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Archived - Standard Acquisition Clauses and Conditions Manual - K - General Conditions - Modifications


Version: 06-2023

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Table of contents

General Conditions - Modifications

K0000D

Effective Date
Item Status
ID
Title
2005-12-16CancelledK0000DARCHIVED Conditions

Remarks – Recommended Use of SACC Item

Use the following clause in bid solicitations and contracts in conjunction with 
clauses A0000C and A0000T, OR with M0000C, M0000T and M0100D, as appropriate.

Legal text for SACC item

[**Insert the date of the applicable general conditions and supplemental 
general conditions.  Delete those conditions that do not apply.**]

General conditions

1026A (_____), Supplies - Firm Price
1026B (_____), Supplies - Cost Reimbursement
1031-2 (_____), Contract Cost Principles
1034 (_____), Construction - Fixed Price and Unit Prices
2010 (_____), General Conditions - Goods or Services (Medium Complexity)
2029 (_____), General Conditions - Goods or Services (Low Dollar Value)
9601 (_____), General Conditions - Long Form
9624 (_____), General Conditions - Research & Development
9676 (_____), General Conditions - Services
CCC-50 (_____), Canadian Commercial Corporation
TRA-95 (_____), Translation

Supplemental general conditions

1028 (_____), Ship Construction - Firm Price
1029 (_____), Ship Repairs
1033 (_____), Shipbuilding - Cost Reimbursement
1036 (_____), Research and Development
9601-1 (_____), Hardware Purchase or Lease
9601-2 (_____), Software Development/Modification Services
9601-3 (_____), Systems Integration
9601-4 (_____), Licensed Software
9601-5 (_____), Support Services for Licensed Software
9601-6 (_____), Contractor to Own Intellectual Property Rights in 
Foreground Information
9601-7 (_____), Canada to Own Intellectual Property Rights in Foreground 
Information
LAB-180 (_____), Labour Conditions - Fair Wages and Hours of Labour 
LAB-180B (_____), Labour Conditions

2005-06-10SupersededK0000DARCHIVED Conditions
2004-05-14SupersededK0000DARCHIVED Conditions
2003-05-30SupersededK0000DARCHIVED Conditions
2001-05-25SupersededK0000DARCHIVED Conditions
2000-12-01SupersededK0000DARCHIVED Conditions
1999-06-21SupersededK0000DARCHIVED Conditions
1996-10-30SupersededK0000DARCHIVED Conditions
1994-01-04SupersededK0000DARCHIVED Conditions
1993-10-29SupersededK0000DARCHIVED Conditions

K0005C

Effective Date
Item Status
ID
Title
2004-12-10CancelledK0005CARCHIVED Supplemental General Conditions 1029

Remarks – Recommended Use of SACC Item

Use the following clause in degaussing contracts. 

Legal text for SACC item

Supplemental general conditions 1029 shall form part of this Contract, 
except:

1.     Delete paragraph (g) of Section 09 and substitute the following

       "9. (g)       Canada shall not be liable for any loss or damage to 
                     the vessel, the Work of any part thereof.  Canada 
                     shall not be liable for any injury, including injuries 
                     resulting in death, to any person(s).  Canada shall 
                     not be liable for damage to any property.  The 
                     Contractor shall indemnify and save harmless Canada 
                     against and from all loss, cost, damages, and expenses 
                     arising from claims for such loss, damages or injuries."

2.     Delete Section 10.


1991-06-01SupersededK0005CARCHIVED Supplemental General Conditions, DSS-MAS 1029

K0012C

Effective Date
Item Status
ID
Title
1995-03-31SupersededK0012CARCHIVED Order of Precedence

Remarks – Recommended Use of SACC Item

When used in a standing offer, contracting officers are to delete the reference 
to the "Contractor's offer" and insert "Offeror's offer".  This list should be 
amended according to each situation.  

Legal text for SACC item

1.     In the event of any conflict between the wording of one document and 
       the wording of any other document which appears on the list, the 
       wording of the document which first appears on the list shall 
       prevail over the wording of any document listed later:

       (a)    the written agreement between the parties
       (b)    General Conditions (insert title and number)
       (c)    ________
       (d)    ________

2.     Last - the Contractor's offer (DATE OF OFFER _____).

1991-06-01SupersededK0012CARCHIVED Priority of Documents

K0013C

Effective Date
Item Status
ID
Title
2023-06-08ActiveK0013CDisclosure Certification

Remarks – Recommended Use of SACC Item

Use the following clause in conjunction with general conditions 2040 or supplemental general conditions 4006 or 4007 , when the contractor must provide a certification of disclosure on completion of the work.

When used in conjunction with general conditions 2040 , insert: "section 28 of general conditions 2040 ".

When used in conjunction with supplemental general conditions 4006 or 4007 , insert: "section 02 of supplemental general conditions 4006 or 4007 ".

Legal text for SACC item

On completion of the Work, the Contractor must submit to the _________ (insert "Technical Authority" or "Project Authority") and to the Contracting Authority a copy of the Disclosure Certification attached as Annex "_____" (insert the applicable annex) stating that all applicable disclosures were submitted or that there were no disclosures to submit under ________ (insert applicable section).

2010-08-16SupersededK0013CARCHIVED Disclosure Certification
2008-05-12SupersededK0013CARCHIVED Disclosure Certification
2004-12-10SupersededK0013CARCHIVED Disclosure Certification
2004-05-14SupersededK0013CARCHIVED Disclosure Certification
1997-09-25SupersededK0013CARCHIVED Disclosure Certification
1994-01-04SupersededK0013CARCHIVED Disclosures Certification
1991-06-01SupersededK0013CARCHIVED Disclosures Certification

K0014C

Effective Date
Item Status
ID
Title
1991-06-01SupersededK0014CARCHIVED Disclosures Certification

Remarks – Recommended Use of SACC Item

Use the following clause in all Science contracts which incorporate General 
Conditions - Universities and Other Institutions, DSS-MAS 1053.

Legal text for SACC item

On completion of the Work under this Contract, the Contractor shall submit 
a certification to the Scientific Authority and the Science Contracting 
Officer stating that all applicable disclosures were submitted or that 
there were no disclosures to submit under section 7 of General Conditions - 
Universities and Other Institutions, DSS-MAS 1053.

A copy of a Disclosures Certification is attached as Annex "___."

K0015C

Effective Date
Item Status
ID
Title
1991-06-01CancelledK0015CARCHIVED General Conditions, DSS-MAS 1053

Remarks – Recommended Use of SACC Item

Use the following clause in all Science contracts awarded to Canadian 
universities, affiliated institutions and colleges, that cover "Research and 
Development" work. 

Legal text for SACC item

The terms and conditions of General Conditions DSS-MAS 1053, Universities 
and Other Institutions, with the following modifications, shall apply to 
and form part of this Contract.

Section 01, Interpretation, subsection 1. is hereby supplemented by adding 
the following paragraph:

       "Canada", "Crown", or "Her Majesty" mean Her Majesty the Queen in 
       right of Canada;

Section 05, Crown Property, subsection 3. is hereby amended by deleting the 
   words "fire or". 

K0016C

Effective Date
Item Status
ID
Title
1997-09-15CancelledK0016CARCHIVED Modifications to DSS-MAS 1053

Remarks – Recommended Use of SACC Item

The following clause may be used in contracts issued to Canadian universities, 
affiliated institutions and colleges when it is necessary to amend Section No. 
6, Publication Rights, subsection (3), of DSS-MAS 1053.

Legal text for SACC item

Section No. 6, Publication Rights, subsection (3), of the General 
Conditions forming part of this Contract is hereby deleted and the 
following substituted therefor:

(3)    (a)    Subject to the following conditions, the Contractor shall be 
              granted a royalty-free, non-exclusive right and licence to 
              publish and to have published during the course of normal 
              dissemination of the knowledge in the subject field, the 
              copyright work.

       (b)    During the performance of the Contract and for a period of 
              one (1) year from the submission by the Contractor of the 
              final report to the Technical Authority, the Contractor shall 
              submit to the Technical Authority, for review, all 
              manuscripts for publication in scientific journals or the 
              like, all abstracts of oral presentations, and other proposed 
              publication of the copyright work described in this Contract. 
              The Technical Authority shall complete the examination as 
              expeditiously as possible within two (2) months from its 
              receipt of the manuscript, abstract or other proposed release.

       (c)    If the Technical Authority determines that any manuscript, 
              abstract or other proposed release contains Department of 
              National Defence classified material emanating from that 
              Department, or material which is proprietary to Canada 
              pursuant to subsection 7(2) of General Conditions, DSS-MAS 
              1053, the Technical Authority shall have the right to require 
              the Contractor to redraft the relevant sections of the 
              manuscript, abstract or other proposed publication by 
              deleting such classified or proprietary material prior to its 
              release.


1991-06-01SupersededK0016CARCHIVED Modifications to DSS-MAS 1053

K0017C

Effective Date
Item Status
ID
Title
1999-06-21CancelledK0017CARCHIVED General Conditions, DSS-MAS 9624

Remarks – Recommended Use of SACC Item

Use the following clause in research and development contracts.

Legal text for SACC item

1.     General Conditions DSS-MAS 9624, Research and Development, with the 
       following modifications, shall apply to and form part of this 
       Contract.

2.     Section 07, Subcontracting, is hereby supplemented by adding the 
       following sentence to subsection 1.:

              "For work requiring consent, should the Contractor propose to 
              solicit bids from other than Canadian sources, the Contractor 
              shall obtain the written consent of the Minister prior to 
              solicitation."


1994-01-04SupersededK0017CARCHIVED General Conditions, DSS-MAS 9624
1991-06-01SupersededK0017CARCHIVED General Conditions, DSS-MAS 9224

K0018C

Effective Date
Item Status
ID
Title
1991-06-01CancelledK0018CARCHIVED General Conditions, DSS-MAS 9076

Remarks – Recommended Use of SACC Item

Use the following clause in all science-related contracts that cover 
commercially available services that do not include any research elements or 
would result in any new technology, invention or process being developed.  An 
example would be analytical laboratory services.

Legal text for SACC item

General Conditions - Services, DSS-MAS 9076, with the following 
modifications,shall apply to and form part of this Contract.  

Section 1 - Interpretation, in subsection (1) add the following paragraph:

       (h) "Canada", "Crown", or "Her Majesty" mean Her Majesty the Queen 
   in right of Canada. 

K0019C

Effective Date
Item Status
ID
Title
1991-06-01CancelledK0019CARCHIVED Taxes, Provincial Gallonage

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

PART B, CONDITIONS, OF THE STANDARD INSTRUCTIONS AND CONDITIONS, IS AMENDED 
TO INCLUDE THE FOLLOWING:

"PROVINCIAL GALLONAGE TAXES ON LIQUID FUELS ARE TO BE CHARGED IN BRITISH 
COLUMBIA"

IT IS THE RESPONSIBILITY OF THE SUPPLIER TO SHOW THE APPLICABLE TAX AS A 
   SEPARATE ITEM ON THE INVOICE(S) ISSUED AS A RESULT OF PERFORMANCE UNDER 
   CONTRACTS/STANDING OFFERS. 

K0020D

Effective Date
Item Status
ID
Title
1992-08-01CancelledK0020DARCHIVED Air Charter Conditions

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

Air Charter Conditions, a copy of which the Carrier hereby acknowledges to 
have received and read, shall form part of and be incorporated into the 
contract as if set out in full therein, and the rights and obligations of 
the Parties shall be interpreted in accordance with and governed by the 
said Air Charter Conditions. The Air Charter Conditions have been revised 
January 92. Copy attached.

1992-01-31SupersededK0020DARCHIVED Air Charter Conditions

K0021D

Effective Date
Item Status
ID
Title
1992-08-01SupersededK0021DARCHIVED Air Charter Conditions

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

Air Charter Conditions, a copy of which the Carrier hereby acknowledges to 
have received and read, shall form part of this Standing Offer and shall be 
incorporated into and form part of any and all authorized call-up(s) made 
against this Standing Offer, and the rights and obligations of the Parties 
shall be interpreted in accordance with and governed by the said Air 
Charter Conditions.  The Air Charter Conditions have been revised January 
92. Copy attached.

1992-01-31SupersededK0021DARCHIVED Air Charter Conditions

K0022C

Effective Date
Item Status
ID
Title
2015-02-25ActiveK0022CCancellation of Flights

Remarks – Recommended Use of SACC Item

Use the following clause in contracts for air charters when the contractor has submitted to Canada a cancellation policy acceptable to Canada.

Legal text for SACC item

Section 30 of general conditions 2035 is amended by adding the following subsection:

If the Contractor has submitted to Canada a cancellation policy that is acceptable to Canada, subsection 2 will not apply and the Contractor, as a result of a notice mentioned in subsection 1, will be paid cancellation cost in accordance with the provisions of the Contractor's cancellation policy.

2011-05-16SupersededK0022CARCHIVED Cancellation of Flights
2008-05-12SupersededK0022CARCHIVED Cancellation of Flights
2004-12-10SupersededK0022CARCHIVED Cancellation of Flights
1994-01-04SupersededK0022CARCHIVED Cancellation of Flights
1992-08-01SupersededK0022CARCHIVED Cancellation of Flights
1992-01-31SupersededK0022CARCHIVED Cancellation of Flights

K0023C

Effective Date
Item Status
ID
Title
2005-06-10CancelledK0023CARCHIVED Liability

Remarks – Recommended Use of SACC Item

Use the following clause if none of the general conditions 9601, 9624, 9676 and 
TRA-95 are being used, to make clear that Canada is only responsible for damage 
done to the Contractor or its employees if Canada caused that damage.

Legal text for SACC item

Without restricting the terms and conditions of the Contract, it is hereby 
understood and agreed that, except to the extent caused by or due to Canada, 
Canada shall not be liable for any losses, claims, damages, or expenses 
relating to any injury, disease, illness, disability or death of the 
Contractor or any employee, agent or representative of the Contractor 
caused or alleged to be caused as a result of performing the Contract.  The 
Contractor agrees to fully protect and indemnify Canada and not to make any 
claims or demands against Canada in respect of any of the foregoing 
contingencies.


2004-12-10SupersededK0023CARCHIVED Liability
2004-05-14SupersededK0023CARCHIVED Liability
1995-12-15SupersededK0023CARCHIVED Liability
1994-01-04SupersededK0023CARCHIVED Liability
1992-01-31SupersededK0023CARCHIVED Liability

K0023D

Effective Date
Item Status
ID
Title
1991-06-01SupersededK0023DARCHIVED Vessels in Commission - Gen. Cond.

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

(a)    This requirement is considered "defence supplies"; accordingly, the 
provisions of General Conditions, DSS-MAS 1026A, shall form part of the 
Contract.

(b)    In addition to General Conditions, DSS-MAS 1026A, Supplemental 
General Conditions, DSS-MAS 1029, Ship Repairs (exclusing section 9), will 
form part of the Contract.

(c)    Fire Fighting Equipment will be readily accessible and made 
available should a fire emergency arise, and adequate precautions will be 
taken when burning or welding is carried out in compartments or other 
confined areas of the vessel.

(d)    Responsibility for planning and scheduling of the work will rest 
with the Contractor, who may be required by the Contracting Authority to 
present periodic Production Schedules.

K0024D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK0024DARCHIVED Vessel Unmanned Refits

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

1.     This requirement is considered "defence supplies"; accordingly, the 
       provisions of general conditions 1026A shall form part of the 
       Contract.

2.     In addition to general conditions 1026A, supplemental general 
       conditions 1029 (excluding section 8 and paragraphs (c), (d), and (f) 
       of section 09), will form part of the Contract.

3.     Fire Fighting Equipment will be readily accessible and made 
       available should a fire emergency arise, and adequate precautions 
       will be taken when burning or welding is carried out in compartments 
       or other confined areas of the vessel.

4.     Responsibility for planning and scheduling of the work will rest 
       with the Contractor, who may be required by the Contracting 
       Authority to present periodic Production Schedules.


1997-09-15SupersededK0024DARCHIVED Vessel Unmanned Refits
1991-06-01SupersededK0024DARCHIVED Vessel out of Commission - Gen. Cond.

K0025T

Effective Date
Item Status
ID
Title
1992-08-01SupersededK0025TARCHIVED Contractual Obligation

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

The Supplier offers to provide to the Departments and Agencies of the 
Government of Canada and herein after referred to as the Consignee, upon 
the terms and conditions set out herein, as and when the Consignee may 
require such services and if the Consignee authorizes and orders such 
services in accordance with the provisions hereof.

It is understood and agreed that:

a) A contractual obligation will come into force only if there is an 
authorized Call-Up Against a Standing Offer and only to the extent 
designated in the call-up;

b) this document does not oblige the Consignee to authorize or order any 
services whatsoever or to spend the estimated expenditure or any monies 
whatsoever; and

c) the Consignee's liability under this Offer shall be limited to the 
actual amount of services "called-up" within the period specified herein.

The Supplier also agrees that the terms and conditions as set out in DSS 
9076, form part of this Offer and accordingly are incorporated into and 
form part of any and all authorized "Call-Up(s) Against A Standing Offer".

In the event that the Supplier wishes to withdraw this Offer, it will 
endeavour to inform DSS with at least thirty (30) days written notice. The 
Supplier acknowledges that any withdrawal of this Offer will not affect any 
Call-Ups made prior to the withdrawal.


1992-01-31SupersededK0025TARCHIVED Contractual Obligation

K0026C

Effective Date
Item Status
ID
Title
2004-12-10CancelledK0026CARCHIVED Priority of Documents

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

The documents listed below form part of and are incorporated into this 
Contract.  If there is a discrepancy between the wording of one document 
and the wording of any other document which appears on the list, the 
wording of the document which first appears on the list shall prevail over 
the wording of any document which subsequently appears on the list:

(a)    these articles of agreement;
(b)    general conditions 9676;
(c)    Air Charter Conditions;
(d)    Appendix "A";
(e)    Customer Safety Briefing Confirmation.


1994-01-04SupersededK0026CARCHIVED Priority of Documents
1992-08-01SupersededK0026CARCHIVED Priority of Documents
1992-01-31SupersededK0026CARCHIVED Priority of Documents

K0027C

Effective Date
Item Status
ID
Title
2010-08-16ActiveK0027CVessel Warranty - Refit and Repair

Remarks – Recommended Use of SACC Item

Use the following clause in marine refit and repair contracts only. It is not intended to be used in marine new construction contracts. The contracting officer must insert the number of days for paint warranty as required.

Legal text for SACC item

The warranty clause of the general conditions forming part of the Contract is deleted and replaced by the following:

"08 Warranty

  1. The Contractor, if requested by Canada, must replace or repair at its own expense any finished work, excluding Government Issue incorporated in the Work, which becomes defective or which fails to conform to contract requirements as a result of faulty or inefficient manufacture, material or workmanship.
  2. Despite acceptance of the finished work, and without restricting any other term of the Contract or any condition, warranty or provision imposed by law, the Contractor warrants that the following will be free from all defects and will conform with the requirements of the Contract:
    1. The painting of the underwater portion of the hull for a period of ______ (insert the number of days as required) days commencing from the date of undocking, except that the Contractor will only be liable to repair and/or replace to a value to be determined as follows:
      Original cost to Canada of the underwater painting work, divided by ______ (insert the warranty period as indicated above) days and multiplied by the number of days remaining in the warranty period. The resultant sum would represent the "Dollar Credit" due to Canada from the Contractor.
    2. All other painting work for a period of _______ (insert the number of days as required) days commencing from the date of acceptance of the Work;
    3. All other items of work for a period of ninety (90) days commencing from the date of acceptance of the Work, except that:
      1. the warranty on the work related to any system or equipment not immediately placed in continuous use or service will be for a period of ninety (90) days from the date of acceptance of the vessel;
      2. for all outstanding defects, deviations, and work items listed on the Acceptance Document at Delivery, the warranty will be ninety (90) days from the subsequent date of acceptance for each item.
  3. The Contractor agrees to pass to Canada, and exercise on behalf of Canada, all warranties on the materials supplied or held by the Contractor which exceed the periods indicated above.
  4. Refer to Annex "______" for Warranty Defect Claim Procedures and forms."
2007-05-25SupersededK0027CARCHIVED Vessel Warranty - Refit and Repair

K0027D

Effective Date
Item Status
ID
Title
2003-12-12SupersededK0027DARCHIVED Vessel Warranty - Refit and Repair

Remarks – Recommended Use of SACC Item

Use the following clause in Marine refit and repair contracts only.  It is not 
intended to be used in Marine new construction contracts.  The contracting 
officer may adjust number of days and/or conditions as required.

Legal text for SACC item

General conditions 1026A, Supplies - Firm Price, are hereby amended by 
replacing section 08, Warranty, by the following:

       "08    Warranty

       1.     At the discretion of the Minister, the Contractor will 
              replace or make good at its own expense any finished work, 
              excluding Government Issue incorporated therein, which 
              becomes defective or which fails to conform to contract 
              requirements as a result of faulty or inefficient manufacture, 
              material or workmanship.

       2.     Notwithstanding prior acceptance of the finished work, and 
              without restricting any other term of the Contract or any 
              condition, warranty or provision implied or imposed by law, 
              the Contractor hereby warrants that the following shall be 
              free from all defects and shall conform with the requirements 
              of the contract: 

              (a)    The painting of the underwater portion of the hull for 
                     a period of  seven hundred and twenty (720) days 
                     commencing from the date of undocking, except that the 
                     Contractor will only be liable to repair and/or 
                     replace to a value to be determined as follows:

                            Original cost to Canada of the underwater 
                            painting Work, divided by 720 days and 
                            multiplied by the number of days remaining in 
                            the warranty period.  The resultant would 
                            represent the "Dollar Credit" due to Canada 
                            from the Contractor.

              (b)    All other painting Work for a period of three hundred 
                     and sixty-five (365) days commencing from the date of 
                     acceptance of the Work;

              (c)    All other items of Work for a period of ninety (90) 
                     days commencing from the date of acceptance of the 
                     Work, except that:

                     (i)    the warranty on the Work related to any system 
                            or equipment not immediately placed in 
                            continuous use or service shall extend for a 
                            period of ninety (90) days from the date of 
                            acceptance of the vessel;

                     (ii)   for all outstanding defects, deviations, and 
                            Work items listed on the Acceptance Document at 
                            Delivery, the Warranty will be ninety (90) days 
                            from the subsequent date of acceptance for each 
                            item.

       3.     The Contractor agrees to pass to Canada, and exercise on 
              behalf of Canada, all warranties on the Materials supplied or 
              held by the Contractor which exceed the periods indicated 
              above."

1992-12-01SupersededK0027DARCHIVED Warranty (Vessel) - DND

K0028D

Effective Date
Item Status
ID
Title
1995-03-31CancelledK0028DARCHIVED Default

Remarks – Recommended Use of SACC Item

Use the following clause in science contracts when General Conditions - 
Universities and Other Institutions, DSS-MAS 1053, are incorporated into the 
contract.

Legal text for SACC item

1.     If the Contractor is in default in fulfilling any of the terms, 
       conditions, covenants or obligations of the Contract, or has made a 
       false representation or warranty, Canada may, by giving notice in 
       writing to the Contractor, terminate the whole or any part of the 
       Contract. On the giving of such notice, the Contractor shall have no 
       claim for any further payment under the Contract.

2.     If after notice of termination of the Contract under the provisions 
       of paragraph 1 of this clause, it is determined by Canada that the 
       default of the Contractor is due to causes beyond the control of the 
       Contractor, such notice of termination shall be deemed to have been 
       issued pursuant to section 9 (Termination) of General Conditions  
       Universities and Other Institutions, DSSMAS 1053, and the rights and 
       obligations of the parties hereto shall be governed by that section.

3.     On termination of the Contract under this clause, Canada may require 
   the Contractor to deliver to Canada, in the manner and to the extent 
   directed by Canada, any work which has not been delivered/performed and 
   accepted prior to such termination.  Subject to the deduction of any 
   claim which Canada may have against the Contractor arising under the 
   Contract or out of the termination, Canada shall pay the Contractor for 
   all such work delivered/performed pursuant to such direction and 
   accepted by Canada, the cost to the Contractor of such work plus the 
   proportionate part of any profit fixed by the said Contract and shall 
   pay or reimburse the Contractor the reasonable and proper costs to the 
   Contractor of all materials, parts or work in process delivered to 
   Canada pursuant to such direction, but in no event shall the aggregate 
   of the price paid to date of default and any amounts otherwise payable 
   pursuant to this paragraph 3 exceed the total Contract Price.

K0029C

Effective Date
Item Status
ID
Title
2007-11-30ActiveK0029CWarranty Period

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when the warranty period is to be amended.

Use clause 1 for contracts with general conditions, or use clause 2 for contracts with supplemental general conditions.

Legal text for SACC item

  • Clause 1

    Section ______ of general conditions _________ is amended by replacing the period of ________ (insert the warranty period as stated in the general conditions) by _______ (insert the revised warranty period in terms of "days" or "months").
    All other provisions of the warranty section remain in effect.
  • OR

    Clause 2

    Section ______ of supplemental general conditions ________ is amended by replacing the period of ______ (insert the warranty period as stated in the supplemental general conditions) by _______ (insert the revised warranty period in terms of "days" or "months").
    All other provisions of the warranty section remain in effect.
2007-05-25SupersededK0029CARCHIVED Warranty Period

K0029D

Effective Date
Item Status
ID
Title
1996-05-01SupersededK0029DARCHIVED Warranty

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

For the purpose of the Warranty section of the General Conditions forming 
part of the Contract, the warranty period shall be 36 months in lieu of 12 
months.  All other provisions of the Warranty section apply without change.


K0030C

Effective Date
Item Status
ID
Title
2016-01-28ActiveK0030CWarranty - Modification - General Conditions 2030 or 2040

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when General Conditions 2030 or 2040 are used and the warranty section is to be amended to indicate that the contractor will be responsible for all costs associated with the replacement, repair or making good of the work or any part of the work.

For General Conditions 2010A , use clause K0031C .

Legal text for SACC item

Section 22 entitled Warranty of general conditions _________ (insert 2030 or 2040) is amended by deleting subsections 3 and 4 in its entirety and replacing it with the following:

  1. The Work or any part of the Work found to be defective or non-conforming will be returned to the Contractor's plant for replacement, repair or making good. However, when in the opinion of Canada it is not expedient to remove the Work from its location, the Contractor must carry out any necessary repair or making good of the Work at that location. In such cases, the Contractor will be responsible for all Costs (including travel and living expenses) incurred in so doing, Canada will not reimburse these Costs.
  2. The Contractor must pay the transportation cost associated with returning the Work or any part of the Work to the Contractor's plant pursuant to subsection 3. The Contractor must also pay the transportation cost associated with forwarding the replacement or returning the Work or part of the Work when rectified to the delivery point specified in the Contract or to another location directed by Canada.

All other provisions of the warranty section remain in effect.

2014-11-27SupersededK0030CARCHIVED Warranty - Contractor responsible for all costs
2012-07-16SupersededK0030CARCHIVED Warranty - Contractor responsible for all costs
2011-05-16SupersededK0030CARCHIVED Warranty - Contractor responsible for all costs

K0030D

Effective Date
Item Status
ID
Title
2004-12-10CancelledK0030DARCHIVED Conduct of the Work - Supplemental General Conditions 1036

Remarks – Recommended Use of SACC Item

Use this clause in conjunction with supplemental general conditions 1036.

Legal text for SACC item

The supplemental general conditions 1036, Research and Development, are 
amended by replacing section 02 in its entirety with the following:

       "02    Conduct of the Work

       The Contractor shall

       a)     carry out the Work to the satisfaction of the Project Officer 
              and shall comply with all instructions and directions which 
              may, from time to time, be given by the Minister or the 
              Project Officer with respect to the Work or the conduct or 
              progress thereof.

       b)     ensure the safety of its workers and carry out the Work in a 
              diligent and efficient manner in accordance with established 
              industry practice and laws for the health and safety of 
              workers related to the performance of the Work."


1998-02-16SupersededK0030DARCHIVED Revision of DSS-MAS 1036

K0031C

Effective Date
Item Status
ID
Title
2016-01-28ActiveK0031CWarranty - Modification - General Conditions 2010A

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when General Conditions 2010A are used and the warranty section is to be amended to indicate that the contractor will be responsible for all costs associated with the replacement, repair or making good of the work or any part of the work.

For General Conditions 2030 or 2040 , use clause K0030C .

Legal text for SACC item

Section 09 entitled Warranty of general conditions 2010A is amended by deleting subsection 2 in its entirety and replacing it with the following:

The Contractor must pay the transportation cost associated with returning the Work or any part of the Work to the Contractor's plant for replacement, repair or making good. The Contractor must also pay the transportation cost associated with forwarding the replacement or returning the Work or part of the Work when rectified to the delivery point specified in the Contract or to another location as directed by Canada. If, in the opinion of Canada, it is not expedient to remove the Work from its location, the Contractor must carry out any necessary repair or making good of the Work at that location. In such cases, the Contractor will be responsible for all Costs (including travel and living expenses) incurred in so doing, Canada will not reimburse these Costs.

All other provisions of the warranty section remain in effect.

