Exceptional contracting limits
In addition, or as an exception, to the contracting limits in Part I of this Appendix, the following special contracting limits and other related authorities have been approved by the Treasury Board. These exceptional limits will be used in conjunction with the use of mandatory PWFSC instruments as a first consideration to the extent practicable.
1. Contracting authorities may enter into and amend a service contract for:
1. transportation services from common carriers, regardless of the amount payable, if the rates charged do not exceed the normal rates for such services;
2. electricity, gas, water, sewage disposal, heat and telecommunication services, which, by full or partial regulation, are only available from suppliers at regulated prices or at prices accepted by a regulatory mechanism, regardless of the amount payable, if
• the rates do not exceed the normal rates, and
• the contract does not involve negotiated installation or capital charges in excess of $200,000.
3. the procurement of electricity and natural gas using competitive, electronic tendering when the deregulated portion does not exceed
• $100 million for Public Works and Government Services Canada,
• $20 million for the Department of National Defence and the National Research Council, and
• $5 million for all other departments and agencies
2. 2. Any contracting authority may enter into:
1. any form of agreement used by a railway company for permission to construct or maintain a private crossing or a pipe or cable crossing over, across or under the property of the company, or
2. any agreement with a railway, telegraph, telephone or power company for permission to attach wires to poles belonging to the company,
at a rate or in an amount no greater than those normally charged for each permission.
3. Any contracting authority may enter into a goods or a service contract, regardless of the amount, if the contract derives from a standing offer already approved by the Treasury Board.
4. The Minister responsible for the Canadian International Development Agency may:
1. enter into service contract for an international development assistance program or project, or approve a recipient country's entry into such a contract, if the contract does not exceed
• $20,000,000 for a competitive contract and may amend or further amend those competitive service contracts up to a cumulative value of $10,000,000, or
• $200,000 for a non-competitive contract;
2. increase the amount payable under such a service contract for an international development assistance program or project by a total not exceeding
• $2,000,000 for a competitive contract, or
• $100,000 for a non-competitive contract;
3. when the amount payable under such a service contract has been initially approved by the Treasury Board or has been increased with the approval of the Treasury Board, amend or further amend the contract if the cumulative value of the amendments payable subsequent to each Treasury Board approval does not exceed
• $2,000,000 for a competitive contract, or
• $1,000,000 for a non-competitive contract;
4. enter into a non-competitive service contract for an international development assistance program or project, or approve a recipient country's entry into such a contract if the amount does not exceed $200,000.
5. enter into a competitive construction contract for an international development assistance program or project, or approve a recipient country's entry into such a contract, if the contract does not exceed $20,000,000 and may amend or further amend such a contract when the cumulative amount of the amendments does not exceed $10,000,000;
6. increase the amount payable under such a competitive construction contract for an international development assistance program or project by $2,000,000;
7. when the amount payable under such a competitive construction contract has been initially approved by the Treasury Board or has been increased with the approval of the Board, amend or further amend the contract if the cumulative value of the amendments payable subsequent to each Treasury Board approval does not exceed $2,000,000;
8. approve a recipient country's entry into a goods contract, excluding a fertilizer contract, if the contract does not exceed
• $8,000,000 for a competitive contract, or
• $2,000,000 for a non-competitive contract;
9. increase the amounts payable under a goods contract, excluding a fertilizer contract, let by a recipient country by
• $4,000,000 for a competitive contract, or
• $1,000,000 for a non-competitive contract;
10. approve a recipient country's entry into a fertiliser contract if the total amount payable under the contract, including any amendments thereto, does not exceed $6,000,000 if
• bids are solicited for each purchase and the amounts bid are considered reasonable under prevailing market conditions;
• the lowest bid is accepted where more than one is received; or
• if only one bid is received, the bidder certifies that a most favoured customer price is being offered;
11. when the amount payable under a goods contract let by a recipient country has been initially approved by the Treasury Board or has been increased with the approval of the Board, approve amendments to the contract if the cumulative value of the amendments payable subsequent to each Treasury Board approval does not exceed
• $2,000,000 for a competitive contract, or
• $1,000,000 for a non-competitive contract.
12. for contracts that are let before March 31, 1994, under an international development assistance project that was approved by the Petro-Canada International Assistance Corporation's Board of Directors prior to February 26, 1991,
• enter into a competitive goods contract if the amount does not exceed $4,000,000; and
• enter into a non-competitive goods contract or a non-competitive service contract if the amount does not exceed $1,000,000.
