Archived - Standard Acquisition Clauses and Conditions Manual - R - Real Property Contracting
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Table of contents
Real Property Contracting
R0000D
Effective Date
Item Status
ID
Title
2000-05-12CancelledR0000DARCHIVED Standard Construction Contract-Synopsis
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada The following standard documents were previously posted on the OBS/MERX electronic bulletin board and became effective for major works construction projects advertised on and after August 12, 1996: 1. Standard Construction Contract PWGSC-TPSGC 13000 (01/01/96) 2. General Instructions to Tenderers PWGSC-TPSGC 13001 (01/01/96) 3. Articles of Agreement PWGSC-TPSGC 13002 (01/01/96) 4. Terms of Payment "B" PWGSC-TPSGC 13003 (01/01/96) 5. General Conditions "C" PWGSC-TPSGC 13004 (01/01/96) 6. Labour Conditions "D" PWGSC-TPSGC 13901 (01/10/94) 7. Insurance Conditions "E" PWGSC-TPSGC 13902 (01/10/94) 8. Contract Security Conditions "F" PWGSC-TPSGC 13005 (01/10/94) In order to facilitate incorporation of these documents in the Standard Acquisition Clauses and Conditions Manual, they have been renumbered in line with the remainder of the material in the Manual as follows: 1. Standard Construction Contract - Synopsis - R0000D (12/05/00) 2. General Instructions to Tenderers - R0001T (12/05/00) 3. Articles of Agreement - R0200C (15/06/98) 4. Terms of Payment "B" - R0201D (16/02/98) 5. General Conditions "C" - R0202D (12/05/00) 6. Labour Conditions "D" - R0203D (16/02/98) 7. Insurance Conditions "E" - R0204D (16/02/98) 8. Contract Security Conditions "F" - R0205D (12/05/00) These documents continue to be effective for major works construction projects until further notice. With the exception of this Synopsis, there is NO CHANGE IN THE TEXT OF THE DOCUMENTS. These documents are also available electronically at the following PWGSC Internet address: http://pwgsc.gc.ca/sacc.
1999-06-21SupersededR0000DARCHIVED Standard Construction Contract-Synopsis
1998-11-23SupersededR0000DARCHIVED Standard Construction Contract-Synopsis
1998-02-16SupersededR0000DARCHIVED Standard Construction Contract-Synopsis
R0001T
Effective Date
Item Status
ID
Title
2006-06-16SupersededR0001TARCHIVED General Instructions to Tenderers
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
01 Tender Documents
02 Completion of Tender
03 Signing Procedures and Identify or Legal Capacity of the Tenderer
04 Goods and Services Tax
05 Quebec Sales Tax
06 Capital Development and Re-development Charges
07 Bid Depository
08 Registry and Pre-qualification of Floating Plant
09 Listing of Subcontractors and Suppliers
10 Tender Security Requirements
11 Submission of Tender
12 Revision of Tender
13 Acceptance of Tender
14 Language of the Tender and Contract Documents
15 Contract Security Requirements
16 Compliance with Applicable Laws
17 Approval of Alternative Materials
18 Performance Evaluation
19 Procurement Business Number (PBN)
20 Minor Irregularities
01 (2006-06-16) Tender Documents
1. The following are the tender documents:
(a) Special Instructions to Tenderers
(b) Tender Form;
(c) Plans and Specifications "A";
(d) General Instructions to Tenderers, R0001T (2006-06-16),
referred to in the tender documents as the "General
Instructions to Tenderers";
(e) Articles of Agreement "A", R0200C (2005-12-16), referred to
therein as the "Articles of Agreement";
(f) Terms of Payment "B", R0201D (2002-12-13), referred to in the
Articles of Agreement as the "Terms of Payment";
(g) General Conditions "C", R0202D (2006-06-16), referred to in
the Articles of Agreement as the "General Conditions";
(h) Fair Wages and Hours of Labour, Labour Conditions, R0203D
(2004-05-14), referred to in the Articles of Agreement as
Labour Conditions;
(i) Fair Wage Schedules for Federal Construction Contracts,
referred to in the Articles of Agreement as "Fair Wage
Schedules";
(j) Insurance Conditions "E", R0204D (2005-12-16), referred to in
the Articles of Agreement as the "Insurance Conditions";
(k) Contract Security Conditions "F", R0205D (2005-12-16),
referred to in the Articles of Agreement as the "Contract
Security Conditions";
(l) Any addenda issued before the date set for tender closing.
2. The tender documents identified in paragraphs 1.(d) to 1.(k)
inclusive by title, number and date are hereby incorporated by
reference into the tender documents and form part of the tender and
any resulting contract. Submission of a tender constitutes
acknowledgment that the Tenderer has read and agreed to be bound by
these documents and the other documents listed in subsection 1.1.
3. Except for Fair Wage Schedules for Federal Construction Contracts,
documents listed in subsection 1.1 may be obtained in print copy
from MERX in the same manner that tender packages are obtained. The
telephone number for MERX is 1-800-964-MERX (6379) all across Canada.
Documents referenced may also be viewed on the MERX Website at http:
//www.merx.com.
4. Contractors should also note that a copy of the Labour Conditions
and the Fair Wage Schedule applicable to the project location must
be posted at the work site in a convenient, easily accessible
location. Fair Wage Schedules for Federal Construction Contracts
and the Labour Conditions may be viewed and obtained from the
Department of Human Resources and Skills Development Website at:
http://www.hrsdc.gc.ca/asp/gateway.asp?hr=en/lp/lo/lswe/fw/schedule.shtml
&hs=cgp and
http://www.hrsdc.gc.ca/asp/gateway.asp?hr=en/lp/lo/lswe/fw/
conditions.shtml&hs=cgp, respectively.
02 (2004-12-10) Completion of Tender
1. The tender shall:
(a) be submitted on the Tender Form provided through MERX or on a
clear and legible reproduced copy of said Tender Form; the
reproduced copy must be identical in every respect to the
Tender Form provided through MERX;
(b) not be delivered to the Bid Receiving Unit by means of
facsimile transmission; facsimile copies of tenders are not
acceptable;
(c) be based on the tender documents listed above;
(d) be correctly completed in all respects;
(e) be signed in accordance with the signing procedures set out
herein; and
(f) be accompanied by
(i) the tender security as specified herein; and
(ii) any other document or documents specified elsewhere
in the solicitation where it is stipulated that said
documents are to accompany the tender.
2. The solicitation documentation is not available for distribution on
the actual day of tender closing.
3. Any alteration to the preprinted or pre-typed sections of the Tender
Form, or any condition or qualification placed upon the tender shall
be direct cause for disqualification. Alterations, corrections,
changes or erasures made to statements or figures entered on the
Tender Form by the Tenderer shall be initialed by the person or
persons signing the tender. Initials shall be original(s).
Alterations, corrections, changes or erasures that are not initialed
shall be deemed void and without effect.
03 (2004-12-10) Signing Procedures and Identity or Legal Capacity of
the Tenderer
1. The signature(s) of the authorized signatory(ies) shall be affixed
to the front page of the Invitation to Tender and the name(s) and
the title(s) typed or printed in the space provided.
2. In order to confirm the authority of the person or persons signing
the tender or to establish the legal capacity under which the
Tenderer proposes to enter into Contract, any Tenderer who carries
on business in other than its own personal name shall, if requested
by Canada, provide satisfactory proof of
(a) such signing authority; and
(b) the legal capacity under which it carries on business;
prior to contract award. Proof of signing authority may be in the
form of a certified copy of a resolution naming the signatory(ies)
that is (are) authorized to sign this tender on behalf of the
corporation or partnership. Proof of legal capacity may be in the
form of a copy of the articles of incorporation or the registration
of the business name of a sole proprietor or partnership.
04 (2004-05-14) Goods and Services Tax
Tenders are not to include any amounts for the Goods and Services Tax (GST),
and the GST shall not be included when calculating the amount of any tender
security or contract security which may be required. Any amount levied in
respect of the GST will be billed as a separate item in a progress claim
submitted by the Contractor, and will be paid to the Contractor in addition
to the amount approved by the Engineer for work performed under the
contract. The Contractor will be required to remit the appropriate amount
to Canada Revenue Agency in accordance with the applicable legislation.
05 (1996-01-01) Quebec Sales Tax
The Federal Government is exempt from the Quebec Sales Tax which took
effect on July 1, 1992. Tenderers shall not include in their prices any
amount that is intended to cover the 8 percent tax on goods and the 4
percent tax on services performed in the execution of the work except for
such amounts for which an Input Tax Refund is not available. Tenderers
should make arrangements directly with the Province of Quebec to recover
any Quebec Sales Tax paid by them in performing the work under the contract.
06 (1996-01-01) Capital Development and Re-development Charges
For the purposes of GC 14 of the General Conditions "C" (R0202D), only fees
or charges directly related to the processing and issue of building permits
shall be included. Tenderers shall not include any monies in the tender
amount for special municipal development, re-development or other fees or
charges which a municipal authority may seek as a prerequisite to the
issuance of building permits.
07 (2004-12-10) Bid Depository
If the tender advertisement for the work states that a Bid Depository shall
be used for specified parts of the Work, the Tenderer shall
(a) Obtain bids for the specified parts through the Bid Depository
according to local Bid Depository rules; and
(b) Instruct all trade contractors bidding directly to the Tenderer to
tender on the scope of the work as defined in local Bid Depository
rules (e.g. trade definitions, specification sections etc.).
08 (1996-01-01) Registry and Pre-qualification of Floating Plant
Dredges or other floating plant to be used in the performance of the work
must be on Canadian registry. For dredges or other floating plant which
are not of Canadian make or manufacture, the Tenderer must obtain a
certificate of qualification from Industry Canada as described in the
Floating Plant Appendix of the Tender Form, and this certificate must
accompany the tender. Plant so qualified by Industry Canada may be
accepted on this dredging project.
09 (1996-01-01) Listing of Subcontractors and Suppliers
Notwithstanding any list of subcontractors which the Tenderer may be
required to submit as part of the tender, the Tenderer submitting the
lowest acceptable tender shall, within forty-eight (48) hours of receipt of
a notice thereof, submit the names of subcontractors and suppliers for the
part or parts of the work listed in the said notice.
10 (2005-12-16) Tender Security Requirements
1. The Tenderer shall submit tender security with the tender in the
form of a bid bond or a security deposit, and
(a) if the tender amount is $250,000 or less, the tender security
shall be equal to not less than 10 percent of the tender
amount;
(b) if the tender amount is greater than $250,000, the tender
security shall be equal to not less than $25,000 plus an
amount that is equal to not less than 5 percent of that part
of the tender amount that exceeds $250,000.
The maximum amount of tender security required with any tender is $250,000.
2. A bid bond shall be in an approved form (Supply Manual, Annex 7.1),
properly completed, with original signature(s) and issued by an
approved company whose bonds are acceptable to the Government of
Canada either at the time of tender closing or as identified at the
following web sites: http://www.pwgsc.gc.ca/acquisitions/text/sm/
chapter07-e.html#annex7.1 and http://www.tbs-sct.gc.ca/pubs_pol/
dcgpubs/Contracting/contractingpol_l_e.html (TB Acceptable Bonding
Companies).
3. A security deposit shall be an original, properly completed, signed
where required and either:
(a) a bill of exchange, bank draft or money order payable to the
Receiver General for Canada; or
(b) bonds of the Government of Canada or bonds unconditionally
guaranteed as to principal and interest by the Government of
Canada, or
(c) an irrevocable standby letter of Credit.
4. A bill of exchange, bank draft or money order referred to in
paragraph 10.3 (a) shall be certified by or drawn on
(a) a corporation or institution that is a member of the Canadian
Payments Association, or
(b) a corporation that accepts deposits that are insured by the
Canada Deposit Insurance Corporation or the "Régie de
l'assurance-dépôts du Québec" to the maximum permitted by law,
or
(c) a corporation that accepts public deposits and repayment of
the deposits is unconditionally guaranteed by Her Majesty in
right of a province, or
(d) a corporation, association or federation incorporated or
organized as a credit union or cooperative credit society
that conforms to the requirements of a credit union which are
more particularly described in paragraph 137 (6)(b) of the
Income Tax Act, or
(e) Canada Post Corporation.
5. If a bill of exchange, bank draft or money order is drawn on an
institution or corporation other than a chartered bank it must be
accompanied by proof that the said institution or corporation meets
at least one of the criteria described in subsection 10.4, either by
letter or by a stamped certification on the bill of exchange, bank
draft or money order.
6. For the purposes of this section a bill of exchange is an
unconditional order in writing signed by the Tenderer and addressed
to an approved financial institution, requiring the said institution
to pay, on demand, at a fixed or determinable time a sum certain of
money to, or to the order of, the Receiver General for Canada.
7. Bonds referred to in paragraph 10.3(b) shall be provided on the
basis of their market value current at the date of tender closing,
and shall be
(a) payable to bearer, or
(b) accompanied by a duly executed instrument of transfer of the
bonds to the Receiver General for Canada in the form
prescribed by the Domestic Bonds of Canada Regulations, or
(c) registered as to principal or as to principal and interest in
the name of the Receiver General for Canada pursuant to the
Domestic Bonds of Canada Regulations.
8. An irrevocable standby letter of Credit;
(a) is any arrangement, however named or described, whereby a
financial institution (the "Issuer"), acting at the request
and on the instructions of a customer (the "Applicant"), or
on its own behalf, is to make a payment to or to the order of
Canada, as the beneficiary, or is to accept and pay bills of
exchange drawn by Canada, or authorizes another financial
institution to effect such payment, or accept and pay such
bills of exchange, or authorizes another financial
institution to negotiate, against written demand(s) for
payment provided that the terms and conditions of the letter
of credit are complied with.
(b) states the face amount which may be drawn against it;
(c) states its expiry date;
(d) provides for sight payment to the Receiver General for Canada
by way of the financial institutions' draft against
presentation of a written demand for payment signed by the
authorized departmental representative identified in the
letter of credit by his/her office;
(e) provides that more than one written demand for payment may be
presented subject to the sum of those demands not exceeding
the face amount of the Letter of Credit;
(f) provides that it is subject to the International Chamber of
Commerce (ICC) Uniform Customs and Practice for Documentary
Credits, 1993 Revision, ICC Publication No. 500;
(g) clearly specifies that it is irrevocable or deemed to be
irrevocable pursuant to article 6c) of the International
Chamber of Commerce (ICC) Uniform Customs and Practice for
Documentary Credits, 1993 Revision, ICC Publication No. 500;
and
(h) is issued or confirmed, in either official language, by a
financial institution which is a member of the Canadian
Payments Association and is on the letterhead of the Issuer
or Confirmer. The format is left to the discretion of the
Issuer or Confirmer.
9. Tender security shall lapse or be returned as soon as practical
following
(a) the tender closing date, for those Tenderers submitting
non-compliant tenders; and
(b) the administrative tender review, for those Tenderers
submitting compliant tenders ranked fourth to last on the
schedule of tenders; and
(c) the award of contract, for those Tenderers submitting the
second and third ranked tenders; and
(d) the receipt of contract security, for the successful Tenderer;
or
(e) the cancellation of the tender call, for all Tenderers.
10. Notwithstanding the provisions of paragraph 10.9(b) and provided
more than three compliant tenders have been received, if one or more
of the tenders ranked third to first is withdrawn or rejected for
whatever reason then Canada reserves the right to hold the security
of the next highest ranked compliant tender in order to retain the
tender security of at least three valid and compliant tenders.
11 (2004-12-10) Submission of Tender
1. The Tender Form, duly completed, shall be enclosed and sealed in an
envelope provided by the Tenderer, and shall be addressed and
submitted to the office designated for the receipt of tenders. It
must be received on or before the date and time set for tender
closing.
2. Prior to submitting the tender, the Tenderer shall ensure that the
following information is clearly printed or typed in the appropriate
spaces on the face of the tender return envelope:
(a) Solicitation Number
(b) Project Number and Description/Location
(c) Name of Tenderer
(d) Closing Time/Date
3. Failure to comply with subsections 11.1 and 11.2 may render the
tender liable to disqualification.
12 (2004-12-10) Revision of Tender
1. A tender submitted in accordance with these instructions may be
revised by letter or facsimile provided the revision is received at
the office designated for the receipt of tenders, on or before the
date and time set for the closing of tenders. The letter or
facsimile shall
(a) be on the Tenderer's letterhead or bear a signature that
identifies the Tenderer;
(b) for the lump sum portion of a tender, clearly identify the
amount of the current revision. The total aggregate sum of
all revisions submitted, including the current revision,
shall be shown separately; and
(c) for the Unit Price portion of a tender, clearly identify the
change(s) in the Price(s) per Unit and the specific Item(s)
to which each change applies. If a revision is to be applied
to a specific Item that was previously amended then, in
addition to the amount of the current revision, the total
aggregate sum of all revisions submitted, including the
current revision, for that Item shall be shown separately.
2. A letter or facsimile submitted to confirm an earlier revision shall
be clearly identified as "CONFIRMATION ONLY".
3. Failure to comply with any of the above provisions will result in
the rejection of the non-compliant revision(s) only. The tender
shall be evaluated based on the original tender submitted and all
other compliant revision(s).
13 (2004-12-10) Acceptance of Tender
1. Her Majesty may accept any tender, whether it is the lowest or not,
or may reject any or all tenders.
2. Without limiting the generality of subsection 13.1, Her Majesty may
reject any tender based on an unfavourable assessment of:
(a) the adequacy of the tendered price to permit the work to be
carried out and, in the case of a tender providing unit
prices or a combination of lump sum and unit prices, whether
each such price reasonably reflects the cost of performing
the part of the work to which that price applies;
(b) the Tenderer's ability to provide the necessary management
structure, skilled personnel, experience and equipment to
perform competently the work under the contract, and
(c) the Tenderer's performance on other contracts.
3. In assessing the Tenderer's performance on other contracts pursuant
to subsection 13.2, Her Majesty may consider, but not be limited to,
such matters as:
(a) the quality of workmanship of the Tenderer in performing the
work,
(b) the timeliness of completion of the work, and
(c) the Tenderer's overall management of the work and its effect
on the level of effort demanded of the department and its
representatives.
4. Her Majesty may reject a bid where any of the following
circumstances is present:
(a) the Tenderer, or any employee or subcontractor included as
part of the Tender, has been convicted under section 121 ("
Frauds on the government" & "Contractor subscribing to
election fund"), 124 ("Selling or purchasing office") or 418
("Selling defective stores to Her Majesty") of the Criminal
Code;
(b) the Tenderer's bidding privileges are suspended or are in the
process of being suspended;
(c) the bidding privileges of any employee or subcontractor
included as part of the Tender have been suspended or are in
the process of being suspended, which suspension or pending
suspension would render that employee or subcontractor
ineligible to bid on the Work, or the portion of the Work the
employee or subcontractor is to perform;
(d) with respect to current or prior transactions with the
Government of Canada
(i) the Tenderer is bankrupt or where, for whatever reason,
its activities are rendered inoperable for an extended
period;
(ii) evidence, satisfactory to Her Majesty, of fraud,
bribery, fraudulent misrepresentation or failure to
comply with any law protecting individuals against any
manner of discrimination, has been received with
respect to the Tenderer, any of its employees or any
subcontractor included as part of its Tender;
(iii) the Minister has previously exercised or intends to
exercise the contractual remedy of taking the work out
of the contractor's hands with respect to a Contract
with the Tenderer, any of its employees or any
subcontractor included as part of its Tender; or
(iv) Her Majesty determines that the Tenderer's performance
on other contracts, including the efficiency and
workmanship as well as the extent to which the
Tenderer executed the work in accordance with
contractual terms and conditions, is sufficiently poor
to jeopardize the successful completion of the
requirement being bid on.
5. Where Her Majesty intends to reject a Tender pursuant to a provision
of subsection 13.4, other than paragraph 13.4(b), the Minister will
so inform the Tenderer and provide the Tenderer ten (10) days within
which to make representations, prior to making a final decision on
the Tender rejection.
14 (1996-01-01) Language of the Tender and Contract Documents
The contract documents to be signed by the successful Tenderer shall be in
the same official language (English or French) as the language of the
tender documents submitted.
15 (1996-01-01) Contract Security Requirements
The successful Tenderer shall be required to provide contract security in
accordance with the Contract Security Conditions "F" (R0205D) of the tender
documents listed above within fourteen (14) days after receipt of a notice
in writing that the tender was accepted by Her Majesty.
16 (2004-12-10) Compliance with Applicable Laws
1. By submission of a tender, the Tenderer declares that the Tenderer
has the legal capacity to enter into a contract and is in compliance
with all federal, provincial and municipal laws and regulations
applicable to the submission of the tender and entry into any
ensuing contract for the performance of the work.
2. For the purpose of verifying the requirements expressed in
subsection 16.1, a Tenderer shall, if requested, provide a copy of
every valid licence, permit, registration, certificate, declaration,
filing or other authorization listed in the request, and shall
provide such documentation within the time limit(s) set out in the
said request.
3. Failure to comply with the requirements expressed herein shall
result in disqualification of the tender.
17 (2002-12-13) Approval of Alternative Materials
When materials are specified by trade names or trademarks, or by
manufacturers' or suppliers' names, the tender shall be based on use of the
named materials. During the tendering period, alternative materials may be
considered provided full technical data is received in writing by the
Contracting Authority at least ten (10) days prior to the tender closing
date. If the alternative materials are approved for the purposes of the
tender, an addendum to the tender documents will be issued.
18 (2005-12-16) Performance Evaluation
1. Tenderers shall take note that the performance of the Contractor
during and upon completion of the work shall be evaluated by the
Minister. The evaluation will be based on the quality of
workmanship; timeliness of completion of the work; project
management, contract management and management of health and safety.
Should the Contractor's performance be considered unsatisfactory,
the Contractor's bidding privileges on future work may be suspended
indefinitely.
2. An electronic version of the form PWGSC-TPSGC 2913, SELECT -
Contractor Performance Evaluation Report Form, used to record the
performance is available on the Public Works and Government Services
Canada (PWGSC) Website: http://www.pwgsc.gc.ca/acquisitions/text/
forms/forms-e.html.
19 (2006-06-16) Procurement Business Number
Canadian suppliers are required to have a Procurement Business Number (PBN)
before Contract award. Suppliers may register for a PBN in the Supplier
Registration Information service on line at the Business Access Canada
Website at: http://contractscanada.gc.ca.
For non-Internet registration, suppliers may contact the Business Access
Canada InfoLine at 1-800-811-1148 to obtain the telephone number of the
nearest Supplier Registration Agent.
20 (2006-06-16) Minor Irregularities
Notwithstanding any other provision contained in these General Instructions
to Tenderers, Canada may waive minor irregularities in tenders received
if Canada determines that the variation of the tender from the exact
requirements set out in the Tender and Contract Documents can be
corrected or waived without being prejudicial to other Tenderers.
2005-12-16SupersededR0001TARCHIVED General Instructions to Tenderers
2004-12-10SupersededR0001TARCHIVED General Instructions to Tenderers
2004-05-14SupersededR0001TARCHIVED General Instructions to Tenderers
2003-12-12SupersededR0001TARCHIVED General Instructions to Tenderers
2003-05-30SupersededR0001TARCHIVED General Instructions to Tenderers
2002-12-13SupersededR0001TARCHIVED General Instructions to Tenderers
2001-05-25SupersededR0001TARCHIVED General Instructions to Tenderers
2000-12-01SupersededR0001TARCHIVED General Instructions to Tenderers
2000-05-12SupersededR0001TARCHIVED General Instructions to Tenderers
1999-06-21SupersededR0001TARCHIVED General Instructions to Tenderers
1998-02-16SupersededR0001TARCHIVED General Instructions to Tenderers
R0002T
Effective Date
Item Status
ID
Title
2000-05-12CancelledR0002TARCHIVED Instructions to Tenderers
Remarks – Recommended Use of SACC Item
Legal text for SACC item
01 Receipt of Tender
The receipt and opening of tenders will take place at Place du
Portage, Phase III, Room 0A1, 11 Laurier Street, Hull, Quebec, K1A
1C9 - closing time is 2:00 p.m.
02 Tender Envelope
1. Tenderers shall complete the enclosed tender envelope by clearly
printing or typing in the appropriate spaces:
(a) project number
(b) description and location
(c) name of tenderer
(d) closing date
(e) closing time: 2:00 p.m.
2. Failure to complete the tender envelope properly may render the
tender liable to disqualification.
03 Unacceptable Tenders
1. Tender not submitted on the accompanying Tender and Acceptance Form
will not be considered.
2. Telegraphic and facsimile tenders will not be accepted.
3. Tenders received after the Tender Closing Time will not be
considered.
4. Incomplete tenders may be rejected.
04 Revision of Tenders
A tender submitted in accordance with these Instructions may be
revised by letter, telegram or facsimile provided the revision is
received at the office designated for the receipt of tenders, on or
before the date and time set for the closing of tenders. The
facsimile must be on the Contractor's letterhead or bear a signature
that identifies the contractor. A revision to a unit price tender
must clearly identify the changes (s) in the unit price (s) and the
specific item (s) to which each change applies. (Facsimile:
1-819-956-1459).
05Acceptance of Tender
1. Her Majesty may accept any tender, whether it is the lowest or not,
or may reject any and all tenders.
2. Without limiting the generality of Clause 5.1, Her Majesty may
reject any tender, based on unfavourable assessment as to;
(a) the adequacy of the tendered price to carry out the work and, in the
case of a tender providing unit prices, whether the unit
prices reasonably reflect the cost of performing the work
related to those prices;
(b) whether the Tenderer has the necessary management structure, skilled
personnel, experience and equipment to perform competently
the work under the contract; and
(c) the Tenderer's performance on other contracts.
3. In assessing the Tenderer's performance on other contracts pursuant
to clause 5.2.3, Her Majesty may consider, but not be limited to,
such matters as;
(a) the efficiency and workmanship of the Tenderer in performing the
work; and
(b) the extent to which the Tenderer executed the work in accordance
with terms and conditions of the contract.
4. Her Majesty may reject a bid where any of the following
circumstances is present:
(a) the Tenderer, or any employee or subcontractor included as part of
the Tender, has been convicted under section 121 ("Frauds on
the government" and "Contractor subscribing to election fund"),
124 ("Selling or purchasing office") or 418 ("Selling
defective stores to Her Majesty") of the Criminal Code; or
(b) the Tenderer's bidding privileges are suspended or are in the
process of being suspended;
(c) the bidding privileges of an employee or subcontractor included as
part of the Tender have been suspended or are in the process
of being suspended, which suspension or pending suspension
would render that employee or subcontractor ineligible to bid
on the Work, or the portion of the Work the employee or
subcontractor is to perform;
(d) with respect to current or prior transaction with the Government of
Canada;
(1) the Tenderer is bankrupt or where, for whatever reason, its
activities are rendered inoperable for an extended
period;
(2) evidence, satisfactory to Her Majesty, of fraud, bribery, fraudulent
misrepresentation or failure to comply with any law
protecting individuals against any manner of
discrimination, has been received with respect to the
Tenderer, any of its employees or any subcontractor
included as part of its Tender;
(3) the Minister has previously exercised or intends to exercise the
contractual remedy of taking the work out of the
contractor's hands with respect to a Contract with the
Tenderer, any of its employees or any subcontractor
included as part of its Tender; or
(4) Her Majesty determines that the Tenderer's performance on other
contracts, including the efficiency and workmanship as
well as the extent to which the Tenderer executed the
work in accordance with contractual terms and
conditions, is sufficiently poor to jeopardize the
successful completion of the requirement being bid on.
5. Where Her Majesty intends to reject a Tender pursuant to a provision
of clause 5.4, other than subclause 5.4.2, the Minister will so
inform the Tenderer and provide the Tenderer then (10 days within
which to make representations prior to making a final decision on
the Tender rejection.
06Completion of Tender and Acceptance Form
1. If NO classes of labour, plant or material, units of measure and
estimated quantities are shown on the Tender and Acceptance Form
insert the total amount of the tender in Clause 3 only and make NO
entry in Clause 4.
2. If classes of labour, plant or material, units of measure and
estimated quantities are shown on the Tender and Acceptance form,
insert the price per unit against each item, multiply by the
respective estimated quantity, extend the answers in the Total
Column and add the Total column to obtain the Total amount of Tender
in Clause 4 and make NO entry in Clause 3.
3. Type or legibly print the tenderer's full business name and address
under the spaces provided for Contractor's Full Business Name and
Contractor's Full Business Address respectively.
4. Sign the Tender and Acceptance Form in the space provided as
indicated below:
(a) "Sole Proprietorship": Signature of the sole proprietor in the
presence of a witness who will sign where indicated. In the
event that the signatory is not the sole proprietor then a
certified true copy of the agreement signed by the sole
proprietor authorizing such person or persons to execute the
documents shall accompany the tender.
(b) "Partnership": Signatures of all partners in the presence of a
witness or witnesses who will sign where indicated. Insert
the word "Partner" against each signature under Title/s.
(c) "Limited Company": If this tender is made by a Limited Company, the
tender must be signed by duly authorized signing officers of
the company in their normal signatures designating against
each signature the official capacity in which the signing
officer acts. The corporate seal of the company must also be
affixed to the tender. If the tender is signed by officials
other than the President and Secretary of the company or the
President and Secretary-Treasurer of the company a copy of
by-law or resolution of the Board of Directors authorizing
them to do so must be submitted with the tender documents.
5. Do not make any entry in the signature section marked "(For
Departmental Use Only)".
6. Tenders are to be submitted in two copies, duly completed, in the
envelope provided. The Tenderer should retain the third copy of the
Tender for his records.
07Municipal Capital Development Charges
Tenderers shall not include monies for any "Capital Development or
Re-Development Charges" that may be associated with the work being
tendered.
08Goods and Services Tax - Harmonized Sales Tax
Tenderers are not to include any amount for the Goods and Services
Tax (GST) or Harmonized Sales Tax (HST). Any amount to be levied in
respect of the GST or HST will be billed as a separate item on a
request for progress payment submitted by the Contractor. The
appropriate GST or HST levy will be paid to the Contractor in
addition to the amount approved by the Engineer for work performed
under the contract and will therefore not affect any of the
individual amounts or the total amount of the contract. The
Contractor will be required to remit the appropriate amount to
Canada Customs and Revenue Agency in accordance with the applicable
legislation.
09Quebec Sales Tax
The Federal Government is exempt from the Quebec Sales Tax.
Tenderers shall not include in their prices any amount that is
intended to cover the tax on Goods and Services performed in the
execution of the work except for such amounts for which an Input Tax
Refund is not available. The Contractor should make arrangements
directly with the Province of Quebec to recover any Quebec Sales Tax
paid in performing this contract.
10Certification - Contingency Fees
1. The contractor certifies that it has not directly or indirectly paid
or agreed to pay and covenants that it will not directly or
indirectly pay a contingency fee for the solicitation, negotiation
or obtaining of this Contract to any person other than an employee
acting in the normal course of the employee's duties.
2. All accounts and records pertaining to payments of fees or other
compensation for the solicitation, obtaining or negotiation of the
Contract shall be subject to the accounts and audit provisions of
the Contract.
3. If the Contractor certifies falsely under this section or is in
default of the obligations contained therein, the Minister may
either take the Work out of the Contractor's hands in accordance
with the provisions of the Contract or recover from the Contractor
by way of reduction to the Contract Price or otherwise the full
amount of the contingency fee.
4.In this section:
(a) "Contingency Fee" means any payment or other compensation that is
contingent upon or is calculated upon the basis of a degree
of success in soliciting or obtaining a government contract
or negotiating the whole or any part of its terms.
(b) "Employee" means a person with whom the Contractor has an employer/
employee relationship.
(c) "Person" includes an individual or group of individuals, a
corporation, a partnership, an organization and an
association and, without restricting the generality of the
foregoing, includes any individual who is required to file a
return with the registrar pursuant to section 5 of the
Lobbyist Registration Act, R.S. 1985 c. 44 (4th Supplement as
the same may be amended from time to time).
11Contractor Performance Evaluation Report (CPER)
1. All projects contracted by Public Works and Government Services
Canada will be evaluated on Time, Management and Quality of
Workmanship.
2. A completed CPER will be provided to contractors at the successful
completion of project work valued at $10,000 or more, or when the
work is taken out of a contractor's hands as a result of a default.
3. For contracts under $10,000, a CPER will be provided to contractors
if it is felt the performance would rate 80 and over or under 55.
4. Bidding privileges will be suspended indefinitely if:
(a)a contractor received an overall point rating of 20 or less; or
(b)a zero rating on Time or Management; or
(c)two overall point ratings between 50 and 25.
12Approval of Alternative Materials
Whenever materials are specified by trade names or by manufacturers'
names, the tender shall be based on the use of the named materials.
During the tendering period, alternative materials will be
considered provided full technical data is received in writing by
the Project Manager at least seven (7) days prior to the date set
for the closing of the tender. If the alternative materials are
approved for the purposes of the tender an addendum to the contract
documents will be issued.
13Tender Results
Telephone :(819) 956-3367.
1998-02-16SupersededR0002TARCHIVED Instructions to Tenderers
R0200C
Effective Date
Item Status
ID
Title
2005-12-16CancelledR0200CARCHIVED Articles of Agreement "A"
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
A1 Contract Documents
A2 Date of Completion of Work and Description of Work
A3 Contract Amount
A4 Contractor's Address
A5 Unit Price Table
These Articles of Agreement made in duplicate this _____day of _____ 20_____.
Between
Canada represented by the Minister of _____ (referred to in the contract
documents as the "Minister")
and
_____ (referred to in the contract documents as the "Contractor")
Witness that in consideration for the mutual promises and obligations
contained in the contract, Canada and the Contractor covenant and agree as
follows:
A1 (2004-12-10) Contract Documents
1. Subject to subsections A1.4 and A1.5, the documents forming the
contract between Canada and the Contractor, referred to herein as
the contract documents, are
(a) these Articles of Agreement,
(b) the documents entitled Plans and Specifications, referred to
herein as the "Plans and Specifications",
(c) the document entitled Terms of Payment "B", referred to
herein as the "Terms of Payment",
(d) the document entitled General Conditions "C", referred to
herein as the "General Conditions",
(e) the document entitled Fair Wages and Hours of Labour, Labour
Conditions referred to herein as the "Labour Conditions",
(f) the document entitled Insurance Conditions "E", referred to
herein as the Insurance Conditions,
(g) the document entitled Contract Security Conditions "F",
referred to herein as the "Contract Security Conditions",
(h) any amendment or variation of the contract documents that is
made in accordance with the General Conditions,
(i) the document entitled Fair Wage Schedules for Federal
Construction Contracts, referred to herein as "Fair Wage
Schedules",
(j) the document entitled International Sanctions,
(k) the document entitled Submission of Quotation for
Contemplated Change Notices, and
(l) any addenda issued before the date set for tender closing.
2. The Minister hereby designates _____of _____, of the Government of
Canada as the Engineer for the purposes of the contract, and for all
purposes of or incidental to the contract, the Engineer's address
shall be deemed to be: ________
3. In the contract
(a) "Fixed Price Arrangement" means that part of the contract
that prescribes a lump sum as payment for performance of the
work to which it relates; and
(b) "Unit Price Arrangement" means that part of the contract that
prescribes the product of a price multiplied by a number of
units of measurement of a class as payment for performance of
the work to which it relates.
4. Any of the provisions of the contract that are expressly stipulated
to be applicable only to a Unit Price Arrangement are not applicable
to any part of the work to which a Fixed Price Arrangement is
applicable.
5. Any of the provisions of the contract that are expressly stipulated
to be applicable only to a Fixed Price Arrangement are not
applicable to any part of the work to which a Unit Price Arrangement
is applicable.
A2 (2005-12-16) Date of Completion of Work and Description of Work
The Contractor shall, between the date of these Articles of Agreement and
the _____ day of _____ 20_____, in a careful and workmanlike manner,
diligently perform and complete the following work:
__________________
__________________
__________________
which work is more particularly described in the Plans and
Specifications.
A3 (2004-12-10) Contract Amount
1. Subject to any increase, decrease, deduction, reduction or set-off
that may be made under the contract, Canada shall pay the Contractor
at the times and in the manner that is set out or referred to in the
Terms of Payment
(a) the sum of $_____, Goods and Services Tax (GST) extra, in
consideration for the performance of the work or the part
thereof that is subject to a Fixed Price Arrangement, and
(b) a sum that is equal to the aggregate of the products of the
number of units of measurement of each class of labour, plant
and material that is set out in a Final Certificate of
Measurement referred to in GC 44.8 multiplied in each case by
the appropriate unit price, GST extra, that is set out in the
Unit Price Table in consideration for the performance of the
work or the part thereof that is subject to a Unit Price
Arrangement.
2. For the information and guidance of the Contractor and the persons
administering the contract on behalf of Canada, but not so as to
constitute a warranty, representation or undertaking of any nature
by either party, it is estimated that the total amount payable by
Canada to the Contractor for the part of the work to which a Unit
Price Arrangement is applicable will be approximately $ _____.
3. Paragraph A3.1(a) is applicable only to a Fixed Price Arrangement.
4. Paragraph A3.1(b) and subsection A3.2 are applicable only to a Unit
Price Arrangement.