2015-02-25SupersededK0031CARCHIVED Warranty - Contractor responsible for all costs
2014-11-27SupersededK0031CARCHIVED Warranty - Contractor responsible for all costs
2011-05-16SupersededK0031CARCHIVED Warranty - Contractor responsible for all costs

K0031D

Effective Date
Item Status
ID
Title
1998-02-16CancelledK0031DARCHIVED Revision of DSS-MAS 1053

Remarks – Recommended Use of SACC Item

Use this clause in conjunction with DSS-MAS 1053, Universities and other 
Institutions.

Legal text for SACC item

The General Conditions DSS-MAS 1053, Universities and other Institutions, 
are amended by deleting section 04 (Conduct of Work) in its entirety and by 
substituting the following therefor:

       "04    Conduct of Work

       1.     The Contractor shall,

              (a)    perform the work promptly;

              (b)    supervise the work to ensure that it is performed 
                     efficiently, in conformity with the requirements of 
                     the contract and in accordance with the highest 
                     standards of professional quality; and 

              (c)    use only competent personnel to perform the Work.

              (d)    ensure the safety of its workers and carry out the 
                     Work in a diligent and efficient manner in accordance 
                     with established industry practice and laws for the 
                     health and safety of workers related to the 
                     performance of the Work.

       2.     The Minister shall have access to the work at all reasonable 
   times."

K0032D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK0032DARCHIVED Vessel Manned Refits

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

1.     This requirement is considered "defence supplies"; accordingly, the 
       provisions of general conditions 1026A, Supplies - Firm Price, shall 
       form part of the Contract.

2.     In addition to general conditions 1026A, supplemental general 
       conditions 1029, Ship Repairs (excluding section 09), will form part 
       of the Contract.

3.     Fire fighting equipment will be readily accessible and made 
       available should a fire emergency arise, and adequate precautions 
       will be taken when burning or welding is carried out in compartments 
       or other confined areas of the vessel.

4.     Responsibility for planning and scheduling of the work will rest 
       with the Contractor, who may be required by the Contracting 
       Authority to present periodic Production Schedules.


1997-09-15SupersededK0032DARCHIVED Vessel Manned Refits

K0033D

Effective Date
Item Status
ID
Title
1998-02-16CancelledK0033DARCHIVED Health and Labour Conditions

Remarks – Recommended Use of SACC Item

Use this clause in conjunction with DSS-MAS 1034, Construction - Fixed and Unit 
Prices.

Legal text for SACC item

The General Conditions DSS-MAS 1034, Construction - Fixed and Unit Prices, 
are amended to include the following:

       "54    Health and Labour Conditions

       1.     In this section,

              "Public Entity" means the municipal, provincial or federal 
              government body authorized to enforce any laws concerning 
              health and labour applicable to the performance of the Work 
              or any part thereof.

       2.     The Contractor shall comply with all laws concerning health 
              and labour conditions applicable to the performance of the 
              Work or part thereof and shall also require compliance of 
              same by all its subcontractors when applicable.

       3.     The Contractor upon any request for information or inspection 
              dealing with the Work by an authorized representative of a 
              Public Entity shall forthwith notify the Engineer.

       4.     Evidence of compliance with laws applicable to the 
   performance of the Work or part thereof by either the Contractor or its 
   subcontractor shall be furnished by the Contractor to the Engineer at 
   such time as the Engineer may reasonably request."

K0034D

Effective Date
Item Status
ID
Title
1998-02-16CancelledK0034DARCHIVED Revision of DSS-MAS 1034

Remarks – Recommended Use of SACC Item

Use this clause in conjunction with DSS-MAS 1034, Construction - Fixed Price and 
Unit Prices.

Legal text for SACC item

Section 01 (Interpretation) of General Conditions DSS-MAS 1034, 
Construction - Fixed and Unit Prices, is amended to include the following:

       "01    Interpretation

       (1)    In the contract,

              (j)    "Canada", "Crown", "Her Majesty" or "the Government" 
                     means Her Majesty the Queen in right of Canada;"

K0035D

Effective Date
Item Status
ID
Title
1998-02-16CancelledK0035DARCHIVED Conduct of Work - Revision of

Remarks – Recommended Use of SACC Item

Use this clause in conjunction with following sets of General Conditions. 

DSS-MAS 9624, General Conditions - Research & Development;
DSS-MAS 9676, General Conditions - Services;
TRA-95,Translation.

Contracting officers are to indicate the applicable set of General Conditions in 
the fill-in provided.

Legal text for SACC item

Section 05 (Conduct of the Work) of General Conditions _____ is amended by 
deleting subsection (3)(a) in its entirety and by substituting the 
following therefor:

       "05    Conduct of the Work

       (3)    The Contractor shall:

              (a)    ensure the safety of workers and carry out the Work in 
                     a diligent and efficient manner in accordance with 
                     established industry practice and laws for the health 
                     and safety of workers related to the performance of 
                     the Work."

K0039D

Effective Date
Item Status
ID
Title
1998-06-15CancelledK0039DARCHIVED Y2000 Warranty - Goods

Remarks – Recommended Use of SACC Item

Use the following clause where the deliverable(s) identified in the contractual 
document will be specific goods i.e. hardware, software and/or firmware:

Legal text for SACC item

1.     The Contractor warrants that:

       a)     all hardware, software and/or firmware products delivered 
              individually, or

       b)     hardware, software and firmware products delivered in 
              combination as an integrated system under this Contract,

       as the case may be, shall meet the contractual requirement so as to 
       accurately and automatically process any and all date and 
       date-related data including, but not limited to calculating, 
       comparing, and sequencing and that such date-related processing will 
       take into consideration leap year calculations when used in 
       accordance with the documentation provided by the Contractor and 
       accepted by Canada.

2.     To that end, the Contractor also warrants that date-related 
       processing will not, in any way, prevent hardware, software or 
       firmware from conforming to the requirement of the Contract prior to, 
       during, or after the year 2000. Canada may, at no additional cost, 
       require the Contractor, at time of acceptance, to demonstrate 
       compliance and/or compliance techniques and test procedures it 
       intends to follow in order to comply with all of the obligations 
       contained herein.

3.     The obligations contained herein apply to the products delivered by 
       the Contractor and its subcontractor(s) involved in the performance 
       of this Contract.

4.     The warranties contained herein are separate and discrete from any 
       other warranties specified in this Contract, and are not subject to 
       any disclaimer of warranty which may be specified in this Contract, 
       its appendices, its schedules, its annexes or any document 
       incorporated in this Contract by reference. The warranties contained 
       herein are subject to any limitation of the Contractor's liability 
       specified in the Contract.

5.     The warranties contained herein shall not apply where a modification 
       has been made to a deliverable provided under this Contract by a 
       party other than the Contractor or a subcontractor or a party 
       approved in writing by either of them.

6.     Notwithstanding the foregoing, the provisions set out in the 
       applicable Supplemental General Conditions, if any, under the 
       section entitled "Warranty" apply.

7.     The warranties contained herein shall have a term extending either:

       (a)    to June 30, 2000, or,
       (b)    for a period of six months following acceptance of the 
              hardware, software and/or firmware,

       whichever is the later date.

K0040D

Effective Date
Item Status
ID
Title
1998-06-15CancelledK0040DARCHIVED Y2000 Warranty - Facility Management or Outsourcing

Remarks – Recommended Use of SACC Item

Use the following clause where the deliverable(s) identified in the contractual 
document will be for Facility Management or Outsourcing Services.

Legal text for SACC item

1.     The Contractor warrants that all hardware, software and firmware 
       products which may be delivered to Canada and/or utilize by the 
       Contractor to perform services under this Contract shall meet the 
       contractual requirement so as to accurately and automatically 
       process any and all date and date-related data including, but not 
       limited to calculating, comparing, and sequencing and that such 
       date-related processing will take into consideration leap year 
       calculations when used in accordance with the documentation provided 
       by the Contractor and accepted by Canada.

2.     To that end, the Contractor also warrants that date-related 
       processing will not, in any way, prevent hardware, software or 
       firmware from conforming to the requirement of the Contract prior to, 
       during, or after the year 2000.  Canada may, at no additional cost, 
       require the Contractor, at time of acceptance, to demonstrate 
       compliance and/or compliance techniques and test procedures it 
       intends to follow in order to comply with all of the obligations 
       contained herein.

3.     The obligations contained herein apply to the products delivered to 
       Canada and/or utilized by the Contractor and its subcontractor(s) to 
       provide the services under this Contract.  The obligations contained 
       herein do not apply to hardware, firmware, software or software 
       applications provided as Government Property unless expressed 
       elsewhere in the Contract.

4.     The warranties contained herein are separate and discrete from any 
       other warranties specified in this Contract, and are not subject to 
       any disclaimer of warranty which may be specified in this Contract, 
       its appendices, its schedules, its annexes or any document 
       incorporated in this Contract by reference.  The warranties 
       contained herein are subject to any limitation of the Contractor's 
       liability specified in the Contract.

5.     The warranties contained herein shall not apply where a modification 
       has been made to a deliverable provided under this Contract by a 
       party other than the Contractor or a subcontractor or a party 
       approved in writing by either of them.

6.     Notwithstanding the foregoing, the provisions set out in the 
       applicable Supplemental General Conditions, if any, under the 
       section entitled "Warranty" apply. 
7.     The warranties contained herein shall have a term extending either:

       (a)    to June 30, 2000, or,
       (b)    for a period of six months following acceptance of the system 
              to which the hardware, software, firmware, as relevant, 
              relate, or,
       (c)    for a period equal to the term of the Contract,

       whichever is the later date.

K0041D

Effective Date
Item Status
ID
Title
1998-06-15CancelledK0041DARCHIVED Y2000 Warranty - System Integration

Remarks – Recommended Use of SACC Item

Use the following clause where the deliverable identified in the contractual 
document will be an "integrated system".

Legal text for SACC item

1.     The Contractor warrants that all hardware, software and firmware 
       products delivered or developed and any deliverables resulting from 
       the services provided, as an integrated system, shall meet or 
       operate as per the contractual requirement (as evidenced during 
       acceptance tests, as applicable) so as to accurately and 
       automatically process any and all date and date-related data 
       including, but not limited to calculating, comparing, and sequencing 
       of such data from, into and between the twentieth and twenty-first 
       centuries, including leap year calculations when used in accordance 
       with the documentation provided by the Contractor and accepted by 
       Canada.

2.     To that end, the Contractor also warrants that date-related 
       processing will not, in any way, prevent hardware, software or 
       firmware from conforming to the requirement of the Contract prior to, 
       during, or after the year 2000.  Canada may, at no additional cost, 
       require the Contractor, at time of acceptance, to demonstrate 
       compliance and/or compliance techniques and test procedures it 
       intends to follow in order to comply with all of the obligations 
       contained herein.

3.     The obligations contained herein apply to the integrated system 
       provided by the Contractor and its subcontractor(s) involved in the 
       performance of this Contract.  The obligations contained herein do 
       not apply to hardware, firmware, software or software applications 
       provided as Government Property unless expressed elsewhere in the 
       Contract.

4.     The warranties contained herein are separate and discrete from any 
       other warranties specified in this Contract, and are not subject to 
       any disclaimer of warranty which may be specified in this Contract, 
       its appendices, its schedules, its annexes or any document 
       incorporated in this Contract by reference.  The warranties 
       contained herein are subject to any limitation of the Contractor's 
       liability specified in the Contract. 

5.     The warranties contained herein shall not apply where a modification 
       has been made to a deliverable provided under this Contract by a 
       party other than the Contractor or a subcontractor or a party 
       approved in writing by either of them.

6.     Notwithstanding the foregoing, the provisions set out in the 
       applicable Supplemental General Conditions, if any, under the 
       section entitled "Warranty" apply.

7.     The warranties contained herein shall have a term extending  either:

       (a)    to June 30, 2000, or,
       (b)    for a period of six months following acceptance of the system 
              to which the hardware, software, firmware, as relevant, 
              relate,

       whichever is the later date.

K0042D

Effective Date
Item Status
ID
Title
1998-06-15CancelledK0042DARCHIVED Y2000 Warranty - Service

Remarks – Recommended Use of SACC Item

Use the following clause where the deliverables identified in the contractual 
document will be services.

Legal text for SACC item

1.     The Contractor warrants that the deliverables resulting from the 
       services provided under this Contract shall meet the contractual 
       requirement so that the deliverables (as evidenced during acceptance 
       tests, as applicable) accurately and automatically process any and 
       all date and date-related data including, but not limited to 
       calculating, comparing, and sequencing of such data from, into and 
       between the twentieth and twenty-first centuries, including leap 
       year calculations when used in accordance with the documentation 
       provided by the Contractor and accepted by Canada, provided that all 
       hardware, software and firmware products used with the deliverables 
       properly exchange accurate date and date-related data with them.

2.     To that end, the Contractor also warrants that date-related 
       processing will not, in any way, prevent hardware, software or 
       firmware from conforming to the requirement of the Contract prior to, 
       during, or after the year 2000.  Canada may, at no additional cost, 
       require the Contractor, prior to the performance of the services, to 
       demonstrate compliance and/or compliance techniques and test 
       procedures it intends to follow in order to comply with all of the 
       obligations contained herein.

3.     The obligations contained herein apply to the services provided by 
       the Contractor and its subcontractor(s) involved in the performance 
       of this Contract.  Subject to the specific contractual requirement, 
       the obligations contained herein do not apply to hardware, firmware, 
       software or software applications provided as Government Property 
       unless expressed elsewhere in the Contract.

4.     The warranties contained herein are separate and discrete from any 
       other warranties specified in this Contract, and are not subject to 
       any disclaimer of warranty which may be specified in this Contract, 
       its appendices, its schedules, its annexes or any document 
       incorporated in this Contract by reference.  The warranties 
       contained herein are subject to any limitation of the Contractor's 
       liability specified in the Contract.

5.     The warranties contained herein shall not apply where a modification 
       has been made to a deliverable provided under this Contract by a 
       party other than the Contractor or a subcontractor or a party 
       approved in writing by either of them.
 
6.     Notwithstanding the foregoing, the provisions set out in the 
       applicable Supplemental General Conditions, if any, under the 
       section entitled "Warranty" apply.

7.     The warranties contained herein shall have a term extending either:

       (a)    to June 30, 2000, or,
       (b)    for a period of six months following acceptance of the 
              services,

       whichever is the later date.

K0043D

Effective Date
Item Status
ID
Title
2000-05-12CancelledK0043DARCHIVED Y2000 Warranty - Goods Not Directly Related to IT Procurements

Remarks – Recommended Use of SACC Item

Use the following clause if, or when, the deliverable(s) identified in the 
contractual document will be goods that may contain electronic processing 
systems not specifically related to the purchase of Information Technology (IT) 
systems.

Legal text for SACC item

1.     The Contractor warrants that all electronic processing systems 
       contained within or forming part of goods delivered under this 
       Contract, shall meet the contractual requirement so as to accurately 
       and automatically process any and all date and date-related data 
       including, but not limited to calculating, comparing, and sequencing 
       of such data from, into, and between the twentieth and twenty-first 
       centuries, and the years 1999 and 2000, and that such date-related 
       processing will take into consideration leap year calculations when 
       used in accordance with the documentation provided by the Contractor 
       and accepted by Canada.

2.     The items under warranty include but are not limited to:

       - processors
       - memory (RAM, ROM, PROM, EPROM, etc.)
       - firmware or software
       - reliant systems or architecture
       - integrated circuits.

3.     To that end, the Contractor also warrants that date-related 
       processing will not, in any way, prevent  the goods from conforming 
       to the requirement of the Contract prior to, during, or after the 
       year 2000.  Canada may, at no additional cost, require the 
       Contractor, at time of acceptance, to demonstrate compliance and/or 
       compliance techniques and test procedures it  followed in order to 
       comply with all of the obligations contained herein.

4.     The obligations contained herein apply to the products delivered by 
       the Contractor and its subcontractor(s) involved in the performance 
       of this Contract.

5.     The warranties contained herein are separate and discrete from any 
       other warranties specified in this Contract, and are not subject to 
       any disclaimer of warranty that may be specified in this Contract, 
       its appendices, its schedules, its annexes or any document 
       incorporated in this Contract by reference.

6.     Notwithstanding the foregoing, the provisions set out in the 
       applicable Supplemental General Conditions, if any, under the 
       section entitled "Warranty" apply. 
7.     The warranties contained herein shall have a term extending either:
       (a)    to June 30, 2000, or,
       (b)    for a period of six months following acceptance of the 
              hardware, software and/or firmware,

       whichever is the later date.

1998-11-23SupersededK0043DARCHIVED Y2000 Waranty - Goods Not Directly Related to IT Procurements

K0044D

Effective Date
Item Status
ID
Title
1998-11-23CancelledK0044DARCHIVED Y2000 Warranty - Services Not Directly Related to IT Procurements

Remarks – Recommended Use of SACC Item

Use the following clause if, or when, the deliverables identified in the 
contractual document will be services not specifically related to the purchase 
of Information Technology (IT) systems.

Legal text for SACC item

1.     The Contractor warrants that the deliverables resulting from the 
       services provided under this Contract shall meet the contractual 
       requirement so that the deliverables (as evidenced during acceptance 
       tests, as applicable) accurately and automatically process date and 
       date-related data including, but not limited to calculating, 
       comparing, and sequencing of such data from, into and between the 
       twentieth and the twenty-first centuries, and the years 1999 and 
       2000, and including leap year calculations when used in accordance 
       with the documentation provided by the Contractor and accepted by 
       Canada, provided that all electronic processing systems used with 
       the deliverables properly exchange accurate date and date-related 
       data with them. To that end, the Contractor also warrants that 
       date-related processing will not, in any way, prevent electronic 
       processing systems from conforming to the requirement of the 
       Contract prior to, during, or after the year 2000. Canada may, at no 
       additional cost, require the Contractor prior to the performance of 
       the services, to demonstrate compliance and/or compliance techniques 
       and test procedures it intends to follow in order to comply with all 
       of the obligations contained herein.

2.     The items under warranty include but are not limited to:

       - processors
       - memory (RAM, ROM, PROM, EPROM, etc.)
       - firmware or software
       - reliant systems or architecture
       - integrated circuits.

3.     The obligations contained herein apply to the services provided by 
       the Contractor and its subcontractor(s) involved in the performance 
       of this Contract.  Subject to the specific contractual requirement, 
       the obligations contained herein do not apply to electronic 
       processing systems provided as Government Property unless expressed 
       elsewhere in the Contract.

4.     The warranties contained herein are separate and discrete from any 
       other warranties specified in this Contract, and are not subject to 
       any disclaimer of warranty that may be specified in this Contract, 
       its appendices, its schedules, its annexes or any document 
       incorporated in this Contract by reference. Notwithstanding the 
       foregoing, the provisions set out in the applicable Supplemental 
       General Conditions, if any, under the section entitled "Warranty" 
       apply.

5.     The warranties contained herein shall have a term extending either:
       (a)    to June 30, 2000, or,
       (b)    for a period of six months following acceptance of the 
              hardware, software and/or firmware,

       whichever is the later date.

K0045D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK0045DARCHIVED Subcontracting

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

1.     Notwithstanding the provisions of the general conditions 1026A or 
       1026B, as the case may be, covering subcontracting, the Contractor 
       may, without the prior written consent of the Minister,

       (a)    purchase "off-the-shelf" items and such standard articles and 
              materials as are ordinarily manufactured or produced by mills 
              and manufacturers in the normal course of business;

       (b)    subcontract for the provision of services as are ordinarily 
              performed by suppliers of such services in their normal 
              course of business;

       (c)    subcontract any of the work to any one subcontractor up to a 
              value in the aggregate of $100,000;

       (d)    authorize its first and subsequent tier subcontractors to 
              make purchases or subcontract as permitted in paragraphs (a) 
              through (c).

2.     The foregoing provisions shall not apply to assignments of contracts.

3.     Except as provided in subsection 1., the Contractor shall not 
       subcontract any portion of the work without obtaining the prior 
       written consent of the Minister.

4.     Except as modified by these supplemental general conditions or by 
       other provisions of the Contract, the general conditions 1026A or 
       1026B, as the case may be, including the provisions therein covering 
       assigning and subcontracting, shall remain in full force and effect.

5.     No subcontracting or assignment shall relieve the Contractor from 
       any of its obligations under the Contract or impose any liability 
       upon the Minister to a subcontractor or an assignee.


1998-02-16SupersededK0045DARCHIVED Subcontracting

K1000T

Effective Date
Item Status
ID
Title
1991-08-05CancelledK1000TARCHIVED Statement of Eligible Goods

Remarks – Recommended Use of SACC Item

Include the following clause and form DSS-MAS 4079, Statement of Eligible Goods, 
in bid solicitations subject to the Canada-U.S. Free Trade Agreement, except in 
cases of multi-item standing offers where a practical basis for estimating 
annual usage does not exist (refer to SPM Directive 3005).  In addition, delete 
the "Foreign Content" block on the front page of the bid solicitation, or mark 
it "Not Applicable".   

Legal text for SACC item

The Bidder represents and warrants that the Statement of Eligible Goods 
attached to this bid is accurate and complete and satisfies the definition 
of eligible goods set out in that statement.  

The Bidder acknowledges that the Minister relies upon such representation 
and warranty to evaluate bids and to enter into any contract resulting from 
this bid.  Such representation and warranty may be verified in such manner 
as the Minister may reasonably require.

Eligible goods, products of Canadian origin, and designated products from 
rationalized multinational companies (reference SSC policy, SPM Directive 
3051) will be given preference by increasing the bid price for all other 
goods by a factor of 10 percent for evaluation purposes.  The 10 percent 
factor will also be applied to those products not identified in, or in bids 
submitted without, the Statement of Eligible Goods.  


1991-06-01SupersededK1000TARCHIVED Statement of Eligible Goods

K1001T

Effective Date
Item Status
ID
Title
1992-04-01CancelledK1001TARCHIVED Statement of Eligible Goods

Remarks – Recommended Use of SACC Item

Include the following clause and form DSS-MAS 4079, Statement of Eligible Goods, 
in bid solicitations subject to the Canada-U.S. Free Trade Agreement and in 
respect of which every response must include the Statement of Eligible Goods 
(that is, where the competition is being absolutely limited to bids qualifying 
for inclusion in the first grouping). See SPM Directive 3005.  

Legal text for SACC item

The Bidder represents and warrants that the Statement of Eligible Goods, 
form DSS-MAS 4079, attached to this bid is accurate and complete in 
accordance with the definition of eligible goods referred to in that 
Statement, that the goods being offered to Canada would correspond to that 
Statement, and that the level of eligible goods being offered qualifies the 
bid for inclusion in Group 1 as defined in DSS's Supply Policy Manual 
Directive 3005.

The Bidder acknowledges that the Minister relies upon such representation 
and warranty to evaluate bids and to enter into any contract resulting from 
this bid. Such representation and warranty may be verified in such manner 
as the Minister may reasonably require.

Should a verification by the Minister disclose a breach of such covenant, 
the Minister shall have the right to treat any contract resulting from this 
bid as being in default.

Failure to include a signed and completed Statement of Eligible Goods with 
   this bid shall render the bid non-responsive.  

K1002T

Effective Date
Item Status
ID
Title
1992-04-01CancelledK1002TARCHIVED Statement of Eligible Goods

Remarks – Recommended Use of SACC Item

Include the following clause and form DSS-MAS 4079, Statement of Eligible Goods, 
in bid solicitations subject to the Canada-U.S. Free Trade Agreement, and in 
respect of which every bidder is being invited to include a Statement of 
Eligible Goods (that is, where the competition is being conditionally limited to 
bids qualifying for inclusion in the first grouping). See SPM Directive 3005.  

Legal text for SACC item

If the Bidder attaches a signed Statement of Eligible Goods, form DSS-MAS 
4079, to this bid, the Bidder represents and warrants that the Statement is 
accurate and complete in accordance with the definition of eligible goods 
referred to in that Statement, that the goods being offered to Canada would 
correspond to that Statement, and that the level of eligible goods being 
offered qualifies the bid for inclusion in Group 1 as defined in DSS's 
Supply Policy Manual Directive 3005.

Bids containing such a Statement of Eligible Goods may be given preference 
over other bids, in accordance with the procedures set out in Directive 
3005.

The Bidder acknowledges that the Minister may rely upon such representation 
and warranty to enter into any contract resulting from this bid. Such 
representation and warranty may be verified in such manner as the Minister 
may reasonably require.

Should a verification by the Minister disclose a breach of such covenant, 
   the Minister shall have the right to treat any contract resulting from 
   this bid as being in default.  

K1100C

Effective Date
Item Status
ID
Title
1992-04-01CancelledK1100CARCHIVED Statement of Eligible Goods

Remarks – Recommended Use of SACC Item

Use the following clause in all contracts awarded on a requirement to which the 
Canada-U.S. Free Trade Agreement is applicable and, pursuant to the policy set 
out in SPM Directive 3005, either (i) the competition had been limited solely to 
bids qualifying for inclusion in the first grouping; or (ii) the competition had 
been conditionally limited to bids qualifying for inclusion in the first 
grouping, and a sufficient number of bids had been received so that further 
consideration was or would have been given only to bids in that first grouping. 
(Note that in both such cases the successful bidder will have completed and 
submitted a Statement of Eligible Goods.)  

Legal text for SACC item

The Contractor represents and warrants that the Statement of Eligible Goods, 
form DSS-MAS 4079,  submitted with its bid is accurate and complete in 
accordance with the definition of eligible goods referred to in that 
Statement, and that the goods to be supplied shall correspond to that 
Statement. The Contractor acknowledges that the Minister has relied upon 
such representation and warranty to enter into this Contract. Such 
representation and warranty may be verified in such manner as the Minister 
may reasonably require.

The Contractor acknowledges that in the event of a breach of such covenant, 
the Minister shall have the right to treat the Contract as being in default 
in accordance with the default provisions of the Contract.

The Contractor shall keep proper records and documentation relating to the 
determination of the status of the goods provided to Canada as eligible 
goods. The Contractor shall not, without the prior written consent of the 
Minister, dispose of any such records or documentation until the expiration 
of six (6) years after final payment of this Contract, or until settlement 
of all outstanding claims and disputes, whichever is later. All such 
records and documentation shall at all times during the aforementioned 
retention period be open to audit, inspection and examination by the 
authorized representatives of the Minister, who may make copies and take 
extracts thereof. The Contractor shall provide all facilities for such 
audits, inspections and examinations, and shall furnish all such 
information as the representatives of the Minister may from time to time 
require with respect to such records and documentation.

Nothing in this clause shall be interpreted as limiting the rights and 
   remedies which Canada or the Minister may otherwise have in relation to 
   or pursuant to this Contract.  

K2000T

Effective Date
Item Status
ID
Title
2007-05-25SupersededK2000TARCHIVED Federal Contractors Program for Employment Equity - $200,000 or more

Remarks – Recommended Use of SACC Item

Use the following clause in bid solicitations which are estimated at $200,000 or 
more (including all applicable taxes), except requirements excluded under 
paragraphs 5.129 (d), (e) and (f) of the Supply Manual. (Refer also to procedure 
7A.127.)

For standing offers, use clause M2000T.

Legal text for SACC item

1.     The Federal Contractors Program for Employment Equity (FCP-EE) 
       requires that some suppliers  bidding for federal government 
       contracts, valued at $200,000 or more (including all applicable 
       taxes), make a formal commitment to implement employment equity.  
       This is a condition precedent to contract award.  If the Bidder is 
       subject to the FCP-EE, evidence of its commitment must be provided 
       before the award of the Contract.

       Suppliers who have been declared ineligible contractors by Human 
       Resources and Social Development Canada (HRSDC) are no longer 
       eligible to receive government contracts over the threshold for 
       solicitation of bids as set out in the Government Contract 
       Regulations).  Suppliers may be declared ineligible contractors 
       either as a result of a finding of non-compliance by HRSDC, or 
       following their voluntary withdrawal from the FCP-EE for a reason 
       other than the reduction of their workforce.  Any bid from 
       ineligible contractors will not be considered for award of a 
       contract.

2.     If the Bidder does not fall within the exceptions enumerated in 3.(a) 
       or (b) below, or does not have a valid certificate number confirming 
       its adherence to the FCP-EE, the Bidder must fax a copy of the 
       signed form LAB 1168, Certificate of Commitment to Implement 
       Employment Equity, to the Labour Branch of HRSDC, at 819-953-8768.  
       The form can be found on the following Service Canada Website: 
       http://www1.servicecanada.gc.ca/cgi-bin/search/eforms/index.
cgi?app=profile&form=lab1168&dept=sc&lang=e.

3.     The Bidder certifies its status with the FCP-EE, as follows:

       The Bidder 

       (a)    (    ) is not subject to the FCP-EE, having a workforce of 
                            less than 100 permanent full or part-time 
                            employees in Canada,

       (b)    (    ) is not subject to the FCP-EE, being a regulated 
                            employer under the Employment Equity Act, S.C. 
                            1995, c. 44;

       (c)    (    ) is subject to the requirements of the FCP-EE, having a 
                            workforce of 100 or more permanent full or 
                            part-time employees in Canada, but has not 
                            previously obtained a certificate number from 
                            HRSDC, (having not bid on requirements of $200,000 
                            or more), in which case a duly signed 
                            certificate of commitment is attached;

       (d)    (    ) is subject to the FCP-EE, and has a valid certificate 
                     number as follows: _______ (e.g. has not been declared 
                     ineligible contractor by HRSDC).

