suppliers or to discriminate against suppliers:.

Where only one supplier is able to meet the requirements of a procurement, Organizations may conduct noncompetitive procurement in the circumstances listed below also known as sole-source situations provided that they do not do so for the purposes of avoiding competition between suppliers or to discriminate against suppliers:. Procurements and the resulting contracts must be managed responsibly and effectively.

Payments must be made in accordance with provisions of the contract. All invoices must contain detailed information sufficient to warrant payment. Any overpayments must be recovered in a timely manner. Assignments must be properly documented. Supplier performance must be managed and documented, and any performance issues must be addressed. To manage disputes with suppliers throughout the life of the contract, Organizations should include a dispute resolution process in their contracts.

Contracts include extensions to the term of the agreement as set out in the competitive documents.

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In such situations, approval from an appropriate authority must be obtained prior to proceeding with the extension. Organizations should coordinate, monitor and control efforts of the internal and external resources to ensure satisfactory completion of assignments on schedule and within budget. When applicable, transfer of knowledge should occur from consultants to staff to avoid continuous reliance on consultants.

For reporting and auditing purposes, all procurement documentation, as well as any other pertinent information must be retained in a recoverable form for a period of seven years. Organizations must have a written policy for handling, storing and maintaining the suppliers' confidential and commercially sensitive information. Organizations must retain all procurement documents as well as any pertinent information for reporting, auditing, and bid dispute resolution purposes.

Organizations must monitor any conflict of interest that may arise as a result of the Members' of the Organization, advisors', external consultants', or suppliers' involvement with the Supply Chain Activities. Individuals involved with the Supply Chain Activities must declare actual or potential conflicts of interest. Where a conflict of interest arises, it must be evaluated and an appropriate mitigating action must be taken.

The following sections provide guidance on how to manage conflicts of interest that may involve procurement process participants, including Members of an Organization and suppliers. A conflict of interest is created where a consultant retained to develop competitive procurement documents has the ability to fulfill the procurement need contemplated in the procurement documents.

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The terms of agreement must preclude any consultant retained to develop the competitive procurement documents from participating in the competition. A conflict of interest may exist that involves the Members of an Organization. Where a conflict of interest is declared, Organizations must ensure that the Members of an Organization sign a conflict-of-interest declaration.

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In addition to the situations that might result in a conflict of interest for all Members of an Organization and advisors, Organizations must identify any additional conflicts of interest that may arise as a result of Members of an Organization and advisors participation in the evaluation of bids.

Evaluation team members must sign the conflict-of-interest declaration and non-disclosure agreement before each evaluation. Competitive procurement documents must outline bid dispute resolution procedures to ensure that any dispute is handled in an ethical, fair, reasonable and timely fashion.

Bid dispute resolution procedures must comply with bid protest or dispute resolution procedures set out in the applicable trade agreements. Bid dispute resolution can be managed through a number of processes designed to resolve a procurement related conflict, dispute or claim. Organizations must establish bid dispute resolution procedures to address suppliers' concerns related to any aspect of the procurement process.

While the three key approaches are described below, when determining what methods will be most suitable for each procurement, Organizations should consult their legal experts. Negotiation is a voluntary and usually informal process in which parties identify issues of concern, explore options for resolution of the issues and search for a mutually acceptable agreement to resolve the issues raised.

Negotiation is different from mediation in that there is no neutral individual to assist the parties negotiate. Mediation is a private process, where a neutral third person, called a mediator, helps the parties discuss and try to resolve the dispute. The parties have the opportunity to describe the issues; discuss their interests, understandings and feelings; provide each other with information; and explore ideas for the resolution of the dispute. The process remains "voluntary" in that the parties are not required to come to an agreement.

The mediator does not have the power to make a decision for the parties, but can help the parties find a mutually acceptable resolution. The only people who can resolve the dispute in mediation are the parties themselves. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.

The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator. After the hearing, the arbitrator issues an award. The arbitration process may be either binding or non-binding. When arbitration is binding, the decision is final, may be enforced by a court and may only be appealed on very narrow grounds. When arbitration is nonbinding, the arbitrator's award is advisory and can be final only if accepted by the parties. Dispute resolution processes may prove to be faster and more cost efficient than the traditional legal process.

Certain processes can provide the involved parties with greater involvement in reaching a solution, as well as more control over the outcome of the dispute. Dispute resolution processes are not mutually exclusive. To resolve certain disputes, a number of different resolution approaches may be used in sequence. An example of such sequence is presented in the flowchart graphic below.

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For a screen-reader accessible description of this flowchart graphic, please see the Steps of Dispute Resolution Process underneath the graphic. Steps of Dispute Resolution Process accessible content of graphic above for screen-readers. A value-add incentive is an offer by a supplier, over and above the primary goods or services being purchased, with the intent to increase the total value received by the customer. The current national practices are varied with some organizations choosing not to include value-add incentives in their procurement process and others developing specific policies regarding this practice.

The following rules for the use of value-add incentives have been compiled by incorporating the requirements and guidance of other provinces:. Organizations should be aware that the U. Foreign Corrupt Practices Act prohibits U. Under this Act, BPS purchasers are considered foreign government officials. Organizations willing to receive value-add incentives must ensure that they maintain the principles of open, fair and transparent procurement.