A4 (2005-12-16) Contractor's Address
For all purposes of or incidental to the contract, the Contractor's address
shall be deemed to be:
________________
________________
________________
A5 (2005-12-16) Price Table
1. Canada and the Contractor agree that the following table is the Unit
Price Table for the purposes of the contract:
Column 1
ItemColumn 2
Class of Labour, Plant or MaterialColumn 3
Estimated Unit of MeasurementColumn 4
Total QuantityColumn 5
Price per UnitColumn 6
Estimated Total Price
2. The Unit Price Table that is set out in subsection A5.1 designates
the part of the work to which a Unit Price Arrangement is applicable.
3. The part of the work that is not designated in the Unit Price Table
referred to in subsection A5.2 is the part of the work to which a
Fixed Price Arrangement is applicable.
IN WITNESS WHEREOF the parties hereto have executed these Articles of
Agreement as of the day and year first above written.
FOR LIMITED COMPANY OR INCORPORATED COMPANY SEALED, ATTESTED TO AND
DELIVERED on behalf of the Contractor by
_______________________
(Print Name of Signatory)
___________________________
(Signature of Authorized Signatory)
_______________________
(Print Title of Signatory)
in the presence of
___________________________
(Signature of Witness)
_______________________
(Print Name of Signatory)
____________________________
(Signature of Authorized Signatory)
_______________________
(Print Title of Signatory)
in the presence of
___________________________ ______________
(Signature of Witness)
(Corporate
Seal)
PARTNERSHIP OR SOLE PROPRIETORSHIP SEALED, ATTESTED TO AND DELIVERED on
behalf of the Contractor by
___________________________ _______________________ __________
(Signature of Partner/ (Print name of Partner/ Seal
Sole Proprietor) Sole Proprietor)
in the presence of
___________________________
(Signature of Witness)
___________________________ _________________________ __________
(Signature of Partner) (Print Name of Partner)
Seal
in the presence of
___________________________
(Signature of Witness)
EXECUTED ON BEHALF OF Canada by
)_______________________
) (Print Name of Officer)
___________________________ )
(Signature of Authorized Departmental Officer) )
) ______________________
) (Print Title of Officer)
in the presence of
___________________________
(Signature of Witness)
and countersigned by
) ______________________
) (Print Name of Officer)
___________________________ )
(Signature of Authorized Departmental Officer) )
) ______________________
) (Print Title of Officer)
in the presence of
___________________________
(Signature of Witness)
2004-12-10SupersededR0200CARCHIVED Articles of Agreement "A"
2003-05-30SupersededR0200CARCHIVED Articles of Agreement "A"
2000-12-01SupersededR0200CARCHIVED Articles of Agreement "A"
1998-06-15SupersededR0200CARCHIVED Articles of Agreement "A"
R0201D
Effective Date
Item Status
ID
Title
2002-12-13SupersededR0201DARCHIVED Terms of Payment "B"
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
TP1 Amount Payable - General
TP2 Amounts Payable to the Contractor
TP3 Amounts Payable to Her Majesty
TP4 Time of Payment
TP5 Progress Report and Payment Thereunder Not Binding on Her Majesty
TP6 Delay in Making Payment
TP7 Right of Set-off
TP8 Payment in Event of Termination
TP9 Interest on Settled Claims
TP1 (01/01/96) Amount Payable - General
1.1 Subject to any other provisions of the contract, Her Majesty shall
pay the Contractor, at the times and in the manner hereinafter set
out, the amount by which
1.1.1 the aggregate of the amounts described in TP2 exceeds
1.1.2 the aggregate of the amounts described in TP3
and the Contractor shall accept that amount as payment in full
satisfaction for everything furnished and done by the Contractor in
respect of the work to which the payment relates.
TP2 (01/10/94) Amounts Payable to the Contractor
2.1 The amounts referred to in TP1.1.1 are the aggregate of
2.1.1 the amounts referred to in the Articles of Agreement, and
2.1.2 the amounts, if any, that are payable to the Contractor
pursuant to the General Conditions.
TP3 (01/10/94) Amounts Payable to Her Majesty
3.1 The amounts referred to in TP1.1.2 are the aggregate of the amounts,
if any, that the Contractor is liable to pay Her Majesty pursuant to
the contract.
3.2 When making any payment to the Contractor, the failure of Her
Majesty to deduct an amount referred to in TP3.1 from an amount
referred to in TP2 shall not constitute a waiver of the right to do
so, or an admission of lack of entitlement to do so in any
subsequent payment to the Contractor.
TP4 (13/12/02) Time of Payment
4.1 In these Terms of Payment
4.1.1 The "payment period" means a period of 30 consecutive days or
such other longer period as is agreed between the Contractor
and the Engineer.
4.1.2 An amount is "due and payable" when it is due and payable by
Her Majesty to the Contractor according to TP4.5, TP4.8 or
TP4.11.
4.1.3 An amount is overdue when it is unpaid on the first day
following the day upon which it is due and payable.
4.1.4 The "date of payment" means the date of the negotiable
instrument of an amount due and payable by the Receiver
General for Canada.
4.1.5 The "Bank Rate" means the rate of interest established from
time to time by the Bank of Canada as the minimum rate at
which it makes short term advances to members of the Canadian
Payments Association.
4.1.6 The "Average Bank Rate" means the simple arithmetic mean of
the Bank Rate in effect at 4:00 p.m. Eastern Standard Time
each day during the calendar month which immediately precedes
the calendar month in which payment is made.
4.2 The Contractor shall, on the expiration of a payment period, deliver
to the Engineer in respect of that payment period a written progress
claim that fully describes any part of the work that has been
completed, and any material that was delivered to the work site but
not incorporated into the work, during that payment period.
4.3 The Engineer shall, not later than ten (10) days after receipt of a
progress claim referred to in TP4.2,
4.3.1 inspect the part of the work and the material described in
the progress claim; and
4.3.2 issue a progress report, a copy of which the Engineer will
give to the Contractor, that indicates the value of the part
of the work and the material described in the progress claim
that, in the opinion of the Engineer,
4.3.2.1 is in accordance with the contract, and
4.3.2.2 was not included in any other progress report
relating to the contract.
4.4 Subject to TP1 and TP4.5 Her Majesty shall pay the Contractor
4.4.1 an amount that is equal to 95% of the value that is indicated
in the progress report referred to in TP4.3.2 if a labour and
material payment bond has been furnished by the Contractor,
or
4.4.2 an amount that is equal to 90% of the value that is indicated
in the progress report referred to in TP4.3.2 if a labour and
material payment bond has not been furnished by the
Contractor.
4.5 Her Majesty shall pay the amount referred to in TP4.4 not later than
4.5.1 30 days after the receipt by the Engineer of a progress claim
referred to in TP4.2, or
4.5.2 15 days after the Contractor has made and delivered to the
Engineer
4.5.2.1 a statutory declaration described in TP4.6 in
respect of a progress claim referred to in TP4.2,
4.5.2.2 in the case of the Contractor's first progress
claim, a construction schedule in accordance with the
relevant section of the Specifications, and
4.5.2.3 if the requirement for a schedule is specified,
an update of the said schedule at the times identified
in the relevant sections of the Specifications,
whichever is later.
4.6 A statutory declaration referred to in TP4.5 shall contain a
deposition by the Contractor that, up to the date of the Contractor'
s progress claim, the Contractor has complied with all its lawful
obligations with respect to the Labour Conditions and that all
lawful obligations of the Contractor to subcontractors and suppliers
of material in respect of the work under the contract have been
fully discharged.
4.7 Subject to TP1 and TP4.8, Her Majesty shall pay the Contractor the
amount referred to in TP1 less the aggregate of
4.7.1 the sum of all payments that were made pursuant to TP4.4;
4.7.2 an amount that is equal to the Engineer's estimate of the
cost to Her Majesty of rectifying defects described in the
Interim Certificate of Completion; and
4.7.3 an amount that is equal to the Engineer's estimate of the
cost to Her Majesty of completing the parts of the work
described in the Interim Certificate of Completion other than
the defects referred to in TP4.7.2.
4.8 Her Majesty shall pay the amount referred to in TP4.7 not later than
4.8.1 30 days after the date of issue of an Interim Certificate of
Completion referred to in GC44.2, or
4.8.2 15 days after the Contractor has made and delivered to the
Engineer
4.8.2.1 a statutory declaration described in TP4.9 in
respect of an Interim Certificate of Completion
referred to in GC44.2, and
4.8.2.2 if so specified in the relevant sections of the
Specifications, an update of the construction schedule
referred to in TP4.5.2 and the updated schedule shall,
in addition to the specified requirements, clearly
show a detailed timetable that is acceptable to the
Engineer for the completion of any unfinished work and
the correction of all listed defects.
whichever is later.
4.9 A statutory declaration referred to in TP4.8 shall contain a
deposition by the Contractor that up to the date of the Interim
Certificate of Completion the Contractor has
4.9.1 complied with all of the Contractor's lawful obligations with
respect to the Labour Conditions;
4.9.2 discharged all of the Contractor's lawful obligations to the
subcontractors and suppliers of material in respect of the
work under the contract; and
4.9.3 discharged the Contractor's lawful obligations referred to in
GC14.6.
4.10 Subject to TP1 and TP4.11, Her Majesty shall pay the Contractor the
amount referred to in TP1 less the aggregate of
4.10.1 the sum of all payments that were made pursuant to TP4.4; and
4.10.2 the sum of all payments that were made pursuant to TP4.7.
4.11 Her Majesty shall pay the amount referred to in TP4.10 not later
than
4.11.1 60 days after the date of issue of a Final Certificate of
Completion referred to in GC44.1, or
4.11.2 15 days after the Contractor has made and delivered to the
Engineer a statutory declaration described in TP4.12,
whichever is later.
4.12 A statutory declaration referred to in TP4.11 shall, in addition to
the depositions described in TP4.9, contain a deposition by the
Contractor that all of the Contractor's lawful obligations and any
lawful claims against the Contractor that arose out of the
performance of the contract have been discharged and satisfied.
TP5 (01/10/94) Progress Report and Payment Thereunder not Binding on
Her Majesty
5.1 Neither a progress report referred to in TP4.3 nor any payment made
by Her Majesty pursuant to these Terms of Payment shall be construed
as an admission by Her Majesty that the work, material or any part
thereof is complete, is satisfactory or is in accordance with the
contract.
TP6 (01/01/96) Delay in Making Payment
6.1 Notwithstanding GC7 any delay by Her Majesty in making any payment
when it is due pursuant to these Terms of Payment shall not be a
breach of the contract by Her Majesty.
6.2 Subject to TP6.3, Her Majesty shall pay to the Contractor simple
interest at the Average Bank Rate plus 3 percent per annum on any
amount which is overdue pursuant to TP4.1.3, and the interest shall
apply from and include the day such amount became overdue until the
day prior to the date of payment.
6.3 Interest in accordance with TP6.2 shall be paid without demand by
the Contractor except that
6.3.1 in respect of amounts which are less than 15 days overdue, no
interest shall be paid in respect of payment made within such
15 days unless the Contractor so demands after such amounts
have become due, and
6.3.2 interest shall not be payable or paid on overdue advance
payments if any.
TP7 (01/10/94) Right of Set-off
7.1 Without limiting any right of set-off or deduction given or implied
by law or elsewhere in the contract, Her Majesty may set off any
amount payable to Her Majesty by the Contractor under this contract
or under any current contract against any amount payable to the
Contractor under this contract.
7.2 For the purposes of TP7.1, "current contract" means a contract
between Her Majesty and the Contractor
7.2.1 under which the Contractor has an undischarged obligation to
perform or supply work, labour or material, or
7.2.2 in respect of which Her Majesty has, since the date on which
the Articles of Agreement were made, exercised any right to
take the work that is the subject of the contract out of the
Contractor's hands.
TP8 (01/10/94) Payment in Event of Termination
8.1 If the contract is terminated pursuant to GC41, Her Majesty shall
pay the Contractor any amount that is lawfully due and payable to
the Contractor as soon as is practicable under the circumstances.
TP9 (01/01/96) Interest on Settled Claims
9.1 Her Majesty shall pay to the Contractor simple interest on the
amount of a settled claim at the Average Bank Rate plus 3 per cent
per annum from the date the settled claim was outstanding until the
day prior to the date of payment.
9.2 For the purposes of TP9.1,
9.2.1 a claim is deemed to have been settled when an agreement in
writing is signed by the Engineer and the Contractor setting
out the amount of the claim to be paid by Her Majesty and the
items of work for which the said amount is to be paid.
9.2.2 a settled claim is deemed to be outstanding from the day
immediately following the date the said claim would have been
due and payable under the contract had it not been disputed.
9.3 For the purposes of TP9 a claim means a disputed amount subject to
negotiation between Her Majesty and the Contractor under the
contract.
1998-02-16SupersededR0201DARCHIVED Terms of Payment "B"
R0202D
Effective Date
Item Status
ID
Title
2006-06-16CancelledR0202DARCHIVED General Conditions "C"
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
GC 1 Interpretation
GC 2 Successors and Assigns
GC 3 Assignment of Contract
GC 4 Subcontracting by Contractor
GC 5 Amendments
GC 6 No Implied Obligations
GC 7 Time of the Essence
GC 8 Indemnification by Contractor
GC 9 Indemnification by Her Majesty
GC 10 Applicable Laws
GC 11 Notices
GC 12 Material, Plant and Real Property Supplied by Her Majesty
GC 13 Material, Plant and Real Property Become Property of Her Majesty
GC 14 Permits and Taxes Payable
GC 15 Performance of Work under Direction of Engineer
GC 16 Cooperation with Other Contractors
GC 17 Examination of Work
GC 18 Clearing of Site
GC 19 Contractor's Superintendent
GC 20 National Security
GC 21 Unsuitable Workers
GC 22 Increased or Decreased Costs
GC 23 Canadian Labour and Material
GC 24 Protection of Work and Documents
GC 25 Public Ceremonies and Signs
GC 26 Precautions against Damage, Infringement of Rights, Fire and Other
Hazards
GC 27 Insurance
GC 28 Insurance Proceeds
GC 29 Contract Security
GC 30 Changes in the Work
GC 31 Interpretation of Contract by Engineer
GC 32 Warranty and Rectification of Defects in Work
GC 33 Non-Compliance by Contractor
GC 34 Protesting Engineer's Decision
GC 35 Changes in Soil Conditions and Neglect or Delay by Her Majesty
GC 36 Extension of Time
GC 37 Assessments and Damages for Late Completion
GC 38 Taking the Work Out of the Contractor's Hands
GC 39 Effect of Taking the Work Out of the Contractor's Hands
GC 40 Suspension of Work by Minister
GC 41 Termination of Contract
GC 42 Claims against and Obligations of the Contractor or Subcontractor
GC 43 Security Deposit - Forfeiture or Return
GC 44 Engineer's Certificate
GC 45 Return of Security Deposit
GC 46 Clarification of Terms in GC 47 to GC 50
GC 47 Additions or Amendments to Unit Price Table
GC 48 Determination of Cost - Unit Price Table
GC 49 Determination of Cost Prior to Undertaking Work - Lump Sum
GC 50 Determination of Cost Following Completion of Work
GC 51 Records to be Kept by Contractor
GC 52 Conflict of Interest
GC 53 Contractor's Status
GC 54 Human Remains, Archaeological Remain and Items of Historical or
Scientific Interest
GC 55 Contaminated Site Conditions
GC 56 Certification - Contingency Fees
GC 57 Non-discrimination in Hiring and Employment of Labour
GC 1 (1994-01-10) Interpretation
1.1 In the contract
1.1.1 where reference is made to a part of the contract by means of
numbers preceded by letters, the reference shall be construed
to be a reference to the particular part of the contract that
is identified by that combination of letters and numbers and
to any other part of the contract referred to therein;
1.1.2 "contract" means the contract documents referred to in the
Articles of Agreement;
1.1.3 "contract security" means any security given by the
contractor to Her Majesty in accordance with the contract;
1.1.4 "Engineer" means the officer or employee of Her Majesty who
is designated pursuant to the Articles of Agreement and
includes a person specially authorized by the Engineer to
perform, on the Engineer's behalf, any of the Engineer's
functions under the contract and is so designated in writing
to the contractor;
1.1.5 "material" includes all commodities, articles and things
required to be furnished by or for the contractor under the
contract for incorporation into the work;
1.1.6 "Minister" includes a person acting for, or if the office is
vacant, in place of the Minister and the Minister's
successors in the office, and a lawful deputy and any
representative appointed for the purposes of the contract;
1.1.7 "person" includes, unless there is an express stipulation in
the contract to the contrary, any partnership, proprietorship,
firm, joint venture, consortium, corporation;
1.1.8 "plant" includes all animals, tools, implements, machinery,
vehicles, buildings, structures, equipment and commodities,
articles and things other than material, that are necessary
for the due performance of the contract;
1.1.9 "subcontractor" means a person to whom the contractor has,
subject to GC 4, subcontracted the whole or any part of the
work;
1.1.10 "superintendent" means the employee of the contractor who is
designated by the contractor to act pursuant to GC 19;
1.1.11 "work" includes, subject only to any express stipulation in
the contract to the contrary, everything that is necessary to
be done, furnished or delivered by the contractor to perform
the contract.
1.2 The headings in the contract documents, other than in the Plans and
Specifications, form no part of the contract but are inserted for
convenience of reference only.
1.3 In interpreting the contract, in the event of discrepancies or
conflicts between anything in the Plans and Specifications and the
General Conditions, the General Conditions govern.
1.4 In interpreting the Plans and Specifications, in the event of
discrepancies or conflicts between
1.4.1 the Plans and Specifications, the Specifications govern;
1.4.2 the Plans, the Plans drawn with the largest scale govern; and
1.4.3 figured dimensions and scaled dimensions, the figured
dimensions govern.
GC 2 (1994-01-10) Successors and Assigns
2.1 The contract shall inure to the benefit of and be binding upon the
parties hereto and their lawful heirs, executors, administrators,
successors and assigns.
GC 3 (1994-01-10) Assignment of Contract
3.1 The contract may not be assigned by the contractor, either in whole
or in part, without the written consent of the Minister.
GC 4 (1994-01-10) Subcontracting by Contractor
4.1 Subject to this General Condition, the contractor may subcontract
any part of the work.
4.2 The contractor shall notify the Engineer in writing of the
contractor's intention to subcontract.
4.3 A notification referred to in GC 4.2 shall identify the part of the
work, and the subcontractor with whom it is intended to subcontract.
4.4 The Engineer may object to the intended subcontracting by notifying
the contractor in writing within six (6) days of receipt by the
Engineer of a notification referred to in GC 4.2.
4.5 If the Engineer objects to a subcontracting pursuant to GC 4.4, the
contractor shall not enter into the intended subcontract.
4.6 The contractor shall not, without the written consent of the
Engineer, change a subcontractor who has been engaged by the
contractor in accordance with this General Condition.
4.7 All the terms and conditions of this Contract that are of general
application shall be incorporated in every other contract, except
those contracts issued solely for the supply of plant or material,
issued as a consequence of this Contract.
4.8 Neither a subcontracting nor the Engineer's consent to a
subcontracting by the contractor shall be construed to relieve the
contractor from any obligation under the contract or to impose any
liability upon Her Majesty.
GC 5 (1994-01-10) Amendments
No amendment or change in any of the provisions of the contract shall have
any force or effect until it is reduced to writing.
GC 6 (1994-01-10) No Implied Obligations
6.1 No implied terms or obligations of any kind by or on behalf of Her
Majesty shall arise from anything in the contract and the express
covenants and agreements therein contained and made by Her Majesty
are the only covenants and agreements upon which any rights against
Her Majesty are to be founded.
6.2 The contract supersedes all communications, negotiations and
agreements, either written or oral, relating to the work, that were
made prior to the date of the contract.
GC 7 (1994-01-10) Time of the Essence
Time is of the essence of the contract.
GC 8 (1994-01-10) Indemnification by Contractor
8.1 The contractor shall indemnify and save Her Majesty harmless from
and against all claims, demands, losses, costs, damages, actions,
suits, or proceedings by whomever made, brought or prosecuted and in
any manner based upon, arising out of, related to, occasioned by or
attributable to the activities of the contractor, the contractor's
servants, agents, subcontractors and subcontractors in performing
the work including an infringement or an alleged infringement of a
patent of invention or any other kind of intellectual property.
8.2 For the purpose of GC 8.1, "activities" includes any act improperly
carried out, any omission to carry out an act and any delay in
carrying out an act.
GC 9 (1994-01-10) Indemnification by Her Majesty
9.1 Her Majesty shall, subject to the Crown Liability Act, the Patent
Act, and any other law that affects Her Majesty's rights, powers,
privileges or obligations, indemnify and save the contractor
harmless from and against all claims, demands, losses, costs, damage,
actions, suits or proceedings arising out of the contractor's
activities under the contract that are directly attributable to
9.1.1 lack of or a defect in Her Majesty's title to the work site
whether real or alleged; or
9.1.2 an infringement or an alleged infringement by the contractor
of any patent of invention or any other kind of intellectual
property occurring while the contractor was performing any
act for the purposes of the contract employing a model, plan
or design or any other thing related to the work that was
supplied by Her Majesty to the contractor.
GC 10 (2006-06-16) Applicable Laws
10.1 The Contractor shall comply with all legislative and regulatory
provisions whether federal, provincial or municipal applicable to
the performance of the Work.
10.2 Unless otherwise provided in the Contract, the Contractor shall
obtain all permits and hold all certificates and licences for the
performance of the Work.
10.3 From time to time, the Engineer may request that the Contractor
provide evidence that it complies with all applicable legislative
and regulatory provisions and that it holds all required permits,
certificates and licences. Such evidence shall be provided within
the time set in the request or as otherwise stipulated in the
Contract.
GC 11 (1994-01-10) Notices
11.1 Any notice, consent, order, decision, direction or other
communication, other than a notice referred to in GC 11.4, that may
be given to the contractor pursuant to the contract may be given in
any manner.
11.2 Any notice, consent, order, decision, direction or other
communication required to be given in writing, to any party pursuant
to the contract shall, subject to GC 11.4, be deemed to have been
effectively given
11.2.1 to the contractor, if delivered personally to the contractor
or the contractor's superintendent, or forwarded by mail,
telex or facsimile to the contractor at the address set out
in A4.1, or
11.2.2 to Her Majesty, if delivered personally to the Engineer, or
forwarded by mail, telex or facsimile to the Engineer at the
address set out in A1.2.1.
11.3 Any such notice, consent, order, decision, direction or other
communication given in accordance with GC 11.2 shall be deemed to
have been received by either party
11.3.1 if delivered personally, on the day that it was delivered;
11.3.2 if forwarded by mail, on the earlier of the day it was
received and the sixth day after it was mailed; and
11.3.3 if forwarded by telex or facsimile, 24 hours after it was
transmitted.
11.4 A notice given under GC 38.1.1, GC 40 and GC 41, if delivered
personally, shall be delivered to the contractor if the contractor
is doing business as a sole proprietor or, if the contractor is a
partnership or corporation, to an officer thereof.
GC 12 (1994-01-10) Material, Plant and Real Property Supplied by Her
Majesty
12.1 Subject to GC 12.2, the contractor is liable to Her Majesty for any
loss of or damage to material, plant or real property that is
supplied or placed in the care, custody and control of the
contractor by Her Majesty for use in connection with the contract,
whether or not that loss or damage is attributable to causes beyond
the contractor's control.
12.2 The contractor is not liable to Her Majesty for any loss or damage
to material, plant or real property referred to in GC 12.1 if that
loss or damage results from and is directly attributable to
reasonable wear and tear.
12.3 The contractor shall not use any material, plant or real property
referred to in GC 12.1 except for the purpose of performing this
contract.
12.4 When the contractor fails to make good any loss or damage for which
the contractor is liable under GC 12.1 within a reasonable time
after being required to do so by the Engineer, the Engineer may
cause the loss or damage to be made good at the contractor's expense,
and the contractor shall thereupon be liable to Her Majesty for the
cost thereof and shall, on demand, pay to Her Majesty an amount
equal to that cost.
12.5 The contractor shall keep such records of all material, plant and
real property referred to in GC 12.1 as the Engineer from time to
time requires and shall satisfy the Engineer, when requested, that
such material, plant and real property are at the place and in the
condition in which they ought to be.
GC 13 (1994-01-10) Material, Plant and Real Property become Property of
Her Majesty
13.1 Subject to GC 14.7 all material and plant and the interest of the
contractor in all real property, licences, powers and privileges
purchased, used or consumed by the contractor for the contract shall,
after the time of their purchase, use or consumption be the property
of Her Majesty for the purposes of the work and they shall continue
to be the property of Her Majesty
13.1.1 in the case of material, until the Engineer indicates that it
will not be required for the work, and
13.1.2 in the case of plant, real property, licenses, powers and
privileges, until the Engineer indicates that the interest
vested in Her Majesty therein is no longer required for the
purposes of the work.
13.2 Material or plant that is the property of Her Majesty by virtue of
GC 13.1 shall not be taken away from the work site or used or
disposed of except for the purposes of the work without the written
consent of the Engineer.
13.3 Her Majesty is not liable for loss of or damage from any cause to
the material or plant referred to in GC 13.1 and the contractor is
liable for such loss or damage notwithstanding that the material or
plant is the property of Her Majesty.
GC 14 (1994-01-10) Permits and Taxes Payable
14.1 The contractor shall, within thirty (30) days after the date of the
contract, tender to a municipal authority an amount equal to all
fees and charges that would be lawfully payable to that municipal
authority in respect of building permits as if the work were being
performed for a person other than Her Majesty.
14.2 Within ten (10) days of making a tender pursuant to GC 14.1, the
contractor shall notify the Engineer of the contractor's action and
of the amount tendered and whether or not the municipal authority
has accepted that amount.
14.3 If the municipal authority does not accept the amount tendered
pursuant to GC 14.1, the contractor shall pay that amount to Her
Majesty within six (6) days after the time stipulated in GC 14.2.
14.4 For the purposes of GC 14.1 to GC 14.3, "municipal authority" means
any authority that would have jurisdiction respecting permission to
perform the work if the owner were not Her Majesty.
14.5 Notwithstanding the residency of the contractor, the contractor
shall pay any applicable tax arising from or related to the
performance of the work under the contract.
14.6 In accordance with the Statutory Declaration referred to in TP 4.9,
a contractor who has neither residence nor place of business in the
province in which work under the contract is being performed shall
provide Her Majesty with proof of registration with the provincial
sales tax authorities in the said province.
14.7 For the purpose of the payment of any applicable tax or the
furnishing of security for the payment of any applicable tax arising
from or related to the performance of the work under the contract,
the contractor shall, notwithstanding the fact that all material,
plant and interest of the contractor in all real property, licences,
powers and privileges, have become the property of Her Majesty after
the time of purchase, be liable, as a user or consumer, for the
payment or for the furnishing of security for the payment of any
applicable tax payable, at the time of the use or consumption of
that material, plant or interest of the contractor in accordance
with the relevant legislation.
GC 15 (1994-01-10) Performance of Work under Direction of Engineer
15.1 The contractor shall
15.1.1 permit the Engineer to have access to the work and its site
at all times during the performance of the contract;
15.1.2 furnish the Engineer with such information respecting the
performance of the contract as the Engineer may require; and
15.1.3 give the Engineer every possible assistance to enable the
Engineer to carry out the Engineer's duty to see that the
work is performed in accordance with the contract and to
carry out any other duties and exercise any powers specially
imposed or conferred on the Engineer under the contract.
GC 16 (1994-01-10) Cooperation with Other Contractors
16.1 Where, in the opinion of the Engineer, it is necessary that other
contractors or workers with or without plant and material, be sent
onto the work or its site, the contractor shall, to the satisfaction
of the Engineer, allow them access and cooperate with them in the
carrying out of their duties and obligation.
16.2 If
16.2.1 the sending onto the work or its site of other contractors or
workers pursuant to GC 16.1 could not have been reasonably
foreseen or anticipated by the contractor when entering into
the contract; and
16.2.2 the contractor incurs, in the opinion of the Engineer, extra
expense in complying with GC 16.1; and
16.2.3 the contractor has given the Engineer written notice of the
contractor's claim for the extra expense referred to in GC 16.2.2
within thirty (30) days of the date that the other
contractors or workers were sent onto the work or its site,
Her Majesty shall pay the contractor the cost, calculated in
accordance with GC 48 to GC 50, of the extra labour, plant and
material that was necessarily incurred.
GC 17 (1994-01-10) Examination of Work
17.1 If, at any time after the commencement of the work but prior to the
expiry of the warranty or guarantee period, the Engineer has reason
to believe that the work or any part thereof has not been performed
in accordance with the contract, the Engineer may have that work
examined by an expert of the Engineer's choice.
17.2 If, as a result of an examination of the work referred to in GC 17.1,
it is established that the work was not performed in accordance with
the contract, then, in addition to and without limiting or otherwise
affecting any of Her Majesty's rights and remedies under the
contract either at law or in equity, the contractor shall pay Her
Majesty, on demand, all reasonable costs and expenses that were
incurred by Her Majesty in having that examination performed.
GC 18 (1994-01-10) Clearing of Site
18.1 The contractor shall maintain the work and its site in a tidy
condition and free from the accumulation of waste material and
debris, in accordance with any directions of the Engineer.
18.2 Before the issue of an interim certificate referred to in GC 44.2,
the contractor shall remove all the plant and material not required
for the performance of the remaining work, and all waste material
and other debris, and shall cause the work and its site to be clean
and suitable for occupancy by Her Majesty's servants, unless
otherwise stipulated in the contract.
18.3 Before the issue of a final certificate referred to in GC 44.1, the
contractor shall remove from the work and its site all of the
surplus plant and material and any waste material and other debris.
18.4 The contractor's obligations described in GC 18.1 to GC 18.3 do not
extend to waste material and other debris caused by Her Majesty's
servants or contractors and workers referred to in GC 16.1
GC 19 (1994-01-10) Contractor's Superintendent
19.1 The contractor shall, forthwith upon the award of the contract,
designate a superintendent.
19.2 The contractor shall forthwith notify the Engineer of the name,
address and telephone number of a superintendent designated pursuant
to GC 19.1.
19.3 A superintendent designated pursuant to GC 19.1 shall be in full
charge of the operations of the contractor in the performance of the
work and is authorized to accept any notice, consent, order,
direction, decision or other communication on behalf of the
contractor that may be given to the superintendent under the
contract.
19.4 The contractor shall, until the work has been completed, keep a
competent superintendent at the work site during working hours.
19.5 The contractor shall, upon the request of the Engineer, remove any
superintendent who, in the opinion of the Engineer, is incompetent
or has been guilty of improper conduct, and shall forthwith
designate another superintendent who is acceptable to the Engineer.
19.6 Subject to GC 19.5, the contractor shall not substitute a
superintendent without the written consent of the Engineer.
19.7 A breach by the contractor of GC 19.6 entitles the Engineer to
refuse to issue any certificate referred to in GC44 until the
superintendent has returned to the work site or another
superintendent who is acceptable to the Engineer has been
substituted.
GC 20 (1994-01-10) National Security
20.1 If the Minister is of the opinion that the work is of a class or
kind that involves the national security, the Minister may order the
contractor
20.1.1 to provide the Minister with any information concerning
persons employed or to be employed by the contractor for
purposes of the contract; and
20.1.2 to remove any person from the work and its site if, in the
opinion of the Minister, that person may be a risk to the
national security.
20.2 The contractor shall, in all contracts with persons who are to be
employed in the performance of the contract, make provision for the
performance of any obligation that may be imposed upon the
contractor under GC 19 to GC 21.
20.3 The contractor shall comply with an order of the Minister under GC
20.1.
GC 21 (1994-01-10) Unsuitable Workers
The contractor shall, upon the request of the Engineer, remove any person
employed by the contractor for purposes of the contract who, in the opinion
of the Engineer, is incompetent or is guilty of improper conduct, and the
contractor shall not permit a person who has been removed to return to the
work site.
GC 22 (1994-01-10) Increased or Decreased Costs
22.1 The amount set out in the Articles of Agreement shall not be
increased or decreased by reason of any increase or decrease in the
cost of the work that is brought about by an increase or decrease in
the cost of labour, plant or material or any wage adjustment arising
pursuant to the Labour Conditions.
22.2 Notwithstanding GC 22.1 and GC 35, an amount set out in the Articles
of Agreement shall be adjusted in the manner provided in GC 22.3, if
any change in a tax imposed under the Excise Act, the Excise Tax Act,
the Old Age Security Act, the Customs Act, the Customs Tariff or any
provincial sales tax legislation imposing a retail sales tax on the
purchase of tangible personal property incorporated into Real
Property
22.2.1 occurs after the date of the submission by the contractor of
the contractor's tender for the contract;
22.2.2 applies to material; and
22.2.3 affects the cost to the contractor of that material.
22.3 If a change referred to in GC 22.2 occurs, the appropriate amount
set out in the Articles of Agreement shall be increased or decreased
by an amount equal to the amount that is established by an
examination of the relevant records of the contractor referred to in
GC 51 to be the increase or decrease in the cost incurred that is
directly attributable to that change.
22.4 For the purpose of GC 22.2, where a tax is changed after the date of
submission of the tender but public notice of the change has been
given by the Minister of Finance before that date, the change shall
be deemed to have occurred before the date of submission of the
tender.
GC 23 (1994-01-10) Canadian Labour and Material
23.1 The contractor shall use Canadian labour and material in the
performance of the work to the full extent to which they are
procurable, consistent with proper economy and the expeditious
carrying out of the work.
23.2 Subject to GC 23.1, the contractor shall, in the performance of the
work, employ labour from the locality where the work is being
performed to the extent to which it is available, and shall use the
offices of the Canada Employment Centres for the recruitment of
workers wherever practicable.
23.3 Subject to GC 23.1 and GC 23.2, the contractor shall, in the
performance of the work, employ a reasonable proportion of persons
who have been on active service with the armed forces of Canada and
have been honourably discharged therefrom.
GC 24 (1994-01-10) Protection of Work and Documents
24.1 The contractor shall guard or otherwise protect the work and its
site, and protect the contract, specifications, plans, drawings,
information, material, plant and real property, whether or not they
are supplied by Her Majesty to the contractor, against loss or
damage from any cause, and the contractor shall not use, issue,
disclose or dispose of them without the written consent of the
Minister, except as may be essential for the performance of the work.
24.2 If any document or information given or disclosed to the contractor
is assigned a security rating by the person who gave or disclosed it,
the contractor shall take all measures directed by the Engineer to
be taken to ensure the maintenance of the degree of security that is
ascribed to that rating.
24.3 The contractor shall provide all facilities necessary for the
purpose of maintaining security, and shall assist any person
authorized by the Minister to inspect or to take security measures
in respect of the work and its site.
24.4 The Engineer may direct the contractor to do such things and to
perform such additional work as the Engineer considers reasonable
and necessary to ensure compliance with or to remedy a breach of GC
24.1 to GC 24.3.
GC 25 (1994-01-10) Public Ceremonies and Signs
25.1 The contractor shall not permit any public ceremony in connection
with the work without the prior consent of the Minister.
25.2 The contractor shall not erect or permit the erection of any sign or
advertising on the work or its site without the prior consent of the
Engineer.
GC 26 (1994-01-10) Precautions Against Damage, Infringement of Rights,
Fire, and other Hazards
26.1 The contractor shall, at the contractor's expense, do whatever is
necessary to ensure that
26.1.1 no person, property, right, easement or privilege is injured,
damaged or infringed by reasons of the contractor's
activities in performing the contract;
26.1.2 pedestrian and other traffic on any public or private road or
waterway is not unduly impeded, interrupted or endangered by
the performance or existence of the work or plant;
26.1.3 fire hazards in or about the work or its site are eliminated
and, subject to any direction that may be given by the
Engineer, any fire is promptly extinguished;
26.1.4 the health and safety of all persons employed in the
performance of the work is not endangered by the method or
means of its performance;
26.1.5 adequate medical services are available to all persons
employed on the work or its site at all times during the
performance of the work;
26.1.6 adequate sanitation measures are taken in respect of the work
and its site; and
26.1.7 all stakes, buoys and marks placed on the work or its site by
or under the authority of the Engineer are protected and are
not removed, defaced, altered or destroyed.
26.2 The Engineer may direct the contractor to do such things and to
perform such additional work as the Engineer considers reasonable
and necessary to ensure compliance with or to remedy a breach of GC
26.1.
26.3 The contractor shall, at the contractor's expense, comply with a
direction of the Engineer made under GC 26.2.
GC 27 (1994-01-10) Insurance
27.1 The contractor shall, at the contractor's expense, obtain and
maintain insurance contracts in respect of the work and shall
provide evidence thereof to the Engineer in accordance with the
requirements of the Insurance Conditions "E".
27.2 The insurance contracts referred to in GC 27.1 shall
27.2.1 be in a form, of the nature, in the amounts, for the periods
and containing the terms and conditions specified in
Insurance Conditions "E"; and
27.2.2 provide for the payment of claims under such insurance
contracts in accordance with GC 28.
GC 28 (1994-01-10) Insurance Proceeds
28.1 In the case of a claim payable under a Builders Risk/Installation
(All Risks) insurance contract maintained by the contractor pursuant
to GC 27, the proceeds of the claim shall be paid directly to Her
Majesty, and
28.1.1 the monies so paid shall be held by Her Majesty for the
purposes of the contract, or
28.1.2 if Her Majesty elects, shall be retained by Her Majesty, in
which event they vest in Her Majesty absolutely.
