Archived - Standard Acquisition Clauses and Conditions Manual - Standard Instructions

01 (2016-04-04) Integrity provisions—bid

1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Bidder must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
2. Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
3. In addition to all other information required in the bid solicitation, the Bidder must provide the following:
   1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
   2. with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
4. Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Bidder certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
   4. it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
   5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
   6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
5. Where a Bidder is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
6. Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Bidder provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Bidder to be ineligible for award of a contract for providing a false or misleading certification or declaration.

02 (2020-05-28) Procurement Business Number

Suppliers are required to have a Procurement Business Number (PBN) before contract award. Suppliers may register for a PBN online at Supplier Registration Information.

03 (2007-05-25) Standard instructions, clauses and conditions

Pursuant to the Department of Public Works and Government Services Act ( S.C. 1996, c.16), the instructions, clauses and conditions identified in the bid solicitation and resulting contract by number, date, and title are incorporated by reference into and form part of the bid solicitation and resulting contract as though expressly set out in the bid solicitation and resulting contract.

04 (2007-11-30) Definition of Bidder

"Bidder" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting a bid to perform a contract for goods, services or both. It does not include the parent, subsidiaries or other affiliates of the Bidder, or its subcontractors.

05 (2018-05-22) Submission of bids

1. Canada requires that each bid, at solicitation closing date and time or upon request from the Contracting Authority, be signed by the Bidder or by an authorized representative of the Bidder. If a bid is submitted by a joint venture, it must be in accordance with section 17.
2. It is the Bidder's responsibility to:
   1. obtain clarification of the requirements contained in the bid solicitation, if necessary, before submitting a bid;
   2. prepare its bid in accordance with the instructions contained in the bid solicitation;
   3. submit by solicitation closing date and time a complete bid;
   4. send its bid only to the specified Bid Receiving Unit of Public Works and Government Services Canada (PWGSC) specified in the bid solicitation or, to the address specified in the bid solicitation, as applicable;
   5. ensure that the Bidder's name, return address, bid solicitation number, and solicitation closing date and time are clearly visible on the bid; and,
   6. provide a comprehensible and sufficiently detailed bid, including all requested pricing details, that will permit a complete evaluation in accordance with the criteria set out in the bid solicitation.
3. Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Bidder to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Bidder's part nor for notification services offered by a third party.
4. Bids will remain open for acceptance for a period of not less than 60 days from the closing date of the bid solicitation, unless specified otherwise in the bid solicitation. Canada reserves the right to seek an extension of the bid validity period from all responsive bidders in writing, within a minimum of 3 days before the end of the bid validity period. If the extension is accepted by all responsive bidders, Canada will continue with the evaluation of the bids. If the extension is not accepted by all responsive bidders, Canada will, at its sole discretion, either continue with the evaluation of the bids of those who have accepted the extension or cancel the solicitation.
5. Bid documents and supporting information may be submitted in either English or French.
6. Bids received on or before the stipulated bid solicitation closing date and time will become the property of Canada and will not be returned. All bids will be treated as confidential, subject to the provisions of the Access to Information Act ( R.S. 1985, c. A-1) and the Privacy Act ( R.S., 1985, c. P-21).
7. Unless specified otherwise in the bid solicitation, Canada will evaluate only the documentation provided with a bidder's bid. Canada will not evaluate information such as references to Web site addresses where additional information can be found, or technical manuals or brochures not submitted with the bid.
8. A bid cannot be assigned or transferred in whole or in part.

06 (2022-03-29) Late bids

PWGSC will return or delete bids delivered after the stipulated solicitation closing date and time, unless they qualify as a delayed bid as described in section 07.

For late bids submitted using means other than the Canada Post Corporation's Connect service, the paper bid will be returned.

For bids submitted electronically, the late bids will be deleted. As an example, bids submitted using Canada Post Corporation's Connect service, conversations initiated by the Bid Receiving Unit via the CPC Connect service pertaining to a late bid, will be deleted. Records will be kept documenting the transaction history of all late bids submitted using CPC Connect service.

07 (2022-03-29) Delayed bids

1. A bid delivered to the specified Bid Receiving Unit after the solicitation closing date and time but before the contract award date may be considered, provided the bidder can prove the delay is due solely to a delay in delivery that can be attributed to the Canada Post Corporation (CPC) (or national equivalent of a foreign country). Private courier (Purolator Inc., Fedex Inc., etc.) is not considered to be part of CPC for the purposes of delayed bids.
   1. The only pieces of evidence relating to a delay in the CPC system that are acceptable to PWGSC are:
      1. a CPC cancellation date stamp;
      2. a CPC Priority Courier bill of lading;
      3. a CPC Xpresspost label;

      that clearly indicates that the bid was sent before the solicitation closing date.

   2. The only piece of evidence relating to a delay in the CPC Connect service provided by CPC system that is acceptable to PWGSC is a CPC Connect service date and time record indicated in the CPC Connect conversation history that clearly indicates that the bid was sent before the solicitation closing date and time.
2. Misrouting, traffic volume, weather disturbances, labour disputes or any other causes for the late delivery of bids are not acceptable reasons for the bid to be accepted by PWGSC.
3. Postage meter imprints, whether imprinted by the Bidder, the CPC or the postal authority outside Canada, are not acceptable as proof of timely mailing.

08 (2023-06-08) Transmission by facsimile or by Canada Post Corporation's (CPC) Connect service

1. Facsimile
   1. Unless specified otherwise in the bid solicitation, bids may be submitted by facsimile.
      1. PWGSC, National Capital Region: The only acceptable facsimile number for responses to bid solicitations issued by PWGSC headquarters is 819-997-9776 or, if applicable, the facsimile number identified in the bid solicitation.
      2. PWGSC regional offices: The facsimile number for responses to bid solicitations issued by PWGSC regional offices is identified in the bid solicitation.
   2. For bids transmitted by facsimile, Canada will not be responsible for any failure attributable to the transmission or receipt of the faxed bid including, but not limited to, the following:
      1. receipt of garbled, corrupted or incomplete bid;
      2. availability or condition of the receiving facsimile equipment;
      3. incompatibility between the sending and receiving equipment;
      4. delay in transmission or receipt of the bid;
      5. failure of the Bidder to properly identify the bid;
      6. illegibility of the bid; or
      7. security of bid data.
   3. A bid transmitted by facsimile constitutes the formal bid of the Bidder and must be submitted in accordance with section 05.
2. Canada Post Corporation's Connect service
   1. Unless specified otherwise in the bid solicitation, bids may be submitted by using the Connect service provided by Canada Post Corporation.
      1. PWGSC, National Capital Region: The only acceptable email address to use with CPC Connect for responses to bid solicitations issued by PWGSC headquarters is: tpsgc.pareceptiondessoumissions-apbidReceiving.pwgsc@tpsgc-pwgsc.gc.ca, or, if applicable, the email address identified in the bid solicitation.
      2. PWGSC regional offices: The only acceptable email address to use with CPC Connect for responses to bid solicitations issued by PWGSC regional offices is identified in the bid solicitation.
   2. To submit a bid using CPC Connect service, the Bidder must either:
      1. send directly its bid only to the specified PWGSC Bid Receiving Unit, using its own licensing agreement for CPC Connect provided by Canada Post Corporation; or
      2. send as early as possible, and in any case, at least six business days prior to the solicitation closing date and time, (in order to ensure a response), an email that includes the bid solicitation number to the specified PWGSC Bid Receiving Unit requesting to open a CPC Connect conversation. Requests to open a CPC Connect conversation received after that time may not be answered.
   3. If the Bidder sends an email requesting CPC Connect service to the specified Bid Receiving Unit in the bid solicitation, an officer of the Bid Receiving Unit will then initiate a CPC Connect conversation. The CPC Connect conversation will create an email notification from Canada Post Corporation prompting the Bidder to access and action the message within the conversation. The Bidder will then be able to transmit its bid afterward at any time prior to the solicitation closing date and time.
   4. If the Bidder is using its own licensing agreement to send its bid, the Bidder must keep the CPC Connect conversation open until at least 30 business days after the solicitation closing date and time.
   5. The bid solicitation number should be identified in the CPC Connect message field of all electronic transfers.
   6. It should be noted that the use of CPC Connect service requires a Canadian mailing address. Should a bidder not have a Canadian mailing address, they may use the Bid Receiving Unit address specified in the solicitation in order to register for the CPC Connect service.
   7. For bids transmitted by CPC Connect service, Canada will not be responsible for any failure attributable to the transmission or receipt of the bid including, but not limited to, the following:
      1. receipt of a garbled, corrupted or incomplete bid;
      2. availability or condition of the CPC Connect service;
      3. incompatibility between the sending and receiving equipment;
      4. delay in transmission or receipt of the bid;
      5. failure of the Bidder to properly identify the bid;
      6. illegibility of the bid;
      7. security of bid data; or,
      8. inability to create an electronic conversation through the CPC Connect service.
   8. The Bid Receiving Unit will send an acknowledgement of the receipt of bid document(s) via the CPC Connect conversation, regardless of whether the conversation was initiated by the supplier using its own license or the Bid Receiving Unit. This acknowledgement will confirm only the receipt of bid document(s) and will not confirm if the attachments may be opened nor if the content is readable.
   9. Bidders must ensure that that they are using the correct email address for the Bid Receiving Unit when initiating a conversation in CPC Connect or communicating with the Bid Receiving Unit and should not rely on the accuracy of copying and pasting the email address into the CPC Connect system.
   10. A bid transmitted by CPC Connect service constitutes the formal bid of the Bidder and must be submitted in accordance with section 05.

09 (2010-10-07) Customs clearance

It is the responsibility of the Bidder to allow sufficient time to obtain Customs clearance, where required, before the bid closing date and time. Delays related to the obtaining of Customs clearance cannot be construed as "undue delay in the mail" and will not be accepted as a delayed bid under section 07.

10 (2007-05-25) Legal capacity

The Bidder must have the legal capacity to contract. If the Bidder is a sole proprietorship, a partnership or a corporate body, the Bidder must provide, if requested by the Contracting Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to bidders submitting a bid as a joint venture.

11 (2007-11-30) Rights of Canada

Canada reserves the right to:

1. reject any or all bids received in response to the bid solicitation;
2. enter into negotiations with bidders on any or all aspects of their bids;
3. accept any bid in whole or in part without negotiations;
4. cancel the bid solicitation at any time;
5. reissue the bid solicitation;
6. if no responsive bids are received and the requirement is not substantially modified, reissue the bid solicitation by inviting only the bidders who bid to resubmit bids within a period designated by Canada; and,
7. negotiate with the sole responsive Bidder to ensure best value to Canada.