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To maintain such transparency, value-add incentives must not be considered unless they are explicitly requested in the competitive procurement documents. Organizations must govern their procurement practices according to multiple trade agreements. As these trade agreements are regularly being updated and new ones developed, the rules regarding value-add incentives may be impacted. This section is subject to change to align with any broader principles that may be identified through the trade agreements to ensure a coordinated approach.

Each Organization is responsible for developing its procurement strategy based on business and legal requirements, the Directive and applicable trade agreements.

Organizations should consult their lawyers and advisors to determine their obligations. The table below describes some of the strategies that Organizations can use. The table also indicates the mandatory requirements of the Directive that Organizations are to follow when conducting procurement. The procurement strategies listed above are considered leading practice. Organizations should utilize these strategies consistently with principles of openness, fairness and transparency.

An RFT or RFQ is used where the Organization is able to formulate clear and definite delivery and performance requirements, terms and conditions. Work is awarded based, predominantly or solely, on price and delivery requirements. Contract A sets out the deliverable requirements, evaluation criteria and reserved rights of the Organization, determined in accordance with business and legal requirements, the Directive and applicable trade agreements.

Terms of Contract B may be specified as negotiable or non-negotiable. An RFP is used where Organizations require solutions for the delivery of complex goods or services or, where explicitly required, to provide alternative options or solutions. Price is not the sole factor in awarding work agreements. Organizations should keep the negotiable terms at a minimum level to ensure fairness, transparency and accountability.

Terms that are essential or mandatory to the agreement should not be subject to negotiation. An RFSQ is used to gather information about supplier capabilities and qualifications, with the intention of creating a pre-qualified supplier list or a VOR arrangement. An RFSQ is the first stage in a two-stage selection process. It is important to specify the selection process in an RFSQ to ensure that the rules are clear to suppliers submitting responses. An RFI and RFEI are used to assess supplier capabilities or to conduct market research, without the intention of evaluating the responses or awarding a contract.

Organizations may use procurement strategies that are not listed above, as long as these strategies do not contradict the requirements of the Directive. When adopting an alternative procurement strategy, Organizations are encouraged to consult with their procurement advisors and legal experts to ensure compliance with the Directive. Segregation of Duties and Approval Authority Levels Approval Authority for Procurement of Goods and Services Competitive Procurement Thresholds Competitive Procurement Key Process Steps Exceptions from Competitive Procurements Conflict of Interest Evaluation Team Members Bid Dispute Resolution Structuring Bid Dispute Resolution Process Alternative Procurement Strategies Directive Mandatory Requirement 1: Segregation of Duties Organizations must segregate at least three of the five functional procurement roles: Directive Mandatory Requirement 2: Consulting Services Prior to commencement, any procurement of consulting services must be approved in accordance with the Procurement Approval Authority Schedule for Consulting Services.

All Procurements Organizations must not reduce the overall value of procurement e. Directive Mandatory Requirement 3: Directive Mandatory Requirement 4: Information Gathering Where results of informal supplier or product research are insufficient, formal processes such as a Request for Information RFI or Request for Expression of Interest RFEI may be used if warranted, taking into consideration the time and effort required to conduct them.

Directive Mandatory Requirement 5: Supplier Pre-Qualification The Request for Supplier Qualification RFSQ enables Organizations to gather information about supplier capabilities and qualifications in order to pre-qualify suppliers for an immediate product or service need or to identify qualified candidates in advance of expected future competitions.

Directive Mandatory Requirement 6: Posting Competitive Procurement Documents Calls for open competitive procurements must be made through an electronic tendering system that is readily accessible by all Canadian suppliers. Directive Mandatory Requirement 7: Directive Mandatory Requirement 8: Bid Receipt Bid submission date and closing time must be clearly stated in competitive procurement documents.

Directive Mandatory Requirement 9: Evaluation Criteria Evaluation criteria must be developed, reviewed and approved by an appropriate authority prior to commencement of the competitive procurement process. Directive Mandatory Requirement Evaluation Process Disclosure Competitive procurement documents must fully disclose the evaluation methodology and process to be used in assessing submissions, including the method of resolving a tie score. Evaluation Team Competitive procurement processes require an evaluation team responsible for reviewing and rating the compliant bids.

Evaluation Matrix Each evaluation team member must complete an evaluation matrix, rating each of the submissions. Winning Bid The submission that receives the highest evaluation score and meets all mandatory requirements set out in the competitive procurement document must be declared the winning bid.

Non-Discrimination Organizations must not discriminate or exercise preferential treatment in awarding a contract to a supplier as a result of a competitive procurement process. Executing the Contract The agreement between the Organization and the successful supplier must be formally defined in a signed written contract before the provision of supplying goods or services commences.

Establishing the Contract The contract must be finalized using the form of agreement that was released with the procurement documents. Termination Clauses All contracts must include appropriate cancellation or termination clauses. Term of Agreement Modifications The term of the agreement and any options to extend the agreement must be set out in the competitive procurement documents. Non-Competitive Procurement Organizations should employ a competitive procurement process to achieve optimum value for money.

Contract Management Procurements and the resulting contracts must be managed responsibly and effectively. For services, organizations must: Establish clear terms of reference for the assignment.