28.2 In the case of a claim payable under a General Liability insurance
contract maintained by the contractor pursuant to GC 27, the
proceeds of the claim shall be paid by the insurer directly to the
claimant.
28.3 If an election is made pursuant to GC 28.1, the Minister may cause
an audit to be made of the accounts of the contractor and of Her
Majesty in respect of the part of the work that was lost, damaged or
destroyed for the purpose of establishing the difference, if any,
between
28.3.1 the aggregate of the amount of the loss or damage suffered or
sustained by Her Majesty, including any costs incurred in
respect of the clearing and cleaning of the work and its site
and any other amount that is payable by the contractor to Her
Majesty under the contract, minus any monies retained
pursuant to GC 28.1.2; and
28.3.2 the aggregate of the amounts payable by Her Majesty to the
contractor pursuant to the contract up to the date of the
loss or damage.
28.4 A difference that is established pursuant to GC 28.3 shall be paid
forthwith by the party who is determined by the audit to be the
debtor to the party who is determined by the audit to be the
creditor.
28.5 When payment of a deficiency has been made pursuant to GC 28.4, all
rights and obligations of Her Majesty and the contractor under the
contract shall, with respect only to the part of the work that was
the subject of the audit referred to in GC 28.3, be deemed to have
been expended and discharged.
28.6 If an election is not made pursuant to GC 28.1.2, the contractor
shall, subject to GC 28.7, clear and clean the work and its site and
restore and replace the part of the work that was lost, damaged or
destroyed at the contractor's expense as if that part of the work
had not yet been performed.
28.7 When the contractor clears and cleans the work and its site and
restores and replaces the work referred to in GC 28.6, Her Majesty
shall pay the contractor out of the monies referred to in GC 28.1 so
far as they will thereunto extend.
28.8 Subject to GC 28.7, payment by Her Majesty pursuant to GC 28.7 shall
be made in accordance with the contract but the amount of each
payment shall be 100% of the amount claimed notwithstanding TP 4.4.1
and TP 4.4.2.
GC 29 (1994-01-10) Contract Security
29.1 The contractor shall obtain and deliver contract security to the
Engineer in accordance with the provisions of the Contract Security
Conditions.
29.2 If the whole or a part of the contract security referred to in GC 29.1
is in the form of a security deposit, it shall be held and disposed
of in accordance with GC 43 and GC 45.
29.3 If a part of the contract security referred to in GC 29.1 is in the
form of a labour and material payment bond, the contractor shall
post a copy of that bond on the work site.
GC 30 (1994-01-10) Changes in the Work
30.1 Subject to GC 5, the Engineer may, at any time before issuing a
Final Certificate of Completion,
30.1.1 order work or material in addition to that provided for in
the Plans and Specifications; and
30.1.2 delete or change the dimensions, character, quantity, quality,
description, location or position of the whole or any part of
the work or material provided for in the Plans and
Specifications or in any order made pursuant to GC 30.1.1,
if that additional work or material, deletion, or change is, in the
Engineer's opinion, consistent with the general intent of the
original contract.
30.2 The contractor shall perform the work in accordance with such orders,
deletions and changes that are made by the Engineer pursuant to GC
30.1 from time to time as if they had appeared in and been part of
the Plans and Specifications.
30.3 The Engineer shall determine whether or not anything done or omitted
by the contractor pursuant to an order, deletion or change referred
to in GC 30.1 increased or decreased the cost of the work to the
contractor.
30.4 If the Engineer determines pursuant to GC 30.3 that the cost of the
work to the contractor has been increased, Her Majesty shall pay the
contractor the increased cost that the contractor necessarily
incurred for the additional work calculated in accordance with GC 49
or GC 50.
30.5 If the Engineer determines pursuant to GC 30.3 that the cost of the
work to the contractor has been decreased, Her Majesty shall reduce
the amount payable to the contractor under the contract by an amount
equal to the decrease in the cost caused by the deletion or change
referred to in GC 30.1.2 and calculated in accordance with GC 49.
30.6 GC 30.3 to GC 30.5 are applicable only to a contract or a portion of
a contract for which a Fixed Price Arrangement is stipulated in the
contract.
30.7 An order, deletion or change referred to in GC 30.1 shall be in
writing, signed by the Engineer and given to the contractor in
accordance with GC 11.
GC 31 (1994-01-10) Interpretation of Contract by Engineer
31.1 If, at any time before the Engineer has issued a Final Certificate
of Completion referred to in GC 44.1, any question arises between
the parties about whether anything has been done as required by the
contract or about what the contractor is required by the contract to
do, and, in particular but without limiting the generality of the
foregoing, about
31.1.1 the meaning of anything in the Plans and Specifications,
31.1.2 the meaning to be given to the Plans and Specifications in
case of any error therein, omission therefrom, or obscurity
or discrepancy in their wording or intention,
31.1.3 whether or not the quality or quantity of any material or
workmanship supplied or proposed to be supplied by the
contractor meets the requirements of the contract,
31.1.4 whether or not the labour, plant or material provided by the
contractor for performing the work and carrying out the
contract are adequate to ensure that the work will be
performed in accordance with the contract and that the
contract will be carried out in accordance with its terms,
31.1.5 what quantity of any kind of work has been completed by the
contractor, or
31.1.6 the timing and scheduling of the various phases of the
performance of the work,
the question shall be decided by the Engineer whose decision shall
be final and conclusive in respect of the work.
31.2 The contractor shall perform the work in accordance with any
decisions of the Engineer that are made under GC 31.1 and in
accordance with any consequential directions given by the Engineer.
GC 32 (1994-01-10) Warranty and Rectification of Defects in Work
32.1 Without restricting any warranty or guarantee implied or imposed by
law or contained in the contract documents, the contractor shall, at
the contractor's expense,
32.1.1 rectify and make good any defect or fault that appears in the
work or comes to the attention of the Minister with respect
to those parts of the work accepted in connection with the
Interim Certificate of Completion referred to GC 44.2 within
twelve (12) months from the date of the Interim Certificate
of Completion;
32.1.2 rectify and make good any defect or fault that appears in or
comes to the attention of the Minister in connection with
those parts of the work described in the Interim Certificate
of Completion referred to in GC 44.2 within twelve (12)
months from the date of the Final Certificate of Completion
referred to in GC 44.1.
32.2 The Engineer may direct the contractor to rectify and make good any
defect or fault referred to in GC 32.1 or covered by any other
expressed or implied warranty or guarantee.
32.3 A direction referred to in GC 32.2 shall be in writing, may include
a stipulation in respect of the time within which a defect or fault
is required to be rectified and made good by the contractor, and
shall be given to the contractor in accordance with GC11.
32.4 The contractor shall rectify and make good any defect or fault
described in a direction given pursuant to GC 32.2 within the time
stipulated therein.
GC 33 (1994-01-10) Non-compliance by Contractor
33.1 If the contractor fails to comply with any decision or direction
given by the Engineer pursuant to GC 18, GC 24, GC 26, GC 31 or GC
32, the Engineer may employ such methods as the Engineer deems
advisable to do that which the contractor failed to do.
33.2 The contractor shall, on demand, pay Her Majesty an amount that is
equal to the aggregate of all costs, expenses and damage incurred or
sustained by Her Majesty by reason of the contractor's failure to
comply with any decision or direction referred to in GC 33.1,
including the cost of any methods employed by the Engineer pursuant
to GC 33.1.
GC 34 (1994-01-10) Protesting Engineer's Decisions
34.1 The contractor may, within ten (10) days after the communication to
the contractor of any decision or direction referred to in GC 30.3
or GC 33.1, protest that decision or direction.
34.2 A protest referred to in GC 34.1 shall be in writing, contain full
reasons for the protest, be signed by the contractor and be given to
Her Majesty by delivery to the Engineer.
34.3 If the contractor gives a protest pursuant to GC 34.2, any
compliance by the contractor with the decision or direction that was
protested shall not be construed as an admission by the contractor
of the correctness of that decision or direction, or prevent the
contractor from taking whatever action the contractor considers
appropriate in the circumstances.
34.4 The giving of a protest by the contractor pursuant to GC 34.2 shall
not relieve the contractor from complying with the decision or
direction that is the subject of the protest.
34.5 Subject to GC 34.6, the contractor shall take any action referred to
in GC 34.3 within three months after the date that a Final
Certificate of Completion is issued under GC 44.1 and not afterwards.
34.6 The contractor shall take any action referred to in GC 34.3
resulting from a direction under GC 32 within three (3) months after
the expiry of a warranty or guarantee period and not afterwards.
34.7 Subject to GC 34.8, if Her Majesty determines that the contractor's
protest is justified, Her Majesty shall pay the contractor the cost
of the additional labour, plant and material necessarily incurred by
the contractor in carrying out the protested decision or direction.
34.8 Costs referred to in GC 34.7 shall be calculated in accordance with
GC 48 to GC 50.
GC 35 (1994-01-10) Changes in Soil Conditions and Neglect or Delay by Her
Majesty
35.1 Subject to GC 35.2 no payment, other than a payment that is
expressly stipulated in the contract, shall be made by Her Majesty
to the contractor for any extra expense or any loss or damage
incurred or sustained by the contractor.
35.2 If the contractor incurs or sustains any extra expense or any loss
or damage that is directly attributable to
35.2.1 a substantial difference between the information relating to
soil conditions at the work site that is contained in the
Plans and Specifications or other documents supplied to the
contractor for use in preparing the contractor's tender or a
reasonable assumption of fact based thereon made by the
contractor, and the actual soil conditions encountered by the
contractor at the work site during the performance of the
contract, or
35.2.2 any neglect or delay that occurs after the date of the
contract on the part of Her Majesty in providing any
information or in doing any act that the contract either
expressly requires Her Majesty to do or that would ordinarily
be done by an owner in accordance with the usage of the trade,
the contractor shall, within ten (10) days of the date the actual
soil conditions described in GC 35.2.1 were encountered or the
neglect or delay described in GC 35.2.2 occurred, give the Engineer
written notice of intention to claim for that extra expense or that
loss or damage.
35.3 When the contractor has given a notice referred to in GC 35.2, the
contractor shall give the Engineer a written claim for extra expense
or loss or damage within thirty (30) days of the date that a Final
Certificate of Completion referred to in GC 44.1 is issued and not
afterwards.
35.4 A written claim referred to in GC 35.3 shall contain a sufficient
description of the facts and circumstances of the occurrence that is
the subject of the claim to enable the Engineer to determine whether
or not the claim is justified and the contractor shall supply such
further and other information for that purpose as the Engineer
requires from time to time.
35.5 If the Engineer determines that a claim referred to in GC 35.3 is
justified, Her Majesty shall make an extra payment to the contractor
in an amount that is calculated in accordance with GC 47 to GC 50.
35.6 If, in the opinion of the Engineer, an occurrence described in GC 35.2.1
results in a savings of expenditure by the contractor in performing
the contract, the amount set out in the Articles of Agreement shall,
subject to GC 35.7, be reduced by an amount that is equal to the
saving.
35.7 The amount of the saving referred to in GC 35.6 shall be determined
in accordance with GC 47 to GC 50.
35.8 If the contractor fails to give a notice referred to in GC 35.2 and
a claim referred to in GC 35.3 within the times stipulated, an extra
payment shall not be made to the contractor in respect of the
occurrence.
GC 36 (1994-01-10) Extension of Time
36.1 Subject to GC 36.2, the Engineer may, on the application of the
contractor made before the day fixed by the Articles of Agreement
for completion of the work or before any other date previously fixed
under this General Condition, extend the time for its completion by
fixing a new date if, in the opinion of the Engineer, causes beyond
the control of the contractor have delayed its completion.
36.2 An application referred to in GC 36.1 shall be accompanied by the
written consent of the bonding company whose bond forms part of the
contract security.
GC 37 (1994-01-10) Assessments and Damages for Late Completion
37.1 For the purposes of this General Condition
37.1.1 the work shall be deemed to be completed on the date that an
Interim Certificate of Completion referred to in GC 44.2 is
issued, and
37.1.2 "period of delay" means the number of days commencing on the
day fixed by the Articles of Agreement for completion of the
work and ending on the day immediately preceding the day on
which the work is completed but does not include any day
within a period of extension granted pursuant to GC 36.1, and
any other day on which, in the opinion of the Engineer,
completion of the work was delayed for reasons beyond the
control of the contractor.
37.2 If the contractor does not complete the work by the day fixed for
its completion by the Articles of Agreement but completes it
thereafter, the contractor shall pay Her Majesty an amount equal to
the aggregate of
37.2.1 all salaries, wages and travelling expenses incurred by Her
Majesty in respect of persons overseeing the performance of
the work during the period of delay;
37.2.2 the cost incurred by Her Majesty as a result of the inability
to use the completed work for the period of delay; and
37.2.3 all other expenses and damages incurred or sustained by Her
Majesty during the period of delay as a result of the work
not being completed by the day fixed for its completion.
37.3 The Minister may waive the right of Her Majesty to the whole or any
part of the amount payable by the contractor pursuant to GC 37.2 if,
in the opinion of the Minister, it is in the public interest to do
so.
GC 38 (1996-01-01) Taking the Work Out of the Contractor's Hands
38.1 The Minister may, at the Minister's sole discretion, by giving a
notice in writing to the contractor in accordance with GC 11, take
all or any part of the work out of the contractor's hands, and may
employ such means as the Minister sees fit to have the work
completed if the contractor
38.1.1 has not, within six (6) days of the Minister or the Engineer
giving notice to the contractor in writing in accordance with
GC 11, remedied any delay in the commencement or any default
in the diligent performance of the work to the satisfaction
of the Engineer;
38.1.2 has defaulted in the completion of any part of the work
within the time fixed for its completion by the contract;
38.1.3 has become insolvent or has committed an act of bankruptcy,
and has neither made a proposal to its creditors nor filed a
notice of intention to make such a proposal, pursuant to the
Bankruptcy and Insolvency Act;
38.1.4 has abandoned the work;
38.1.5 has made an assignment of the contract without the consent
required by GC 3.1; or
38.1.6 has otherwise failed to observe or perform any of the
provisions of the contract.
38.2 If the contractor has become insolvent or has committed an act of
bankruptcy, and has either made a proposal to its creditors or filed
a notice of intention to make such a proposal, pursuant to the
Bankruptcy and Insolvency Act, the contractor shall immediately
forward a copy of the proposal or the notice of intention to Her
Majesty.
38.3 If the whole or any part of the work is taken out of the contractor'
s hands pursuant to GC 38.1,
38.3.1 the contractor's right to any further payment that is due or
accruing due under the contract is, subject only to GC 38.5,
extinguished, and
38.3.2 the contractor is liable to pay Her Majesty, upon demand, an
amount that is equal to the amount of all loss and damage
incurred or sustained by Her Majesty in respect of the
contractor's failure to complete the work.
38.4 If the whole or any part of the work that is taken out of the
contractor's hands pursuant to GC 38.1 is completed by Her Majesty,
the Engineer shall determine the amount, if any, of the holdback or
a progress claim that had accrued and was due prior to the date on
which the work was taken out of the contractor's hands and that is
not required for the purposes of having the work performed or of
compensating Her Majesty for any other loss or damage incurred or
sustained by reason of the contractor's default.
38.5 Her Majesty may pay the contractor the amount determined not to be
required pursuant to GC 38.4.
GC 39 (1994-01-10) Effect of Taking the Work Out of the Contractor's
Hands
39.1 The taking of the work or any part thereof out of the contractor's
hands pursuant to GC 38 does not operate so as to relieve or
discharge the contractor from any obligation under the contract or
imposed upon him by law except the obligation to complete the
performance of that part of the work that was taken out of the
contractor's hands.
39.2 If the work or any part thereof is taken out of the contractor's
hands pursuant to GC 38, all plant and material and the interest of
the contractor in all real property, licences, powers and privileges
acquired, used or provided by the contractor under the contract
shall continue to be the property of Her Majesty without
compensation to the contractor.
39.3 When the Engineer certifies that any plant, material, or any
interest of the contractor referred to in GC 39.2 is no longer
required for the purposes of the work, or that it is not in the
interests of Her Majesty to retain that plant, material, or interest,
it shall revert to the contractor.
GC 40 (1994-01-10) Suspension of Work by Minister
40.1 The Minister may, when in the Minister's opinion it is in the public
interest to do so, require the contractor to suspend performance of
the work either for a specified or an unspecified period by giving a
notice of suspension in writing to the contractor in accordance with
GC 11.
40.2 When a notice referred to in GC 40.1 is received by the contractor
in accordance with GC 11, the contractor shall suspend all
operations in respect of the work except those that, in the opinion
of the Engineer, are necessary for the care and preservation of the
work, plant and material.
40.3 The contractor shall not, during a period of suspension, remove any
part of the work, plant or material from its site without the
consent of the Engineer.
40.4 If a period of suspension is thirty (30) days or less, the
contractor shall, upon the expiration of that period, resume the
performance of the work and the contractor is entitled to be paid
the extra cost, calculated in accordance with GC 48 to GC 50, of any
labour, plant and material necessarily incurred by the contractor as
a result of the suspension.
40.5 If, upon the expiration of a period of suspension of more than
thirty (30) days, the Minister and the contractor agree that the
performance of the work will be continued by the contractor, the
contractor shall resume performance of the work subject to any terms
and conditions agreed upon by the Minister and the contractor.
40.6 If, upon the expiration of a period of suspension of more than
thirty (30) days, the Minister and the contractor do not agree that
performance of the work will be continued by the contractor or upon
the terms and conditions under which the contractor will continue
the work, the notice of suspension shall be deemed to be a notice of
termination pursuant to GC 41.
GC 41 (1994-01-10) Termination of Contract
41.1 The Minister may terminate the contract at any time by giving a
notice of termination in writing to the contractor in accordance
with GC 11.
41.2 When a notice referred to in GC 41.1 is received by the contractor
in accordance with GC 11, the contractor shall, subject to any
conditions stipulated in the notice, forthwith cease all operations
in performance of the contract.
41.3 If the contract is terminated pursuant to GC 41.1, Her Majesty shall
pay the contractor, subject to GC 41.4, an amount equal to
41.3.1 the cost to the contractor of all labour, plant and material
supplied by the contractor under the contract up to the date
of termination in respect of a contract or part thereof for
which a Unit Price Arrangement is stipulated in the contract,
or
41.3.2 the lesser of
41.3.2.1 an amount, calculated in accordance with the
Terms and Payment, that would have been payable
to the contractor had the contractor completed
the work, and
41.3.2.2 an amount that is determined to be due to the
contractor pursuant to GC 49 in respect of a
contract or part thereof for which a Fixed
Price Arrangement is stipulated in the contract
less the aggregate of all amount that were paid to the Contractor by
Her Majesty and all amounts that are due to Her Majesty from the
contractor pursuant to the contract.
41.4 If Her Majesty and the contractor are unable to agree about an
amount referred to in GC 41.3 that amount shall be determined by the
method referred to in GC 50.
GC 42 (1994-01-10) Claims Against and Obligations of the Contractor or
Subcontractor
42.1 Her Majesty may, in order to discharge lawful obligations of and
satisfy claims against the contractor or a subcontractor arising out
of the performance of the contract, pay any amount that is due and
payable to the contractor pursuant to the contract directly to the
obligees of and the claimants against the contractor or the
subcontractor but such amount if any, as is paid by Her Majesty
shall not exceed that amount which the contractor would have been
obliged to pay to such claimant had the provisions of the Provincial
or Territorial lien legislation, or, in the Province of Quebec, the
law relating to privileges, been applicable to the work. Any such
claimant need not comply with the provisions of such legislation
setting out the steps by way of notice, registration or otherwise as
might have been necessary to preserve or perfect any claim for lien
or privilege which claimant might have had.
42.2 Her Majesty will not make any payment as described in GC 42.1 unless
and until that claimant shall have delivered to Her Majesty:
42.2.1 a binding and enforceable Judgment or Order of a court of
competent jurisdiction setting forth such amount as would
have been payable by the contractor to the claimant pursuant
to the provisions of the applicable Provincial or Territorial
lien legislation, or, in the Province of Quebec, the law
relating to privileges, had such legislation been applicable
to the work; or
42.2.2 a final and enforceable award of an arbitrator setting forth
such amount as would have been payable by the contractor to
the claimant pursuant to the provisions of the applicable
Provincial or Territorial lien legislation, or, in the
Province of Quebec, the law relating to privileges, had such
legislation been applicable to the work; or
42.2.3 the consent of the contractor authorizing a payment.
For the purposes of determining the entitlement of a claimant
pursuant to GC 42.2.1 and GC 42.2.2, the notice required by GC 42.8
shall be deemed to replace the registration or provision of notice
after the performance of work as required by any applicable
legislation and no claim shall be deemed to have expired, become
void or unenforceable by reason of the claimant not commencing any
action within the time prescribed by any applicable legislation.
42.3 The contractor shall, by the execution of this contract, be deemed
to have consented to submit to binding arbitration at the request of
any claimant those questions that need be answered to establish the
entitlement of the claimant to payment pursuant to the provisions of
GC 42.1 and such arbitration shall have as parties to it any
subcontractor to whom the claimant supplied material, performed work
or rented equipment should such subcontractor wish to be adjoined
and the Crown shall not be a party to such arbitration and, subject
to any agreement between the contractor and the claimant to the
contrary, the arbitration shall be conducted in accordance with the
Provincial or Territorial legislation governing arbitration
applicable in the Province or Territory in which the work is located.
42.4 A payment made pursuant to GC 42.1 is, to the extent of the payment,
a discharge of Her Majesty's liability to the contractor under the
contract and may be deducted from any amount payable to the
contractor under the contract.
42.5 To the extent that the circumstances of the work being performed for
Her Majesty permit, the contractor shall comply with all laws in
force in the Province or Territory where the work is being performed
relating to payment period, mandatory holdbacks, and creation and
enforcement of mechanics' liens, builders' liens or similar
legislation or in the Province of Quebec, the law relating to
privileges.
42.6 The contractor shall discharge all the contractor's lawful
obligations and shall satisfy all lawful claims against the
contractor arising out of the performance of the work at least as
often as the contract requires Her Majesty to pay the contractor.
42.7 The contractor shall, whenever requested to do so by the Engineer,
make a statutory declaration deposing to the existence and condition
of any obligations and claims referred to in GC 42.6.
42.8 GC 42.1 shall only apply to claims and obligations
42.8.1 the notification of which has been received by the Engineer
in writing before payment is made to the contractor pursuant
to TP4.10 and within one hundred and twenty (120) days of the
date on which the claimant
42.8.1.1 should have been paid in full under the
claimant's contract with the contractor or
subcontractor where the claim is for money that
was lawfully required to be held back from the
claimant; or
42.8.1.2 performed the last of the services, work or
labour, or furnished the last of the material
pursuant to the claimant's contract with the
contractor or subcontractor where the claim is
not for money referred to in GC 42.8.1.1, and
42.8.2 the proceedings to determine the right to payment of which,
pursuant to GC 42.2, shall have commenced within one year
from the date that the notice referred to in GC 42.8.1 was
received by the Engineer, and
the notification required by GC 42.8.1 shall set forth the amount
claimed to be owing and the person who by contract is primarily
liable.
42.9 Her Majesty may, upon receipt of a notice of claim under GC 42.8.1,
withhold from any amount that is due and payable to the contractor
pursuant to the contract the full amount of the claim or any portion
thereof.
42.10 The Engineer shall notify the contractor in writing of receipt of
any claim referred to in GC 42.8.1 and of the intention of Her
Majesty to withhold funds pursuant to GC 42.9 and the contractor may,
at any time thereafter and until payment is made to the claimant, be
entitled to post, with Her Majesty, security in a form acceptable to
Her Majesty in an amount equal to the value of the claim, the notice
of which is received by the Engineer and upon receipt of such
security Her Majesty shall release to the contractor any funds which
would be otherwise payable to the contractor, that were withheld
pursuant to the provisions of GC 42.9 in respect of the claim of any
claimant for whom the security stands.
GC 43 (1994-01-10) Security Deposit - Forfeiture or Return
43.1 If
43.1.1 the work is taken out of the contractor's hands pursuant to
GC 38,
43.1.2 the contract is terminated pursuant to GC 41, or
43.1.3 the contractor is in breach of or in default under the
contract,
Her Majesty may convert the security deposit, if any, to Her own use.
43.2 If Her Majesty converts the contract security pursuant to GC 43.1,
the amount realized shall be deemed to be an amount due from Her
Majesty to the contractor under the contract.
43.3 Any balance of an amount referred to in GC 43.2 that remains after
payment of all losses, damage and claims of Her Majesty and others
shall be paid by Her Majesty to the contractor if, in the opinion of
the Engineer, it is not required for the purposes of the contract.
GC 44 (1994-01-10) Engineer's Certificates
44.1 On the date that
44.1.1 the work has been completed, and
44.1.2 the contractor has complied with the contract and all orders
and directions made pursuant thereto,
both to the satisfaction of the Engineer, the Engineer shall issue a
Final Certificate of Completion to the contractor.
44.2 If the Engineer is satisfied that the work is substantially complete
the Engineer shall, at any time before issuing a certificate
referred to in GC 44.1, issue an Interim Certificate of Completion
to the contractor, and
44.2.1 for the purposes of GC 44.2, the work will be considered to
be substantially complete,
44.2.1.1 when the work under the contract or a
substantial part thereof is, in the opinion of
the Engineer, ready for use by Her Majesty or
is being used for the purposes intended; and
44.2.1.2 when the work remaining to be done under the
contract is, in the opinion of the Engineer,
capable of completion or correction at a cost
of not more than
44.2.1.2.1 - 3% of the first $500,000, and
44.2.1.2.2 - 2% of the next $500,000, and
44.2.1.2.3 - 1% of the balance
of the value of the contract at the time this cost is
calculated.
44.3 For the sole purpose of GC 44.2.1.2, where the work or a substantial
part thereof is ready for use or is being used for the purposes
intended and the remainder of the work or a part thereof cannot be
completed by the time specified in A 2.1, or as amended pursuant to
GC 36, for reasons beyond the control of the contractor or where the
Engineer and the contractor agree not to complete a part of the work
within the specified time, the cost of that part of the work which
was either beyond the control of the contractor to complete or the
Engineer and the contractor have agreed not to complete by the time
specified shall be deducted from the value of the contract referred
to GC 44.2.1.2 and the said cost shall not form part of the cost of
the work remaining to be done in determining substantial completion.
44.4 An Interim Certificate of Completion referred to in GC 44.2 shall
describe the parts of the work not completed to the satisfaction of
the Engineer and all things that must be done by the contractor
44.4.1 before a Final Certificate of Completion referred to in GC 44.1
will be issued; and
44.4.2 before the 12-month period referred to in GC 32.1.2 shall
commence for the said parts and all the said things.
44.5 The Engineer may, in addition to the parts of the work described in
an Interim Certificate of Completion referred to in GC 44.2, require
the contractor to rectify any other parts of the work not completed
to the Engineer's satisfaction and to do any other things that are
necessary for the satisfactory completion of the work.
44.6 If the contract or a part thereof is subject to a Unit Price
Arrangement, the Engineer shall measure and record the quantities of
labour, plant and material, performed, used and supplied by the
contractor in performing the work and shall, at the request of the
contractor, inform the contractor of those measurements.
44.7 The contractor shall assist and co-operate with the Engineer in the
performance of the Engineer's duties referred to in GC 44.6 and
shall be entitled to inspect any record made by the Engineer
pursuant to GC 44.6.
44.8 After the Engineer has issued a Final Certificate of Completion
referred to in GC 44.1, the Engineer shall, if GC 44.6 applies,
issue a Final Certificate of Measurement.
44.9 A Final Certificate of Measurement referred to in GC 44.8 shall
44.9.1 contain the aggregate of all measurements of quantities
referred to in GC 44.6; and
44.9.2 be binding upon and conclusive between Her Majesty and the
contractor as to the quantities referred to therein.
GC 45 (1994-01-10) Return of Security Deposit
45.1 After an Interim Certificate of Completion referred to in GC 44.2
has been issued, Her Majesty shall, if the contractor is not in
breach of or in default under the contract, return to the contractor
all or any part of the security deposit that, in the opinion of the
Engineer, is not required for the purposes of the contract.
45.2 After a Final Certificate of Completion referred to in GC 44.1 has
been issued, Her Majesty shall return to the contractor the
remainder of any security deposit unless the contract stipulates
otherwise.
45.3 If the security deposit was paid into the Consolidated Revenue Fund
of Canada, Her Majesty shall pay interest thereon to the contractor
at a rate established from time to time pursuant to section 21(2) of
the Financial Administration Act.
GC 46 (1994-01-10) Clarification of Terms in GC 47 to GC 50
46.1 For the purposes of GC 47 to GC 50,
46.1.1 "Unit Price Table" means the table set out in the Articles of
Agreement, and
46.1.2 "plant" does not include tools customarily provided by a
tradesperson in practicing a trade.
GC 47 (1994-01-10) Additions or Amendments to Unit Price Table
47.1 Where a Unit Price Arrangement applies to the contract or a part
thereof the Engineer and the contractor may, by an agreement in
writing,
47.1.1 add classes of labour, plant or material, and units of
measurement, prices per unit and estimated quantities to the
Unit Price Table if any labour, plant or material that is to
be included in the Final Certificate of Measurement referred
to in GC 44.8 is not included in any class of labour, plant
or material set out in the Unit Price Table; or
47.1.2 subject to GC47.2 and GC 47.3, amend a price per unit set out
in the Unit Price Table for any class of labour, plant or
material included therein if the Final Certificate of
Measurement referred to in GC 44.8 shows or is expected to
show that the total quantity of that class of labour, plant
or material actually performed, used or supplied by the
contractor in performing the work is
47.1.2.1 less than 85% of that estimated total quantity, or
47.1.2.2 in excess of 115% of that estimated total quantity.
47.2 In no event shall the total cost of an item set out in the Unit
Price Table that has been amended pursuant to GC 47.1.2.1 exceed the
amount that would have been payable to the contractor had the
estimated total quantity actually been performed, used or supplied.
47.3 An amendment that is made necessary by GC 47.1.2.2 shall apply only
to the quantities that are in excess of 115%.
47.4 If the Engineer and the contractor do not agree as contemplated in
GC 47.1, the Engineer shall determine the class and the unit of
measurement of the labour, plant or material and, subject to GC 47.2
and GC 47.3, the price per unit therefor shall be determined in
accordance with GC 50.
GC 48 (1994-01-10) Determination of Cost - Unit Price Table
Whenever, for the purposes of the contract it is necessary to determine the
cost of labour, plant or material, it shall be determined by multiplying
the quantity of that labour, plant or material expressed in the unit set
out in column 3 of the Unit Price Table by the price of that unit set out
in column 5 of the Unit Price Table.
GC 49 (2000-05-12) Determination of Cost Prior to Undertaking Work - Lump
Sum
49.1 If the method described in GC 48 cannot be used because the labour,
plant and material is of a kind or class that is not set out in the
Unit Price Table then, for the purpose of the contract, the price of
the change shall be the aggregate costs of all labour, plant and
material that is required for the change as agreed upon by the
Contractor and the Engineer plus a mark-up for all supervision,
coordination, administration, overhead, margin and the risk of
undertaking the work within the stipulated amount, which mark-up
shall be equal to
49.1.1 20% of the aggregate costs referred to herein for that
portion of the Work done by the Contractor's own forces; and
49.1.2 15% of the aggregate costs referred to herein for that
portion of the Work that is done by subcontract.
49.2 Subject to similar provisions expressed elsewhere in the contract,
in order to facilitate approval of the change, the Contractor shall
submit a cost breakdown identifying, as a minimum, the cost of
labour, plant, material, each subcontract amount and the amount of
the appropriate percentage mark-up as described herein.
GC 50 (2000-05-12) Determination of Cost Following Completion of Work
50.1 Where it is not possible to predetermine the price of a change,
including elements not set out in the Unit Price Table, the actual
price of the change shall be equal to the aggregate costs of
50.1.1 all reasonable and proper amounts actually expended or
legally payable by the Contractor in respect of the labour,
plant and material that falls within one of the classes of
expenditure described in GC 50.2 that are directly
attributable to the performance of the contract;
50.1.2 a mark-up equal to 10% of the amounts referred to in
GC 50.1.1 which mark-up shall be for profit and all other
expenditures or costs, not covered in GC 50.1.1 or GC 50.1.3,
including overhead, general administration costs and
financing and interest charges; and
50.1.3 interest on the costs determined under GC 50.1.1 and
GC 50.1.2, which interest shall be calculated in accordance
with TP9,
provided that the total cost of an item set out in the Unit Price
Table that is subject to the provisions of GC 47.1.2.1 does not
exceed the amount that would have been payable to the Contractor had
the Estimated Total Quantity of the said item actually been
performed, used or supplied.
50.2 For the purpose of GC 50.1.1, the classes of expenditure that may be
taken into account in determining the cost of labour, plant and
material are
50.2.1 payment to subcontractors;
50.2.2 wages, salaries and traveling expenses of employees of the
Contractor located at the work site and that portion of wages,
salaries, bonuses, living and traveling expenses of personnel
of the Contractor generally employed at the head office or at
a general office of the Contractor provided they are actually
and properly engaged on the work under the Contract;
50.2.3 assessments payable under any statutory authority relating to
workmen's compensation, employment insurance, pension plan or
holidays with pay, provincial health or insurance plans,
environmental reviews and Goods and Services Tax collection
costs;
50.2.4 rent that is paid or an amount equivalent to the said rent if
the plant is owned by the Contractor, that is necessary for
and used in the performance of the work, if the rent or the
equivalent amount is reasonable and use of that plant has
been approved by the Engineer;
50.2.5 payment for maintenance and operating the plant necessary for
and used in the performance of the work, and payments for
effecting such repairs thereto as, in the opinion of the
Engineer, are necessary to the proper performance of the
Contract other than payments for any repairs to the plant
arising out of defects existing before its allocation to the
work;
50.2.6 payment for material that is necessary for and incorporated
in the work, or that is necessary for and consumed in the
performance of the Contract;
50.2.7 payments for preparation, delivery, handling, erection,
installation, inspection, protection and removal of the plant
and material necessary for and used in the performance of the
Contract; and
50.2.8 any other payments made by the Contractor with the approval
of the Engineer that are necessary for the performance of the
Contract.
GC 51 (1994-01-10) Records to be Kept by Contractor
51.1 The contractor shall
51.1.1 maintain full records of the contractor's estimated and
actual cost of the work together with all tender calls,
quotations, contracts, correspondence, invoices, receipts and
vouchers relating thereto;
51.1.2 make all records and material referred to in GC 51.1.1
available to audit and inspection by the Minister and the
Deputy Receiver General for Canada or by persons acting on
behalf of either or both of them, when requested;
51.1.3 allow any of the persons referred to in GC 51.1.2 to make
copies of and to take extracts from any of the records and
material referred to in GC 51.1.1; and
51.1.4 furnish any person referred to in GC 51.1.2 with any
information that person may require from time to time in
connection with such records and material.
51.2 The records maintained by the contractor pursuant to GC 51.1.1 shall
be kept intact by the contractor until the expiration of two (2)
years after the date that a Final Certificate of Completion referred
to in GC 44.1 was issued or until the expiration of such other
period of time as the Minister may direct.
51.3 The contractor shall cause all subcontractors and all other persons
directly or indirectly controlled by or affiliated with the
contractor and all persons directly or indirectly having control of
the contractor to comply with GC 51.1 and GC 51.2 as if they were
the contractor.
GC 52 (2003-12-12) Conflict of Interest
It is a term of this contract that no individual, for whom the
post-employment provisions of the Conflict of Interest and Post-Employment
Code for Public Office Holders (1994) or the Values and Ethics Code for the
Public Service (2003) apply, shall derive a direct benefit from this
contract unless that individual is in compliance with the applicable
post-employment provisions.
GC 53 (1994-01-10) Contractor Status
53.1 The contractor shall be engaged under the contract as an independent
contractor.
53.2 The contractor and any employee of the said contractor is not
engaged by the contract as an employee, servant or agent of Her
Majesty.
53.3 For the purposes of GC 53.1 and GC 53.2, the contractor shall be
solely responsible for any and all payments and deductions required
to be made by law including those required for Canada or Québec
Pension Plans, Unemployment Insurance, Worker's Compensation or
Income Tax.
GC 54 (1996-01-01) Human Remains, Archaeological Remains and Items of
Historical or Scientific Interest
54.1 For the purposes of this clause
54.1.1 "human remains" means the whole or any part of a deceased
human being, irrespective of the time that has elapsed since
death,
54.1.2 "archaeological remains" are items, artifacts or things made,
modified or used by human beings in antiquity and may include,
but not be limited to stone, wood or iron structures or
monuments, dump deposits, bone artifacts, weapons, tools,
coins and pottery,
54.1.3 "items of historical or scientific interest" are naturally
occurring or manufactured objects or things of any age that
are not archaeological remains but may be of interest to
society because of their historical or scientific
significance, value, rarity, natural beauty or other quality.