12 (2014-09-25) Rejection of bid

1. Canada may reject a bid where any of the following circumstances is present:
   1. the Bidder is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Bidder ineligible to bid on the requirement;
   2. an employee, or subcontractor included as part of the bid, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to bid on the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of the bid;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or prior transactions with the Government of Canada:
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Bidder, any of its employees or any subcontractor included as part of the bid;
      2. Canada determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
2. Where Canada intends to reject a bid pursuant to a provision of subsection 1. (f), the Contracting Authority will so inform the Bidder and provide the Bidder 10 days within which to make representations, before making a final decision on the bid rejection.
3. Canada reserves the right to apply additional scrutiny, in particular, when multiple bids are received in response to a bid solicitation from a single bidder or a joint venture. Canada reserves the right to:
   1. reject any or all of the bids submitted by a single bidder or joint venture if their inclusion in the evaluation has the effect of prejudicing the integrity and fairness of the process, or;
   2. reject any or all of the bids submitted by a single bidder or joint venture if their inclusion in the procurement process would distort the solicitation evaluation, and would cause a result that would not reasonably have been expected under prevailing market conditions and/or would not provide good value to Canada.

13 (2014-03-01) Communications—solicitation period

To ensure the integrity of the competitive bid process, enquiries and other communications regarding the bid solicitation must be directed only to the Contracting Authority identified in the bid solicitation. Failure to comply with this requirement may result in the bid being declared non-responsive.

To ensure consistency and quality of information provided to bidders, significant enquiries received and their replies will be posted on the Government Electronic Tendering Service (GETS). For further information, consult subsection 3 of the Submission of bids section.

14 (2007-11-30) Price justification

In the event that the Bidder's bid is the sole responsive bid received, the Bidder must provide, on Canada's request, one or more of the following price justification:

1. a current published price list indicating the percentage discount available to Canada; or
2. a copy of paid invoices for the like quality and quantity of the goods, services or both sold to other customers; or
3. a price breakdown showing the cost of direct labour, direct materials, purchased items, engineering and plant overheads, general and administrative overhead, transportation, etc., and profit; or
4. price or rate certifications; or
5. any other supporting documentation as requested by Canada.

15 (2007-05-25) Bid costs

No payment will be made for costs incurred in the preparation and submission of a bid in response to the bid solicitation. Costs associated with preparing and submitting a bid, as well as any costs incurred by the Bidder associated with the evaluation of the bid, are the sole responsibility of the Bidder.

16 (2008-05-12) Conduct of evaluation

1. In conducting its evaluation of the bids, Canada may, but will have no obligation to, do the following:
   1. seek clarification or verification from bidders regarding any or all information provided by them with respect to the bid solicitation;
   2. contact any or all references supplied by bidders to verify and validate any information submitted by them;
   3. request, before award of any contract, specific information with respect to bidders' legal status;
   4. conduct a survey of bidders' facilities and/or examine their technical, managerial, and financial capabilities to determine if they are adequate to meet the requirements of the bid solicitation;
   5. correct any error in the extended pricing of bids by using unit pricing and any error in quantities in bids to reflect the quantities stated in the bid solicitation; in the case of error in the extension of prices, the unit price will govern.
   6. verify any information provided by bidders through independent research, use of any government resources or by contacting third parties;
   7. interview, at the sole costs of bidders, any bidder and/or any or all of the resources proposed by bidders to fulfill the requirement of the bid solicitation.
2. Bidders will have the number of days specified in the request by the Contracting Authority to comply with any request related to any of the above items. Failure to comply with the request may result in the bid being declared non-responsive.

17 (2010-01-11) Joint venture

1. A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to bid together on a requirement. Bidders who bid as a joint venture must indicate clearly that it is a joint venture and provide the following information:
   1. the name of each member of the joint venture;
   2. the Procurement Business Number of each member of the joint venture;
   3. the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
   4. the name of the joint venture, if applicable.
2. If the information is not clearly provided in the bid, the Bidder must provide the information on request from the Contracting Authority.
3. The bid and any resulting contract must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Contracting Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the bid solicitation and any resulting contract. If a contract is awarded to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any resulting contract.

18 (2012-03-02) Conflict of interest—unfair advantage

1. In order to protect the integrity of the procurement process, bidders are advised that Canada may reject a bid in the following circumstances:
   1. if the Bidder, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
   2. if the Bidder, any of its subcontractors, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other bidders and that would, in Canada's opinion, give or appear to give the Bidder an unfair advantage.
2. The experience acquired by a bidder who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This bidder remains however subject to the criteria established above.
3. Where Canada intends to reject a bid under this section, the Contracting Authority will inform the Bidder and provide the Bidder an opportunity to make representations before making a final decision. Bidders who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a bid, the Bidder represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Bidder acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.

19 (2007-11-30) Entire requirement

The bid solicitation documents contain all the requirements relating to the bid solicitation. Any other information or documentation provided to or obtained by a bidder from any source are not relevant. Bidders should not assume that practices used under previous contracts will continue, unless they are described in the bid solicitation. Bidders should also not assume that their existing capabilities meet the requirements of the bid solicitation simply because they have met previous requirements.

20 (2017-04-27) Further information

1. For further information, bidders may contact the Contracting Authority identified in the bid solicitation.
2. For bid solicitations issued out of PWGSC headquarters, enquiries concerning receipt of bids may be addressed to the Bid Receiving Unit, Procurement Operational Support Division, telephone 819-420-7200. For bid solicitations issued out of PWGSC regional offices, enquiries concerning receipt of bids may be addressed to the Contracting Authority identified in the bid solicitation.

21 (2022-01-28) Code of Conduct for Procurement—bid

The Code of Conduct for Procurement provides that Bidders must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Bidder is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.

Part I: Standard Instructions and Conditions

The following standard instructions and conditions cover the regulatory framework, certifications and evaluation procedures.

01 Regulatory Framework

1. Canada recognizes that bidders may be subject to regulation by the Canadian Radio-television and Telecommunications Commission (CRTC) in respect of some or all of the services or products required under the bid solicitation. As a result, the Bidder may:
   1. be subject to regulation by the CRTC, but not require CRTC tariff approval to provide the services or products it proposes to Canada in its bid;
   2. be subject to regulation by the CRTC and propose services or products to Canada in its bid in accordance with an existing tariff that has already been approved by the CRTC; or
   3. be subject to regulation by the CRTC and propose services or products to Canada in its bid in accordance with a new tariff (or an amendment to an existing tariff) that has not yet been approved by the CRTC.
2. Despite the fact that individual bidders may be regulated differently by the CRTC, or that individual bidders' existing tariffs may be inconsistent with Canada's requirements, all bids will be evaluated in accordance with the evaluation process described in the bid solicitation.

02 Bidders' Responsibilities in Relation to Regulatory Framework

1. It is the sole responsibility of the Bidder to:
   1. identify any CRTC regulations or rulings to which it may be subject in relation to the bid solicitation and any resulting contract;
   2. obtain all approvals required to allow the Bidder to deliver the services and products at the prices it proposes in its bid; and
   3. raise with Canada, during the enquiry period, any concerns about conflicts between the bid solicitation (including the resulting contract clauses) and any CRTC regulations or rulings, by identifying:
      1. the specific requirement in the bid solicitation that creates the conflict; and
      2. the specific provisions of CRTC regulations or rulings that affect the bid solicitation requirement (including document titles, dates, page and paragraph numbers).
2. Bidders may wish, in preparing their bids, to seek interpretations from the CRTC if they are in doubt as to whether or not the services, products and prices they propose to Canada in their bid are subject to and in accordance with an existing tariff or require the filing of an amendment to an existing tariff or a new tariff.
3. The Contracting Authority will consider issues of conflicts between the requirements of the bid solicitation and CRTC regulations or rulings raised by bidders during the enquiries period and may, in its sole discretion, amend the bid solicitation if it determines that amendments are consistent with Canada's operational requirements. However, Canada will not compromise its operational requirements to accommodate individual bidders' corporate or regulatory circumstances.

03 Regulatory Certifications for Bids including Non-regulated or Forborne Services or Products

Bidders proposing services, products and prices to Canada that are not subject to any tariff must provide the certification in Regulatory Form A.

04 Regulatory Certifications for Bids made under Existing Tariffs

1. Bidders proposing services, products and prices to Canada in accordance with an existing tariff that has already been approved by the CRTC must provide the following:
   1. a complete copy of the tariff or the specific URL where that tariff can be found, together with any information required to identify the tariff; and
   2. the certification set out in Regulatory Form B.
2. Following the bid closing date, during the evaluation period, the Bidder must immediately advise the Contracting Authority of any ruling from the CRTC relating to this tariff that affects its ability to provide the services, products or prices proposed in its bid.

05 Regulatory Certifications for Bids made under Tariffs not yet Approved by the Canadian Radio-television and Telecommunications Commission

1. Bidders proposing services, products and prices to Canada in their bid under a proposed new tariff (or an existing tariff and a proposed amendment to that tariff) not yet approved by the CRTC must provide the following:
   1. a complete copy of the proposed new tariff (or the existing tariff and the proposed amendment to that existing tariff) or the specific URL where that tariff can be found, together with any information required to identify the tariff; and
   2. the certification set out in Regulatory Form C.
2. The Bidder is requested to include in its bid its best pre-estimate of the date by which the proposed new tariff or amendment will likely be approved by the CRTC. This pre-estimate is for information purposes only.
3. Following the bid closing date, during the evaluation period, the Bidder must immediately advise the Contracting Authority of any ruling from the CRTC relating to this tariff that affects its ability to provide the services, products or prices proposed in its bid.

06 Evaluation Procedures for Bids based on a Draft Tariff

1. The following procedures apply to the top-ranked bid identified according to the evaluation process described in the bid solicitation, if some or all of the proposed services or products will be subject to a proposed new tariff or an existing tariff subject to a proposed amendment (collectively referred to as the "Draft Tariff").
2. Unless the Bidder receives approval sooner, the Contracting Authority will allow no less than the following time period for the Bidder to obtain interim approval of the Draft Tariff from the CRTC:
   1. if the CRTC considers the application on an ex parte basis, no fewer than forty-five (45) working days following the bid closing date; or
   2. if the CRTC uses a public process to consider the application, no fewer than sixty (60) working days following the bid closing date.

   Following this period, the Contracting Authority may, at any time, require the Bidder to obtain interim approval from the CRTC on ten (10) working days' notice. The Contracting Authority may, in its sole discretion, extend this ten (10) working day period. In determining whether or not to grant such an extension, the Contracting Authority may request from the Bidder any information it requires to consider the request and the impact of the request on Canada's operational requirements. The time periods described above (including extensions authorized by the Contracting Authority) are collectively referred to as the "Allotted Approval Time".