Further information on the FCP-EE is available on the following HRSDC 
Website: http://www.hrsdc.gc.ca/en/gateways/topics/wzp-gxr.shtml.

2004-12-10SupersededK2000TARCHIVED Federal Contractors Program for Employment Equity - $200,000 or more
2004-05-14SupersededK2000TARCHIVED Federal Contractors Program for Employment Equity - $200,000 or more
2003-12-12SupersededK2000TARCHIVED Federal Contractors Program for Employment Equity - $200,000 or more
2003-05-30SupersededK2000TARCHIVED Federal Contractors Program for Employment Equity
2001-05-25SupersededK2000TARCHIVED Employment Equity
2000-12-01SupersededK2000TARCHIVED Employment Equity
1999-06-21SupersededK2000TARCHIVED Employment Equity
1998-11-23SupersededK2000TARCHIVED Employment Equity
1997-09-15SupersededK2000TARCHIVED Employment Equity
1997-02-03SupersededK2000TARCHIVED Employment Equity
1995-12-15SupersededK2000TARCHIVED Employment Equity
1992-12-01SupersededK2000TARCHIVED Employment Equity
1992-08-01SupersededK2000TARCHIVED Employment Equity
1991-07-01SupersededK2000TARCHIVED Employment Equity
1991-06-01SupersededK2000TARCHIVED Employment Equity

K2001T

Effective Date
Item Status
ID
Title
1992-01-31CancelledK2001TARCHIVED Employment Equity Program

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

Please note that the requirements of the Federal Contractor's Program for 
   Employment Equity may apply. A notice to this effect and instructions 
   have been included in this bid solicitation package.  

K2002T

Effective Date
Item Status
ID
Title
2007-05-25SupersededK2002TARCHIVED Federal Contractors Program for Employment Equity - over $25,000 and below $200,000

Remarks – Recommended Use of SACC Item

Use the following clause in bid solicitations which are estimated over $25,000 
and below $200,000 (including all applicable taxes), except requirements 
excluded under paragraphs 5.129 (d), (e) and (f) of Supply Manual.

For standing offers, use clause M2002T.

Legal text for SACC item

Suppliers who are subject to the Federal Contractors Program for Employment 
Equity (FCP-EE) and have been declared ineligible contractors by Human 
Resources and Social Development Canada (HRSDC) are no longer eligible to 
receive federal government contracts over the threshold for solicitation of 
bids as set out in the Government Contract Regulations. Suppliers may be 
declared ineligible contractors either as a result of a finding of 
non-compliance by HRSDC, or following their voluntary withdrawal from the 
FCP-EE for a reason other than the reduction of their workforce.  Any bids 
from ineligible contractors will not be considered for award of a contract. 

The Bidder certifies that it has not been declared an ineligible contractor 
by HRSDC and has a valid certificate number.

2004-05-14SupersededK2002TARCHIVED Federal Contractors Program for Employment Equity - over $25,000 and below $200,000
2003-12-12SupersededK2002TARCHIVED Federal Contractors Program for Employment Equity - over $25,000 and Under $200,000

K2003C

Effective Date
Item Status
ID
Title
2003-12-12SupersededK2003CARCHIVED Federal Contractors Program for Employment Equity - Certification

Remarks – Recommended Use of SACC Item

Use this clause when K2000T or K2002T was used to obtain certification of 
eligibility of the bidder under the Federal Contractors Program for Employment 
Equity.

Legal text for SACC item

The Contractor has certified in its proposal its status with the Federal 
Contractors Program for Employment Equity

The Contractor acknowledges that the Minister has relied upon such 
certification to enter into this Contract.  Such certification may be 
verified in such manner as the Minister may reasonably require.  The 
Contractor acknowledges that in the event of a misrepresentation, the 
Minister shall have the right, pursuant to the Default provisions of the 
Contract, to terminate the Contract for default.

K2100D

Effective Date
Item Status
ID
Title
1991-12-11CancelledK2100DARCHIVED South African/Haitian Conditions

Remarks – Recommended Use of SACC Item

Use the following clause in all contractual documents issued to Canadian-based 
suppliers except those issued on behalf of the Canadian Commercial Corporation 
for their foreign-based clientele.    

Legal text for SACC item

(1) Subject to paragraph (2), the Contractor shall ensure that, to its 
knowledge, the goods and services to be provided pursuant to this Contract 
are not of South African or Haitian origin and not obtained from a company 
that is majority-owned (51 percent of the voting rights) by South African 
or Haitian interests.

(2) Where the Contractor is aware that goods or services of South African 
or Haitian origin or obtained from companies that are majority-owned by 
South African or Haitian interests are to be supplied in connection with 
this Contract, the Contractor shall identify the items involved, the 
estimated total value of the goods and services, and the justification for 
their use.

(3) Following a review of the Contractor's justification, the Minister may 
accept or reject the justification, at the sole discretion of the Minister.

(4) Where the Minister rejects the Contractor's justification referred to 
in paragraph (3), the Minister may terminate the Contract in accordance 
with paragraph (5).

(5) The Contractor agrees that the Minister relies on paragraphs (1) and (2) 
to enter into this Contract and any breach of paragraph (1) or (2) shall 
entitle the Minister to terminate this Contract for default and to recover 
damages from the Contractor, including reprocurement costs arising out of 
such termination.

(6) The Contractor agrees to bind each first-tier Canadian-based 
subcontractor by the terms of this clause. 

  
1991-06-01SupersededK2100DARCHIVED South African Condition

K2105D

Effective Date
Item Status
ID
Title
2006-06-16CancelledK2105DARCHIVED International Sanctions

Remarks – Recommended Use of SACC Item

Use the following clause in all contractual documents.  At the bid solicitation 
stage, the sanctions are provided to bidders for information purposes only.

Legal text for SACC item

1.     Persons in Canada, and Canadians outside of Canada, are bound by 
       economic sanctions imposed by Canada.  As a result, the Government 
       of Canada cannot accept delivery of goods or services that originate, 
       either directly or indirectly, from the countries or persons subject 
       to economic sanctions.

       Details on existing sanctions can be found at: 
       http://www.dfait-maeci.gc.ca/trade/sanctions-en.asp.

2.     It is a condition of this Contract that the Contractor not supply to 
       the Government of Canada any goods or services which are subject to 
       economic sanctions.

3.     By law, the Contractor must comply with changes to the regulations 
   imposed during the life of the Contract.  During the performance of the 
   Contract, should the imposition of sanctions against a country or person 
   or the addition of a good or service to the list of sanctioned goods or 
   services cause an impossibility of performance for the Contractor, the 
   situation will be treated by the Parties as a force majeure.  The 
   Contractor shall forthwith inform Canada of the situation; the 
   procedures applicable to force majeure shall then apply.
2002-05-24SupersededK2105DARCHIVED International Sanctions
2001-05-25SupersededK2105DARCHIVED International Sanctions
1996-10-30SupersededK2105DARCHIVED International Sanctions
1996-05-01SupersededK2105DARCHIVED International Sanctions
1995-12-15SupersededK2105DARCHIVED International Sanctions
1995-03-31SupersededK2105DARCHIVED International Sanctions
1994-06-01SupersededK2105DARCHIVED International Sanctions

K2200D

Effective Date
Item Status
ID
Title
2003-12-12CancelledK2200DARCHIVED Conflict of Interest

Remarks – Recommended Use of SACC Item

Use this clause in bid solicitations and contracts where general conditions 
1011A, 1026A, 1026B, 1053 or 9329 are used.

Legal text for SACC item

The Contractor agrees that it is a term of the Contract that no person who 
is not in compliance with the provisions of the Conflict of Interest and 
Post-Employment Code for Public Office Holders or the Values and Ethics 
Code for the Public Service (2003), shall derive any direct benefit from 
this Contract.


1996-05-01SupersededK2200DARCHIVED Conflict of Interest
1992-04-01SupersededK2200DARCHIVED Conflict of Interest
1991-06-01SupersededK2200DARCHIVED Conflict of Interest

K2205D

Effective Date
Item Status
ID
Title
2003-05-30CancelledK2205DARCHIVED Conflict of Interest

Remarks – Recommended Use of SACC Item

Use this clause when the Contractor must design and write up specifications on 
behalf of Canada that are to be used for a bid solicitation, or when the 
Contractor must manage and amend the documentation and technical data that 
belong to Canada and that could be used in the repair or construction of its 
equipment, the refit or construction of a vessel owned by Canada, or when the 
Contractor is acting as Canada s representative in the management of any repair, 
refit or construction/manufacturing contract.

Insert the name of the Contractor who will carry out the work, if it is known, 
or the Bidder selected to carry out the work. 

Legal text for SACC item

1.     In order to avoid any real or apparent conflicts of interest, the 
       Contractor hereby agrees that it will not, during the term of the 
       contract, undertake or perform services on behalf of, or contract 
       with _________ (Insert the name of the Contractor(s)).

2.     The Contractor further agrees that it will ensure that personnel 
       provided, pursuant to  the Contract, shall devote their full time 
       and attention to the performance of the services to be provided 
       hereunder and will not, therefore, be in a position of any possible 
       conflict of interest during the term hereof. 

3.     It shall be a term of the Contract: 

       (a)    that no former public office holder who is not in compliance 
              with the post-employment provisions of the Conflict of 
              Interest and Post-Employment Code for Public Office Holders 
              shall derive a direct benefit from the Contract; and

       (b)    that during the term of the Contract any persons engaged in 
              the course of carrying out this Contract shall conduct 
              themselves in compliance with the principles of the Conflict 
              of Interest and Post-Employment Code for Public Office 
              Holders.  Should an interest be acquired during the life of 
              the Contract that would cause a conflict of interest or seem 
              to cause a departure from the principles, the Contractor 
              shall declare it immediately to the departmental 
              representative.



1999-06-21SupersededK2205DARCHIVED Conflict of Interest

K2210T

Effective Date
Item Status
ID
Title
1995-03-31CancelledK2210TARCHIVED Conflict of Interest

Remarks – Recommended Use of SACC Item

Use this clause in bid solicitations where Canada has employed the assistance of 
private sector contractors in the preparation of a solicitation or statement of 
work.

Legal text for SACC item

Canada has employed the assistance of private sector contractors in the 
preparation of this solicitation.  Responses to this solicitation from any 
such contractor or with respect to which such contractor is in any manner 
directly or indirectly involved will be deemed to be in conflict of 
interest (real or perceived) and will not be considered.  By submitting a 
bid, the Bidder represents that there is no conflict of interest as stated 
above.  


K3000D

Effective Date
Item Status
ID
Title
1992-12-01CancelledK3000DARCHIVED Intellectual Property Rights

Remarks – Recommended Use of SACC Item

Research and Development Clause - Contractor Receives Intellectual Property 
Rights.

Use the following clause in a contract or part of a contract involving research 
and development that is for the purchase of goods, and where Canada requires 
only those rights to intellectual property necessary for the operation and 
maintenance of the goods and for further development of custom designed or 
custom fabricated goods.  Do not use in conjunction with General Conditions 
DSS-MAS 9076, or with General Conditions DSS-MAS 9224 which have their own 
clauses.

NOTE:  This clause must be used in conjunction with clause K3400D.

Legal text for SACC item

(1)    In the Contract

       (a)    "Background Intellectual Property" means all Technical 
              Information that is not Foreground Intellectual Property and 
              that is proprietary to the Contractor, its subcontractors or 
              any other supplier of the Contractor;

       (b)    "Foreground Intellectual Property" means any Invention first 
              conceived, developed or reduced to practice as part of the 
              Work under the Contract and all Technical Information 
              collected, developed or produced as part of the Work under 
              the Contract;

       (c)    "Invention" means any new and useful art, process, 
              methodology, technique, machine, manufacture or composition 
              of matter, or any new and useful improvement of any art, 
              process, methodology, technique, machine, manufacture or 
              composition of matter, whether or not patentable;

       (d)    "Other Contractor" means any contractor to which Canada 
              sublicenses the use of Foreground Intellectual Property for 
              purposes of carrying out a contract with Canada; and

       (e)    "Technical Information" means all information of a scientific 
              or technical nature relating to the Work, whether oral or 
              recorded in any form or medium and whether or not 
              copyrightable, including but not limited to Inventions, 
              designs, methods, processes, techniques, know-how, reports, 
              drawings, plans, specifications, photographs, models, 
              prototypes, patterns, samples, schematics, experimental or 
              test data, and computer software, source code, data files, 
              and documentation.

(2)    The Contractor shall promptly report and fully disclose to the 
       Minister the conception, development, or reduction to practice of 
       any Invention that could be Foreground Intellectual Property, and 
       shall report and fully disclose to the Minister all other Foreground 
       Intellectual Property at a time selected by the Contractor, but not 
       later than the time of completion of the Work or such other time as 
       the Minister or the Contract may require in respect of any such 
       Foreground Intellectual Property.  The Contractor shall, in each 
       disclosure under this subsection, indicate the name of any 
       subcontractor at any tier in which title to any of the Foreground 
       Intellectual Property has vested or will vest.

(3)    Except as otherwise specified in the Contract and subject to 
       subsection (7), copyright, patent and all other proprietary rights 
       to all Foreground Intellectual Property shall, immediately upon its  
       conception, development, reduction to practice or production, vest 
       in and remain the property of the Contractor.  

(4)    Notwithstanding the Contractor's ownership of the Foreground 
       Intellectual Property in any prototype or any custom machinery, 
       device, system or equipment delivered under the Contract, Canada 
       shall have unrestricted ownership rights in the thing delivered, 
       including the right to sell it and to make it available for public 
       use whether for a fee or otherwise.

(5)    The Contractor hereby grants to Canada a non-exclusive, irrevocable, 
       world-wide, fully paid and royalty-free licence to use any 
       Foreground Intellectual Property and such of the Background 
       Intellectual Property incorporated into the Work or necessary for 
       the performance of the Work as may be required solely for the 
       following purposes:

       (a)    for the operation, maintenance, repair or overhaul of the 
              Work;

       (b)    for the purpose of manufacturing spare parts for maintenance, 
              repair or overhaul of the Work by Canada if those parts are 
              not reasonably available to enable timely maintenance, repair 
              or overhaul; or

       (c)    in respect of Foreground Intellectual Property only, for the 
              further development of or alteration of any part of the Work;

       including the right to sublicense the use of the Foreground or 
       Background Intellectual Property to an Other Contractor to be used 
       solely in the carrying out of a contract let by Canada for a purpose 
       set out in paragraph (a), (b), or (c) in relation to that particular 
       intellectual property.   Any sublicence given by Canada to an Other 
       Contractor shall require the Other Contractor to maintain the 
       confidentiality of the Foreground or Background Intellectual 
       Property.  In respect of Background Intellectual Property, Canada 
       shall have the right to sublicense use by an Other Contractor only 
       if the Contractor is unable or unwilling to do the maintenance, 
       repair or overhaul or provide the spare parts on reasonable 
       commercial terms and within reasonable delivery times.

(6)    Wherever practical, the Contractor shall mark or identify any 
       Foreground or Background Intellectual Property delivered to Canada 
       under this section as "Property of (Contractor name); permitted 
       Government uses defined under DSS Contract No. (fill in contract 
       number)", and Canada shall not be liable for any unauthorized use or 
       disclosure of Foreground or Background Intellectual Property that 
       could have been so marked or identified and was not.
 
(7)    Until the Contractor discloses Foreground Intellectual Property in 
       accordance with subsection (2), it shall not, without the prior 
       written permission of the Minister, assign or otherwise transfer 
       title to the Foreground Intellectual Property or license or 
       otherwise authorize the use of that intellectual property by any 
       person.  If the Contractor fails to disclose any Foreground 
       Intellectual Property in accordance with subsection (2), the 
       Minister may, within 90 days of the date when Canada learns of the 
       failure of the Contractor to so disclose, issue a notice to the 
       Contractor whereupon copyright, patent and all other proprietary 
       rights to the Foreground Intellectual Property not disclosed shall 
       immediately vest in and remain the property of Canada.  In that 
       event, the Contractor shall, at its own expense, execute such 
       conveyances or other documents relating to title as the minister for 
       whose department or agency the Work is being carried out may require, 
       and the Contractor shall, at Canada's expense, afford that minister 
       all reasonable assistance in the prosecution of any patent 
       application or registration of copyright or an industrial design, 
       including assistance of the inventor in the case of Inventions.

(8)    Canada is prepared to license the use by the Contractor of 
       intellectual property owned by Canada and furnished to the 
       Contractor under this Contract for purposes of the commercial 
       exploitation or further development by the Contractor of the 
       Foreground Intellectual Property, on terms and conditions, which may 
       include the payment of compensation, to be negotiated between the 
       Contractor and the minister for whose department or agency the Work 
       is being carried out.

(9)    The Contractor shall not, without the written permission of the 
       Minister, incorporate into the Work any Background Intellectual 
       Property unless it owns or has procured the rights necessary to 
       provide the licence to Canada under subsection (5).  

(10)   In any transfer of title to or assignment of the Foreground 
       Intellectual Property or any licence for the use of the Foreground 
       Intellectual Property, the Contractor shall impose on the other 
       party any obligations to Canada imposed under this Contract and any 
       restrictions on the use or disposition of the Foreground 
       Intellectual Property contained in this Contract, including the 
       obligation to impose the same obligations and restrictions on any 
       subsequent transferee, assignee or licensee, so that such 
       obligations and restrictions will continue to apply to the current 
       holder of those rights to the Foreground Intellectual Property.  The 
       Contractor agrees that neither the Contractor nor any such current 
       holder of those rights to the Foreground Intellectual Property shall 
       have the right to collect a royalty or other compensation on the use 
       of the Foreground Intellectual Property for purposes of a contract 
       or other arrangement with Canada.  The Contractor or other current 
       holder of rights to the Foreground Intellectual Property shall 
       promptly notify Canada of the name, address and other pertinent 
       information in regard to any such transferee, assignee or licensee.

(11)   Before and after final payment to the Contractor, the Minister shall 
       have the right to examine all records and supporting data of the 
       Contractor which the Minister reasonably deems pertinent to the 
       discovery or identification of Technical Information to which 
       subsection (2) applies.

(12)   The Contractor shall, upon the written request of the Minister, 
       furnish all logistical support and life-cycle support data relating 
       to the Work, including lists of suppliers, supplier part numbers and 
       related drawings, and shall do so at the minimum extra cost to 
       Canada.


1991-12-19SupersededK3000DARCHIVED Intellectual Property Rights

K3001D

Effective Date
Item Status
ID
Title
1992-12-01CancelledK3001DARCHIVED Intellectual Property Rights

Remarks – Recommended Use of SACC Item

Research and Development Clause - Contractor Receives Intellectual Property 
Rights

Use the following clause in a contract or part of a contract that is for 
research and development, where Canada requires the right to use intellectual 
property developed under the contract for any government purpose except 
commercial sale or licensing in competition with the contractor.  This would 
include a contract that is for the design phases of a multi-phase procurement of 
a major system.  Do not use in conjunction with General Conditions DSS-MAS 9076, 
or with General Conditions DSS-MAS 9224 which have their own clauses.

An alternative to the use of this clause with a set of general conditions is to 
use General Conditions DSS-MAS 9224 without modifications.

NOTE:  This clause must be used in conjunction with clause K3400D.

Legal text for SACC item

(1)    In the Contract:

       (a)    "Background Intellectual Property" means all Technical  
              Information that is not Foreground Intellectual Property and 
              that is proprietary to the Contractor, its subcontractors or 
              any other supplier of the Contractor;

       (b)    "Foreground Intellectual Property" means any Invention first 
              conceived, developed or reduced to practice as part of the 
              Work under the Contract and all Technical Information 
              collected, developed or produced as part of the Work under 
              the Contract;

       (c)    "Invention" means any new and useful art, process, 
              methodology, technique, machine, manufacture or composition 
              of matter, or any new and useful improvement of any art, 
              process, methodology, technique, machine, manufacture or 
              composition of matter, whether or not patentable;

       (d)    "Other Contractor" means any contractor to which Canada 
              sublicenses the use of Foreground Intellectual Property for 
              purposes of carrying out a contract with Canada; and

       (e)    "Technical Information" means all information of a scientific 
              or technical nature relating to the Work, whether oral or 
              recorded in any form or medium and whether or not 
              copyrightable, including but not limited to Inventions, 
              designs, methods, processes, techniques, know-how, reports, 
              drawings, plans, specifications, photographs, models, 
              prototypes, patterns, samples, schematics, experimental or 
              test data, and computer software, source code, data files, 
              and documentation.

(2)    The Contractor shall promptly report and fully disclose to the 
       Minister the conception, development or reduction to practice of any 
       Invention that could be Foreground Intellectual Property, and shall 
       report and fully disclose to the Minister all other Foreground 
       Intellectual Property at a time selected by the Contractor, but not 
       later than the completion of the Work or such other time as the 
       Minister or the Contract may require.  The Contractor shall, in each 
       disclosure under this subsection, indicate the name of any 
       subcontractor at any tier in which title to any of the Foreground 
       Intellectual Property has vested or will vest.

(3)    Except as otherwise specified in the Contract and subject to 
       subsection (7), copyright, patent and all other proprietary rights 
       to all Foreground Intellectual Property shall, immediately upon its 
       conception, development, reduction to practice or production, vest 
       in and remain the property of the Contractor.  
 
(4)    Notwithstanding the Contractor's ownership of the Foreground 
       Intellectual Property in any prototype or any custom machinery, 
       device, system or equipment delivered under the Contract, Canada 
       shall have unrestricted ownership rights in the thing delivered, 
       including the right to sell it and to make it available for public 
       use whether for a fee or otherwise.

(5)    The Contractor hereby grants to Canada, in relation to all of the 
       Foreground Intellectual Property, a non-exclusive, irrevocable, 
       world-wide, fully paid and royalty-free licence to use or have used, 
       make or have made, copy, translate, practise or produce the 
       intellectual property, for any government purpose except commercial 
       sale in competition with the Contractor.  In relation to any 
       Foreground Intellectual property that consists of software, source 
       code and related documentation, the Contractor agrees that the 
       foregoing licence includes the right to modify that intellectual 
       property and, where applicable, to use it, or any modified version 
       of it, on any and all computer systems owned, leased or operated by 
       Canada anywhere in the world.  The Contractor acknowledges that 
       Canada may wish to award competitively contracts related to the use 
       of the Work under this Contract or for the further development of 
       the Work or the Foreground Intellectual Property, and the Contractor 
       agrees that Canada's licence to the use of the Foreground 
       Intellectual Property includes the right to sublicense the use of 
       that intellectual property to any Other Contractor engaged by Canada.  
       Any sublicence given by Canada to an Other Contractor shall 
       authorize use of the Foreground Intellectual Property solely for the 
       purpose of performing contracts for Canada, and shall require the 
       Other Contractor to maintain the confidentiality of the Foreground 
       Intellectual Property.

(6)    Wherever practical, the Contractor shall mark or identify any 
       Foreground or Background Intellectual Property delivered to Canada 
       under this section as "Property of (Contractor name); permitted 
       Government uses defined under DSS Contract No. (fill in contract 
       number)", and Canada shall not be liable for any unauthorized use or 
       disclosure of Foreground or Background Intellectual Property that 
       could have been so marked or identified and was not.

(7)    Until the Contractor discloses Foreground Intellectual Property in 
       accordance with subsection (2), it shall not, without the prior 
       written permission of the Minister, assign or otherwise transfer 
       title to the Foreground Intellectual Property or license or 
       otherwise authorize the use of that intellectual property by any 
       person.  If the Contractor fails to disclose any Foreground 
       Intellectual Property in accordance with subsection (2), or if the 
       Contract is terminated by Canada under the provisions of the 
       Contract relating to termination on the grounds of default by the 
       Contractor, the Minister may, within 90 days of notice to the 
       Contractor of the termination or of the time that Canada learns of 
       the Contractor's failure to so disclose or of the earlier of those 
       events, issue a notice to the Contractor whereupon copyright, patent 
       and all other proprietary rights to the Foreground Intellectual 
       Property not disclosed, or in the case of termination all of the 
       Foreground Intellectual Property, shall immediately vest in and 
       remain the property of Canada.  In that event the Contractor shall, 
       at its own expense, execute such conveyances or other documents 
       relating to title as the minister for whose department or agency the 
       Work is being carried out may require, and the Contractor shall, at 
       Canada's expense, afford that minister all reasonable assistance in 
       the prosecution of any patent application or registration of 
       copyright or an industrial design, including assistance of the 
       inventor in the case of Inventions.

(8)    Canada is prepared to license the use by the Contractor of 
       intellectual property owned by Canada and furnished to the 
       Contractor under this Contract for purposes of the commercial 
       exploitation or further development by the Contractor of the 
       Foreground Intellectual Property, on terms and conditions, which may 
       include the payment of compensation, to be negotiated between the 
       Contractor and the minister for whose department or agency the Work 
       is being carried out.

(9)    The Contractor shall not, without the written permission of the 
       Minister, incorporate into the Work any Background Intellectual 
       Property unless it owns or has procured the rights necessary to 
       provide the licence to Canada under subsection (5).
  
(10)   In any transfer of title to or assignment of the Foreground 
       Intellectual Property or any licence for the use of the Foreground 
       Intellectual Property, the Contractor shall impose on the other 
       party any obligations to Canada imposed under this Contract and any 
       restrictions on the use or disposition of the Foreground 
       Intellectual Property contained in this Contract, including the 
       obligation to impose the same obligations and restrictions on any 
       subsequent transferee, assignee or licensee, so that such 
       obligations and restrictions will continue to apply to the current 
       holder of those rights to the Foreground Intellectual Property.  The 
       Contractor agrees that neither the Contractor nor any such current 
       holder of those rights to the Foreground Intellectual Property shall 
       have the right to collect a royalty or other compensation on the use 
       of the Foreground Intellectual Property for purposes of a contract 
       or other arrangement with Canada.  The Contractor or other current 
       holder of rights to the Foreground Intellectual Property shall 
       promptly notify Canada of the name, address and other pertinent 
       information in regard to any such transferee, assignee or licensee.

(11)   Before and after final payment to the Contractor, the Minister shall 
       have the right to examine all records and supporting data of  the 
       Contractor which the Minister reasonably deems pertinent to the 
       discovery or identification of Technical Information to which 
       subsection (2) applies.

(12)   The Contractor shall, upon the written request of the Minister, 
       furnish all logistical support and life-cycle support data relating 
       to the Work, including lists of suppliers, supplier part numbers and 
       related drawings, and shall do so at the minimum extra cost to 
       Canada.

1991-12-19SupersededK3001DARCHIVED Intellectual Property Rights

K3002C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3002CContractor to own IP: No Explicit License Rights for Canada

Remarks – Recommended Use of SACC Item

Use the following clause in contracts to delete the copyright clause in general conditions 2010B and 2035 , when the client department has specified that copyright in the work will belong to the contractor and when Canada does not wish to have any license to the work.

Use this clause in conjunction with general conditions 2010B and 2035 . Clause K3030C may be used in conjunction with this clause when material subject to copyright protection will be created in the performance of the contract and the client department wishes to ensure that it obtains a license to exercise all rights comprised in the copyright in that material.

Do not use this clause in conjunction with general conditions 2040 .

Legal text for SACC item

The general conditions are amended by deleting in its entirety the section entitled "Copyright", and replacing it with the following:

"Without affecting any existing intellectual property rights or relating to information or data supplied by Canada for purposes of the Contract, copyright in anything conceived, developed, or produced as part of the Work under the Contract will belong to the Contractor."

K3002D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK3002DARCHIVED Contractor to own IP: No Explicit License Rights for Canada

Remarks – Recommended Use of SACC Item

Use the following clause in conjunction with general conditions 9676 or 9601, in 
a contract which does not involve any research and development, where it is 
anticipated that the intellectual property arising from the Work under the 
Contract, if any, will be minimal, where the client department has specified 
that the intellectual property rights are to vest in the Contractor, and where 
Canada does not wish to have any license to use any intellectual property that 
may arise in the Contractor's performance of the Contract.

Do not use this clause in conjunction with general conditions 9624.  Clause 
K3030D may be used in conjunction with this clause where material subject to 
copyright protection will be created in the performance of the Contract and the 
client department wishes to ensure that it obtains a license to exercise all 
rights comprised in the copyright in that material, but does not require a 
license to exercise any other intellectual property rights arising from the Work 
under the Contract.

Legal text for SACC item

The general conditions are amended by deleting in its entirety the section 
entitled "Copyright", which is replaced by the following:

       "Without affecting any intellectual property rights or interests 
       therein that have come into being prior to the Contract or that 
       relate to information or data supplied by Canada for purposes of the 
       Contract, all intellectual property rights in anything conceived, 
       developed, reduced to practice or produced as part of the Work under 
       the Contract shall immediately, as soon as they come into existence, 
       vest in and remain the property of the Contractor."


2001-05-25SupersededK3002DARCHIVED Contractor to own IP: No Explicit License Rights for Canada
1994-01-04SupersededK3002DARCHIVED Intellectual Property Rights
1992-12-01SupersededK3002DARCHIVED Intellectual Property Rights

K3005D

Effective Date
Item Status
ID
Title
2004-12-10CancelledK3005DARCHIVED Protection of Intellectual Property

Remarks – Recommended Use of SACC Item

Use the following clause only where the Contractor is to own the foreground 
information and where either supplemental general conditions 9601-6 or general 
conditions 9624 form part of the Contract.

