Complexity Level 5 Procurements

Complexity Level 5 procurements are Government of Canada procurements classified at the top of the federal complexity scale. They involve transformational requirements that affect public policy or culture outside government, together with one or more further characteristics such as high uncertainty, shared decision-making or success that is ultimately determined by the public.

The classification is an internal buyer tool used in the federal procurement process, particularly by Public Services and Procurement Canada (PSPC). CanadaBuys describes five complexity levels, each requiring a different approach and level of expertise. Level 5 sits at the far end of that range. The definition is set out in the CanadaBuys characteristics of procurement complexity levels.

How the five complexity levels are assigned

Every requisition is assessed to determine its complexity level. The result routes the requirement through the appropriate process stream, according to the CanadaBuys guidance on determining complexity. The CanadaBuys glossary adds that the assessment also allocates the requirement to a contracting officer with the necessary expertise.

The selected level must be documented, dated and signed. Any change to the level must also be documented and explained.

What defines a Level 5 requirement

A Level 5 procurement is built around a transformational requirement that affects public policy or culture external to government. On top of that, it carries one or more of the following characteristics:

• High uncertainty.
• Partnerships with clients, multiple stakeholders and elected officials to reshape or introduce public policy.
• Shared decision-making.
• Detailed, extensive and highly unpredictable contract administration.
• Success ultimately determined by the public.

PSPC internal audit material describes procurements at Levels 3 to 5 as complex projects that often acquire commodities not readily available in the marketplace and use unique procurement strategies. The PSPC audit of land, aerospace and marine equipment procurement sets out that description.

Approvals and reviews that apply at Levels 4 and 5

Level 5 shares its heaviest oversight requirements with Level 4. Three are documented on CanadaBuys:

• Procurement plan. For specified PSPC Acquisitions Program procurements at or above the Assistant Deputy Minister approval level, a formal procurement plan is required, and the Assistant Deputy Minister approves plans for Levels 4 and 5. The formal plan for high-complexity procurements must include a detailed risk assessment and proposed mitigation strategies for medium-to-high risks. See the CanadaBuys procurement plan guidance.
• Offer evaluation. A formal review of offer-evaluation results is mandatory for Levels 4 and 5, as set out in the CanadaBuys evaluation process guidance.
• Advance Contract Award Notices. For an ACAN, the approval authority for Levels 4 and 5 is the Assistant Deputy Minister, Acquisitions Branch. See the CanadaBuys ACAN guidance.

What Level 5 means for a supplier

The complexity level is a buyer-side classification. The requirements it triggers are planning, senior approval, risk assessment and formal review of evaluation results, all of which sit with the government. Level 5 is not a supplier certification, and it does not come with its own bid form.

A supplier responds to the solicitation in front of it. The instructions, evaluation criteria, security requirements and contract clauses in the tender notice set what a bid must contain. Suppliers eyeing work with the characteristics described above should expect senior-level approvals and a formal review of evaluation results to be part of the buyer's process. They should also read each solicitation closely for how the requirement is described and how the contract will be administered. Current solicitations are listed on CanadaBuys tender opportunities.