54.2 If, during the course of the work, the contractor encounters any
object, item or thing which is described in GC 54.1, or which
resembles any object, item or thing described in GC 54.1, the
contractor shall
54.2.1 take all reasonable steps, including stopping work in the
affected area, to protect and preserve the object, item or
thing, and
54.2.2 immediately notify the Engineer of the circumstances in
writing, and
54.2.3 take all reasonable steps to minimize additional costs which
may accrue as a result of any work stoppage.
54.3 Upon receipt of a notification in accordance with GC 54.2.2, the
Engineer shall, in a timely manner, determine whether the object,
item or thing is one described in, or contemplated by, GC 54.1, and
shall notify the contractor in writing of any action to be performed,
or work to be carried out by, the contractor as a result of the
Engineer's determination.
54.4 The Engineer may, at any time, enlist the services of experts,
particularly an archaeologist or historian as appropriate, to assist
in the investigation, examination, taking of measurements or other
such recordings, placing of permanent protection around or removing
of the object, item or thing encountered by the contractor, and
monitoring in case of further discoveries, and the contractor shall,
to the satisfaction of the Engineer, allow them access and cooperate
with them in the carrying out of their duties and obligations.
54.5 Human remains, archaeological remains and items of historic or
scientific interest encountered at the site of the work shall remain
the property of Her Majesty.
54.6 Except as may be otherwise provided for in the contract, the
provisions of GC 30 shall apply.
GC 55 (1996-01-01) Contaminated Site Conditions
55.1 For the purposes of this clause, a contaminated site condition
exists when toxic, radioactive or other hazardous substances or
materials, or other pollutants, are found to be present at the site
of the work to the extent that they constitute a hazard, or
potential hazard, to the environment, property, or the health or
safety of any person.
55.2 If the contractor encounters a contaminated site condition, or has
reasonable grounds to believe that a contaminated site condition
exists at the site of the work, the contractor shall
55.2.1 take all reasonable steps, including stopping the work, to
ensure that no person suffers injury, sickness or death, and
that neither property nor the environment is injured or
destroyed as a result of the contaminated site conditions,
and
55.2.2 immediately notify the Engineer of the circumstances in
writing, and
55.2.3 take all reasonable steps to minimize additional costs which
may accrue as a result of any work stoppage.
55.3 Upon receipt of a notification in accordance with GC 55.2.2, the
Engineer shall, in a timely manner, determine whether a contaminated
site condition as described in, or contemplated by, GC 55.1, exists,
and shall notify the contractor in writing of any action to be taken,
or work to be performed, by the contractor as a result of the
Engineer's determination.
55.4 If the contractor's services are required by the Engineer, the
contractor shall follow the direction of the Engineer with regard to
any excavation, treatment and disposal of the contaminated
substances or materials.
55.5 The Engineer may at any time, and at the Engineer's sole discretion,
enlist the services of experts and specialty contractors to assist
in determining the existence of, and the extent and treatment of the
contaminated site conditions, and the contractor shall, to the
satisfaction of the Engineer, allow them access and cooperate with
them in the carrying out of their duties and obligations.
55.6 Except as may be otherwise provided for in the contract, the
provisions of GC 30 shall apply.
GC 56 (1996-01-01) Certification - Contingency Fees
56.1 The contractor certifies that it has not directly or indirectly paid
or agreed to pay and covenants that it will not directly or
indirectly pay or agree to pay a contingency fee for the
solicitation, negotiation or obtaining of this contract to any
person other than an employee acting in the normal course of the
employee's duties.
56.2 All accounts and records pertaining to payments of fees or other
compensation for the solicitation, obtaining or negotiation of the
contract shall be subject to the accounts and audit provisions of
the contract.
56.3 If the contractor certifies falsely under this section or is in
default of the obligations contained therein, the Minister may
either take the work out of the contractor's hands in accordance
with the provisions of the Contract or recover from the contractor
by way of reduction to the contract amount or otherwise the full
amount of the contingency fee.
56.4 In this section:
56.4.1 "contingency fee" means any payment or other compensation
that is contingent upon or is calculated upon the basis of a
degree of success in soliciting or obtaining a Government
contract or negotiating the whole or any part of its terms;
56.4.2 "employee" means a person with whom the contractor has an
employer/employee relationship;
56.4.3 "person" includes an individual or a group of individuals, a
corporation, a partnership, an organization and an
association and, without restricting the generality of the
foregoing, includes any individual who is required to file a
return with the registrar pursuant to section 5 of the
Lobbyist Registration Act, R.S. 1985 c.44 (4th Supplement) as
the same may be amended from time to time.
GC 57 (2004-05-14) Non-discrimination in Hiring and Employment of Labour
57.1 For the purpose of this clause and without restricting the
provisions of GC 1.1.7, "persons" include the Contractor, its
subcontractors, its sub-subcontractors and their respective
employees, agents, licensees or invitees, and any other individual
granted access to the site of the work.
57.2 Without restricting the provisions of GC 19.5,
57.2.1 the Contractor shall, within two (2) working days immediately
following receipt of a written complaint alleging a breach of
Section 9 of the Labour Conditions at the site of the work,
57.2.1.1 cause to have issued a written direction to the
person or persons named by the complainant to
cease all actions that form the basis of the
complaint; and
57.2.1.2 forward, by registered mail, two (2) copies of
the complaint, one to the Engineer and one to
Department of Human Resources and Skills
Development (HRSD), to the attention of the
appropriate Director as described in the Labour
Conditions;
57.2.2 the Contractor shall,
57.2.2.1 within twenty-four (24) hours immediately
following receipt of a direction from the
Engineer to do so, cause to have removed from
the site of the work any person or persons whom
the Engineer believes is in breach of Section 9
of the Labour Conditions; and
57.2.2.2 no later than thirty (30) days after receipt of
the direction, cause to have the necessary
action commenced to remedy the breach described
in the direction;
57.2.3 if a direction is issued pursuant to GC 57.2.2, Her Majesty
may withhold from monies that are due and payable to the
Contractor or set-off pursuant to TP 7, whichever is
applicable, an amount representing the sum of the costs and
payment referred to in GC 57.2.4 and GC 57.2.5 respectively;
57.2.4 if the Contractor fails to proceed in accordance with GC 57.2.2.2,
the Engineer shall take the necessary action to:
57.2.4.1 have the breach remedied; and
57.2.4.2 determine all supplementary costs incurred by
Her Majesty;
57.2.5 Her Majesty may make a payment directly to the complainant
from monies that are due and payable to the Contractor upon
receipt from the complainant of:
57.2.5.1 a written award issued pursuant to the federal
Commercial Arbitration Act, R.S., 1985, c. C-34.6;
or
57.2.5.2 a written award issued pursuant to the Canadian
Human Rights Act, RS., 1985, c. H-6; or
57.2.5.3 a written award issued pursuant to provincial
or territorial human rights legislation; or
57.2.5.4 a judgment issued by a court of competent
jurisdiction.
57.2.6 If the Engineer is of the opinion that the Contractor has
breached any of the provisions of GC 57, the Minister may
take the work out of the Contractor's hands pursuant to GC 38.
57.2.7 the Contractor shall ensure that the provisions of this
General Condition are included in all contracts issued as a
consequence of this work.
2004-05-14SupersededR0202DARCHIVED General Conditions "C"
2003-12-12SupersededR0202DARCHIVED General Conditions "C"
2000-12-01SupersededR0202DARCHIVED General Conditions "C"
2000-05-12SupersededR0202DARCHIVED General Conditions "C"
1998-11-23SupersededR0202DARCHIVED General Conditions "C"
1998-02-16SupersededR0202DARCHIVED General Conditions "C"
R0203D
Effective Date
Item Status
ID
Title
2004-05-14SupersededR0203DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
01 Interpretation
02 General Fair Wage Clause
03 Hours of Work
04 Labour Conditions to be Posted
05 The Contractor to Keep Records which are to be Kept Open for
Inspection
06 Departmental Requirements before Payment made to Contractor
07 Authority to pay Wages in the Event of Default by the Contractor
08 Conditions of Subcontracting
09 Non-discrimination in Hiring and Employment of Labour
01 (14/05/040) Interpretation
1. In these Conditions
"Act" means the Fair Wages and Hours of Labour Act;
"Regulations" means the Fair Wages and Hours of Labour Regulations
made pursuant to the Act;
"Contract" means the contract of which these Labour Conditions are
part;
"Contracting Authority" means the department of Government or a
crown corporation with whom the contract is made;
"Contractor" means the person who has entered into the contract with
the contracting authority;
"Regional Director" means the director of a regional office of the
Department of Human Resources and Skills Development or the
director's designated representative;
"Inspector" has the meaning assigned to the term by Part III of the
Canada Labour Code.
"Minister" means the Minister of Labour of Canada;
"persons" means those workers employed by the contractor,
subcontractor or any other person doing or contracting to do the
whole or any part of the work contemplated by the contract;
02 (14/05/04) General Fair Wage Clause
1. All persons in the employ of the Contractor, subcontractor, or any
other person doing or contracting to do the whole or any part of the
work contemplated by the Contract, shall during the continuance of
the work:
(a) be paid fair wages that is, such wages as are generally
accepted as current for competent workers in the district in
which the work is being performed for the character or class
of work in which such workers are respectively engaged; and
(b) in all cases, be paid no less than the minimum hourly rate of
pay established by the Labour Program of the Department of
Human Resources and Skills Development in the Fair Wage
Schedules which form a part of this Contract as Appendix A to
these Labour Conditions; and
(c) for contracts covering work performed in the province of
Quebec, be paid at least the wage rates established by that
province for the purposes of the Quebec "Construction Decree".
2. Where there is no wage rate in the schedules referred to in
paragraph 1 for a particular character or class of work, the
Contractor shall pay wages for that character or class of work at a
rate not less than the rate for an equivalent character or class of
work.
3. Where during the term of the Contract, the Contractor receives
notice from the Contracting Authority of any change in wage rates,
the Contractor shall pay not less than the changed wage rate
beginning on the first day after receipt, by the Contractor, of the
notice of the change in wage rates.
03 (01/12/00) Hours of Work
1. The hours of work in a day and in a week of persons employed in the
execution of the Contract, including the hours of work in excess of
which a person shall be paid overtime at a rate at least equal to
one and one half times the fair wage, are the hours of work for the
province in which the work is being performed as set out from time
to time in an Act of that province.
2. The daily or weekly hours of work referred to in paragraph 1 may be
exceeded in accordance with the applicable provincial law.
04 (01/12/00) Labour Conditions to be Posted
For the information and the protection of all persons, the Contractor
agrees to post and keep posted, in a conspicuous place on the premises
where work contemplated by the Contract is being carried out or on premises
occupied or used by persons engaged in carrying out such work, a copy of
these Labour Conditions, and a copy of the applicable Fair Wages Schedules
along with any subsequent changes.
05 (01/12/00) The Contractor to Keep Records which are to be Kept
Open for Inspection
1. The Contractor agrees to keep books and records showing the names,
addresses, classifications of employment and work of all workers
employed under the Contract, the rate of wages to be paid, the wages
paid and the daily hours worked by the workers.
2. The Contractor also agrees that the Contractor's books, records and
premises will be open at all reasonable times for inspection by an
Inspector.
3. The Contractor also agrees to furnish the Inspector and the
Contracting Authority, on request, with such further information as
is required to ascertain that the requirements of the Act, the
Regulations and the Contract with respect to wages, hours of work
and other labour conditions have been complied with.
06 (01/12/00) Departmental Requirements before Payment made to
Contractor
1. The Contractor agrees that the Contractor will not be entitled to
payment of any money otherwise payable under the Contract until the
Contractor has filed with the Contracting Authority in support of a
claim for payment a sworn statement:
(a) that the Contractor has kept the books and records required
by these Regulations,
(b) that there are no wages in arrears in respect of work
performed under the Contract, and
(c) that to the Contractor's knowledge, all the conditions in the
Contract required by the Act and the Regulations have been
complied with.
2. The Contractor also agrees that, where fair wages have not been paid
by the Contractor to persons employed under the Contract, the
Contracting Authority shall withhold from any money otherwise
payable under the Contract to the Contractor the amount necessary to
ensure that fair wages are paid to all employees until fair wages
are paid.
07 (01/12/00) Authority to pay Wages in the Event of Default by the
Contractor
1. The Contractor agrees that where the Contractor is in default of
payment of fair wages to an employee, the Contractor will pay the
Minister the amount the Contractor is in default.
2. The Contractor agrees that where the Contractor fails to comply with
paragraph 1, the Contracting Authority will pay to the Receiver
General, out of any money otherwise payable to the Contractor, the
amount for which the Contractor is in default.
08 (01/12/00) Conditions of Subcontracting
The Contractor and the subcontractor agree that in subcontracting any part
of the work contemplated by the Contract, they will place in the
subcontract the conditions respecting fair wages, hours of work and other
labour conditions set out in the Contract and the requirements set out in
Section 4. The Contractor further agrees that the Contractor will be
responsible for carrying out these conditions in the event the
subcontractor fails to carry them out.
09 (01/12/00) Non-discrimination in Hiring and Employment of Labour
1. The Contractor agrees that in the hiring and employment of workers
to perform any work under the Contract, the Contractor will not
refuse to employ and will not discriminate in any manner against any
person because
(a) of that person's race, national or ethnic origin, colour,
religion, age, sex, sexual orientation, marital status,
disability, conviction for which a pardon has been granted,
or family status;
(b) of the race, national or ethnic origin, colour, religion, age,
sex, sexual orientation, marital status, disability,
conviction for which a pardon has been granted, or family
status of any person having a relationship or association
with that person, or
(c) a complaint has been made or information has been given in
respect of that person relating to an alleged failure by the
Contractor to comply with subparagraph (a) or (b).
2003-12-12SupersededR0203DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
2000-12-01SupersededR0203DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
1998-02-16SupersededR0203DARCHIVED Labour Conditions "D"
R0204D
Effective Date
Item Status
ID
Title
2005-12-16SupersededR0204DARCHIVED Insurance Conditions "E"
Remarks – Recommended Use of SACC Item
Legal text for SACC item
General Conditions
IC 1 Proof of Insurance
IC 2 Risk Management
IC 3 Payment of Deductible
IC 4 Representation and Warranty
Part I - General Insurance Coverages
GIC 1 Insured
GIC 2 Period of Insurance
Part II - Commercial General Liability
CGL 1 Scope of Policy
CGL 2 Coverages/Provisions
CGL 3 Additional Exposures
CGL 4 Insurance Proceeds
CGL 5 Deductible
Part III - Builder's Risk - Installation Floater - All Risks
BR 1 Scope of Policy
BR 2 Property Insured
BR 3 Insurance Proceeds
BR 4 Amount of Insurance
BR 5 Deductible
BR 6 Subrogation
BR 7 Exclusion Qualifications
General Conditions
IC 1 (2005-12-16) Proof of Insurance
Within thirty (30) days after acceptance of the Contractor's tender, the
Contractor shall, unless otherwise directed in writing by the Contracting
Officer, deposit with the Contracting Officer an Insurer's Certificate of
Insurance (form PWGSC-TPSGC 357), available on the following Public Works
and Government Services Canada's Website: http://www.pwgsc.gc.ca/
acquisitions/text/forms/forms-e.html and, if requested by the Contracting
Officer, the originals or certified true copies of all contracts of
insurance maintained by the Contractor pursuant to the Insurance Coverage
Requirements shown hereunder.
IC 2 (1994-10-01) Risk Management
The provisions of the Insurance Coverage Requirements contained hereunder
are not intended to cover all of the Contractor's obligations under GC8 of
the General Conditions "C" of the contract. Any additional risk management
measures or additional insurance coverages the Contractor may deem
necessary to fulfill its obligations under GC8 shall be at its own
discretion and expense.
IC 3 (1994-10-01) Payment of Deductible
The payment of monies up to the deductible amount made in satisfaction of a
claim shall be borne by the Contractor.
IC 4 (2005-06-10) Representation and Warranty
The Contractor has represented that it has in place and effect the
appropriate liability insurance coverage as required by these Insurance
Conditions and the Contractor has verified and warrants that it shall
obtain, in a timely manner and in any event prior to commencement of the
Work, the appropriate property insurance coverage as required by these
Insurance Conditions and, further, that it shall maintain all required
insurance policies in place and effect as required by these Insurance
Conditions.
Insurance Coverage Requirements
Part I
General Insurance Coverages (GIC)
GIC 1 (2004-12-10) Insured
Each insurance policy shall insure the Contractor, and shall include, as an
Additional Insured, Her Majesty the Queen in right of Canada, represented
by the Minister of Public Works and Government Services.
GIC 2 (2005-06-10) Period of Insurance
Unless otherwise directed in writing by the Contracting Officer or
otherwise stipulated elsewhere in these Insurance Conditions, the liability
insurance required hereunder shall be in force and be maintained from the
date of contract award until the day of issue of the Engineer's Final
Certificate of Completion. The property insurance required hereunder shall
be in force prior to commencement of the Work and be maintained until the
issue of the Engineer's Final Certificate of Completion.
Part II
Commercial General Liability
CGL 1 (1994-10-01) Scope of Policy
The policy shall be written on a form similar to that known and referred to
in the insurance industry as IBC 2100 - Commercial General Liability policy
(Occurrence form) and shall provide for limit of liability of not less than $2,000,000
inclusive for Bodily Injury and Property Damage for any one occurrence or
series of occurrences arising out of one cause. Legal or defence costs
incurred in respect of a claim or claims shall not operate to decrease the
limit of liability.
CGL 2 (1994-10-01) Coverages/Provisions
The policy shall include but not necessarily be limited to the following
coverages/provisions.
1. Liability arising out of or resulting from the ownership, existence,
maintenance or use of premises by the Contractor and operations
necessary or incidental to the performance of this contract.
2. "Broad Form" Property Damage including the loss of use of property.
3. Removal or weakening of support of any building or land whether such
support be natural or otherwise.
4. Elevator liability (including escalators, hoists and similar devices).
5. Contractor's Protective Liability
6. Contractual and Assumed Liabilities under this contract.
7. Completed Operations Liability - The insurance, including all
aspects of this Part II of these Insurance Conditions shall continue
for a period of at least one (1) year beyond the date of the
Engineer's Final Certificate of Completion for the Completed
Operations.
8. Cross Liability - The Clause shall be written as follows:
"Cross Liability - The insurance as is afforded by this policy shall
apply in respect to any claim or action brought against any one
Insured by any other Insured. The coverage shall apply in the same
manner and to the same extent as though a separate policy had been
issued to each Insured. The inclusion herein of more than one
Insured shall not increase the limit of the Insurer's liability."
9. Severability of Interests - The Clause shall be written as follows:
"Severability of Interests - This policy, subject to the limits of
liability stated herein, shall apply separately to each Insured in
the same manner and to the same extent as if a separate policy had
been issued to each. The inclusion herein of more than one insured
shall not increase the limit of the Insurer's liability."
CGL 3 (2004-12-10) Additional Exposures
The policy shall either include or be endorsed to include the following
exposures or hazards if the Work is subject thereto:
1. Blasting
2. Pile driving and caisson work
3. Underpinning
4. Risks associated with the activities of the Contractor on an active
airport
5. Radioactive contamination resulting from the use of commercial
isotopes
6. Damage to the portion of an existing building beyond that directly
associated with an addition, renovation or installation contract.
7. Marine risks associated with the construction of piers, wharves and
docks.
CGL 4 (2005-06-10) Insurance Proceeds
Insurance Proceeds from this policy are payable directly to a Claimant.
CGL 5 (2002-12-13) Deductible
The policy shall be issued with a deductible amount of not more than $10,000
per occurrence applying to Property Damage claims only.
Part III
Builder's Risk - Installation Floater- All Risks
BR 1 (1994-10-01) Scope of Policy
The policy shall be written on an "All Risks" basis granting coverages
similar to those provided by the forms known and referred to in the
insurance industry as "Builder's Risk Comprehensive Form" or "Installation
Floater - All Risks".
BR 2 (1994-10-01) Property Insured
The property insured shall include:
1. The Work and all property, equipment and materials intended to
become part of the finished Work at the site of the project while
awaiting, during and after installation, erection or construction
including testing.
2. Expenses incurred in the removal from the construction site of
debris of the property insured, including demolition of damaged
property, de-icing and dewatering, occasioned by loss, destruction
or damage to such property and in respect of which insurance is
provided by this policy.
BR 3 (2005-06-10) Insurance Proceeds
1. Insurance proceeds from this policy are payable in accordance with
GC28 of the General Conditions "C" of the contract.
2. The policy shall provide that the proceeds thereof are payable to
Her Majesty or as the Minister may direct
3. The Contractor shall without delay do such things and execute such
documents as are necessary to effect payment of the proceeds.
BR 4 (1994-10-01) Amount of Insurance
The amount of insurance shall not be less than the sum of the contract
value plus the declared value (if any) set forth in the contract documents
of all material and equipment supplied by Her Majesty at the site of the
project to be incorporated into and form part of the finished Work.
BR 5 (2002-12-13) Deductible
The policy shall be issued with a deductible amount of not more than $10,000.
BR 6 (1994-10-01) Subrogation
The following Clause shall be included in the policy:
"All rights of subrogation or transfer of rights are hereby waived against
any corporation, firm, individual or other interest, with respect to which,
insurance is provided by this policy".
BR 7 (1994-10-01) Exclusion Qualifications
The policy may be subject to the standard exclusions but the following
qualifications shall apply:
1. Faulty materials, workmanship or design may be excluded only to the
extent of the cost of making good thereof and shall not apply to
loss or damage resulting therefrom.
2. Loss or damage caused by contamination by radioactive material may
be excluded except for loss or damage resulting from commercial
isotopes used for industrial measurement, inspection, quality
control radiographic or photographic use.
3. Use and occupancy of the project or any part or section thereof
shall be permitted where such use and occupancy is for the purposes
for which the project is intended upon completion.
2005-06-10SupersededR0204DARCHIVED Insurance Conditions "E"
2004-12-10SupersededR0204DARCHIVED Insurance Conditions "E"
2003-12-12SupersededR0204DARCHIVED Insurance Conditions "E"
2003-05-30SupersededR0204DARCHIVED Insurance Conditions "E"
2002-12-13SupersededR0204DARCHIVED Insurance Conditions "E"
1998-02-16SupersededR0204DARCHIVED Insurance Conditions "E"
R0205D
Effective Date
Item Status
ID
Title
2005-12-16SupersededR0205DARCHIVED Contract Security Conditions "F"
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
CS1 Obligation to Provide Contract Security
CS2 Prescribed Types and Amounts of Contract Security
CS1 (2005-12-16) Obligation to Provide Contract Security
1. The Contractor shall, at the Contractor's own expense, provide one
or more of the forms of contract security prescribed in CS2.
2. The Contractor shall deliver to the Contracting Officer the contract
security referred to in CS1.1 within fourteen (14) days after the
date that the Contractor receives notice that the Contractor's
tender or offer was accepted by Her Majesty.
CS2 (2005-12-16) Prescribed Types and Amounts of Contract Security
1. The Contractor shall deliver to the Engineer pursuant to CS1
(a) a performance bond and a labour and material payment bond
each in an amount that is equal to not less than 50% of the
contract amount referred to in the Articles of Agreement, or
(b) a labour and material payment bond in an amount that is equal
to not less than 50% of the contract amount referred to in
the Articles of Agreement, and a security deposit in an
amount that is equal to
(i) not less than 10% of the contract amount referred to
in the Articles of Agreement where that amount does
not exceed $250,000, or
(ii) $25,000 plus 5% of the part of the contract amount
referred to in the Articles of Agreement that exceeds $250,000,
or
(c) a security deposit in an amount prescribed by CS2.1(b) plus
an additional amount that is equal to 10% of the contract
amount referred to in the Articles of Agreement.
2. A performance bond and a labour and material payment bond referred
to in CS2.1 shall be in a form and be issued by a bonding or surety
company that is approved by Her Majesty as identified on the
following Web sites: http://www.pwgsc.gc.ca/acquisitions/text/sm/
chapter07-e.html#annex7.2 and http://www.pwgsc.gc.ca/acquisitions/
text/sm/chapter07-e.html#annex7.3 (annexes 7.2 and 7.3 respectively)
and http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/Contracting/
contractingpol_l_e.html (Acceptable Bonding Companies).
3. The amount of a security deposit referred to in CS2.1(b) shall not
exceed $250,000 regardless of the contract amount referred to in the
Articles of Agreement.
4. A security deposit referred to in CS2.1(b) and CS2.1(c) shall be in
the form of
(a) a bill of exchange, bank draft or money order made payable
to the Receiver General for Canada and certified by an
approved financial institution or drawn by an approved
financial institution on itself, or
(b) bonds of or unconditionally guaranteed as to principal and
interest by the Government of Canada, or
(c) an irrevocable standby letter of Credit.
5. For the purposes of CS2.4
(a) a bill of exchange is an unconditional order in writing
signed by the Contractor and addressed to an approved
financial institution, requiring the said institution to pay,
on demand, at a fixed or determinable future time a sum
certain of money to, or to the order of, the Receiver General
for Canada.
(b) if a bill of exchange, bank draft or money order is certified
by a financial institution other than a chartered bank then
it must be accompanied by a letter or stamped certification
confirming that the financial institution is in at least one
of the categories referred to in CS2.5(c).
(c) an approved financial institution is
(i) a corporation or institution that is a member of the
Canadian Payments Association,
(ii) a corporation that accepts deposits that are insured,
to the maximum permitted by law, by the Canadian
Deposit Insurance Corporation or the "Régie de
l'assurance-dépôts du Québec",
(iii) a corporation that accepts deposits from the public
and repayment of the deposits is guaranteed by Her
Majesty in right of a province,
(iv) a corporation, association or federation incorporated
or organized as a credit union or cooperative credit
society that conforms to the requirements of a credit
union which are more particularly described in
paragraph 137(6)(b) of the Income Tax Act,
(v) Canada Post Corporation.
(d) The bonds referred to in CS2.4(b) shall be
(i) made payable to bearer, or
(ii) accompanied by a duly executed instrument of transfer
of the bonds to the Receiver General for Canada in the
form prescribed by the Domestic Bonds of Canada
Regulations, or
(iii) registered, as to principal or as to principal and
interest in the name of the Receiver General for
Canada pursuant to the Domestic Bonds of Canada
Regulations, and
(iv) provided on the basis of their market value current at
the date of the Contract.
(e) The irrevocable standby letter of Credit referred to in
CS2.4(c) shall be
(i) an arrangement, however named or described, whereby a
financial institution (the "Issuer"), acting at the
request and on the instructions of a customer (the "
Applicant"), or on its own behalf, is to make a
payment to or to the order of Canada, as the
beneficiary, or is to accept and pay bills of exchange
drawn by Canada, or authorizes another financial
institution to effect such payment, or accept and pay
such bills of exchange, or authorizes another
financial institution to negotiate, against written
demand(s) for payment provided that the terms and
conditions of the letter of credit are complied with;
(ii) states the face amount which may be drawn against it;
(iii) states its expiry date;
(iv) provides for sight payment to the Receiver General for
Canada by way of the financial institutions' draft
against presentation of a written demand for payment
signed by the authorized departmental representative
identified in the letter of credit by his/her office;
(v) provides that more than one written demand for payment
may be presented subject to the sum of those demands
not exceeding the face amount of the Letter of Credit;
(vi) provides that it is subject to the International
Chamber of Commerce (ICC) Uniform Customs and Practice
for Documentary Credits, 1993 Revision, ICC
Publication No. 500;
(vii) clearly specifies that it is irrevocable or deemed to
be irrevocable pursuant to article 6c) of the
International Chamber of Commerce (ICC) Uniform
Customs and Practice for Documentary Credits, 1993
Revision, ICC Publication No. 500; and
(viii) is issued or confirmed, in either official language,
by a financial institution which is a member of the
Canadian Payments Association and is on the letterhead
of the Issuer or Confirmer. The format is left to the
discretion of the Issuer or Confirmer.
2004-05-14SupersededR0205DARCHIVED Contract Security Conditions "F"
2003-12-12SupersededR0205DARCHIVED Contract Security Conditions "F"
2003-05-30SupersededR0205DARCHIVED Contract Security Conditions "F"
2002-12-13SupersededR0205DARCHIVED Contract Security Conditions "F"
2000-05-12SupersededR0205DARCHIVED Contract Security Conditions "F"
1998-02-16SupersededR0205DARCHIVED Contract Security Conditions "F"
R0206D
Effective Date
Item Status
ID
Title
2004-12-10SupersededR0206DARCHIVED Submission of Quotation for Contemplated Change Notices
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
01 Submission of Quotation for Contemplated Change Notices
02 General
03 Hourly Labour Rates
04 Material, Plant and Equipment Costs
05 Allowance to the Contractor or Subcontractor on Work by Own Forces
06 Allowance to Contractor on Work Performed by Its Subcontractors
01 (2004-12-10) Submission of Quotation for Contemplated Change
Notices
If the Engineer determines that the cost of the work will be affected due
to a contemplated change, the Contractor shall submit a quotation to the
Engineer in accordance with the instructions specified herein.
02 (2004-12-10) General
1. Quotations for Contemplated Change Notices must include a detailed
breakdown of all labour, material, plant and equipment costs
incurred by the Contractor. Quotations from subcontractors involved
in the change must also be supported by similarly detailed
breakdowns of the subcontractors' costs.
2. It is the responsibility of the Contractor to ensure that all
subcontractors' quotations included in the Contractor's quotation to
the Engineer are fair and reasonable in view of the terms expressed
herein.
3. The labour hours required for the contemplated change shall be based
on the estimated number of hours to perform the work.
4. Time spent by a working foreman may be included in the number of
labour hours, at a rate agreed to in writing by the Contractor and
the Engineer.
5. Time attributable to material handling, productivity factors and
approved rest periods is to be included in the number of hours
required by the contemplated change and will not be paid as a
separate item under hourly rates.
6. Markups referred to in sections 5 and 6 below are not to be included
in the hourly labour rates.
7. Credit for work deleted will only be for the work directly
associated with the changes stipulated in the particular
Contemplated Change Notice.
8. When a change deletes work which has not yet been performed, the
Engineer is entitled to an adjustment in the Contract Amount equal
to the cost the contractor would have incurred had the work not been
deleted.
9. Markups referred to in Sections 5 and 6 below shall not be applied
to any credit amounts for deleted work.
10. In those cases where the change involves additions and deletions to
the work, the percentage markups referred to in sections 5 and 6
below shall apply only when the cost of the additions minus the cost
of the deletions would result in an increase in the Contract Amount.
The percentage allowance shall only be applied to that portion of
the costs of the additions that is in excess of the cost of the
deletions.
11. If the contemplated change in the work necessitates a change in the
contract completion date, or has an impact on the work, the
Contractor shall identify and include the resulting cost in the
breakdown of its quotation to the Engineer.
12. The work shall conform to the contract documents unless otherwise
stated in the Contemplated Change Notice, Change Order or Site
Instruction signed by the Engineer.
13. Upon acceptance of the Contractor's quotation by the Engineer, the
Engineer shall prepare and issue the formal Change Order.
03 (2004-12-10) Hourly Labour Rates
1. The hourly labour rates listed in the Contractor's quotation shall
be determined in accordance with the collective agreements that are
applicable at the site of the work and shall include
(a) the base rate of pay;
(b) vacation pay;
(c) benefits which includes
(i) welfare contributions;
(ii) pension contributions;
(iii) union dues;
(iv) training and industry funds contributions; and
(v) other applicable benefits, if any, that can be
substantiated by the Contractor.
(d) statutory and legislated requirements, assessed and payable
under statutory authority, which includes
(i) Employment Insurance contributions;
(ii) Canada Pension Plan or Quebec Pension Plan
contributions;
(iii) Worker's Compensation Board or Commission de la santé
et de la sécurité du travail premiums;
(iv) Public Liability and Property Damage insurance
premiums; and
(v) health tax premiums.
2. In the case of nonunion labour, all rates claimed shall be in
accordance with the terms of the Labour Conditions forming part of
this contract and the Contractor must provide satisfactory proof of
the rates actually paid.
04 (2004-12-10) Material, Plant and Equipment Costs
The costs of all purchases and rentals must be based on the actual amount
paid to the suppliers by the Contractor or subcontractor and said costs are
to include all applicable discounts.
05 (2004-12-10) Allowance to the Contractor or Subcontractor on Work
by Own Forces
A markup, equal to 20 percent of the cost of all labour, material, plant
and equipment furnished or supplied by the Contractor or subcontractor that
is required by the contemplated change, shall be added to the Contractor's
or subcontractor's quotation as full compensation for all:
(a) all supervision, coordination, administration, overhead, margin and
the risk of undertaking the work within the stipulated amount, and
(b) miscellaneous additional costs related to
(i) the purchase or rental of material, plant and equipment;
(ii) the purchase of small tools and supplies;
(iii) safety and protection measures; and
(iv) permits, bonds, insurance, engineering, as built drawings,
commissioning and site office.
06 (2004-12-10) Allowance to Contractor on Work Performed by Its
Subcontractors
A markup, equal to 15 percent of the total of all quotations received from
subcontractors, shall be added to the Contractor's quotation as full
compensation for:
(a) all supervision, coordination, administration, overhead, margin and
the risk of undertaking the work within the stipulated amount; and
(b) miscellaneous costs related to
(i) safety and protection measures; and
(ii) permits, bonds, insurance, engineering, as built drawings,
commissioning and site office.
2004-05-14SupersededR0206DARCHIVED Submission of Quotation for Contemplated Change Notices
2003-12-12SupersededR0206DARCHIVED Submission of Quotation for Contemplated Change Notices
2003-05-30SupersededR0206DARCHIVED Submission of Quotation for Contemplated Change Notices
2002-12-13SupersededR0206DARCHIVED Submission of Quotation for Contemplated Change Notices
R0207D
Effective Date
Item Status
ID
Title
2002-12-13CancelledR0207DARCHIVED Dispute Resolution - Conditions "G"
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
DR 01 Interpretation
DR 02 Consultation and Co-operation
DR 03 Authority of Engineer
DR 04 Negotiation
DR 05 Mediation
DR 06 Binding Arbitration
DR 07 Disputes Not Subject to Arbitration
DR 08 Confidentiality
DR 09 Settlement
DR 01 (13/12/02) Interpretation
1.1 In these Dispute Resolution Conditions and in the Rules attached
hereto, "arbitral question of law" means a question of law that:
1.1.1 is capable of determination by arbitration under the laws of
Canada, and
1.1.2 does not involve interpretation or application of public law
of Canada, including without limitation any matter of
constitutional, administrative, criminal or tax law, and
1.1.3 concerns:
1.1.3.1 the formation, validity, interpretation,
application or enforce ability of the contract;
1.1.3.2 the performance, breach, termination or other
discharge of the contract;
1.1.3.3 the rights, duties, obligations or remedies of
parties created by or pursuant to the contract; or
1.1.3.4 any other issue of private law that may arise
between parties relative to performance of the
contract;
"dispute" means any disagreement regarding any issue identified by
the Contractor in the notice submitted to the Engineer in accordance
with DR 3.2, and includes any claim by the Contractor arising from
such disagreement and any counterclaim by Her Majesty, but does not
include any claim by either party for punitive or exemplary damages,
injury to persons, death, or any claim based on an allegation of
libel or slander;
"working day" means a day other than a Saturday, Sunday, or a
holiday which is observed by the construction industry in the area
of the place of the work.
1.2 The alternative dispute resolution procedures set out in these
Dispute Resolution Conditions do not apply to any claim by Her
Majesty against the Contractor except any counterclaim in a dispute
as defined in this DR 01 Interpretation, including, but not limited
to, any claim of set off regarding any amount due to Her Majesty
under GC37 of the General Conditions.
DR 02 (13/12/02) Consultation and Co-operation
2.1 The parties agree to maintain open and honest communication
throughout the performance of the contract.
2.2 The parties agree to consult and cooperate with each other in the
furtherance of the work and the resolution of problems or
differences which may arise.
DR 03 (13/12/02) Authority of Engineer
3.1 Any difference between the parties to the contract of any nature
arising out of or in connection with the contract which could result
in a claim by the Contractor against Her Majesty, and which is not
settled by consultation and cooperation as envisaged in DR 02
Consultation and Co-
operation, shall be resolved in the first instance by the Engineer, whose
written decision or direction shall be final and binding subject only to
the provisions of these Dispute Resolution Conditions "G." Such written
decision or direction includes, but is not limited to, any written decision
or direction by the Engineer under any provision of the General Conditions.
3.2 The Contractor shall be deemed to have accepted the decision or
direction of the Engineer referred to in DR 3.1 and to have
expressly waived and released Her Majesty from any claim in respect
of the particular matter dealt within that decision or direction
unless, within fifteen (15) working days after receipt of the
decision or direction, the Contractor submits to the Engineer a
written notice of dispute requesting formal negotiation under DR 04
Negotiation. Such notice shall refer specifically to DR 04
Negotiation and shall specify the issues in contention and the
relevant provisions of the contract.
3.3 The giving of a written notice in accordance with DR 3.2 shall not
relieve the Contractor from complying with the decision or direction
that is the subject of the dispute. Such compliance, however, shall
not be construed as an admission by the Contractor of the
correctness of such decision or direction.
