Annex A—IRB Causality Assessment
The following questions may be considered by IRB Managers when assessing causality.
Details and Documentation
- Corporate IRB Processes—What are the IRB Contractor's internal processes for IRB advocacy and awareness, across its own corporate family and with its Eligible Parties? Do any documents exist confirming this?
- Application of Corporate IRB Processes—If internal corporate IRB processes exist, how were they used leading up to this particular activity? Do any documents exist confirming this?
- Details and Timeline—What are the specific details, timelines, processes and/or context leading to the IRB Contractor's procurement decision with the Canadian recipient? When and how did the IRB obligation factor into the decision-making process? Do any documents exist confirming this?
Direct and Indirect IRB Transactions
- Direct transactions are causal by their very nature.
- Indirect transactions require further review.
- Has there been any early discussion between the IRB Contractor or its Eligible Parties and IRB officials regarding the business activity, before a decision was made?
- Has there been discussion between the IRB Contractor, their Eligible Parties, and Regional Development Agency officials regarding the business activity, before a decision was made?
Likelihood of Business Happening Anyway
- Market share—What is the market share held by an IRB recipient for a particular product or service?
- Business History—What is the nature, intensity and longevity of any existing business relationship between the IRB Contractor, or Eligible Party, and the IRB Recipient?
- Intellectual Property—Are there any intellectual property considerations that impact on the IRB Contractor's choice of the IRB recipient?
- Eligible Party—Who is the IRB "donor"? Is it the IRB Contractor or one of its major tier one subcontractors on the project, or a member of the IRB Contractor's corporate family?
- Competitive or Sole Source—Was the choice of a Canadian recipient the result of a competitive or sole source supplier selection process?
- Miscellaneous—Are there any unique or special factors that should be considered?
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