5. The Minister responsible for Public Works and Government Services may enter into or amend an agreement to supply edible agricultural products for foreign aid programs if the total payable under the agreement including any amendments thereto, is no more than $10,000,000:
1. when the bids are reasonable under prevailing market conditions, the lowest valid bid is accepted, or when necessary to obtain the tonnage demanded, successive lowest valid bids are accepted; or
2. when bids, FAS multiple ports, are invited, the lowest valid bid or, when necessary to obtain the tonnage demanded, successive lowest valid bids that result in the lowest total cost to the recipient country are accepted.
6. The Minister responsible for Public Works and Government Services may enter into or amend an agreement to transport by ocean-going vessel any goods shipped for the Canadian International Development Agency if:
1. the aggregate payable under the agreement, including any amendments thereto, does not exceed $5,000,000;
2. the price offered is considered by the Minister to be reasonable under prevailing market conditions; and
3. the lowest valid bid is accepted or, if it is necessary to accept more than one bid to accommodate the quantity of goods to be shipped, successive lowest valid bids are accepted.
7. The Minister responsible for Public Works and Government Services may enter into or amend a contract to repair and overhaul military equipment if the contract, including any amendments thereto, does not exceed $50,000,000.
8. The Minister responsible for Transport may enter into or amend an agreement to
1. charter a vessel,
2. carry cargo by vessel, or
3. load and unload a vessel,
if the total under the contract, including any amendments thereto, does not exceed
1. $1,000,000 in competitive contracts awarded through the electronic bidding methodology,
2. $700,000 in competitive contracts awarded through traditional bidding processes, or
3. $100,000 in non-competitive contracts.
9. The Minister responsible for Foreign Affairs and International Trade may enter into competitive contracts for the design and construction of facilities where the costs do not exceed:
1. $1,000,000 for staff quarters (and $500,000 for amendments)
2. $3,000,000 for an Official Residence (and $1,500,000 for amendments)
3. $10,000,000 for a Chancery (and $5,000,000 for amendments)
4. $10,000,000 for multiple unit facilities (and $5,000,000 for amendments)
5. enter into a non-competitive contract for architectural and engineering services if the amount payable does not exceed $100,000; and
6. increase the amount payable under a non-competitive contract for architectural and engineering services by a total amount not exceeding $50,000.
7. enter into a competitive contract for architectural and engineering services using the traditional competitive method if the amount payable does not exceed $1 million;
8. increase the amount payable under a competitive contract for architectural and engineering services, when the original contract was entered into as a result of the traditional competitive method being used, by the greater of $250,000 or 25% of original contract amount (not to exceed $1 million);
9. enter into a competitive contract for architectural and engineering services using the Electronic Bidding method if the amount payable does not exceed $2 million;
10. increase the amount payable under a competitive contract for architectural and engineering services, when the original contract was entered into as a result of the Electronic Bidding method being used, by the greater of $1 million or 25% of original contract amount (not to exceed $2 million).
10. The Minister responsible for Fisheries and Oceans may:
1. enter into a competitive service contract awarded through electronic bidding process if the amount does not exceed $4,000,000; and
2. increase the amount payable under a service contract awarded through electronic bidding process by a total amount not exceeding $2,000,000.
11. The Minister responsible for the Correctional Services may
1. enter into a contract up to $400,000 for the provision of educational and health care services for inmates, and for the provision of residential and non-residential after-care services to conditionally released offenders; and
2. increase the amount payable under educational, health care and after-care services to conditionally released offenders up to a maximum amendment amount of $200,000.
12. The Minister responsible for the National Archives of Canada may enter into or amend a contract to purchase historical material if the total under the contract, including any amendments thereto, does not exceed $150,000.
13. The Minister responsible for the National Library of Canada may enter into or amend a contract to purchase books and other publications if the total under the contract, including any amendments thereto, does not exceed $150,000.
14. The Minister responsible for Fisheries and Oceans may, for the purpose of pursuing the Fisheries Resource Conservation Council, for a period of five years, starting August 1997, enter into or amend a non-competitive service contract if the total amount including all amendments does not exceed $350,000 for the appointment of the Chairman of the Council and $200,000 for the appointment of a member of the Council.
15. The Minister responsible for Canada Customs and Revenue Agency may enter into competitive goods contracts for printing, using electronic bidding methodology, up to $2,000,000 and amend those contracts up to $1,000,000.
