CAN-ASC-4.1 Accessible Procurement
12. Planning a procurement
Information
Table of contents
Technical committee members
- Andrea Zervos (Chairperson), Manager, Public Services and Procurement Canada
- Gilles LeVasseur(Vice Chair), President, Federal Court Challenge Program
- Cheryl Stacey, retired, former public servant
- Harry Lew, Manager of Research and Development, Neil Squire Society
- Martin Chénier, Président, Procurement Alliance of Canada
- Brytani McLeod, NorQuest College - ACT! Consulting, Incluion & Accessibility Consultant, Career Coach
- Katya Pereyaslavska, Associate Librarian, Western University
- Hilton Schwartz, National Board Member, Alliance for Equality for Blind Canadians
- Elizabeth (Liz) Laidlaw, Director, Accessibility Office, Workplace Safety and Insurance Board (WSIB) Ontario
- Sarah Anne Hrycenko, Procurement Advisor, Procurement Assistance Canada: Public Service and Procurement Canada
- Diane Morrell, Accessibility Coordinator, City of Sault Ste. Marie
- Jeffrey Panasuik, Executive Director S5 Dynamic Learning Initiative
- Audrey, Beauchamp, Directrice générale, Services linguistiques CB
- Cynthia Benoit, Présidente, Eversa
- Amy Ross, Accessibility Advocate, City of Waterloo
12.1 Defining requirements
- To identify and define accessibility requirements for procurement, clients shall:
- identify applicable accessibility standards, guidelines, and best practices, and in such cases where no applicable references are available, continue to follow the procurement process and make reasonable efforts to identify a solution;
- consult with end users, including people with disabilities, in the planning phase and throughout the procurement process;
- identify requirements for user and accessibility conformance testing;
- consult with accessibility subject matter experts including persons with disabilities; and
where no clear suitable solution can be found, follow the mandatory justification for excluding accessibility set out in Clause 10.1.4.
Note: Organizations are encouraged to collaborate with vendors to develop curated source lists that prioritize accessibility, while also identifying suppliers and organizations with demonstrated accessibility expertise to maintain a current and reliable list of resources and services.
- To identify and define accessibility requirements for procurement, clients should:
- engage with industry (network of potential suppliers) and organizations who have procured similar goods or services to understand market capacity to help develop a procurement strategy that includes accessibility requirements; and
- consider exemptions from mandatory methods of supply where fulfilling the duty to accommodate under the Canadian Human Rights Act or the Accessible Canada Act requires flexibility. See Clause 12.1.1 for requirements related to individual accommodation procurement.
12.1.1 Exception - Individual accommodation procurement
Where procurement is conducted to meet the specific accommodation needs of a person with a disability, standard competitive procurement rules may be set aside in recognition of obligations under the Accessible Canada Act, the Employment Equity Act, and the Financial Administration Act. In such cases:
- the individual shall be involved in evaluating and selecting the solution;
- evaluation may include personal factors such as communication preferences, provider familiarity, and service compatibility; and
- procurement policies shall not override the duty to accommodate. Flexibility must be exercised to ensure accommodations are timely, effective, and uphold the individual’s dignity and autonomy.
12.2 Identifying requirements for testing
Clients shall determine if:
- as part of an evaluation, a demonstration is required for the good or service being procured to determine conformance to established accessibility requirements; and
- third-party testing is required to determine the accessibility of a good or service. If third-party testing is required, clients shall:
- include subcontracting requirements for this testing within the requirements of the procurement; and
- state that third-party testing will be required in solicitation documents.
12.3 Preparing solicitation documents
Any solicitation documents including amendments shall comply with Clause 11.
12.4 Planning the evaluation
12.4.1 General
The purpose of bid evaluation is to determine the best responsive bid among the bids submitted before the specified bid closing time. This is done in accordance with the evaluation and selection methodology as specified in the solicitation document.
12.4.2 Determining the evaluation timeline
The evaluation of bids shall provide sufficient time to evaluate accessibility requirements of a bid. Sufficient time shall be determined by:
- the needed time of evaluators to review a bid;
- the complexity of the bid, including accessibility requirements, of the bid;
- the number of bids submitted; and
- the time period for which a bid(s) will be valid.
12.4.3 Identifying the evaluation panel
The evaluation panel responsible for evaluating bids shall include:
- individuals with subject matter expertise to evaluate the accessibility requirements of the procurement including:
- subject matter experts on the good, service or construction being provided;
- people with disabilities or lived experience who are end users of the good or service; or
- if required, independent third-party experts with accessibility knowledge of the good, service or construction being procured.