The contract amendment approval document is used to seek approval to amend a contract/standing offer/supply arrangement. The amendment approval authority required will determine the document to be used. The amendment approval documents are:
- the "Contract Amendment Request" form is used for director general and regional director general approval and below, at the sector's or region's discretion;
- the form PWGSC-TPSGC 1151-1, Contract and Contract Amendment Request, must be used for assistant deputy minister approval;
- the TB submission form, available in the TB publication A Guide to Preparing Treasury Board Submissions, must be used for amendments requiring TB approvals;
- see Annex 6.3: Preparation of contract amendment approval documents for instructions on the preparation of contract amendment approval documents listed in (i) and (ii) above. For TB submissions, see 6.5.15 Treasury Board submission.
6.10 Additional reviews
Effective date: 2010-01-11
The contracting officer is responsible for ensuring that the procurement document(s) receive appropriate review and approval by the proper area or authority. Below are some of the reviewing authorities that must be consulted before or during the approval process.
6.10.1 Contract quality control review
Effective date: 2024-04-19
A review of the procurement documents by quality control team of the Specialized Services for Procurement Division (SSPD) or Regional Quality Assurance may be requested by the contracting officer or the approval authority. Procurement documents to be reviewed by SSPD must be recommended by the section Manager and sent to the following generic mailbox: pacontroledelaqualite.apqualitycontrol@tpsgc-pwgsc.gc.ca. The appropriate team will provide written feedback on the procurement documents submitted.
6.10.5 Legal Services review
Effective date: 2014-09-25
- Legal Services must be consulted when the contracting officer is considering a deviation from Standard Acquisition Clauses and Conditions (SACC) Manual clauses or the departmental standard procurement templates or the departmental standard procurement templates, or commodity or sector-based legally approved templates.
- Legal Services must review any requests for lessening Canada's full rights at law, a disclaimer, limitation of the contractor's liability, or decrease of the warranty time period. The proposed changes must also be acceptable to the client, and form part of the request for approval.
- A review by Legal Services is within the discretion of the contracting officer or the approval authority, except in those instances that are mandated by policies and directives within the Acquisitions Program (for example, for sensitive requirements).
- See section 3.110 Legal Services for other situations requiring consultation with Legal Services.
6.10.10 Cost and price analysis services
Effective date: 2024-04-19
When a procurement presents any of the conditions noted below and described in the Directive on the Use of Cost and Price Analysis Services (accessible only on the Government of Canada network), it is mandatory that the contracting officer consult a Price Support Directorate advisor and document the consultation and pricing decisions in the procurement file:
- Any potential sole-source procurement with a total estimated value of $7,500,000 or more, including applicable taxes, options and amendments.
- Any competitive procurement with a total estimated value of $7,500,000 or more, including applicable taxes and options where only one compliant bid is received.
- Any competitive procurement with a total estimated value of $7,500,000 or more, including applicable taxes, with contract provisions for negotiated prices or where prices are likely to be negotiated as a result of a contract amendment.
- Any competitive procurement, with a total estimated value of $10,000,000 or more, including applicable taxes, options and amendments.
Apart from the above mandatory conditions where they must be consulted, Price Support Directorate advisors are always available for consultation on any procurement on a discretionary basis. Refer to the Guideline on the Use of Cost and Price Analysis Services (accessible only on the Government of Canada network) for additional information.
6.10.15 Contract security
Effective date: 2022-05-02
Contracting officers must ensure that any contract security requirement is addressed in the approval documents and that the Contract Security Program (CSP) has been consulted, as appropriate. For more information on contract security, see 4.30.10 Security in contracts to 4.30.30 Foreign ownership, control or influence and 5.15 Verifying compliance with security requirements.
6.10.20 Client department review
Effective date: 2012-04-05
- Client departments must review and provide their written concurrence that the client’s input into the solicitation document (e.g. Statement of Work, Statement of Requirement, specification, evaluation) is accurately reflected within the solicitation document and the TB submission, in accordance with Annex 1.1: Matrix of responsibilities between PWGSC and client departments for the Procurement of Goods and Services (generic) and Annex 1.2: Specific division of responsibilities agreements.