3. If the Bidder does not, within the Allotted Approval Time, obtain interim approval of the Draft Tariff from the CRTC, the Contracting Authority will declare the bid non-responsive.
4. If, in the Allotted Approval Time, a bidder receives interim approval of its Draft Tariff in the form in which it was filed (i.e., the CRTC's interim approval is not subject to conditions and the Bidder was not required to revise the Draft Tariff in order to obtain interim approval), the Contracting Authority will recommend the bid for contract award, subject to the provisions of the bid solicitation.
5. If, in the Allotted Approval Time, the Bidder receives interim approval of its Draft Tariff, but the interim approval is subject to conditions or the Bidder is required to revise the Draft Tariff in order to obtain interim approval, then:
   1. the Bidder must submit the following to the Contracting Authority (all within five (5) working days following the expiry of the Allotted Approval Time):
      1. the Draft Tariff in the form approved by the CRTC or the specific URL where that tariff can be found, together with any information required to identify the tariff;
      2. a list of any conditions subject to which the CRTC has given the interim approval;
      3. a list of all revisions made to the version of the Draft Tariff originally submitted with the bid and an explanation of how these changes affect the bid; and
      4. Regulatory Form D.
   2. Canada will review this submission and, in respect of the aspects of the bid that are affected by the revisions, Canada will determine whether the amendments to the original Draft Tariff affect:
      1. the Bidder's compliance with the mandatory requirements of the bid solicitation;
      2. the Bidder's score under the rated requirements of the bid solicitation, if any; or
      3. the Bidder's ranking vis-à-vis other bidders in accordance with the evaluation process described in the bid solicitation.
   3. If Canada determines that the Bidder remains responsive and that its ranking vis-à-vis other bidders has been unaffected by the amendments to the Draft Tariff, the Contracting Authority will recommend the bid for contract award, subject to the provisions of the bid solicitation.
   4. If Canada determines that, as a result of the revisions to the Draft Tariff, the Bidder is either no longer responsive or is no longer the top-ranked bidder, Canada will proceed to consider the next-ranked bid for contract award, subject again to the provisions of the bid solicitation relating to the approval of any Draft Tariff.
   5. If a contract is awarded on the basis of an interim approval of a Draft Tariff, Canada may request that all bidders that have submitted responsive bids extend the validity period of their bids until final approval is granted by the CRTC. If Canada terminates the contract as a result of the form of the CRTC's final approval of the Draft Tariff, Canada may, at its option:
      1. cancel the bid solicitation;
      2. award the contract to the next-highest-ranked bidder whose bid is still valid (i.e., a bid that the Bidder extended), in accordance with the provisions of the bid solicitation; or
      3. reissue a bid solicitation for the requirement.

      Bidders will have no obligation to extend the validity period for their bids; however, bidders who do not extend the validity period for their bids will not qualify for acceptance if Canada, following termination of the original contract, chooses option (ii) above.

6. If, during the Allotted Approval Time, the CRTC provides final approval of the Draft Tariff, the same procedure will be followed that would apply if the CRTC had provided interim approval only.
7. This procedure has been developed in order to allow bidders who are required to submit new or revised tariffs to the CRTC to comply with the requirements of the bid solicitation to compete for this requirement. This procedure will also ensure that bidders have an opportunity, if the services or products to be provided under any resulting contract constitute a "bundle" pursuant to any rulings issued by the CRTC, to seek approval to provide these services and products.
8. A period of time has been allotted for bidders to complete any necessary processes with the CRTC. However, the time allowed for these processes must also be consistent with Canada and the client's operational requirements. The Contracting Authority will only grant extensions that it considers compatible with these operational requirements.
9. If, during the bid evaluation period, Canada proceeds to consider the next-ranked bidder under paragraph 5.(e), it may request that all remaining responsive bidders extend the validity periods for their bids. Bidders will have no obligation to extend the validity periods of their bid. However, Canada will only continue to consider bids that remain valid for acceptance.

Part II: Regulatory Forms

Unless otherwise indicated in the bid solicitation, bidders are requested to submit these regulatory forms with their bids on or before the bid closing date. If a bidder has not included any required regulatory form or has not, in the Contracting Authority's view, completed the form properly, the Contracting Authority will provide the Bidder with an opportunity to submit the forms during the evaluation period. If the Bidder does not submit the forms within the period set by the Contracting Authority, its bid will be declared non-responsive.

If different services or products proposed by the Bidder are subject to different regulatory circumstances - for example, if some services or products are non-regulated or forborne, some services or products are subject to existing tariffs, and some services or products are proposed to be subject to new or amended tariffs - the Bidder is required to submit Regulatory Forms A, B and C and specify which services or products fit into each of these categories. Given that the CRTC regulates different suppliers in different ways, this certification is required from each member of any joint venture bidder.

Regulatory Form A: Regulatory Certification for Bids including Non-regulated or Forborne Services or Products

By submitting a bid, the Bidder certifies that, on bid closing date, the services, products and prices proposed to Canada in this bid are not subject to any existing tariff and, to the best of the Bidder's knowledge, based on an examination of all the information available to it on the bid closing date, the Bidder is not required to submit any tariff to the CRTC to provide the services or products to Canada at the prices proposed.

This Certification applies to the following services and products:

_____________________________________________________________

Regulatory Form B: Regulatory Certification for Bids made under Existing Tariffs

By submitting a bid, the Bidder certifies that it has submitted a complete and true copy of all existing tariffs that apply to the services and products described in its bid. The Bidder also certifies that:

• on bid closing date, the services, products and prices it has proposed are in full compliance with the tariffs that apply and, to the best of the Bidder's knowledge, based on an examination of all the information available to it on the bid closing date, it is not required to file any additional tariffs or amendments to provide these services and products at these prices;
• the tariffs that apply do not include any rate ranges and all prices in the tariffs are firm (meaning they will not change during the contract period); and
• it will immediately provide to the Contracting Authority any amendments made to these existing tariffs before contract award.

This Certification applies to the following services and products:

____________________________________________________________________________

Regulatory Form C: Regulatory Certification for Bids made under Tariffs not yet approved by the Canadian Radio-television and Telecommunications Commission

By submitting a bid, the Bidder certifies that it has submitted a complete and true copy of all proposed new tariffs (or all the existing tariffs that apply and the proposed amendments to those tariffs) that apply to the services and products described in its bid. The Bidder also certifies that:

• the proposed new tariff (or the existing tariff and the proposed tariff amendment) has been submitted to the CRTC for approval;
• the tariffs that apply do not include any rate ranges and all prices in the tariffs are firm (meaning they will not change during the contract period); and
• on bid closing date, the services, products and prices it has proposed are in full compliance with the proposed new tariffs (or amended tariffs).

This Certification applies to the following services and products:

____________________________________________________________________________

Regulatory Form D: Post-Bid-Closing Regulatory Certification regarding Approval of New or Amended Tariffs

This form is required only after bid closing date if the bid is based on a new or amended tariff - see the section of Part I, Evaluation Procedures for Bids based on a Draft Tariff. For a bid made by a joint venture, this certification would be required from each member of the joint venture bidder that submitted a tariff to the CRTC for approval.

The Bidder certifies that it has submitted a complete and true copy of all the new or amended tariffs, in the form approved by the CRTC on an interim basis, that apply to the services and products described in its bid. The Bidder also certifies that:

• the services, products and prices it has proposed are in full compliance with the new or amended tariffs, as approved by the CRTC on an interim basis, and do not, to the best of the Bidder's knowledge, based on an examination of all the information available to it on the date set out below, require that any additional tariffs or amendments be filed;
• it has identified in writing to the Contracting Authority all changes made to the version of the Draft Tariff originally submitted with its bid;
• it will immediately advise the Contracting Authority regarding the final approval status of the Draft Tariff; and
• if the Draft Tariff is further amended as part of the CRTC approvals process, the Bidder understands that it must immediately provide those amendments to the Contracting Authority.

This Certification applies to the following services and products:

____________________________________________________________________________

Signature of the Bidder_______________________________________

Print Name of the Bidder_______________________________________

Print Title of representative of the Bidder_______________________________________

Date Signed_______________________________________

01 (2016-04-04) Integrity provisions – bid

1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Bidder must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
2. Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
3. In addition to all other information required in the bid solicitation, the Bidder must provide the following:
   1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
   2. with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
4. Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Bidder certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
   4. it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
   5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
   6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
5. Where a Bidder is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
6. Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Bidder provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Bidder to be ineligible for award of a contract for providing a false or misleading certification or declaration.

02 (2022-09-01) Business Number

Suppliers are required to have a Business Number (BN) before contract award. Suppliers may register for a BN online at How to register your business.

03 (2007-05-25) Standard instructions, clauses and conditions

Pursuant to the Department of Public Works and Government Services Act (S.C. 1996, c.16), the instructions, clauses and conditions identified in the bid solicitation and resulting contract by number, date, and title are incorporated by reference into and form part of the bid solicitation and resulting contract as though expressly set out in the bid solicitation and resulting contract.

04 (2007-11-30) Definition of Bidder

"Bidder" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting a bid to perform a contract for goods, services or both. It does not include the parent, subsidiaries or other affiliates of the Bidder, or its subcontractors.

05 (2022-09-01) Submission of bids

1. Unless specified otherwise in the bid solicitation, bids must be submitted through CanadaBuys (SAP Ariba).
2. Canada requires that each bid, at or before solicitation closing date and time, be submitted by the Bidder or its authorized representative on behalf of the Bidder in accordance with subsection 3 below. If a bid is submitted by a joint venture, it must be in accordance with section 15.
3. To submit a bid through CanadaBuys (SAP Ariba), Bidders must complete the Review and Accept Prerequisites as applicable then click “OK”, accept the terms of the agreement and click “OK”, followed by “Submit entire response,” then click “OK”. An acknowledgement of the submission of the bid and any applicable bid document(s) will appear on screen. This acknowledgement will confirm only the submission of the bid and will neither confirm whether the bid document(s) meet(s) the requirement of the solicitation, nor whether attachments may be opened, nor whether the content is readable.
4. Bidders may review, correct or update their bid and resubmit a new bid at any point up to the bid solicitation’s closing date and time.
5. It is the Bidder's responsibility to:
   1. obtain clarification of the requirements contained in the bid solicitation, if necessary, before submitting a bid;
   2. prepare its bid in accordance with the instructions contained in the bid solicitation;
   3. submit by solicitation closing date and time a complete bid;
   4. provide a comprehensible and sufficiently detailed bid, including all requested pricing details, that will permit a complete evaluation in accordance with the criteria set out in the bid solicitation;
   5. ensure that all required fields, marked with a red asterisk (*), are completed before submitting a bid; and
   6. Determine if their bid needs to be amended, and resubmit, should the bid solicitation be amended.
6. Bids will remain open for acceptance for a period of not less than 60 days from the closing date of the bid solicitation, unless specified otherwise in the bid solicitation. Canada reserves the right to seek an extension of the bid validity period from all responsive bidders in writing, within a minimum of 3 days before the end of the bid validity period. If the extension is accepted by all responsive bidders, Canada will continue with the evaluation of the bids. If the extension is not accepted by all responsive bidders, Canada will, at its sole discretion, either continue with the evaluation of the bids of those who have accepted the extension or cancel the solicitation.
7. Bids, bid documents and supporting information may be submitted in either English or French.
8. Bids received on or before the stipulated bid solicitation closing date and time will become the property of Canada and will not be returned. All bids will be treated as confidential, subject to the provisions of the Access to Information Act ( R.S. 1985, c. A-1) and the Privacy Act ( R.S., 1985, c. P-21).
9. Unless specified otherwise in the bid solicitation, Canada will evaluate only the documentation provided with a bidder's bid. Information such as references to Web site addresses where additional information can be found, or technical manuals or brochures not submitted with the bid will not be evaluated by Canada.
10. A bid cannot be assigned or transferred in whole or in part.