3.4 If a dispute is not resolved promptly, the Engineer shall give such
instructions as, in the Engineer's opinion, are necessary for the
proper performance of the work and to prevent delays pending a
resolution of the matter. Unless the Minister terminates the
contract, orders the Contractor to suspend the work, or takes the
work out of the hands of the Contractor, the Contractor shall
continue to perform the work in accordance with the provisions and
requirements of the contract and the instructions of the Engineer.
Such performance shall not prejudice any claim that the Contractor
may have.
3.5 Nothing in these Dispute Resolution Conditions relieves the
Contractor from its obligation to provide any other notice required
by the Contract within the time specified in the Contract, including,
but not limited to, any notice required under GC35 of the General
Conditions.
DR 04 (13/12/02) Negotiation
4.1 Within ten (10) working days after receipt by the Engineer of a
notice referred to in DR 3.2, or within such other period of time as
may be mutually agreed to, the parties shall commence formal
negotiations in order to resolve the dispute. Negotiations shall
occur initially between representatives of the Contractor and Her
Majesty who play a direct supervisory role in the performance or
management of the contract.
4.2 If the representatives referred to in DR 4.1 are unable to resolve
some or all of the issues which are the subject of the negotiations
within ten (10) working days, the parties shall refer the remaining
issues which are in dispute to a second level of negotiation between
a principal or principals of the Contractor and a senior level
manager or senior level managers representing Her Majesty.
4.3 If negotiations fail to resolve the dispute within thirty (30)
working days from the date of delivery of the notice referred to in
DR 3.2, or within such longer period as may have been agreed to by
the parties, the Contractor may, by giving written notice to the
Engineer, in accordance with GC11 of the General Conditions, within
ten (10) working days from the end of such period, request that
mediation be undertaken to assist the parties to reach agreement on
the outstanding issues.
4.4 If the Contractor does not request mediation within the period
permitted by DR 4.3, the Contractor shall be deemed to have accepted
the decision or direction of the Engineer under DR 3.1 and to have
expressly waived and released Her Majesty from any claim in respect
of the particular matter dealt within that decision or direction.
DR 05 (13/12/02) Mediation
5.1 If the Contractor has requested mediation in accordance with DR 4.3,
mediation shall be conducted in accordance with the current issue of
the Public Works and Government Services Canada rules for mediation
of construction contract disputes attached hereto as Dispute
Resolution Rules for Mediation (Construction Contract).
5.2 If a Project Mediator has not previously been appointed for the
purposes of the contract, a Project Mediator shall be appointed in
accordance with Dispute Resolution Rules for Mediation forthwith
after delivery of a notice in accordance with DR 4.3 requesting
mediation.
5.3 If the dispute has not been resolved within
5.3.1 ten (10) working days following the appointment of a Project
Mediator in accordance with DR 5.2, if a Project Mediator was
not previously appointed, or
5.3.2 ten (10) working days following receipt by the Engineer of a
written notice in accordance with DR 4.3, if a Project
Mediator was previously appointed, or
5.3.3 such other longer period as may have been agreed to by the
parties,
the Project Mediator shall terminate the mediation by giving written
notice to the parties stating the effective date of termination.
DR 06 (13/12/02) Binding Arbitration
6.1 If mediation of the dispute is terminated pursuant to the provisions
of DR 05 Mediation, and
6.1.1 the termination of mediation occurs prior to the applicable
date set out in DR 6.4, and
6.1.2 the disputed issues involve issues of fact or issues of
arbitral questions of law or issues of mixed fact and
arbitral questions of law,
either party, by giving notice in writing to the other party in
accordance with GC11of the General Conditions, may require that the
dispute be resolved by binding arbitration pursuant to this DR 06
Binding Arbitration.
6.2 A notice referred to in DR 6.1 shall be given within ten (10)
working days of the date of termination of mediation under DR 05
Mediation. If delivered personally, a notice to the Contractor
shall be delivered to the Contractor if the Contractor is doing
business as a sole proprietor or, if the Contractor is a partnership
or corporation, to an officer thereof.
6.3 If no notice is given within the period set out in DR 6.2, or if the
conditions set out in DR 6.1.1 and DR 6.1.2 are not met, the
arbitration provisions set out in this DR 06 Binding Arbitration do
not apply to the dispute.
6.4 Unless otherwise agreed, the arbitration of the dispute shall be
held in abeyance until the earlier of
6.4.1 the date of issuance of an Interim Certificate of Completion
under GC44.2 of the General Conditions,
6.4.2 the date the work is taken out of the Contractor's hands,
6.4.3 the date of termination of the contract,
and consolidated with all other such disputes into a single
arbitration.
6.5 Arbitral proceedings under this DR 06 Binding Arbitration shall be
governed by and conducted in accordance with the Commercial
Arbitration Act, R.S.C. 1985, c.17 (2nd Supp.) and the provisions of
the Public Works and Government Services Canada rules for
arbitration of construction contract disputes attached hereto as
Dispute Resolution Rules for Arbitration (Construction Contract).
6.6 For the purposes of calculating time under the Rules for Arbitration
referred toinDR6.5, arbitration proceedings shall commence on the
applicable date set out in DR 6.4.
6.7 Notwithstanding anything else contained in this DR 06 Binding
Arbitration, the arbitration provisions in this DR 6 do not apply if
the aggregate amount of all claims by the Contractor required to be
arbitrated on the applicable date set out in DR 6.4 is less than $25,000.
DR 07 (13/12/02) Disputes Not Subject to Arbitration
7.1 Where the arbitration provisions in DR 06 Binding Arbitration do not
apply to a dispute as a result of DR 6.3 or DR 6.7, either party may
take such court action or proceedings as it considers appropriate,
including, without limiting the foregoing, all suits that would
other wise have been immediately available to it but for the
provisions of these Dispute Resolution Conditions. Subject to the
provisions of DR 7.2, the Contractor shall initiate any such action
or proceeding no later than three calendar months after the date
that a Final Certificate of Completion is issued under GC44.1 of the
General Conditions and not afterwards.
7.2 Any action or proceeding resulting from a direction under GC32 of
the General Conditions shall be initiated by the Contractor no later
than three calendar months after the expiry of the warranty or
guarantee period and not afterwards.
DR 08 (13/12/02) Confidentiality
8.1 All information exchanged during alternative dispute resolution
procedures, by whatever means, shall be without prejudice and shall
be treated as confidential by the parties and their representatives,
unless otherwise required by law. However, evidence that is
independently admissible or discoverable shall not be rendered
inadmissible or non-discoverable by virtue of its use during an
alternative dispute resolution process.
DR 09 (13/12/02) Settlement
9.1 Any agreement to settle all or any part of a dispute, by whatever
means, shall be in writing and be signed by the parties or their
authorized representatives.
R0208D
Effective Date
Item Status
ID
Title
2002-12-13SupersededR0208DARCHIVED Dispute Resolution - Rules for Mediation
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
RM 01 Interpretation
RM 02 Application
RM 03 Communications
RM 04 Appointment of Project Mediator
RM 05 Confidentiality
RM 06 Time and Place of Mediation
RM 07 Representation
RM 08 Procedure
RM 09 Settlement Agreement
RM 10 Termination of Mediation
RM 11 Costs
RM 12 Subsequent Proceedings
RM 01 (13/12/02) Interpretation
1.1 Terms defined in the Contract and used in these Rules shall have the
meaning assigned to them in the Contract.
1.2 "Dispute Resolution Coordinator" or "Coordinator" means the Director,
Contract Claims Resolution Board, Public Works and Government
Services Canada, Place du Portage Phase III, 7A1, 11 Laurier Street,
Hull, Quebec K1A 0S5.
RM 02 (13/12/02) Application
2.1 These Rules apply to mediation conducted under the Contract. By
mutual agreement, the parties may change or make additions to the
Rules.
RM 03 (13/12/02) Communications
3.1 Written communications pursuant to these Rules shall be given in the
same manner as written notices are to be given pursuant to the
Contract.
RM 04 (13/12/02) Appointment of Project Mediator
4.1 The parties to the Contract may, by mutual consent, at any time
after entry into the Contract, appoint a mediator (the "Project
Mediator") to conduct mediation proceedings in accordance with these
Rules for Mediation of Construction Disputes, in regard to any
dispute which may arise with regard to the interpretation,
application or administration of the Contract. In this case, they
shall jointly enter into a contract with the appointed Project
Mediator, which contract shall be in a form drafted by the
Coordinator and agreed to by the parties.
4.2 If the parties do not appoint a Project Mediator pursuant to RM 4.1,
the parties shall appoint a Project Mediator within seventeen (17)
working days following receipt of a written notice from the
Contractor, in accordance with DR 4.3 of Dispute Resolution
Conditions "G", requesting that mediated negotiations be undertaken
in accordance with these Rules to assist the parties to reach
agreement on any outstanding issues which may be in dispute. Any
contract entered into with the appointed Project Mediator shall meet
the requirements as set out for the contract described in RM 4.1 of
these rules.
4.3 When mediation is requested by the Contractor pursuant to the terms
of the Contract, if the parties have previously entered into a
contract with a Project Mediator, the parties shall within two (2)
days send to both the Project Mediator and the Coordinator
4.3.1 a copy of the written notice of dispute requesting formal
negotiation under the terms of the Contract,
4.3.2 a copy of the Engineer's written position in relation to the
notice, the issues in contention and the relevant provisions
of the contract, and
4.3.3 a copy of the Contractor's written request for mediation
required under the terms of the Contract.
4.4 If the parties have not agreed on a Project Mediator, the parties
shall forthwith provide the Coordinator with the written materials
referred to in 4.3.1, 4.3.2 and 4.3.3 of RM 4.3 together with a
request that the Coordinator assist in the appointment of a mutually
acceptable Project Mediator in accordance with these Rules.
4.5 Within five (5) working days following receipt of the request and
materials referred to in RM 4.4, the Coordinator shall provide the
parties with a list of qualified private sector mediators obtained
from an independent and impartial entity, together with instructions
to each party to individually and confidentially select and rank
their preferred and fully acceptable choices of mediator in
descending order. Each mediator listed shall be impartial and
independent of the parties, and shall be an experienced and skilled
commercial mediator, preferably with knowledge of the subject matter
of the dispute.
4.6 Within ten (10) working days of receipt of the list referred to in
RM 4.5 each party shall comply with the instructions accompanying
the list(s) and shall deliver the completed listing to the
Coordinator.
4.7 Within two (2) working days following receipt of the completed
listings, the Coordinator shall select the highest common ranked
mediator to act as Project Mediator for the purposes of the contract.
4.8 In the event of a tie, the Coordinator shall consult both parties to
re-evaluate their rankings in order to assist the Coordinator in
selecting a Project Mediator acceptable to both parties. If the
parties cannot agree upon a Project Mediator, the Coordinator shall
forthwith provide the parties with a second list of mediators and
the procedure shall be repeated.
4.9 If the parties have not previously entered into a contract with a
mutually acceptable Project Mediator, the Coordinator shall use
reasonable efforts to negotiate a contract with a mutually
acceptable Project Mediator on behalf of the parties, which contract
shall incorporate or otherwise comply with the provisions of these
Rules. If negotiations are unsuccessful, or if for other reason the
individual is unwilling or unable to enter into a contract to act
as Project Mediator, the Coordinator shall repeat the process with
the second-highest common ranked mediator.
4.10 The parties agree that, upon successful completion of the
negotiations referred to in RM 4.9, they shall jointly enter into an
agreement with the selected Project Mediator, which agreement shall
be in a form drafted by the Coordinator and agreed to by the parties.
4.11 Upon execution of the agreement with the Project Mediator referred
to in RM 4.10, the Coordinator shall provide the Project Mediator
with copies of the documents referred to in RM 4.3 above.
RM 05 (13/12/02) Confidentiality
5.1 Subject to RM 5.2, and unless otherwise agreed in writing by the
parties, the Project Mediator, the parties and their counsel or
representatives shall keep confidential all matters and documents
disclosed during mediation proceedings except where the disclosure
is necessary for any implementation of any agreement reached or is
required by law.
5.2 Evidence that is independently admissible or discoverable in any
arbitral or judicial proceeding shall not be rendered inadmissible
or non-discoverable by virtue of its use in mediation proceedings.
5.3 Neither party shall make transcripts, minutes or other records of a
mediation conference.
5.4 The personal notes and written opinions of the Project Mediator made
in relation to mediation are in the Project Mediator's sole
possession and control, are confidential, and may not be used in any
subsequent proceeding between the parties or where they are opposed
in interest without the express written permission of the parties.
5.5 All information exchanged during mediation procedures, by whatever
means, shall be without prejudice and shall be treated as
confidential by the parties and their representatives, unless
otherwise required by law.
RM 06 (13/12/02) Time and Place of Mediation
6.1 The Project Mediator, in consultation with the parties shall set the
date, time and place of any mediation conference as soon as possible,
bearing in mind that, subject to agreement to the contrary between
the parties, only ten (10) working days are available within which
to attempt to settle the dispute.
RM 7 (13/12/02) Representation
7.1 Representatives of the parties may be accompanied at the mediation
conference by legal counsel or any other person.
7.2 If the Project Mediator is a lawyer, the Project Mediator shall not
provide legal advice to a party during the course of the mediation
conference, but may recommend that a party obtain independent legal
advice before finalizing a settlement agreement.
RM 8 (13/12/02) Procedure
8.1 The parties agree to an exchange of all facts, information and
documents upon which they intend to rely in any oral or written
presentation during the mediation. This exchange shall be completed
no later than two (2) working days prior to the date set for a
mediation conference.
8.2 The Project Mediator shall be free to meet with the parties
individually during a mediation conference if the Project Mediator
is of the opinion that this may improve the chances of a mediated
settlement, and either party may request such an individual meeting
at any time.
8.3 The parties may agree to extend the ten (10) working days available
for settlement of the dispute through mediation, and the Project
Mediator shall record that agreement in writing.
RM 09 (13/12/02) Settlement Agreement
9.1 The parties shall record in writing any settlement agreement reached,
with sufficient detail to ensure a clear understanding of
9.1.1 the issues resolved
9.1.2 any obligations assumed by each party including criteria to
determine if and when these obligations have been met, and
9.1.3 the consequences of failure to comply with the agreement
reached.
9.2 The parties agree to carry out the terms of a settlement agreement
as soon as possible and, in any event, within any time periods
specified in the agreement.
RM 10 (13/12/02) Termination of Mediation
10.1 Either party may withdraw from mediation at any time without reason
and, in that event, the Project Mediator shall give each party a
written notice terminating the mediation and establishing the
effective date of termination.
10.2 If, in the opinion of the Project Mediator, either party fails to
mediate in good faith or fails to comply with the terms of these
Rules, or if the Project Mediator, at any time during mediation, is
of the opinion that further negotiations will fail to resolve the
issues outstanding, the Project Mediator may terminate the
negotiations by providing the parties with a written notice of
termination, stating therein the Project Mediator's reasons for the
termination, and the effective date of termination.
10.3 If a dispute has not been resolved within the 10-day period set out
in DR 5.3 of Dispute Resolution Conditions "G" or such other longer
period as may have been agreed to by the parties, the Project
Mediator shall terminate the mediation by giving written notice to
the parties stating the effective date of termination.
RM 11 (13/12/02) Costs
11.1 The parties agree that they will each be responsible for the costs
of their own representatives and advisors and associated travel and
living expenses. Fees and expenses of the Project Mediator and all
administrative costs of mediation, such as the cost of the meeting
room(s), if any, shall be borne equally by the parties.
RM 12 (13/12/02) Subsequent Proceedings
12.1 The parties shall not rely on or introduce as evidence in any
arbitral or judicial proceeding, whether or not such proceeding
relates to the subject matter of mediation,
12.1.1 any document of other parties which are not otherwise
producible in those proceedings,
12.1.2 any views expressed or suggestions made by any party in
respect of a possible settlement of issues,
12.1.3 any admission made by any party in the course of mediation
unless otherwise stipulated by the admitting party,
12.1.4 the fact that any party has indicated a willingness to make
or accept a proposal or recommendation for settlement.
12.2 The Project Mediator shall neither represent nor testify on behalf
of either of the parties in any subsequent investigation, action or
proceeding relating to the issues in mediation proceedings.
12.3 The Project Mediator shall not be subpoenaed to give evidence
relating to
12.3.1 the Project Mediator's role in mediation, or
12.3.2 the matters or issues in mediation
in any subsequent investigation, action or proceeding and the
parties agree to vigorously oppose any effort to have the Mediator
so subpoenaed.
R0209D
Effective Date
Item Status
ID
Title
2002-12-13SupersededR0209DARCHIVED Dispute Resolution - Rules for Arbitration
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
RA 1 Interpretation
RA 2 Arbitration Tribunal
RA 3 Application
RA 4 Initiation of Proceedings
RA 5 Appointment of Tribunal
RA 6 Preliminary Meeting
RA 7 Communications
RA 8 Representation
RA 9 Conduct of Proceedings
RA 10 Place of Arbitration
RA 11 Time Limitations
RA 12 Statement of Claim and Defence
RA 13 Further Written Statements
RA 14 Agreed Statement of Facts
RA 15 Evidence
RA 16 Hearings
RA 17 Default
RA 18 Arbitral Decision
RA 1 (13/12/02) Interpretation
1.1 Terms defined in the Contract and used in these Rules shall have the
meaning assigned to them in the Contract.
1.2 In these Rules,
"claimant" means the Contractor;
"Dispute Resolution Coordinator" or "Coordinator" means the Director,
Contract Claims Resolution Board, Public Works and Government
Services Canada, Place du Portage Phase III, 7A1 11 Laurier Street,
Hull, Quebec K1A 0S5; and
"respondent" means Her Majesty.
RA 2 (13/12/02) Arbitration Tribunal
2.1 Subject to these Rules, and unless otherwise agreed by the parties,
the arbitration tribunal shall consist of a single arbitrator ("the
Tribunal") who shall be appointed in accordance with the provisions
of the Rules.
RA 3 (13/12/02) Application
3.1 These Rules apply to arbitration conducted under the Contract. By
mutual agreement, the parties may change or make additions to the
Rules.
3.3 The scope of the arbitral proceedings shall be limited to the
resolution of the dispute submitted to arbitration.
3.3 The dispute shall be subject to resolution pursuant to the
provisions of these Rules whether or not such resolution requires
determination of a question of law if such question of law is an
arbitral question of law as defined in the terms and conditions of
the Contract.
3.4 Arbitral proceedings shall be governed by and in accordance with the
Commercial Arbitration Act, R.S.C. 1985, c. 17 (2nd Supp.), the Code
referred to therein, and the provisions of these Rules, and, subject
only to the provisions of the Commercial Arbitration Act, the
parties agree that the determination and award of the Tribunal shall
be final and binding on both parties.
3.5 The Tribunal shall not decide the dispute ex aequo et bono or as
amiable compositeur.
3.6 The Tribunal shall decide in accordance with the terms and
conditions of the Contract and shall take into account the usages of
the trade applicable to the transaction.
3.7 The costs of the Tribunal and the arbitration shall be shared
equally by the parties and each party shall bear its own costs.
RA 4 (13/12/02) Initiation of Proceedings
4.1 Either party may submit a dispute to binding arbitration to the
extent permitted under the Contract, by giving notice in writing to
the other party in accordance with the requirements of the Contract.
4.2 The notice referred to in RA 4.1 shall contain the following:
4.2.1 a brief description of the Contract;
4.2.2 a statement of the issue(s) in dispute;
4.2.3 a request that the dispute be referred to binding arbitration;
4.3 A copy of the notice referred to in RA 4.1 shall be given to the
Coordinator at the same time it is given to the other party.
4.4 Unless otherwise agreed, the arbitration of the dispute shall be
held in abeyance and consolidated with all other such disputes into
a single arbitration in accordance with the terms of the Contract.
RA 5 (13/12/02) Appointment of Tribunal
5.1 No later than ten (10) working days following the date of
commencement of arbitration proceedings as set out in DR 6.6, the
Coordinator shall assemble and provide the parties with a list of
qualified private sector arbitrators obtained from an independent
and impartial entity, together with instructions to each party to
individually and confidentially select and rank their preferred and
fully acceptable choices of arbitrator in descending order.
5.2 Within ten (10) working days of receipt of the list referred to in
RA 5.1, each party shall comply with the instructions accompanying
the list(s) and shall deliver the completed listing to the
Coordinator.
5.3 Within two (2) working days following receipt of the completed
listings, the Coordinator shall select the highest common ranked
arbitrator to act as the Tribunal for the purposes of the
arbitration.
5.4 In the event of a tie, the Coordinator shall consult both parties to
re-evaluate their rankings in order to assist the Coordinator in
selecting a single arbitrator acceptable to both parties. If the
parties cannot agree upon an arbitrator, the Coordinator shall
forthwith provide the parties with a second list of arbitrators and
the procedure shall be repeated.
5.5 In the event that, following the repeated procedure, the Coordinator
again fails to select a single arbitrator acceptable to both parties,
the Tribunal shall consist of three (3) arbitrators, one arbitrator
appointed by each of the parties and the third arbitrator appointed
by these two (2) arbitrators.
5.6 The Tribunal shall in any event be composed of a person or persons
who have experience in the subject matter of the dispute and are
independent of either party. Without limiting the generality of the
foregoing, the Tribunal shall be at arm's length from both parties
and shall not be composed of members of any company, firm, or agency
which advises either party, nor shall the Tribunal be composed of a
person or persons who are otherwise regularly retained by such
parties.
5.7 The parties agree that they shall jointly enter into an agreement
with the selected Tribunal, which agreement shall be in a form
drafted by the Coordinator and agreed to by the parties.
5.8 The parties agree that they shall each bear their own costs. Fees
and reasonable expenses of the Tribunal and reasonable expenses
associated with the conduct of the arbitration shall be borne
equally by the parties.
RA 6 (13/12/02) Preliminary Meeting
6.1 Unless the parties to the arbitration and the Tribunal otherwise
agree, the parties shall meet with the Tribunal within ten (10)
working days of the Tribunal's appointment to:
6.1.1 settle the location of premises for proceedings and
responsibilities for the arrangement;
6.1.2 verify addresses for the delivery of written communications
to each party and to the Tribunal;
6.1.3 present to the Tribunal the issues to be resolved by means of
the arbitration;
6.1.4 estimate the length of time the hearing might take and the
number of witnesses likely to be produced;
6.1.5 determine if a stenographic record or any other type of
recording of proceedings should measures should be provided;
and
6.1.6 determine any other matters pertinent to conduct of the
arbitration.
RA 7 (13/12/02) Communications
7.1 Subject to RA 7.2, the Tribunal shall not communicate with a party
to the dispute except in the presence of the other party.
7.2 Notwithstanding RA 7.1, the Tribunal may communicate with the
parties separately for the purpose of establishing procedures to be
followed or setting the time of a meeting; other exceptions to the
general rule shall only be made with the consent in writing of all
parties.
7.3 If a communication by the Tribunal to one party is in writing, a
copy shall be sent to the other party.
7.4 If a party sends any written communication to the Tribunal, a copy
shall be sent to the other party.
7.5 Any communication that is required or permitted to be given to the
Tribunal or either party shall be in writing and may be given by
delivering the same by facsimile or by mail, postage prepaid, to the
address established for the purposes of the Contract in the case of
the parties, and to the address provided by the Tribunal in the case
of the Tribunal, and such communication shall be deemed to have been
received in accordance with the provisions of the General Conditions
of the Contract.
RA 8 (13/12/02) Representation
8.1 The parties may be represented or assisted by any person during the
arbitral proceedings.
RA 9 (13/12/02) Conduct of Proceedings
9.1 Subject to the provisions of these Rules, the Tribunal may conduct
the arbitration in the manner it considers appropriate. The power
conferred upon the Tribunal includes the power to determine the
admissibility, relevance, materiality and weight of any evidence.
RA 10 (13/12/02) Place of Arbitration
10.1 The Tribunal may meet at any place it considers appropriate for
hearing witnesses, experts or the parties, or for inspection of
documents, goods or other property. The Tribunal will conduct
on-site inspections at the request of either party. Any on-site
inspections shall be made in the presence of both parties and their
representatives. The proceedings of any on-site inspections shall
be recorded as part of the hearing itself.
RA 11 (13/12/02) Time Limitations
11.1 The Tribunal may extend or abridge a period of time required in
these Rules or fixed or determined by the Tribunal where the
Tribunal considers it to be reasonable and appropriate.
11.2 Where any proceeding is terminated pursuant to paragraph 25(a) or 32
(2)(a) of the Code referred to in the Commercial Arbitration Act,
unless the respondent agrees otherwise in writing, such termination
is deemed to be a final award dismissing the claim of the claimant.
RA 12 (13/12/02) Statement of Claim and Defence
12.1 Within ten (10) working days after the Tribunal has been appointed,
the claimant shall state, in writing, the facts supporting its claim,
points at issue and relief or remedy sought, and shall submit the
statement to the respondent, the Coordinator, and the Tribunal.
12.2 Within ten (10) working days after receipt of the statement of claim,
the respondent shall state, in writing, its defence in respect of
these particulars and any counterclaim and shall submit its
statement to the claimant, the Coordinator and the Tribunal.
12.3 Within five (5) working days after receipt of the statement of
defence, the claimant may state, in writing, its response to the
defence and to any counterclaim, and shall submit its statement to
the respondent, the Coordinator and the Tribunal.
12.4 A party may amend or supplement its statements during the course of
arbitral proceedings unless the Tribunal considers it inappropriate
to allow such amendment or supplement having regard to all
circumstances including delay in making the amendment or supplement.
12.5 A statement may not be amended if the amended statement would fall
outside the scope of the arbitration agreement.
RA 13 (13/12/02) Further Written Statements
13.1 The Tribunal may require or permit the presentation of further
written statements by the parties and shall fix the periods of time
for submitting those statements.
RA 14 (13/12/02) Agreed Statement of Facts
14.1 Within a time period specified by the Tribunal, the parties shall
prepare and file with the Tribunal an agreed statement of facts
including but not limited to a chronology of the project, schedules,
quantities and progress payments. The Tribunal shall make itself
available, upon reasonable notice, to assist the parties to arrive
at agreement on as many facts as possible under the circumstances.
14.2 Within a time period specified by the Tribunal, the parties shall
prepare and file with the Tribunal a common book of documents
including all documents referred to in an agreed statement of facts
and in statements of claim, defence and response.
RA 15 (13/12/02) Evidence
15.1 Each party shall prove the facts relied upon to support its claim or
defence.
15.2 Each party shall deliver to the Tribunal and to the other party,
within such period of time that the Tribunal determines, a copy of
the documents and a summary of the other evidence that party intends
to present in support of the facts in issue set out in its statement
of claim, defence or response.
15.3 From time to time, the Tribunal may require the parties to produce
documents, exhibits and other evidence within such period of time
that the Tribunal may determine.
RA 16 (13/12/02) Hearings
16.1 All statements, documents or other information supplied to, or
applications made to, the Tribunal by one party shall be
communicated to the other party, and any expert report or
evidentiary document on which the Tribunal may rely in making its
decision shall be communicated to the parties at least eight (8)
working days prior to its entry in evidence.
16.2 The parties shall be given reasonably sufficient advance notice of
any hearing of the Tribunal and any meeting of the Tribunal for the
purpose of inspection of documents, goods or other property.
16.3 If a party intends to give evidence through a witness, the party
shall communicate to the Tribunal and to the other party, within
such period that the Tribunal determines
16.3.1 the names, addresses and curriculum vitae of each of the
witnesses it intends to present, and
16.3.2 the subject upon which those witnesses will give their
testimony.
16.4 Each party shall have the right to examine, cross-examine and
re-examine all witnesses as appropriate.
16.5 All oral hearings and meetings in arbitral proceedings shall be held
in camera.
RA 17 (13/12/02) Default
17.1 Where, without showing sufficient cause, the claimant fails to
communicate its statement of claim in accordance with these Rules or
within such further period of time permitted by the Tribunal under
these Rules, the Tribunal shall issue an order terminating the
arbitral proceedings with respect to that claim.
17.2 An order made under RA 17.1 does not affect a counterclaim made in
respect of those arbitral proceedings.
17.3 Where, without showing sufficient cause, the respondent fails to
communicate a statement of defence in accordance with these Rules,
or within such further period of time permitted by the Tribunal
under these Rules, the Tribunal shall continue the arbitral
proceedings without treating that failure in itself as an admission
of the claimant's allegations.
17.4 Where, without showing sufficient cause, a party fails to appear at
an oral hearing or produce documentary evidence, the Tribunal may
continue the arbitral proceedings and make the arbitral award on the
evidence before it.
RA 18 (13/12/02) Arbitral Decision
18.1 Unless otherwise agreed to by the parties, the Tribunal shall make
the award no later than thirty (30) days after completion of the
arbitration hearings unless that time period is extended for an
express period by the Tribunal on written notice to each party, due
to illness or other cause beyond the Tribunal's control.
R0210D
Effective Date
Item Status
ID
Title
2004-05-14CancelledR0210DARCHIVED General Conditions - Minor Works
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Public Works and Government Services Canada
GC 01 Definition of Terms
GC 02 Assignment and Subcontracting
GC 03 Members of House of Commons and Former Public Office Holders
GC 04 Indemnification
GC 05 Property of Her Majesty
GC 06 Applicable Laws
GC 07 Canadian Labour and Materials
GC 08 Publicity
GC 09 Materials, Equipment, etc. to become Property of Her Majesty
GC 10 Contractor's Superintendent and Workers
GC 11 Co-operation with other Contractors
GC 12 Claims Against and Obligations of the Contractor or Subcontractor
GC 13 Architect/Engineer's Rights and Obligations
GC 14 Delay, Non-Compliance or Default by the Contractor
GC 15 Changes in Soil Conditions, Delay by Her Majesty
GC 16 Protesting Architect/Engineer's Decision
GC 17 Suspension or Termination of the Contract
GC 18 No Additional Payments
GC 19 Determination of Costs
GC 20 Records to be Kept
GC 21 Extension of Time
GC 22 Cleaning of Work
GC 23 Architect/Engineer's Certificates
GC 24 Rectification of Defects
GC 25 Payment
GC 26 Non-discrimination in Hiring and Employment of Labour
GC 27 Certification - Contingency Fees
GC 01 (16/02/98) Definition of Terms
1.1 In the Contract,
the "Architect/Engineer" means such person as may be specifically
designated by or on behalf of the Minister upon the award of this
contract and includes a person specially authorized by the Architect
/Engineer to act on his behalf,
"Minister" includes a person acting for, or if the office is vacant,
in place of the Minister and his successors in the office, and his
or their lawful deputy and any of his or their representatives
appointed for the purpose of the contract,
"person" includes, unless there is an express stipulation in the
contract to the contrary, any partnership, proprietorship, firm,
joint venture, consortium, corporation.
"work" includes the whole of the works, materials, matters and
things to be done, furnished and performed by the Contractor under
the contract.
GC 02 (16/02/98) Assignment and Subcontracting
2.1 This Contract may not be assigned without the written consent of the
Minister, and neither the whole nor any part of the work may be
subcontracted by the Contractor without the consent of the Architect
/Engineer. All the terms and conditions of this Contract that are
of general application shall be incorporated in every other contract,
excluding those contracts issued solely for the supply of plant or
material, issued as a consequence of this Contract.
GC 03 (16/02/98) Members of The House of Commons and Former Public
Office Holders
3.1 No Member of the House of Commons shall be admitted to any share or
part of the contract or to any benefit arising therefrom.
3.2 It is a term of this contract 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 this Contract.
GC 04 (16/02/98) Indemnification
4.1 The Contractor shall indemnify and save harmless Her Majesty from
and against all claims, losses, costs, damages, suits, proceedings,
or actions arising out of or related to the Contractor's activities
in executing the work, other than those arising from a defect in
title to the site of the work or the infringement of a patent
arising from a design supplied by Her Majesty, but including his
omissions, improper acts or delays in executing the work under the
contract.
GC 05 (16/02/98) Property of Her Majesty
5.1 The Contractor shall be responsible for any loss or damage,
excluding reasonable wear and tear, to any property of Her Majesty
arising out of the performance of the work whether or not such loss
arises from causes beyond his control. Such property shall only be
used by the Contractor as may be directed by the Architect/Engineer
and the Contractor shall, at any time when requested to do so,
account to the Architect/Engineer for the use of such property.
GC 06 (01/12/00) Applicable Laws
6.1 The Contractor shall comply with all legislative and regulatory
provisions whether federal, provincial or municipal applicable to
the performance of the work.
6.2 Unless otherwise provided in the contract, the Contractor shall
obtain all permits and hold all certificates and licenses required
for the performance of the Work.
6.3 From time to time, the Architect/Engineer may request that the
Contractor provide evidence that it complies with all applicable
legislative and regulatory provisions and that it holds all required
permits, certificates and licenses. Such evidence shall be provided
within the time set in the request or as otherwise stipulated in the
contract.
GC 07 (16/02/98) Canadian Labour and Materials
7.1 In so far as is practicable the Contractor shall employ and use only
Canadian labour and materials in the execution of the work, employ
local labour with a reasonable proportion of workers who have served
on active service with the Canadian Armed Services, and utilize the
services of the Canada Employment Centres in the recruitment of such
labour.
GC 08 (16/02/98) Publicity
8.1 The Contractor will neither permit any public ceremony, nor erect or
permit the erection of any sign or advertising, in connection with
the work without the approval of the Architect/Engineer.
GC 09 (16/02/98) Materials, Equipment, etc. to become Property of Her
Majesty
9.1 All materials and plant used or provided for the work shall be the
property of Her Majesty, shall not be removed from the site of the
work and shall be used only for the purpose of the work, until the
Architect/Engineer shall certify that they are, if not incorporated
in the work, no longer required for the purpose of the work. The
Contractor shall be liable for all loss or damage to material or
plant that is the property of Her Majesty by virtue of this section.
GC 10 (16/02/98) Contractor's Superintendent and Workers
10.1 The Contractor will keep a competent superintendent on the site of
the work at all times during the progress of the work unless
otherwise authorized by the Architect/Engineer. The Superintendent
must be acceptable to the Architect/Engineer and have the authority
to receive on behalf of the Contractor any order or communication in
respect of the contract. Any superintendent and worker not
acceptable to the Architect/Engineer because of incompetency,
improper conduct or security risk will be removed from the site of
the work and replaced forthwith.
GC 11 (16/02/98) Co-operation with other Contractors
11.1 The Contractor will co-operate fully with other contractors or
workers sent onto the site of the work by the Architect/Engineer.
If the sending onto the work of other contractors and workers could
not have been reasonably foreseen by the Contractor when entering
into the contract, and if, in the opinion of the Architect/Engineer
the Contractor has incurred additional expense by such action, and
if the Contractor has given written notice of claim within thirty
(30) days of such action, Her Majesty will pay the cost of such
additional expense to the Contractor calculated in accordance with
GC 19.
GC 12 (25/05/01) Claims Against and Obligations of the Contractor or
Subcontractor
12.1 The Contractor shall ensure that all its lawful obligations and any
lawful claims against the Contractor arising out of the performance
of the work are discharged and satisfied at least as often as the
contract requires Her Majesty to discharge Her obligations to the
Contractor. The Contractor shall provide the Architect/Engineer
with a Statutory Declaration deposing to the existence and condition
of such claims and obligations when called upon to do so.
12.2 Her Majesty may, in order to discharge lawful obligations of and
satisfy lawful claims against the Contractor or a subcontractor
arising out of the performance of the work, pay an amount, which is
to be determined in accordance with GC 12.3, from money that is due
and payable to the Contractor pursuant to the contract directly to
the obligees of the claimants against the Contractor or the
subcontractor.
12.3 The amount referred to in GC 12.2 shall be that amount which the
Contractor would have been obliged to pay to such claimant had the
provisions of the provincial or territorial lien legislation, or in
the province of Quebec, the law relating to privileges, been
applicable to the work. Any such claimant need not comply with the
provisions of such legislation setting out the steps by way of
notice, registration or otherwise an might have been necessary to
preserve or perfect any claim for lien or privilege which the
claimant might have had.
12.4 For the purposes of GC 12.2, a claim shall be considered lawful when
it is so determined;
12.4.1 by a court of competent jurisdiction, or
12.4.2 by an arbitrator duly appointed to arbitrate the said claim,
or
12.4.3 by a written notice delivered to the Architect/Engineer and
signed by the Contractor authorizing payment of the said
claim or claims.
12.5 A payment made pursuant to GC 12.2 is, to the extent of the payment,
a discharge of Her Majesty's liability to the Contractor under the
contract and may be deducted from any amount payable to the
Contractor under the contract.
12.6 GC 12.2 shall only apply to claims and obligations:
12.6.1 The notification of which has set forth the amount claimed to
be owing and the person who by contract is primarily liable.
The notification must be received by the Architect/Engineer
in writing before final payment is made to the Contractor and
within one hundred and twenty (120) days of the date on which
the claimant;
12.6.1.1 should have been paid in full under the
claimant's contract with the Contractor or
subcontractor where the claim is for money that
was lawfully required to be held back from the
claimant; or
12.6.1.2 performed the last of the services, work or
labour, or furnished the last of the material
pursuant to the claimant's contract with the
Contractor or subcontractor where the claim is
not for money referred to in GC 12.6.1.1, and
12.6.2 The proceedings to determine the right to payment of the
claim shall have commenced within one year from the date that
the notice referred to in GC 12.6.1 was received by the
Architect/Engineer.