- For the generic division of anticipated types of responsibilities between PWGSC and client departments, consult Annex 1.1: Matrix of responsibilities between PWGSC and client departments for the Procurement of Goods and Services (generic); for the two client-specific agreements with the Department of National Defence, consult Annex 1.2: Specific division of responsibilities agreements.
- A specific procurement may require the modification or deletion of individual conditions. These changes must be discussed with the client before inclusion in the solicitation or contract/standing offer/supply arrangement, to ensure that complete understanding exists as to the extent of the client's rights and responsibilities. For the responsibilities of the client department with respect to the solicitation, see 4.75.1 Client department review of elements of a solicitation.
6.20 Contract approval and signing authorities
Effective date: 2024-04-19
- The internal approval and signing authorities, the conditions imposed on the approval authority limits, the exceptions to the approval authority limits and other guidelines are contained in the annexes of this chapter.
- Contract approval and signing authorities in support of clients' programs must be exercised in accordance with the applicable legislation and regulations, and within Public Works Government Services Canada (PWGSC) policies and guidelines.
- The contract approval and signing authorities detailed in Annex 6.4.2: Contracting limits including exceptional authorities are applicable to procurement requirements from client departments including when PWGSC is a client.
- The contract approval and signing authorities in support of clients' programs apply to all contractual documents and arrangements, including the following:
- purchase orders;
- contracts;
- formal agreements and arrangements (e.g., Interdepartmental Memorandum of Understanding (MOU));
- standing offers and supply arrangements;
- letters of intent;
- go-ahead letters and go-ahead messages;
- Stores Transfer Orders;
- Supply Transfer Orders;
- written direction to the Agency of Record (e.g., work authorization);
- assignments;
- consents to subcontract;
- termination for convenience notices; and
- amendments to any of the above.
- Conditions and limits set out in Annex 6.4: Conditions imposed on the approval authority limits for Public Works and Government Services Canada personnel will apply to the approval and signing of all contractual documents and arrangements, including those arrangements that are not subject to the Government Contracts Regulations and Treasury Board Contracts Directive, unless approval and signing limits are set out within an existing Memorandum of Understanding.
- The Deputy Minister's approval is required when the value of transfer agreements between departments (e.g., transfer orders with CORCAN) exceeds the approval limits set out in Annex 6.4.
- Treasury Board approval is required when the value of contractual arrangements with provincial or municipal governments, or provincial or federal Crown corporations exceeds the approval limits set out in Annex 6.4.
- Approval of contracts that include options must be sought in accordance with the total estimated cost including any options for which funds are available or expected to be provided in the future (see Annex 6.4.6: Contract amendment approval instructions).
- More than one contractual document must not be issued, under any circumstance, in order to circumvent the necessity of obtaining the proper approval authority.
- If an Advance Contract Award Notice (ACAN) is published when directing a requirement to a specific supplier or vendor for the purposes of contract approval authorities, the procurement is classified under the "competitive" category. The competitive approval authority levels apply, whenever an ACAN has been posted and no valid Statement of Capabilities was submitted. See Annex 6.4.2: Contracting limits including exceptional authorities.
6.20.1 Delegated authority to incumbents
Effective date: 2010-01-11
6.20.1.1 Responsibilities
Effective date: 2015-09-24
All the authorities granted to and exercised by contracting officers in PWGSC are provided subject to the following:
- if a contracting officer's responsibilities do not require the officer to exercise a particular authority (for any type of authority or above a particular dollar level) then that contracting officer does not, in fact, have that authority. Any and all authority granted to an incumbent of a position must be commensurate with, but not greater than, the level required to carry out the responsibilities assigned to the incumbent; and
- it is a requirement that the relationship between responsibilities and authorities for each designated contracting officer be recognized on individual delegation forms. See PWGSC Delegation of Authorities Manual (accessible only on the Government of Canada network) .