06 (2022-09-01) Transmission through CanadaBuys (SAP Ariba)

1. Unless specified otherwise in the bid solicitation, bids must be submitted through CanadaBuys (SAP Ariba).
2. Canada will not be responsible for any failure attributable to the transmission or receipt of the bid including, but not limited to, the following:
   1. receipt of a garbled, corrupted, incomplete, unreadable or unopenable content, including in any electronic documents where applicable;
   2. availability or condition of CanadaBuys (SAP Ariba);
   3. incompatibility between the sending and receiving equipment;
   4. delay in transmission or receipt of the bid;
   5. security of bid data; or
   6. inability to upload electronic documents.
3. Bidders must ensure that they are using the correct CanadaBuys (SAP Ariba) Network account when submitting a bid.
4. A bid transmitted through CanadaBuys (SAP Ariba) constitutes the formal bid of the Bidder and must be submitted in accordance with section 05.
5. Canada will provide an acknowledgement of the submission of bid document(s) through CanadaBuys (SAP Ariba). Submission of a bid, as acknowledged through CanadaBuys (SAP Ariba), also constitutes receipt of that bid by Canada. Any acknowledgement of the submission of bid document(s) through CanadaBuys (SAP Ariba) does not serve to confirm whether the bid document(s) meet(s) the requirement of the solicitation, nor whether the attachments may be opened, nor whether the content is readable.

07 (2022-09-01) Late Bids

1. Canada will not consider bids submitted after the bid solicitation closing date and time.
2. The CanadaBuys (SAP Ariba) system prevents the submission of bids after the closing date and time of the solicitation.

08 (2022-09-01) Communications – solicitation period

1. To ensure the integrity of the competitive bid process, enquiries and other communications regarding the bid solicitation must be directed only to the Contracting Authority identified in the bid solicitation through the “Event Messages” tab within CanadaBuys (SAP Ariba). Failure to comply with this requirement may result in the bid being declared non-responsive.
2. Canada will make available Notices of Proposed Procurement (NPP) through the Government Electronic Tendering Service (GETS) (BuyandSell.gc.ca). Bid solicitations and related documents will be made available through CanadaBuys (SAP Ariba) . Canada is not responsible and will not assume any liabilities whatsoever for the information found on third party websites.
3. Canada will make available amendments to Notices of Proposed Procurement (NPP) through GETS. Canada will post all amendments to bid solicitations and related documents including significant enquiries received and their replies through CanadaBuys (SAP Ariba) . It is the sole responsibility of the Bidder to regularly consult GETS and CanadaBuys (SAP Ariba) for the most up-to-date information. Canada will not be liable for any oversight on the Bidder's part nor for notification services offered by a third party.

09 (2007-05-25) Legal capacity

The Bidder must have the legal capacity to contract. If the Bidder is a sole proprietorship, a partnership or a corporate body, the Bidder must provide, if requested by the Contracting Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to bidders submitting a bid as a joint venture.

10 (2007-11-30) Rights of Canada

Canada reserves the right to:

1. reject any or all bids received in response to the bid solicitation;
2. enter into negotiations with bidders on any or all aspects of their bids;
3. accept any bid in whole or in part without negotiations;
4. cancel the bid solicitation at any time;
5. reissue the bid solicitation;
6. if no responsive bids are received and the requirement is not substantially modified, reissue the bid solicitation by inviting only the bidders who bid to resubmit bids within a period designated by Canada; and,
7. negotiate with the sole responsive Bidder to ensure best value to Canada.

11 (2022-09-01) Rejection of bid

1. Canada may reject a bid where any of the following circumstances is present:
   1. the Bidder is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Bidder ineligible to bid on the requirement;
   2. an employee, or subcontractor included as part of the bid, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to bid on the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of the bid;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or prior transactions with the Government of Canada:
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Bidder, any of its employees or any subcontractor included as part of the bid;
      2. Canada determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
2. Where Canada intends to reject a bid pursuant to a provision of subsection 1. (f), the Contracting Authority will so inform the Bidder and provide the Bidder 10 days within which to make representations, before making a final decision on the bid rejection.
3. Canada reserves the right to apply additional scrutiny, in particular, when multiple bids are received in response to a bid solicitation from a single bidder or a joint venture. Canada reserves the right to:
   1. reject any or all of the bids submitted by a single bidder or joint venture if their inclusion in the evaluation has the effect of prejudicing the integrity and fairness of the process; or
   2. reject any or all of the bids submitted by a single bidder or joint venture if their inclusion in the procurement process would distort the solicitation evaluation and would cause a result that would not reasonably have been expected under prevailing market conditions and/or would not provide good value to Canada.

12 (2022-09-01) Price justification

In the event that the Bidder's bid is the sole responsive bid received, the Bidder must provide, on Canada's request, one or more of the following price justifications:

1. a current published price list indicating the percentage discount available to Canada; or
2. a copy of paid invoices for the like quality and quantity of the goods, services or both sold to other customers; or
3. a price breakdown showing the cost of direct labour, direct materials, purchased items, engineering and plant overheads, general and administrative overhead, transportation, etc., and profit; or
4. price or rate certifications; or
5. any other supporting documentation as requested by Canada.

13 (2007-05-25) Bid costs

No payment will be made for costs incurred in the preparation and submission of a bid in response to the bid solicitation. Costs associated with preparing and submitting a bid, as well as any costs incurred by the Bidder associated with the evaluation of the bid, are the sole responsibility of the Bidder.

14 (2008-05-12) Conduct of evaluation

1. In conducting its evaluation of the bids, Canada may, but will have no obligation to, do the following:
   1. seek clarification or verification from bidders regarding any or all information provided by them with respect to the bid solicitation;
   2. contact any or all references supplied by bidders to verify and validate any information submitted by them;
   3. request, before award of any contract, specific information with respect to bidders' legal status;
   4. conduct a survey of bidders' facilities and/or examine their technical, managerial, and financial capabilities to determine if they are adequate to meet the requirements of the bid solicitation;
   5. correct any error in the extended pricing of bids by using unit pricing and any error in quantities in bids to reflect the quantities stated in the bid solicitation; in the case of error in the extension of prices, the unit price will govern;
   6. verify any information provided by bidders through independent research, use of any government resources or by contacting third parties;
   7. interview, at the sole costs of bidders, any bidder and/or any or all of the resources proposed by bidders to fulfill the requirement of the bid solicitation.
2. Bidders will have the number of days specified in the request by the Contracting Authority to comply with any request related to any of the above items. Failure to comply with the request may result in the bid being declared non-responsive.

15 (2022-09-01) Joint venture

1. A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to bid together on a requirement.
2. Bidders who bid as a joint venture using CanadaBuys (SAP Ariba) must create a CanadaBuys (SAP Ariba) Network account for that joint venture. The CanadaBuys (SAP Ariba) Network account must be created by the lead entity. Bidders who bid as a joint venture must register in CanadaBuys (SAP Ariba) under a separate account and a Supplier Profile Questionnaire must be completed which solely applies to the joint venture entity. The joint venture lead entity will be required to provide additional information during the solicitation process about its members.
3. If the information is not clearly provided in the bid, the Bidder must provide the information on request from the Contracting Authority.
4. The bid and any resulting contract must be agreed to by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Contracting Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the bid solicitation and any resulting contract. If a contract is awarded to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any resulting contract.

16 (2012-03-02) Conflict of interest – unfair advantage

1. In order to protect the integrity of the procurement process, bidders are advised that Canada may reject a bid in the following circumstances:
   1. if the Bidder, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
   2. if the Bidder, any of its subcontractors, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other bidders and that would, in Canada's opinion, give or appear to give the Bidder an unfair advantage.
2. The experience acquired by a bidder who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This bidder remains however subject to the criteria established above.
3. Where Canada intends to reject a bid under this section, the Contracting Authority will inform the Bidder and provide the Bidder an opportunity to make representations before making a final decision. Bidders who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a bid, the Bidder represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Bidder acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.

17 (2007-11-30) Entire requirement

The bid solicitation documents contain all the requirements relating to the bid solicitation. Any other information or documentation provided to or obtained by a bidder from any source are not relevant. Bidders should not assume that practices used under previous contracts will continue, unless they are described in the bid solicitation. Bidders should also not assume that their existing capabilities meet the requirements of the bid solicitation simply because they have met previous requirements.

18 (2022-09-01) Further information

For further information, bidders may contact the Contracting Authority identified in the bid solicitation through the “Event Messages” tab within CanadaBuys (SAP Ariba).

19 (2022-01-28) Code of Conduct for Procurement – bid

The Code of Conduct for Procurement provides that Bidders must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Bidder is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.

01 (2016-04-04) Integrity provisions—bid

1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Bidder must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
2. Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
3. In addition to all other information required in the bid solicitation, the Bidder must provide the following:
   1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
   2. with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
4. Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Bidder certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
   4. it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
   5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
   6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
5. Where a Bidder is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
6. Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Bidder provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Bidder to be ineligible for award of a contract for providing a false or misleading certification or declaration.

02 (2020-05-28) Procurement Business Number

Suppliers are required to have a Procurement Business Number (PBN) before contract award. Suppliers may register for a PBN online at Supplier Registration Information.

03 (2007-11-30) Standard instructions, clauses and conditions

Pursuant to the Department of Public Works and Government Services Act (S.C. 1996, c.16), the instructions, clauses and conditions identified in the bid solicitation and resulting contract by number, date, and title are incorporated by reference into and form part of the bid solicitation and resulting contract as though expressly set out in the bid solicitation and resulting contract.

04 (2007-11-30) Definition of Bidder

"Bidder" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting a bid to perform a contract for goods, services or both. It does not include the parent, subsidiaries or other affiliates of the Bidder, or its subcontractors.

05 (2010-10-07) Submission of a bid

1. Canada requires that each bid, at closing date and time or upon request from the Contracting Authority, be signed by the Bidder or by an authorized representative of the Bidder. If a bid is submitted by a joint venture, it must be in accordance with section 10.
2. The bid will be treated as confidential, subject to the provisions of the Access to Information Act (R.S., 1985, c. A-1) and the Privacy Act (R.S., 1985, c. P-21).

06 (2007-11-30) Legal capacity

The Bidder must have the legal capacity to contract. If the Bidder is a sole proprietorship, a partnership or a corporate body, the Bidder must provide, if requested by the Contracting Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to bidders submitting a bid as a joint venture.

07 (2014-09-25) Rejection of bid

1. Canada may reject a bid where any of the following circumstances is present:
   1. the Bidder is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Bidder ineligible to bid on the requirement;
   2. an employee, or subcontractor included as part of the bid, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to bid on the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of the bid;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or prior transactions with the Government of Canada
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Bidder, any of its employees or any subcontractor included as part of the bid;
      2. Canada determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
2. Where Canada intends to reject a bid pursuant to a provision of subsection 1. (f), the Contracting Authority will so inform the Bidder and provide the Bidder 10 days within which to make representations, before making a final decision on the bid rejection.

