The Tuktut Nogait Agreement

14. Contract Priority for Inuvialuit

14.6

Prior to inviting bids by public notice for Government Contracts related to the Park, Canada shall solicit bids from suppliers of goods and services, firstly from within Paulatuk and secondly, from within the ISR . When soliciting bids:

1. Canada shall make all reasonable attempts to award contracts to qualified Inuvialuit Businesses according to the measures outlined in this Section;
2. Canada shall take all reasonable measures to determine if there are Inuvialuit Businesses, particularly Inuvialuit businesses located in Paulatuk, qualified to perform the contracts. This determination will usually be made by reference to the list of Inuvialuit Businesses provided by the IRC and the PCC;
3. Where it is determined that a single Inuvialuit Business within the ISR is qualified to perform a particular contract, Canada shall first solicit that business to submit a bid for that contract. In accordance with the conditions set out in Subsection 14.1, Canada shall make best efforts to award that contract to that Inuvialuit Business upon the negotiation of acceptable terms and conditions;
4. Where Canada intends to solicit bids from more than one qualified business within the ISR, Canada shall take all reasonable measures to determine if there are Inuvialuit Businesses qualified to perform the contract, and shall solicit bids from those Inuvialuit Businesses. This determination will usually be made by reference to the list of Inuvialuit Businesses provided by the IRC and the PCC. The contract, if awarded, shall take into account the bid evaluation criteria contained in this Section; and
5. Where a contract is awarded in accordance with the provisions of Paragraphs (C) and (D) above, Canada shall ensure that the contract document contains appropriate terms and conditions to ensure that sub-contractors are also subject to the intent and the specific provisions of the contract.

Where, after considering known available suppliers including those on the list of Inuvialuit Businesses, it is determined that there are no qualified suppliers or where Bid Solicitation is inconsistent with the IFA and laws of general application, Canada may proceed directly to Bid Invitation as set out in Subsection 14.7.

14.7

Canada may invite bids, firstly from within the community of Paulatuk and secondly, from within the ISR. When inviting bids for Government Contracts related to the Park:

1. Canada shall take all reasonable measures to inform Inuvialuit Businesses of such Bid Invitations and to provide Inuvialuit Businesses with a fair and reasonable opportunity to submit bids, notwithstanding that one or more such businesses may have submitted bids as part of the solicitation process. These measures shall include the measures referred to in Subsection 14.3 above;
2. Where Canada intends to invite bids for Government Contracts related to the Park, the Bid Invitation process shall take into account the bid evaluation criteria contained in Subsection 14.5; and
3. Where a contract has been awarded in accordance with the provisions of Subsection (B) above, Canada shall ensure that the contract document contains appropriate terms and conditions to ensure that sub-contractors are also subject to the intent and specific provisions of the contract.

14.8

Canada shall develop and maintain procurement policies to ensure consistent implementation of the provisions of this Section by all Federal Government contracting authorities. Canada shall develop these policies in consultation with the IRC.

14.9

At least once each year, the Board may advise the Minister of Canadian Heritage, the IRC and the PCC on the implementation of this Section.