12.7 Her Majesty may, upon receipt of a notification of claim referred to
in GC 12.6.1, withhold from any amount that is due and payable to
the Contractor pursuant to the Contract the full amount of the claim
or any portion thereof.
12.8 The Architect/Engineer shall notify the Contractor in writing of
receipt of any notification of claim and of the intention of Her
Majesty to withhold funds pursuant to GC 12.7. The Contractor may,
at any time thereafter and until payment is made to the claimant,
post with Her Majesty, security in a form acceptable to Her Majesty
in an amount equal to the value of the said claim. Upon receipt of
such security Her Majesty shall release to the Contractor any funds
which would be otherwise payable to the Contractor, that were
withheld pursuant to the provisions of GC 12.7.
GC 13 (25/05/01) Architect/Engineer's Rights and Obligations
13.1 The Architect/Engineer shall:
13.1.1 have access to the work at all times during its execution and
the Contractor will provide the Architect/Engineer with full
information and assistance in order that he may ensure that
the work is executed in accordance with the contract.
13.1.2 decide any question as to whether anything has been done as
required by the contract or as to what the Contractor is
required by the contract to do, including questions as to the
acceptability of the quality or quantity of any labour, plant
or material used in the execution of the work and the timing
and scheduling of the various phases of the work.
13.1.3 have the right to order additional work, dispense with, or
change the whole or any part of the work provided for in the
plans and specifications. The Architect/Engineer shall
decide whether anything done or not done as a result of
directions given under this subsection has increased or
decreased the cost of the work to the Contractor and the
amount payable under the contract to the Contractor will be
increased or decreased accordingly by an amount calculated in
accordance with GC 19 hereof.
13.2 The Contractor shall comply with any decision or direction of the
Architect/Engineer given under this section.
GC 14 (16/02/98) Delay, Non-Compliance or Default by the Contractor
14.1 If the Contractor delays in the commencement, execution or
completion of the work, fails to comply with a direction or decision
of the Architect/Engineer properly give, or is in default in any
other manner under the contract, the Architect/Engineer may do such
things as he deems necessary to correct the Contractor's default.
The Contractor will reimburse Her Majesty for all costs, expenses
and damage incurred or sustained by Her Majesty, by reason of the
Contractor's default, or in correcting the default. In addition to
the aforementioned remedies in this section, the Minister may, if
the default continues for six (6) days after notice in writing of
default has been given to the Contractor by the Architect/Engineer,
terminate the contract in accordance with GC 17.3.
GC 15 (25/05/01) Changes in Soil Conditions, Delay by Her Majesty, etc.
15.1 No extra payment will be made to the Contractor for any extra
expense, loss or damage for any reason unless the Architect/Engineer
shall certify that such extra expense, loss or damage is directly
attributable to:
15.1.1 a substantial difference between the soil conditions at the
site of the work indicated by the plans and specifications
and the actual soil conditions found there;
15.1.2 neglect or delay by Her Majesty, occurring after the date of
contract, in providing any information or doing any act which
is required expressly by the contract or by usage of the
trade, or suspension of the work by the Minister;
and the Contractor has within thirty (30) days of encountering such
soil conditions or of the commencement of such neglect or delay,
given written notice to the Architect/Engineer of a claim for such
extra expense, loss or damage. The amount of any extra payment to
be made under this section will be calculated in accordance with GC
19.
15.2 If in the opinion of the Architect/Engineer any difference in soil
conditions referred to in GC 15.1.1 hereto results in a saving of
expenditure to the Contractor the amount of such saving shall be
paid to Her Majesty by the Contractor.
GC 16 (16/02/98) Protesting Architect/Engineer's Decision
16.1 If the Contractor, within ten (10) days of receiving any decision or
direction of the Architect/Engineer, gives written notice to the
Architect/Engineer that the decision or direction is accepted under
protest, Her Majesty will pay to the Contractor the cost, calculated
according to GC 19, of anything that the Contractor was required to
do, as a result of the decision or direction, beyond what the
contract correctly understood would have required him to do.
GC 17 (16/02/98) Suspension or Termination of the Contract
17.1 The Minister may upon notice in writing to the Contractor suspend or
terminate the contract at any time. The Contractor will comply with
such notice immediately.
17.2 If the Minister suspends the work for thirty (30) days or less the
Contractor must, subject to his remedy under GC 15 hereof, complete
the work when called upon to do so. If the Minister suspends the
work for a period in excess of thirty (30) days the Contractor may
request the Minister to terminate the work under GC 17.4 hereof.
17.3 If the Minister terminates the contract because of default by the
Contractor, the insolvency of or the commission of an act of
bankruptcy by the Contractor, the obligation of Her Majesty to make
payments to the Contractor shall cease and no further payments shall
be made to the Contractor unless the Architect/Engineer shall
certify that no financial prejudice will result to Her Majesty from
such further payments. Termination under this subsection shall not
relieve the Contractor of any legal or contractual obligations other
than the physical completion of the work. In such circumstances the
Architect/Engineer may complete or have the work completed as he
sees fit and all costs and damages incurred by Her Majesty due to
the non-completion of the work by the Contractor shall be payable by
the Contractor to Her Majesty.
17.4 If the Minister terminates the work other than in accordance with GC
17.3 hereof Her Majesty will pay to the Contractor an amount
calculated in accordance with GC 19 hereof subject to any additions
or deductions otherwise provided by the General Conditions or Labour
Conditions less any payments made pursuant to GC 25.3 hereof. In no
event, however, shall such amount be greater than the amount which
would have been payable to the Contractor had the contract been
completed.
GC 18 (16/02/98) No Additional Payments
18.1 The amount payable to the Contractor under this contract will not be
increased or decreased by reason of any increase or decrease in the
cost of the work brought about by any increase in the cost of plant,
labour or material, except that, in the event of a change in any tax,
that affects the cost of any materials incorporated in or to be
incorporated in the work, imposed under the Excise Act, the Excise
Tax Act, the Old Age Security Act, the Customs Act or Customs Tariff,
made public after the date of the submission of the tender, an
appropriate adjustment may be made.
GC 19 (25/05/01) Determination of Costs
19.1 For the purposes of GC 11, GC 13.3, GC 15, GC16, and GC 17.4 and
subject to the provisions of GC 25.2.2, the amount payable to the
Contractor for any change in the scope of work requested by the
Architect/Engineer shall be based on the Unit Prices as set out in
Clause 4 of the Tender and Acceptance.
19.2 If the Unit Prices referred to in GC 19.1 cannot be used to
determine the amount payable to the Contractor due to a change in
the scope of the work, then the Contractor shall submit to the
Architect/Engineer a quotation of the Contractor's costs for all
labour, plant and material required by the change. The Contractor
shall include a mark-up in an amount equal to 20% of its costs for
the labour, plant and material portion of the work to be done by its
own forces and an additional mark-up in an amount equal to 15% of
all quotations received from its subcontractors. The Contractor
shall ensure that its subcontractor shall include a mark-up in an
amount equal to 20% of its costs for the labour, plant and material
portion of the work to be done by the subcontractors own forces and
an additional mark-up in an amount equal to 15% of all quotations
received from its sub-subcontractors. The mark-ups referred to
herein shall be considered full compensation for all supervision,
coordination, administration, overhead, margin, finance and interest
charges, and the risk of undertaking the work within a stipulated
amount. The Contractor's and subcontractors' costs shall be
inclusive of all contractor and trade discounts. Quotations
referred to herein shall be prepared and submitted in accordance
with the appropriate percentage mark-up as described elsewhere in
the Contract.
19.3 If the Architect/Engineer and the Contractor fail to reach agreement
on the prices quoted in GC 19.2, then the amount payable to the
Contractor shall be all reasonable and proper costs paid or legally
payable by the Contractor that are directly attributable to the
change in the scope of the work plus an additional amount equal to
10% of such costs to cover overhead, finance and interest charges,
and margin. The Contractor shall provide evidence of such costs to
the Architect/Engineer with its progress claim or invoice.
GC 20 (16/02/98) Records to be Kept
20.1 The Contractor shall for a period of two (2) years from the date of
the Final Certificate of Completion, maintain and keep full records,
vouchers, other writings and information in respect of his estimates
and actual cost of the work and shall make them available for copy,
audit or inspection by any persons acting on behalf of the Minister.
GC 21 (25/05/01) Extension of Time
21.1 The Minister may, on the application of the Contractor made before
the day fixed for the completion of the work, extend the time for
the completion of the work. Whether or not the Minister grants an
extension, the Contractor shall, except to the extent that the
Minister is of the opinion that the need for an extension was due to
causes beyond the control of the Contractor, pay to Her Majesty.
21.1.1 an amount equal to Departmental inspection costs relating to
the work incurred after the original completion date and
21.1.2 compensation for any loss or damage resulting to Her Majesty
from failure by the Contractor to complete the work by the
original completion date.
GC 22 (16/02/98) Cleaning of Work
22.1 The Contractor will upon completion of the work, clear and clean the
work and its site to the satisfaction of and in accordance with any
directions of the Architect/Engineer.
GC 23 (16/02/98) Architect/Engineer's Certificates
23.1 On the day that the work has been completed and the Contractor has
complied with the contract and all orders and directions pursuant
thereto to the satisfaction of the Architect/Engineer, the Architect
/Engineer will issue to the Contractor a Final Certificate of
Completion. In the case of a unit price contract, the Architect/
Engineer will at the same time issue a Final Certificate of
Measurement setting out the final quantities used or employed in
respect of the classes and units set out in the Unit Price Table,
and any subsequent amendments thereto, under Clause 4 of the Tender
and Acceptance, such certificate to be binding upon the Contractor
and Her Majesty.
GC 24 (16/02/98) Rectification of Defects
24.1 The Contractor will, upon notice from the Architect/Engineer and
within such time as specified in said notice, rectify at his own
expense any defect or fault, however caused, which appears in the
work within twelve (12) months of the date of the Final Certificate
of Completion.
GC 25 (25/05/01) Payment
25.1 Her Majesty will pay and the Contractor will accept as full
consideration for the work performed and executed an amount by which
the amount referred to in Clause 1 of the Tender and Acceptance
together with the aggregate of the amounts payable by Her Majesty
under GC 11, 13.1.3, GC 15.1, GC 16 and GC 18 exceed the aggregate
of any payments by Her Majesty under GC 12 and indemnification and
amounts payable to or costs and damages incurred by Her Majesty
under GC 4, GC 5, GC 9, GC 13.1.3, GC 14, GC 15.2, GC 17.3, GC 18
and GC 21.
25.2 In the case of a unit price contract:
25.2.1 The amount referred to in Clause 1 of the Tender and
Acceptance will be deemed to be the amount computed by
totalling the products of the unit prices set out in Clause 4
of the Tender and Acceptance, as amended pursuant to GC 25.2.2
hereof, if applicable, and the actual quantities of such
units as set out in the Architect/Engineer's Final
Certificate of Measurement, subject to any adjustment
provided for in GC 25.2.2 of this section.
25.2.2 The Architect/Engineer and the Contractor may by agreement in
writing add to the aforesaid Unit Price Table other classes
of labour, etc., units of measure, estimated quantities and
prices per unit, and may if the actual quantities as set out
in the aforesaid Final Certificate of Measurement exceed or
fall short of the estimated quantities in respect of any
item(s) shown in the aforesaid Unit Price Table by more than
15% amend the unit prices shown in the Unit Price Table for
such items, provided that in the event the actual quantities
exceed the estimated quantities by more than 15% the
aforementioned amendment to the unit prices shall apply only
to the actual quantities in excess of 115% of the estimated
quantities. Where the Architect/Engineer and the Contractor
fail to agree on the amount of any adjustment as contemplated
by this subsection the revised or new prices per unit shall
be determined in accordance with GC 19 hereof.
25.3 If the amount of the Contract is in excess of $5,000, the Contractor
shall be entitled to receive progress payments upon submitting
Progress Claims which must be approved by Progress Reports issued by
the Architect/Engineer at monthly intervals. The amount to be paid
to the Contractor for a progress payment shall be 90% of the value
of the work certified by the Architect/Engineer in the Progress
Report as having been completed since the date of the immediately
preceding Progress Claim, if any.
25.4 Thirty (30) days after receipt by the Architect/Engineer of the
Progress Claim and if the Contractor has made and delivered to the
Architect/Engineer his Statutory Declaration pursuant to GC 12, the
amount of the Progress Claim, subject to GC 25.3 of this section,
shall become due and payable.
25.5 Sixty (60) days after the issue by the Architect/Engineer of the
Final Certificate of Completion there shall become due and payable
to the Contractor the amount described in GC 25.1 of this section
less the aggregate of the amounts, if any, paid pursuant to
subsection GC 25.3 of this section.
25.6 Notwithstanding GC 25.3, GC 25.4 and GC 25.5 above, an amount shall
be due and payable to the Contractor only if the Contractor has
supplied a Statutory Declaration pursuant to GC 12 of the General
Conditions. The amount referred to above shall be due and payable
as indicated in GC 25.4 and GC 25.5 above or, in the case where the
Contractor failed to provide a Statutory Declaration, fifteen (15)
days after such Statutory Declaration was made and delivered to the
Architect/Engineer, whichever is later.
25.7 A payment by Her Majesty pursuant to this section shall not be
construed as evidence that the work is satisfactory or in accordance
with the Contract.
25.8 Delay in making payment by Her Majesty under this section shall not
be deemed to be a breach of the Contract.
25.8.1 However, subject to GC 25.6 above and GC 25.8.2 below, Her
Majesty shall pay the Contractor simple interest on any
amount overdue, at the Average Bank Rate plus 3% per year.
The interest shall apply from and include the day such amount
became overdue until the day prior to the date of payment.
25.8.2 Interest in accordance with GC 25.8.1 above shall be paid to
the Contractor without demand, except that, in respect of
amounts which are less than fifteen (15) days overdue, no
interest shall be paid in respect of payment made within such
fifteen (15) days unless the Contractor so demands after such
amounts have become due.
25.8.3 The "Average Bank Rate" means the simple arithmetic mean of
the Bank Rate in effect at 4:00 p.m. Eastern Standard Time
each day during the calendar month which immediately precedes
the calendar month in which payment is made.
25.8.4 The "Bank Rate" means the rate of interest established from
time to time by the Bank of Canada as the minimum rate at
which the Bank of Canada makes short term advances to members
of the Canadian Payments Association.
25.9. Her Majesty may set-off against any amount payable or debt due by
Her Majesty under this contract the amount of any debt due to Her
Majesty under this contract or any other contract between the
Contractor and Her Majesty.
GC 26 (14/05/04) Non-discrimination in Hiring and Employment of Labour
26.1 For the purpose of this section and without restricting the
provision of GC 1.1, "persons" include the Contractor, its
subcontractors, its sub-subcontractors, and its respective employees,
agents, licensees or invitees, and any other individual granted
access to the site of the work.
26.2 For contracts over $30,000, refer to Section 9 of the Labour
Conditions attached hereto which forms part of this contract.
26.3 For all contracts, the provision shall be that the Contractor shall
not refuse to employ and will not discriminate in any manner against
any person because
26.3.1 of that person's race, national origin, colour, religion, age,
sex or marital status,
26.3.2 of the race, national origin, colour, religion, age, sex, or
marital status of any person having any relationship or
association with that person, or
26.3.3 a complaint has been made or information has been given by or
in respect of that person relating to an alleged failure by
the Contractor to comply with GC 26.3.1 and GC 26.3.2 above.
26.4 Without restricting the provisions of Section 9 of the Labour
Conditions,
26.4.1 the Contractor shall, within two (2) working days immediately
following receipt of a written complaint alleging a breach of
the Labour Conditions or pursuant to GC 26.3 above, at the
site of the work,
26.4.1.1 cause to have issued a written direction to the
person or persons named by the complainant to
cease all actions that form the basis of the
complaint; and
26.4.1.2 for all contracts, forward a copy of the
complaint to the Architect/Engineer by
registered mail; and
26.4.1.3 for contracts over $30,000, forward another
copy of the complaint to the Department of
Human Resources and Skills Development, to the
attention of the appropriate Director as
described in the Labour Conditions;
26.4.2 the Contractor shall,
26.4.2.1 within twenty four (24) hours immediately
following receipt of a direction from the
Architect/Engineer to do so, cause to have
removed from the site of the work any person or
persons whom the Architect/Engineer believes is
in breach of the Labour Conditions or of GC 26.3
above, as applicable, and
26.4.2.2 no later than thirty (30) days after receipt of
the direction, caused to have the necessary
action commenced to remedy the breach described
in the direction;
26.4.3 if a direction is issued pursuant to GC 26.4.2 above, Her
Majesty may withhold from monies that are due and payable to
the Contractor or set-off pursuant to this contract,
whichever is applicable, an amount representing the sum of
the costs and payment referred to in GC 26.4.4 and GC 26.4.5
below;
26.4.4 if the Contractor fails to proceed in accordance with GC 26.4.2.2
above, the Architect/Engineer shall take the necessary action
to:
26.4.4.1 have the breach remedied; and
26.4.4.2 determine all supplementary costs incurred by
Her Majesty;
26.4.5 Her Majesty may make a payment directly to the complainant
from monies that are due and payable to the Contractor upon
receipt from the complainant of:
26.4.5.1 a written award issued pursuant to the federal
Commercial Arbitration Act, R.S., 1985, c. C-34.6;
or
26.4.5.2 a written award issued pursuant to the Canadian
Human Rights Act, R.S., 1985, c. H-6; or
26.4.5.3 a written award issued pursuant to provincial
or territorial human rights legislation; or
26.4.5.4 a judgement issued by a court of competent
jurisdiction.
26.4.6 if the Architect/Engineer is of the opinion that the
Contractor has breached any of the provisions of GC 26, the
Minister may terminate the contract pursuant to the
termination provisions of this contract.
26.4.7 the Contractor shall ensure that the provisions of this
General Condition are included in all contracts issued as a
consequence of this work.
GC 27 (01/12/00) Certification - Contingency Fees
27.1 The Contractor certifies that it has not directly or indirectly paid
or agreed to pay and covenants that it will not directly or
indirectly pay or agree to pay a contingency fee for the
solicitation, negotiation or obtaining of this contract to any
person other than an employee acting in the normal course of the
employee's duties.
27.2 All accounts and records pertaining to payments of fees or other
compensation for the solicitation, obtaining or negotiation of the
Contract shall be subject to the accounts and audit provisions of
the Contract.
27.3 If the Contractor certifies falsely under this section or is in
default of the obligations contained therein, the Minister may
either take the work out of the Contractor's hands in accordance
with the provisions of the Contract or recover from the Contractor
by way of reduction to the Contract amount or otherwise the full
amount of the contingency fee.
27.4 In this section:
27.4.1 "contingency fee" means any payment or other compensation
that is contingent upon or is calculated upon the basis of a
degree of success in soliciting or obtaining a government
contract or negotiating the whole or any part of its terms;
27.4.2 "employee" means a person with whom the contractor has an
employer/employee relationship;
27.4.3 "person" includes an individual or a group of individuals, a
corporation, a partnership, an organization and an
association and, without restricting the generality of the
foregoing, includes any individual who is required to file a
return with the registrar pursuant to section 5 of the
Lobbyist Registration Act, R.S. 1985 c.44 (4th Supplement) as
the same may be amended from time to time.
2001-05-25SupersededR0210DARCHIVED General Conditions - Minor Works
2000-12-01SupersededR0210DARCHIVED General Conditions - Minor Works
1998-02-16SupersededR0210DARCHIVED General Conditions - Minor Works
R0215D
Effective Date
Item Status
ID
Title
2006-06-16SupersededR0215DARCHIVED International Sanctions
Remarks – Recommended Use of SACC Item
Legal text for SACC item
1. Persons and companies 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 the 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
Contractor may request that the Contract be terminated in accordance
with GC41 of the General Conditions.
2003-12-12SupersededR0215DARCHIVED International Sanctions
2002-12-13SupersededR0215DARCHIVED International Sanctions
R0220D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0220DARCHIVED General Conditions
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings, Engineering Works, Open and General.
Legal text for SACC item
A GENERAL PROVISIONS
A1 Definitions
Average Bank Rate means the simple arithmetic mean of the Bank Rate
in effect at 4:00 p.m. Eastern Standard Time each day during the
calendar month which immediately precedes the calendar month in
which payment is made.
Bank Rate means the rate of interest established from time to time
by the Bank of Canada as the minimum rate at which it makes short
term advances to members of the Canadian Payments Association.
Canada, Crown, Her Majesty or the Government means Her Majesty the
Queen in right of Canada;
Construction Contract means a contract entered into between Canada
and a Contractor for the construction of the Project;
Construction Contract Award Price means the price at which a
Construction Contract is awarded to a Contractor;
Construction Cost Estimate means an anticipated amount for which a
Contractor will execute the construction of the Project;
Construction Cost Limit means that portion of the total amount of
Project funds which shall not be exceeded on construction of the
Project;
Consultant means the party identified in the Articles of Agreement
to perform the Consultant's Services under this Agreement, and
includes the officer or employee of the Consultant identified in
writing by the Consultant;
Contractor means a person, firm or corporation with whom Canada
enters, or intends to enter, into a Construction Contract;
Cost Plan means the allocation of proposed costs among the various
elements of the Project, as described in the Project Brief or Terms
of Reference;
Days means continuous calendar days, including weekends and
statutory public holidays;
Departmental Representative means the officer or employee of Canada
identified in writing by a duly authorized departmental officer to
perform the Departmental Representative's duties under this
Agreement;
Mediation is a process of dispute resolution in which a neutral
third party assists the parties involved in a dispute to negotiate
their own settlement;
Minister includes a person acting for, or if the office is vacant,
in place of, the Minister of Public Works and Government Services
and the Minister's successors in the office. Minister also includes
the Minister's lawful deputy and any of the ministers or their
representatives appointed for the purpose of this Agreement;
Payroll Cost means the actual cost of any person employed by the
Consultant or the Consultant's Sub-Consultants as a staff member,
including principals employed as staff members, and includes an
amount for salary, statutory holidays, vacations with pay,
unemployment insurance premiums and worker's compensation
contributions where applicable, pension plan contributions, sick
time allowance, medical/dental insurance premiums, and such other
employee benefits as may be approved by the Departmental
Representative;
Project Brief or Terms of Reference means a document describing in
sufficient detail the Services to be provided by the Consultant to
permit the Consultant to proceed with the Services and may include
general project information, scope of the work, site and design data,
and time plan, specifically related to the Project;
Project Schedule means a time plan, including the sequence of tasks,
milestone dates and critical dates which must be met for the
implementation of the planning, design and construction phases of
the Project;
Service(s) means the Consultant Services and Project Services as set
forth in this Agreement;
Specialist Consultant means any Architect, Professional Engineer, or
other specialist, other than the Consultant, engaged by Canada
directly or, at the specific request of Canada, engaged by the
Consultant for "Additional Services";
Sub-Consultant means any Architect, Professional Engineer, or other
specialist engaged by the Consultant for the Services included in
this Agreement;
Technical Documentation includes designs, reports, photographs,
physical models, surveys, drawings, specifications, computer
software developed for the purpose of the Project, computer
printouts, design notes, calculations, CADD (Computer-aided Design
and Drafting) files, and other data, information and material,
prepared, computed, drawn, or produced and operating and maintenance
manuals either prepared or collected for the Project.
A2 Interpretations
1. Words importing the singular only also include the plural, and vice
versa, where the context requires;
2. Headings or notes in this Agreement shall not be deemed to be part
thereof, or be taken into consideration in its interpretation;
3. "Herein", "hereby", "hereof", "hereunder" and similar expressions
refer to this Agreement as a whole and not to any particular
subdivision or part thereof.
A3 Successors and Assigns
This Agreement shall inure to the benefit of, and be binding upon,
the parties hereto and their lawful heirs, executors, administrators,
successors and assigns.
A4 Assignment
1. This Agreement shall not be assigned, in whole or in part, by the
Consultant without the prior consent of the Minister. After a
request for assignment has been received from the Consultant, a
decision shall be given by the Minister to the Consultant in a
timely manner.
2. An assignment of this Agreement without such consent shall not
relieve the Consultant from any obligation under this Agreement, or
impose any liability upon Canada or the Minister.
A5 Administration
Canada shall not transfer the administration of this Agreement to
another federal department or agency without giving prior notice to
the Consultant.
A6 Indemnification
1. The Consultant shall indemnify and save harmless Canada, its
employees and agents, from losses arising out of the errors,
omissions or negligent acts of the Consultant, its employees and
agents, in the performance of the Services under this Agreement.
2. The Consultant's liability to indemnify or reimburse Canada under
this Agreement shall not affect or prejudice Canada from exercising
any other rights under law.
A7 Notices
1. Any notice, request, direction, consent, decision, or other
communication that is required to be given or made by either party
pursuant to this Agreement, shall be in writing, and shall be deemed
to have been effectively given when:
(a) served personally, on the day it is delivered;
(b) forwarded by registered mail, on the day the postal receipt
is acknowledged by the other party; or
(c) forwarded by facsimile or other electronic means of
transmission, one working day after it was transmitted.
2. The address of either party, or the person authorized to receive
notices, may be changed by notice in the manner set out in this
provision.
A8 Suspension
1. The Departmental Representative may require the Consultant to
suspend the Services being provided, or any part thereof, for a
specified or unspecified period.
2. If a period of suspension does not exceed sixty (60) days and when
taken together with other periods of suspension does not exceed
ninety (90) days, the Consultant shall, upon the expiration of that
period, resume the performance of the Services in accordance with
the terms of this Agreement, subject to any agreed adjustment of the
time schedule as referred to in C2.
3. If a period of suspension exceeds sixty (60) days or when taken
together with other periods of suspension, the total exceeds ninety
(90) days, and:
(a) the Departmental Representative and the Consultant agree that
the performance of the Services shall be continued, then the
Consultant shall resume performance of the Services, subject
to any terms and conditions agreed upon by the Departmental
Representative and the Consultant, or
(b) the Departmental Representative and the Consultant do not
agree that the performance of the Services shall be continued,
then this Agreement shall be terminated by notice given by
the Minister to the Consultant, in accordance with the terms
of A9.
4. Suspension costs related to this clause are as outlined in B7.
A9 Termination
The Minister may terminate this Agreement at any time, and the fees
paid to the Consultant shall be in accordance with the relevant
provisions in B8.
A10 Taking the Services Out of the Consultant's Hands
1. The Minister may take all or any part of the Services out of the
Consultant's hands and may employ reasonable means necessary to
complete such Services in the event that:
(a) the Consultant has become insolvent or has committed an act
of bankruptcy, and has neither made a proposal to the
Consultant's creditors nor filed a notice of intention to
make such a proposal, pursuant to the Bankruptcy and
Insolvency Act, or
(b) the Consultant fails to perform any of the Consultant's
obligations under this Agreement or, in the Minister's
opinion, so fails to make progress as to endanger performance
of this Agreement, in accordance with its terms.
2. If the Consultant has become insolvent or has committed an act of
bankruptcy, and has either made a proposal to the Consultant's
creditors or filed a notice of intention to make such a proposal,
pursuant to the Bankruptcy and Insolvency Act, the Consultant shall
immediately forward a copy of the proposal or the notice of
intention to Canada.
3. Before the Services or any part thereof are taken out of the
Consultant's hands under A10.1(b), the Departmental Representative
shall provide notice to the Consultant, and may require such failure
of performance or progress to be corrected. If within fourteen (14)
days after receipt of such notice such default shall not have been
corrected or corrective action initiated to correct such fault, the
Minister may, by notice, without limiting any other right or remedy,
take all or any part of the Services out of the Consultant's hands.
4. If the Services or any part thereof have been taken out of the
Consultant's hands, the Consultant shall be liable for, and upon
demand pay to Canada, an amount equal to all loss and damage
suffered by Canada by reason of the non-completion of the Services
by the Consultant.
5. If the Consultant fails to pay on demand for the loss or damage as a
result of A10.4, Canada shall be entitled to deduct and withhold the
same from any payments due and payable to the Consultant.
6. If the Services or any part thereof are taken out of the Consultant'
s hands as a result of A10.1(b) and A10.3, the amount referred to in
A10.5 shall remain in the Consolidated Revenue Fund until an
Agreement is reached or a decision of a court or tribunal is
rendered. At that time the amount, or any part of it, which may
become payable to the Consultant shall be paid together with
interest from the due date referred to in B2 and in accordance with
the terms of this Agreement.
7. The taking of the Services, or any part thereof, out of the
Consultant's hands does not relieve or discharge the Consultant from
any obligation under this Agreement, or imposed upon the Consultant
by law, in respect to the Services or any part thereof that the
Consultant has performed.
A11 Records to be Kept by the Consultant
1. The Consultant shall keep accurate time sheets and cost records and,
if required for the purposes of this Agreement, shall make these
documents available at reasonable times to the Departmental
Representative who may make copies and take extracts therefrom.
2. The Consultant shall afford facilities for audit and inspection at
mutually agreeable times and at places where the relevant documents
are located, and shall provide the Departmental Representative with
such information as the Minister may from time to time require with
reference to the documents referred to in A11.1.
3. The Consultant shall, unless otherwise specified, keep the time
sheets and cost records available for audit and inspection for a
period of at least two (2) years following completion of the
Services.
A12 National or Departmental Security
1. If the Departmental Representative is of the opinion that the
Project is of a class or kind that involves national or departmental
security, the Consultant may be required:
to provide any information concerning persons employed for
purposes of this Agreement unless prohibited by law;
(b) to remove any person from the Project and its site if that
person cannot meet the prescribed security requirements; and
(c) to retain the Project Technical Documentation while in the
Consultant's possession in a manner specified by the
Departmental Representative.
2. If the Project is of a class or kind that involves national or
departmental security, the Consultant shall not issue, disclose,
discard or use the Project Technical Documentation on another
project without the written consent of the Departmental
Representative.
A13 Copyright and Reuse of Documents
1. Except as otherwise specified in the Supplementary Conditions any
copyright in any and all documents which are instruments of the
Services for this Project, and are prepared by or under the
direction of the Consultant, shall belong to the Consultant.
2. Canada may, after consultation with the Consultant, reuse for
another Project the documents referred to in A13.1, and shall pay to
the Consultant for such reuse an appropriate fee based on current
practice.
A14 Conflict of Interest
1. The Consultant declares that the Consultant has no pecuniary
interest in the business of any third party that would cause, or
seem to cause, a conflict of interest in carrying out the Services,
and should such an interest be acquired during the life of this
Agreement, the Consultant shall declare it immediately to the
Departmental Representative.
2. The Consultant shall not have any tests or investigations carried
out by any persons, firms, or corporations, that may have a direct
or indirect financial interest in the results of those tests or
investigations.
3. The Consultant shall not submit, either directly or indirectly, a
bid for any Construction Contract related to the Project.
4. 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 this Agreement.
A15 Status of Consultant
1. The Consultant is engaged under this Agreement as an independent
Consultant for the sole purpose of providing Services.
2. Neither the Consultant nor any of the Consultant's employees shall
be regarded as employees or agents of Canada.
3. The Consultant, as employer, agrees to be solely responsible for any
and all payments and deductions required to be made by law,
including those required for Canada or Québec Pension Plans,
Unemployment Insurance, Worker's Compensation, and Income Tax.
A16 Declaration by Consultant
1. The Consultant declares that:
(a) based on the information provided pertaining to the Services
required under this Agreement, the Consultant has been
provided sufficient information by the Departmental
Representative to enable the Services required under this
Agreement to proceed and is competent to perform the Services
and has the necessary licences and qualifications including
the knowledge, skill and ability to perform the Services;
(b) the quality of Services to be provided by the Consultant
shall be consistent with generally accepted professional
standards and principles.
A17 Insurance
The Consultant shall obtain and maintain professional liability
insurance coverage for the Services required under this Agreement,
and supplementary liability insurance specifically described in the
Agreement Particulars and Supplementary Conditions if applicable,
and shall, if required, furnish evidence satisfactory to the
Departmental Representative of such insurance and any renewals
thereof.
A18 Resolution of Disagreements
1. In the event of a disagreement regarding any aspect of the Services
or any instructions given under this Agreement:
(a) the Consultant may give a notice of disagreement to the
Departmental Representative. Such notice shall be promptly
given and contain the particulars of the disagreement, any
changes in time or amounts claimed, and reference to the
relevant clauses of the Agreement;
(b) the Consultant shall continue to perform the Services in
accordance with the instructions of the Departmental
Representative; and
(c) the Consultant and the Departmental Representative shall
attempt to resolve the disAgreement by negotiations conducted
in good faith. The negotiations shall be conducted, first, at
the level of the Consultant's project representative and the
Departmental Representative and, secondly and if necessary,
at the level of a principal of the Consultant firm and a
senior departmental manager.
2. The Consultant's continued performance of the Services in accordance
with the instructions of the Departmental Representative shall not
jeopardize the legal position of the Consultant in any disagreement.
3. If it was subsequently agreed or determined that the instructions
given were in error or contrary to the Agreement, Canada shall pay
the Consultant those fees the Consultant shall have earned as a
result of the change(s) in the Services provided, together with
those reasonable disbursements arising from the change(s) and which
have been authorized by the Departmental Representative.
4. The fees mentioned in A18.3 shall be calculated in accordance with
the Terms of Payment set out in this Agreement.
5. If the disagreement is not settled, the Consultant may make a
request to the Departmental Representative for a written
departmental decision and the Departmental Representative shall give
notice of the departmental decision within fourteen (14) days of
receiving the request, setting out the particulars of the response
and any relevant clauses of the Agreement.
6. Within fourteen (14) days of receipt of the written departmental
decision, the Consultant shall notify the Departmental
Representative if the Consultant accepts or rejects the decision.
7. If the Consultant rejects the departmental decision, the Consultant,
by notice may refer the disagreement to Mediation.
8. If the disagreement is referred to Mediation, the Mediation shall be
conducted with the assistance of a skilled and experienced mediator
chosen by the Consultant from a list of mediators proposed by the
Minister, and departmental Mediation procedures shall be used unless
the parties agree otherwise.
9. Negotiations conducted under this Agreement, including those
conducted during Mediation, shall be without prejudice.
A19 Members of House of Commons
1. No member of the House of Commons shall be admitted to any share or
part of this Agreement, or to any benefit that may arise therefrom.
A20 Amendments
This Agreement may not be amended, or modified, nor shall any of its
terms and conditions be waived, except by Agreement in writing
executed by both parties.
A21 Entire Agreement
This Agreement constitutes the entire arrangement between the
parties with respect to the subject matter of the Agreement, and
supersedes all previous negotiations, communications and other
arrangements relating to it, unless incorporated by reference herein.
A22 Lobbyist Certification - Contingency Fees
1. The Consultant certifies that it has not directly or indirectly paid
or agreed to pay and covenants that it will not directly or
indirectly pay a contingency fee for the solicitation, negotiation
or obtaining of this Agreement to any person other than an employee
acting in the normal course of the employee's duties.
2. All accounts and records pertaining to payments of fees or other
compensation for the solicitation, obtaining or negotiation of the
Agreement shall be subject to the accounts and audit provisions of
the Agreement.
3. If the Consultant certifies falsely under this section or is in
default of the obligations contained therein, the Minister may
either take the work out of the Consultant's hands in accordance
with the provisions of the Agreement or recover from the Consultant
by way of reduction to the Basic Fee or otherwise the full amount of
the contingency fee.
4. In this clause,
"Contingency fee" means any payment or other compensation that is
contingent upon or is calculated upon the basis of a degree of
success in soliciting or obtaining a Government Agreement or
negotiating the whole or any part of its term.
"Employee" means a person with whom the Consultant has an employer/
employee relationship.
"Person" includes an individual or group of individuals, a
corporation, a partnership, an organization and an association and,
without restricting the generality of the foregoing, includes any
individual who is required to file a return with the registrar
pursuant to section 5 of the Lobbyist Registration Act, R.S. 1985 c.44
(4th Supplement) as the same may be amended from time to time.
A23 Non-discrimination in Hiring and Employment Practices
1. For the purpose of this Supplementary Condition, "person" includes
the Consultant, the Consultant's Sub-Consultants and other firms
forming the Consultant team, and their respective employees, agents,
licensees or invitees, and any other individual involved in the
performance of the work.
2. The Consultant shall not refuse to employ and will not discriminate
in any manner against any person because
(a) of that person's race, national origin, colour, religion, age,
sex or marital status,
(b) of the race, national origin, colour, religion, age, sex, or
marital status of any person having any relationship or
association with that person, or
(c) a complaint has been made or information has been given by or
in respect of that person relating to an alleged failure by
the Consultant to comply with A23.2(a) and A23.2(b) above.
3. Within two (2) working days immediately following receipt of a
written complaint pursuant to A23.2 above, the Consultant shall
(a) cause to have issued a written direction to the person or
persons named by the complainant to cease all actions that
form the basis of the complaint; and
(b) forward a copy of the complaint to the Departmental
Representative by registered mail.
4. Within twenty four (24) hours immediately following receipt of a
direction from the Departmental Representative to do so, the
Consultant shall cause to have removed from the Consultant team any
person or persons whom the Departmental Representative believes to
be in breach of the provisions of A23.2 above.