08 (2007-11-30) Price justification

The Bidder must provide, on Canada's request, one or more of the following price justification:

1. a current published price list indicating the percentage discount available to Canada; or
2. a copy of paid invoices for the like quality and quantity of the goods, services or both sold to other customers; or
3. a price breakdown showing the cost of direct labour, direct materials, purchased items, engineering and plant overheads, general and administrative overhead, transportation, etc., and profit; or
4. price or rate certifications; or
5. any other supporting documentation as requested by Canada.

09 (2007-11-30) Bid costs

No payment will be made for costs incurred in the preparation and submission of a bid in response to the bid solicitation. Costs associated with preparing and submitting a bid are the sole responsibility of the Bidder.

10 (2007-11-30) Joint venture

1. A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to bid together on a requirement. Bidders who bid as a joint venture must indicate clearly that it is a joint venture and provide the following information:
   1. the name of each member of the joint venture;
   2. the Procurement Business Number of each member of the joint venture;
   3. the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
   4. the name of the joint venture, if applicable.
2. If the information is not clearly provided in the bid, the Bidder must provide the information on request from the Contracting Authority.
3. The bid and any resulting contract must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Contracting Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the bid solicitation and any resulting contract. If a contract is awarded to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any resulting contract.

11 (2007-11-30) Further information

For further information, the Bidder may contact the Contracting Authority identified in the bid solicitation.

12 (2022-01-28) Code of Conduct for Procurement—bid

The Code of Conduct for Procurement provides that Bidders must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Bidder is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.

General information

One method of supply used by Public Works and Government Services Canada (PWGSC) to satisfy the requirements of departments and agencies is to arrange with suppliers to submit a standing offer to provide goods, services or both during a specified period. Specific departments and agencies are then authorized by PWGSC to make call-ups against the standing offer detailing the exact quantities of goods or level of services they wish to order at a particular time, during the effective period of the standing offer in accordance with the predetermined conditions.

The process normally starts with a Request for Standing Offers (RFSO) that suppliers may obtain through the Government Electronic Tendering Service (GETS). A RFSO is an invitation to suppliers to provide PWGSC with a standing offer. The quantity of goods, level of services and estimated expenditure specified in the RFSO are only an approximation of requirements given in good faith. A RFSO does not commit PWGSC to authorize the utilization of a standing offer or to procure or contract for any goods, services or both. A standing offer is not a contract. The issuance by PWGSC of a Standing Offer and Call-up Authority to successful suppliers and to departments and agencies authorized to make call-ups does not constitute an agreement by Canada to order any or all of the goods, services or both offered. Departments and agencies may make one or several call-ups against a standing offer.

01 (2016-04-04) Integrity Provisions—offer

1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the Request for Standing Offers (RFSO) is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the RFSO. The Offeror must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
2. Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to be issued or is suspended from being issued a standing offer and to enter into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC's Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
3. In addition to all other information required in the Request for Standing Offers, the Offeror must provide the following:
   1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
   2. with its offer, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
4. Subject to subsection 5, by submitting an offer in response to this Request for Standing Offers, the Offeror certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Offeror or a third party for purposes of making a determination of ineligibility or suspension;
   4. it has provided with its offer a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
   5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
   6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
5. Where an Offeror is unable to provide any of the certifications required by subsection 4, it must submit with its offer a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
6. Canada will declare non-responsive any offer in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after issuance of the Standing Offer that the Offeror provided a false or misleading certification or declaration, Canada may set aside the Standing Offer and terminate for default any resulting contracts. Pursuant to the Policy, Canada may also determine the Offeror to be ineligible for issuance of a standing offer for providing a false or misleading certification or declaration.

02 (2020-05-28) Procurement Business Number

Suppliers are required to have a Procurement Business Number (PBN) before issuance of a standing offer. Suppliers may register for a PBN on line at Supplier Registration Information.

03 (2008-05-12) Standard instructions, clauses and conditions

Pursuant to the Department of Public Works and Government Services Act ( S.C. 1996, c. 16), the instructions, clauses and conditions identified in the RFSO, standing offer and resulting contract(s) by number, date and title are incorporated by reference into and form part of the RFSO, standing offer and resulting contract(s) as though expressly set out in the RFSO, the standing offer and the resulting contract(s).

04 (2008-12-12) Definition of Offeror

"Offeror" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting an offer to provide goods, services or both under a call-up resulting from a standing offer. It does not include the parent, subsidiaries or other affiliates of the Offeror, or its subcontractors.

05 (2018-05-22) Submission of offers

1. Canada requires that each offer, at RFSO closing date and time or upon request from the Standing Offer Authority, be signed by the Offeror or by an authorized representative of the Offeror. If an offer is submitted by a joint venture, it must be in accordance with section 17.
2. It is the Offeror's responsibility to:
   1. obtain clarification of the requirements contained in the RFSO, if necessary, before submitting an offer;
   2. prepare its offer in accordance with the instructions contained in the RFSO;
   3. submit by the RFSO closing date and time a complete offer;
   4. send its offer only to the specified Bid Receiving Unit of Public Works and Government Services Canada (PWGSC) specified in the RFSO or, to the address specified in the RFSO, as applicable;
   5. ensure that the Offeror's name, return address, RFSO number, and RFSO closing date and time are clearly visible on the offer; and,
   6. provide a comprehensible and sufficiently detailed offer, including all requested pricing details, that will permit a complete evaluation in accordance with the criteria set out in the RFSO.
3. Canada will make available Notices of Proposed Procurement (NPP), RFSO's and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, RFSO or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Offeror to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Offeror's part nor for notification services offered by a third party.
4. Offers will remain open for acceptance for a period of not less than 60 days from the closing date of the RFSO, unless specified otherwise in the RFSO. Canada reserves the right to seek an extension of the offer validity period from all responsive offerors in writing, within a minimum of 3 days before the end of the offer validity period. If the extension is accepted by all responsive offerors, Canada will continue with the evaluation of the offers. If the extension is not accepted by all responsive offerors, Canada will, at its sole discretion, either continue with the evaluation of the offers of those who have accepted the extension or cancel the RFSO.
5. Offers and supporting information may be submitted in either English or French.
6. Offers received on or before the stipulated RFSO closing date and time will become the property of Canada and will not be returned. All offers will be treated as confidential, subject to the provisions of the Access to Information Act ( R.S., 1985, c. A-1) and the Privacy Act ( R.S., 1985, c. P-21).
7. Unless specified otherwise in the RFSO, Canada will evaluate only the documentation provided with an offeror's offer. Canada will not evaluate information such as references to Web site addresses where additional information can be found, or technical manuals or brochures not submitted with the offer.
8. An offer cannot be assigned or transferred in whole or in part.

06 (2022-03-29) Late offers

PWGSC will return or delete offers delivered after the stipulated RFSO closing date and time, unless they qualify as a delayed offer as described in section 07.

For late offers submitted using means other than the Canada Post Corporation's Connect service, the physical offer will be returned.

For offers submitted electronically, the late offers will be deleted. As an example, offers submitted using Canada Post Corporation's Connect service, conversations initiated by the Bid Receiving Unit via the CPC Connect service pertaining to a late offer will be deleted. Records will be kept documenting the transaction history of all late offers submitted using CPC Connect service.

07 (2022-03-29) Delayed offers

1. An offer delivered to the specified Bid Receiving Unit after the RFSO closing date and time but before the standing offer issuance date may be considered, provided the offeror can prove the delay is due solely to a delay in delivery that can be attributed to the Canada Post Corporation (CPC) (or national equivalent of a foreign country). Private courier (Purolator Inc., Fedex Inc., etc.) is not considered to be part of CPC for the purposes of delayed offers.
   1. The only pieces of evidence relating to a delay in the CPC system that are acceptable to PWGSC are:
      1. a CPC cancellation date stamp;
      2. a CPC Priority Courier bill of lading;
      3. a CPC Xpresspost label;

      that clearly indicates that the offer was sent before the RFSO closing date.

   2. The only piece of evidence relating to a delay in the CPC Connect service provided by CPC system that is acceptable to PWGSC is a CPC Connect service date and time record indicated in the CPC Connect conversation history that clearly indicates that the offer was sent before the RFSO closing date and time.
2. Misrouting, traffic volume, weather disturbances, labour disputes or any other causes for the late delivery of offers are not acceptable reasons for the offer to be accepted by PWGSC.
3. Postage meter imprints, whether imprinted by the Offeror, the CPC or the postal authority outside Canada, are not acceptable as proof of timely mailing.

08 (2023-06-08) Transmission by facsimile or by Canada Post Corporation's (CPC) Connect service

1. Facsimile
   1. Unless specified otherwise in the RFSO, offers may be submitted by facsimile.
      1. PWGSC, National Capital Region: The only acceptable facsimile number for responses to RFSOs issued by PWGSC headquarters is 819-997-9776 or, if applicable, the facsimile number identified in the RFSO.
      2. PWGSC regional offices: The facsimile number for responses to RFSOs issued by PWGSC regional offices is identified in the RFSO.
   2. For offers transmitted by facsimile, Canada will not be responsible for any failure attributable to the transmission or receipt of the faxed offer including, but not limited to, the following:
      1. receipt of garbled, corrupted or incomplete offer;
      2. availability or condition of the receiving facsimile equipment;
      3. incompatibility between the sending and receiving equipment;
      4. delay in transmission or receipt of the offer;
      5. failure of the Offeror to properly identify the offer;
      6. illegibility of the offer; or
      7. security of offer data.
   3. An offer transmitted by facsimile will constitute the formal offer of the Offeror and must be submitted in accordance with section 05.
2. Canada Post Corporation's (CPC) Connect service
   1. Unless specified otherwise in the RFSO, offers may be submitted by using the Connect service provided by Canada Post Corporation.
      1. PWGSC, National Capital Region: The only acceptable email address to use with CPC Connect for responses to RFSOs issued by PWGSC headquarters is: tpsgc.pareceptiondessoumissions-apbidreceiving.pwgsc@tpsgc-pwgsc.gc.ca, or if applicable, the email address identified in the RFSO.
      2. PWGSC regional offices: The only acceptable email address to use with CPC Connect for responses to RFSOs issued by PWGSC regional offices is identified in the RFSO.
   2. To submit an offer using CPC Connect service, the Offeror must either:
      1. send directly its offer only to the specified PWGSC Bid Receiving Unit using its own licensing agreement for CPC Connect provided by Canada Post Corporation; or
      2. send as early as possible, and in any case, at least six business days prior to the RFSO closing date and time, (in order to ensure a response), an email that includes the RFSO number to the specified PWGSC Bid Receiving Unit requesting to open a CPC Connect conversation. Requests to open a CPC Connect conversation received after that time may not be answered.
   3. If the Offeror sends an email requesting CPC Connect service to the specified Bid Receiving Unit in the RFSO, an officer of the Bid Receiving Unit will then initiate a CPC Connect conversation. The CPC Connect conversation will create an email notification from Canada Post Corporation prompting the Offeror to access and action the message within the conversation. The Offeror will then be able to transmit its offer afterward at any time prior to the RFSO closing date and time.
   4. If the Offeror is using its own licensing agreement to send its offer, the Offeror must keep the CPC Connect conversation open until at least 30 business days after the RFSO closing date and time.
   5. The RFSO number should be identified in the CPC Connect message field of all electronic transfers.
   6. It should be noted that the use of CPC Connect service requires a Canadian mailing address. Should an offeror not have a Canadian mailing address, they may use the Bid Receiving Unit address specified in the RFSO in order to register for the CPC Connect service.
   7. For offers transmitted by CPC Connect service, Canada will not be responsible for any failure attributable to the transmission or receipt of the offer including, but not limited to, the following:
      1. receipt of a garbled, corrupted or incomplete offer;
      2. availability or condition of the CPC Connect service;
      3. incompatibility between the sending and receiving equipment;
      4. delay in transmission or receipt of the offer;
      5. failure of the Offeror to properly identify the offer;
      6. illegibility of the offer;
      7. security of offer data; or,
      8. inability to create an electronic conversation through the CPC Connect service.
   8. The Bid Receiving Unit will send an acknowledgement of the receipt of offer document(s) via the CPC Connect conversation, regardless of whether the conversation was initiated by the supplier using its own license or the Bid Receiving Unit. This acknowledgement will confirm only the receipt of offer document(s) and will not confirm if the attachments may be opened nor if the content is readable.
   9. Offerors must ensure that that they are using the correct email address for the Bid Receiving Unit when initiating a conversation in CPC Connect or communicating with the Bid Receiving Unit and should not rely on the accuracy of copying and pasting the email address into the CPC Connect system.
   10. An offer transmitted by CPC Connect service constitutes the formal offer of the Offeror and must be submitted in accordance with section 05.

