New Yukon First Nations Procurement Policy unveiled at Yukon Forum

Yukon First Nations Procurement Policy

The Yukon First Nations Procurement Policy (YFNPP) was unveiled at the December 11, 2020 Yukon Forum by the Government of Yukon, Yukon First Nations and Council of Yukon First Nations leaders. The policy was developed through an innovative, collaborative approach involving the representatives of the Yukon government and Yukon First Nations.

How will this new policy benefit Yukon First Nations?

Increased hiring

• Points will be allocated to tenders that involve bids committing to hire Yukon First Nations people to work on territorial procurement projects.

• Worker development plans will connect Yukon First Nations people to training, skills development and employment opportunities associated with territorial procurements.

More community engagement

• Community Development Agreements will provide direct benefits and opportunities to Yukon First Nation people, businesses and communities for projects within a Yukon First Nation’s traditional territory.
• Annual community contract forecasts will be shared with Yukon First Nations communities.
• Yukon will meet with each Yukon First Nation government annually to review Yukon’s capital spending plans for capital projects.

Opportunities for Yukon First Nation Businesses

• New procurement tools will increase the number of territorial procurements awarded to Yukon First Nations businesses or bids involving Yukon First Nations businesses.
• A Yukon First Nations Business Registry will list Yukon First Nation-owned businesses. The Registry will contain information on the goods and services offered by Yukon First Nations businesses, and will be accessible to Yukon government procurement authorities.
• Bid value reductions will be available to bidders and sub-contractors based on their percentage of Yukon First Nation ownership. This will increase the competitiveness of bids submitted by Yukon businesses and Yukon First Nations businesses.

Greater accountability

• A monitor and review committee will be established to ensure policy objectives are being met and improvements to policy effectiveness are being made.
• Contractor performance will be assessed to determine the extent to which contractors meet contract obligations related to the Yukon First Nations participation measures.
• Yukon government will aim for more Yukon First Nations representation in the Impartial Review Authority tasked with hearing complaints related to procurement processes.

What defines a Yukon First Nation business?

A Yukon First Nation Business meets one of the following criteria:

(i) a corporation or not-for-profit corporation where one or more Yukon First Nations is the direct or beneficial owner of 100 per cent of the shares of the corporation;

(ii) a sole proprietorship owned by a Yukon First Nation Person;

(iii) a partnership or limited partnership where at least 50 per cent of the partnership is owned by a Yukon First Nation Person or an organization described in (a) or (b);

(iv) a corporation with at least 51 per cent of the corporation’s voting shares owned by a Yukon First Nation Person or an organization described in (a) or (b); or

(v) a not-for-profit organization in good standing under the Societies Act with at least 51 percent of its membership comprised of Yukon First Nations people.

A sole proprietorship owned by a non-Yukon First Nation Person, which supports a Yukon First Nation spouse or common law partner, and/or a Yukon First Nation family, may qualify as a Yukon First Nation Business. The Government will engage the relevant Yukon First Nation government during its review.

Where will the Yukon First Nations Procurement Policy be located?

The General Administration Manual (GAM) 2.6 is Yukon government’s procurement policy. Implemented on April 1, 2019, this policy sets out how Yukon government procures goods and services from individuals and businesses. The new YFNPP is a sub-section of this policy that will fall under the government’s general procurement policy GAM 2.6.

When will the Yukon First Nations Procurement Policy come into effect?

Implementation will be phased to ensure Yukon First Nations, Yukon businesses and Government of Yukon employees are well-versed in the policy, and that all required tools and templates to implement and operationalize the policy are readily available in order to ensure a successful transition.

The Government of Yukon is aiming for and working towards a February 22, 2021 implementation date, and planning for certain provisions (i.e. bid value reductions, set asides, workplace development plans, community development agreements, business registry and invitational tenders) to come into effect on April 26, 2021.

If you have any technical questions, you can contact the Procurement Support Centre at 667-5385 or by email at contracts@gov.yk.ca.