6.20.1.5 Incumbent
Effective date: 2022-12-01
- Limits to the contract approval and signing authorities granted by the Minister and Deputy Minister to incumbents of designated positions are as set out in Annex 6.4: Conditions imposed on the approval authority limits for Public Works and Government Services Canada personnel. These are maximum limits which may be reduced at the discretion of the appropriate managers.
- The Minister and Deputy Minister delegate authorities to position titles (generic or specific) and not to individuals by name. Supervisors must inform new incumbents of their levels of contract approval and signing authority to be exercised by completing and signing a schedule 3 delegation form (accessible only on the Government of Canada network). The authority is valid when the incumbent’s schedule 3 form is approved and signed. The authority can be limited to a certain period of time (e.g. during an acting period).
- Contracting officers who have previously exercised contract approval and signing authorities in another position may exercise, upon promotion, the authorities delegated to incumbents at the new level once a new individual delegation form is completed and signed. General information on Delegation of Authority Instruments is available to PWGSC employees on-line at Delegation of Authorities. Further information on the principles of delegation of authority and proper use of the authorities is available at Delegation Principles.
- Directors general must withhold full contract approval and signing authorities from anyone who has had no PWGSC purchasing/contracting experience until competence has been demonstrated at a lower level of authority for at least six months.
- To facilitate audit requirements, a signed electronic copy of the individual delegation form must be forwarded to PA Politiques/AP Policy ( TPSGC / PWGSC ) at the following address: tpsgc.papolitiques-appolicy.pwgsc@tpsgc-pwgsc.gc.ca for record keeping purposes only. A signed copy is valid, ready to use, and must be kept on file by the incumbent for future reference.
6.20.1.10 Acting incumbent
Effective date: 2023-06-08
- Designation of an acting incumbent for a position, to which a level of authority has been granted, must be made by an authority level no less than that of the incumbent's supervisor.
- The acting incumbent should normally be given the full contract approval and signing authorities of the position. However, the acting incumbent must not exercise these authorities on a procurement file for which the acting incumbent was responsible in the incumbent's normal position.
- If an incumbent is to perform the duties of a position in an acting capacity for a period of four months or longer, then the incumbent's supervisor will delegate authorities by signing the Schedule 3 Specimen Signature Card (accessible only on the Government of Canada network) indicating the period that these authorities are to be in effect.
- In those situations where an incumbent is to perform the duties of a position in an acting capacity for a period of less than four months (e.g. vacation replacement), then the incumbent's supervisor will delegate authorities by email, indicating the period that these authorities are to be in effect. An example of an email is as follows:
Objet/Subject: Absence de______________ /Absence of ______________
Par la présente je vous avise que l'employé(e) sous nommé(e) sera absent(e) pendant la période spécifiée. Pour assurer la continuité des opérations, les pouvoirs contractuels seront délégués au(à la) candidat(e) nommé(e) ci-dessous.
This is to advise that the individual named below will be absent for the specified period. To ensure continuity of operations, acting contractual authorities have been delegated to the following appointee.
Personne absente/
Person Absent: ___________________
Titre du poste comblé/
Position Title occupied: ___________________
Période/Period: ___________________
Candidat(e) nommé(e)/
Appointee's name: ___________________
Approuvé par/
Approved by: ___________________
- The e-mail must be sent to the acting incumbent, with a copy to all contracting officers reporting to that position, and the Senior Purchasing Assistant of the supervisor's immediate superior. In addition, a copy of the e-mail must be placed on the file of any contractual document approved/signed by the incumbent while exercising the acting authority.
6.25 Special approval considerations
Effective date: 2010-01-11
6.25.1 Go-ahead Letters
Effective date: 2010-01-11
Go-ahead Letters may be issued after obtaining final approval of the contract submission, provided all appropriate terms and conditions of the proposed contract are known and acceptable to the potential contractor. Go-ahead Letters are subject to the appropriate signing authorities.
6.25.5 Forgiveness of debts
Effective date: 2010-01-11
No PWGSC employee, without the appropriate delegated authority, is authorized to forgive debts arising out of contractual actions and which are owed to Canada. For the authority to write-off debts refer to "Debt Write-Offs (Deletion of Debts)" (accessible only on the Government of Canada network) in the departmental Delegation of Authorities Instrument. For more information regarding debt write-off, see Debt Write-off Regulations, 1994.
