Mr. Chairman, thank you very much. I appreciate the opportunity to be able to address the committee on our procurement overview.
It is going to be a fairly quick overview. I believe you have all received the deck I'm going to use. It starts with the glossary of terms and contracting principles and objectives, and it leads up to the typical contracting process, which is the art of our professional expertise. My focus will be on that procurement process and the management control framework.
On slide 3 you will see a number of common terms we use in procurement. I would like to bring your attention to MERX. MERX is our Internet-based electronic tendering system. This is how we inform the industry of the Government of Canada's requirements. It is really the window into the government.
The advance contract award notice at the bottom is a notice used when the government intends to award a contract to a pre-identified supplier. We obviously want to be up front, and those ACANs foster competition by asking other suppliers to submit statements of capabilities if they think they meet our requirements. All of that is done before awarding a contract to that specified supplier.
If you move to the next slide on page four, public procurement is not just buying something at the lowest price possible. PWGSC is there to obtain the best value for the taxpayer. We often illustrate public procurement as a balancing act, and that is why we have these principles and objectives, with the first one being integrity. We ensure open, fair, and transparent activities for our procurement.
Client service is also important. We obviously make every reasonable effort to satisfy the operational requirements, but best value is the key we're trying to obtain.
You're probably all very familiar with national objectives. We have national socio-economic policies. We have international trade agreements, and I'll speak more about that later.
On competition, this is the first attempt and the first reaction we have when we deal with government requirements. We're trying to compete everywhere possible. Some exceptions are listed here. Intellectual property is one, and emergency situations is another one, etc.
Equal treatment is also something we're very proud of. We ensure suppliers are treated equally. That means we provide the same information and evaluate on the same basis in all our procurement activities.
I have some key facts and figures, to give you the magnitude of what we do. As you probably know, PWGSC is Canada's largest public purchaser of goods and services. We're responsible for more than 80% of the dollar value, but only 10% of the total number of contracts. It is important to understand that other entities in the Government of Canada are also doing procurement at the lower end of the spectrum, but they do 90% of the documents and we do 80% of the value.
We buy for over 100 departments and agencies and spend between $11 billion and $15 billion a year, and we manage approximately 60,000 contractual documents each year. That includes the original and amendments. For example, in 2007-08, small and medium businesses in Canada sold over $4.8 billion worth of goods and services to the Government of Canada.
Slide 6 shows the four main players, although there are a lot more. Treasury Board sets the policies, limits on departmental authorities, oversight rules, etc., and also approves projects over limits that have been set for Public Works and other departments. The second are government departments and agencies. They are the ones that determine the requirement for goods and services. As I mentioned, they also contract for some goods and services within their limit. PWGSC is obviously a common service provider. We're there to ensure that contracting is fair, transparent, and accessible. We're there to make sure it complies with trade agreements, policies, etc. The suppliers obviously are important key players because they are delivering on our contracts, they are delivering goods and services. They also contribute largely to the improvement of the procurement process through consultation. We've done a lot of consultation in the last four years to improve the supply chain.
Page 7 shows the main legislative and regulatory framework. This provides the legislative authority to our minister to procure on behalf of the Government of Canada. The statutes also come into play in that framework and basically control how all the tax dollars will be spent and give the authority to the Minister of Public Works to procure military requirements.
Slide 8 shows some of the treaty and trade agreements. I believe we're going to have a bit more on this later on from our colleagues in DFAIT. Each of those international and internal agreements has a set of terms and conditions. They all have different thresholds where they apply, and so on. It is really important to our contribution to those agreements to make sure we comply with them.
On slides 9 and 10 you're going to see the top client departments with their dollar value and the percentage of the dollar value. On slide 9 you will notice that the Department of National Defence represents 51% of the procurement done by Public Works. That's the largest single department we deal with.
