March 8, 2010

Procurement

Federal contracts may require fully bilingual documents

PATRICIA WILLIAMS

staff writer

A proposed move by the federal government to expand requirements for posting of bilingual contract documents on the MERX electronic tendering system is creating concern in design industry circles.

While this approach is common in Quebec, New Brunswick and the National Capital Region, the practice in other parts of the country has been to post the documents in English only, making the French version available to those making the request.

Industry associations have been advised by Public Works and Government Services Canada that the government intends to expand these requirements.

These are expected to apply across the country, the Association of Consulting Engineering Companies-Canada (ACEC) said in a recent newsletter.

This move marks a major shift in government policy.

The impetus is a recent interpretation of the Official Languages Act, which stipulates that the Government of Canada publish its documents in both official languages, the association said.

Documents posted on MERX are considered public documents.

“We recognize that for public policy and legal reasons, the federal government may decide to prepare and distribute construction documents in both official languages,” Jon Hobbs, outgoing executive director of the Royal Architectural Institute of Canada (RAIC) said in a letter to Public Works Canada.

“However, there are very real practical considerations in the implementation of such a policy.”

Those considerations include a lack of private sector capacity in the design industry outside of parts of Quebec, Ontario and New Brunswick to prepare bilingual construction documents.

“The consensus is that there is simply insufficient capacity to provide documents in both official languages in every part of the country,” said ACEC president John Gamble.

“We also hear that there is not a great deal of surplus capacity in those areas where this is already being done.”

An added wrinkle, Gamble said, is the matter of professional liability. By law, documents must be sealed by professional engineers, who take responsibility for content.

“This is more than just an exercise in translating technical documents,” he said.

An expanded requirement to post bilingual documents could also have an impact on construction schedules, the two associations said.

“This is going to have a dramatic impact on Public Works’ ability to deliver projects in a timely and cost-effective manner,” Gamble said.

In an appendix to its letter to the government, the RAIC said the requirement will definitely add several weeks or even a few months to the time required to issue bid documents.

Regional offices of Public Works Canada are in the process of contacting various industry stakeholders to assess the impact on the architectural and engineering sectors and collaborate during the transition to the new regime.

“We have certainly been encouraging our member organizations to respond directly,” Gamble said.

“It is important as they (the government) move forward, that they have a very clear picture of the implications.”

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