6.25.10 Waive of interest
Effective date: 2010-01-11
No PWGSC employee is authorized to waive interest owed to Canada without the appropriate delegated authority. For the authority to waive interest charges, refer to "Waive of Interest" (accessible only on the Government of Canada network) in the departmental Delegation of Authorities Instrument. For more information regarding waive of interest, see TB Interest and Administrative Charges Regulations.
6.25.15 Per Diem rates
Effective date: 2012-04-05
This section of the Supply Manual has been removed as per ARCHIVED - Policy Notification 105 (PN-105).
6.25.20 Contract amendment
Effective date: 2024-04-19
The appropriate approval authority for contract amendments is determined by the type of contract amendment. The different types of contract amendments are listed in the subsections below.
6.25.20.1 Administrative contract amendments
Effective date: 2024-04-19
Administrative contract amendments are used to make contract changes that do not create additional risk or liability to Canada and do not increase the contract value (that is nil or reduction in contract value amendment). This type of amendment is appropriate for changing contract details such as contact information (for the contractor or the client or the contracting authority), or to reduce the contract value for work no longer required under the contract. A Risk Assessment for Amendments (RAA) is not required for administrative contract amendments because there is no impact to the approval value and no additional risk or liability to Canada. An incumbent, under any level, who holds a valid delegation of approval authority for contract entry for the applicable commodities may approve and sign administrative contract amendments. For more on administrative contract amendments, refer to Annex 6.4.8: Amendment approval instructions for all complexities.
6.25.20.2 Nil or reduction in contract value amendments involving additional risk to Canada
Effective date: 2024-04-19
Nil or negative value contract amendments that propose changes to either the basis of payment, the method of payment or the contract conditions, so that additional risk or liability is transferred to Canada, must be authorized in accordance with the Risk Assessment for Amendments (RAA). For more on nil or negative value amendments where risk or liability will be transferred to Canada, refer to Annex 6.4.8: Amendment approval instructions for all complexities.
6.25.20.3 Pre-approved contract amendments
Effective date: 2024-04-19
Pre-approved contract amendments are used to exercise options or authorize work that was identified and approved in the original approval documents. These include, but are not limited to:
- amendments issued to exercise an option for additional quantities or years that formed part of the original bid solicitation and approved as part of the original contract approval submission;
- amendments which use amounts set-aside for anticipated, but not yet clearly defined, changes (e.g., unscheduled work, design changes, work arising), which were approved as part of the original contract approval submission.
6.25.20.4 Unforeseen contract amendments not pre-approved
Effective date: 2024-04-19
Unforeseen contract amendments are often required to incorporate unforeseen work or unanticipated contract changes that were not preapproved. These include but are not limited to:
- amendments to purchase an additional quantity of the same item under the contract requirement not previously anticipated and not pre-approved;
- amendments to add an additional requirement to the contract not previously anticipated and not pre-approved;
- amendments to extend the period of contract due to unforeseen delays (outside of the contractor's control) to allow all work under contract to be completed; or
- amendments to increase the contract value beyond the original approval.
Unforeseen contract amendments that do not fit within the description of the original approval or go beyond the scope or value of the original approval must be approved at the appropriate level. The appropriate approval authority level for an unforeseen contract amendment (not previously approved) within Complexity Levels 1 through 3 inclusive is determined by completing a RAA . For unforeseen contract amendments (not previously approved) that fall within Complexity Levels 4 and 5, the approval of the Assistant Deputy Minister - Procurement Branch or Defence and Marine Procurement Branch is required. For more on unforeseen contract amendments not pre-approved refer to Annex 6.4.8: Amendment approval instructions for all complexities.
6.25.25 Financial evaluation of bids/offers/arrangements
Effective date: 2014-09-25
- For any competitive procurement requiring contract entry approval of the Assistant Deputy Minister or above, more than one employee of Public Works and Government Services Canada must be involved in the evaluation of the prices. For more information on financial evaluation of bids/offers/arrangements, see section 5.45 Financial evaluation of bids.