Add the following clause if the Contractor is to be required to protect its or 
Canada's interest in the intellectual property (usually where there is also a 
requirement to exploit the intellectual property in Canada).

Legal text for SACC item

The Contractor shall take reasonable measures to protect the Intellectual 
Property Rights in the Foreground Information, and in any case shall take 
at least the same measures as it takes in relation to other similar 
intellectual property owned by the Contractor.


2001-05-25SupersededK3005DARCHIVED Protection of Intellectual Property
1994-01-04SupersededK3005DARCHIVED Protection of Intellectual Property
1991-12-19SupersededK3005DARCHIVED Protection of Intellectual Property

K3006D

Effective Date
Item Status
ID
Title
1995-12-15CancelledK3006DARCHIVED Design - Property of Canada

Remarks – Recommended Use of SACC Item

Use the following clause for procurement of any items where design is property 
of Canada.

Legal text for SACC item

The Contractor acknowledges that the design of the goods to be produced 
including all markings, writings and inscriptions is the property of Canada 
and agrees that it will not manufacture, sell or offer for sale, goods of 
the same design including such markings, writings and inscriptions to any 
person or corporation other than Canada without the Minister's prior 
written authorization.

K3010D

Effective Date
Item Status
ID
Title
1992-12-01CancelledK3010DARCHIVED Disclosure to Other Governments

Remarks – Recommended Use of SACC Item

Add the following clause in a contract or part of a contract where clause K3000D 
is used, if the intellectual property is to be disclosed to other governments.  
It is unnecessary to use this clause in a contract or part of a contract where 
clause K3001D is used, unless a clause requiring Canada to keep the intellectual 
property confidential is included.

Legal text for SACC item

In addition to the licence set out in subsection (5) of the Intellectual 
Property Rights clause referenced in this document, the Contractor agrees 
that Canada may disclose to other governments, for information purposes 
only, the Foreground Intellectual Property.

1991-12-19SupersededK3010DARCHIVED Disclosure to Other Governments

K3015C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3015CConfidentiality of Foreground Information

Remarks – Recommended Use of SACC Item

Use the following clause in contracts if the contractor is required to keep the foreground information confidential for a specific period of time following the performance of the contract. This clause would be suitable where the client department wishes to give the intellectual property rights to the contractor but wishes to prevent publishing and to restrict disclosure of that information for a period of time for security or other reasons.

Use this clause in conjunction with supplemental general conditions 4006 or general conditions 2040 .

Legal text for SACC item

The Contractor, during the performance of the Contract and for a period of _____ months after the Contract, must keep confidential and must not publish or otherwise disclose to any person any Foreground Information, except as may be necessary to perform the Work under the Contract. The Contractor must impose the same obligation of confidentiality on any person to whom the information is disclosed to perform the Work.

K3015D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK3015DARCHIVED Foreground Information - Confidentiality

Remarks – Recommended Use of SACC Item

Use the following clause only where the Contractor is to own the foreground 
information and where either supplemental general conditions 9601-6 or general 
conditions 9624 form part of the Contract.

Add the following clause where the Contractor is to be required to keep 
foreground information confidential for a specific period of time following 
completion of the Contract.  This clause would be suitable where the client 
department wishes to give the intellectual property rights to the Contractor but 
wishes to prevent publishing and to restrict disclosure of that information for 
a period of time for security or other reasons.

Legal text for SACC item

The Contractor, during the performance of the Contract and for a period of _____ 
months thereafter, shall keep confidential and shall not publish or 
otherwise disclose to any person any Foreground Information, except as may 
be necessary to carry out the Work under the Contract in which case the 
Contractor shall impose the same obligation of confidentiality on any 
person to whom the information is disclosed.  The foregoing obligation does 
not apply to any Foreground Information where the same information is 
publicly available form a source other than Canada.

2001-12-10SupersededK3015DARCHIVED Foreground Information - Confidentiality
2001-05-25SupersededK3015DARCHIVED Technical Information - Confidentiality
2000-12-01SupersededK3015DARCHIVED Technical Information - Confidentiality
1994-01-04SupersededK3015DARCHIVED Technical Information - Confidentiality
1991-12-19SupersededK3015DARCHIVED Confidentiality of Technical Information

K3020C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3020CLicence to Canada's Information

Remarks – Recommended Use of SACC Item

Use the following in contracts if the client department is willing, for commercial exploitation or further development of the foreground information, to give the contractor access to information over and above any Canada-owned technical information disclosed to the contractor for purposes of performing the contract. If appropriate, replace "certain Canada-owned information" by a list of specific items.

Use this clause in conjunction with supplemental general conditions 4006 or general conditions 2040 .

Legal text for SACC item

If commercial exploitation or further development of the Foreground Information reasonably requires the use of certain Canada-owned information other than that supplied to the Contractor for purposes of the Contract, Canada may provide the Contractor with a license for that purpose, on conditions to be negotiated between the Contractor and the client department or agency for whom the Work is being performed. Those conditions may include the payment of compensation. The Contractor must give the client department or agency an explanation as to why such a license is required. The client department or agency must respond in writing to the request within a reasonable period of time.

K3020D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK3020DARCHIVED Licence to Canada's Information

Remarks – Recommended Use of SACC Item

Use the following clause only where the Contractor is to own the foreground 
information and where either supplemental general conditions 9601-6 or general 
conditions 9624 form part of the Contract.

Add the following clause where the client department is willing to give the 
Contractor access to information over and above any Canada-owned technical 
information disclosed to the Contractor for purposes of carrying out the 
Contract.  If appropriate, replace "certain Canada-owned information" by a list 
of specific items.

Legal text for SACC item

If commercial exploitation or further development of the Foreground 
Information, the Intellectual Property Rights in which vest in the 
Contractor pursuant to section 23 of general conditions 9624 or section 03 
of supplemental general conditions 9601-6, whichever forms part of the 
Contract, reasonably requires the use of certain Canada-owned information 
other than that supplied to the Contractor for purposes of the Contract, 
Canada may provide the Contractor with a license for that purpose, on terms 
and conditions to be negotiated between the Contractor and the minister for 
whose department or agency the Work is being or was carried out and which 
terms and conditions may include the payment of compensation.  The 
Contractor must set out its request for such a license in writing, with an 
explanation as to why the license is required.  The minister for whose 
department or agency the Work is being or was carried out shall respond in 
writing to the request within a reasonable period of time.  If the 
Contractor`s request is refused, the said minister's reply shall provide an 
explanation for the refusal.



2001-05-25SupersededK3020DARCHIVED Licence to Canada's Information
2000-12-01SupersededK3020DARCHIVED Licence to Canada's Information
1994-01-04SupersededK3020DARCHIVED License to Canada's Information
1991-12-19SupersededK3020DARCHIVED Commercial Exploitation

K3025D

Effective Date
Item Status
ID
Title
2004-12-10CancelledK3025DARCHIVED License to Intellectual Property Rights in Background Information (Contractor Owns)

Remarks – Recommended Use of SACC Item

Use the following clause only where the Contractor is to own the foreground 
information and where supplemental general conditions 9601-6 form part of the 
Contract.

This clause is intended for use where the Contractor is engaged to, essentially, 
produce a new product and where the client department has determined that it 
wishes to have a broader license to the Contractor's Background Information to 
allow for further development of that product, including, possibly, production 
of it for Canada's use.

Legal text for SACC item

1.     Section 05 of supplemental general conditions 9601-6 is deleted and 
       replaced by the following:

       "05    License to Intellectual Property Rights in Background 
              Information

       1.     Without restricting the scope of any license or other right 
              in the Background Information that Canada may otherwise hold, 
              the Contractor hereby grants to Canada a non-exclusive, 
              perpetual, irrevocable, worldwide, fully-paid and 
              royalty-free license to exercise such of the Intellectual 
              Property Rights in any Background Information incorporated 
              into the Work or necessary for the performance of the Work as 
              may be required in order for Canada to exercise its license 
              in the Intellectual Property Rights in the Foreground 
              Information.  The Contractor agrees, subject to subsection 4, 
              to make any such Background Information (including, in the 
              case of Software, source code) promptly available to Canada 
              for any such purpose.

       2.     The Contractor acknowledges that Canada may wish to award 
              contracts for a purpose contemplated in subsection 1 and that 
              such contract awards may follow a competitive process.  The 
              Contractor agrees that Canada's license in relation to the 
              Intellectual Property Rights in Background Information 
              includes the right to disclose the Background Information to 
              bidders for such contracts, and to sublicense or otherwise 
              authorize the use of that information by any contractor 
              engaged by Canada solely for the purpose of carrying out such 
              a contract.  Canada shall require bidders and the contractor 
              not to use or disclose any Background Information except as 
              may be necessary to bid for or to carry out that contract.

       3.     Where the Intellectual Property Rights in any Background 
              Information are owned by a Subcontractor at any tier, the 
              Contractor shall either obtain a license from that 
              Subcontractor that permits compliance with subsections 1 and 
              2 or arrange for the Subcontractor to convey directly to 
              Canada the same rights by execution of the form provided for 
              that purpose by the Minister, in which case the Contractor 
              shall deliver that form to the Minister, duly completed and 
              executed by the Subcontractor, no later than the time of 
              disclosure to Canada of that Background Information.

       4.     Notwithstanding subsection 1, the license set out therein 
              shall not apply to any Software that is subject to detailed 
              license conditions that are set out elsewhere in the Contract. 
              Furthermore, in the case of commercial off-the-shelf software, 
              the Contractor's obligation to make the source code promptly 
              available to Canada for a purpose set out in subsection 1 
              shall apply only to source code that is within the control of 
              or can be obtained by the Contractor or any Subcontractor, 
              and in that event the Contractor shall, if requested by 
              Canada, make the source code available to Canada within 
              reasonable delivery times and on reasonable other commercial 
              terms." 
 
2.     Subsection 1 of section 10 of supplemental general conditions 9601-6 
       is deleted and replaced by the following:

       "10.   Waiver of Moral Rights

       1.     The Contractor shall provide to Canada, at the completion of 
              the Work or at such other time as the Minister may require, a 
              written permanent waiver of moral rights (as this term is 
              defined in the Copyright Act, R.S. 1985, c. C-42), in a form 
              acceptable to the Minister, from every author that 
              contributed to any Foreground Information which is subject to 
              copyright protection and which is deliverable to Canada under 
              the terms of the Contract."


2001-12-10SupersededK3025DARCHIVED License to Intellectual Property Rights in Background Information (Contractor Owns)
2001-05-25SupersededK3025DARCHIVED License to Intellectual Property Rights in Background Information (Contractor Owns)
2000-12-01SupersededK3025DARCHIVED Background Information Development Licence
1994-01-04SupersededK3025DARCHIVED Background Information Development Licence
1992-12-01SupersededK3025DARCHIVED Access to Background IP
1991-12-19SupersededK3025DARCHIVED Access to Background IP

K3030C

Effective Date
Item Status
ID
Title
2021-05-20ActiveK3030CLicense to Material Subject to Copyright

Remarks – Recommended Use of SACC Item

Use the following clause in contracts if the client department has decided that the copyright in the work will belong to the contractor but the client wishes to obtain a license to exercise all rights comprised in the copyright in the work arising in the contractor's performance of the contract.

Use this clause in conjunction with general conditions 2035 , 2010B and clause K3002C to delete the existing copyright clause. Do not use this clause in conjunction with general conditions 2040 .

Legal text for SACC item

  1. In this section, "Material" means anything that is created or developed by the Contractor as part of the Work under the Contract, and in which copyright subsists.
  2. The Contractor grants to Canada a non-exclusive, perpetual, irrevocable, world-wide, fully-paid and royalty-free license to exercise all rights comprised in the copyright in the Material, for any government purposes. Canada may use independent contractors in the exercise of Canada's license pursuant to this clause.
  3. Copyright in any translation of the Material made by or for Canada belongs to Canada. Canada agrees to reproduce the Contractor's copyright notice, if any, on all copies of the Material, and to acknowledge the Contractor's title to the copyright in the original Work on all copies of translations of the Material effected by or for Canada.
  4. No restrictions other than those set out in this section must apply to Canada's use of copies of the Material or of translated versions of the Material.
  5. At the request of Canada, the Contractor must provide to Canada, at the completion of the Work or at such other time as Canada may require, a written permanent waiver of moral rights, in a form acceptable to Canada, from every author that contributed to the Material. If the Contractor is an author of the Material, the Contractor permanently waives its moral rights in respect of the Material.
2010-01-11SupersededK3030CARCHIVED License to Material Subject to Copyright
2008-05-12SupersededK3030CARCHIVED License to Material Subject to Copyright

K3030D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK3030DARCHIVED License to Material Subject to Copyright

Remarks – Recommended Use of SACC Item

Use the following clause in combination with general conditions 9676 or 9601, 
and clause K3002D, in a Contract which does not involve any research and 
development, where it is anticipated that the intellectual property arising from 
the Work under the Contract, if any, will be negligible.  

The following clause may be used in combination with K3002D where the client 
department wishes to ensure that it obtains a license to exercise all rights 
comprised in the copyright, if any, in a protected Work arising in the 
Contractor's performance of the Contract, but does not require a license to 
exercise any other intellectual property rights arising from the Work under the 
Contract.

Do not use this clause in conjunction with general conditions 9624.

Legal text for SACC item

1.     In this clause, "Material" means anything that is created or 
       developed by the Contractor as part of the Work under the Contract, 
       and in which copyright subsists.

2.     The Contractor hereby grants to Canada a non-exclusive, perpetual, 
       irrevocable, world-wide, fully-paid and royalty-free license to 
       exercise all rights comprised in the copyright in the Material, for 
       any public purpose.

3.     Copyright in any translation of the Material made by or for Canada 
       shall vest in Canada.

4.     Canada may use independent contractors in the exercise of Canada's 
       license pursuant to this clause.

5.     Canada shall reproduce the Contractor's copyright notice, if any, on 
       all copies of the Material, and Canada shall acknowledge the 
       Contractor's title to the copyright in the original work on all 
       copies of translations of the Material effected by or for Canada.

6.     No restrictions other than those set out in this section shall apply 
       to Canada's use of copies of the Material or of translated versions 
       of the Material.

7.     At the request of the Minister, the Contractor shall provide to 
       Canada, at the completion of the Work or at such other time as the 
       Minister may require, a written permanent waiver of Moral Rights, in 
       a form acceptable to the Minister, from every author that 
       contributed to the Material.

8.     If the Contractor is an author of the Material, the Contractor 
       hereby permanently waives the Contractor's Moral Rights in respect 
       of the Material.


2001-05-25SupersededK3030DARCHIVED License to Material Subject to Copyright
2000-12-01SupersededK3030DARCHIVED Right to Use, Copy and Translate
1994-01-04SupersededK3030DARCHIVED Right to Use, Copy and Translate
1992-12-01SupersededK3030DARCHIVED Right to Use, Copy and Translate

K3053C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3053CPublication Rights

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when copyright belongs to Canada and the client department agrees to give publication rights at the request of the contractor.

This clause is not required if the contractor will own the intellectual property rights.

Legal text for SACC item

  1. In this section,
    1. "copyright work" means any work in which a copyright may subsist, produced in or as a result of performing the Contract;
    2. "publication" or "publish" do not include disclosure to an academic supervisor or appraiser, for the sole purpose of academic evaluation.
  2. Canada grants to the Contractor and to the author a royalty-free non-exclusive license to publish or have published any copyright work in the course of the normal dissemination of knowledge in the subject field. The Contractor or the author must not however publish or have published any copyright work during the performance of the Contract or for a period of ________ (insert the the number of days, months or years) after without obtaining before the written consent of Canada.
  3. Any copyright work published by or on behalf of the Contractor or the author must acknowledge that the Work was performed under the Contract with Canada, unless specified otherwise by Canada.
2004-05-14SupersededK3053CARCHIVED Publication Rights

K3200T

Effective Date
Item Status
ID
Title
2023-06-08ActiveK3200TBasis for Canada's Ownership of Intellectual Property

Remarks – Recommended Use of SACC Item

Use this clause in all bid solicitations when the client department or agency has determined that Canada will own any intellectual property arising from the work under the contract.

Contracting officers will insert one or more of the following reasons for Canada to claim ownership of the intellectual property rights in foreground information, as identified by the client department or agency, based on the exceptions or exemption set out in the Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts :

  • national security;
  • statutes, regulations or prior obligations of Canada to a third party or parties preclude Contractor ownership of the Intellectual Property Rights in Foreground Information;
  • the Bidder declares in writing that they are not interested in owning the Intellectual Property Rights in Foreground Information;
  • the main purpose of the Contract, or of the deliverables contracted for, is to generate knowledge and information for public dissemination;
  • the main purpose of the Contract, or of the deliverables contracted for, is to augment an existing body of Canada's Background Information as a prerequisite to the transfer of the expanded Background to the private sector, through licensing or assignment of ownership (not necessarily to the original Contractor), for the purposes of Commercial Exploitation;
  • the main purpose of the Contract, or of the deliverables contracted for, is to deliver a not-yet fully developed component or subsystem that will be incorporated into a complete system at a later date, as a prerequisite to the planned transfer of the complete system to the private sector, through licensing or assignment of ownership, for the purposes of Commercial Exploitation;
  • the Intellectual Property in Foreground Information consists of material subject to copyright, with the exception of computer software and all documentation pertaining to that software;
  • an exemption has been granted through a Treasury Board submission.

Legal text for SACC item

The _____ (insert the name of the client department or agency) has determined that any intellectual property rights arising from the performance of the Work under the resulting contract will belong to Canada, for the following reasons, as set out in the Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts: _____ (insert one or more of the reasons listed above for Canada to claim ownership of Intellectual Property Rights in Foreground Information).

2016-01-28SupersededK3200TARCHIVED Basis for Canada's Ownership of Intellectual Property
2008-12-12SupersededK3200TARCHIVED Basis for Canada's Ownership of Intellectual Property
2008-05-12SupersededK3200TARCHIVED Basis for Canada's Ownership of Intellectual Property
2003-05-30SupersededK3200TARCHIVED Basis for Canada's Ownership of Intellectual Property
2001-05-25SupersededK3200TARCHIVED Basis for Canada's Ownership of Intellectual Property
1994-01-04SupersededK3200TARCHIVED Ownership of Intellectual Property
1991-12-19SupersededK3200TARCHIVED Ownership of Intellectual Property

K3300D

Effective Date
Item Status
ID
Title
1992-12-01CancelledK3300DARCHIVED Intellectual Property Rights

Remarks – Recommended Use of SACC Item

Research and Development Clause - Canada Retains Intellectual Property Rights

Use the following clause in a contract or part of a contract involving research 
and development that is for the purchase of goods, where Canada may require the 
right to use the contractor's Background Intellectual Property for the operation 
or maintenance of the goods.  Use clause K3301D in any contract or part of a 
contract that is primarily for research and development, including a contract 
that is for the design phases of a multi-phase procurement of a major system, 
and where Canada will retain title to intellectual property developed under the 
contract.  Do not use in conjunction with General Conditions DSS-MAS 9076, or 
with General Conditions DSS-MAS 9224 which have their own clauses.

NOTE:  This clause must be used in conjunction with clause K3400D.

Legal text for SACC item

(1)    In the Contract:

       (a)    "Background Intellectual Property" means all Technical 
              Information that is not Foreground Intellectual Property, and 
              that is proprietary to the Contractor, its subcontractors or 
              any other supplier of the Contractor;

       (b)    "Foreground Intellectual Property" means any Invention first 
              conceived, developed or reduced to practice as part of the 
              Work under the Contract and all Technical Information 
              collected, developed or produced as part of the Work under 
              the Contract;

       (c)    "Invention" means any new and useful art, process, 
              methodology, technique, machine, manufacture or composition 
              of matter, or any new and useful improvement of any art, 
              process, methodology, technique, machine, manufacture or 
              composition of matter, whether or not patentable; and

       (d)    "Technical Information" means all information of a scientific 
              or technical nature relating to the Work, whether oral or 
              recorded in any form or medium and whether or not 
              copyrightable, including but not limited to Inventions, 
              designs, methods, processes, techniques, know-how, reports, 
              drawings, plans, specifications, photographs, models, 
              prototypes, patterns, samples, schematics, experimental or 
              test data, and computer software, source code, data files, 
              and documentation.

(2)    The Contractor shall promptly report and fully disclose to the 
       Minister the conception, development, or reduction to practice of 
       any Invention that could be Foreground Intellectual Property, and 
       shall report and fully disclose to the Minister all other Foreground 
       Intellectual Property at the completion of the Work or at such other 
       time as the Minister or the Contract may require.

(3)    Copyright, patent and all other proprietary rights to all Foreground 
       Intellectual Property shall, immediately upon its conception, 
       development, reduction to practice or production, vest in and remain 
       the property of Canada, and the Contractor agrees that it shall have 
       no right in or to any such Foreground Intellectual Property except 
       any right that may be granted by Canada.  The Contractor hereby 
       permanently waives its moral rights, as defined in the Copyright Act, 
       R.S.C. 1985, c. C-42, to all Technical Information conceived, 
       prepared or developed by the Contractor as part of the Work under 
       the Contract, and shall provide to Canada, at the completion of the 
       Contract or at such other time as the Contract or the Minister may 
       require, a written permanent waiver of such moral rights from every 
       author who contributed to such Technical Information in a form 
       acceptable to the Minister.

(4)    Where the Contract involves the custom design or manufacture of any 
       part of the Work, the Contractor hereby grants to Canada a 
       non-exclusive, irrevocable, world-wide, fully paid and royalty-free 
       licence to use such of the Background Intellectual Property 
       incorporated into the Work or necessary for the performance of the 
       Work as may be required solely for the following purposes:

       (a)    for the operation, maintenance, repair or overhaul of that 
              part of the Work;

       (b)    for the purpose of manufacturing spare parts for maintenance, 
              repair or overhaul of that part of the Work by Canada if 
              those parts are not reasonably available to enable timely 
              maintenance, repair or overhaul; and

       (c)    solely for the purposes set out in paragraphs (a) and (b), 
              and only if the Contractor is unable or unwilling to carry 
              out the maintenance, repair or overhaul or provide the spare 
              parts on reasonable commercial terms and within reasonable 
              delivery times, to disclose the necessary Background 
              Intellectual Property to a contractor to be used only for 
              that purpose;

       and the Contractor agrees to make any such Background Intellectual 
       Property promptly available to Canada for any such purpose.

(5)    The Contractor shall not, without the written permission of the 
       Minister, incorporate into the Work any Background Intellectual 
       Property unless it owns or has procured the rights to the 
       intellectual property necessary to comply with subsections (3) and (
       4).

(6)    The Contractor shall not at any time use or disclose to any person 
       any Foreground Intellectual Property referred to in subsection (3) 
       except as may be necessary to carry out the Work under the Contract, 
       and shall not sell, other than to Canada, any articles or things 
       embodying any such Foreground Intellectual Property.  Subject to the 
       Access to Information Act, R.S.C. 1985, c. A-1 and to any right of 
       Canada under this Contract to sublicense the use of the Background 
       Intellectual Property, Canada shall not release or disclose outside 
       the Government of Canada any Background Intellectual Property 
       incorporated into or used in the Work.  The foregoing obligations of 
       a party do not apply to any intellectual property if the same 
       information:

       (a)    is publicly available from a source other than that party; 
       (b)    is or becomes known to that party from a source other than 
              the other party, except from any source that is known to that 
              party to be under an obligation to the other party not to 
              disclose the intellectual property; or

       (c)    in the case of Canada, is independently developed by Canada.

(7)    Before or after final payment to the Contractor, the Minister shall 
       have the right to examine all records and supporting data of the 
       Contractor which the Minister reasonably deems pertinent to the 
       discovery or identification of Technical Information to which 
       subsection (2) applies.

(8)    Where title to or the copyright, patent, or other proprietary rights 
       in Technical Information or any other thing or information vests in 
       Canada under the Contract, the Contractor shall execute such 
       conveyances or other documents relating to title or copyright, 
       patent, or other proprietary rights as the Minister may require, and 
       the Contractor shall, at Canada's expense, afford the Minister all 
       reasonable assistance in the prosecution of any patent application 
       or registration of copyright or an industrial design, including the 
       assistance of the inventor in the case of Inventions.


1991-12-19SupersededK3300DARCHIVED Intellectual Property Rights

K3301D

Effective Date
Item Status
ID
Title
1992-12-01CancelledK3301DARCHIVED Intellectual Property Rights

Remarks – Recommended Use of SACC Item

Research and Development Clause - Canada Retains Intellectual Property Rights

Use the following clause in a contract or part of a contract that is for 
research and development, including a contract that is for the design phases of 
a multi-phase procurement of a major system, and where Canada will retain title 
to intellectual property developed under the contract.  Do not use in 
conjunction with General Conditions DSS-MAS 9076, or with General Conditions 
DSS-MAS 9224 which have their own clauses.

An alternative to the use of this clause with a set of general conditions is to 
use General Conditions DSS-MAS 9224 with clause K3302D.

NOTE:  This clause must be used in conjunction with clause 3400D.

Legal text for SACC item

(1)    In the Contract:

       (a)    "Background Intellectual Property" means all Technical 
              Information that is not Foreground Intellectual Property, and 
              that is proprietary to the Contractor, its subcontractors or 
              any other supplier of the Contractor;

       (b)    "Foreground Intellectual Property" means any Invention first 
              conceived, developed or reduced to practice as part of the 
              Work under the Contract and all Technical Information 
              collected, developed or produced as part of the Work under 
              the Contract;

       (c)    "Invention" means any new and useful art, process, 
              methodology, technique, machine, manufacture or composition 
              of matter, or any new and useful improvement of any art, 
              process, methodology, technique, machine, manufacture or 
              composition of matter, whether or not patentable; and

       (d)    "Technical Information" means all information of a scientific 
              or technical nature relating to the Work, whether oral or 
              recorded in any form or medium and whether or not 
              copyrightable, including but not limited to Inventions, 
              designs, methods, processes, techniques, know-how, reports, 
              drawings, plans, specifications, photographs, models, 
              prototypes, patterns, samples, schematics, experimental or 
              test data, and computer software, source code, data files, 
              and documentation.

(2)    The Contractor shall promptly report and fully disclose to the 
       Minister the conception, development, or reduction to practice of 
       any Invention that could be Foreground Intellectual Property, and 
       shall report and fully disclose to the Minister all other Foreground 
       Intellectual Property at the completion of the Work or at such other 
       time as the Minister or the Contract may require.

(3)    Copyright, patent and all other proprietary rights to all Foreground 
       Intellectual Property shall, immediately upon its conception, 
       development, reduction to practice or production, vest in and remain 
       the property of Canada, and the Contractor agrees that it shall have 
       no right in or to any such Foreground Intellectual Property except 
       any right that may be granted by Canada.  The Contractor hereby 
       permanently waives its moral rights, as defined in the Copyright Act, 
       R.S.C. 1985, c. C-42, to all Technical Information conceived, 
       prepared or developed by the Contractor as part of the Work under 
       the Contract, and shall provide to Canada, at the completion of the 
       Contract or at such other time as the Contract or the Minister may 
       require, a written permanent waiver of such moral rights from every 
       author who contributed to such Technical Information in a form 
       acceptable to the Minister.

(4)    The Contractor shall, not later than one month after the effective 
       date of the Contract, provide to the Minister a detailed list of all 
       of the Background Intellectual Property that might be used or 
       required by the Contractor or any of its subcontractors or suppliers 
       in the performance of the Contract.  All Technical Information used 
       in or incorporated into the Work under the Contract that is not 
       included in the list of Background Intellectual Property provided by 
       the Contractor shall be deemed to be Foreground Intellectual 
       Property that is subject to subsection (3).

(5)    The Contractor shall not, without the written permission of the 
       Minister, incorporate into the Work any Background Intellectual 
       Property unless it owns or has procured the rights to the 
       intellectual property necessary to comply with subsection (3).

(6)    The Contractor shall not at any time use or disclose to any person 
       any Foreground Intellectual Property referred to in subsection (3) 
       except as may be necessary to carry out the Work under the Contract, 
       and shall not sell, other than to Canada, any articles or things 
       embodying any such Foreground Intellectual Property.  Subject to the 
       Access to Information Act, R.S.C. 1985, c. A-1 and to any right of 
       Canada under this Contract to sublicense the use of the Background 
       Intellectual Property, Canada shall not release or disclose outside 
       the Government of Canada any Background Intellectual Property 
       incorporated into or used in the Work.  The foregoing obligations of 
       a party do not apply to any intellectual property if the same 
       information:

       (a)    is publicly available from a source other than that party;

       (b)    is or becomes known to that party from a source other than 
              the other party, except from any source that is known to that 
              party to be under an obligation to the other party not to 
              disclose the intellectual property; or

       (c)    in the case of Canada, is independently developed by Canada.

(7)    Before or after final payment to the Contractor, the Minister shall 
       have the right to examine all records and supporting data of the 
       Contractor which the Minister reasonably deems pertinent to the 
       discovery or identification of Technical Information to which 
       subsection (2) applies.
 
