Building Ontario Businesses Initiative Act (BOBIA)
Effective April 1, 2024, the purpose of this Act is to contribute to the growth of Ontario businesses by providing for circumstances in which public sector entities are required to give those businesses preference when conducting procurement processes for goods and services under a specified threshold amount.
Western Procurement Services has negotiated many preferred vendor agreements, which are exempt from this Act. Where practical, use Mustang Market catalogues, or other established vendor lists, as a simple way to ensure compliance. For all other requisitions, BOBIA may need to be considered during your procurement processes.
Key points:
Effective Date: The regulation takes effect on April 1, 2024. The requirements of BOBIA do not apply to procurement processes initiated before April 1, 2024.
Definition of Ontario Business: A business qualifies as an "Ontario business" if it operates permanently in Ontario and either has its headquarters/main office in Ontario or employs at least 250 full-time employees in the province.
Threshold Amounts: For procurements below the value of $121,200, preference must be given to Ontario businesses.
Preference to Ontario Businesses: Where applicable, public sector entities must give preference to Ontario businesses either by limiting eligibility to Ontario businesses only or by providing a 10% evaluation advantage to them in the procurement process.
Scope of Goods and Services: BOBIA applies to all goods and services except for specific exemptions such as goods or services procured for commercial sale or resale, procured pursuant to a vendor of record arrangement or a multi-use list, emergency-related goods/services, legal services, a good or service that is not available from an Ontario business.
Frequently Asked Questions
How do I know if my vendor is defined as an Ontario Business?
A business qualifies as an "Ontario business" if it operates permanently in Ontario and either has its headquarters/main office in Ontario or employs at least 250 full-time employees in the province. Look for an Ontario office location when searching for a company or reviewing quotes and confirm with the vendor.
The University may rely on the representation of the vendor regarding their status as an Ontario business as defined by BOBIA.
We recommend using the RFQ template for assistance with requesting quotes, as this form includes an ON business attestation checkbox for the vendors.
How do I apply the 10% evaluation advantage, if I am not limiting eligibility to Ontario Businesses only?
For assistance with applying the 10% advantage to Ontario businesses, please use the Quote Evaluation available in the RFQ Template.
Will I be required to indicate if I considered an Ontario business on my Mustang Market requisitions?
Yes. On the forms, you will be prompted to select an option from the available drop-down menu. Please indicate the option that best indicates how you considered BOBIA in your procurement selection process.
Will I be required to indicate if I considered an Ontario business on my Pcard purchases?
Yes, Ontario Businesses must be considered for all purchasing methods. At this time there is no formal process for Pcard purchases but we suggest using the RFQ template to demonstrate the decision making process when using a Pcard.
Do I need to obtain multiple quotes if considering a non-Ontario business?
The Competitive Bid Process requirements as per MAPP 2.8 Procedure continue to guide the number of quotes required for each value threshold. However, in order to consider a non-Ontario business, an Ontario business will need to be evaluated as well.
Note: This applies independent of any valid exemptions. For example, if an item can only be provided by a non-Ontario business, then an exemption will apply and you will not need to obtain a quote from an Ontario business.
How do I apply BOBIA to a service occurring outside of Ontario?
Services which are not available, or feasibly available, from an Ontario business or where the Ontario business cannot meet our specifications and requirements are exempt. To include an Ontario business in the opportunity, you may use the RFQ template for assistance with requesting and evaluating quotes.
For additional assistance, please attend one of our Procurement Workshops or email procurement@uwo.ca