09 (2010-10-07) Customs clearance

It is the responsibility of the Offeror to allow sufficient time to obtain Customs clearance, where required, before the RFSO closing date and time. Delays related to the obtaining of Customs clearance cannot be construed as "undue delay in the mail" and will not be accepted as a delayed offer under section 07.

10 (2007-05-25) Legal capacity

The Offeror must have the legal capacity to contract. If the Offeror is a sole proprietorship, a partnership or a corporate body, the Offeror must provide, if requested by the Standing Offer Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to offerors submitting an offer as a joint venture.

11 (2007-11-30) Rights of Canada

Canada reserves the right to:

1. reject any or all offers received in response to the RFSO;
2. enter into negotiations with offerors on any or all aspects of their offers;
3. authorize for utilization any offer in whole or in part without negotiations;
4. cancel the RFSO at any time;
5. reissue the RFSO;
6. if no responsive offers are received and the requirement is not substantially modified, reissue the RFSO by inviting only the offerors who submitted an offer to resubmit offers within a period designated by Canada; and,
7. negotiate with the sole responsive offeror to ensure best value to Canada.

12 (2014-09-25) Rejection of offer

1. Canada may reject an offer where any of the following circumstances is present:
   1. the Offeror is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Offeror ineligible to submit an offer for the requirement;
   2. an employee, or subcontractor included as part of the offer, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to submit an offer for the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Offeror is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Offeror, any of its employees or any subcontractor included as part of the offer;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Offeror, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or prior transactions with the Government of Canada:
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Offeror, any of its employees or any subcontractor included as part of the offer;
      2. Canada determines that the Offeror's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Offeror performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
2. Where Canada intends to reject an offer pursuant to a provision of subsection 1. (f), the Standing Offer Authority will so inform the Offeror and provide the Offeror 10 days within which to make representations, before making a final decision on the offer rejection.
3. Canada reserves the right to apply additional scrutiny, in particular, when multiple offers are received in response to a request for standing offers from a single offeror or a joint venture. Canada reserves the right to:
   1. reject any or all of the offers submitted by a single offeror or joint venture if their inclusion in the evaluation has the effect of prejudicing the integrity and fairness of the process, or;
   2. reject any or all of the offers submitted by a single offeror or joint venture if their inclusion in the procurement process would distort the solicitation evaluation, and would cause a result that would not reasonably have been expected under prevailing market conditions and/or would not provide good value to Canada.

13 (2014-03-01) Communications—solicitation period

To ensure the integrity of the competitive RFSO process, enquiries and other communications regarding the RFSO must be directed only to the Standing Offer Authority identified in the RFSO. Failure to comply with this requirement may result in the offer being declared non-responsive.

To ensure consistency and quality of information provided to offerors, significant enquiries received and their replies will be posted on the Government Electronic Tendering Service (GETS). For further information, refer to subsection 3 of the Submission of offers section.

14 (2007-11-30) Price justification

In the event that the Offeror's offer is the sole responsive offer received, the Offeror must provide, on Canada's request, one or more of the following price justification:

1. a current published price list indicating the percentage discount available to Canada; or
2. a copy of paid invoices for the like quality and quantity of the goods, services or both sold to other customers; or
3. a price breakdown showing the cost of direct labour, direct materials, purchased items, engineering and plant overheads, general and administrative overhead, transportation, etc., and profit; or
4. price or rate certifications; or
5. any other supporting documentation as requested by Canada.

15 (2007-05-25) Offer costs

No payment will be made for costs incurred in the preparation and submission of an offer in response to the RFSO. Costs associated with preparing and submitting an offer, as well as any costs incurred by the Offeror associated with the evaluation of the offer, are the sole responsibility of the Offeror.

16 (2008-12-12) Conduct of evaluation

1. In conducting its evaluation of the offers, Canada may, but will have no obligation to, do the following:
   1. seek clarification or verification from offerors regarding any or all information provided by them with respect to the RFSO;
   2. contact any or all references supplied by offerors to verify and validate any information submitted by them;
   3. request, before issuance of any standing offer, specific information with respect to offerors' legal status;
   4. conduct a survey of offerors' facilities and/or examine their technical, managerial, and financial capabilities to determine if they are adequate to meet the requirements of the RFSO;
   5. correct any error in the extended pricing of offers by using unit pricing and any error in quantities in offers to reflect the quantities stated in the RFSO; in the case of error in the extension of prices, the unit price will govern.
   6. verify any information provided by offerors through independent research, use of any government resources or by contacting third parties;
   7. interview, at the sole costs of offerors, any offeror and/or any or all of the resources proposed by offerors to fulfill the requirement of the RFSO.
2. Offerors will have the number of days specified in the request by the Standing Offer Authority to comply with any request related to any of the above items. Failure to comply with the request may result in the offer being declared non-responsive.

17 (2022-12-01) Joint venture

1. A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to submit an offer together on a requirement. Offerors who submit an offer as a joint venture must indicate clearly that it is a joint venture and provide the following information:
   1. the name of each member of the joint venture;
   2. the Procurement Business Number of each member of the joint venture;
   3. the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
   4. the name of the joint venture, if applicable.
2. If the information is not clearly provided in the offer, the Offeror must provide the information on request from the Standing Offer Authority.
3. The offer and any resulting standing offer must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Standing Offer Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the RFSO and any resulting standing offer. If a standing offer is issued to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any contract resulting from a call-up against the standing offer.

18 (2012-03-02) Conflict of interest—unfair advantage

1. In order to protect the integrity of the procurement process, offerors are advised that Canada may reject an offer in the following circumstances:
   1. if the Offeror, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the RFSO or in any situation of conflict of interest or appearance of conflict of interest;
   2. if the Offeror, any of its subcontractors, any of their respective employees or former employees had access to information related to the RFSO that was not available to other offerors and that would, in Canada's opinion, give or appear to give the Offeror an unfair advantage.
2. The experience acquired by an offeror who is providing or has provided the goods and services described in the RFSO (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This offeror remains however subject to the criteria established above.
3. Where Canada intends to reject an offer under this section, the Standing Offer Authority will inform the Offeror and provide the Offeror an opportunity to make representations before making a final decision. Offerors who are in doubt about a particular situation should contact the Standing Offer Authority before the RFSO closing. By submitting an offer, the Offeror represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Offeror acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.

19 (2008-12-12) Entire requirement

The RFSO contains all the requirements relating to the request for offers. Any other information or documentation provided to or obtained by an offeror from any source are not relevant. Offerors should not assume that practices used under previous contracts will continue, unless they are described in the RFSO. Offerors should also not assume that their existing capabilities meet the requirements of the RFSO simply because they have met previous requirements.

20 (2017-04-27) Further information

1. For further information, offerors may contact the Standing Offer Authority identified in the RFSO.
2. For RFSOs issued out of PWGSC headquarters, enquiries concerning receipt of offers may be addressed to the Bid Receiving Unit, Procurement Operational Support Division, telephone 819-420-7200. For RFSOs issued out of PWGSC regional offices, enquiries concerning receipt of offers may be addressed to the Standing Offer Authority identified in the RFSO.

21 (2022-01-28) Code of Conduct for Procurement—offer

The Code of Conduct for Procurement provides that Offerors must respond to Requests for Standing Offers (RFSO) in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the RFSO and resulting contract, submit offers and enter into contracts only if they will fulfill all obligations of the Contract. By submitting an offer, the Offeror is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement, may render the offer non-responsive.

General information

One method of supply used by Public Works and Government Services Canada (PWGSC) to satisfy the requirements of departments and agencies is to arrange with suppliers to submit a standing offer to provide goods, services or both during a specified period. Specific departments and agencies are then authorized by PWGSC to make call-ups against the standing offer detailing the exact quantities of goods or level of services they wish to order at a particular time, during the effective period of the standing offer in accordance with the predetermined conditions.

The quantity of goods, level of services and estimated expenditure specified in a Request for Standing Offer (RFSO) are only an approximation of requirements given in good faith. A RFSO does not commit PWGSC to authorize the utilization of a standing offer or to procure or contract for any goods, services or both. A standing offer is not a contract. The issuance by PWGSC of a Standing Offer and Call-up Authority to successful suppliers and to departments and agencies authorized to make call-ups does not constitute an agreement by Canada to order any or all of the goods, services or both offered. Departments and agencies may make one or several call-ups against a standing offer.

01 (2016-04-04) Integrity provisions—offer

1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the Request for Standing Offers (RFSO) is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the RFSO. The Offeror must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
2. Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to be issued or is suspended from being issued a standing offer and to enter into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
3. In addition to all other information required in the Request for Standing Offers, the Offeror must provide the following:
   1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
   2. with its offer, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
4. Subject to subsection 5, by submitting an offer in response to this Request for Standing Offers, the Offeror certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Offeror or a third party for purposes of making a determination of ineligibility or suspension;
   4. it has provided with its offer a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
   5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
   6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
5. Where an Offeror is unable to provide any of the certifications required by subsection 4, it must submit with its offer a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
6. Canada will declare non-responsive any offer in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after issuance of the Standing Offer that the Offeror provided a false or misleading certification or declaration, Canada may set aside the Standing Offer and terminate for default any resulting contracts. Pursuant to the Policy, Canada may also determine the Offeror to be ineligible for issuance of a standing offer for providing a false or misleading certification or declaration.

02 (2020-05-28) Procurement Business Number

Suppliers are required to have a Procurement Business Number (PBN) before issuance of a standing offer. Suppliers may register for a PBN on line at Supplier Registration Information.