(8)    Where title to or the copyright, patent, or other proprietary rights 
       in Technical Information or any other thing or information vests in 
       Canada under the Contract, the Contractor shall execute such 
       conveyances or other documents relating to title or copyright, 
       patent, or other proprietary rights as the Minister may require, and 
       the Contractor shall, at Canada's expense, afford the Minister all 
       reasonable assistance in the prosecution of any patent application 
       or registration of copyright or an industrial design, including the 
       assistance of the inventor in the case of Inventions.

1991-12-19SupersededK3301DARCHIVED Intellectual Property Rights

K3302D

Effective Date
Item Status
ID
Title
1992-12-01CancelledK3302DARCHIVED Intellectual Property Rights

Remarks – Recommended Use of SACC Item

Research and Development Clauses - Crown Retains Intellectual Property Rights

Use the following clause to replace sections 13, 14, and 15 of General 
Conditions DSS-MAS 9224 where Canada will retain title to intellectual property 
developed under the contract.

NOTE:	This clause must be used in conjunction with clause K3400D.

Legal text for SACC item

(1)    Ownership of all Technical Documentation and Prototypes produced by 
       the Contractor in the performance of the Work under the Contract 
       shall, at the time of such production, vest and remain in Her 
       Majesty, and the Contractor shall account fully to the Minister in 
       respect of the foregoing in such manner as the Minister shall direct. 

(2)    All Technical Documentation shall contain the copyright symbol and 
       the following notice:

       HER MAJESTY THE QUEEN IN RIGHT OF CANADA (YEAR) AS REPRESENTED BY 
       THE MINISTER OF (INSERT THE NAME OF THE GOVERNMENT DEPARTMENT OR 
       AGENCY FOR WHICH THE WORK IS BEING PERFORMED). 

(3)    Ownership of all Technical Information and Inventions conceived or 
       developed or first actually reduced to practice in the performance 
       of the Work under the Contract shall, when conceived, developed or 
       reduced to practice, vest and remain in Her Majesty. Unless 
       otherwise specified in the Contract, the Contractor shall not at any 
       time divulge nor use such Technical Information and Inventions, 
       other than in performing the Work under the Contract, and shall not 
       sell, other than to Her Majesty, any Technical Documentation, 
       articles or things containing or embodying such Technical 
       Information and Inventions. 

(4)    The Contractor agrees to

       (a)    establish and maintain active and effective procedures, 
              including the maintenance of records reasonably necessary to 
              document the conception and the development of Inventions, to 
              ensure that any and all Inventions arising during the course 
              of the Work are properly identified and timely disclosed to 
              Her Majesty; and 

       (b)    forward immediately and without delay, in writing, all 
              disclosures of Inventions and Technical Information to the 
              Science Procurement Officer in a form satisfactory to the 
              Science Procurement Officer. 

(5)    Before or after final payment hereunder, the Minister shall have the 
       right to examine all books, records, documents and other supporting 
       data of the Contractor which the Minister reasonably deems pertinent 
       to the discovery or identification of Inventions and Technical 
       Information arising in the course of Work performed under the 
       Contract or to the determination of compliance with the requirements 
       of the Contract. 

(6)    The Contractor shall, at Her Majesty's expense, afford the Minister 
       and the Scientific Authority all reasonable assistance in the 
       prosecution of any patent application or copyright registration 
       which either of them may undertake with respect to the Work, 
       including access to the inventor in the case of Inventions. 

(7)    The Contractor shall, upon the written request of the Minister, 
       furnish all related logistic support and life cycle support data 
       relating to the Work, including lists of suppliers, vendor part 
       numbers, and related drawings, and shall exercise its best efforts 
       to do so at no extra cost to Her Majesty. 

(8)    Where copyright or title to an Invention or any other thing or 
   information vests in Her Majesty under the Contract, the Contractor 
   shall execute such conveyances and other documents relating to copyright 
   or title as the Minister may require.  

K3305C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3305CLicense to Intellectual Property Rights in Foreground Information

Remarks – Recommended Use of SACC Item

Use the following clause in contracts if Canada owns the foreground information and when supplemental general conditions 4007 or clause K3410C form part of the contract, if Canada is prepared, at the time of contract, to consider granting the contractor a license to exercise the Intellectual Property Rights in the Foreground Information owned by Canada for commercial exploitation or further development.

Article 9.1 of the Intellectual Property Policy states that Canada should not unreasonably refuse to grant a license to the contractor for the contractor's use of the Foreground Information.

Legal text for SACC item

  1. Subject to subsection 2, if the Contractor wishes to make use of the Foreground Information for purposes of its commercial exploitation or further development, the Contractor may make a written request for a license to the client department or agency for whom the Work is being or was performed. Such a request should be made within thirty (30) working days following the performance of the Work. The Contractor must give the client department or agency an explanation as to why such a license is required. The client department or agency must respond in writing to the request within a reasonable period of time. If the request is refused the response must provide an explanation for the refusal. If the client department or agency agree to grant the license, it will be on conditions to be negotiated between the Contractor and the client department or agency.
  2. When the Work under the Contract involves the preparation of a database or other compilation using information or data supplied by Canada, or personal information (as this term is defined in the Privacy Act, R.S., 1985, c. P-21) collected by the Contractor as part of the Work, then the license referred to in subsection 1 will be restricted to the Intellectual Property Rights in Foreground Information that are capable of being exploited without the use of such information or data or personal information.

K3305D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK3305DARCHIVED License to Intellectual Property Rights in Foreground Information (Royalty Free)

Remarks – Recommended Use of SACC Item

Use the following clause where Canada is to own the foreground information and 
where supplemental general conditions 9601-7 form part of the Contract, if 
Canada is prepared, at the time of Contract, to consider granting the Contractor 
a license to exercise the Intellectual Property Rights in the Foreground 
Information owned by Canada.

Article 9.1 of the Intellectual Property (IP) Policy states that Canada should 
not unreasonably refuse to grant a license to the Contractor for the 
Contractor's use of the Foreground Information.

Article 9.2 of the IP Policy states that where the reason which was invoked for 
Canada's ownership of the Intellectual Property Rights in the Foreground 
Information was either:

1. 	that the main purpose of the Contract, or of the deliverables contracted 
for, is to augment an existing body of Canada's background information rights as 
a prerequisite to their planned transfer to the private sector at a later date, 
through licensing or assignment of ownership to another person, for the purposes 
of commercial exploitation; or

2. 	that the main purpose of the Contract, or of the deliverables contracted 
for, is to deliver a component or subsystem that will be incorporated into a 
complete system at a later date, as a prerequisite to the planned transfer of 
the complete system to the private sector, through licensing or assignment of 
ownership, for purposes of commercial exploitation,

then when Canada grants a license for the Foreground Information, the license 
must be royalty-free.  The following clause applies in those circumstances.

Legal text for SACC item

1.     Subject to subsection 2, if the Contractor wishes to make use of the 
       Foreground Information for purposes of its commercial exploitation 
       or further development, then the Contractor may make a written 
       request for a license to the minister for whose department or agency 
       the Work is being or was carried out.  Such a request should be made 
       within thirty (30) working days following completion of the Work.  
       The Contractor shall give that minister an explanation as to why 
       such a license is required.  That minister shall respond in writing 
       to any request for such a license within a reasonable period of time.  
       If the request is refused the response shall provide an explanation 
       for the refusal.  Should the minister for whose department the work 
       is being or was carried out agree to grant such a license, it shall 
       be on terms and conditions to be negotiated between the Contractor 
       and that minister.

2.     Where the Work under the Contract involves the preparation of a 
       database or other compilation using information or data supplied by 
       Canada, or personal information (as this term is defined in the 
       Privacy Act (R.S.C., c. P-21)) collected by the Contractor as part 
       of the Work, then the license referred to in subsection 1 shall be 
       restricted to the Intellectual Property Rights in Foreground 
       Information that are capable of being exploited without the use of 
       such information or data or personal information. 

2001-05-25SupersededK3305DARCHIVED License to Intellectual Property Rights in Foreground Information (Royalty Free)
2000-12-01SupersededK3305DARCHIVED License to Foreground Information
1994-01-04SupersededK3305DARCHIVED License to Foreground Information
1991-12-19SupersededK3305DARCHIVED Licence to Intellectual Property

K3306D

Effective Date
Item Status
ID
Title
2001-05-25SupersededK3306DARCHIVED License to Intellectual Property Rights in Foreground Information (Possible Royalty)

Remarks – Recommended Use of SACC Item

Use the following clause where Canada is to own the Foreground Information, if 
the Crown is prepared, at the time of the Contract, to consider granting the 
Contractor a license to exercise the Intellectual Property Rights in the 
Foreground Information owned by Canada, on terms and conditions that could 
include the payment of a royalty by the Contractor.

Article 9.1 of the Intellectual Property (IP) Policy states that the Crown 
should not unreasonably refuse to grant a license to the Contractor for the 
Contractor's use of the Foreground Information.  Where the client department is 
relying on any exception in the IP Policy for Canada's ownership of the 
Intellectual Property Rights in the Foreground Information other than those 
exceptions set out in 6.4.2 or 6.4.3 of the IP Policy, or in the event that 
6.4.2 or 6.4.3 of the IP Policy was invoked by the Crown but a license is to be 
granted to the Contractor as part of the transfer of the final product or 
complete system to the private sector, then the following clause may be used.

Legal text for SACC item

1.     Subject to subsection 2, if the Contractor wishes to make use of the 
       Foreground Information for purposes of its commercial exploitation 
       or further development, then the Contractor may make a written 
       request for a license to the minister for whose department or agency 
       the Work is being or was carried out.  Such a request should be made 
       within thirty (30) working days following completion of the Work.  
       The Contractor shall give that minister an explanation as to why 
       such a license is required.  That minister shall respond in writing 
       to any request for such a license within a reasonable period of time.  
       If the request is refused the response shall provide an explanation 
       for the refusal.  Should the minister for whose department the work 
       is being or was carried out agree to grant such a license, it shall 
       be on terms and conditions to be negotiated between the Contractor 
       and that minister.  It is understood that those terms may include 
       payment of compensation to Canada.

2.     Where the Work under the Contract involves the preparation of a 
       database or other compilation using information or data supplied by 
       Canada, or personal information (as this term is defined in the 
       Privacy Act (R.S.C., c. P-21)) collected by the Contractor as part 
       of the Work, then the license referred to in subsection 1 shall be 
       restricted to the Intellectual Property Rights in Foreground 
       Information that are capable of being exploited without the use of 
       such information or data or such personal information.

K3310C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3310CNo Right for Contractor to Sub-license

Remarks – Recommended Use of SACC Item

Use the following clause in contracts only if Canada owns the Intellectual Property Rights in the Foreground Information pursuant to the conditions of the contract and agrees to grant a license to the contractor to use the foreground information without the right to sublicense the use of that foreground information.

Use this clause in conjunction with K3305C .

Legal text for SACC item

The Contractor does not have the right to sub-license or otherwise authorize any party to exercise any of the Intellectual Property Rights in the Foreground Information.

K3310D

Effective Date
Item Status
ID
Title
2001-05-25SupersededK3310DARCHIVED No Right for Contractor to Sub-license

Remarks – Recommended Use of SACC Item

Use the following clause only where Canada is to own the Intellectual Property 
Rights in the Foreground Information pursuant to the terms of the Contract

The following clause may be used where Canada is to own the Intellectual 
Property Rights in the Foreground Information but Canada is prepared to license 
the Contractor to exercise same.

Add the following clause if the Contractor is not to be permitted to sub-license 
the use of the Foreground Information.

Legal text for SACC item

The Contractor shall not have the right to sub-license or otherwise 
authorize any party to exercise any of the Intellectual Property Rights in 
the Foreground Information.


2000-12-01SupersededK3310DARCHIVED No Right for Contractor to Sub-license
1994-01-04SupersededK3310DARCHIVED No Right for Contractor to Sublicense
1991-12-19SupersededK3310DARCHIVED No Right for Contractor to Sublicense

K3315C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3315CLicense to Intellectual Property Rights in Canada-owned Information

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when Canada will own the foreground information pursuant to supplemental general conditions 4007 or clause K3410C , if the client department or agency agrees to grant the contractor access to Canada-owned information for purposes of contractor's further development or commercial exploitation of the licensed foreground information, where such development and commercial exploitation is permitted under the license from Canada. Such a license to Canada-owned information would be negotiated separately between the client department or agency and the contractor.

If appropriate, replace "certain Canada-owned information" by a list of specific items Canada may be willing to licence to the contractor.

Use this clause in conjunction with K3305C .

Legal text for SACC item

If the Contractor wishes to make use of certain Canada-owned information for purposes of the commercial exploitation or further development of the Foreground Information licensed to the Contractor, the Contractor may make a written request for a license to exercise the required Intellectual Property Rights in such Canada-owned information, to the client department or agency for whom the Work is or was performed. The Contractor must give the client department or agency an explanation as to why such a license is required. The client department or agency must respond in writing to any request for such a license within a reasonable period of time. If the client department or agency agree to grant such a license, it will be on conditions to be negotiated between the Contractor and the client department or agency. It is understood that those conditions may include payment of compensation to Canada.

K3315D

Effective Date
Item Status
ID
Title
2004-12-10SupersededK3315DARCHIVED License to Intellectual Property Rights in Canada-owned Information

Remarks – Recommended Use of SACC Item

Use the following clause where Canada will own the foreground information 
pursuant to supplemental general conditions 9601-7 or clause K3410D, where 
K3305D or K3306D will be used and where the client department is, at the time of 
the Contract, prepared to grant the Contractor access to Canada-owned 
information for purposes of Contractor's further development or commercial 
exploitation of the foreground information, where such development and 
commercial exploitation is permitted under license from Canada.  Such a license 
to Canada-owned information would be negotiated separately between Canada and 
the Contractor, for purposes of the commercial exploitation of the foreground 
information.

If appropriate, replace "certain Canada-owned information" by a list of specific 
items Canada may be willing to licence to the Contractor.

Legal text for SACC item

If the Contractor wishes to make use of certain Canada-owned information 
for purposes of the commercial exploitation or further development of the 
Foreground Information, and where Canada has granted or grants a license to 
the Intellectual Property Rights in the Foreground Information for such 
purposes, then the Contractor may make a written request for a license to 
exercise the required Intellectual Property Rights in such Canada-owned 
information, to the minister for whose department or agency the Work is 
being or was carried out.  The Contractor shall give that minister an 
explanation as to why such a license is required.  That minister shall 
respond in writing to any request for such a license within a reasonable 
period of time.  Should the minister for whose department the Work is being 
or was carried out agree to grant such a license, it shall be on terms and 
conditions to be negotiated between the Contractor and that minister.  It 
is understood that those terms may include payment of compensation to 
Canada.


2001-05-25SupersededK3315DARCHIVED License to Intellectual Property Rights in Canada-owned Information
2000-12-01SupersededK3315DARCHIVED Licence to Canada's Information
1994-01-04SupersededK3315DARCHIVED License to Canada's Information
1991-12-19SupersededK3315DARCHIVED Licence to Intellectual Property

K3320D

Effective Date
Item Status
ID
Title
2004-12-10CancelledK3320DARCHIVED License to Intellectual Property Rights in Background Information

Remarks – Recommended Use of SACC Item

Use this clause where the Contractor is engaged to, essentially, produce a new 
product and where the Responsible Department has determined that it wishes to 
have a broader license to the Contractor's Background Information to allow for 
further development of that product, including, possibly, production of it for 
Canada's use.

Legal text for SACC item

Section 04 of supplemental general conditions 9601-7 is deleted and 
replaced by the following:

       "04    License to Intellectual Property Rights in Background 
              Information

       1.     Without restricting the scope of any license or other right 
              in the Background Information that Canada may otherwise hold, 
              the Contractor hereby grants to Canada a non-exclusive, 
              perpetual, irrevocable, worldwide, fully-paid and 
              royalty-free license to exercise such of the Intellectual 
              Property Rights in any Background Information incorporated 
              into the Work or necessary for the performance of the Work as 
              may be required in order for Canada to exercise its 
              Intellectual Property Rights in the Foreground Information.  
              The Contractor agrees, subject to subsection 4, to make any 
              such Background Information (including, in the case of 
              Software, source code) promptly available to Canada for any 
              such purpose.

       2.     The Contractor acknowledges that Canada may wish to award 
              contracts for a purpose contemplated in subsection 1 and that 
              such contract awards may follow a competitive process.  The 
              Contractor agrees that Canada's license in relation to the 
              Intellectual Property Rights in the Background Information 
              includes the right to disclose the Background Information to 
              bidders for such contracts and to sublicense or otherwise 
              authorize the use of that information by any contractor 
              engaged by Canada solely for the purpose of carrying out such 
              a contract.  Canada shall require bidders and the Contractor 
              not to use or disclose any Background Information except as 
              may be necessary to bid for or to carry out that contract.

       3.     Where the Intellectual Property Rights in any Background 
              Information are owned by a Subcontractor at any tier, the 
              Contractor shall either obtain a license from that 
              Subcontractor that permits compliance with subsections 1 and 
              2 or arrange for the Subcontractor to convey directly to 
              Canada the same rights by execution of the form provided for 
              that purpose by the Minister, in which case the Contractor 
              shall deliver that form to the Minister, duly completed and 
              executed by the Subcontractor, no later than the time of 
              disclosure to Canada of that Background Information.

       4.     Notwithstanding subsection 1, the license set out therein 
              shall not apply to any Software that is subject to detailed 
              license conditions that are set out elsewhere in the Contract.  
              Furthermore, in the case of commercial off-the-shelf software, 
              the Contractor's obligation to make the source code promptly 
              available to Canada for a purpose set out in subsection 1 
              shall apply only to source code that is within the control of 
              or can be obtained by the Contractor or any subcontractor, 
              and in that event the Contractor shall, if requested by 
              Canada, make the source code available to Canada within 
              reasonable delivery times and on reasonable other commercial 
              terms."


2001-12-10SupersededK3320DARCHIVED License to Intellectual Property Rights in Background Information
2001-05-25SupersededK3320DARCHIVED Alternative Background License (Broader)

K3400D

Effective Date
Item Status
ID
Title
2000-12-01CancelledK3400DARCHIVED Intellectual Propriety Condition Substitutions

Remarks – Recommended Use of SACC Item

This clause must be used in conjunction with the basic "Intellectual Property 
Rights" clauses: K3000D, K3001D, K3002D, K3300D, K3301D AND K3302D, TO CLEARLY 
STIPULATE which sections of the general condition sets are being replaced.

Legal text for SACC item

Clause _____ (number), _____(title), referenced in this document, replaces 
the following provisions of the General Conditions and Supplemental General 
Conditions:

[Delete those items that do not apply, as well as this instruction]

       DSS-MAS 1026A: section 18 (Patent Licences and Use of Technical 
Information)

       DSS-MAS 1026B: section 17 (Patent Licences and Use of Technical 
Information)

       DSS-MAS 1036: section 04 (Ownership of Inventions).


1994-01-04SupersededK3400DARCHIVED Intellectual Propriety Condition Substitutions
1992-12-01SupersededK3400DARCHIVED Intel. Prop. Condition Substitutions
1992-04-01SupersededK3400DARCHIVED Intel. Prop. Condition Substitutions
1991-12-19SupersededK3400DARCHIVED Intel. Prop. Condition Substitutions

K3405D

Effective Date
Item Status
ID
Title
2001-05-25CancelledK3405DARCHIVED Foreground Information License Amendment

Remarks – Recommended Use of SACC Item

Use this clause in conjunction with DSS-MAS 9601-6, "Contractor to Own 
Intellectual Property Rights in Foreground Information", where Canada requires 
the right to make, copy, translate, use, practice, produce or further develop 
designs and other intellectual property developed under the contract for any 
government purpose except sale or licensing in commercial competition with the 
contractor.

Legal text for SACC item

Subsection 04 of DSS-MAS 9601-6, "Contractor to Own Intellectual Property 
Rights in Foreground Information", is amended by deleting paragraph 1. in 
its entirety and by substituting the following therefor:

       04     License to Intellectual Property Rights in Foreground 
              Information

       "1.    The Contractor hereby grants to Canada a non-exclusive, 
              irrevocable, worldwide, fully-paid and royalty-free license 
              to make, copy, translate, use, practice, produce or further 
              develop all Foreground Information for any government purpose 
              except sale or licensing in commercial competition with the 
              Contractor. Canada's license also includes the right to 
              disclose the Foreground Information to other governments for 
              information purposes only.  Without limiting the foregoing, 
              Canada's license with respect to any Foreground Information 
              that is Software includes the right to modify that Software, 
              and, where applicable, to use it, or any modified form of it, 
              on any and all computer systems owned, leased or operated by 
              Canada anywhere in the world."


2000-12-01SupersededK3405DARCHIVED Foreground Information Licence Amendment
1994-01-04SupersededK3405DARCHIVED Foreground Information License Amendment

K3410C

Effective Date
Item Status
ID
Title
2022-12-01ActiveK3410CCanada to own intellectual property rights in foreground information

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when there is an element of intellectual property and Canada is to own intellectual property rights in foreground information.

Use this clause in conjunction with general conditions 2040 where Canada is to own the foreground information.

Legal text for SACC item

  1. The general conditions 2040 are amended by deleting the sections entitled "Records and Disclosure of Foreground Information", Ownership of Intellectual Property Rights in Foreground Information", "Licenses to Intellectual Property Rights in Foreground and Background Information", "Contractor's Rights to Grant Licenses", "Waiver of Moral Rights", "License to Intellectual Property Rights in Canada's Information", "Transfer or License of Contractor's Rights", "Transfer of Intellectual Property Rights upon Termination of the Contract for Default", and "Products Created Using the Foreground Information" in their entirety. This section applies in lieu of those sections.
  2. Record Keeping and Provision of Information
    1. During and after the performance of the Contract, the Contractor must keep detailed records of the Foreground Information, including details of its creation. The Contractor must report and fully disclose to Canada all Foreground Information as required by the Contract. If the Contract does not specifically state when and how the Contractor must do so, the Contractor must provide this information if requested by the Contracting Authority, whether before or after the completion of the Contract.
    2. Before and after final payment to the Contractor, the Contractor must provide Canada with access to all records and supporting data that Canada considers pertinent to the identification of Foreground Information.
    3. For any Intellectual Property that was developed or created in relation to the Work, Canada will be entitled to assume that it was developed or created by Canada, if the Contractor's records do not list that Intellectual Property or do not indicate that it was created by the Contractor, or by someone on behalf of the Contractor, other than Canada.
  3. Contractor Requirements
    1. All Intellectual Property rights in the Foreground Information belong to Canada as soon as they come into existence. The Contractor has no right in or to any such Intellectual Property Rights in the Foreground Information, except any right that may be granted in writing by Canada.
    2. The Contractor must incorporate the copyright symbol and one of the following notices, as appropriate into all Foreground Information that is subject to copyright regardless of the form or medium upon which it is recorded: © His Majesty the King in Right of Canada (year), or © Sa Majesté le Roi du chef du Canada (year).
    3. The Contractor must execute any documents relating to the Intellectual Property Rights in the Foreground Information as Canada may require. The Contractor must, at Canada's expense, provide Canada all reasonable assistance in the preparation of applications and in the prosecution of any applications for registration of any Intellectual Property Rights in any jurisdiction, including the assistance of the inventor in the case on inventions.
  4. Licensing Requirements
    1. The Contractor grants to Canada a license to use the Background Information to the extent that it is reasonably necessary for Canada to exercise fully all its rights in the deliverables and in the Foreground Information. This license is non-exclusive, perpetual, irrevocable, worldwide, fully-paid and royalty-free. The license cannot be restricted in any way by the Contractor providing any form of notice to the contrary, including the wording on any shrink-wrapped license attached to any deliverable.
    2. For greater certainty, Canada's license in the Background Information includes, but is not limited to:
      1. the right to disclose the Background Information to third parties bidding on or negotiating contracts with Canada and to sublicense or otherwise authorize the use of that information by any contractor engaged by Canada solely for the purpose of carrying out such contracts. Canada will require these third parties and contractors not to use or disclose that information except as may be necessary to bid, negotiate or carry out those contracts;
      2. the right to disclose the Background Information to other governments for information purposes;
      3. the right reproduce, modify, improve, develop or translate the Background Information or have it done by a person hired by Canada. Canada, or a person designated by Canada, will own the Intellectual Property Rights associated with reproduction, modification, improvement, development or translation.
      4. without restricting the scope of any license or other right in the Background Information that Canada may otherwise hold in relation to any custom-designed or custom-manufactured part of the Work, the right to use and disclose to a contractor engaged by Canada the Background Information for the following purposes:
        1. For the use, operation, maintenance, repair or overhaul of the custom-designed or custom-manufactured parts of the Work;
        2. In the manufacturing of spare parts for maintenance, repair or overhaul of any custom-designed or custom-manufactured part of the Work by Canada if those parts are not available on reasonable commercial terms to enable timely maintenance, repair or overhaul.
    3. The Contractor agrees to make the Background Information, including in the case of Software, the source code, promptly available to Canada for any purpose mentioned above. The license does not apply to any Software that is subject to detailed license conditions that are set out elsewhere in the Contract. Furthermore, in the case of commercial off-the-shelf software, the Contractor's obligation to make the source code promptly available to Canada applies only to source code that is within the control of or can be obtained by the Contractor or any subcontractor.
  5. The Contractor represents and warrants that it has the right to grant to Canada the license and any other rights to use the Background Information. If the Intellectual Property Rights in any Background Information are owned by a subcontractor or any other third party, the Contractor must have a license from that subcontractor or third party that permits compliance with paragraph 4 or arrange, without delay, for the subcontractor or third party to grant promptly the required license directly to Canada.
  6. If requested by Canada, during and after the Contract, the Contractor must provide a written permanent waiver of moral rights, as defined in the Copyright Act, R.S., 1985, c. C-42, from every author that contributes to any Foreground Information subject to copyright protection that is a deliverable to Canada under the Contract. If the Contractor is an author of the Foreground Information, the Contractor permanently waives the Contractor's moral rights in that Foreground Information.
2015-02-25SupersededK3410CARCHIVED Canada to Own Intellectual Property Rights in Foreground Information
2014-11-27SupersededK3410CARCHIVED Canada to Own Intellectual Property Rights in Foreground Information
2008-12-12SupersededK3410CARCHIVED Canada to Own Intellectual Property Rights in Foreground Information
2008-05-12SupersededK3410CARCHIVED Canada to Own Intellectual Property Rights in Foreground Information

K3410D

Effective Date
Item Status
ID
Title
2003-05-30SupersededK3410DARCHIVED Canada to Own Intellectual Property Rights in Foreground Information

Remarks – Recommended Use of SACC Item

Use the following clause in conjunction with general conditions 9624,General 
Conditions - Research & Development, where Canada is to own the foreground 
information.

Legal text for SACC item

1.     The general conditions 9624, General Conditions - Research & 
       Development, are amended by deleting the sections entitled "
       Contractor to Own Intellectual Property Rights in Foreground 
       Information"; "License to Intellectual Property Rights in Foreground 
       Information"; "License to Intellectual Property Rights in Background 
       Information"; "Right to License"; "Transfer of Intellectual Property 
       Rights in Foreground Information"; "Sale, Assignment, Transfer or 
       Licensing of Intellectual Property Rights in Foreground Information"; 
       "Access to Information; Exception to Contractor Rights" and 
       subsection 22(2) of "Disclosure of Foreground Information" in their 
       entirety.  This section applies in lieu of those sections.

       [Canada to Own Intellectual Property Rights in Foreground 
       Information]

2.     Without affecting any Intellectual Property Rights or interests 
       therein that have come into being prior to the Contract, all 
       Intellectual Property Rights in the Foreground Information shall 
       immediately, as soon as they come into existence, vest in and remain 
       the property of Canada. The Contractor shall have no right in or to 
       any such Intellectual Property Rights in the Foreground Information 
       except any right that may be granted in writing by Canada.

3.     The Contractor shall incorporate the copyright symbol and either of 
       the following copyright notices, as appropriate, into all Foreground 
       Information that is subject to copyright, regardless of the form in 
       or medium upon which it is recorded:

       ©      HER MAJESTY THE QUEEN IN RIGHT OF CANADA (year)
              or
       ©      SA MAJESTÉ LA REINE DU CHEF DU CANADA (year)

4.     (a)    For greater certainty, the Contractor agrees that where the 
              Work under the Contract involves the preparation of a 
              database or other compilation using information or data 
              supplied by Canada or personal information referred to in 
              paragraph (b), then the Contractor shall not use or disclose 
              any such information or data or personal information for any 
              purpose other than completing the Work under the Contract.  
              The Contractor shall not dispose of such information or data 
              or personal information except by returning it to Canada.  
              The Contractor shall comply with the General Conditions of 
              the Contract in regard to maintaining the confidentiality of 
              such information, data, or personal information.  Unless the 
              Contract otherwise expressly provides, the Contractor shall 
              deliver to Canada all such information, data, or personal 
              information, together with every copy, draft, working paper 
              and note thereof that contains such information, data, or 
              personal information upon completion or termination of the 
              Contract or at such earlier time as the Minister may require.

       (b)    For greater certainty and without limiting paragraph 4.(a), 
              if the Work under the Contract involves the collection of 
              personal information as that term is defined in the Privacy 
              Act (R.S., c. P-21), then all Intellectual Property Rights in 
              and title to that personal information shall, immediately 
              upon the collection of it by the Contractor, vest in Canada, 
              and the Contractor shall have no right or interest in it.

