1. Procurement strategy—Assessor Guidance Document—Supply Arrangement Requirements
1.01 Method of supply selection
Centralized professional Services System (CPSS) is a centralized web-based portal designed to help clients in their procurement of professional services using various Public Services and Procurement Canada (PSPC) standing offers (SO) and supply arrangements (SA).
The following methods of supply are available through the CPSS e-portal:
- Learning Services
- Professional Audits Support Services Supply Arrangement (PASS)
- ProServices
- Solutions Based Informatics Professional Services (SBIPS)
- Task Based Informatics Professional Services (TBIPS)
- Task and Solutions Professional Services (TSPS)
- Temporary Help Services (THS)
ProServices must be used for all requirements valued at below the North American Free Trade Agreement (NAFTA) threshold till June 30, 2020 and below the Canada Korea Free Trade Agreement (CKFTA) threshold, effective July 1st, 2020, where the categories required are contained either in the TBIPS SA, or in the TSPSSA.
THS – When it comes to using the THS in the National Capital Region (NCR) SA procurement personnel must first determine if their requirement meets 1 of the following 3 situations and keep the reason on file:
- When a public servant is absent for a temporary period of time
- When there is a requirement for additional staff during a temporary workload increase, in which there is an insufficient number of public servants available to meet the requirement
- A position is vacant and staffing action is being completed
These are the only 3 situations under which the SA can be used. THS for the NCR must not be used when the client is seeking a solution to a departmental business requirement or for requirements outside the NCR. Other professional services methods of supply are available for these types of requirements.
The Canada-United States-Mexico Agreement (CUSMA) which replaces the obligations of the NAFTA, entered into force on July 1, 2020. NAFTA continues to apply to procurements commenced prior to CUSMA’s effective date of July 1, 2020, until those procurements are completed. With respect to the methods of supply, NAFTA is replaced by the Canada CKFTA.
- Common business rules in the Centralized Professional Services System ePortal
- Temporary help services at a glance
Assessment guidance and notes
When determining the value of the SA requirement for the purpose of determining whether or not ProServices applies, the Contracting Authority must include all option periods (if applicable), all applicable taxes, travel and living expenses, etc.
Note: Threshold for supply arrangement requirements
- NAFTA threshold for SA requirements issued between January 1, 2020 and June 30, 2020 is $108,400
- CKFTA threshold for SA requirements issues after July 1, 2020 is $100,000
Only a contract can be issued against a SA.
Note: Temporary Help Services
- Non-competitive: $40K including applicable taxes and travel
- Competitive method 1: $400K including applicable taxes and travel (except when using right-fit)– Limit 1 resource per contract
- Competitive method 2: $1M including applicable taxes and travel (over $1M with PSPC approval)–Multiple resources possible
| Type | Description | Rationale |
|---|---|---|
| Major non-conformance—policy (documentation) | There is not enough information on file to confirm which Method of supply (MoS) was used. | Without information on file the Assessor cannot confirm which MoS was used at the time the procurement was initiated. (Treasury Board (TB) Contracting Policy, sub-section 5.2.2 and 12.3.1). |
| Major non-conformance—procedural | ProServices was not used for an SA requirement with an estimated value (inclusive of all options, travel expenses and applicable taxes) that was below the NAFTA or CKFTA threshold. | TBIPS and TSPS (Task) SAs require that ProServices be used for SA requirements valued below the NAFTA or CKFTA threshold. |
| Major non-conformance—procedural | ProServices was used to acquire professional services for a category or categories that are not covered by this SA. | ProServices SA states which categories are covered by this SA. |
| Major non-conformance—procedural | ProServices was used for an SA requirement with an estimated value (inclusive of all amendments, options, travel expenses and applicable taxes) that was above the NAFTA or CKFTA threshold. | ProServices may only be used for SA requirements valued at below the NAFTA or CKFTA threshold. |
| Major non-conformance—procedural | ProServices or THS was used for an SA requirement and a call-up was issued against a Supply Arrangement. | ProServices and THS, which has a SA component only, cannot issue a call-up against a SA. If the intent was to issue a call-up, the TSPS MoS should have been utilized |
| Major non-conformance—procedural | THS was used for an SA requirement that does not meet one of the three (3) reasons for using THS. | THS may only be used for SA requirement meeting one of the 3 reasons. If the requirement did not meet one of the 3 reasons, then another MoS should have been utilized. |
| Major non-conformance—procedural | Wrong method of supply was used for a requirement with an estimated value (inclusive of all amendments, options, travel expenses and applicable taxes) that was above the NAFTA or CKFTA threshold. | TSPS solution-based SA is used whereby a supplier defines and provides a solution to a requirement, manages the overall requirement, phase or project and accepts responsibility/risk for the outcome. TSPS Task-based is used for a specific need and is usually associated with a specified set of responsibilities. A task-based set deliverables and is usually not large projects. |
| Major non-conformance—procedural | The value of the contract was based on the wrong percentage of taxes (i.e. 5% instead of 13%). | Contravention of TB Directive on the Management of Procurement sub-section 5.13) and Government of Canada Taxes Web site : GST/HST calculator (and rates) |
1.02 Competitive vs. non-competitive requirements
The requirement for soliciting bids may only be set aside for requirements valued at $40,000 or less.
- Government Contract Regulations (section 6)
- TB Contracting Policy (sub-section 10.2.1)
- Common business rules in the Centralized Professional Services System ePortal
- Temporary help services at a glance
Assessment guidance and notes
For requirements valued at $40,000 (inclusive of all options, amendments, applicable taxes, travel and living expenses, etc.) or less, the Contracting Authority may invoke the "does not exceed $40K" rule in accordance with Government Contract Regulations (GCRs). The Contracting Authority would still be required to perform a search but would have the option of selecting one Supplier from the search results. Contracting Authorities who wish to invoke any of the other 3 reasons for not soliciting bids under the GCRs may not use the Methods of Supply (MoSs) within the Centralized Professional Services System (CPSS) ePortal.
| Type | Description | Rationale |
|---|---|---|
| Major non-conformance—policy (other) | The Contracting Authority invoked the "does not exceed $40k" rule for a contract valued in excess of $40,000. | Exception used does not fit the criteria described in TB Contracting Policy. (TB Contracting Policy, sub-section 10.2.1 (b)) |
| Major non-conformance—procedural | The Contracting Authority invoked 1 of the other 3 reasons for not soliciting bids. | Contracting Authorities who wish to invoke any of the other 3 reasons for not soliciting bids under the GCRs may not use the Methods of Supply (MoSs) within the CPSS ePortal. |
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