16. The Minister responsible for the Canadian Security Intelligence Service may, for the purpose of pursuing security investigations that require a special degree of confidentiality as determined by the Minister;
1. Deleted. Refer to the Federal Real Property Act and its Regulations;
2. enter into a service contract, or a goods contract (subject to delegation from the Minister responsible for Public Works and Government Services), if the amount does not exceed:
• $2,000,000 for a competitive contract, or
• $1,000,000 for a non-competitive contract;
• increase the amount payable under a goods or services contract by a total that does not exceed:
• $1,000,000 for a competitive contract, or
• $500,000 for a non-competitive contract
17. The Minister responsible for Health may:
1. enter into a contract up to $400,000 for the provision of health care services to Canadian Indians and Inuit; and
2. increase the amount payable under a health care services contract for Canadian Indians and Inuit, up to a maximum amendment amount of $200,000.
18. The Minister responsible for Public Works and Government Services may:
1. enter into a contract for the acquisition of architectural and engineering services if the amount does not exceed $5,000,000 for competitive contracts, or $1,000,000 for non-competitive contracts;
2. increase the approved amount for a competitive architectural and engineering services contract by: $2,500,000; and for a non-competitive architectural and engineering services contract, $100,000;
3. where the approved amount for an architectural and engineering services contract has been increased with the approval of Treasury Board, increase the approved amount of a competitive architectural and engineering services contract by: $250,000; and for a non-competitive architectural and engineering services contract, $100,000.
Note: Between April 1, 2009 and March 31, 2011 the Minister responsible for Public Works and Government Services could, without Treasury Board approval:
4. enter into a contract for the acquisition of architectural and engineering services if the amount does not exceed $5,000,000 for competitive contracts, or $250,000 for non-competitive contracts;
5. increase the approved amount for a competitive architectural and engineering services contract by: $2,500,000; and for a non-competitive architectural and engineering services contract, $250,000;
6. where the approved amount for an architectural and engineering services contract has been increased with the approval of Treasury Board, increase the approved amount of a competitive architectural and engineering services contract by: $1,250,000; and for a non-competitive architectural and engineering services contract, $250,000.
19. Any Contracting Authority, until March 7, 2002, may:
1. enter into a non-competitive contract for printing and related services provided by CCG Inc. if the amount does not exceed $100,000;
2. increase the amount payable under such a contract by a total not exceeding $50,000.
20. The Minister responsible for the Office of the Superintendent of Financial Institutions may, for the purposes of urgent and highly confidential investigations of financial institutions as determined by the Minister:
1. enter into a non-competitive service contract if the amount payable does not exceed $150,000, and
2. increase the amount payable under a non-competitive service contract by a total not exceeding $75,000.
21. The Minister responsible for the National Film Board may enter into and amend non-competitive service contracts for producer services in the making of films up to a combined total of $500,000.
22. The Minister responsible for the Canadian Centre for Management Development may, for the purpose of teaching and research services as determined by the Minister:
1. enter into a non-competitive service contract with a contractor, including one with a former official of the public service, if the amount does not exceed $100,000, or
2. increase the amount payable under such a contract by an amount not exceeding $50,000.
23. The Minister responsible for the Canadian Food Inspection Agency may:
1. enter into a competitive contract using electronic bidding methodology up to a value of $1,000,000 for construction, and $500,000 for amendments;
2. and $100,000 for architectural and engineering services, with $50,000 for amendments.
24. The Minister responsible for the Royal Canadian Mounted Police may:
1. enter into a competitive construction contract awarded through electronic bidding process if the amount does not exceed $10,000,000 and amend such contracts to a maximum of $1,500,000.
2. enter into a competitive architectural and engineering service contract awarded through electronic bidding process if the amount does not exceed $1,500,000 and amend such contracts to a maximum of $350,000.
3. Enter into a non-competitive architectural and engineering service contract awarded through electronic bidding process if the amount does not exceed $100,000 and amend such contracts to a maximum of $50,000.
25. The Minister responsible for Fisheries and Oceans may enter into and amend non-competitive contracts relating to the bait purchase and sales operations of the Newfoundland Bait Purchase and Resale Program, if the total payable under the contract, including any amendments thereto, does not exceed $100,000.
26. The Minister responsible for National Defence may enter into and amend contracts for the provision of flying and glider training services for air cadets, if the total payable under the contract, including any amendments thereto, does not exceed $3,000,000.
27. The Minister responsible for the National Research Council of Canada may enter into and amend contracts for publications and renewals and to acquire backsets without the approval of Treasury Board.