- For competitive procurements under Complexity Levels 2 and 3, a peer review of the results of the bid (technical and financial) evaluation and contractor selection must be obtained if determined by the results of the procurement risk assessment.
- For competitive procurements under Complexity Levels 4 and 5, a peer review is mandatory.
- Refer to section 5.45.1 Formal Peer Review – evaluation of bids for instruction on performing a Formal Peer Review.
6.25.30 CORCAN
Effective date: 2010-01-11
Although arrangements with CORCAN are not governed by the Government Contracts Regulations and the Treasury Board Contracts Directive, all existing departmental limits governing the approval of entry into and signing of contracts apply.
6.25.35 Stop work orders and notices of termination
Effective date: 2014-09-25
Stop work orders and notices of termination must be approved and signed by a contracting officer in accordance with the Procurement Risk Assessment for Amendments (PRAA). The contract value at the time of the termination is used in the value question of the PRAA .
6.25.45 Trade-ins
Effective date: 2012-04-05
Contracts for which trade-ins have been approved through disposal operations procedures are subject to approval authorities as detailed in Annex 6.4: Conditions imposed on the approval authority limits for Public Works and Government Services Canada personnel. (All trade-ins are disposal operations and, as such, are subject to disposal operations procedures.) The trade-in value will not be considered in determining the required level of authority.
6.25.50 Treasury Board exceptional contracting limits
Effective date: 2012-04-05
- PWGSC may enter into 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 at a rate or in an amount no greater than those normally charged for each permission.
- PWGSC may enter into any agreement with a railway, telegraph, telephone or power company for permission to attach wire to poles belonging to the company at a rate or in an amount no greater than those normally charged for each permission.
- PWGSC may enter into and amend contracts with the United States Government containing that government's usual terms dealing with indemnity and liability, subject to the limits of the TB Contracts Directive.
6.25.55 Contracts for Legal Services
Effective date: 2024-02-16
Contracts for the performance of legal services may be entered into only by or under the authority of the Minister of Justice. However, the following organizations are exempted from this provision:
- Members of the Military Police Complaints Commission of Canada
- Members of the Military Grievances External Review Committee
- The Chief Administrator of the Courts Administration Service
- Members of the Canadian Nuclear Safety Commission
- The Director of Defence Counsel Services
- The Auditor General of Canada
- The Chief Electoral Officer of Canada
- The Commissioner of Lobbying
- The Commissioner of Official Languages
- The Director of Public Prosecutions
- The Information Commissioner of Canada
- The Intelligence Commissioner
- The Privacy Commissioner of Canada and
- The Public Sector Integrity Commissioner of Canada
6.25.60 Standing offer
Effective date: 2014-09-25
- The inclusion of a limitation of expenditure in standing offers is optional (see section 4.10.20.1 Standing offer procedures).
- The approval authority to establish standing offers which do not contain a limitation of expenditure will be determined by the results of the procurement risk assessment using "standing offer" delegation.
- When completing the risk assessment, contracting officers must enter the total estimated procurement value for the entire standing offer period.
- For those standing offers which contain a limitation of expenditure, the approval authority required to revise the standing offer method of supply is in accordance with the appropriate contract amendment delegation of authority for the specific commodity (i.e. goods, services).
- If advance approval was not sought or given to issue a standing offer, then approval to issue each resulting standing offer is required. The total estimated value of each resulting standing offer is used to determine the approval authority.
- If advance approval for Public Works and Government Services Canada to issue call-ups on behalf of a client against a standing offer was not requested at the time of obtaining approval to establish the standing offer, the approval authority for each call-up will be determined by the procurement risk assessment using the appropriate commodity delegation (e.g. goods, services, construction).
- For more information on standing offers, see 3.40 Standing offer method of supply and 4.10.20 Request for standing offers. For more information on supply arrangements, see 3.45 Supply arrangement method of supply and 4.10.25 Request for supply arrangements.