5.     The Contractor shall execute such conveyances or other documents 
       relating to the Intellectual Property Rights in the Foreground 
       Information as the minister for whose department or agency the Work 
       is being or was carried out may require, and the Contractor shall, 
       at Canada's expense, afford that minister all reasonable assistance 
       in the preparation of applications and in the prosecution of any 
       applications for registration of any Intellectual Property Right in 
       any jurisdiction, including without limitation the assistance of the 
       inventor in the case of Inventions. 

       [License to Intellectual Property Rights in Background Information]

6.     Without restricting the scope of any license or other right in the 
       Background Information that Canada may otherwise hold, the 
       Contractor hereby grants to Canada a non-exclusive, perpetual, 
       irrevocable, worldwide, fully-paid and royalty-free license to 
       exercise such of the Intellectual Property Rights in any Background 
       Information incorporated into the Work or necessary for the 
       performance of the Work as may be required in order for Canada to 
       exercise its Intellectual Property Rights in the Foreground 
       Information.  The Contractor agrees, subject to subsection 9, to 
       make any such Background Information (including, in the case of 
       Software, source code) promptly available to Canada for any such 
       purpose.

7.     The Contractor acknowledges that Canada may wish to award contracts 
       for a purpose contemplated in subsection 6 and that such contract 
       awards may follow a competitive process.  The Contractor agrees that 
       Canada's license in relation to the Intellectual Property Rights in 
       the Background Information includes the right to disclose the 
       Background Information to bidders for such contracts and to 
       sublicense or otherwise authorize the use of that information by any 
       contractor engaged by Canada solely for the purpose of carrying out 
       such a contract.  Canada shall require bidders and the contractor 
       not to use or disclose any Background Information except as may be 
       necessary to bid for or to carry out that contract.

8.     Where the Intellectual Property Rights in any Background Information 
       are owned by a Subcontractor at any tier, the Contractor shall 
       either obtain a license from that Subcontractor that permits 
       compliance with subsections 6 and 7 or arrange for the Subcontractor 
       to convey directly to Canada the same rights by execution of the 
       form provided for that purpose by the Minister, in which case the 
       Contractor shall deliver that form to the Minister, duly completed 
       and executed by the Subcontractor, no later than the time of 
       disclosure to Canada of that Background Information.

9.     Notwithstanding subsection 6, the license set out therein shall not 
       apply to any Software that is subject to detailed license conditions 
       that are set out elsewhere in the Contract. Furthermore, in the case 
       of commercial off-the-shelf software, the Contractor's obligation to 
       make the source code promptly available to Canada for a purpose set 
       out in subsection 6 shall apply only to source code that is within 
       the control of or can be obtained by the Contractor or any 
       Subcontractor, and in that event the Contractor shall, if requested 
       by Canada, make the source code available to Canada within 
       reasonable delivery times and on reasonable other commercial terms. 

       [Right to License]

10.    The Contractor represents and warrants that the Contractor has, or 
       the Contractor shall obtain, without delay, the right to grant to 
       Canada the license to exercise the Intellectual Property Rights in 
       the Background Information as required by the Contract. 

[Access to Information; Exception to Contractor Rights]

11.    Subject to the Access to Information Act, (R.S., c. A-1) and to any 
       right of Canada under the Contract to release or disclose, Canada 
       shall not release or disclose outside the Government of Canada any 
       Background Information delivered to Canada under the Contract that 
       is confidential information or a trade secret of the Contractor or a 
       Subcontractor. 

12.    Nothing in these terms and conditions shall be construed as limiting 
       Canada's right to exercise the Intellectual Property Rights in any 
       Background Information, or to disclose any Background Information, 
       to the extent that such information: 

       (a)    is or becomes in the public domain, or to the extent that the 
              Contractor does not benefit from or ceases to benefit from 
              any intellectual property rights protection for such 
              information under legislation or at law (other than under the 
              terms of the Contract), for any reason including as a result 
              of Canada's use or disclosure of deliverables under the 
              Contract for any purpose whatever that is not expressly 
              excluded under the Contract;

       (b)    is or becomes known to Canada from a source other than the 
              Contractor, except from any source that is known to Canada to 
              be under an obligation to the Contractor not to disclose the 
              information;

       (c)    is independently developed by or for Canada; or

       (d)    is disclosed under compulsion of a legislative requirement or 
              any order of a court or other tribunal having jurisdiction.


2001-12-10SupersededK3410DARCHIVED Canada to Own Intellectual Property Rights in Foreground Information
2001-05-25SupersededK3410DARCHIVED Canada to Own Intellectual Property Rights in Foreground Information
2000-12-01SupersededK3410DARCHIVED Canada to Own Foreground Information
1994-01-04SupersededK3410DARCHIVED Canada to Own Foreground Information

K3415C

Effective Date
Item Status
ID
Title
2020-07-01ActiveK3415CCommercialization in Canada

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when the contractor is required to exploit the Intellectual Property in the Foreground Information in Canada.

The following clause must not be used in a contract for the procurement of goods or services which is subject to the procurement disciplines of any of the international trade agreements. Any use of this provision should be tailored to the specific circumstances of the situation as the clause may be difficult to enforce or may impose impractical restrictions on the contractor's commercialization and thus may result in the contractor failing to commercialize the IP . Furthermore, the use of the clause will require on-going monitoring by the client department.

Legal text for SACC item

  1. In consideration of the Contractor receiving ownership of the Intellectual Property Rights in the Foreground Information, the Contractor agrees that manufacture of any product incorporating or derived from the Foreground Information will be done substantially in Canada and that the provision of any service incorporating or derived from the Foreground Information will be substantially from a base in Canada.
  2. The client department or agency for whom the Work is being or was performed will determine what evidence will be required to demonstrate that the obligation set out in subsection 1 has been met and will set the time period required to meet it. When the obligation has been met in relation to any part of the Foreground Information, the obligation will cease to apply to that part of the Foreground Information.
    If at the end of the period specified by the client department or agency, the obligation to market and sell a product or service as required has not yet been satisfied in relation to any part of the Foreground Information, the Contractor must immediately submit to the client department or agency, a report setting out:
    1. a description of the efforts that have been and will be made by the Contractor to satisfy the obligation; and
    2. the reasons why the obligation has not been satisfied.
  3. At the expiration of the period specified, if the client department or agency for whom the Work is being or was performed is satisfied that the Foreground Information is capable of commercial exploitation in Canada but that:
    1. the Contractor is incapable of achieving that; or
    2. the Contractor has not made every reasonable effort to fulfil the obligation; then that client department or agency may invoke either of the remedies set out in subsection 5. If that department is satisfied that the potential value to Canada of commercial exploitation of the Foreground Information substantially in Canada so justifies, it may also extend the time for the Contractor to fulfil the obligation.
  4. The Contractor agrees that any of the following, affecting any part of the Foreground Information, would constitute a breach of the Contractor's obligation entitling Canada to exercise, in relation to that part of the Foreground Information, the option to collect the liquidated damages provided for in the Contract (if any) for such a breach, or, without affecting any other remedy available at law or under the Contract, to exercise a remedy set out in subsection 5:

    1. the Contractor or any affiliate, subcontractor or agent of the Contractor manufactures outside Canada a product incorporating or derived from the Foreground Information without that product also being manufactured substantially in Canada, or provides from a base outside Canada a service incorporating or derived from the Foreground Information without that service also being provided substantially from a base in Canada;
    2. through the act or omission, whether direct or indirect, and whether deliberate or negligent, of the Contractor or an employee or a subcontractor (including the sale or assignment of the Foreground Information or license or other authorization of the use of the Foreground Information), any person or entity is enabled to manufacture outside Canada a product incorporating or derived from the Foreground Information without that product also being manufactured substantially in Canada, or to provide from a base outside Canada a service incorporating or derived from the Foreground Information without that service also being provided substantially from a base in Canada;
    3. the Contractor or a controlling interest in the Contractor, is acquired by a person not resident in Canada or by an entity controlled outside of Canada, and that person, or other entity does not enter into an agreement with the department or agency for whom the Work is being or was carried out concerning the use of the Foreground Information, promptly and before a breach described in paragraph (a) or (b) has occurred; or
    4. to the extent permitted by the laws applicable in Canada, the Contractor becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or takes the benefit of any statute relating to bankrupt or insolvent debtors, or the Contractor suffers the appointment against it of a receiver under a debt instrument or by a court, or an order is made or a resolution passed for the winding up of the Contractor.
  5. In the event of a breach of subsection 3 or 4, the client department or agency for whom the Work is being or was performed may, by notice, either:
    1. require the Contractor to assign or transfer to Canada at no cost the Intellectual Property Rights in the Foreground Information; or
    2. require the Contractor to provide to one or more persons, or other entities specified by that client department or agency at no cost a non-exclusive, perpetual, unconditional, irrevocable, world-wide, and royalty-free license permitting the commercial exploitation of the Intellectual Property Rights in the Foreground Information, including the right to further develop the Foreground Information and to own the Intellectual Property Rights in any such further development.
    The Contractor agrees that it will promptly execute such transfer documents relating to ownership or licensing as the client department or agency may require, and that it will afford that department or agency or a licensee, as the case may be, at that party's expense all reasonable assistance in the preparation of applications and in the prosecution of any application for registration of any Intellectual Property Rights in any jurisdiction arising out of the Foreground Information, including without limitation the assistance of the inventor in the case of an invention.
  6. In the event of a breach described in paragraph (a) or (b) of subsection 5 , in addition to all other remedies available to Canada at law or under the Contract, the Contractor must upon demand pay to Canada any net revenues earned by the Contractor as a result of the breach.
2008-05-12SupersededK3415CARCHIVED Commercialization in Canada

K3415D

Effective Date
Item Status
ID
Title
2001-05-25SupersededK3415DARCHIVED Commercialization in Canada

Remarks – Recommended Use of SACC Item

Use the following clause where the Contractor is to be required to exploit the 
Intellectual Property in the Foreground Information in Canada.  With some 
deletions and minor changes, this clause can also be used to require commercial 
exploitation within a specified time, in Canada or elsewhere.  See Legal 
Services about the advisability of including this clause.

IMPORTANT NOTE:  The following clause, "Commercialization in Canada", must not 
be used in a contract for the procurement of goods or services which is subject 
to the procurement disciplines of either the World Trade Organization - 
Agreement on Government Procurement (WTO-AGP) or the North American Free Trade 
Agreement (NAFTA).  Any use of this provision which is not prohibited pursuant 
to the WTO-AGP or the NAFTA should be tailored to the specific circumstances of 
the situation as the clause may be difficult to enforce or may impose 
impractical restrictions on the Contractor's commercialization and thus may 
result in the Contractor failing to commercialize the IP.  Furthermore, the use 
of the clause will require on-going monitoring by the client department.

Legal text for SACC item

1.     In consideration of the Contractor receiving title to the 
       Intellectual Property Rights in the Foreground Information, the 
       Contractor agrees that manufacture of any product incorporating or 
       derived from the Foreground Information will be done substantially 
       in Canada and that the provision of any service incorporating or 
       derived from the Foreground Information will be substantially from a 
       base in Canada, and that such a product or such a service will be 
       marketed and sold within _____ months after final payment under the 
       Contract is made to the Contractor. 

2.     The Contractor shall have satisfied the obligation in subsection 1 
       in relation to any part of the Foreground Information if a product 
       manufactured substantially in Canada or a service provided 
       substantially from a base in Canada that incorporates or is derived 
       from that part of the Foreground Information is being offered for 
       general sale by the Contractor or its transferee, assignee or 
       licensee, and at least one arm's-length sale has been made (other 
       than a sale from a transferee, assignee or licensee to the 
       Contractor, or vice-versa).  The minister for whose department or 
       agency the Work is being or was carried out may accept other 
       evidence as demonstrating satisfaction of the obligation. When the 
       obligation has been satisfied in relation to any part of the 
       Foreground Information, the obligation shall cease to apply to that 
       part of the Foreground Information.

3.     If, ____ months before the end of the period specified in subsection 
       1, the obligation to market and sell a product or service as set out 
       in that subsection has not yet been satisfied in relation to any 
       part of the Foreground Information, the Contractor shall immediately 
       submit to the minister for whose department or agency the Work is 
       being or was carried out a report setting out:

       (a)    a description of the efforts that have been and will be made 
              by the Contractor or its transferee, assignee or licensee to 
              satisfy the obligation; and

       (b)    the reasons why the obligation has not been satisfied.

4.     At the expiration of the period specified in subsection 1, if the 
       minister for whose department or agency the Work is being or was 
       carried out is satisfied that the Foreground Information is capable 
       of commercial exploitation in Canada but that

       (a)    the Contractor (or its transferee, assignee or licensee) is 
              incapable of achieving that; or
 
       (b)    the Contractor has not made every reasonable effort to fulfil 
              the obligation;

       then that minister may invoke either of the remedies set out in 
       subsection 6.  If that minister is satisfied that the potential 
       value to Canada of commercial exploitation of the Foreground 
       Information substantially in Canada so justifies,  that minister may 
       extend the time for the Contractor to fulfil the obligation by such 
       period as that minister may decide.  In any other circumstance, the 
       obligation shall cease to apply to that part of the Foreground 
       Information.

5.     The Contractor agrees that any of the following, affecting any part 
       of the Foreground Information, would constitute a breach of the 
       Contractor's obligation entitling the minister to exercise, in 
       relation to that part of the Foreground Information, the option to 
       collect the liquidated damages provided for in the Contract for such 
       a breach (if any), or, without prejudice to any other remedy that 
       may be available at law or under the Contract, to exercise a remedy 
       set out in subsection 6:

       (a)    the Contractor or any affiliate, subcontractor or agent of 
              the Contractor manufactures outside Canada a product 
              incorporating or derived from the Foreground Information 
              without that product also being manufactured substantially in 
              Canada, or provides from a base outside Canada a service 
              incorporating or derived from the Foreground Information 
              without that service also being provided substantially from a 
              base in Canada;

       (b)    through the act or omission, whether direct or indirect, and 
              whether deliberate or negligent, of the Contractor or its 
              employee or subcontractor (including the sale or assignment 
              of the Foreground Information or license or other 
              authorization of the use of the Foreground Information), any 
              person, corporation or other entity is enabled to manufacture 
              outside Canada a product incorporating or derived from the 
              Foreground Information without that product also being 
              manufactured substantially in Canada, or to provide from a 
              base outside Canada a service incorporating or derived from 
              the Foreground Information without that service also being 
              provided substantially from a base in Canada;

       (c)    the Contractor or its transferee or assignee, or a 
              controlling interest in the Contractor or its transferee or 
              assignee, is acquired by a person not resident in Canada or 
              by a corporation or other entity controlled outside of Canada, 
              and that person, corporation or other entity does not enter 
              into an agreement with the minister for whose department or 
              agency the Work is being or was carried out governing the use 
              of the Foreground Information, promptly and before a breach 
              described in paragraph (a) or (b) has occurred; or

       (d)    to the extent permitted by the laws of Canada or a Canadian 
              province, the Contractor or its transferee or assignee 
              becomes bankrupt or insolvent, makes an assignment for the 
              benefit of creditors, or takes the benefit of any statute 
              relating to bankrupt or insolvent debtors, or the Contractor, 
              its transferee or assignee suffers the appointment against it 
              of a receiver under a debt instrument or by a court, or an 
              order is made or a resolution passed for the winding up of 
              the Contractor, its transferee or assignee.

6.     Where this subsection applies by virtue of subsection 4 or 5, the 
       minister for whose department or agency the Work is being or was 
       carried out may, by notice, either

       (a)    require the Contractor to assign or transfer to Canada at no 
              cost the Intellectual Property Rights in the Foreground 
              Information, or

       (b)    require the Contractor to provide to one or more persons, 
              corporations or other entities specified by that minister at 
              no cost a non-exclusive, perpetual, unconditional, 
              irrevocable, world-wide, and royalty-free license permitting 
              the commercial exploitation of the Intellectual Property 
              Rights in the Foreground Information, including the right to 
              further develop the Foreground Information and to own the 
              Intellectual Property Rights in any such further development.

       The Contractor agrees that it will promptly execute such conveyances 
       or other documents relating to title or licensing as the said 
       minister may require, and that it will afford that minister or a 
       licensee, as the case may be, at that party's expense all reasonable 
       assistance in the preparation of applications and in the prosecution 
       of any application for registration of any Intellectual Property 
       Rights in any jurisdiction arising out of the Foreground Information, 
       including without limitation the assistance of the inventor in the 
       case of Inventions.

7.     In the event that a breach described in paragraph (a), (b) or (c) of 
       subsection 5 occurs, in addition to all other remedies available to 
       Canada at law or under the terms of the Contract, the Contractor 
       shall upon demand account for and pay to Canada any net revenues 
       earned by the Contractor as a result of the breach. 

1994-01-04SupersededK3415DARCHIVED Commercialisation in Canada

K3420C

Effective Date
Item Status
ID
Title
2008-05-12ActiveK3420CLiquidated Damages - Commercial Exploitation

Remarks – Recommended Use of SACC Item

Use the following clause in contracts if the contractor is to be liable for liquidated damages in the event that the foreground information is exploited outside of Canada. If there will be more than one item of foreground information with separate commercial potential, separate damages should be specified for each.

Use this clause only in conjunction with K3415C .

Legal text for SACC item

The Contractor agrees that Canada would suffer actual damages as a result of a breach of the obligations set out in subsection 1 of clause K3415C, and that such damages are likely to be extremely difficult to quantify. In the event that such a breach occurs, the Contractor agrees to pay to Canada liquidated damages in the amount of $_____ . Canada and the Contractor agree that this amount is their best pre-estimate of the loss to Canada in the event of such a failure, and that it is not intended to be, nor is it to be interpreted, as a penalty.

K3420D

Effective Date
Item Status
ID
Title
1994-01-04SupersededK3420DARCHIVED Liquidated Damages

Remarks – Recommended Use of SACC Item

Use the following clause if the Contractor is to be liable for liquidated 
damages in the event that the Foreground Information is exploited outside of 
Canada. If there will be more than one item of foreground information with 
separate commercial potential, separate damages should be specified for each.  
See Lega Services regarding the evaluation of the amount of damages to be 
inserted.

Legal text for SACC item

The Contractor agrees that Canada would suffer actual damages as a result 
of a breach, described in paragraph 5(a), (b) or (c) of clause K3415D, of 
the obligation set out in subsection 1. of clause K3415D, and that such 
damages are likely to be extremely difficult to quantify. In the event that 
such a breach occurs, the Contractor agrees to pay to Canada liquidated 
damages in the amount of $_____. Canada and the Contractor agree that the 
foregoing amount is their best estimate of the amount of damages that 
Canada would suffer, and that it is not intended to be, nor is it to be 
construed as, a penalty.

K3500T

Effective Date
Item Status
ID
Title
2001-12-10SupersededK3500TARCHIVED Confidential Information for Bidding

Remarks – Recommended Use of SACC Item

Use this clause only in bid solicitations where the bidder must have access to 
information that is confidential or proprietary to Canada or a third party.  In 
the case of third party information, the contracting officer must ensure that 
Canada has the contractual right to disclose that information to bidders.

Legal text for SACC item

In order to prepare a bid in response to this solicitation, the Bidder must 
have access to information that is confidential or proprietary to Canada or 
third parties.  It is a condition of this solicitation that the Bidder sign 
a Confidentiality Agreement substantially in the form set out in Appendix _____ 
attached hereto prior to being given access to such information either at 
the reading room identified in this solicitation or as part of the 
solicitation package.


Appendix _____


CONFIDENTIALITY AGREEMENT

TO:  HER MAJESTY THE QUEEN IN RIGHT OF CANADA ("CANADA"), AS REPRESENTED BY 
THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES ("MINISTER")

[Name] (the "Bidder") agrees that the documentation available as part of 
the bid solicitation package or in the reading room (the "Documentation") 
for review by a bidder in order for a bidder to submit a bid to the 
Minister in response to Solicitation No. ______ contains information that 
is confidential or proprietary to Canada or to third parties, and that such 
information is not to be disclosed or used in any way other than as set out 
below.

In consideration of the Minister disclosing the Documentation to the Bidder, 
the Bidder agrees that:

       (a)    it shall not, without the prior written permission of the 
              Minister, disclose to anyone, other than an employee or a 
              proposed subcontractor with a need to know, the Documentation 
              or any information contained in the Documentation;

       (b)    it shall not make copies of the Documentation nor make use of 
              the Documentation or any information therein for any purpose 
              other than for the preparation of a bid in response to 
              Solicitation No. _________________;

       (c)    at the close or earlier termination of the bid period, it 
              will immediately deliver the Documentation to the Minister 
              together with every copy of the Documentation and every draft, 
              working paper and note that contains any information 
              contained in the Documentation.

The Bidder shall require any proposed subcontractor referred to in (a) 
above to execute a confidentiality agreement on the same terms and 
conditions as those contained herein.

The Bidder acknowledges and agrees that it shall be liable for any and all 
claims, loss, damages, costs, or expenses incurred or suffered by Canada or 
the Minister caused by the failure of the Bidder, or by anyone to whom the 
Bidder discloses the Documentation or any information therein, to comply 
with these terms and conditions.

Nothing in this Confidentiality Agreement shall be construed as limiting 
the Bidder's right to disclose any information to the extent that such 
information:

       (a)    is or becomes in the public domain through no fault of the 
              Bidder or any proposed subcontractor;

       (b)    is or becomes known to the Bidder from a source other than 
              Canada, except any source that is known to the Bidder to be 
              under an obligation to Canada not to disclose the information;

       (c)    is independently developed by the Bidder; or

       (d)    is disclosed under compulsion of a legislative requirement or 
              any order of a court or other tribunal having jurisdiction.

[Name of Bidder]


__________________                 ____________________
by its authorized representative                 Date


2001-05-25SupersededK3500TARCHIVED Confidential Information for Bidding

K4000D

Effective Date
Item Status
ID
Title
2007-05-25SupersededK4000DARCHIVED Canadian Content Definition

Remarks – Recommended Use of SACC Item

Use the following clause whenever a definition of Canadian goods and/or services 
is required.  This clause must always be used whenever clauses K4001T, K4002T, 
K4003T, K4004T, K4005T, K4006T, K4011T, K4013T, K4014T, M4001T, M4002T, M4003T, 
M4004T, M4005T, M4006T, M4011T, M4013T, and M4014T are used.

Legal text for SACC item

1.     Canadian good: A good wholly manufactured or originating in Canada 
       is considered a Canadian good.  A product containing imported 
       components may also be considered Canadian for the purpose of this 
       policy when it has undergone sufficient change in Canada, in a 
       manner that satisfies the definition specified under the North 
       American Free Trade Agreement Rules of Origin (see Supply Manual, 
       Annex 5.5: http://www.pwgsc.gc.ca/acquisitions/text/sm/chapter05-e.html
       #annex5.5).

       For the purposes of this determination, the reference in the NAFTA 
       Rules of Origin to "territory", is to be replaced with "Canada".  
       For photocopiers, computers and office equipment within Federal 
       Supply Classification (FSC) groups 36, 70 and 74, only the products 
       of MERIT/CIRCLE firms or companies in Priority Group 1 prior to 
       April 1992 are considered Canadian (see paragraph 7.(a)).

2.     Canadian service: A service provided by an individual based in 
       Canada is considered a Canadian service.  Where a requirement 
       consists of only one service, which is being provided by more than 
       one individual, the service will be considered Canadian if a minimum 
       of 80 percent of the total bid price for the service is provided by 
       individuals based in Canada.

3.     Variety of goods: When requirements consist of more than one good:

       (a)    aggregate evaluation: no less than 80 percent of the total 
              bid price must consist of Canadian goods; or,

       (b)    item by item evaluation: in some cases, the bid evaluation 
              may be conducted on an item-by-item basis and contracts may 
              be awarded to more than one supplier. In these cases, 
              suppliers will be asked to identify separately each item that 
              meets the definition of Canadian goods.

4.     Variety of services: For requirements consisting of more than one 
       service, a minimum of 80 percent of the total bid price must be 
       provided by personnel based in Canada.

5.     Mix of goods and services: When requirements consist of a mix of 
       goods and services, no less than 80 percent of the total bid price 
       must consist of Canadian goods and services (as defined above).

6.     Annex 7.8 of the Supply Manual (http://www.pwgsc.gc.ca/acquisitions/
       text/sm/chapter07-e.html#annex7.8) shows how Canadian content is 
       determined for a mix of goods, a mix of services or a mix of goods 
       and services.

7.     Other Canadian goods and services:

       (a)    CIRCLE Canada and MERIT Partnership Program: For photocopiers, 
              computers and office equipment within FSC groups 36, 70 and 
              74, only the products of the following firms are considered 
              Canadian goods:

              (i)    MERIT Partner under the MERIT Partnership Program (
                     http://strategis.ic.gc.ca/epic/internet/inict-tic.nsf/
                     en/it 04598e.html) (administered by Industry Canada 
                     [IC] and Public Works and Government Services Canada 
                     [PWGSC]);

              (ii)   Companies which, on March 31, 1992, were allocated to 
                     Priority Group 1 under the Priority Groups Policy in 
                     effect at that time; or

              (iii)  CIRCLE Canada (http://strategis.ic.gc.ca/epic/internet
                            /inict-tic.nsf
/en/it04597e.html) companies as agreed on by IC and PWGSC.

       (b)    Textiles: Textiles are considered to be Canadian goods 
              according to a modified rule of origin, copies of which are 
              available from the Clothing and Textiles Division, Logistics, 
              Electrical, Fuel and Transportation Directorate.

2005-12-16SupersededK4000DARCHIVED Canadian Content Definition
2004-12-10SupersededK4000DARCHIVED Canadian Content Definition
2004-05-14SupersededK4000DARCHIVED Canadian Content Definition
2003-12-12SupersededK4000DARCHIVED Canadian Content Definition
2002-05-24SupersededK4000DARCHIVED Canadian Content Definition
2001-05-25SupersededK4000DARCHIVED Canadian Content Definition
2000-12-01SupersededK4000DARCHIVED Canadian Content Definition
1999-06-21SupersededK4000DARCHIVED Canadian Content Definition
1998-06-15SupersededK4000DARCHIVED Canadian Content Definition
1997-02-03SupersededK4000DARCHIVED Canadian Content Definition
1995-06-30SupersededK4000DARCHIVED Canadian Content Definition

K4001T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK4001TARCHIVED Canadian Content Certification - Mandatory With Bid - Solely Limited - Single Item or Aggregate Basis

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content policy is applicable (see Supply Manual), where competition is 
being solely limited to bids offering Canadian Goods and/or Services and where 
it is mandatory that bidders submit a certification with their bid.  This clause 
is to be used for single item requirements and multi-item requirements that are 
being certified on an aggregate basis.

This clause must be used in conjunction with clause K4000D, Canadian Content 
Definition.

Legal text for SACC item

1.     This procurement is limited to Canadian Goods and/or Services as 
       defined in clause K4000D, Canadian Content Definition.

2.     The Bidder represents and warrants that, of the Goods and Services 
       being offered, no less than 80 percent of the bid price consists of 
       Canadian Goods and/or Services as defined in clause K4000D, Canadian 
       Content Definition.

3.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

4.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

5.     Failure to execute this representation and warrantee on the 
       signature block immediately following this paragraph and to include 
       it with the bid will render the bid non-responsive.



       ___________________  ___________________
       Signature                          Date


2001-12-10SupersededK4001TARCHIVED Canadian Content Certification
1997-02-03SupersededK4001TARCHIVED Canadian Content Certification
1995-06-30SupersededK4001TARCHIVED Canadian Content Certification
1995-03-31SupersededK4001TARCHIVED Canadian Content
1992-04-01SupersededK4001TARCHIVED Canadian Content

K4002T

Effective Date
Item Status
ID
Title
2005-12-16CancelledK4002TARCHIVED Canadian Content Certification - Conditionally Limited - Single Item or Aggregate Basis

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content Policy is applicable (see Supply Manual) and where competition 
is being conditionally limited to bids offering Canadian goods and/or services.  
This clause is to be used for single item requirements and multi-item 
requirements that are being certified on an aggregate basis.

This clause must be used in conjunction with clause K4000D.

Legal text for SACC item

1.     This procurement is subject to a preference for Canadian goods and/
       or services as defined in clause K4000D.

2.     Bids that include this representation and warranty will be given 
       preference over other bids, if there are three or more suppliers who 
       have submitted bids with a valid certification.

3.     The Bidder represents and warrants that, of the goods and/or 
       services being offered, no less than 80 percent of the bid price 
       consists of Canadian goods and/or services, as defined in the clause 
       K4000D.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will result in the goods and/or services offered being 
       treated as non-Canadian.



       ___________________         __________________
              Signature                   Date

2002-05-24SupersededK4002TARCHIVED Canadian Content Certification - Conditionally Limited - Single Item or Aggregate Basis
1997-02-03SupersededK4002TARCHIVED Canadian Content Certification
1995-06-30SupersededK4002TARCHIVED Canadian Content Certification
1995-03-31SupersededK4002TARCHIVED Canadian Content
1992-04-01SupersededK4002TARCHIVED Canadian Content

K4003T

Effective Date
Item Status
ID
Title
2005-12-16SupersededK4003TARCHIVED Canadian Content Certification - Mandatory With Bid - Solely Limited - Multi-Items Listed in Bid

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content Policy is applicable (see Supply Manual), where competition is 
being solely limited to bids offering Canadian goods and/or services and where 
it is mandatory that bidders submit a certification with their bid.  This clause 
is to be used for multi-item requirements that are being certified on an 
individual item basis and where the bidder will be required to indicate beside 
each item, listed in the bid, whether the item is Canadian.

