Schedule of the Northwest Territories

Annex 519.1: Party-Specific Exceptions

Schedule of the Northwest Territories

Procurement Exceptions

For the Northwest Territories, the following is not covered by this Chapter:

A. Excluded Entities

The following entities are not covered by this Chapter:

1. The Legislative Assembly.
2. All other procuring entities as described under Article 504.3 are covered, at the following revised thresholds (and subject to Article 504.4):
   1. For the procuring entities described under Article 504.3(a), the thresholds at Article 504.3(a) are amended to (i) $150,000 or greater for goods or services, if the largest portion of the procurement is for goods or services; or (ii) $500,000 or greater for construction.
   2. For the procuring entities described under Article 504.3(b), the thresholds at Article 504.3(b) are amended to (i) $300,000 or greater for goods or services, excluding construction; or (ii) $7,500,000 or greater for construction.
   3. For the procuring entities described under Article 504.3(c), the thresholds at Article 504.3(c) are amended to (i) $500,000 or greater for goods or services, excluding construction; or (ii) $7,500,000 or greater for construction.

For greater certainty, if a procuring entity falls under the description at Article 504.3(a) and Article 504.3(b), the applicable thresholds are those set out in (b) above. If a procuring entity falls under the description at Article 504.3(a) and Article 504.3(c), the applicable thresholds are those set out in (c) above.

B. Exceptions and Notes

1. This Agreement does not cover procurement subject to the Northwest Territories Business Incentive Policy (including the Northwest Territories Manufactured Products Policy and other directly related programs) or successor programs having similar objectives.
2. Article 518.9 shall only apply to the government entities described at Article 504.3(a) if the procurement value is (i) $300,000 or greater for goods or services, if the largest portion of the procurement is for goods or services; or (ii) $7,500,000 or greater for construction.
3. Procuring entities may derogate from this Chapter in order to promote regional economic development by supporting small enterprises or employment opportunities, without providing undue support to monopolistic activities. Notice of such procurements shall be made publicly available and include information with regard to the procurement and successful supplier.

For procurements of goods or services in excess of $300,000 and construction in excess of $7,500,000, the following additional restrictions shall apply to a derogation from this Chapter for the purposes of regional economic development:

1. 1.  if the total value of the procurement of goods or services exceeds $1,000,000 or the total value of the procurement of construction exceeds $7,500,000, then the value of the part of the contract that would be affected by the derogation must not exceed $1,000,000; or
   2. if the procurement of goods or services is valued at $1,000,000 or less, then the entire value of the contract may be affected by the derogation;
2. this derogation may not be used more than ten times per year; and
3. a procurement shall not qualify for a derogation if it is funded by the Government of Canada.