The document summarizes Canada's government procurement commitments under the Canada-Colombia Free Trade Agreement (CCoFTA). It outlines that the CCoFTA establishes: procedural rules to ensure non-discrimination and transparency; a list of covered Canadian federal and provincial entities and the goods/services/construction thresholds for which Colombian suppliers can bid; and exceptions to Canada's commitments. For procurement to be covered under the CCoFTA, the procuring entity and good/service must be included in annexes to the agreement and the value must exceed the relevant threshold.
Canada's Government Procurement Commitments under the CanadaColombia FTA
1. Canada’s Government Procurement
Commitments under the
Canada-Colombia Free Trade Agreement
(CCoFTA)
Monday, October 26, 2020
Presented by Global Affairs Canada for ProColombia’s Webinar entitled
“Oportunidades en Compras Públicas Canadá”
2. 1. Structure of the Government Procurement (GP) Chapter in
the CCoFTA
2. Core Obligations
3. Determination of Coverage
4. Canada’s Market Access Commitments in the CCoFTA
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Overview
3. 3
Structure of the GP Chapter in the CCoFTA
Procedural Rules
• Set of rules to ensure non-discrimination,
transparency and accountability
• https://www.international.gc.ca/trade-commerce/trade-agreements-accords-
commerciaux/agr-acc/colombia-colombie/fta-ale/14.aspx?lang=eng
Market Access Commitments
• Covered entities and their respective thresholds (Annexes 1401-1 and 1401-2)
• Covered goods, services and construction services
(Annexes 1401-3, 1401-4 and 1401-5)
• General notes (i.e. exceptions) (Annex 1401-6)
• https://www.international.gc.ca/trade-commerce/trade-agreements-accords-
commerciaux/agr-acc/colombia-colombie/fta-ale/14_1.aspx?lang=eng
4. 4
Core Obligations
• Equal treatment for Canadian and Colombian suppliers
Non-Discrimination
• Clear rules and procedures are in place
• Contracting opportunities and award notices are publicly available
• Laws, regulations, policies, and judicial ruling are published
Transparency
• Bid challenge mechanisms are in place
• Administrative and/or judicial review procedures allow suppliers to challenge an alleged breach of the
procurement obligations
• In Canada, the Canadian International Trade Tribunal (CITT) has the jurisdiction to review challenges
concerning central-level procurements
Accountability
5. Determination of Coverage
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For a specific procurement to be covered by the CCoFTA, all of
these conditions must be met:
The procuring entity must be listed.
The goods, services or construction services procured must be
covered.
The procurement must be above the relevant threshold value.
The procurement must not be subject to any of Canada’s exceptions.
The Government of Canada indicates in its
notices of intended procurement whether the
procurement is covered under the CCoFTA
6. Annex 1401-1: Central Government Entities
• Federal government departments and agencies
covered are listed.
Annex 1401-2: Other Entities
• The 10 Crown Corporations covered are listed with
their specific exclusions.
Canada’s Market Access Commitments in the CCoFTA
Procuring Entities
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7. Annex 1401-3: Goods
• Since all goods are covered, some specific exclusions are listed.
• Goods covered for procurement conducted by law enforcement entities (e.g. DND,
RCMP, Coast Guard) are listed.
Annex 1401-4: Services
• Services not covered are listed.
Annex 1401-5: Construction Services
• All UN CPC Division 51 construction services are covered, with specific exceptions.
Annex 1401-6: General Notes
• Exceptions to Canada’s coverage are listed.
Canada’s Market Access Commitments in the CCoFTA
Goods, Services and Construction Services
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8. 8
Colombian suppliers can compete for government procurement
contracts on a level playing field with their Canadian counterparts, for
contracts at or above the following thresholds
Goods and Services Thresholds*
Annex 1401-1: Central Government Entities $108,400
Annex 1401-2: Other Entities $542,400
Construction Services
Annex 1401-1: Central Government Entities $9,100,000
Annex 1401-2: Other Entities $17,300,00
Canada’s Market Access Commitments in the CCoFTA
Thresholds
*These thresholds are in effect from January 1, 2020 to December 31, 2021.
9. Government Procurement, Trade and Environment Division (TPZ)
Global Affairs Canada
Nadine Nickner, Deputy Director
Valerie Baillargeon, Trade Policy Officer
consultations@international.gc.ca
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Questions?