ST. JOHN’S, MONDAY, JUNE 1, 2020 THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

PART II PUBLISHED BY AUTHORITY NEWFOUNDLAND AND LABRADOR REGULATION NLR 40/20

NEWFOUNDLAND AND LABRADOR REGULATION 40/20 Public Procurement Regulations (Amendment) under the Public Procurement Act (Filed June 1, 2020) Under the authority of

section 28 of the Public Procurement Act, the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s, June 1, 2020. Elizabeth Day Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.5 R&S Procurement thresholds 3. S.14 Amdt. Evaluation of bids 4. Transitional 3 Extraordinary Gazette June 1, 2020

Public Procurement Regulations (Amendment) 40/20 1.

(1) Section 2 of the Public Procurement Regulations is amended by adding immediately after paragraph (

e) the following: (e.1) "place of business" means an establishment where a supplier regularly conducts its activities on a permanent basis;

(2) Section 2 of the regulation s is amended by adding immediately after paragraph (

g) the following: (g.1) "provincial supplier" means a supplier of goods, services or public works that has a place of business in the province; 2.

(1) Section 5 of the regulations is repealed and the following substituted: 5.

(1) A public body referred to in subparagraphs 2(q)(ii) and (iii) of the Act and the Marble Mountain Development Corporation, the Newfoundland and Labrador Film Development Corporation a nd the Workplace Health, Safety and Compensation Commission , each of which have been designated as a public body under subparagraph 2(q)(viii) of the Act, shall issue an open call for bids for (

a) goods, services or public works with an estimated value o f $264,200 or greater; and (

b) leases of space with an estimated value of $100,000 or greater.

(2) A public body referred to in subparagraphs 2(q)(iv), (

v) and (vii) of the Act and the College of the North Atlantic and Memorial University of Newfoundland , each of which have been designated as a public body under subparagraph 2(q)(viii) of the Act, shall issue an open call for bids for (

a) goods and services with an estimated value of $105,700 or greater; (

b) public works with an estimated value of $264 ,200 or greater; and NLR 13/18 Procurement thresholds 4 Extraordinary Gazette June 1, 2020

Public Procurement Regulations (Amendment) 40/20 (

c) leases of space with an estimated value of $100,000 or greater.

(3) A public body referred to in subparagraphs 2(q)(

i) and (vi) of the Act, and a public body designated under subparagraph 2(q)(viii) of the Act other than those en tities referenced in subsections (1) and (2), shall issue an open call for bids for (

a) goods with an estimated value of $26,400 or greater; (

b) services and public works with an estimated value of $105,700 or greater; and (

c) leases of space with an es timated value of $100,000 or greater.

(4) Notwithstanding subsection (2), a public body referred to in subparagraph 2(q)(iv) of the Act is not required to issue an open call for bids for engineering services and architectural services with an estimated value of less than $264,200. (5) Subsection (4) shall be repealed on March 31, 2021.

(6) All thresholds are exclusive of harmonized sales tax.

(7) A public body may, in its discretion, issue an open call for bids for commodities where the estimated value of those commodities is below the thresholds referred to in subsections (1), (2) or (3) and the requirements of the framework respecting an open call for bids shall apply.

Section 14 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding

section 17, a public body shall apply a 10% reduction to the bid price of a provincial supplier for the purpose of evaluating the provincial supplier's bid under subsection (1), except where contrary to a trade agreement. 4. Where a public body has issued an open call for bids or a limited call for bids before the coming into force of these regulations, the public body shall award the contract as if these regulations had not come into force. ©Queen's Printer Transitional 5 Extraordinary Gazette June 1, 2020

Extraordinary Gazette Index Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Public Procurement Act Public Procurement Regulations (Amendment) NLR 40/20 Amends NLR 13/18 S.2 Amdt. S.5 R&S S.14 Amdt Jun 1/20 p. 3 ST. JOHN’S, MONDAY, JUNE 1, 2020 6