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Policy on Procurement of Guard Services

Preamble

This policy sets out requirements related to the procurement of guard services and implementing the Government of Canada’s policy on granting the Canadian Corps of Commissionaires the right of first refusal for guard services for departments listed in schedules I, I.1 and II of the Financial Administration Act.

1. Effective date

  • 1.1 This policy takes effect on April 1, 2023 and will remain in effect until March 31, 2026.
  • 1.2 This policy replaces section 6.5.3 of Appendix E (Mandatory Services) of the Common Services Policy dated May 16, 2005.

2. Authorities

  • 2.1 This policy is issued pursuant to subsection 7(1) of the Financial Administration Act (FAA).
  • 2.2 Pursuant to subsection 6(4) of the FAA, the Treasury Board has delegated to the Deputy Head of Veterans Affairs Canada the authority to:
    • 2.2.1 Issue, amend, or rescind this policy; and
    • 2.2.2 Issue, amend, or rescind directives, including standards, mandatory procedures and other appendices, related to this policy.

3. Objectives and expected results

  • 3.1 The objectives of this policy are to:
    • 3.1.1 Support the employment of Veterans by continuing to offer right of first refusal to the Canadian Corps of Commissionaires’ for guard services for federal government departments.
    • 3.1.2 Ensure departments initially request guard services from the Canadian Corps of Commissionaires before seeking services from other security guard suppliers.

4. Requirements

  • 4.1 Deputy heads are responsible for the following:
    • 4.1.1 Ensuring that guard services, as defined in Appendix A, are procured in accordance with this policy;
    • 4.1.2 Ensuring that the Corps of Commissionaires is granted the right of first refusal for all guard services for their department, that fall within the definition of guard services as defined in Appendix A, under this policy;
    • 4.1.3 Ensuring that information or data related to guard services is collected and provided to Public Services and Procurement Canada and Veterans Affairs Canada as requested to support the implementation of this policy;
    • 4.1.4 Ensuring that senior designated officials for the management of procurement provide oversight for procurement activities related to guard services consistent with the Policy on the Planning and Management of Investments and any associated directives; and
    • 4.1.5 Investigating and acting when significant issues regarding policy compliance arise and ensuring that appropriate remedial action is taken to address these issues within the department.
  • 4.2 Pursuant to the authority delegated by Treasury Board, the Deputy Head of Veterans Affairs Canada is responsible for:
    • 4.2.1 Administration of policy, with which departments are required to comply;
    • 4.2.2 Issuance of policy, publishing the policy on a publicly available website and ensuring it is updated as required;
    • 4.2.3 Ensuring alignment with the principles and best practices that have been established for the Treasury Board Policy Suite within the parameters of its legal authority to do so as outlined in the Framework for the Management of Compliance;
    • 4.2.4 Monitoring and reporting of policy;
    • 4.2.5 Making administrative amendments to the policy;
    • 4.2.6 Establishment of an Assistant Deputy Minister led governance committee;
    • 4.2.7 Rescission of the policy;
    • 4.2.8 Providing advice to departments in response to inquiries or concerns in relation to the policy;
    • 4.2.9 Preparing replies about the administrative policy to questions from outside the public service;
    • 4.2.10 Determining the way forward for the policy;
    • 4.2.11 Responding to audit/evaluation reports;
    • 4.2.12 Validating continued reliance on paragraph 6(c) of the Government Contracts Regulations (GCRs) by establishing a requirement that 60 per cent of hours worked on contracts awarded in each fiscal year under this policy be worked by Veterans (as defined in Appendix A);
    • 4.2.13 Requesting the appropriate information from the Corps of Commissionaires to validate the percentage of Veteran hours worked; and
    • 4.2.14 Requesting that the Corps of Commissionaires submit a corrective action plan when in non-compliance with the policy requirement that 60 per cent of hours on contracts awarded in each fiscal year under this policy be worked by Veterans (as defined in Appendix A).
  • 4.3 The Deputy Head of Public Services and Procurement Canada is responsible for:
    • 4.3.1 The procurement of guard services, except where other government departments procure guard services within their own delegated authorities;
    • 4.3.2 The ongoing management and administration of the methods of supply;
    • 4.3.3 Communication to federal departments and agencies regarding the use of the methods of supply for the procurement of guard services, the process for addressing any performance issues, and providing interpretation of clauses and reporting requirements for guard services procured under this policy;
    • 4.3.4 Collecting reports from the Corps of Commissionaires on its performance as it relates to Government contracts;
    • 4.3.5 Determining the appropriate procurement mechanism;
    • 4.3.6 Obtaining confirmation on an annual basis from the Corps of Commissionaires that it continues to maintain its not-for-profit status;
    • 4.3.7 Providing advice to departments in response to inquiries or concerns in relation to methods of supply managed by Public Services and Procurement Canada;
    • 4.3.8 Responding to audit/evaluation reports as required; and
    • 4.3.9 Appointing a representative on the Assistant Deputy Minister led governance committee..