28. The Minister responsible for Human Resources and Development may enter into or amend a non-competitive service contract related to the National Labour Market Innovations Program component of the Canadian Jobs Strategy, if the total amount payable under the contract, including any amendments thereto, does not exceed $200,000 for a service contract.
29. Any contracting authority may enter into a contract for bulk fuel if the contract is pursuant to a standing offer established by Public Works and Government Services Canada and the total payable under each call-up, including any amendments thereto, does not exceed $10,000,000.
30. The Minister responsible for Public Works and Government Services may enter into and amend a contract for the procurement of ammunition under the Munitions Supply Program, if the total payable under the contract, including any amendments thereto, does not exceed $50,000,000.
31. The Minister responsible for Public Works and Government Services may enter into and amend a contract for procurement under the United States Foreign Military Sales Program, if the total payable under the contract, including any amendments thereto, does not exceed $25,000,000.
32. The Minister responsible for Public Works and Government Services may enter into and amend a contract for the procurement of bulk fuels, if the total payable under the contract, including any amendments thereto, or call-up against a standing offer, does not exceed $10,000,000.
33. The Minister responsible for Public Works and Government Services may enter into and amend a contract for non-regulated telecommunications services for $200 million for contract entry and for $100 million for contract amendment, provided electronic bidding has been used, and for $20 million for contract entry and$10 million for contract amendment if traditional competitive bidding has been used.
34. The Minister responsible for the Canada School of the Public Servicemay, for the purpose of teaching and research services related to its operations,
1. enter into a non-competitive service contract with a contractor, including one with a former official of the Public Service in receipt of a pension if the amount does not exceed $100,000; or
2. increase the amount payable under such a contract by a total not exceeding $50,000.
35. The Minister responsible for Environment may, for the purposes of the Meteorological Service of Canada, may, until March 31, 2012:
1. enter into a competitive service contract awarded through the electronic bidding process if the amount of the contract does not exceed $4,000,000; and
2. increase the amount payable under a service contract awarded through the electronic bidding process by a total amount not exceed $2,000,000.
36. The Minister responsible for Public Works and Government Services may enter into and amend contracts with the Government of the United States containing that government's usual terms dealing with indemnity and liability, subject to the limits of the Treasury Board Contracts Directive.
37. The Minister responsible for Agriculture and Agri-Food may, for contracts related to the Canada-Manitoba Partnership Agreement on Municipal Water Infrastructure for Rural Economic Diversification,
1. enter into and amend a competitive construction contract if the total payable under the contract, including any amendments thereto, does not exceed $2,400,000;
2. enter into and amend a competitive service contract if the total amount payable under the contract does not exceed $1,200,000; and
3. enter into and amend a non-competitive service contract if the total amount payable under the contract does not exceed $150,000.
38. The Minister responsible for Indian Affairs and Northern Development may, until March 31, 2012:
1. enter into and amend a non-competitive service contract for the services of federal negotiators for Claims, Litigation and Self-Government Negotiations,up to a cumulative value of $1,500,000 with the following conditions:
• entry level authority limit to a maximum $500,000;
• amendments not to exceed $500,000 in a 12-month period; and
• fees for professional services not to exceed $250,000 in a 12-month period.
2. enter into and amend a non-competitive service contract for the services of Crown deponents and expert witnesses for Department of Indian Affairs and Northern Development (DIAND)litigation up to a cumulative value of $400,000;
3. enter into and amend a non-competitive service contract for the services of Crown deponents and expert witnesses for DIAND litigation who are former public servants in receipt of a pension up to a cumulative value of $150,000 with the following conditions:
• entry level authority limit to a maximum of $100,000;
• each amendment not to exceed $50,000; and,
• all contracts subject to the Treasury Board Contracting Policy with regard to the application of the fee abatement formula.
4. amend contracts with federal negotiators and federal representatives that were entered into under the Exceptional Contracting Approval Limits to extend the period of the explicit indemnification provisions.
39. The Member of the Queen's Privy Council responsible for the Outreach Program may, for contracts related to the Outreach Program,
1. enter into a non-competitive service contract if the amount does not exceed $450,000; and
2. increase the amount payable under a non-competitive service contract by a total not exceeding $225,000.
40. Printing and related services are defined as printing, integrated forms management, warehousing, and distribution, etc. The Minister, Public Works and Government Services Canada, is responsible for printing and related services. The Minister has delegated some of his authority to contract for printing and related services to other ministers responsible for departments and agencies.