This clause must be used in conjunction with clause K4000D.

Legal text for SACC item

1.     This procurement is limited to Canadian goods and/or services as 
       defined in clause K4000D.

2.     The Bidder represents and warrants that, of the goods and/or 
       services being offered, items individually identified as such in the 
       bid are Canadian goods and/or services as defined in clause K4000D, 
       and acknowledges that only those items will receive consideration.

3.     Bids may be accepted in whole or in part.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will render the bid non-responsive.



       ___________________         ___________________
              Signature                   Date

2002-05-24SupersededK4003TARCHIVED Canadian Content Certification - Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Bid
2001-12-10SupersededK4003TARCHIVED Canadian Content Certification
1997-02-03SupersededK4003TARCHIVED Canadian Content Certification
1995-06-30SupersededK4003TARCHIVED Canadian Content Certification

K4004T

Effective Date
Item Status
ID
Title
2002-05-24SupersededK4004TARCHIVED Canadian Content Certification - Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Clause

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content policy is applicable (see Supply Manual), where competition is 
being solely limited to bids offering Canadian Goods and/or Services and where 
it is mandatory that bidders submit a certification with their bid.  This clause 
is to be used for multi-item requirements that are being certified on an 
individual item basis and where the bidder is to list in the clause those items 
in its bid that are to be considered Canadian.

This clause must be used in conjunction with clause K4000D, Canadian Content 
Definition.

Legal text for SACC item

1.     This procurement is limited to Canadian Goods and/or Services as 
       defined in clause K4000D, Canadian Content Definition.

2.     Bids may be accepted in whole or in part.

3.     The Bidder represents and warrants that, of the Goods/or and 
       Services being offered, the following items are Canadian Goods and/
       or Services as defined in clause K4000D, Canadian Content Definition, 
       and acknowledges that only those items will receive consideration.

       ____________________

       ____________________

       ____________________

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     Failure to execute this representation and warrantee on the 
       signature block immediately following this paragraph and to include 
       it with the bid will render the bid non-responsive.



       ___________________  ___________________
              Signature                   Date

2001-12-10SupersededK4004TARCHIVED Canadian Content Certification
1997-02-03SupersededK4004TARCHIVED Canadian Content Certification
1995-06-30SupersededK4004TARCHIVED Canadian Content Certification

K4005T

Effective Date
Item Status
ID
Title
2005-12-16SupersededK4005TARCHIVED Canadian Content Certification - Conditionally Limited - Multi-Items Listed in Bid

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content Policy is applicable (see Supply Manual) and where competition 
is being conditionally limited to bids offering Canadian goods and/or services.  
This clause is to be used for multi-item requirements that are being certified 
on an individual item basis and where the bidder will be required to indicate 
beside each item, listed in the bid, whether the item is Canadian.

This clause must be used in conjunction with clause K4000D.

Legal text for SACC item

1.     This procurement is subject to a preference for Canadian goods and/
       or services as defined in clause K4000D.

2.     On an item-by-item basis, items that include this representation and 
       warranty will be given preference over other bids, if there are 
       three or more suppliers who have submitted bids with a valid 
       certification.  Bids may be accepted in whole or in part.

3.     The Bidder represents and warrants that, of the goods and/or 
       services being offered, items individually identified as such in the 
       bid are Canadian goods and/or services as defined in clause K4000D, 
       and acknowledges that only those items will receive consideration.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will result in all goods and/or services offered being 
       treated as non-Canadian.



       ___________________         ___________________
       Signature                   Date

2002-05-24SupersededK4005TARCHIVED Canadian Content Certification - Conditionally Limited - Multi-Item Requirements Listed in Bid
1997-02-03SupersededK4005TARCHIVED Canadian Content Certification
1995-06-30SupersededK4005TARCHIVED Canadian Content Certification

K4006T

Effective Date
Item Status
ID
Title
2007-05-25SupersededK4006TARCHIVED Canadian Content Certification - Conditionally Limited - Multi-Items Listed in Clause

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content Policy is applicable (see Supply Manual) and where competition 
is being conditionally limited to bids offering Canadian goods and/or services.  
This clause is to be used for multi-item requirements that are being certified 
on an individual item basis and where the bidder is to list in the clause those 
items in its bid that are to be considered Canadian.

This clause must be used in conjunction with clause K4000D.

Legal text for SACC item

1.     This procurement is subject to a preference for Canadian goods and/
       or services as defined in clause K4000D.

2.     On an item-by-item basis, items that include this representation and 
       warranty will be given preference over other bids, if there are 
       three or more suppliers who have submitted bids with a valid 
       certification.  Bids may be accepted in whole or in part.

3.     The Bidder represents and warrants that, of the goods and/or 
       services being offered, the following items are Canadian goods and/
       or services as defined in clause K4000D, and acknowledges that only 
       those items will receive consideration. 
       ____________________

       ____________________

       ____________________

4.     The Bidder acknowledges that Canada relies upon such representation 
       and warranty to evaluate bids and to enter into any contract 
       resulting from the bid.  Such representation and warranty of 
       Canadian content may be verified in such manner as Canada may 
       reasonably require.

5.     Should a verification by Canada disclose a breach of such covenant, 
       Canada will have the right to treat any contract resulting from the 
       bid as being in default.

6.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will result in all goods and/or services offered being 
       treated as non-Canadian.



       ___________________         __________________
              Signature                   Date

2005-12-16SupersededK4006TARCHIVED Canadian Content Certification - Conditionally Limited - Multi-Items Listed in Clause
2002-05-24SupersededK4006TARCHIVED Canadian Content Certification - Conditionally Limited - Multi-Item Requirements Listed in Clause
1997-02-03SupersededK4006TARCHIVED Canadian Content Certification
1995-06-30SupersededK4006TARCHIVED Canadian Content Certification

K4011T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK4011TARCHIVED Canadian Content Certification - Not Mandatory With Bid - Solely Limited - Single Item or Aggregate Basis

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content policy is applicable (see Supply Manual), where competition is 
being solely limited to bids offering Canadian Goods and/or Services and where 
it is not mandatory that bidders submit a certification with their bid.  This 
clause is to be used for single item requirements and multi-item requirements 
that are being certified on an aggregate basis. 

This clause must be used in conjunction with clause K4000D, Canadian Content 
Definition.

Legal text for SACC item

1.     This procurement is limited to Canadian Goods and/or Services as 
       defined in clause K4000D, Canadian Content Definition.

2.     The Bidder represents and warrants that, of the Goods and/or 
       Services being offered, no less than 80 percent of the bid price 
       consists of Canadian Goods and/or Services as defined in clause 
       K4000D, Canadian Content Definition.

3.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require. 

4.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

5.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph is a condition to render 
       the bid responsive.  Failure to provide the signed certification 
       upon request within ______ calendar days, if it is not submitted 
       with bid, will render the bid non-responsive.


       ___________________  ___________________
              Signature                   Date

K4013T

Effective Date
Item Status
ID
Title
2005-12-16SupersededK4013TARCHIVED Canadian Content Certification - Not Mandatory With Bid - Solely Limited - Multi-Items Listed in Bid

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content Policy is applicable (see Supply Manual), where competition is 
being solely limited to bids offering Canadian goods and/or services and where 
it is NOT mandatory that bidders submit a certification with their bid.  This 
clause is to be used for multi-item requirements that are being certified on an 
individual item basis and where the bidder will be required to indicate beside 
each item, listed in the bid, whether the item is Canadian.

This clause must be used in conjunction with clause K4000D.

Legal text for SACC item

1.     This procurement is limited to Canadian goods and/or services as 
       defined in clause K4000D.

2.     The Bidder represents and warrants that, of the goods and/or 
       services being offered, items individually identified as such in the 
       bid are Canadian goods and/or services as defined in clause K4000D, 
       and acknowledges that only those items will receive consideration.

3.     Bids may be accepted in whole or in part.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph is a condition to render 
       the bid responsive.  Failure to provide the signed certification 
       upon request within ______ calendar days, if it is not submitted 
       with the bid, will render the bid non-responsive.



       ___________________         ___________________
              Signature                   Date

2002-05-24SupersededK4013TARCHIVED Canadian Content Certification - Not Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Bid

K4014T

Effective Date
Item Status
ID
Title
2002-05-24SupersededK4014TARCHIVED Canadian Content Certification - Not Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Clause

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
Canadian Content policy is applicable (see Supply Manual), where competition is 
being solely limited to bids offering Canadian Goods and/or Services and where 
it is not mandatory that bidders submit a certification with their bid.  This 
clause is to be used for multi-item requirements that are being certified on an 
individual item basis and where the bidder is to list in the clause those items 
in its bid that are to be considered Canadian.

This clause must be used in conjunction with clause K4000D, Canadian Content 
Definition.

Legal text for SACC item

1.     This procurement is limited to Canadian Goods and/or Services as 
       defined in clause K4000D, Canadian Content Definition.

2.     Bids may be accepted in whole or in part.

3.     The Bidder represents and warrants that, of the Goods and/or 
       Services being offered, the following items are Canadian Goods and/
       or Services as defined in clause K4000D, Canadian Content Definition, 
       and acknowledges that only those items will receive consideration.

       ____________________

       ____________________

       ____________________

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian content may be verified in such manner as the Minister 
       may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

7.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph is a condition to render 
       the bid responsive.  Failure to provide the signed certification 
       upon request within ______ calendar days, if it is not submitted 
       with bid, will render the bid non-responsive.



       ___________________  ___________________
              Signature                   Date

K4015T

Effective Date
Item Status
ID
Title
2001-12-10CancelledK4015TARCHIVED Canadian Content Certification - S and T

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in respect of 
which the requisition is subject to the "Science & Technology Contracting-Out 
Policy" (see Supply Manual) and where the procurement officer is setting a 
minimum percentage, normally 80 percent, for that part of the bid price which 
must consist of Canadian goods and/or services for the bid to be acceptable. 
This clause must be used in conjunction with clause K4000D, Canadian Content 
Definition.

Legal text for SACC item

1.     This procurement is limited to Canadian goods and Canadian services 
       as defined in clause K4000D, Canadian Content Definition.

2.     The Bidder represents and warrants that, of the goods and services 
       being offered, no less than ____ percent of the bid price consists 
       of Canadian goods and Canadian services as defined in clause K4000D, 
       Canadian Content Definition.

3.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid. Such representation and warranty 
       may be verified in such manner as the Minister may reasonably 
       require.

4.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

5.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph render the bid responsive.



         ___________________       ___________________
         Signature                        Date



1997-02-03SupersededK4015TARCHIVED Canadian Content Certification - S and T
1995-06-30SupersededK4015TARCHIVED Canadian Content Certification - S and T
1995-03-31SupersededK4015TARCHIVED Canadian Content - Science & Technology
1992-04-01SupersededK4015TARCHIVED Canadian Content - Science & Technology

K4016T

Effective Date
Item Status
ID
Title
1995-03-31CancelledK4016TARCHIVED Canadian Content - Science & Technology

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in respect of 
which the requisition is subject to the Science & Technology Contracting-Out 
Policy, the bidder is being invited to include a certification of Canadian 
Content (that is, the competition is being conditionally limited to bids 
qualifying for inclusion in Priority Group 1), and the procurement officer is 
setting a minimum percentage, of that part of the bid price which must consist 
of Canadian goods and/or services for the bid to qualify for the first priority 
group, of other than 80 percent. See Supply Manual.

Legal text for SACC item

If this clause is signed and dated, the Bidder represents and warrants that, 
of the goods and/or services being offered to Canada, no less than ____ 
percent of the bid price consists of goods and services of Canadian origin, 
and that the bid therefore qualifies for inclusion in Priority Group 1 as 
defined in the DSS Canadian Content Policy published in Chapter 5 of the 
DSS Supply Manual.

Bids that include this representation and warranty may be given preference 
over other bids, in accordance with the procedures set out in the DSS 
Canadian Content Policy.

The Bidder acknowledges that the Minister relies upon such representation 
and warranty to evaluate bids and may rely upon such representation and 
warranty to enter into any contract resulting from this bid. Such 
representation and warranty of Canadian Content may be verified in such 
manner as the Minister may reasonably require.

Should a verification by the Minister disclose a breach of such covenant, 
the Minister shall have the right to treat any contract resulting from this 
bid as being in default.   


___________________ 
 Signature                    

____________________
Date

1992-04-01SupersededK4016TARCHIVED Canadian Content - Science & Technology

K4100C

Effective Date
Item Status
ID
Title
2004-12-10SupersededK4100CARCHIVED Canadian Content Certification

Remarks – Recommended Use of SACC Item

Use the following clause in all contracts where the winning bidder's eligibility 
for consideration required the completion and submission of a signed Canadian 
Content certification.

Legal text for SACC item

1.     The Contractor represents and warrants that the certification of 
       Canadian Content submitted with its bid is accurate and complete, 
       and that the goods and services to be provided to Canada pursuant to 
       this Contract will be in accordance with the said certification.  
       The Contractor acknowledges that the Minister has relied upon such 
       representation and warranty to enter into this Contract.  Such 
       representation and warranty may be verified in such manner as the 
       Minister may reasonably require.

2.     The Contractor acknowledges that in the event of a breach of such 
       covenant, the Minister shall have the right to treat the Contract as 
       being in default in accordance with the default provisions of the 
       Contract.

3.     The Contractor shall keep proper records and documentation relating 
       to the origin of the goods and services provided to Canada.  The 
       Contractor shall not, without the prior written consent of the 
       Minister, dispose of any such records or documentation until the 
       expiration of six (6) years after final payment under this Contract, 
       or until settlement of all outstanding claims and disputes, 
       whichever is later.  All such records and documentation shall at all 
       times during the aforementioned retention period be open to audit, 
       inspection and examination by the authorized representatives of the 
       Minister, who may make copies and take extracts thereof.  The 
       Contractor shall provide all facilities for such audits, inspections 
       and examinations, and shall furnish all such information as the 
       representatives of the Minister may from time to time require with 
       respect to such records and documentation.

4.     Nothing in this clause shall be interpreted as limiting the rights 
       and remedies which Canada or the Minister may otherwise have in 
       relation to or pursuant to this Contract.


1997-02-03SupersededK4100CARCHIVED Canadian Content Certification
1995-06-30SupersededK4100CARCHIVED Canadian Content Certification
1992-04-01SupersededK4100CARCHIVED Canadian Content

K5000D

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5000DARCHIVED CKTEA Definitions

Remarks – Recommended Use of SACC Item

Use the following clause whenever definitions are required for procurement 
covered by the special procedures under the Canada-Korea Agreement on the 
Procurement of Telecommunications Equipment (CKTEA).

This clause should not be used when the procurement is also covered by the World 
Trade Organization - Agreement on Government Procurement (WTO-AGP).  The special 
procedures under the CKTEA should only be used for procurement not covered by 
the WTO-AGP.  For procurement covered by both the CKTEA and the WTO-AGP, 
procedures for the WTO-AGP are followed. 

This clause must always be used whenever clauses K5001T, K5002T, K5003T, K5004T, 
K5005T, K5006T, K5011T, K5013T and K5014T are used.

Legal text for SACC item

For the purpose of the Canada-Korea Agreement on the Procurement of 
Telecommunications Equipment (CKTEA):

1.     (a)    A Good is considered a Canadian or Korean good if it is 
              considered so under Canada's "Determination of Country of 
              Origin for the Purposes of Marking Goods (NAFTA Countries) 
              Regulations".  Article 8 of these Regulations, which provides 
              for a North American Free Trade Agreement (NAFTA) tariff 
              preference override, cannot be used for determining whether a 
              good is Canadian.

       (b)    An Incidental Service means any service that is included in a 
              tender for the procurement of a Covered Good under this 
              Agreement.

              A Service provided by an individual based in Canada or Korea 
              is considered a Canadian or Korean service, respectively.  
              Where a requirement consists of only one service, which is 
              being provided by more than one individual, the service will 
              be considered Canadian or Korean if a minimum of 60 percent 
              of the total bid price for the service is provided by 
              individuals based in Canada or Korea.

       (c)    "Territory" means:

              (i)    with respect to Korea, the territory of Korea as well 
                     as those maritime areas, including the seabed and 
                     subsoil adjacent to the outer limit of the territorial 
                     areas over which Korea exercises, in accordance with 
                     international law, sovereign rights or jurisdiction 
                     for the purpose of exploration and exploitation of 
                     natural resources of such areas.

              (ii)   with respect to Canada, the territory to which its 
                     customs laws apply, including any areas beyond the 
                     territorial seas of Canada within which, in accordance 
                     with international law and its domestic laws, Canada 
                     may exercise rights with respect to the seabed and 
                     subsoil and their natural resources.

2.     Variety of goods: When requirements consist of more than one good, 
       the evaluation can be done in two ways:

       (a)    aggregate evaluation: no less than 60 percent of the total 
              bid price must consist of Canadian and/or Korean goods; or, 

       (b)    item by item evaluation: in some cases, the bid evaluation 
              may be conducted on an item-by-item basis and contracts may 
              be awarded to more than one supplier. In these cases, 
              suppliers will be asked to identify separately each item that 
              meets the definition of Canadian or Korean goods.

3.     Mix of goods and services: when requirements consist of a mix of 
       goods and services, no less than 60 percent of the total bid price 
       must consist of Canadian and/or Korean goods and services (as 
       defined above).

2001-12-10SupersededK5000DARCHIVED CKTEA Definitions

K5001T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5001TARCHIVED CKTEA Certification - Mandatory With Bid - Solely Limited - Single Item or Aggregate Basis

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual), where 
competition is being solely limited to bids offering Canadian and/or Korean 
Goods and Services and where it is mandatory that bidders submit a certification 
with their bid.  This clause is to be used for single item requirements and 
multi-item requirements that are being certified on an aggregate basis. 

This clause must be used in conjunction with clause K5000D, CKTEA Definitions.

Legal text for SACC item

1.     This procurement is limited to Canadian and/or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions.

2.     The Bidder represents and warrants that, of the Goods and Services 
       being offered, no less than 60 percent of the bid price consists of 
       Canadian and/or Korean Goods and Services as defined in clause 
       K5000D, CKTEA Definitions. 

3.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid. Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require. 

4.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

5.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

6.     Failure to execute this representation and warrantee on the 
       signature block immediately following this paragraph and to include 
       it with the bid will render the bid non-responsive.



       ___________________  ___________________
              Signature                   Date

2001-12-10SupersededK5001TARCHIVED CKTEA Certification

K5002T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5002TARCHIVED CKTEA Certification - Conditionally Limited - Single Item or Aggregrate Basis

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual) and where 
competition is being conditionally limited to bids offering Canadian and/or 
Korean Goods and Services.  This clause is to be used for single item 
requirements and multi-item requirements that are being certified on an 
aggregate basis. 

This clause must be used in conjunction with clause K5000D, CKTEA Definitions.

Legal text for SACC item

1.     This procurement is subject to a preference for Canadian and/or 
       Korean Goods and Services as defined in clause K5000D, CKTEA 
       Definitions.

2.     Bids that include this representation and warranty will be given 
       preference over other bids, if there are two or more bids with a 
       valid certification.

3.     By executing this representation and warranty, the Bidder Represents 
       and warrants that, of the goods and services being offered, no less 
       than 60 percent of the bid price consists of Canadian and/or Korean 
       Goods and Services, as defined in the clause K5000D, CKTEA 
       Definitions.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid. Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will result in the Goods and Services offered being treated 
       as non-Canadian and/or non-Korean.



       ___________________  ___________________
              Signature                   Date

2001-12-10SupersededK5002TARCHIVED CKTEA Certification

K5003T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5003TARCHIVED CKTEA Certification - Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Bid

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual), where 
competition is being solely limited to bids offering Canadian and/or Korean 
Goods and Services and where it is mandatory that bidders submit a certification 
with their bid.  This clause is to be used for multi-item requirements that are 
being certified on an individual item basis and where the bidder will be 
required to indicate beside each item, listed in the bid, whether the item is 
Canadian or Korean.

This clause must be used in conjunction with clause K5000D, CKTEA Definitions.

Legal text for SACC item

1.     This procurement is limited to Canadian and/or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions.

2.     By executing this representation and warranty, the Bidder represents 
       and warrants that, of the goods and services being offered, items 
       individually identified as such in the bid are Canadian or Korean 
       Goods and Services as defined in clause K5000D, CKTEA Definitions, 
       and acknowledges that only those items will receive consideration.

3.     Bids may be accepted in whole or in part.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid. Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     Failure to execute this representation and warrantee on the 
       signature block immediately following this paragraph and to include 
       it with the bid will render the bid non-responsive.



       ___________________  ___________________
              Signature                   Date

2001-12-10SupersededK5003TARCHIVED CKTEA Certification

K5004T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5004TARCHIVED CKTEA Certification - Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Clause

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual), where 
competition is being solely limited to bids offering Canadian and/or Korean 
Goods and Services and where it is mandatory that bidders submit a certification 
with their bid.  This clause is to be used for multi-item requirements that are 
being certified on an individual item basis and where the bidder is to list in 
the clause those items in its bid that are to be considered Canadian or Korean 
Goods and Services.

This clause must be used in conjunction with clause K5000D, CKTEA Definitions. 

Legal text for SACC item

1.     This procurement is limited to Canadian and/or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions.

2.     Bids may be accepted in whole or in part.

3.     The Bidder represents and warrants that, of the Goods and Services 
       being offered, the following items are Canadian or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions, and 
       acknowledges that only those items will receive consideration.

       ____________________

       ____________________

       ____________________

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     Failure to execute this representation and warrantee on the 
       signature block immediately following this paragraph and to include 
       it with the bid will render the bid non-responsive.



       ___________________  ___________________ 
              Signature                   Date

2001-12-10SupersededK5004TARCHIVED CKTEA Certification

K5005T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5005TARCHIVED CKTEA Certification - Conditionally Limited - Multi-Item Requirements Listed in Bid

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual) and where 
competition is being conditionally limited to bids offering Canadian and/or 
Korean Goods and Services.  This clause is to be used for multi-item 
requirements that are being certified on an individual item basis and where the 
bidder will be required to indicate beside each item, listed in the bid, whether 
the item is Canadian or Korean. 

This clause must be used in conjunction with clause K5000D, CKTEA Definitions. 

Legal text for SACC item

1.     This procurement is subject to a preference for Canadian and/or 
       Korean Goods and Services as defined in clause K5000D, CKTEA 
       Definitions.

2.     On an item-by-item basis, items that include this representation and 
       warranty will be given preference over other bids, if there are two 
       or more bids with a valid certification. Bids may be accepted in 
       whole or in part.

3.     By executing this representation and warranty, the Bidder represents 
       and warrants that, of the goods and services being offered, items 
       individually identified as such in the bid are Canadian or Korean 
       Goods and Services as defined in clause K5000D, CKTEA Definitions, 
       and acknowledges that only those items will receive consideration.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will result in all Goods and Services offered being treated 
       as non-Canadian and non-Korean.



       ___________________         ___________________
       Signature                          Date

2001-12-10SupersededK5005TARCHIVED CKTEA Certification

K5006T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5006TARCHIVED CKTEA Certification - Conditionally Limited - Multi-Item Requirements Listed in Clause

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual) and where 
competition is being conditionally limited to bids offering Canadian and/or 
Korean Goods and Services.  This clause is to be used for multi-item 
requirements that are being certified on an individual item basis and where the 
bidder is to list in the clause those items in its bid that are to be considered 
Canadian or Korean Goods and Services.

This clause must be used in conjunction with clause K5000D, CKTEA Definitions.

Legal text for SACC item

1.     This procurement is subject to a preference for Canadian and/or 
       Korean Goods and Services as defined in clause K5000D, CKTEA 
       Definitions.

2.     On an item-by-item basis, items that include this representation and 
       warranty will be given preference over other bids, if there are two 
       or more bids with a valid certification. Bids may be accepted in 
       whole or in part.

3.     The Bidder represents and warrants that, of the Goods and Services 
       being offered, the following items are Canadian or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions, and 
       acknowledges that only those items will receive consideration.

       ____________________

       ____________________

       ____________________

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     Failure to execute this representation and warranty on the signature 
       block immediately following this paragraph and to include it with 
       the bid will result in all Goods and Services offered being treated 
       as non-Canadian and non-Korean.



                                                
              Signature         Date


2001-12-10SupersededK5006TARCHIVED CKTEA Certification

K5011T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5011TARCHIVED CKTEA Certification - Not Mandatory With Bid - Solely Limited - Single Item or Aggregate Basis

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual), where 
competition is being solely limited to bids offering Canadian and/or Korean 
Goods and Services and where it is not mandatory that bidders submit a 
certification with their bid.  This clause is to be used for single item 
requirements and multi-item requirements that are being certified on an 
aggregate basis.

This clause must be used in conjunction with clause K5000D, CKTEA Definitions.

Legal text for SACC item

1.     This procurement is limited to Canadian and/or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions.

2.     The Bidder represents and warrants that, of the Goods and Services 
       being offered, no less than 60 percent of the bid price consists of 
       Canadian and/or Korean Goods and Services as defined in clause 
       K5000D, CKTEA Definitions. 

3.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

4.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

5.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

6.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph is a condition to render 
       the bid responsive.  Failure to provide the signed certification 
       upon request within _____ calendar days, if it is not submitted with 
       bid, will render the bid non-responsive.


       ___________________  ___________________
              Signature                   Date

K5013T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5013TARCHIVED CKTEA Certification - Not Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Bid

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual), where 
competition is being solely limited to bids offering Canadian and/or Korean 
Goods and Services and where it is not mandatory that bidders submit a 
certification with their bid. This clause is to be used for multi-item 
requirements that are being certified on an individual item basis and where the 
bidder will be required to indicate beside each item, listed in the bid, whether 
the item is Canadian or Korean.

This clause must be used in conjunction with clause K5000D, CKTEA Definitions.

Legal text for SACC item

1.     This procurement is limited to Canadian and/or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions.

2.     By executing this representation and warranty, the Bidder represents 
       and warrants that, of the goods and services being offered, items 
       individually identified as such in the bid are Canadian or Korean 
       Goods and Services as defined in clause K5000D, CKTEA Definitions, 
       and acknowledges that only those items will receive consideration.

3.     Bids may be accepted in whole or in part.

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph is a condition to render 
       the bid responsive.  Failure to provide the signed certification 
       upon request within _____ calendar days, if it is not submitted with 
       bid, will render the bid non-responsive.



       ___________________  ___________________
              Signature                   Date

K5014T

Effective Date
Item Status
ID
Title
2002-05-24CancelledK5014TARCHIVED CKTEA Certification - Not Mandatory With Bid - Solely Limited - Multi-Item Requirements Listed in Clause

Remarks – Recommended Use of SACC Item

Use the following clause in all competitive bid solicitations in which the 
special procedures under the CKTEA are applicable (see Supply Manual), where 
competition is being solely limited to bids offering Canadian and/or Korean 
Goods and Services and where it is not mandatory that bidders submit a 
certification with their bid.  This clause is to be used for multi-item 
requirements that are being certified on an individual item basis and where the 
bidder is to list in the clause those items in its bid that are to be considered 
Canadian or Korean Goods and Services.

This clause must be used in conjunction with clause K5000D, CKTEA Definitions. 

Legal text for SACC item

1.     This procurement is limited to Canadian and/or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions.

2.     Bids may be accepted in whole or in part.

3.     The Bidder represents and warrants that, of the Goods and Services 
       being offered, the following items are Canadian or Korean Goods and 
       Services as defined in clause K5000D, CKTEA Definitions, and 
       acknowledges that only those items will receive consideration.

       ____________________

       ____________________

       ____________________

4.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and to enter into any 
       contract resulting from this bid.  Such representation and warranty 
       of Canadian and/or Korean content may be verified in such manner as 
       the Minister may reasonably require.

5.     Should a verification by the Minister disclose a breach of such 
       covenant, the Minister shall have the right to treat any contract 
       resulting from this bid as being in default.

6.     If a Bidder is unable to verify the origin of Goods or Services 
       offered in the bid, then the bid will be considered non-responsive.

7.     The execution of this representation and warranty on the signature 
       block immediately following this paragraph is a condition to render 
       the bid responsive.  Failure to provide the signed certification 
       upon request within _____ calendar days, if it is not submitted with 
       bid, will render the bid non-responsive.




       ___________________  ___________________
              Signature                   Date

K5100C

Effective Date
Item Status
ID
Title
2001-12-10CancelledK5100CARCHIVED CKTEA Certification

Remarks – Recommended Use of SACC Item

Use the following clause in all contracts where the winning bidder's eligibility 
for consideration required the completion and submission of a signed CKTEA 
certification.

Legal text for SACC item

1.     The Contractor represents and warrants that the certification of 
       Canadian and/or Korean content submitted with its bid is accurate 
       and complete, and that the goods and services to be provided to 
       Canada pursuant to this Contract will be in accordance with the said 
       certification. The Contractor acknowledges that the Minister has 
       relied upon such representation and warranty to enter into this 
       Contract. Such representation and warranty may be verified in such 
       manner as the Minister may reasonably require.

