Glossary - Trade Agreement Covered Procurements Procedure

Glossary - Trade Agreement Covered Procurements Procedure

For purposes of the Trade Agreement Covered Procurements Procedure, the following terms appearing therein (with the first letter in upper case, or in quotations) shall have the meaning set out below.

Canada-UK TCA means the Canadian-United Kingdom Trade Continuity Agreement, as amended from time to time;

CETA means the Canada-European Union Comprehensive Economic and Trade Agreement, as amended from time to time;

CFTA means the Canadian Free Trade Agreement, as amended from time to time;

Chapter 19 means Chapter Nineteen (Government Procurement) of CETA;

Chapter Five means Chapter Five (Government Procurement) of the CFTA;

“commercial goods or services” (as used in CETA) means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;

“construction” (as used in the CFTA) and “construction service” (as used in CETA) means a service that has as its objective the realisation by whatever means of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (CPC); 

Covered Procurement means a procurement which is subject to the procurement obligations in (i) CETA (that is, a procurement described in Art.19.2.2), and/or (as applicable), (ii) the CFTA (that is, a procurement described in Art.504.2);

CPC means the provisional Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov, 1991;

“days” means calendar days; 

EU means the European Union (and its member states);

“goods” (as used in the CFTA) means 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;

“in writing”  means any worded or numbered expression that can be read, reproduced and later communicated. It may include electronically transmitted and stored information;

Limited Tendering means a procurement method whereby CATSA contacts a supplier or suppliers of its choice;

“multi-use list” (as used in CETA) and “prequalification list” (as used in the CFTA) means a list of suppliers that CATSA has determined satisfy the conditions for participation in that list, and that CATSA intends to use more than once; (Note to P&C Advisors: Such a list would typically be referred to by CATSA as a standing offer.)

“notice of intended procurement” (as used in CETA) means a notice published by CATSA inviting interested suppliers to submit a request for participation, a tender, or both; 

Open Tendering means a procurement method whereby all interested suppliers may submit a tender;

Policy means CATSA’s Procurement and Contracting Policy, as amended from time to time; 

Procedures means the policies, procedures, standards, directives, guidelines and other policy documents developed and maintained in furtherance of the Policy, as amended from time to time; 

“qualified supplier” means a supplier that CATSA recognizes as having satisfied the conditions for participation;

SDR (as used in CETA) means Special Drawing Right, a unit of account of the International Monetary Fund; 

Selective Tendering (as used in CETA) means a procurement method whereby only qualified suppliers are invited by CATSA to submit a tender; 

“services”:

        (i)    as used in CETA, includes construction services, unless otherwise specified; and

        (ii)    as used in the CFTA, means all services, including construction, unless otherwise specified;  

“standard” means a document approved by a recognized body that provides for common and repeated use, rules, guidelines or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method;

“standing arrangement” (as used in the CFTA) means an arrangement with a supplier or suppliers under which CATSA may buy goods or services from the supplier or suppliers over a period specified in the arrangement. The arrangement includes all terms applicable to the procurement, such as the cost of the good or service and delivery requirements; (Note to P&C Advisors: Such an arrangement would typically be referred to by CATSA as a standing offer.)

“technical specification” means a tendering requirement that:

        a)    lays down the characteristics of a good or a service to be procured, including quality,       performance, safety and dimensions, or the processes and methods for their production or provision; or

        b)    addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or a service; 

“tender notice” (as used in the CFTA) means a notice published by CATSA inviting interested suppliers to submit a tender, a response to a request for prequalification, or both; and

Trade Agreement means CETA and/or the CFTA, as applicable.

 

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