41. Deleted.
42. The Minister responsible for the Public Service Commission may, for the purpose of contracting for the services of counsellors for the Diagnostic and Career Counselling Service, enter into a non-competitive service contract with a former public servant in receipt of a pension with exemption from the fee abatement provisions established by Treasury Board, subject to the limits prescribed in Part I of this Appendix.
43. The Minister responsible for Transport may, until March 31, 1999, enter into or amend a competitive service contract for the Eastern Arctic Sealift if the total under the contract, including any amendments thereto, does not exceed $10,000,000.
44. The Minister responsible for Fisheries & Oceans may, for the purpose of pursuing the Salmonoid Enhancement Program, for a period of ten years, starting in August 1997,
1. enter into a non-competitive service contract if the amount does not exceed $1,000,000; and
2. increase the amount payable under a non-competitive service contract by a total not exceeding $500,000.
45. Deleted.
46. The Minister responsible for Environment Canada may, for the purpose of research and technology development in water and waste pollution control in support of federal programs,
1. enter into a non-competitive service contract if the amount does not exceed $500,000; and
2. increase the amount payable under a non-competitive service contract by a total not exceeding $250,000.
47. The Minister of Foreign Affairs, for the purpose of Canadian missions abroad, may enter into and amend traditional competitive security service contracts if the amount does not exceed $3,750,000.
48. The Minister responsible for the Status of Women may, for contracts related to the work of the Panel on Violence Against Women, enter into or amend a non-competitive service contract if the total payable under the contract, including any amendments thereto, does not exceed $250,000.
49. Any contracting authority may enter into and amend a service contract for the acquisition of energy supply, energy efficiency improvements, energy management services and energy management monitoring and training if the total under the contract, including any amendments thereto, does not exceed $25,000,000. This authority may be used provided that each custodian's first energy management contract over $1,000,000 is submitted for Treasury Board approval.
50. Deleted.
51. The Minister responsible for Foreign Affairs and International Trade may, for the purpose of contracting for floor space for a trade show exhibit at organized expositions outside Canada, enter into a non-competitive service contract if the total does not exceed $200,000.
52. Deleted.
53. The Minister responsible of Agriculture and Agri-Food, for the purpose of managing lands held under the Prairie Farm Rehabilitation Act, and the Minister responsible for Fisheries and Oceans, for the purpose of managing the salmonoid fish hatchery facilities; are the only contracting authorities that may
1. enter into a competitive contract for architectural and engineering services if the amount payable does not exceed $400,000;
2. increase the amount payable under a competitive contract for architectural and engineering services by a total amount not exceeding $200,000;
3. enter into a non-competitive contract for architectural and engineering services if the amount payable does not exceed $50,000; and
4. increase the amount payable under a non-competitive contract for architectural and engineering services by a total amount not exceeding $50,000.
54. Notwithstanding the basic contracting limits provided in Part I of this Appendix, any contracting authority, other than those mentioned in paragraphs 18. and 53. of Part II of this Appendix, may only
1. enter into a contract for the acquisition of architectural and engineering services if the amount payable under the contract does not exceed $40,000; and
2. increase the amount payable under a contract for architectural and engineering services by a total amount not exceeding $20,000.
55. The National Capital Commission may enter into and amend contracts without Treasury Board approval.
56. The Minister responsible for the National Research Council of Canada may enter into a competitive construction contract awarded through the electronic bidding process if the amount does no exceed $6,000,000 and amend such contracts that are over $2,000,000 by up to 10% of the contract amount.
57. The Minister responsible for National Defence may enter into competitive contracts relating to the transportation of personnel and materiel, not necessarily with common carriers, provided that at least 3 quotes be requested and only until such time as the Department of National Defence can acquire its own strategic airlift capability, if the total payable under each contract, including any amendments thereto, does not exceed $10,000,000.00.
58. The Minister responsible for National Defence may enter into competitive and non-competitive contracts for services and construction with local Afghan contractors in support of operations in Afghanistan, and Provincial Reconstruction Team-approved Projects aimed at rebuilding the Afghan society, up to a contract value of $1,000,000 including any amendments thereto; this authority limit expires on the termination of the Department of National Defence's mission in Afghanistan.
59. The Minister responsible for Foreign Affairs and International Trade may enter into and amend non-competitive contracts for services where the costs do not exceed $600,000 and $300,000 respectively in support of an official visit to a foreign country by the Prime Minister of Canada and/or the Governor General of Canada. These limits apply only to the Minister and DFAIT officials with delegated authority in the Chief Financial Officer?s Branch.