2.     The Contractor acknowledges that in the event of a breach of such 
       covenant, the Minister shall have the right to treat the Contract as 
       being in default in accordance with the default provisions of  the 
       Contract.

3.     The Contractor shall keep proper records and documentation relating 
       to the origin of the goods and services provided to Canada. The 
       Contractor shall not, without the prior written consent of the 
       Minister, dispose of any such records or documentation until the 
       expiration of six (6) years after final payment under this Contract, 
       or until settlement of all outstanding claims and disputes, 
       whichever is later. All such records and documentation shall at all 
       times during the aforementioned retention period be open to audit, 
       inspection and examination by the authorized representatives of the 
       Minister, who may make copies and take extracts thereof. The 
       Contractor shall provide all facilities  for such audits, 
       inspections and examinations, and shall furnish all such information 
       as the representatives of the Minister may from time to time require 
       with respect to such records and documentation.

4.     Nothing in this clause shall be interpreted as limiting the rights 
       and remedies which Canada or the Minister may otherwise have in 
       relation to or pursuant to this Contract.

K9000C

Effective Date
Item Status
ID
Title
1998-06-15SupersededK9000CARCHIVED Common Ownership Control

Remarks – Recommended Use of SACC Item

Use this clause in contracts where, during the price negotiation process, the 
contractor has represented that it is not under common ownership control of 
another division, parent company or affiliate supplying materials and/or 
services in connection with the work under the contract. See Supply Manual.

Legal text for SACC item

The Contractor warrants that it is not under common ownership control of 
another division, parent company or affiliate supplying materials and/or 
services in connection with the performance of the Work under the Contract. 
For the purposes of this warranty, the phrase "ownership control" means 
that at least 50 percent of the voting rights are held by the related 
entity. The Contractor acknowledges that the Minister has relied on the 
warranty in establishing the price payable under the Contract and that, in 
the event of breach of such warranty, the Minister shall have the right to 
treat this Contract as being in default or, alternatively, the right to 
readjust the price to reflect the level of profit payable under 
departmental policy when common ownership control exists, as set out in the 
Department of Public Works and Government Services (DPWGS) Transfer Pricing 
Policy, copy of which the Contractor acknowledges to have received and 
which has been published in Chapter 10 of the DPWGS Supply Manual.

1995-03-31SupersededK9000CARCHIVED Common Ownership Control
1991-06-01SupersededK9000CARCHIVED Common Ownership Control

K9001T

Effective Date
Item Status
ID
Title
2000-12-01CancelledK9001TARCHIVED Joint Venture

Remarks – Recommended Use of SACC Item

Use the following clause in bid solicitations relating to acquisition for which 
joint venture proposals have been anticipated as eligible. (Refer to the Supply 
Manual, procedure 7A.133.)

Legal text for SACC item

1.     The Bidder represents that the bidding entity is/is not (delete as 
       applicable) a joint venture in accordance with the definition in 
       paragraph 3.

2.     A Bidder that is a joint venture represents the following additional 
       information:

       (a)    Type of joint venture (mark applicable choice):

              _____ incorporated joint venture
              _____ limited partnership joint venture
              _____ partnership joint venture
              _____ contractual joint venture
              _____ other

       (b)    Composition: (names and addresses of all members of the joint 
              venture.)

3.     Definition of joint venture

       A joint venture is an association of two or more parties who combine 
       their money, property, knowledge, skills, time or other resources in 
       a joint business enterprise agreeing to share the profits and the 
       losses and each having some degree of control over the enterprise. 
       Joint ventures may be carried on in a variety of legal forms divided 
       into three categories:

       (a)    the incorporated joint venture;
       (b)    the partnership venture;
       (c)    the contractual joint venture where the parties combine their 
              resources in the furtherance of a single business enterprise 
              without actual partnership or corporate designation.

4.     The joint venture team arrangement is to be distinguished from other 
       types of contractor arrangements, such as:

       (a)    prime contractor, in which, for example, the purchasing 
              agency contracts directly with a contractor (prime) who acts 
              as the system assembler and integrator, with major components, 
              assemblies and subsystems normally subcontracted; 
       (b)    associated contractor, in which for example, the purchasing 
              agency contracts directly with each of the major component 
              suppliers and performs the integration tasks or awards a 
              separate contract for this purpose.


1991-06-01SupersededK9001TARCHIVED Joint Venture

K9002D

Effective Date
Item Status
ID
Title
2000-12-01CancelledK9002DARCHIVED Canadian Arsenals Limited, Certification

Remarks – Recommended Use of SACC Item

Use the following clause in all bid solicitations/contractual documents 
involving Canadian Arsenals Limited. (Refer to the Supply Manual, procedures 
7A.055 and 7A.056

Legal text for SACC item

1.     The Corporation acknowledges that it has received, read and 
       understood the Canadian ownership requirements contained in the 
       Canadian Arsenals Limited Divestiture Authorization Act.

2.     The Corporation certifies that it is in full compliance with the 
       requirements of the Act and the terms of the Purchase and Sale 
       Agreement between the Minister of Public Works and Government 
       Services and S.N.C. Defence Products Incorporated.

3.     In the event that it is determined that this certification made by 
       the Corporation is untrue, whether made knowingly or unknowingly, 
       the Contract may be determined to be in default and the Minister 
       shall be entitled, pursuant to the provisions of the Contract, to 
       terminate for default.

4.     The Minister shall have access, at all reasonable times, to the 
       Corporation's records, or to those of its transfer agent, relating 
       to the issue, transfer and ownership of its securities to which are 
       attached votes that may ordinarily be cast to elect directors of the 
       Corporation or amalgamated corporation. For this purpose, the term "
       amalgamated corporation" means a corporation that is formed by the 
       amalgamation of the Corporation with another corporation, including 
       a body corporate, association, partnership or other organization.

1997-09-15SupersededK9002DARCHIVED Canadian Arsenals Limited, Certification
1991-06-01SupersededK9002DARCHIVED Canadian Arsenals Limited, Certification

K9003C

Effective Date
Item Status
ID
Title
2003-05-30CancelledK9003CARCHIVED Timeliness

Remarks – Recommended Use of SACC Item

Use the following clause in all contracts when general conditions 1053, 
Universities and other Institutions, are incorporated into the contract. 

Legal text for SACC item

1.     Time is of the essence of the Contract.

2.     Any delay by the Contractor in performing its obligations under the 
       Contract which is caused by an event beyond the control of the 
       Contractor, and which could not have been circumvented by the 
       Contractor without incurring unreasonable cost, through the use of 
       alternative sources, work-around plans, or other means, constitutes 
       an excusable delay. Events may include but are not restricted to 
       acts of God, acts of Canada, acts of local or provincial governments, 
       fires, floods, epidemics, quarantine restrictions, strikes or labour 
       unrest, freight embargoes and unusually severe weather.

3.     The time for completing the Work which has been or is likely to be 
       delayed by reason of an excusable delay shall be extended by a 
       period equal to the length of the excusable delay, provided that the 
       Contractor shall give notice, in writing, of any excusable delay to 
       the Minister within two (2) weeks of the start of the excusable 
       delay. The notice shall contain a description of the delay and of 
       the portion of the Work affected by the delay.

4.     Within two (2) weeks from the date of the giving of notice of 
       excusable delay, the Contractor shall deliver a description, in 
       writing, of its work-around plans including alternative sources and 
       any other means that it will utilize to overcome the delay and 
       endeavour to prevent any further delay. The description shall be in 
       form, substance and detail satisfactory to the Minister.

5.     If the Contractor should not give the notice of excusable delay or 
       should not deliver its work-around plans in accordance with the 
       times stipulated, any delay shall not constitute an excusable delay.

6.     The Contractor shall implement such work-around plans only where the 
   plans will not cause any additional cost to Canada. In the event the 
   implementation of such work-around plans will cause additional cost to 
   Canada, it shall be authorized by an amendment to the Contract. 
1991-06-01SupersededK9003CARCHIVED Timeliness

K9004C

Effective Date
Item Status
ID
Title
1991-06-01CancelledK9004CARCHIVED Human Ethics Review Committee

Remarks – Recommended Use of SACC Item

Use the following clause in all Science contracts when humans will be treated as 
subjects in research activities.

Legal text for SACC item

The Contractor is to perform the Work in accordance with the research plan 
   reviewed and approved, or amended by a Human Ethics Review Committee 
   accepted by the Scientific Authority.  However, notwithstanding said 
   directions and the Contractor's undertaking to perform the Work, the 
   Contractor is to exercise due regard for the safety of human subjects, 
   and if, at any time in the Contractor's professional judgement, the life 
   or safety of a human subject may be in jeopardy, the Contractor is to 
   cease the specific activity which is the source of the jeopardy and 
   Canada agrees that it will not have cause of action against the 
   Contractor for failure to perform, provided the Minister is notified as 
   soon as possible.  In addition, the Contractor is to notify the Minister 
   by advising both the Scientific Authority and the Science Contracting 
   Officer, in writing, when, in the Contractor's professional judgement, 
   there are risks in the project itself, such that the Work should not 
   continue, so that appropriate action (either revision of the Statement 
   of Work or termination by mutual consent of the Contract) can be taken.

K9005D

Effective Date
Item Status
ID
Title
1992-01-31CancelledK9005DARCHIVED Master and Servant Relationship

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

This agreement does not create a Master and Servant agreement as between 
   the parties hereto, and does not invoke any provisions relating to the 
   Master and Servant's Act of _____ (province) or otherwise, provided that 
   the consideration hereunder is acceptable and the performance of the 
   Contract is in accordance with the terms hereof. 
1991-06-01SupersededK9005DARCHIVED Master and Servant Relationship

K9006C

Effective Date
Item Status
ID
Title
2007-05-25SupersededK9006CARCHIVED Title to Property - Vessel

Remarks – Recommended Use of SACC Item

Use the following clause in contracts when title to the vessel, including any 
government issue obtained or constructed with money provided by Canada belongs 
to Canada.

Legal text for SACC item

The Contract is a defence contract within the meaning of the Defence 
Production Act, R.S.C. 1985, c. D-1. In accordance with the provisions of 
section 20 of that Act, title to any government issue, as defined in that 
Act, furnished or made available to the Contractor or obtained or 
constructed by it with money provided by Canada belongs to Canada free and 
clear of all claims, liens, charges and encumbrances.  Despite any law in 
force in any province or territory of Canada but subject to the provisions 
of the Contract, Canada is entitled, at any time, to remove, sell or 
dispose of the government issue.

In the event of default by the Contractor, Canada, or its agents, will have 
the immediate right to enter the shipyard, without first obtaining a court 
order, to take possession of the vessel and all other property of Canada, 
including, but not limited to, work-in-process located on the premises, and 
to perform any further work required to enable the vessel and other such 
property to be removed from the shipyard.

1997-09-15SupersededK9006CARCHIVED Title to Property - Vessel
1991-06-01SupersededK9006CARCHIVED Title to Property

K9007D

Effective Date
Item Status
ID
Title
1991-06-01CancelledK9007DARCHIVED Personal Injuries

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

It is understood and agreed that Her Majesty will not be liable for claims 
   in respect of death, disease, illness, injury or disability which may 
   arise in carrying out the services as defined herein.  The Contractor 
   agrees not to make any claims against Her Majesty in respect of any of 
   the foregoing contingencies.  

K9009D

Effective Date
Item Status
ID
Title
2000-12-01SupersededK9009DARCHIVED Air Charter Conditions

Remarks – Recommended Use of SACC Item

No remarks.

Legal text for SACC item

1.     Interpretation

       1.1    "day" means any period 24 consecutive hours;
       1.2    "month" means any period of 30 consecutive days; and
       1.3    "flight" means the movement of an aircraft from the point of 
              take-off to the first point of landing.

2.     Operation, Interruption or Cancellation of Charter Flights

       2.1    The Carrier shall have exclusive operational control over 
              chartered aircraft and the contents and crew thereof.

       2.2    Every person who is provided with transportation on a 
              chartered aircraft shall comply with all the terms and 
              conditions of the contract, and all persons and property 
              aboard a chartered aircraft shall be subject to the authority 
              of the pilot-in-charge.

       2.3    The Carrier may:

              (a)    cancel or terminate a charter or any flight of a 
                     charter at any time,
              (b)    return to base or to the last point of landing, or
              (c)    divert or land at an intermediate point,

              when such action is deemed by the Carrier to be necessary 
              owing to the unserviceability of the aircraft, weather 
              conditions or other conditions beyond the control of the 
              Carrier.

3.     Dangerous Goods

       The Charterer and the Carrier shall comply with the applicable 
       governmental regulations governing the carriage of dangerous goods.

4.     Space for the Carrier's Use

       Any capacity in the chartered aircraft not being utilized by the 
       Charterer may, unless the Charterer objects, be used by the Carrier 
       for the carriage of its own personnel, baggage or goods.

5.     Cancellations, Non-Completions or Deviations

       5.1    When a charter is cancelled by the Carrier after commencement, 
              charges shall be charged for the completed portion only.

       5.2    No charges shall be charged to the Charterer:

              (a)    where flights are not completed due to mechanical 
                     failure or crew casualties and the Carrier fails to 
                     arrange satisfactory alternative transportation; or

              (b)    in respect of any flying in an unsuccessful attempt to 
                     complete a flight required under the charter, unless 
                     the Charterer, his servant or agent agreed to such 
                     flying being done.

6.     Substitution of Aircraft

       6.1    When, owing to causes beyond the control of the Carrier, the 
              chartered aircraft is unavailable at the time the charter 
              commences or becomes unavailable while carrying out the 
              charter, the Carrier may furnish another aircraft of the same 
              type or, with the consent of the Charterer, substitute any 
              other type of aircraft at the rates and charges applicable to 
              the aircraft originally chartered except as provided in 
              subsections 6.2 and 6.3.

       6.2    When a substituted aircraft is capable of a larger payload 
              than the aircraft originally chartered, the payload carried 
              in the substituted aircraft shall not be greater than the 
              payload that would have been available in the aircraft 
              originally chartered, unless the Charterer agrees to pay the 
              rates and charges applicable to the substituted aircraft.

       6.3    When the maximum payload of a substituted aircraft is smaller 
              than the maximum payload of the aircraft originally chartered, 
              charges shall be based on the rates and charges applicable to 
              the type of substituted aircraft, except that where such 
              rates and charges are higher than those for the aircraft 
              originally chartered, the rates and charges for the original 
              aircraft chartered shall apply.

7.     Determination of Firm Rate Per Hour

       7.1    Except as provided in subsection 7.2, the hours and minutes 
              for which a charge is made shall be computed from the time 
              the aircraft leaves the surface of the earth and terminating 
              when the aircraft touches the surface of the earth at the 
              next point of landing. The term "Firm Rate Per Hour" is an 
              hourly charge or portion thereof of "Air Time" as defined in 
              the Canadian Aviation Regulations, Part VIII, Air Navigation 
              Services, and will be the basis of calculating charges for 
              air services.

       7.2    When operations involve a continuous succession of flights, 
              each of less than ten (10) minutes duration, and the engine 
              is not shut down between such flights, air time shall be 
              computed from the time the aircraft leaves the surface of the 
              earth for the first flight and ceases when the aircraft 
              touches the surface of the earth at the final point of 
              landing.

       7.3    In determining the duration of a flight:

              (a)    each fraction of an hour shall be stated as a decimal, 
                     established on the basis of a six minute period,
              (b)    each period of less than three minutes shall be 
                     rounded to zero, and
              (c)    each period of between three and six minutes shall be 
                     rounded to six minutes,

              except that no flight shall be considered to have a duration 
              of less than 0.1 hour.

8.     Application of Rates and Charges Fixed Wing Only

       8.1    On charters rates per mile shall apply for all point-to-point 
              flights where flight distances are measurable.

       8.2    Rates per hour shall apply when the Carrier is providing air 
              service for a Charterer engaged in operations involving 
              flights or parts thereof where flight distances are not 
              measurable, or when requested by Charterer and such request 
              is noted by the Carrier on the invoice.

9.     Methods of Measuring Distance Fixed Wing Only

       9.1    When a flight is required to be flown over airways routes or 
              routes prescribed by the Department of Transport, the 
              distances shall be measured in straight lines along such 
              routes.

       9.2    The distances of flights, other than a flight referred to in 
              subsection 9.1, shall be measured in a straight line between 
              the places of commencement and termination of the work 
              provided for in the charter, using standard 8 miles to 1 inch 
              aeronautical charts of the National Topographic Series, as 
              issued by the Department of Natural Resources, Ottawa.


1992-08-01SupersededK9009DARCHIVED Air Charter Conditions
1992-01-31SupersededK9009DARCHIVED Air Charter Conditions

K9010C

Effective Date
Item Status
ID
Title
2007-11-30ActiveK9010CTransfer of Ownership

Remarks – Recommended Use of SACC Item

Use the following clause in contracts with suppliers located in California when ownership will not be transferred to Canada until delivery of the goods, and payment will be made either by progress or advance payments.

Use this clause in conjunction with C2002C and D4003C .

Legal text for SACC item

Payments made under clauses relating to progress or advance payments will not constitute or result in a transfer of ownership of the raw materials, work-in-process, finished goods or other articles.

1993-10-29SupersededK9010CARCHIVED Passage of Title

K9012C

Effective Date
Item Status
ID
Title
2021-05-20CancelledK9012CConditions Precedent to Payment

Remarks – Recommended Use of SACC Item

This clause is cancelled as it is no longer in use by Canada.

Legal text for SACC item

See revision history.
2010-08-16SupersededK9012CARCHIVED Conditions Precedent to Payment
2008-05-12SupersededK9012CARCHIVED Conditions Precedent to Payment

K9015C

Effective Date
Item Status
ID
Title
2002-12-13SupersededK9015CARCHIVED Ontario Labour Legislation

Remarks – Recommended Use of SACC Item

Use this clause in contract documents where information is to be provided by the 
contractor in accordance with Ontario Labour Legislation requirements for 
janitorial, food catering and security service contracts.

Legal text for SACC item

1.     Without restricting the generality of the foregoing, the Contractor 
       shall keep its employees' records up to date and, upon request by 
       the Minister, submit to the Minister, within seven (7) days of the 
       date of the request, the following information regarding its 
       employees, as provided for in section 77 (2) of the Employment 
       Standard Act, 2000, and as set out in Ontario Regulation 287/01:

       (a)    the employee's name, residential address and telephone number;

       (b)    his or her job classification or job description;

       (c)    the wage rate actually paid to the employee;

       (d)    a description of the benefits, if any, provided to the 
              employee including the cost of each benefit and the benefit 
              period to which the cost relates;

       (e)    the number of hours that the employee works in a regular non- 
              overtime work week, or if hours vary from week to week, the 
              number of the employee's non-overtime hours for each week 
              that the employee worked during the thirteen (13) weeks 
              preceding the date of the request for information;

       (f)    the date on which the employer hired the employee;

       (g)    any period of employment attributed to the employer under 
              section 10 of the Act;

       (h)    the number of weeks that the employee worked at the premises 
              during the 26 weeks preceding the date on which the request 
              was made for the information (the 26-week period shall be 
              calculated without including any period during which the 
              provision of services at the premises was temporarily 
              discontinued, or during which the employee was on a leave 
              under Part XIV of the Act);

       (i)    a statement indicating whether the employee

              (1)    is actively employed in providing services at the 
                     premises but whose job duties were not primarily 
                     performed at the premises during the thirteen (13) 
                     weeks immediately preceding the date on which the 
                     request was made for the information;

              (2)    is employed, but not actively employed, in providing 
                     services at the premises but whose job duties were not 
                     primarily performed at the premises during his or her 
                     most recent thirteen (13) weeks of active employment.

2.     In addition to the above information, the Contractor shall, upon 
       request, provide the Minister, within seven (7) days after the date 
       of the request, with an up-to-date copy of the collective agreement 
       regarding the employees at the premises or, if no collective 
       agreement exists for these premises, a copy of the union certificate 
       regarding these employees or, if no union certificate was issued, a 
       copy of any pending union application.

3.     Between the date the information described above is provided by the 
       Contractor and the expiry date of the Contract, the Contractor shall 
       provide the Minister with updated information immediately any 
       changes to said information occur.

4.     The information described above, with the exception of 1.a), will be 
       provided by the Contracting Authority to prospective bidders for a 
       future contract for those services relating to the premises.


1996-10-30SupersededK9015CARCHIVED Ontario Labour Legislation
1995-03-31SupersededK9015CARCHIVED Ontario Labour Legislation

K9015T

Effective Date
Item Status
ID
Title
2002-12-13SupersededK9015TARCHIVED Ontario Labour Legislation

Remarks – Recommended Use of SACC Item

Use this clause in bid solicitation where information is provided to bidders in 
accordance with Ontario Labour Legislation requirements for janitorial, food 
catering and security service contracts.

Legal text for SACC item

1.     In accordance with the requirements of Section 77(1) of the 
       Employment Standards Act, 2000, the following information concerning 
       each employee of the previous employer providing services at the 
       premises is attached hereto:

       (a)     job classification or job description for each employee;

       (b)    the wage rate actually paid to the employee;

       (c)    a description of the benefits, if any, provided to the 
              employee including the cost of each benefit and the benefit 
              period to which the cost relates;

       (d)     the number of hours that the employee works in a regular 
              non- overtime work week, or if hours vary from week to week, 
              the number of the employee's non-overtime hours for each week 
              that the he/she worked during the 13 weeks preceding the date 
              of the request for information;

       (e)    the date on which the employer hired the employee;

       (f)    any period of employment attributed to the employer under 
              Section 10 of the Act;

       (g)    the number of weeks that the employee worked at the premises 
              during the 26 weeks preceding the date on which the request 
              was made for the information (the 26-week period shall be 
              calculated without including any period during which the 
              provision of services at the premises was temporarily 
              discontinued, or during which the employee was on a leave 
              under Part XIV of the Act);

       (h)    a statement indicating whether the employee 

              (1)    is actively employed in providing services at the 
                     premises but whose job duties were not primarily 
                     performed at the premises during the thirteen (13) 
                     weeks immediately preceding the date on which the 
                     request was made for the information; or,

              (2)    is employed, but not actively employed, in providing 
                     services at the premises but whose job duties were not 
                     primarily performed at the premises during his or her 
                     most recent thirteen (13) weeks of active employment.

2.     The name, address and telephone number of each employee as they 
       appear in the previous employer's records will be provided to the 
       successful bidder after award of the Contract.

3.     In addition to the above information, a copy of either the 
       collective agreement, union certificate, or pending union 
       applications regarding the employees at the premises is also 
       attached, if applicable.

4.     Bidders shall use the information referred to in subparagraphs 1.(a) 
       to 1.(h) (and paragraph 3 if applicable) above only for the purposes 
       of preparing their bids and complying with the Act, and shall not 
       disclose such information except as may be authorized by the 
       Minister in writing. 

5.     The enclosed information concerning the employees of the previous 
       employer providing services at the premises has been received from 
       the previous employer and the Minister is unable to warrant its 
       accuracy or completeness.  If you require verification or further 
       information, please contact: _____ 

6.     Canada does not warrant the accuracy or completeness of any 
       information concerning the employees of the previous employer 
       providing services at the premises, nor shall it be responsible for 
       any damage or loss which may result from use of or reliance upon any 
       of this information.

1996-10-30SupersededK9015TARCHIVED Ontario Labour Legislation
1995-03-31SupersededK9015TARCHIVED Ontario Labour Legislation

K9025C

Effective Date
Item Status
ID
Title
1997-09-15SupersededK9025CARCHIVED Aboriginal Business Certification

Remarks – Recommended Use of SACC Item

Use the following clause in contracts for procurements subject to the Set-Aside 
Program for Aboriginal Business. When the General Conditions to be used in the 
bid solicitation and contract do not include an entire agreement provision, the 
clause K9026D, Entire Agreement, must also be used.

Legal text for SACC item

1.     The Contractor represents and warrants that the certification of 
       compliance with the definition of an Aboriginal business set out in 
       Requirements for the Set-Aside Program for Aboriginal Business and 
       submitted with its bid is and remains accurate and complete. The 
       Contractor acknowledges that the Minister has relied upon such 
       representation and warranty to enter into this Contract. Such 
       representation and warranty may be verified in such manner as the 
       Minister may reasonably require.

2.     The Contractor acknowledges that in the event of a breach of this 
       covenant, the Minister shall have the right to treat the Contract as 
       being in default in accordance with the default provisions of the 
       Contract.

3.     The Contractor shall keep proper records and documentation relating 
       to the accuracy of the certification provided to Canada. The 
       Contractor shall not, without the prior written consent of the 
       Minister, dispose of any such records or documentation supporting 
       the accuracy of the certification until the expiration of six (6) 
       years after final payment of this Contract, or until settlement of 
       all outstanding claims and disputes, resulting from a dispute under 
       this contract, whichever is later. All such records and 
       documentation shall at all times during the aforementioned retention 
       period be open to audit, inspection and examination by the 
       authorized representatives of the Minister, who may make copies and 
       take extracts thereof. The Contractor shall provide all facilities  
       for such audits, inspections and examinations, and shall furnish all 
       such information as the representatives of the Minister may from 
       time to time require with respect to such records and documentation.

4.     Nothing in this clause shall be interpreted as limiting the rights 
       and remedies which Canada or the Minister may otherwise have in 
       relation to or pursuant to this Contract.

K9025T

Effective Date
Item Status
ID
Title
1997-09-15SupersededK9025TARCHIVED Set-Aside / Aboriginal Business

Remarks – Recommended Use of SACC Item

Use the following clause in bid solicitations for procurements subject to the 
Set-Aside Program for Aboriginal Business. When the General Conditions to be 
used in the bid solicitation and contract do not include an entire agreement 
provision, the clause K9026D, Entire Agreement, must also be used.

Legal text for SACC item

1.     This procurement is set aside for Aboriginal business under the 
       federal government's Set-Aside Program for Aboriginal Business. 
       Bidders must complete and sign the certification "Certification 
       Requirements for the Set-Aside Program for Aboriginal Business" 
       contained in Appendix "____", Requirements for the Set-Aside Program 
       for Aboriginal Business, and this certification shall be submitted 
       with the proposal. It is a precondition to the submission of a valid 
       bid that this certification be accurately completed. Failure to 
       complete and submit the Certification with the proposal shall render 
       the proposal non-compliant.

2.     By executing the certification, the Bidder represents and warrants 
       that it is an Aboriginal business as defined in the Set-Aside 
       Program for Aboriginal Business.

3.     The Bidder acknowledges that the Minister relies upon such 
       representation and warranty to evaluate bids and shall rely upon 
       such representation and warranty to enter into any contract 
       resulting from this bid. Such representation and warranty of the 
       certification may be verified in such manner as the Minister may 
       reasonably require.

4.     Should a verification by the Minister disclose a breach of such 
       representation and warranty, the Minister shall have the right to 
       disqualify the bid or to treat any contract resulting from this bid 
       as being in default and render it subject to the remedies set out in 
       the certification and General Conditions.


K9026D

Effective Date
Item Status
ID
Title
1997-09-15CancelledK9026DARCHIVED Entire Agreement

Remarks – Recommended Use of SACC Item

Use the following clause in bid solicitations and contracts for procurements 
subject to the Set-Aside Program for Aboriginal Business when the General 
Conditions to be used in the bid solicitation and contract do not include an 
entire agreement provision.

Legal text for SACC item

The Contract, including all Appendices, Annexes and all terms and 
conditions, including those incorporated by reference and the Requirements 
for the Set-Aside Program for Aboriginal Business and "Certification 
Requirements for the Set-Aside Program for Aboriginal Business" documents 
as completed and submitted by the Bidder, constitute the entire and sole 
agreement between the parties with respect to the subject matter of the 
Contract and supersedes all previous negotiations, communications and other 
agreements, whether written or oral, relating to it, unless they are 
incorporated by reference in the Contract. There are no terms, covenants, 
representations, statements of conditions binding on the parties other than 
those contained in the Contract.


K9035D

Effective Date
Item Status
ID
Title
1998-11-23SupersededK9035DARCHIVED Handling of Personal Information

Remarks – Recommended Use of SACC Item

Use the following clause in all contract documents which call for the collection 
or creation of personal information. This includes contracts for investigations 
relating to specific individuals in cases such as harassment or the employment 
status of a public servant.

Legal text for SACC item

The Contractor acknowledges that Canada is bound by the Privacy Act, R.S.C. 
1985, c. P-21, with respect to the protection of personal information as 
defined in that Act. The Contractor shall keep private and confidential any 
such personal information collected, created or handled by the Contractor 
under the Contract, and shall not use, copy, disclose, dispose of or 
destroy such personal information except in accordance with this clause and 
the delivery provisions of the Contract. All such personal information is 
the property of Canada, and the Contractor shall have no right in or to 
that information.  The Contractor shall deliver to Canada all such personal 
information in whatever form, including all working papers, notes, 
memoranda, reports, data in machine-readable format or otherwise, and 
documentation which have been made or obtained in relation to this Contract, 
upon the completion or termination of the Contract, or at such earlier time 
as the Minister may request. Upon delivery of the personal information to 
Canada, the Contractor shall have no right to retain that information in 
any form and shall ensure that no record of the personal information 
remains in the Contractor's possession.


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