5. No later than thirty (30) days after receipt of the direction
referred to in A23.4 above, the Consultant shall cause the necessary
action to be commenced to remedy the breach described in the
direction.
6. If a direction is issued pursuant to A23.4 above, Canada may
withhold from monies that are due and payable to the Consultant an
amount representing the sum of the costs and payment referred to in
A23.8 and A23.9 below.
7. If the Consultant fails to proceed in accordance with A23.6 above,
the Departmental Representative shall take the necessary action to
have the breach remedied, and shall determine all supplementary
costs incurred as a result by Canada.
8. Canada may make a payment directly to the complainant from monies
that are due and payable to the Consultant upon receipt from the
complainant of:
(a) a written award issued pursuant to the federal Commercial
Arbitration Act, R.S., 1985, c. C-34.6; or
(b) a written award issued pursuant to the Canadian Human Rights
Act, R.S., 1985, c.H-6; or
(c) a written award issued pursuant to provincial or territorial
human rights legislation; or
(d) a judgment issued by a court of competent jurisdiction.
9. The Consultant shall be liable for and upon demand shall pay to
Canada the supplementary costs referred to in A23.8 If the
Consultant fails to make payment on demand, Canada may deduct the
same from any amount due and payable to the Consultant.
10. A payment made pursuant to A23.8 is, to the extent of the payment, a
discharge of Canada's liability to the Consultant under the terms of
the Agreement and may be deducted from any amount due and payable to
the Consultant.
11. If the Departmental Representative is of the opinion that the
Consultant has breached any of the provisions of this General
Condition, the Minister may take the work out of the Consultant's
hands pursuant to A10.
12. The Consultant shall ensure that the provisions of this General
Condition are included in all agreements and contractual
arrangements entered into as a consequence of this work.
A24 Supplementary Conditions
Supplementary Conditions, if required, shall be as described
elsewhere in this Agreement.
B TERMS OF PAYMENT
B1 Fees
1. The Consultant's fees shall be calculated and paid in accordance
with the fee arrangements identified herein.
2. The Consultant's fees are only payable when the Consultant has
performed the Services as determined by the Departmental
Representative. Payment in respect of a Service, or part of a
Service, is not to be deemed a waiver of Canada's rights of set-off
at law or under this Agreement for costs or expenses arising from
default or negligence of the Consultant.
B2 Payments to the Consultant
1. The Consultant shall be entitled to receive progress payments at
monthly or other agreed intervals, subject to the limitations of the
Calculation of Fees clause herein, if applicable. Such payments
shall be made not later than the due date. The due date shall be
the 30th day following receipt of a properly submitted invoice.
2. The properly submitted invoice shall be an invoice delivered to the
Departmental Representative in the agreed format with sufficient
detail and information to permit verification. The invoice shall
also identify, as separate items:
(a) the amount of the progress payment being claimed for Services
satisfactorily performed,
(b) the amount for any tax calculated in accordance with the
applicable federal legislation, and
(c) the total amount which shall be the sum of the amounts
referred to in B2.2(a) and B2.2(b).
3. The amount of the tax shown on the invoice shall be paid by Canada
to the Consultant in addition to the amount of the progress payment
for Services satisfactorily performed.
4. The Departmental Representative shall notify the Consultant within
fifteen (15) days after the receipt of an invoice of any error or
missing information therein. Payment shall be made not later than
thirty (30) days after receipt of the corrected invoice or the
required information.
5. Upon completion of each Service as described elsewhere in this
Agreement, provided at least one progress payment has been made, the
Consultant shall provide a Statutory Declaration evidencing that all
the Consultant's financial obligations for Services rendered to the
Consultant or on the Consultant's account, in connection with this
Agreement, have been satisfied, before any further payment is made.
6. Upon written notice by a Sub-Consultant, with whom the Consultant
has a direct contract, of an alleged non payment to the
Sub-Consultant, the Departmental Representative may provide the
Sub-Consultant with a copy of the latest approved progress payment
made to the Consultant for the Services.
7. Upon the satisfactory completion of all Services, the amount due,
less any payments already made, shall be paid to the Consultant not
later than thirty (30) days after receipt of a properly submitted
invoice, together with the Final Statutory Declaration in accordance
with B2.5.
B3 Delayed Payment
1. Subject to B3.4 below, if Canada delays in making a payment that is
due in accordance with B2, the Consultant will be entitled to
receive interest on the amount that is overdue for the period of
time as defined in B3.2 including the day previous to the date of
payment. Such date of payment shall be deemed to be the date on the
cheque given for payment of the overdue amount. An amount is
overdue when it is unpaid on the first day following the due date
described in B2.1.
2. Except as provided for in B3.4, interest shall be paid automatically
on all amounts that are not paid by the due date or fifteen (15)
days after the Consultant has delivered a Statutory Declaration in
accordance with B2.5 or B2.7, whichever is the later.
3. The rate of interest shall be the Average Bank Rate plus 3 percent
per year on any amount which is overdue pursuant to B3.1.
4. With respect to amounts which are less than fifteen (15) days
overdue, no interest shall be payable or paid if a payment is made
within the said fifteen (15) days unless the Consultant so demands
after such amounts have become due.
B4 Claims Against, and Obligations of, the Consultant
1. Canada may, in order to discharge lawful obligations of and satisfy
lawful claims against the Consultant by a Sub-Consultant, with whom
the Consultant has a direct contract, for Services rendered to, or
on behalf of, the Consultant, pay an amount from money that is due
and payable to the Consultant directly to the claimant Sub-
Consultant.
2. For the purposes of B4.1 a claim shall be considered lawful when it
is so determined
(a) by a court of legal jurisdiction, or
(b) by an arbitrator duly appointed to arbitrate the said claim,
or
(c) by a written notice delivered to the Departmental
Representative and signed by the Consultant authorizing
payment of the said claim or claims.
3. A payment made pursuant to B4.1 is, to the extent of the payment, a
discharge of Canada's liability to the Consultant under this
Agreement and will be deducted from any amount payable to the
Consultant under this Agreement.
4. B4.1 shall only apply to claims and obligations
(a) the notification of which has set forth the amount claimed to
be owing and a full description of the Services or a part of
the Services for which the claimant has not been paid. The
notification must be received by the Departmental
Representative in writing before the final payment is made to
the Consultant and within one hundred twenty (120) days of
the date on which the claimant
(1) should have been paid in full under the claimant's
Agreement with the Consultant where the claim is for
an amount that was lawfully required to be held back
from the claimant; or
(2) performed the last of the Services pursuant to the
claimant's Agreement with the Consultant where the
claim is not for an amount referred to in B4.4(a)(1),
and
(b) the proceedings to determine the right to payment of which
shall have commenced within one year from the date that the
notification referred to in B4.4(a) was received by the
Departmental Representative.
5. Canada may, upon receipt of a notification of claim referred to in
B4.4(a), withhold from any amount that is due and payable to the
Consultant pursuant to this Agreement the full amount of the claim
or any portion thereof.
6. The Departmental Representative shall notify the Consultant in
writing of receipt of any notification of claim and of the intention
of Canada to withhold funds pursuant to B4.5. The Consultant may,
at any time thereafter and until payment is made to the claimant,
post with Canada, security in a form acceptable to Canada in an
amount equal to the value of the said claim. Upon receipt of such
security Canada shall release to the Consultant any funds which
would be otherwise payable to the Consultant, that were withheld
pursuant to the provision of B4.5.
7. The Consultant shall discharge all lawful obligations and shall
satisfy all lawful claims against the Consultant for Services
rendered to, or on behalf of, the Consultant in respect of this
Agreement at least as often as this Agreement requires Canada to
discharge its obligations to the Consultant.
B5 No Payment for Errors and Omissions
The Consultant shall not be entitled to payment in respect of costs
incurred by the Consultant in remedying errors and omissions in the
Services that are attributable to the Consultant, the Consultant's
employees, or persons for whom the Consultant had assumed
responsibility in performing the Services.
B6 Payment for Changes and Revisions
Payment for any additional or reduced Services provided by the
Consultant and authorized by the Departmental Representative shall
be made in accordance with the terms of such authorization and these
Terms of Payment.
B7 Suspension Costs
1. During a period of suspension of the Services pursuant to A8, the
Consultant shall minimize all costs and expenses relating to the
Services that may occur during the suspension period.
2. Within fourteen (14) days of notice of such suspension, the
Consultant shall submit to the Departmental Representative a
schedule of costs and expenses, if any, that the Consultant expects
to incur during the period of suspension, and for which the
Consultant will request reimbursement.
3. Payment shall be made to the Consultant for those costs and expenses
that are substantiated as having been reasonably incurred during the
suspension period.
B8 Termination Costs
1. In the event of termination of this Agreement pursuant to A9, Canada
shall pay, and the Consultant shall accept in full settlement, an
amount based on these Terms of Payment, for Services satisfactorily
performed, plus an amount to compensate the Consultant for
reasonable costs and expenses, if any, that are related to the
Services not performed and incurred after the date of termination.
2. Within fourteen (14) days of notice of such termination, the
Consultant shall submit to the Departmental Representative a
schedule of costs and expenses incurred plus any additional costs
that the Consultant expects to incur after the date of termination,
and for which the Consultant will request reimbursement.
3. Payment shall be made to the Consultant for those costs and expenses
that are substantiated as having been reasonably incurred after the
date of termination.
B9 Disbursements
1. The following disbursements incurred by the Consultant, that are
related to the Services and approved by the Departmental
Representative, shall be reimbursed to the Consultant at actual cost:
(a) long distance telephone calls and facsimiles;
(b) copies of drawings, CADD files and specifications additional
to those specified in the Agreement Particulars clause herein;
(c) transportation costs for material samples and models, courier
and delivery charges;
(d) other disbursements made with the prior approval and
authorization of the Departmental Representative.
2. Disbursements for Project related travel and accommodation shall be
reimbursed in accordance with current Treasury Board Travel Policy.
3. Disbursements shall be Project related and shall not include
expenses that are related to the normal operation of the Consultant'
s business. The amounts payable, shall not exceed the amount
entered in the Agreement Particulars clause herein, without the
prior authorization of the Departmental Representative.
C CONSULTANT SERVICES AND DEPARTMENTAL RESPONSIBILITIES
C1 Services
The Consultant shall perform the Services described herein, in
accordance with the terms and conditions of this Agreement.
C2 Time Schedule
1. The Consultant shall:
(a) submit in a timely manner to the Departmental Representative,
for approval, a time schedule for the Services to be
performed, in detail appropriate to the size and complexity
of the Project, and in a format as requested by the
Departmental Representative;
(b) adhere to the approved time schedule and, if changes in the
approved time schedule become necessary, indicate the extent
of, and the reasons for such changes, and obtain the approval
of the Departmental Representative.
C3 Project Information, Decisions, Acceptances, Approvals
1. The Departmental Representative shall provide, in a timely manner,
project information, written decisions and instructions, including
acceptances and approvals relating to the Services provided by the
Consultant.
2. No acceptance or approval by the Departmental Representative,
whether expressed or implied, shall be deemed to relieve the
Consultant of the professional or technical responsibility for the
Services provided by the Consultant.
C4 Changes in Services
1. The Consultant shall:
(a) make changes in the Services to be provided for the Project,
including changes which may increase or decrease the original
scope of Services, when requested in writing by the
Departmental Representative; and
(b) prior to commencing such changes, advise the Departmental
Representative of any known and anticipated effects of the
changes on the Construction Cost Estimate, Consultant fees,
Project Schedule, and other matters concerning the Project.
C5 Codes, By-Laws, Licences, Permits
The Consultant shall comply with all statutes, codes, regulations
and by-laws applicable to the design and where necessary, shall
review the design with those public authorities having jurisdiction
in order that the consents, approvals, licences and permits required
for the project may be applied for and obtained.
C6 Provision of Staff
1. The Consultant shall, on request, submit to the Departmental
Representative for approval, the names, addresses, qualifications,
experience and proposed roles of all persons, including principals,
to be employed by the Consultant to provide the Services for the
Project and, on request, submit any subsequent changes to the
Departmental Representative for approval.
2. When fees are on a Payroll Cost basis, the Consultant shall submit
to the Departmental Representative, for approval, a statement of
Payroll Costs, and any amendments thereof, for all persons to be
employed by the Consultant to provide the Services for the Project.
C7 Sub-Consultants
1. The Consultant shall:
(a) notify the Departmental Representative of those
sub-consultants identified during the negotiations of this
Agreement with whom the Consultant will enter into Agreements
for part of the Services and, on request, provide details of
the terms, and Services to be performed under the said
Agreements and the qualifications and names of the personnel
of the Sub-
Consultants proposed to be employed on the Project;
(b) subsequent to this Agreement notify the Departmental
Representative of any other Sub-Consultants with whom the
Consultant intends to enter into Agreements for part of these
Services and, on request, provide details of the terms and
Services to be performed under the said Agreements and the
qualifications and names of the personnel of these
Sub-Consultants proposed to be employed on this Project;
(c) include in any Agreements entered into with sub-consultants
such provisions of this Agreement as they apply to the
Sub-Consultants' responsibilities; and
(d) upon written notice by a Sub-Consultant, with whom the
Consultant has a direct contract, inform the Sub-Consultant
of the Consultant's obligations to the Sub-Consultant under
this Agreement.
2. The Departmental Representative may object to any Sub-Consultant
within six (6) days of receipt of notification given in accordance
with C7.1(b) and, on notification of such objection, the Consultant
shall not enter into the intended Agreement with the Sub-Consultant.
3. Neither an Agreement with a Sub-Consultant nor the Departmental
Representative's consent to such an Agreement by the Consultant
shall be construed as relieving the Consultant from any obligation
under this Agreement, or as imposing any liability upon Canada.
C8 Cost Control
1. Throughout Project development, the Construction Cost Estimate
prepared by the Consultant shall not exceed the Construction Cost
Limit.
2. In the event that the Consultant considers that the Construction
Cost Estimate will exceed the Construction Cost Limit, the
Consultant shall notify the Departmental Representative, and
(a) if the excess is due to factors under the control of, or
reasonably foreseeable by the Consultant, the Consultant
shall, if requested by the Departmental Representative, and
at no additional cost to Canada, make such changes or
revisions to the design as may be necessary to bring the
Construction Cost Estimate within the Construction Cost Limit,
or
(b) if the excess is due to factors that are not under the
control of the Consultant, changes or revisions may be
requested by the Departmental Representative. Such changes
or revisions shall be undertaken by the Consultant at Canada'
s expense, and the cost involved shall become an amount to be
mutually agreed, prior to performance of the said changes or
revisions.
3. If the lowest price obtained by bid process or negotiation exceeds
the Construction Cost Limit, and if the excess is due to reasons
within the control of, or reasonably foreseeable by the Consultant,
the Consultant shall, if requested by the Departmental
Representative, and without additional charge, co-operate in
revising the Project scope and quality as required to reduce the
construction cost and shall modify the construction documents as
necessary to comply with the Construction Cost Limit.
C9 Additional Services
Additional Services, if required, shall be as described elsewhere in
this Agreement and shall be determined in the manner set out in the
"Calculation of Fees" and "Agreement Particulars" clauses.
R0300D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0300DARCHIVED Supplementary General Conditions
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings, Engineering Works and General.
Legal text for SACC item
1. Other Supplementary Conditions (as applicable)
_______
_______
R0301D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0301DARCHIVED Supplementary Conditions - Open
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Open.
Legal text for SACC item
1. Services
(a) This A&E Agreement - Open is for the acquisition of Services
to be performed by the Consultant for projects to be
designated from time to time by the Departmental
Representative.
(b) The Consultant agrees to provide only the Services required
under a Commitment for Services. The Commitment for Services
shall be provided by the Departmental Representative for the
designated project(s).
(c) The Commitment for Services shall be the written instructions
and any amendments, provided by the Departmental
Representative from time to time, describing, among other
things
(1) the Services to be provided
(2) the terms of payment agreed upon for such Services.
2. Term of this Agreement
This Agreement shall remain in effect until either party gives
notice that no further Services shall be required or performed, or
in the absence of such notice, until the expiration of two (2) years
from the date of this Agreement. In the event that Services
undertaken prior to the two (2) year expiry date are not fully
completed at the said expiry date, the Agreement will expire upon
completion of such Services, or upon notice from the Minister in
accordance with the provisions of General Conditions A1.9.
3. Statutory Declaration
Before final payment is made under each Commitment for Services, the
Consultant shall provide a Statutory Declaration evidencing that all
the Consultant's financial obligations in connection with the
Commitment for Services have been met.
4. Other Supplementary Conditions (if applicable)
______
______
R0400D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0400DARCHIVED A&E Agreement - Buildings
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
The following documents and any amendments relating thereto (referred to
herein as the "Agreement") form the Agreement between Canada and the
Consultant:
R0412D Articles of Agreement
R0425D Instructions and Conditions
R0220D General Conditions
A GENERAL PROVISIONS
A1 Definitions
A2 Interpretations
A3 Successors and Assigns
A4 Assignment
A5 Administration
A6 Indemnification
A7 Notices
A8 Suspension
A9 Termination
A10 Taking the Services out of the Consultant's Hands
A11 Records to be Kept by the Consultant
A12 National or Departmental Security
A13 Copyright and Reuse of Documents
A14 Conflict of Interest
A15 Status of Consultant
A16 Declaration by Consultant
A17 Insurance
A18 Resolution of Disagreements
A19 Members of House of Commons
A20 Amendments
A21 Entire Agreement
A22 Lobbyist Certification - Contingency Fees
A23 Non-discrimination in Hiring and Employment Practices
A24 Supplementary Conditions
B TERMS OF PAYMENT
B1 Fees
B2 Payments to the Consultant
B3 Delayed Payment
B4 Claims Against, and Obligations of, the Consultant
B5 No Payment for Errors and Omissions
B6 Payment for Changes and Revisions
B7 Suspension Costs
B8 Termination Costs
B9 Disbursements
C CONSULTANT SERVICES AND DEPARTMENTAL RESPONSIBILITIES
C1 Services
C2 Time Schedule
C3 Project Information, Decisions, Acceptances, Approvals
C4 Changes in Services
C5 Codes, By-Laws, Licences, Permits
C6 Provision of Staff
C7 Sub-Consultants
C8 Cost Control
C9 Additional Services
R0300D Supplementary Conditions
R1000D Basic Services
R1001D Analysis of Project Brief
R1002D Design Concept
R1003D Design Development
R1008D Documents, Estimate and Schedule
R1009D Tender Call, Evaluation & Contract Award
R1010D Construction and Contract Administration
R1011D Post-Construction Warranty Review
R1012D Modification to Basic Services
R1014D Additional Services
Bilingual Construction Documents
Resident Services During Construction
Other Additional Services
R2000D Calculation of Fees - Buildings
Fee Arrangement(s) for Basic Services
Payments for Basic Services
Fee Arrangement(s) for Additional Services
Payments for Additional Services
R2001D Agreement Particulars - Buildings
R0401D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0401DARCHIVED A&E Agreement - Engineering Works
Remarks – Recommended Use of SACC Item
Use the following clause in Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
The following documents and any amendments relating thereto (referred to
herein as the "Agreement") form the Agreement between Canada and the
Consultant:
R0412D Articles of Agreement
R0425D Instructions and Conditions
R0220D General Conditions
A GENERAL PROVISIONS
A1 Definitions
A2 Interpretations
A3 Successors and Assigns
A4 Assignment
A5 Administration
A6 Indemnification
A7 Notices
A8 Suspension
A9 Termination
A10 Taking the Services out of the Consultant's Hands
A11 Records to be Kept by the Consultant
A12 National or Departmental Security
A13 Copyright and Reuse of Documents
A14 Conflict of Interest
A15 Status of Consultant
A16 Declaration by Consultant
A17 Insurance
A18 Resolution of Disagreements
A19 Members of House of Commons
A20 Amendments
A21 Entire Agreement
A22 Lobbyist Certification - Contingency Fees
A23 Non-discrimination in Hiring and Employment Practices
A24 Supplementary Conditions
B TERMS OF PAYMENT
B1 Fees
B2 Payments to the Consultant
B3 Delayed Payment
B4 Claims Against, and Obligations of, the Consultant
B5 No Payment for Errors and Omissions
B6 Payment for Changes and Revisions
B7 Suspension Costs
B8 Termination Costs
B9 Disbursements
C CONSULTANT SERVICES AND DEPARTMENTAL RESPONSIBILITIES
C1 Services
C2 Time Schedule
C3 Project Information, Decisions, Acceptances, Approvals
C4 Changes in Services
C5 Codes, By-Laws, Licences, Permits
C6 Provision of Staff
C7 Sub-Consultants
C8 Cost Control
C9 Additional Services
R0300D Supplementary Conditions
R1004D Categories of Services
R1005D Terms of Reference and Conceptual Design
R1006D Preliminary Design
R1008D Documents, Estimate and Schedule
R1009D Tender Call, Evaluation & Contract Award
R1010D Construction and Contract Administration
R1011D Post-Construction Warranty Review
R1013D Modification to Categories of Services
R1014D Additional Services
Bilingual Construction Documents
Resident Services During Construction
Other Additional Services
R2002D Calculation of Fees - Engineering Works
Fee Arrangement(s) for Categories of Services
Payments for Categories of Services
Fee Arrangement(s) for Additional Services
Payments for Additional Services
R2003D Agreement Particulars - Engineering Works
R0402D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0402DARCHIVED A&E Agreement - General
Remarks – Recommended Use of SACC Item
Use the followling clause in the Architectural and Engineering Consultant Agreement - General.
Legal text for SACC item
The following documents and any amendments relating thereto (referred to
herein as the "Agreement") form the Agreement between Canada and the
Consultant:
R0412D Articles of Agreement
R0425D Instructions and Conditions
R0220D General Conditions
A GENERAL PROVISIONS
A1 Definitions
A2 Interpretations
A3 Successors and Assigns
A4 Assignment
A5 Administration
A6 Indemnification
A7 Notices
A8 Suspension
A9 Termination
A10 Taking the Services out of the Consultant's Hands
A11 Records to be Kept by the Consultant
A12 National or Departmental Security
A13 Copyright and Reuse of Documents
A14 Conflict of Interest
A15 Status of Consultant
A16 Declaration by Consultant
A17 Insurance
A18 Resolution of Disagreements
A19 Members of House of Commons
A20 Amendments
A21 Entire Agreement
A22 Lobbyist Certification - Contingency Fees
A23 Non-discrimination in Hiring and Employment Practices
A24 Supplementary Conditions
B TERMS OF PAYMENT
B1 Fees
B2 Payments to the Consultant
B3 Delayed Payment
B4 Claims Against, and Obligations of, the Consultant
B5 No Payment for Errors and Omissions
B6 Payment for Changes and Revisions
B7 Suspension Costs
B8 Termination Costs
B9 Disbursements
C CONSULTANT SERVICES AND DEPARTMENTAL RESPONSIBILITIES
C1 Services
C2 Time Schedule
C3 Project Information, Decisions, Acceptances, Approvals
C4 Changes in Services
C5 Codes, By-Laws, Licences, Permits
C6 Provision of Staff
C7 Sub-Consultants
C8 Cost Control
C9 Additional Services
R0300D Supplementary Conditions
R1015D Description of Required Services
R1016D Additional Services - General
Bilingual Construction Documents
Resident Services During Construction
R2006D Calculation of Fees - General
Fee Arrangement(s) for the Required Services
Payments Stages
R2007D Agreement Particulars - General
R0403D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0403DARCHIVED A&E Agreement - Open
Remarks – Recommended Use of SACC Item
Use the following clause in Architectural and Engineering Consultant Agreement - Open.
Legal text for SACC item
The following documents and any amendments relating thereto (referred to
herein as the "Agreement") form the Agreement between Canada and the
Consultant:
R0412D Articles of Agreement
R0425D Instructions and Conditions
R0220D General Conditions
A GENERAL CONDITIONS
A1 Definitions
A2 Interpretations
A3 Successors and Assigns
A4 Assignment
A5 Administration
A6 Indemnification
A7 Notices
A8 Suspension
A9 Termination
A10 Taking the Services out of the Consultant's Hands
A11 Records to be Kept by the Consultant
A12 National or Departmental Security
A13 Copyright and Reuse of Documents
A14 Conflict of Interest
A15 Status of Consultant
A16 Declaration by Consultant
A17 Insurance
A18 Resolution of Disagreements
A19 Members of House of Commons
A20 Amendments
A21 Entire Agreement
A22 Lobbyist Certification - Contingency Fees
A23 Non-descrimination in Hiring and Employment Practices
A24 Supplementary Conditions
B TERMS OF PAYMENT
B1 Fees
B2 Payments to the Consultant
B3 Delayed Payment
B4 Claims Against, and Obligations of, the Consultant
B5 No Payment for Errors and Omissions
B6 Payment for Changes and Revisions
B7 Suspension Costs
B8 Termination Costs
B9 Disbursements
C CONSULTANT SERVICES AND DEPARTMENTAL RESPONSIBILITIES
C1 Services
C2 Time Schedule
C3 Project Information, Decisions, Acceptances, Approvals
C4 Changes in Services
C5 Codes, By-Laws, Licences, Permits
C6 Provision of Staff
C7 Sub-Consultants
C8 Cost Control
C9 Additional Services
R0301D Supplementary Conditions - Open
Services
Term of this Agreement
Statutory Declaration
Other Supplementary Conditions
R1017D Services to be Provided
R2008D Calculation of Fees - Open
R2009D Agreement Particulars - Open
R0412D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR0412DARCHIVED Articles of Agreement
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings, Engineering Works, Open and General.
Legal text for SACC item
These Articles of Agreement made the _____ day of _____ 19 _____ ,
between
Canada, represented by the Minister of Public Works and Government Services
(referred to herein as the "Minister"),
and
_____ (referred to herein as the "Consultant").
For the following Project:
Title: _____
Location: _____
Description: _____ (referred to herein as the "Project").
Canada and the Consultant agree as follows:
1. SERVICES
The Consultant shall perform and complete the Services that are
described in this Agreement.
2. PAYMENT
(a) Subject to the terms and conditions of this Agreement, and in
consideration for the performance of the Services, Canada
shall pay to the Consultant a sum of money calculated in
accordance with the provisions of the Calculation of Fees and
Agreement Particulars.
(b) The maximum amount payable under this Agreement, including
fees and disbursements, shall not exceed the sum specified in
the Agreement Particulars, without the prior written
authorization of the Departmental Representative.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the day and year first above written.
EXECUTED IN THE PRESENCE OF:
CONSULTANT WITNESS
____________________ ____________________
Signature Signature
____________________
(Print name of signatory)
____________________
(Print capacity of signatory)
_____________________ ____________________
Signature Signature
____________________
(Print name of signatory)
_____________________
(Print capacity of signatory)
On behalf of Canada
____________________
Signature
____________________
(Print name of the officer)
_______________________
(Print capacity of the officer)
_____________________
Signature
_____________________
(Print name of the officer)
______________________
(Print capacity of the officer)
R0425D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR0425DARCHIVED Standard Instructions and Conditions
Remarks – Recommended Use of SACC Item
Use the following clause in Architectural Engineering and Consultant Agreements - Buildings, Engineering Works, Open and General.
Legal text for SACC item
All instructions, clauses and conditions identified in the bid solicitation by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada (PWGSC). The Manual is available on the PWGSC Website: http://sacc.pwgsc.gc.ca /sacc/index-e.jsp. Proponents who submit a proposal agree to be bound by the instructions, clauses and conditions of this bid solicitation and accept the clauses and conditions of the resulting contract. Pursuant to the Department of Public Works and Government Services Act, S.C. 1996, c. 16, the instructions, clauses and conditions identified in the bid solicitation and resulting contract by number, date and title are incorporated by reference into and form part of the bid solicitation and resulting contract as though expressly set out in the bid solicitation and resulting contract.
2004-05-14SupersededR0425DARCHIVED Standard Instructions and Conditions
2003-05-30SupersededR0425DARCHIVED Standard Instructions and Conditions
2002-12-13SupersededR0425DARCHIVED Standard Instructions and Conditions
2002-05-24SupersededR0425DARCHIVED Standard Instructions and Conditions
2001-12-10SupersededR0425DARCHIVED Standard Instructions and Conditions
2001-05-25SupersededR0425DARCHIVED Standard Instructions and Conditions
2000-12-01SupersededR0425DARCHIVED Standard Instructions and Conditions
2000-05-12SupersededR0425DARCHIVED Standard Instructions and Conditions
1999-12-13SupersededR0425DARCHIVED Standard Instructions and Conditions
1999-06-21SupersededR0425DARCHIVED Standard Instructions and Conditions
1998-11-23SupersededR0425DARCHIVED Instructions and Conditions
1998-02-16SupersededR0425DARCHIVED Instructions and Conditions
R1000D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1000DARCHIVED Basic Services
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
1. Unless otherwise indicated in clauses R1012D, Modification to Basic
Services and R2001D, Agreement Particulars, this Agreement includes
the following Basic Services:
(a) Analysis of Project Brief
(b) Design Concept
(c) Design Development
(d) Construction Documents, Pre-Tender Construction Cost Estimate
and Project Schedule
(e) Tender Call, Bid Evaluation and Construction Contract Award
(f) Construction and Contract Administration
(g) Post-Construction Warranty Review
R1001D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1001DARCHIVED Analysis of Project Brief
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
The Consultant shall analyze the Project Brief and advise the Departmental Representative of any noted problems or the need for more information, clarification and direction.
R1002D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1002DARCHIVED Design Concept
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
1. The Consultant shall:
(a) submit to the Departmental Representative, design concept
documents in sufficient detail to illustrate the design
concept and to demonstrate compliance with the Project Brief;
(b) submit a preliminary Construction Cost Estimate, Cost Plan
and Project Schedule to confirm the feasibility of the
Project, and
(c) provide copies of all design concept documents in the type
and number specified in clause R2001D, Agreement Particulars.
R1003D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1003DARCHIVED Design Development
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
1. The Consultant shall, after acceptance of the design concept
documents, prepare and
(a) submit to the Departmental Representative, design development
documents in sufficient detail to define the size, intent and
character of the entire Project;
(b) submit an updated Construction Cost Estimate based on the
design development documents, and an updated Cost Plan and
Project Schedule; and
(c) provide copies of all design development documents in the
type and number specified in clause R2001D, Agreement
Particulars.
R1004D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1004DARCHIVED Categories of Service
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
1. Unless otherwise indicated in clause R1013D, Modification to
Categories of Services or clause R2003D, Agreement Particulars, this
Agreement includes the following Categories of Services:
(a) Analysis of Terms of Reference and Conceptual Design,
(b) Preliminary Design,
(c) Construction Documents, Pre-Tender Construction Cost Estimate
and Project Schedule,
(d) Tender Call, Bid Evaluation and Construction Contract Award,
(e) Construction and Contract Administration,
(f) Post-Construction Warranty Review.
R1005D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1005DARCHIVED Terms of Reference and Conceptual Design
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
1. The Consultant shall:
(a) analyze the Terms of Reference, and other relevant
information and advise the Departmental Representative of any
noted problems or the need for more information,
clarification and direction;
(b) study the potential site or sites and related site data and
identify any related issues;
(c) develop alternative conceptual designs for each potential
site, evaluate their feasibility and provide recommendations
including a preliminary Construction Cost Estimate and
Project Schedule for each alternative conceptual design;
(d) provide copies of all conceptual design documents in the type
and number specified in clause R2003D, Agreement Particulars.
R1006D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1006DARCHIVED Preliminary Design
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
1. The Consultant shall, after acceptance of the conceptual design,
prepare and
(a) submit to the Departmental Representative, preliminary design
documents in sufficient detail to illustrate the preliminary
design and to demonstrate compliance with the terms of
reference;
(b) submit a preliminary Construction Cost Estimate, Cost Plan
and Project Schedule to confirm the feasibility of the
project; and
(c) provide copies of all preliminary design documents in the
type and number specified in clause R2003D, Agreement
Particulars.
R1008D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1008DARCHIVED Documents, Estimate and Schedule
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings and Engineering Works. When this clause is used in Buildings requirements, insert "R2001D"; when used in Engineering Works requirements, insert "R2003D".
Legal text for SACC item
Construction Documents
1. The Consultant shall, after acceptance of the design development
documents, prepare and
(a) submit for review to the Departmental Representative
construction documents detailing the requirements for the
construction of the Project at each stage of production as
specified in clause ____, Agreements Particulars.
(b) submit an updated Cost Plan including a Construction Cost
Estimate and Project Schedule at each specified stage of
production;
(c) provide copies of all construction documents submitted, in
the type and number specified in clause _____.
Pre-Tender Construction Cost Estimate and Project Schedule
The Consultant shall prepare for tender call purposes and submit to the
Departmental Representative for acceptance a final Construction Cost
Estimate based on the approved construction documents, together with a
breakdown thereof, and an updated Project Schedule.
R1009D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1009DARCHIVED Tender Call, Evaluation & Contract Award
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings and Engineering Works.
Legal text for SACC item
Tender Call
1. Whereas the Departmental Representative shall be responsible for the
production of the required number of copies of the tender documents,
and for such other documents as are necessary for tender call
purposes, the Consultant shall, after acceptance of the final
submission of the construction documents, provide, in a manner
satisfactory to the Departmental Representative, one (1) complete
set of the approved working drawings on mylar or similar material,
suitable for reproduction and microfilming, and two (2) sets of the
approved specifications, one set to be suitable for reproduction and
the other set to be properly bound and covered. The Consultant
shall, on request:
(a) provide the Departmental Representative with information
required for interpretation and clarification of the
construction documents;
(b) assist in the evaluation and approval of equivalent
alternative materials, methods and systems;
(c) assist with the preparation of addenda;
(d) attend job or site showings as required.
Bid Evaluation and Construction Contract Award
1. Whereas the Departmental Representative shall be responsible for
assembling and issuing tender documents and arranging for the
receipt of tenders and awarding of the Construction Contract, the
Consultant shall, on request:
(a) review and evaluate the bids received for the construction of
the Project, and advise on their relative merits;
(b) provide information to support price negotiations.
R1010D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1010DARCHIVED Construction and Contract Administration
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings and Engineering Works.
Legal text for SACC item
Construction Schedule
1. The Consultant shall:
(a) as soon as practical after the award of the Construction
Contract, request from the Contractor a detailed construction
schedule, and, after review for conformity with the Project
Schedule, forward two (2) copies of the construction schedule
to the Departmental Representative;
(b) monitor and report to the Departmental Representative the
progress of the construction; and
(c) notify the Departmental Representative of any known and
anticipated delays which may affect the completion date of
the Project, and keep accurate records of the causes of
delays.
2. The Departmental Representative shall evaluate all requests from the
Contractor for time extensions, and shall issue directions to the
Contractor and the Consultant.
Construction Meetings
1. The Consultant shall:
(a) advise the Contractor to hold and attend construction
meetings as required by the Construction Contract;
(b) advise the Departmental Representative of the dates and times
of the proposed meetings;
(c) attend all such meetings;
(d) maintain a record of the proceedings of such meetings and
provide the Departmental Representative with a copy thereof.
Clarification and Interpretation
The Consultant shall provide clarification and interpretation of the
construction documents in written or graphic form, to the Contractor for
the proper execution and progress of the construction as and when necessary.
Shop Drawings
1. The Consultant shall:
(a) specify in the construction documents the shop drawings that
are to be submitted by the Contractor;
(b) review in a timely manner the shop drawings provided by the
Contractor to determine conformity with the general concept
and intent of the construction documents and indicate to the
Contractor such conformance with the general concept or lack
thereof;
(c) provide the Departmental Representative with one (1) copy
when such conformity is confirmed.
Testing and Inspection
1. The Consultant shall:
(a) recommend the need for, and review, test reports of materials
or construction;
(b) recommend quality assurance testing to be undertaken during
construction, evaluate the results and advise the
Departmental Representative accordingly;
(c) request the Contractor to take remedial action when observed
material or construction fails to comply with the
requirements of the Construction Contract, and advise the
Departmental Representative accordingly;
(d) specify in the construction documents product and performance
testing to be undertaken by the Contractor.
Site Visits
1. The Consultant shall:
(a) make visits to the site to determine, on an adequate sampling
basis, whether this work is in conformity with the
construction documents;
(b) record and report to the Departmental Representative on the
progress, non-conformities and deficiencies observed during
each site visit, and provide the Contractor with written
progress reports and lists of deficiencies observed;
(c) recommend the action to be taken.
Changes to Construction Contract
1. The Consultant shall:
(a) submit all requests and recommendations for changes to the
Construction Contract and their implications to the
Departmental Representative for approval;
(b) obtain quotations from the Contractor for contemplated
changes, review the prices for acceptability, assess the
effect on construction progress, and submit recommendations
to the Departmental Representative.
2. The Departmental Representative shall issue Change Orders for all
approved changes.
Contractor's Progress Claims
1. The Consultant shall:
(a) request from the Contractor a cost breakdown of the
Construction Contract Award Price in detail appropriate to
the size and complexity of the Project, or as may otherwise
be specified in the Construction Contract, and submit the
cost breakdown to the Departmental Representative prior to
the Contractor's first progress claim;
(b) examine progress claims in a timely manner and, if acceptable,
certify the progress claims for work completed and materials
delivered pursuant to the Construction Contract, and submit
them to the Departmental Representative for approval and
processing; and
(c) if the construction is based on unit prices, measure and
record the quantities of labour, materials and equipment
involved for the purpose of certifying progress claims.