The second one is our own department, but let me explain. Public Works also has standing offers and we're doing a lot of consolidation procurement instruments for other departments. This is why it shows as a huge number, but it's really through those standing offers, through our consolidated purchase for real property or IT, which is done on behalf of other departments.
Also, a point to note under “Canadian crown corporations” is that these are mostly managing foreign government sales. These are foreign governments that come to Canada to provide business to our Canadian firms.
Slide 10 shows the top commodities. You'll notice information processing and related telecom services is the largest one. The maintenance and repair for aircraft fleet is also an important one. And you have the top 10, the IT, etc. Under “Others”, one has to understand that this includes hundreds of different categories. It includes things like furniture, research and development, vehicles, etc.
Slide 11 gives you an overview of the share between competitive and non-competitive contracting. This chart shows above $25,000 only. The split is about 80-20, and there's a bit of an explanation there--competitive open bidding, competitive through the advance contract notice. We foster the competition through the ACAN, so it is considered a competitive requirement. Government-wide, it's 81%. The procurement managed by Public Works is 80%. Our first choice, as I mentioned, is always to compete. The procurement requirement dictates the procurement strategy, really.
Slide 12 really shows the arc of the procurement process. On that chart you have nine boxes that go from the beginning to the end of the procurement cycle. You will notice the segregation of responsibilities. Everything in the yellow boxes is the responsibility of the client department, the originator of the demand; the blue ones are the responsibility of Public Works; and the mixed colours are those with shared responsibilities, and I'll give you some examples.
So in the “requirement definition” box, the department defines its requirement, obtains project approval, obtains the funding, and basically asks Public Works to get involved in procuring what is required.
The procurement strategy is where we develop the way we're going to approach the procurement. This is where we decide or look at the trade agreements to see which will apply and which will not apply.
Then we get to solicitation and its various types: competitive, one-stage, multi-stage, etc. There are differences between them. The multi-stage is where we prequalify the supplier before we invite them to prepare a submission. This reduces the costs to the industry, so it's very important.
And then we get to the evaluation box, which is a shared box. The technical evaluation is done by the client department, but not the financial kinds of submissions, as we do the financial and selection methodologies.
Then we have contract approval, and you should notice here that we have third party reviews to ensure that we're compliant with all trade agreements and that everything is legally sound and the required quality is there.
Then there are the contract award, contract administration, contract payment, and contract close-out boxes, all of which include a management framework.
So slide 12 really summarizes the whole process.
On slide 13, you will see the dispute resolution mechanisms. First of all, let me say that the majority of concerns or disputes are resolved by our procurement specialists and managers in Public Works. Now, the four levels that you see on the slide are also ways of resolving disputes. We have within Public Works two committees or boards that look at disputes: the contract claims resolution board and alternative dispute resolution. Again, we're talking of a minimal number of requirements that go through any one of these boxes. For example, within Public Works, perhaps 25 cases a year out of the 60,000 contracts that we award reach that first block on slide 13. I would say that 20 of them would be resolved through alternative dispute resolution and only five would go to contract claims resolution.
Now, another level is our Office of the Procurement Ombudsman, which came into effect in May 2008. Basically, they look at procurement practices and the complaints that are not covered by the next box, the Canadian International Trade Tribunal. Every time procurement is subject to one of the trade agreements, whether internal or international trade agreements, it is within the jurisdiction of the Canadian International Trade Tribunal to consider and address complaints from suppliers. I have some interesting statistics on that on the next page.
The Federal Court is the last level. Suppliers can always go to the Federal Court in bringing their grievances forward. We normally have only about four or five cases a year reaching the Federal Court, again out of the 60,000.
Slide 14 shows that 80 challenges were presented to CITT in 2007-08, 54 of which were rejected by CITT for being outside their jurisdiction. If you look at the ones that were accepted, in fact only eight were valid; and out of the eight, only four, or approximately four, were upheld. So this really shows you the magnitude of those complaints or challenges, keeping in mind that we are awarding 60,000 contracts a year.
This really completes my presentation to you.