Establishment Agreement

Contract Priority for Inuvialuit

8.01 General

Awarding of Government Contracts pursuant to this Article shall be dependent upon Inuvialuit businesses meeting the required terms and conditions of the contract and providing the capacity, capability and expertise to supply the goods and services in a competitive manner having regard to the objective of this Agreement set out in 2.03.

8.02 List of Inuvialuit businesses

The IRC , with respect to the Western Arctic Region, and the SHCC , with respect to the community of Sachs Harbour, shall prepare and maintain a comprehensive list of Inuvialuit businesses which shall include information on the goods and services those businesses are in a position to furnish in relation to actual or potential Government Contracts related to the establishment, development, management or operation of the park. The IRC and the SHCC shall ensure that the list of Inuvialuit businesses is provided to the Superintendent, Western Arctic District, Canadian Parks Service, Inuvik. Canada shall use the list of Inuvialuit businesses for purposes of soliciting bids from Inuvialuit businesses, but this shall not restrict the ability of any Inuvialuit business to submit bids for Government Contracts in accordance with the bid invitation process where bids are invited by public notice.

8.03 Assistance and contract planning

In the planning of Government Contracts related to the Park, Canada shall take all reasonable measures to provide opportunities to qualified Inuvialuit businesses to compete for and obtain such contracts. Canada shall consider, but not necessarily be limited to, the following measures with particular regard to Inuvialuit businesses located in Sachs Harbour:

1. providing on the request of IRC or SHCC reasonable assistance in familiarizing Inuvialuit businesses with the contracting procedures of Canada;
2. setting the date, location and terms and conditions for bidding so that Inuvialuit businesses may readily bid;
3. inviting bids by commodity groupings to permit smaller and more specialized Inuvialuit businesses to bid;
4. permitting bids for goods and services for a specified portion on a larger contract package to permit smaller and more specialized businesses to bid;
5. designing construction contracts in a way so as to increase the opportunity for smaller and more specialized Inuvialuit businesses to bid; and
6. avoiding artificially inflated employment skill requirements not essential to the fulfillment of the contract.

8.04 Directed contracts

Qualified Inuvialuit businesses, particularly those in Sachs Harbour, shall be given first consideration where a Government Contract related to the Park may, in accordance with the Government Contracts Regulations, be awarded without competition.