Governance

  • 4.4 An Assistant Deputy Minister led governance committee, established by Veterans Affairs Canada, will be comprised of representatives from the following departments:
    • 4.4.1 Public Services and Procurement Canada;
    • 4.4.2 Treasury Board Secretariat (ex-officio member); and
    • 4.4.3 Other departments or representatives approved by the governance committee.
  • 4.5 The Assistant Deputy Minister led governance committee will be responsible for the following:
    • 4.5.1 Monitoring compliance with the policy’s requirements; and
    • 4.5.2 Reporting on progress.

5. Roles of other government organizations

  • 5.1 This section identifies other key government organizations in relation to this policy. In and of itself, this section does not confer any authority.
  • 5.2 Veterans Affairs Canada is responsible for matters pertaining to the support of Veterans with respect to the right of first refusal for guard services for federal departments and the administration of this policy.
  • 5.3 Public Services and Procurement Canada is responsible for procuring goods and acting as a common service provider for the federal government as established by the Department of Public Works and Government Services Act. The department is also responsible for carrying out certain central administrative functions on behalf of the federal government and provides optional and mandatory common services to departments and agencies, including guard services.

6. Application

  • 6.1 This policy and its supporting instruments apply to departments as listed in schedules I, I.1 and II of the Financial Administration Act unless otherwise excluded by other acts, regulations or orders in council.
  • 6.2 This policy does not apply to, or in any way limit, the ability of departments to provide guard services using internal resources (i.e. when not using procurements).
  • 6.3 The heads of the following organizations are solely responsible for monitoring and ensuring compliance with this policy within their organizations:
    • Office of the Auditor General
    • Office of the Chief Electoral Officer
    • Office of the Commissioner of Lobbying of Canada
    • Office of the Commissioner of Official Languages
    • Office of the Information Commissioner of Canada
    • Office of the Privacy Commissioner of Canada
    • Office of the Public Sector Integrity Commissioner of Canada

7. Consequences of non-compliance

  • 7.1 Departments listed in schedules I, I.1 and II of the Financial Administration Act must comply with the same policies and standards when exercising direct authorities provided under this policy to meet their requirements for guard services.
  • 7.2 Veterans Affairs Canada will align with the principles and best practices that have been established for the Treasury Board Policy Suite within the parameters of its legal authority to do so as outlined in the Framework for the Management of Compliance.
  • 7.3 Consequences for non-compliance with the 60 per cent policy requirement will require that Veterans Affairs Canada request and receive a corrective action plan from the Corps of Commissionaires that includes measures being taken to improve the number of hours being worked by Veterans.

8. References

  • 8.1 Legislation

Financial Administration Act

Department of Public Works and Government Services Act

Government Contracts Regulations

  • 8.2 Related policy instruments

Policy on the Planning and Management of Investments

Directive on the Management of Procurement

9. Enquiries

Appendix A: Definitions

Guard Services

Services related to safeguarding federal assets, information, persons, buildings, and property owned or occupied by federal departments or agencies. Job titles include the following:

  1. Access Control Reception Desk Guard.
  2. Preventative Patrol Guard.
  3. Fixed or Visual Guard.
  4. Parking Enforcement and Traffic Control Guard.
  5. Loading Dock Guard.
  6. Escort Guard.
  7. Screening Guard.
  8. Crowd Control Guard.
  9. Vehicle Patrol Guard.
  10. Alarm Response Guard.
  11. Classified Waste Disposal Guard.
  12. Issuing Identification Cards Guard.
  13. Processing Security Clearances Guard.
  14. Use of Force Guard.
  15. Fingerprinting Guard
  16. Other related guard services as defined in the Post Orders (Post Orders are written guard duties of the services to be performed at each post).

Veteran

For the purposes of this policy, Veteran will be defined as:

  1. a Canadian Veteran of the Second World War;
  2. a Merchant Navy Veteran of the Second World War;
  3. an Allied Veteran;
  4. a Canadian Forces Veteran;
  5. a Canadian Veteran of the Korean War;
  6. former members of the RCMP.

Other definitions to be used in the interpretation of this policy can be found in Appendix C of the Policy on the Planning and Management of Investments.