Effective: April 1, 2023
Applicable FAM Policies: 710 – Contract Registry and Reporting
Applicability: GNWT Departments and Public Agencies

INTERPRETATION

This interpretation provides guidance to GNWT Departments and Public Agencies in relation to procurement contracts which have been entered into and are considered Out-of-Scope (OOS), or “non-reportable” for the purpose of producing the quarterly GNWT contracts report.

Due to legalities, the nature of the activity, and/or accounting requirements, certain contracting activities are considered OOS, and will not be included in public contract reports. The following guidelines further clarify the types of contracts which Departments and Agencies should denote as OOS / non-reportable.

1. Contracts where an Act, regulation, or court order prohibits disclosure;
2. Legal or settlement agreements where the contract or sensitivity prohibits publication, e.g. Legal Aid;
3. Human Resources employment contracts, Ultimate Removal Assistance;
4. Grants and contributions, including Third Party Funded Agreements, Memorandums of Understanding, and Subsidies;
5. Non-commercial payments to non-profit organizations and individuals, not including Sole-Proprietorships;
6. Journal vouchers for chargeback or correction;
7. Duty travel (other than by air charter); 
8. Specialized software contracts where cyber security is required;
9. Contracts valued under the threshold for quarterly contract reports, as identified in  FAM 710 - Contract Registry and Reporting

The responsibility and accountability for information posted to SAM rests with the individual Departments and Public Agencies entering or reviewing the information; it is the responsibility of the Department or Agency to identify information deemed to be OOS / non-reportable, and to justify as necessary.