Contracting Policy Notice 2021-3: New Directive on the Management of Procurement

From Treasury Board of Canada Secretariat Contracting Policy Notice: 2021-3 Date: June 30, 2021 To: Functional Heads of Procurement, Administration and Finance units at all departments and agencies Subject: Updates to the Treasury Board policy suite for the management of assets and acquired services and the new Directive on the Management of Procurement

Overview

• Approval of the Directive on the Management of Procurement, the Directive on the Management of Real Property and the Directive on the Management of Materiel; and
• Amendments to the Policy on the Planning and Management of Investments, and the Directive on the Management of Communications;
• Rescission of the Common Services Policy, except for Appendix E, 6.5.3 Guard Services, which remains in place until March 31, 2023.

Treasury Board also approved the rescission of nine policy instruments on May 13, 2022 as follows:

1. Contracting Policy;
2. Policy on Management of Real Property (including associated standards);
3. Directive on the Sale or Transfer of Surplus Real Propert;
4. Policy on Management of Materiel;
5. Directive on Disposal of Surplus Materiel;
6. Directive on Fleet Management: Light Duty Vehicles;
7. Directive on Fleet Management: Executive Vehicles;
8. Controlled Goods Directive; and
9. Policy on Decision Making in Limiting Contractor Liability in Crown Procurement Contracts.

These new instruments build on Phase 1 of Policy Suite Reset by further clarifying roles and responsibilities across functional communities with specific requirements around capacity building. They provide for an outcomes-based, lifecycle approach to sound stewardship and best value, consistent with socio-economic and environmental objectives and aim to make Treasury Board rules easier to navigate.

Directive on the Management of Procurement

The objective of the new Directive on the Management of Procurement is for the procurement of goods, services and construction to supply the necessary assets and services that support the delivery of programs and services to Canadians, while ensuring best value to the Crown.

The new Directive on the Management of Procurement replaces both the Contracting Policy and the Policy on Decision Making in Limiting Contractor Liability in Crown Procurement Contracts. The Contracting Policy and the Policy on Decision Making in Limiting Contractor Liability in Crown Procurement Contracts will be rescinded on May 13, 2022. During the period of overlap, departments may abide by the provisions of new or existing policies.

This period of transition will allow existing procurements to be completed under existing rules and provide departments with sufficient time to set up the required frameworks. Departments ready to implement the new requirements immediately can do so.

Similar to the process for the development of the directive, the Treasury Board of Canada Secretariat will continue to actively collaborate with departments to develop guidance to support the requirements of the new directive as required. In addition, we will work with the Canada School of the Public Service to update training, make greater use of web tools such as GC intranet to share tools and information, and continue with committee and learning events.

Enquiries

Questions about this policy notice or the Directive on the Management of Procurement should be directed to TBS Public Enquiries.

Samantha Tattersall
Assistant Comptroller General, Acquired Services and Assets Sector
Treasury Board of Canada Secretariat