03 (2013-01-28) Standard instructions, clauses and conditions

Pursuant to the Department of Public Works and Government Services Act (S.C. 1996, c. 16), the instructions, clauses and conditions identified in the RFSO, standing offer and resulting contract(s) by number, date and title are incorporated by reference into and form part of the RFSO, standing offer and resulting contract(s) as though expressly set out in the RFSO, the standing offer and the resulting contract(s).

04 (2007-11-30) Definition of Offeror

"Offeror" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting an offer to provide goods, services or both under a call-up resulting from a standing offer. It does not include the parent, subsidiaries or other affiliates of the Offeror, or its subcontractors.

05 (2010-10-07) Submission of an offer

1. Canada requires that each offer, at closing date and time or upon request from the Standing Offer Authority, be signed by the Offeror or by an authorized representative of the Offeror. If an offer is submitted by a joint venture, it must be in accordance with section 10.
2. The offer will be treated as confidential, subject to the provisions of the Access to Information Act (R.S., 1985, c. A-1), and the Privacy Act (R.S., 1985, c. P-21).

06 (2007-11-30) Legal capacity

The Offeror must have the legal capacity to contract. If the Offeror is a sole proprietorship, a partnership or a corporate body, the Offeror must provide, if requested by the Standing Offer Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to offerors submitting an offer as a joint venture.

07 (2014-09-25) Rejection of offer

1. Canada may reject an offer where any of the following circumstances is present:
   1. the Offeror is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Offeror ineligible to submit an offer for the requirement;
   2. an employee, or subcontractor included as part of the offer, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to submit an offer for the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Offeror is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Offeror, any of its employees or any subcontractor included as part of the offer;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Offeror, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or prior transactions with the Government of Canada:
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Offeror, any of its employees or any subcontractor included as part of the offer;
      2. Canada determines that the Offeror's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Offeror performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
2. Where Canada intends to reject an offer pursuant to a provision of subsection 1. (f), the Standing Offer Authority will so inform the Offeror and provide the Offeror 10 days within which to make representations, before making a final decision on the offer rejection.

08 (2007-11-30) Price justification

The Offeror must provide, on Canada's request, one or more of the following price justifications:

1. a current published price list indicating the percentage discount available to Canada; or
2. a copy of paid invoices for the like quality and quantity of the goods, services or both sold to other customers; or
3. a price breakdown showing the cost of direct labour, direct materials, purchased items, engineering and plant overheads, general and administrative overhead, transportation, etc., and profit; or
4. price or rate certifications; or
5. any other supporting documentation as requested by Canada.

09 (2007-11-30) Offer costs

No payment will be made for costs incurred in the preparation and submission of an offer in response to the RFSO. Costs associated with preparing and submitting an offer are the sole responsibility of the Offeror.

10 (2007-11-30) Joint venture

1. A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to submit an offer together on a requirement. Offerors who submit an offer as a joint venture must indicate clearly that it is a joint venture and provide the following information:
   1. the name of each member of the joint venture;
   2. the Procurement Business Number of each member of the joint venture;
   3. the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
   4. the name of the joint venture, if applicable.
2. If the information is not clearly provided in the offer, the Offeror must provide the information on request from the Standing Offer Authority.
3. The offer and any resulting standing offer must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Standing Offer Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the RFSO and any resulting standing offer. If a standing offer is issued to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any contract resulting from a call-up against the standing offer.

11 (2007-11-30) Further information

For further information, the Offeror may contact the Standing Offer Authority identified in the RFSO.

12 (2022-01-28) Code of Conduct for Procurement—offer

The Code of Conduct for Procurement provides that Offerors must respond to Requests for Standing Offers (RFSO) in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the RFSO and resulting contract, submit offers and enter into contracts only if they will fulfill all obligations of the Contract. By submitting an offer, the Offeror is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement, may render the offer non-responsive.

General information

A supply arrangement is a method of supply used by Public Works and Government Services Canada (PWGSC) to procure goods and services. A supply arrangement is an arrangement between Canada and pre-qualified suppliers that allows identified users to solicit bids from a pool of pre-qualified suppliers for specific requirements within the scope of a supply arrangement. A supply arrangement is not a contract for the provision of the goods and services described in it and neither party is legally bound as a result of signing a supply arrangement alone. The intent of a supply arrangement is to establish a framework to permit expeditious processing of individual bid solicitations which result in legally binding contracts for the goods and services described in those bid solicitations.

Except for those procurements where public advertising is not required or used, Requests for Supply Arrangements (RFSA) are posted on the Government Electronic Tendering Service (GETS) and suppliers who are interested in responding to individual bid solicitations issued under a supply arrangement framework are invited to submit an arrangement to become pre-qualified suppliers. The list of pre-qualified suppliers will be used as a source list for procurement within the scope of the supply arrangement and only suppliers who are pre-qualified at the time individual bid solicitations are issued will be eligible to bid. Supply arrangements include a set of predetermined conditions that will apply to subsequent bid solicitations and contracts. Supply arrangements may include ceiling prices which may be lowered based on an actual requirement or scope of work described in a bid solicitation.

01 (2016-04-04) Integrity provisions—arrangement

1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the Request for Supply Arrangements (RFSA) is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the RFSA. The Supplier must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
2. Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to be issued or is suspended from being issued a supply arrangement and to enter into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
3. In addition to all other information required in the Request for Supply Arrangements, the Supplier must provide the following:
   1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
   2. with its arrangement, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
4. Subject to subsection 5, by submitting an arrangement in response to this Request for Supply Arrangements, the Supplier certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Supplier or a third party for purposes of making a determination of ineligibility or suspension;
   4. it has provided with its arrangement a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
   5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
   6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
5. Where a Supplier is unable to provide any of the certifications required by subsection 4, it must submit with its arrangement a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
6. Canada will declare non-responsive any arrangement in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after issuance of the Supply Arrangement (SA) that the Supplier provided a false or misleading certification or declaration, Canada may cancel the SA and terminate for default any resulting contracts. Pursuant to the Policy, Canada may also determine the Supplier to be ineligible for issuance of a supply arrangement for providing a false or misleading certification or declaration.

02 (2020-05-28) Procurement Business Number

Suppliers are required to have a Procurement Business Number (PBN) before issuance of a supply arrangement. Suppliers may register for a PBN on line at Supplier Registration Information.

03 (2008-05-12) Standard instructions, clauses and conditions

Pursuant to the Department of Public Works and Government Services Act (S.C. 1996, c. 16), the instructions, clauses and conditions identified in the RFSA and resulting supply arrangement by number, date and title are incorporated by reference into and form part of the RFSA and resulting supply arrangement as though expressly set out in the RFSA and resulting supply arrangement.

04 (2008-12-12) Definition of Supplier

"Supplier" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting an arrangement. It does not include the parent, subsidiaries or other affiliates of the Supplier, or its subcontractors.

05 (2018-05-22) Submission of arrangements

1. Canada requires that each arrangement, at RFSA closing date and time or upon request from the Supply Arrangement Authority, be signed by the Supplier or by an authorized representative of the Supplier. If an arrangement is submitted by a joint venture, it must be in accordance with section 16.
2. It is the Supplier's responsibility to:
   1. obtain clarification of the requirements contained in the RFSA, if necessary, before submitting an arrangement;
   2. prepare the arrangement in accordance with the instructions contained in the RFSA;
   3. submit by the RFSA closing date and time a complete arrangement;
   4. send its arrangement only to the specified Bid Receiving Unit of Public Works and Government Services Canada (PWGSC) specified in the RFSA or, to the address specified in the RFSA, as applicable;
   5. ensure that the Supplier's name, return address, RFSA number, and RFSA closing date and time are clearly visible on the arrangement; and,
   6. provide a comprehensible and sufficiently detailed arrangement, including all requested pricing details, that will permit a complete evaluation in accordance with the criteria set out in the RFSA.
3. Canada will make available Notices of Proposed Procurement (NPP), RFSA's and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, RFSA or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Supplier to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Supplier's part nor for notification services offered by a third party.
4. Arrangements will remain open for acceptance for a period of not less than 60 days from the closing date of the RFSA, unless specified otherwise in the RFSA. Canada reserves the right to seek an extension of the arrangement validity period from all responsive suppliers in writing, within a minimum of 3 days before the end of the arrangement validity period. If the extension is accepted by all responsive suppliers, Canada will continue with the evaluation of the arrangements. If the extension is not accepted by all responsive suppliers, Canada will, at its sole discretion, either continue with the evaluation of the arrangements of those who have accepted the extension or cancel the RFSA.
5. Arrangements and supporting information may be submitted in either English or French.
6. Arrangements received on or before the stipulated RFSA closing date and time will become the property of Canada and will not be returned. All arrangements will be treated as confidential, subject to the provisions of the Access to Information Act (R.S., 1985, c. A-1), and the Privacy Act (R.S., 1985, c. P-21).
7. Unless specified otherwise in the RFSA, Canada will evaluate only the documentation provided with the arrangement. Canada will not evaluate information such as references to Web site addresses where additional information can be found, or technical manuals or brochures not submitted with the arrangement.
8. An arrangement cannot be assigned or transferred in whole or in part.

06 (2022-03-29) Late arrangements

PWGSC will return or delete arrangements delivered after the stipulated RFSA closing date and time, unless they qualify as a delayed arrangement as described in section 07.

For late arrangements submitted using means other than the Canada Post Corporation's Connect service, the physical arrangement will be returned.

For arrangements submitted electronically, the late arrangements will be deleted. As an example, arrangements submitted using Canada Post Corporation's Connect service, conversations initiated by the Bid Receiving Unit via the CPC Connect service pertaining to a late arrangement will be deleted. Records will be kept documenting the transaction history of all late arrangements submitted using CPC Connect service.

07 (2022-03-29) Delayed arrangements

1. An arrangement delivered to the specified Bid Receiving Unit after the RFSA closing date and time but before the supply arrangement issuance date may be considered, provided the supplier can prove the delay is due solely to a delay in delivery that can be attributed to the Canada Post Corporation (CPC) (or national equivalent of a foreign country). Private courier (Purolator Inc., Fedex Inc., etc.) is not considered to be part of CPC for the purposes of delayed arrangements.
   1. The only pieces of evidence relating to a delay in the CPC system that are acceptable to PWGSC are:
      1. a CPC cancellation date stamp;
      2. a CPC Priority Courier bill of lading;
      3. a CPC Xpresspost label;

      that clearly indicates that the arrangement was sent before the RFSA closing date.

   2. The only piece of evidence relating to a delay in the CPC Connect service provided by CPC system that is acceptable to PWGSC is a CPC Connect service date and time record indicated in the CPC Connect conversation history that clearly indicates that the arrangement was sent before the RFSA closing date and time.
2. Misrouting, traffic volume, weather disturbances, labour disputes or any other causes for the late delivery of arrangements are not acceptable reasons for the arrangement to be accepted by PWGSC.
3. Postage meter imprints, whether imprinted by the Supplier, the CPC or the postal authority outside Canada, are not acceptable as proof of timely mailing.

