In this Chapter:
bid means a submission in response to a call for tenders;
call for tenders means a call for competitive bids from suppliers, inviting them to submit a tender or proposal for the purpose of a procurement;
Canadian good means a good produced exclusively from domestic materials, a good manufactured in Canada or a good which if exported outside of Canada would qualify as a good of Canada under appropriate rules of origin;
Canadian service means a service performed in Canada by persons of a Party;21
Canadian supplier means a supplier that has a place of business in Canada;
Canadian value-added means:
(a) in relation to services, the proportion of the service contract performed by residents of Canada; and
(b) i n relation to goods, the difference between the dutiable value of imported goods and the selling price, taking into account any value added by manufacturers and distributors, and including any costs incurred in Canada related to:
(i) research and development;
(ii) sales and marketing;
(iii) communications and manuals;
(iv) customization and modifications;
(v) installation and support;
(vi) warehousing and distribution;
(vii) training; and
(viii) after-sales service;
The preference for Canadian value-added, as used in Article 504(5)(a), means the premium that may be awarded by a Party during the evaluation of bids for Canadian value-added, not the required level of Canadian content;22
construction means a construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, the supply of products and materials, the supply of equipment and machinery if they are included in and incidental to the construction, and the installation and repair of fixtures of a building, structure or other civil engineering or architectural work, but does not include professional consulting services related to the construction contract unless they are included in the procurement;
electronic tendering means the use of a computer-based system directly accessible by suppliers and providing them with information related to calls for tenders and requests for information;
goods means, in relation to procurement, moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property) and includes raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract;
information technology means software, electronic equipment or combinations thereof used to collect, store, process, communicate, protect or destroy information in all its forms, particularly in the form of text, symbol, sound and image;
place of business means an establishment where a supplier conducts activities on a permanent basis that is clearly identified by name and accessible during normal working hours;
procurement means the acquisition by any means, including by purchase, rental, lease or conditional sale, of goods, services or construction, but does not include:
(a) any form of government assistance such as grants, loans, equity infusion, guarantees or fiscal incentives; or
(b) government provision of goods and services to persons or other government organizations;
procurement procedures means the processes by which suppliers are invited to submit a tender, a proposal, qualification information, or a response to a request for information and includes the ways in which those tenders, proposals or information submissions are treated;
procurement value means the estimated total financial commitment resulting from a procurement, not taking into account optional renewals when the compulsory part of the contract is of at least one year’s duration;
qualification of goods and services means a process whereby a buyer establishes a list of goods or services capable of responding to a specific need;
request for information means a procurement procedure whereby suppliers are provided with a general or preliminary description of a problem or need and are requested to provide information or advice about how to better define the problem or need, or alternative solutions. It may be used to assist in preparing a call for tenders;
request for qualification means a procurement procedure used for the qualification of goods or services or to invite suppliers, if they meet the required qualification criteria, to register on a permanent source list or on a particular source list intended for a specific tender or some specific subsequent tenders;
services means all services including printing, but does not include those services excluded by Annex 502.1B;
statutory monopoly means an enterprise that in any relevant market in the territory of a Party has been designated by law or by governmental authority as the sole provider of a good or service;
supplier means a person who, based on an assessment of that person’s financial, technical and commercial capacity, is capable of fulfilling the requirements of a procurement and includes a person who submits a tender for the purpose of obtaining a construction procurement;
tender means a response to a call for tenders;
technical specification means a specification that sets out characteristics of goods or their related processes and production methods, or characteristics of services or their related operating methods, including applicable administrative provisions, and may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, process, or production or operating method.
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21 This definition was added to the Agreement on Internal Trade by means of the Seventh Protocol of Amendment.
22 This paragraph was added to the definition by means of the Seventh Protocol of Amendment.