6.30 Procurement process initiated by client
Effective date: 2012-04-05
Public Works and Government Services (PWGSC) is sometimes asked to process requirements when the procurement process was initiated by client departments (e.g. sourcing, bidding, evaluation, selection). For details on how to process these types of requirements, refer to section 2.65 Procurement process initiated by client.
6.30.1 Ratification by Treasury Board
Effective date: 2022-05-12
- If a contracting authority enters into a contract without Treasury Board approval when such approval should have been obtained, ratification by the Treasury Board must be sought as soon as possible.
- The request for TB approval must include information on the circumstances, the type and value of the contract awarded, and whether it was possible to seek bids.
- In a case where contract approval is being sought for work already commenced, the contracting officer must include with the request the concerned client department's certification that it had agreed to the commencement of work before the receipt of TB approval.
- Where ratification is required due to an administrative oversight, the corrective measures taken to minimize administrative oversights must be outlined in the request.
6.30.5 Ratifications within departmental authorities
Effective date: 2014-09-25
- For procurements that fall within Complexity Levels 1 through 3 inclusive, the approval authority for agreements which involve:
- ratification of contractual commitments;
- contracts/amendments which include pre-contractual work clauses; or
- any other retroactive elements;
will be the appropriate non-competitive contract approval authority, as determined by the application of a procurement risk assessment and the non-competitive contract approval authority limits.
6.30.10 Confirming orders and contracts involving pre-contractual work
Effective date: 2024-04-19
- Public Works and Government Services Canada (PWGSC) does not normally place contracts to confirm the actions of departments or agencies. The practice of providing such service to client departments should be discouraged to the maximum extent practical. However, it may be necessary for PWGSC to become involved because of its exclusive goods procurement authority. PWGSC may have some value to add in processing confirming orders when the work is complete, or contracts when the work has started.
- Requests for confirming orders and contracts for pre-contractual work are considered non-competitive and must be evaluated and processed on the basis of the circumstances surrounding each instance. Where the request is the result of attempts to circumvent normal procurement procedures, return of the request to the client department should be a prime consideration.
- Where the work has been completed, Legal Services will prepare a confirming order that will contain only the information necessary to document the transaction, which includes the parties, the work performed, the dates, the amount, a release and, if required, a transfer of intellectual property rights. The appropriate director or higher authority, as determined by the contract value and non-competitive contract approval authority limits, must approve the confirming orders processed by PWGSC .
- Where the work has commenced, the contracting officer will prepare a contract. This contract should only include work that was not subject to a proper contract authorization. Even though the work started before a required contract authorization, the contract must not be backdated. The date in the Period of the Contract or Period of Performance clause must be the award date of the written contract. The contract cannot be backdated or retroactive under any circumstances. To ensure that the work done before the contract date will be covered by the contract, the pre-contractual work clause C0210C of the Standard Acquisition Clauses and Conditions Manual, indicating the date the work has started, must be included in the contract to pay the contractor for any work performed before the award of the written contract. For procurements involving pre-contractual work where work has commenced but not yet completed, the appropriate approval authority will be determined as follows:
- For procurements that fall within Complexity Levels 1 through 3 inclusive, the appropriate authority, as determined by the Procurement Risk Assessment and non-competitive contract approval authority limits, must approve the contracts processed by PWGSC .
- For procurements that fall within Complexity Levels 4 and 5, the approval of the Assistant Deputy Minister - Procurement Branch or Defence and Marine Procurement Branch, is required.
Annexes
Consult the list of annexes below related to Chapter 6 - Approvals and authorities.
- 6.1 - Annex: Procurement Plan instructions
- 6.2 - Annex: Contract Request instructions
- 6.3 - Annex: Preparation of contract amendment approval documents
- 6.4 - Annex: Conditions imposed on the approval authority limits for Public Works and Government Services Canada personnel
- 6.4.1 - Annex: Approval authorities and additional signing authorities in support of clients' programs only - other than for Canadian Commercial Corporation
- 6.4.2 - Annex: Contracting limits including exceptional authorities
- 6.4.2.1 - Annex: Contracting limits for basic and standard procurements
- 6.4.2.5 - Annex: Contracting limits for complex procurements