08 (2023-06-08) Transmission by facsimile or by Canada Post Corporation’s (CPC) Connect service

1. Facsimile
   1. Unless specified otherwise in the RFSA, arrangements may be submitted by facsimile.
      1. PWGSC, National Capital Region: The only acceptable facsimile number for responses to RFSAs issued by PWGSC headquarters is 819-997-9776 or, if applicable, the facsimile number identified in the RFSA.
      2. PWGSC regional offices: The facsimile number for responses to RFSAs issued by PWGSC regional offices is identified in the RFSA.
   2. For arrangements transmitted by facsimile, Canada will not be responsible for any failure attributable to the transmission or receipt of the faxed arrangement including, but not limited to, the following:
      1. receipt of garbled, corrupted or incomplete arrangement;
      2. availability or condition of the receiving facsimile equipment;
      3. incompatibility between the sending and receiving equipment;
      4. delay in transmission or receipt of the arrangement;
      5. failure of the Supplier to properly identify the arrangement;
      6. illegibility of the arrangement; or
      7. security of arrangement data.
   3. An arrangement transmitted by facsimile will constitute the formal arrangement of the Supplier and must be submitted in accordance with section 05.
2. Canada Post Corporation’s (CPC) Connect service
   1. Unless specified otherwise in the RFSA, arrangements may be submitted by using the Connect service provided by Canada Post Corporation.
      1. PWGSC, National Capital Region: The only acceptable email address to use with CPC Connect for responses to RFSAs issued by PWGSC headquarters is: tpsgc.pareceptiondessoumissions-apbidreceiving.pwgsc@tpsgc-pwgsc.gc.ca, or if applicable, the email address identified in the RFSA.
      2. PWGSC regional offices: The only acceptable email address to use with CPC Connect for responses to RFSAs issued by PWGSC regional offices is identified in the RFSA.
   2. To submit an arrangement using CPC Connect service, the Supplier must either:
      1. send directly its arrangement only to specified PWGSC Bid Receiving Unit using its own licensing agreement for CPC Connect provided by Canada Post Corporation; or
      2. send as early as possible, and in any case, at least six business days prior to the RFSA closing date and time, (in order to ensure a response), an email that includes the RFSA number to the specified PWGSC Bid Receiving Unit requesting to open a CPC Connect conversation. Requests to open a CPC Connect conversation received after that time may not be answered.
   3. If the Supplier sends an email requesting CPC Connect service to the specified Bid Receiving Unit in the RFSA, an officer of the Bid Receiving Unit will then initiate a CPC Connect conversation. The CPC Connect conversation will create an email notification from Canada Post Corporation prompting the Supplier to access and action the message within the conversation. The Supplier will then be able to transmit its arrangement afterward at any time prior to the RFSA closing date and time.
   4. If the Supplier is using its own licensing agreement to send its arrangement, the Supplier must keep the CPC Connect conversation open until at least 30 business days after the RFSA closing date and time
   5. The RFSA number should be identified in the CPC Connect message field of all electronic transfers.
   6. It should be noted that the use of CPC Connect service requires a Canadian mailing address. Should a supplier not have a Canadian mailing address, they may use the Bid Receiving Unit address specified in the RFSA in order to register for the CPC Connect service.
   7. For arrangements transmitted by CPC Connect service, Canada will not be responsible for any failure attributable to the transmission or receipt of the arrangement including, but not limited to, the following:
      1. receipt of garbled, corrupted or incomplete arrangement;
      2. availability or condition of the CPC Connect service;
      3. incompatibility between the sending and receiving equipment;
      4. delay in transmission or receipt of the arrangement;
      5. failure of the Supplier to properly identify the arrangement;
      6. illegibility of the arrangement;
      7. security of arrangement data; or
      8. inability to create an electronic conversation through the CPC Connect service.
   8. The Bid Receiving Unit will send an acknowledgement of the receipt of arrangement document(s) via the CPC Connect conversation, regardless of whether the conversation was initiated by the supplier using its own license or the Bid Receiving Unit. This acknowledgement will confirm only the receipt of arrangement document(s) and will not confirm if the attachments may be opened nor if the content is readable.
   9. Suppliers must ensure that that they are using the correct email address for the Bid Receiving Unit when initiating a conversation in CPC Connect or communicating with the Bid Receiving Unit and should not rely on the accuracy of copying and pasting the email address into the CPC Connect system.
   10. An arrangement transmitted by CPC Connect service constitutes the formal arrangement of the Supplier and must be submitted in accordance with section 05.

09 (2010-10-07) Customs clearance

It is the responsibility of the Supplier to allow sufficient time to obtain Customs clearance, where required, before the RFSA closing date and time. Delays related to the obtaining of customs clearance cannot be construed as "undue delay in the mail" and will not be accepted as a delayed arrangement under section 07.

10 (2008-05-12) Legal capacity

The Supplier must have the legal capacity to contract. If the Supplier is a sole proprietorship, a partnership or a corporate body, the Supplier must provide, if requested by the Supply Arrangement Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to suppliers submitting an arrangement as a joint venture.

11 (2008-12-12) Rights of Canada

Canada reserves the right to:

1. reject any or all arrangements received in response to the RFSA;
2. cancel the RFSA at any time;
3. reissue the RFSA;
4. if no responsive arrangements are received and the requirement is not substantially modified, reissue the RFSA by inviting only the suppliers who submitted an arrangement to resubmit arrangements within a period designated by Canada; and
5. issue RFSAs and supply arrangements to suppliers who qualify throughout the entire period of the supply arrangement.

12 (2014-09-25) Rejection of arrangement

1. Canada may reject an arrangement where any of the following circumstances is present:
   1. the Supplier is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Supplier ineligible to submit an arrangement for the requirement;
   2. an employee, or subcontractor included as part of the arrangement, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to submit an arrangement for the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Supplier is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Supplier, any of its employees or any subcontractor included as part of the arrangement;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Supplier, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or previous transactions with the Government of Canada:
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Supplier, any of its employees or any subcontractor included as part of the arrangement;
      2. Canada determines that the Supplier's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Supplier performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of any requirement to be bid on.
2. Where Canada intends to reject an arrangement pursuant to a provision of subsection 1. (f), the Supply Arrangement Authority will so inform the Supplier and provide the Supplier 10 days within which to make representations, before making a final decision on the arrangement rejection.
3. Canada reserves the right to apply additional scrutiny, in particular, when multiple arrangements are received in response to a request for supply arrangements from a single supplier or a joint venture. Canada reserves the right to:
   1. reject any or all of the arrangements submitted by a single supplier or joint venture if their inclusion in the evaluation has the effect of prejudicing the integrity and fairness of the process, or;
   2. reject any or all of the arrangements submitted by a single supplier or joint venture if their inclusion in the procurement process would distort the solicitation evaluation, and would cause a result that would not reasonably have been expected under prevailing market conditions and/or would not provide good value to Canada.

13 (2014-03-01) Communications—solicitation period

To ensure the integrity of the competitive RFSA process, enquiries and other communications regarding the RFSA must be directed only to the Supply Arrangement Authority identified in the RFSA. Failure to comply with this requirement may result in the arrangement being declared non-responsive.

To ensure consistency and quality of information provided to suppliers, significant enquiries received and their replies will be posted on the Government Electronic Tendering Service (GETS). For further information, refer to subsection 3 of the submission of bids section.

14 (2008-05-12) Arrangement costs

No payment will be made for costs incurred in the preparation and submission of an arrangement in response to the RFSA. Costs associated with preparing and submitting an arrangement as well as any costs incurred by the Supplier associated with the evaluation of the arrangement, are the sole responsibility of the Supplier.

15 (2008-12-12) Conduct of evaluation

1. In conducting its evaluation of the arrangements, Canada may, but will have no obligation to, do the following:
   1. seek clarification or verification from suppliers regarding any or all information provided by them with respect to the RFSA;
   2. contact any or all references supplied by suppliers to verify and validate any information submitted by them;
   3. request, before issuance of any supply arrangement, specific information with respect to suppliers' legal status;
   4. conduct a survey of suppliers' facilities and/or examine their technical, managerial, and financial capabilities to determine if they are adequate to meet the requirements of the RFSA;
   5. verify any information provided by suppliers through independent research, use of any government resources or by contacting third parties;
   6. interview, at the sole costs of suppliers, any supplier and/or any or all of the resources proposed by suppliers to fulfill the requirement of the RFSA.
2. Suppliers will have the number of days specified in the request by the Supply Arrangement Authority to comply with any request related to any of the above items. Failure to comply with the request may result in the arrangement being declared non-responsive.

16 (2012-03-02) Joint venture

1. A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to submit an arrangement together on a requirement. Suppliers who submit an arrangement as a joint venture must indicate clearly that it is a joint venture and provide the following information:
   1. the name of each member of the joint venture;
   2. the Procurement Business Number of each member of the joint venture;
   3. the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
   4. the name of the joint venture, if applicable.
2. If the information is not clearly provided in the arrangement, the Supplier must provide the information on request from the Supply Arrangement Authority.
3. The arrangement must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Supply Arrangement Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the RFSA and any resulting supply arrangement.

17 (2012-03-02) Conflict of interest—unfair advantage

1. In order to protect the integrity of the procurement process, suppliers are advised that Canada may reject an arrangement in the following circumstances:
   1. if the Supplier, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the RFSA or in any situation of conflict of interest or appearance of conflict of interest;
   2. if the Supplier, any of its subcontractors, any of their respective employees or former employees had access to information related to the RFSA that was not available to other suppliers and that would, in Canada's opinion, give or appear to give the Supplier an unfair advantage.
2. The experience acquired by a supplier who is providing or has provided the goods and services described in the RFSA (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This supplier remains however subject to the criteria established above.
3. Where Canada intends to reject an arrangement under this section, the Supply Arrangement Authority will inform the Supplier and provide the Supplier an opportunity to make representations before making a final decision. Suppliers who are in doubt about a particular situation should contact the Supply Arrangement Authority before the RFSA closing date. By submitting an arrangement, the Supplier represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Supplier acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.

18 (2008-12-12) Entire requirement

The RFSA contains all the requirements relating to the request for arrangements. Any other information or documentation provided to or obtained by a supplier from any source are not relevant. Suppliers should not assume that practices used under previous contracts will continue, unless they are described in the RFSA. Suppliers should also not assume that their existing capabilities meet the requirements of the RFSA simply because they have met previous requirements.

19 (2017-04-27) Further information

1. For further information, suppliers may contact the Supply Arrangement Authority identified in the RFSA.
2. For RFSAs issued out of PWGSC headquarters, enquiries concerning receipt of arrangements may be addressed to the Bid Receiving Unit, Procurement Operational Support Division, telephone 819-420-7200. For RFSAs issued out of PWGSC regional offices, enquiries concerning receipt of offers may be addressed to the Supply Arrangement Authority identified in the RFSA.

20 (2022-01-28) Code of Conduct for Procurement—arrangement

The Code of Conduct for Procurement provides that Suppliers must respond to Requests for Supply Arrangements (RFSA) in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the RFSA and resulting supply arrangement, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting an arrangement, the Supplier is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement, may render the arrangement non-responsive.