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Exception or Non-Application Tables

LTE-A-i: No suppliers submitted or requested participation
LTE-A-ii: No quotations conform to essential requirements
LTE-B-i: Work of art
LTE-B-ii: Protection of patents or other exclusive rights
LTE-B-iii: Absence of competition for technical reasons
LTE-B-v: Ensure compatibility with existing goods
LTE-B-vii: Work performed on a leased property
LTE-C: Additional deliveries by original supplier
LTE-D: Urgency (due to unforeseeable events)
LTE-F: Based on prototype
LTE-G: Exceptionally advantageous conditions
LTE-I: Confidential or privileged nature
.
NAP-E: Acquisition/rental of immovable property (land, existing buildings etc
NAP-F: Protection of intellectual property
NAP-H-i: Financial Services related to government assets and liabilities
NAP-H-ii: Health services or social services
NAP-H-iii: Legal services provided only by licensed lawyers or notaries
NAP-I-i: Financed by donations
NAP-I-ii: From other government entities
NAP-I-iii: From philanthropic, non-profit etc. organizations
NAP-J: From Aboriginal peoples

LTE-A

  1. If no tenders or quotations were submitted or no suppliers requested participation;
  2. No tenders or quotations that conform to the essential requirements of the tender or quotation documentation were submitted.

LTE-B-i

If the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist because the requirement is for a work of art.

LTE-B-ii

If the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

  • the protection of patents, copyrights, or other exclusive rights

LTE-B-ii

If the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to the protection of patents, copyrights, or other exclusive rights.

LTE-B-iii

If the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist due to an absence of competition for technical reasons.

LTE-C

For additional deliveries by the original supplier of goods or services that were not included in the initial procurement, if a change of supplier for such additional goods or services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement and would cause significant inconvenience or substantial duplication of costs for the procuring entity;

LTE-D

If strictly necessary, and for reasons of urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering;

A failure to plan and allow sufficient time for a competitive procurement does not constitute an unforeseeable situation.

LTE-E

For goods purchased on a commodity market;

LTE-F

If a procuring entity procures a prototype or a first good or service that is developed in the course of, and for, a particular contract for research, experiment, study, or original development. Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;

LTE-G

For purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership, or bankruptcy, but not for routine purchases from regular suppliers;

LTE-H

If a contract is awarded to a winner of a design contest provided that: (i) the contest has been organized in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a tender notice; and (ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner;

Contact Procurement Services for guidance.

LTE-I

If goods or consulting services regarding matters of a confidential or privileged nature are to be purchased and the disclosure of those matters through an open tendering process could reasonably be expected to compromise government confidentiality, result in the waiver of privilege, cause economic disruption, or otherwise be contrary to the public interest

Not available under CETA. It is a non-application provision under OQTCA. Contact Procurement Services for guidance.

NAP-A

Public employment contracts (Contact Human Resources for guidance);

NAP-B

Non-legally binding agreements (Contact Procurement Services for guidance);

NAP-C

Any form of assistance such as grants, loans, equity infusions, guarantees, and fiscal incentives;

“Grants” refers to the granting of money by the University of Toronto. It does not refer to the spending of granting money (i.e. research grants).

NAP-D

A contract awarded under a cooperation agreement between a Party and an international cooperation organization if the procurement is financed, in whole or in part, by the organization, only to the extent that the agreement includes rules for awarding contracts that differ from the obligations of this Chapter;

Not available under CETA or OQTCA. Contact Procurement Services for guidance.

 

NAP-E

Acquisition or rental of land, existing buildings, or other immovable property, or the rights thereon;

 

NAP-F

Measures necessary to protect intellectual property, provided that the measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail or are a disguised restriction on trade;

NAP-H

  1. financial services respecting the management of government financial assets and liabilities (i.e., treasury operations), including ancillary advisory and information services, whether or not delivered by a financial institution;
    (“Financial service” means any service or product of a financial nature and a service incidental or auxiliary to a service of financial nature, and includes: deposit taking; loan and investment services; insurance; estate, trust and agency services; securities; and all forms of financial or market intermediation including the distribution of financial products);
  2. health services (Contact Procurement Services for guidance) or social services (“Social services” generally includes the following services to the extent that they are established or maintained for a public purpose: income security or insurance; social security or insurance; social welfare; public education; public training, health, and child care);
  3. services that may, under applicable law, only be provided by licensed lawyers or notaries;
  4. services of expert witnesses or factual witnesses used in court or legal proceedings (Not available under OQTCA. Contact Procurement Services for Guidance);

NAP-I

Procurement of goods or services:

  1. financed primarily from donations that require the procurement to be conducted in a manner inconsistent with Chapter 5 of CFTA (Not available under CETA. Contact Procurement Services for guidance);
  2. by a procuring entity on behalf of an entity not covered by Chapter 5 of CFTA/Chapter 19 of CETA/Chapter 9 of OQTCA (Contact Procurement Services for guidance);
  3. between enterprises that are controlled by or affiliated with the same enterprise, or between one government body or enterprise and another government body or enterprise;
  4. by non-governmental bodies that exercise governmental authority delegated to them (Not applicable for the University of Toronto);
  5. from philanthropic institutions, non-profit organizations, prison labour, or natural persons with disabilities;
  6. under a commercial agreement between a procuring entity which operates sporting or convention facilities and an entity not covered by Chapter 5 of CFTA that contains provisions inconsistent with Chapter 5 of CFTA (Not available under CETA or OQTCA. Contact Procurement Services for Guidance);
  7. conducted for the specific purpose of providing international assistance, including development aid, provided that the procuring entity does not discriminate on the basis of origin or location within Canada of goods, services, or suppliers; or
  8. Conducted:
    1. Under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project (Not applicable for the University of Toronto); or
    2. Under the particular procedure or condition of an international organization, or funded by international grants, loans, or other assistance, if the procedure or condition would be inconsistent with Chapter 5 of CFTA;

NAP-J

Procurement with respect to Aboriginal peoples.