3. (1) These Regulations apply to all goods, service and construction contracts that are entered into by a contracting authority and that provide for the payment of any money by Her Majesty, except
(a) a contract entered into by the National Film Board;
(b) a contract for the construction of buildings entered into under the Veterans’ Land Act;
(c) a contract entered into under the Indian Act that involves Indian moneys as defined in that Act;
(d) a contract for the performance of legal services;
(e) a contract for the fit-up of an office or a residential accommodation if the contract for fit-up is part of a transaction authorized pursuant to the Federal Real Property and Federal Immovables Act or the regulations made under it;
(f) arrangements entered into under an Interchange Canada Agreement; or
(g) a contract whose purpose is, for operational reasons, to fulfil an interim requirement for defence supplies or services or to ensure defence logistical capabilities on an interim basis, and any related contract.
(2) Despite paragraph (1)(d), section 4 applies to a contract referred to in that section.
(3) Despite subsection (1), section 18 applies to any contract referred to in that subsection.
- SOR/91-651, s. 2;
- SOR/92-503, s. 2;
- SOR/96-472, s. 2;
- SOR/2011-197, s. 2;
- SOR/2015-173, s. 1.
PART ICONDITIONS OF CONTRACT ENTRY
4. (1) Contracts for the performance of legal services may be entered into only by or under the authority of the Minister of Justice.
(2) Subsection (1) does not apply in respect of a contracting authority referred to in the schedule.
- SOR/2011-197, ss. 3, 6(F).
5. Before any contract is entered into, the contracting authority shall solicit bids therefor in the manner prescribed by section 7.
6. Notwithstanding section 5, a contracting authority may enter into a contract without soliciting bids where
(a) the need is one of pressing emergency in which delay would be injurious to the public interest;
(b) the estimated expenditure does not exceed
(ii) $100,000, where the contract is for the acquisition of architectural, engineering and other services required in respect of the planning, design, preparation or supervision of the construction, repair, renovation or restoration of a work, or
(iii) $100,000, where the contract is to be entered into by the member of the Queen’s Privy Council for Canada responsible for the Canadian International Development Agency and is for the acquisition of architectural, engineering or other services required in respect of the planning, design, preparation or supervision of an international development assistance program or project;
(c) the nature of the work is such that it would not be in the public interest to solicit bids; or
(d) only one person is capable of performing the contract.
- SOR/96-472, s. 3.
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