Interim Completion of the Project
1. The Consultant shall:
(a) review the construction with the Departmental Representative
and the Contractor, and record all unacceptable and
incomplete work detected;
(b) request from the Contractor, review for completeness and
adequacy and provide the Departmental Representative with,
all operation and maintenance manuals and any other documents
or items to be provided by the Contractor, in accordance with
the Construction Contract;
(c) prepare and submit to the Departmental Representative for
approval and processing, and as a basis for payment to the
Contractor, an Interim Certificate of Completion as required
by the Construction Contract, together with supporting
documents properly signed and certified.
As-built and Record Drawings
1. The Consultant shall, before issuance of the Final Certificate of
Completion:
(a) prepare and provide the Departmental Representative with a
complete set of record drawings of the type and number as
specified in clause R2001D, Agreement Particulars;
(b) verify that record drawings are suitable for microfilming,
incorporating all recorded changes to the original working
drawings based on as-built prints, drawings and other
information provided by the Contractor, together with change
orders and site instructions;
(c) verify that record drawings are labelled "Record", dated and
signed by the Consultant, and provide also a marked-up copy
of the specifications recording changes related thereto.
Final Completion of the Project
1. The Consultant shall:
(a) advise the Departmental Representative when the construction
has been completed in general conformity with the
Construction Contract;
(b) make a final review of the construction with the Departmental
Representative and the Contractor and, if satisfactory,
prepare and submit to the Departmental Representative for
approval and final payment to the Contractor, a Final
Certificate of Completion as required by the Construction
Contract, together with supporting documents properly signed
and certified, including manufacturers' and suppliers'
warranties.
R1011D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1011DARCHIVED Post-Construction Warranty Review
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings and Engineering Works.
Legal text for SACC item
1. The Consultant shall:
(a) review if requested, during the Contractor's warranty period,
any defects reported by the Departmental Representative;
(b) thirty (30) days prior to the expiry of any warranty period,
visit the site, and record any defects observed or reported;
(c) at the end of any warranty period, carry out a final review
of the Project and report to the Departmental Representative
the status of defects. If the Departmental Representative
accepts the rectification of the defects, a notice of "Final
Warranty Inspection" shall be issued to the Contractor.
R1012D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1012DARCHIVED Modification to Basic Services
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
The Basic Services are modified as follows: _____.
R1013D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1013DARCHIVED Modification to Categories of Service
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
The Categories of Services are modified as follows: _____.
R1014D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1014DARCHIVED Additional Services
Remarks – Recommended Use of SACC Item
Use this clause in Architectural and Engineering Consultant Agreements - Buildings and Engineering Works. When this clause is used for Buildings requirements, insert "R2001D"; when used for Engineering Works requirements, insert "R2003D".
Legal text for SACC item
Bilingual Construction Documents Yes: _____ No: _____
1. The Consultant shall:
(a) provide construction documents in Canada's two Official
Languages;
(b) affix a professional seal to both language versions of the
construction documents.
2. The total amount payable for the production of bilingual
construction documents shall not exceed the amount entered in clause _____,
Agreement Particulars, without the prior authorization of the
Departmental Representative.
Resident Services During Construction Yes: _____ No: _____
1. In addition to the site visits during construction referred to in
clause R1010D, Construction and Contract Administration, the
Consultant shall:
(a) provide continuous resident site inspection, compile and
maintain up-to-date records of execution of the work;
(b) co-ordinate the provision of services for the inspection,
testing and evaluation of suitability of materials and
equipment in compliance with the Construction Contract;
(c) maintain and keep available for examination by the
Departmental Representative an up-to-date record showing the
number of persons and items of equipment employed from time
to time on the Project by the Contractor and provide
information necessary to assess the progress, determine the
cause of any delays and verify any claims;
2. The total amount payable for the resident services during
construction shall not exceed the amount entered in clause _____,
without prior authorization of the Departmental Representative.
Other Additional Services
1. If applicable, the Consultant shall provide other additional
services that may be required, such as pre-design, specialist
consultant(s), co-ordination, sequential tendering, etc., as
described below.
2. The total amount payable for other additional services shall not
exceed the amount entered in clause _____, without prior authorization
of the Departmental Representative.
R1015D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1015DARCHIVED Description of Required Services
Remarks – Recommended Use of SACC Item
Use the following clause in the Architectural and Engineering Consultant Agreement - General.
Legal text for SACC item
Required Services to be provided: _____.
R1016D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1016DARCHIVED Additional Services - General
Remarks – Recommended Use of SACC Item
Use the following clause in the Architectural and Engineering Consultant Agreement - General.
Legal text for SACC item
Bilingual Construction Documents Yes:_____ No:_____
1. The Consultant shall:
(a) provide construction documents in Canada's two Official
Languages;
(b) affix a professional seal to both language versions of the
construction documents.
2. The total amount payable for the production of bilingual
construction documents shall not exceed the amount entered in clause
R2007D, Agreement Particulars, without the prior authorization of
the Departmental Representative.
Resident Services During Construction Yes: _____ No: _____
1. The Consultant shall:
(a) provide continuous resident site inspection, compile and
maintain up-to-date records of execution of the work;
(b) co-ordinate the provision of services for the inspection,
testing and evaluation of suitability of materials and
equipment in compliance with the Construction Contract;
(c) maintain and keep available for examination by the
Departmental Representative an up-to-date record showing the
number of persons and items of equipment employed from time
to time on the Project by the Contractor and provide
information necessary to assess the progress, determine the
cause of any delays and verify any claims;
2. The total amount payable for the resident services during
construction shall not exceed the amount entered in clause R2007D,
without prior authorization of the Departmental Representative.
R1017D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR1017DARCHIVED Services to be Provided
Remarks – Recommended Use of SACC Item
Use the following clause in the Architectural and Engineering Consultant Agreement - Open.
Legal text for SACC item
1. The Departmental Representative shall provide a Commitment for
Services describing the Services to be performed by the Consultant.
2. The Consultant shall carry out the said Services within such time
and cost limits as may be stipulated in the Commitment for Services
or other contract documents.
R1110T
Effective Date
Item Status
ID
Title
2022-01-28ActiveR1110TGeneral Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
Remarks – Recommended Use of SACC Item
Use the following clause in Two Phase RFP .
Legal text for SACC item
- GI1 Integrity provisions—proposal
- GI2 Definitions
- GI3 Overview of selection procedure
- GI4 Procurement Business Number
- GI5 Responsive proposals
- GI6 Completion of submission
- GI7 Proposal price
- GI8 Communications—solicitation period
- GI9 Limitation of submissions
- GI10 Licensing requirements
- GI11 Rejection of proposal
- GI12 Not applicable
- GI13 Insurance requirements
- GI14 Joint venture
- GI15 Composition of Consultant Team
- GI16 Submission of proposal
- GI17 Late submissions
- GI18 Revision of proposal
- GI19 Acceptance of proposal
- GI20 Legal capacity
- GI21 Debriefing
- GI22 Financial capability
- GI23 Performance evaluation
- GI24 Proposal costs
- GI25 Conflict of interest—unfair advantage
- GI26 Limitation of liability
- GI27 Code of Conduct for Procurement—proposal
R1110T GI1 (2016-04-04) Integrity provisions—proposal
- The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Proponent must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
- Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier sub-consultants, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
- In addition to all other information required in the bid solicitation, the Proponent must provide the following:
- by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
- with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier sub-consultants that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
- Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Proponent certifies that:
- it has read and understands the Ineligibility and Suspension Policy;
- it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
- it is aware that Canada may request additional information, certifications, and validations from the Proponent or a third party for purposes of making a determination of ineligibility or suspension;
- it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier sub-consultants that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
- none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier sub-consultants; and
- it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
- Where a Proponent is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
- Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Proponent provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Proponent to be ineligible for award of a contract for providing a false or misleading certification or declaration.
R1110T GI2 (2016-01-28) Definitions
In this Request for Proposal (RFP), the following words or phrases have the corresponding meaning.
- "Applicable Taxes":
- The Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013.
- "Consultant Team":
- The team of consultants, specialists and subconsultants, including the Proponent, proposed by the Proponent to perform the services required.
- "Key Personnel":
- Staff of the Proponent, subconsultants and specialists proposed to be assigned to this project.
- "Phase One Rating":
- A rating assigned to a proposal in the first phase of the selection procedure, the rating being based on the qualifications and experience of the Consultant Team. The rating is subsequently used to establish a Phase One Score for inclusion as a percentage of the total score to be established following the evaluation and rating of proposals submitted in Phase Two.
- "Phase Two Technical Rating":
- A rating assigned to the technical component of a proposal in the second phase of the selection procedure and subsequently used to establish a Technical Score for inclusion as a percentage of the total score to be established following the evaluation and rating of proposals submitted in Phase Two.
- "Price Rating":
- A rating assigned to the price proposal component of a proposal in the second phase of the selection procedure and subsequently used to establish a Price Score for inclusion as a percentage of the total score to be established following the evaluation and rating of proposals submitted in Phase Two.
- "Proponent":
- The person or entity (or, in the case of a joint venture, the persons or entities) which submits a proposal. It does not include the parent, subsidiaries or other affiliates of the Proponent, or its sub-consultants.
- "PWGSC Evaluation Board":
- The board established to evaluate and rate proposals. Board members represent a broad cross-section of professional qualifications and experience.
R1110T GI3 (2015-03-25) Overview of selection procedure
The following is an overview of the selection procedure.
3.1 Phase One proposal
In response to the RFP, interested Proponents submit a Phase One proposal in which they:
- indicate whether the proposal is submitted by an individual firm or by a joint venture;
- if the proposal is submitted by a joint venture, describe the proposed legal and working relationships of the joint venture and the benefits to be gained by the formation of the joint venture;
- identify the prime consultants and key sub consultants and specialists proposed for inclusion in the Consultant Team, and the proposed organizational structure of the Team;
- describe the extent to which proposed members of the Consultant Team have successfully performed services for projects comparable to the project which is the subject of the proposal;
- identify the professional accreditation, experience, expertise and competence of the Consultant Team and Key Personnel proposed to be assigned to perform the required services.
- comply with all other requirements set out in the RFP.
3.2 Phase One proposal evaluation and rating
- Each responsive proposal received is reviewed, evaluated and rated by a Public Works and Government Services Canada (PWGSC) Evaluation Board in accordance with the evaluation criteria, components and weight factors set out in the RFP. Upon completion of the evaluation, an initial rating (Phase One Rating) is assigned to the proposal. Phase One Ratings are recorded for subsequent incorporation in the final proposal evaluation and rating.
- Each Proponent submitting a responsive Phase One proposal is notified in writing of its Phase One Rating and, in addition, is provided with the following:
- an alphabetic list (normally five names) of Proponents with the highest Phase One Ratings;
- a list of all Phase One Ratings attained (ratings are not linked to Proponents);
- a date, time, and location for a Phase Two briefing meeting, if applicable;
- the date and time for receipt of Phase Two proposals, and any supplementary instructions, terms, conditions or addenda which may be applicable to Phase Two proposal preparation and submission.
- Proponents that submitted non-responsive Phase One proposals are notified accordingly.
3.3 Phase Two proposal
- Phase Two proposals are prepared and submitted after Proponents have been advised of the results of evaluation of Phase One proposals. All Proponents submitting responsive proposals in Phase One, regardless of their Phase One Ratings, are eligible to prepare and submit a Phase Two proposal. The decision to continue participating in the selection procedure in Phase Two is a decision to be made by each eligible Proponent.
- In Phase Two, a Proponent may not substitute or delete any member of the Consultant Team identified in the Phase One proposal without the consent of Canada.
- Phase Two proposals are submitted following a "two-envelope" procedure, in which Proponents submit the "technical" component of their proposal in one envelope and the proposed price of the services (price proposal) in a second envelope.
- The information that Proponents are required to provide is set out in detail throughout the RFP.
3.4 Phase Two Proposal evaluation and final rating
- Technical components of Phase Two proposals are reviewed, evaluated and rated by a PWGSC Evaluation Board in accordance with the criteria, components and weight factors set out in the RFP. Upon completion of the evaluation, Phase Two Technical Ratings are established.
- Phase One Rating and Phase Two Technical Rating are combined to establish a Combined Technical Score. Proposals achieving the minimum Combined Technical Score specified in the Submission Requirements and Evaluation section of the RFP are further considered.
- The price envelopes of all responsive proposals are opened upon completion of the technical evaluation. When there are three or more responsive proposals, an average price is determined by adding all the price proposals together and dividing the total by the number of price proposals opened. This calculation will not be conducted when one or two responsive proposals are received.
- All price proposals which are greater than 25 percent above the average price will cause their respective complete proposals to be set aside and receive no further consideration.
- The remaining price proposals are rated as follows:
- The lowest price proposal receives a Price Rating of 100.
- The second, third, fourth and fifth lowest prices receive Price Ratings of 80, 60, 40, and 20 respectively. All other price proposals receive a Price Rating of 0.
- On the rare occasion where two (or more) price proposals are identical, these price proposals receive the same rating and the corresponding number of following ratings are skipped.
- The Price Rating is multiplied by a predetermined percentage factor to establish a Price Score.
- A price proposal in excess of any maximum funding limit, when this limit has been set in the Supplementary Instructions to Proponents, may result in disqualification of the complete proposal.
3.5 Total score
- The total overall score (Total Score) assigned to each Proponent's complete proposal is calculated as the aggregate of:
- the Phase One Score (Phase One proposal on qualifications and experience), and
- the Phase Two Technical Score (first envelope of Phase Two proposal), and
- the Price Score (second envelope of Phase Two proposal).
- The Proponent receiving the highest Total Score is the first entity that the PWGSC Evaluation Board will recommend for the provision of the required services.
3.6 Notification
PWGSC normally expects to advise in writing unsuccessful Proponents within one week after PWGSC has entered into a contractual arrangement with the successful Proponent.
R1110T GI4 (2020-05-28) Procurement Business Number
Proponents are required to have a Procurement Business Number (PBN) before contract award. Proponents may register for a PBN online at Supplier Registration Information.
R1110T GI5 (2003-05-30) Responsive proposals
To be considered responsive, a proposal must meet all of the mandatory requirements set out in the RFP. No further consideration in the selection procedure will be given to a Proponent submitting a non-responsive proposal.
R1110T GI6 (2011-05-16) Completion of submission
The Proponent shall base the proposal on the applicable proposal documents listed in the Supplementary Instructions to Proponents.
R1110T GI7 (2014-03-01) Proposal price
Unless specified otherwise elsewhere in the proposal documents:
- the price proposal shall be in Canadian currency, and
- the price proposal shall not include any amount for Applicable Taxes, and
- the requirement does not offer exchange rate fluctuation risk mitigation. Requests for exchange rate fluctuation risk mitigation will not be considered. All proposals including such provision will render the proposal non-responsive.
R1110T GI8 (2014-03-01) Communications—solicitation period
To ensure the integrity of the competitive bid process, enquiries and other communications regarding the RFP must be directed only to the Contracting Authority identified in the RFP. Failure to comply with this requirement may result in the proposal being declared non-responsive.
To ensure consistency and quality of information provided to proponents, significant enquiries received and their replies will be posted on the Government Electronic Tendering Service (GETS).
R1110T GI9 (2013-04-25) Limitation of submissions
- A Proponent may not submit more than one proposal. This limitation also applies to the persons or entities in the case of a joint venture. If more than one proposal is received from a Proponent (or, in the case of a joint venture, from the persons or entities), all such proposals shall be rejected and no further consideration shall be given.
- A joint venture is defined as an association of two or more parties which 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.
- An arrangement whereby Canada contracts directly with a prime consultant who may retain sub-consultants or specialist consultants to perform portions of the services is not a joint venture arrangement. A sub-consultant or specialist consultant may, therefore, be proposed as part of the Consultant Team by more than one Proponent. The Proponent warrants that it has written permission from such sub-consultant or specialist consultant to propose their services in relation to the services to be performed.
- Notwithstanding subsection 3 above, in order to avoid any conflict of interest, or any perception of conflict of interest, a Proponent shall not include in its submission another Proponent as a member of its consultant team, as a sub-consultant or specialist consultant.
- The Phase Two portion of the proposal must be made in the same name as the person(s) or entity(ies) named as the Proponent in the Phase One portion. Proponents must utilize, in the preparation of their Phase Two proposal, the same Consultant Team, sub-consultants, specialist consultants and individuals named in the Phase One proposal.
- Any joint venture entered into for the provision of professional services or other services must be in full compliance with the requirements of any provincial or territorial law pertaining thereto in the Province or Territory in which the project is located.
R1110T GI10 (2011-05-16) Licensing requirements
- Consultant Team members and Key Personnel shall be, or be eligible to be licensed, certified or otherwise authorized to provide the necessary professional services to the full extent that may be required by provincial or territorial law in the Province or Territory in which the project is located.
- By virtue of submission of a proposal, the Proponent certifies that the Proponent's Consultant Team and Key Personnel are in compliance with the requirements of subsection 1 above. The Proponent acknowledges that PWGSC reserves the right to verify any information in this regard and that false or erroneous certification may result in the proposal being declared non-responsive.
R1110T GI11 (2012-07-16) Rejection of proposal
- Canada may reject a proposal where any of the following circumstances is present:
- the Proponent has been declared ineligible for selection, following unsatisfactory performance in a previous project as determined in accordance with the department's performance review procedures;
- an employee, sub-consultant or specialist consultant included as part of the proposal has been declared ineligible, for selection for work with the department in accordance with the performance review procedure referred to in paragraph 1.(a), which would render the employee, sub-consultant or specialist consultant ineligible to bid on the requirement, or the portion of the requirement the employee, sub-consultant or specialist consultant is to perform;
- the Proponent is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
- evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Proponent, any of its employees, any sub-consultant or any specialist consultant included as part of the proposal;
- evidence satisfactory to Canada that based on past conduct or behavior, the Proponent, a sub-consultant, a specialist consultant or a person who is to perform the Services is unsuitable or has conducted himself/herself improperly;
- with respect to current or prior transactions with the Government of Canada,
- Canada has exercised its contractual remedies of taking the services out of the consultant's hands, suspension or termination for default with respect to a contract with the Proponent, any of its employees, any sub-consultant or any specialist consultant included as part of the proposal;
- Canada determines that the Proponent's performance on other contracts, including the quality of the services provided and the quality and timeliness of the delivery of the project, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
- Where Canada intends to reject a proposal pursuant to subsection 1.(f), the Contracting Authority will so inform the Proponent and provide the Proponent ten (10) days within which to make representations, before making a final decision on the proposal rejection.
R1110T GI12 (2015-03-25) Not applicable
Not applicable
R1110T GI13 (2011-05-16) Insurance requirements
The successful Proponent shall be required to obtain and maintain Professional Liability and Commercial General Liability insurance coverage in accordance with the requirements set out elsewhere in the proposal documents.
R1110T GI14 (2011-05-16) Joint venture
- A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to bid together on a requirement. Proponents who bid as a joint venture must indicate clearly that it is a joint venture and provide the following information:
- the name of each member of the joint venture;
- the Procurement Business Number of each member of the joint venture;
- the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
- the name of the joint venture, if applicable.
- If the information is not clearly provided in the proposal, the Proponent must provide the information on request from the Contracting Authority.
- The proposal and any resulting contract must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Contracting Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the bid solicitation and any resulting contract. If a contract is awarded to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any resulting contract.
R1110T GI15 (2003-05-30) Composition of Consultant Team
By submitting a proposal, the Proponent represents and warrants that the entities and persons proposed in the proposal to perform the required services will be the entities and persons that will perform the services in the fulfillment of the project under any contractual arrangement arising from submission of the proposal. If the Proponent has proposed any person in fulfillment of the project who is not an employee of the Proponent, the Proponent warrants that it has written permission from such person (or the employer of such person) to propose the services of such person in relation to the services to be performed.
R1110T GI16 (2014-03-01) Submission of proposal
- Canada requires that each proposal, at closing date and time or upon request from the Contracting Authority, be signed by the Proponent or by an authorized representative of the Proponent. If a proposal is submitted by a joint venture, it must be in accordance with section GI14.
- It is the Proponent's responsibility to:
- submit a Phase One proposal, duly completed, in the format requested, on or before the closing date and time set for Phase One proposals;
- submit, at the Proponent's discretion, a Phase Two proposal, duly completed, in the format requested, on or before the closing date and time set for Phase Two proposals;
- send its proposal only to Public Works and Government Services Canada (PWGSC) Bid Receiving Unit specified on page 1 of the RFP or to the address specified in the RFP;
- obtain clarification of the requirements contained in the RFP, if necessary, before submitting a proposal;
- ensure that the Proponent's name, return address, the solicitation number and description, and solicitation closing date and time are clearly visible on the envelope or the parcel(s) containing the proposal; and
- provide a comprehensive and sufficiently detailed proposal for each phase that will permit a complete evaluation in accordance with the criteria set out in this RFP.
- The technical and price components of the Phase Two proposal must be submitted in separate, easily identified envelopes in accordance with the instructions contained in the proposal documents. Both envelopes shall be submitted as one package which shall clearly and conspicuously display and indicate on the outside of the package the information identified in paragraph 2(e) above.
- Timely and correct delivery of proposals to the office designated for receipt of proposals is the sole responsibility of the Proponent. PWGSC will not assume or have transferred to it those responsibilities. All risks and consequences of incorrect delivery of proposals are the responsibility of the Proponent.
- Proposals and supporting information may be submitted in either English or French.
- Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. During Phase One Canada will post all amendments using GETS. It is the sole responsibility of the Proponent to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Proponent’s part nor for notification services offered by a third party.
R1110T GI17 (2011-05-16) Late submissions
Submissions delivered after the stipulated closing date and time will be returned unopened.
R1110T GI18 (2011-05-16) Revision of proposal
A proposal submitted may be amended by letter or facsimile provided the revision is received at the office designated for the receipt of proposals, on or before the date and time set for the receipt of proposals. The revision must be on the Proponent's letterhead or bear a signature that identifies the Proponent, and must clearly identify the change(s) to be applied to the original proposal. The revision must also include the information identified in GI16.2(e).
R1110T GI19 (2012-07-16) Acceptance of proposal
- Canada may accept any proposal, or may reject any or all proposals.
- In the case of error in the extension or addition of unit prices, the unit price will govern.
- While Canada may enter into an agreement or contractual arrangement without prior negotiation, Canada reserves the right to negotiate with Proponents on any procurement.
- Canada reserves the right to cancel or amend the RFP at any time.
R1110T GI20 (2011-05-16) Legal capacity
The Proponent must have the legal capacity to contract. If the Proponent is a sole proprietorship, a partnership or a corporate body, the Proponent must provide, if requested by the Contracting Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to Proponents submitting a proposal as a joint venture.
R1110T GI21 (2013-06-27) Debriefing
Should a Proponent desire a debriefing, the Proponent should contact the person identified on the front page of the RFP within 15 working days of the notification of the results of the solicitation. The debriefing will include an outline of the strengths and weaknesses of the submission, referring to the evaluation criteria. The confidentiality of information relating to other submissions will be protected. The debriefing may be provided in writing, by telephone or in person.
R1110T GI22 (2013-06-27) Financial capability
- Financial Capability Requirement: The Proponent must have the financial capability to fulfill this requirement. To determine the Proponent's financial capability, the Contracting Authority may, by written notice to the Proponent, require the submission of some or all of the financial information detailed below during the evaluation of proposals. The Proponent must provide the following information to the Contracting Authority within fifteen (15) working days of the request or as specified by the Contracting Authority in the notice:
- Audited financial statements, if available, or the unaudited financial statements (prepared by the Proponent's outside accounting firm, if available, or prepared in-house if no external statements have been prepared) for the Proponent's last three fiscal years, or for the years that the Proponent has been in business if this is less than three years (including, as a minimum, the Balance Sheet, the Statement of Retained Earnings, the Income Statement and any notes to the statements).
- If the date of the financial statements in (a) above is more than five months before the date of the request for information by the Contracting Authority, the Proponent must also provide, unless this is prohibited by legislation for public companies, the last quarterly financial statements (consisting of a Balance Sheet and a year-to-date Income Statement), as of two months before the date on which the Contracting Authority requests this information.
- If the Proponent has not been in business for at least one full fiscal year, the following must be provided:
- the opening Balance Sheet on commencement of business (in the case of a corporation, the date of incorporation); and
- the last quarterly financial statements (consisting of a Balance Sheet and a year-to-date Income Statement) as of two months before the date on which the Contracting Authority requests this information.
- A certification from the Chief Financial Officer or an authorized signing officer of the Proponent that the financial information provided is complete and accurate.
- A confirmation letter from all of the financial institution(s) that have provided short-term financing to the Proponent outlining the total of lines of credit granted to the Proponent and the amount of credit that remains available and not drawn upon as of one month prior to the date on which the Contracting Authority requests this information.
- A detailed monthly Cash Flow Statement covering all the Proponent's activities (including the requirement) for the first two years of the requirement that is the subject of the bid solicitation, unless this is prohibited by legislation. This statement must detail the Proponent's major sources and amounts of cash and the major items of cash expenditures on a monthly basis, for all the Proponent's activities. All assumptions made should be explained as well as details of how cash shortfalls will be financed.
- A detailed monthly Project Cash Flow Statement covering the first two years of the requirement that is the subject of the bid solicitation, unless this is prohibited by legislation. This statement must detail the Proponent's major sources and amounts of cash and the major items of cash expenditures, for the requirement, on a monthly basis. All assumptions made should be explained as well as details of how cash shortfalls will be financed.
- If the Proponent is a joint venture, the financial information required by the Contracting Authority must be provided by each member of the joint venture.
- If the Proponent is a subsidiary of another company, then any financial information in 1. (a) to (e) above required by the Contracting Authority must be provided by the ultimate parent company. Provision of parent company financial information does not by itself satisfy the requirement for the provision of the financial information of the Proponent, and the financial capability of a parent cannot be substituted for the financial capability of the Proponent itself unless an agreement by the parent company to sign a Parental Guarantee, as drawn up by Public Works and Government Services Canada (PWGSC), is provided with the required information.
- Financial Information Already Provided to PWGSC: The Proponent is not required to resubmit any financial information requested by the Contracting Authority that is already on file at PWGSC with the Contract Cost Analysis, Audit and Policy Directorate of the Policy, Risk, Integrity and Strategic Management Sector, provided that within the above-noted time frame:
It is the Proponent's responsibility to confirm with the Contracting Authority that this information is still on file with PWGSC.
- the Proponent identifies to the Contracting Authority in writing the specific information that is on file and the requirement for which this information was provided; and
- the Proponent authorizes the use of the information for this requirement.
- Other Information: Canada reserves the right to request from the Proponent any other information that Canada requires to conduct a complete financial capability assessment of the Proponent.
- Confidentiality: If the Proponent provides the information required above to Canada in confidence while indicating that the disclosed information is confidential, then Canada will treat the information in a confidential manner as permitted by the Access to Information Act, R.S., 1985, c. A-1, section 20(1) (b) and (c).
- Security: In determining the Proponent's financial capability to fulfill this requirement, Canada may consider any security the Proponent is capable of providing, at the Proponent's sole expense (for example, an irrevocable letter of credit from a registered financial institution drawn in favour of Canada, a performance guarantee from a third party or some other form of security, as determined by Canada).
- In the event that a proposal is found to be non-compliant on the basis that the Proponent is considered not to be financially capable of performing the subject requirement, official notification shall be provided to the Proponent.
R1110T GI23 (2012-07-16) Performance evaluation
Proponents shall take note that the performance of the Consultant during and upon completion of the services shall be evaluated by Canada. The evaluation includes all or some of the following criteria: Design, Quality of Results, Management, Time and Cost. Should the Consultant's performance be considered unsatisfactory, the Consultant may be declared ineligible for future contracts. The form PWGSC-TPSGC 2913-1, SELECT - Consultant Performance Evaluation Report, is used to record the performance.
R1110T GI24 (2011-05-16) Proposal costs
No payment will be made for costs incurred in the preparation and submission of a proposal in response to the Request for proposal. Costs associated with preparing and submitting a proposal, as well as any costs incurred by the Proponent associated with the evaluation of the proposal, are the sole responsibility of the Proponent.
R1110T GI25 (2012-07-16) Conflict of interest—unfair advantage
- In order to protect the integrity of the procurement process, Proponents are advised that Canada may reject a proposal in the following circumstances:
- if the Proponent, any of its sub-consultants, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
- if the Proponent, any of its sub-consultants, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other Proponents and that would, in Canada's opinion, give or appear to give the Proponent an unfair advantage.
- The experience acquired by a Proponent who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This Proponent remains however subject to the criteria established above.
- Where Canada intends to reject a proposal under this section, the Contracting Authority will inform the Proponent and provide the Proponent an opportunity to make representations before making a final decision. Proponents who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a proposal, the Proponent represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Proponent acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.
R1110T GI26 (2011-05-16) Limitation of liability
Except as expressly and specifically permitted in this RFP, no Proponent or Potential Proponent shall have any claim for any compensation of any kind whatsoever in relation to this RFP, or any aspect of the procurement process, and by submitting a proposal each Proponent shall be deemed to have agreed that it has no claim.
R1110T GI27 (2022-01-28) Code of Conduct for Procurement—proposal
The Code of Conduct for Procurement provides that Proponents must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Proponent is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.
2020-05-28SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2017-08-17SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2016-04-04SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2016-01-28SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2015-07-03SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2015-04-01SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2015-02-25SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2014-09-25SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2014-06-26SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2014-03-01SupersededR1110TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Two Phase Request for Proposal
2013-06-27SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2013-04-25SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2013-01-28SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2012-11-19SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2012-07-16SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2011-05-16SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2010-08-16SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2010-01-11SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2008-12-12SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2007-05-25SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2005-12-16SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2004-12-10SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2004-05-14SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2003-12-12SupersededR1110TARCHIVED General Instructions to Proponents (GI)
2003-05-30SupersededR1110TARCHIVED General Instructions to Proponents (GI)
R1120T
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1120TARCHIVED Supplementary Instructions to Proponents
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 2 Phase proposals.
Legal text for SACC item
SI 1 (30/05/03) Introduction
1. Public Works and Government Services Canada (PWGSC) intends to
retain an individual consulting firm or joint venture to provide the
professional services for the project as set out in this Request for
Proposal (RFP).
2. Because of the considerable time and expense involved in the
preparation, submission and evaluation of full proposals, Proponents
responding to this RFP are requested to submit a proposal in two
phases. Phase One proposals cover only the qualifications,
experience and organization of the proposed Consultant Team.
Following evaluation and rating of these proposals, Proponents are
advised of their competitive standing and have the opportunity to
decide whether or not to continue their participation by submitting
a Phase Two proposal. Phase Two proposals cover the detailed
approach to the work, and the pricing offered. A combination of the
Phase One and Phase Two submissions constitutes the final proposal.
This procedure follows "open tendering" procedures in the context of
Canada's trade agreements. It is followed, however, whether or not
the procurement is covered by any trade agreement.
3. Initially, firms are invited to submit a proposal in the first phase
of the selection procedure outlined herein. Only the Phase One
information asked for in the RFP is to be included in the Phase One
proposal, and evaluation and rating of Phase One proposals will be
carried out only on the Phase One information requested.
SI 2 (30/05/03) Questions or Requests for Clarification
Questions or requests for clarification during the Phase One solicitation
period must be submitted in writing to the Contracting Authority as early
as possible. Enquiries should be received no later than ten (10) working
days prior to the closing date identified on the front page of the Request
for Proposal. Enquiries received after that date may not be answered prior
to the closing date of the solicitation.
SI 3 (30/05/03) Canada's Trade Agreements
This procurement is covered under the provisions of the: [North American
Free Trade Agreement (NAFTA)] [World Trade Organization - Agreement on
Government Procurement (WTO-AGP)] [Agreement on Internal Trade (AIT)].
R1130T
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1130TARCHIVED Proposal Documents
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 2 Phase proposals.
Legal text for SACC item
1. The following are the proposal documents:
(a) R1110T, General Instructions to Proponents (GI);
Supplementary Instructions to Proponents (SI)
Proposal Documents;
Project Brief;
Submission Requirements and Evaluation (SRE);
Any amendment to the solicitation document issued prior to
the date set for receipt of Phase Two proposals
(b) the general terms, conditions and clauses, as amended,
identified as:
Agreement
R1205D, General Conditions - Table of Contents
R1210D, GC1 - General Provisions
R1215D, GC2 - Administration of the Contract
R1220D, GC3 - Consultant Services
R1225D, GC4 - Intellectual Property
R1230D, GC5 - Terms of Payment
R1235D, GC6 - Changes
R1240D, GC7 - Taking the Services Out of the Consultant's
Hands, Suspension or Termination
R1245D, GC8 - Dispute Resolution
R1250D, GC9 - Indemnification and Insurance
R1270D, International Sanctions
Agreement Particulars
(c) the duly completed and signed Phase One proposal and
Declaration Form when received and accepted;
(d) the duly completed and signed Phase Two proposal and Price
Proposal Form when received and accepted;
(e) the document entitled "Doing Business with A&ES".
2. Submission of a proposal constitutes acknowledgment that the
Proponent has read and agrees to be bound by these documents.
3. Pursuant to the Department of Public Works and Government Services
Act, S.C. 1996, c.16, the general terms, conditions and clauses
identified herein by number, date and title, are hereby incorporated
by reference into and form part of this solicitation and any
resultant contract, as though expressly set out herein, subject to
any other express terms and conditions herein contained.
4. All instructions, general terms, conditions and clauses identified
herein by number, date and title are set out in the Standard
Acquisition Clauses and Conditions Manual issued by Public Works and
Government Services Canada (PWGSC).
An electronic version is available at the following PWGSC Website:
http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.
2003-12-12SupersededR1130TARCHIVED Proposal Documents
2003-05-30SupersededR1130TARCHIVED Proposal Documents
R1150T
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1150TARCHIVED Supplementary Insurance
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. If supplementary insurance is required, contact the appropriate group to determine the required instructions that should be included here. Use in conjunction with R1330D.
Legal text for SACC item
This procurement contains a supplementary insurance requirement described in R1330D, Supplementary Insurance Requirements.
R1160T
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1160TARCHIVED Funding Limit for the Services
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Insert the following clause only if the procurement is subject to a maximum funding limit. This clause should always be used with caution.
Legal text for SACC item
Funding available is limited to $ _____ (Goods and Services Tax or Harmonized Sales Tax extra, as appropriate). A proposal valued in excess of this amount will be considered non-responsive. This disclosure of available funds does not commit Canada to pay such an amount.
R1180T
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1180TARCHIVED Team Identification Form
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 2 Phase proposals.
Legal text for SACC item
The prime consultant and other members of the Consultant Team shall be, or eligible to be, licensed, certified or otherwise authorized to provide the necessary professional services to the full extent that may be required by provincial or territorial law. Prime Consultant (Proponent): Name: ______________________________________ Key Individuals and provincial professional licensing status: ______________________________________ ______________________________________ ______________________________________ ______________________________________ Key Sub Consultants / Specialists: Name: ______________________________________ Key Individuals and provincial professional licensing status: ______________________________________ ______________________________________ ______________________________________ ______________________________________ Name: ______________________________________ Key Individuals and provincial professional licensing status: ______________________________________ ______________________________________ ______________________________________ ______________________________________
R1185T
Effective Date
Item Status
ID
Title
2010-08-16CancelledR1185TARCHIVED Declaration Form
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 2 Phase proposals.
Legal text for SACC item
This Request for Proposal (RFP) Declaration Form must form part of any
proposal. Failure to include such representation and warranty with the
proposal by executing the signature block below will render the proposal as
non-responsive. The completed form should be included with your Phase One
Proposal.
NAME OF PROPONENT: ___________________________
Street Address: Mailing Address (if
different than street address)
_____________________________ _____________________________
_____________________________ _____________________________
City: ________________________ City: _________________________
Prov./Terr./State: ______________ Prov./Terr./State: _______________
Postal/ZIP Code: ______________ Postal/ZIP Code: ______________
Telephone Number: ____-____-______
Fax Number: ____-____-_____
E-Mail: ______________________
Procurement Business Number: _______________________
TYPE OF ORGANIZATION
Sole Proprietorship _____ Partnership _____ Corporation _____ Joint
Venture _____
SIZE OF ORGANIZATION
Number of Employees: _____ Graduate Architects/Prof. Engineers: _____
Other Professionals: _____ Technical Support: _____
Other: _____
FEDERAL CONTRACTORS PROGRAM
1. The Federal Contractors Program (FCP) requires that some firms,
including a Proponent who is a member of a joint venture, 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 Proponent, or, if the Proponent is a joint
venture and if any member of the joint venture, is subject to the
FCP, evidence of its commitment must be provided before the award of
the Contract.
Firms who have been declared ineligible contractors by Human
Resources and Skills Development Canada (HRSDC) are no longer
eligible to receive government contracts over the threshold for
solicitation of bids as set out in the Government Contracts
Regulations. Firms 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 for a reason other than the
reduction of their workforce to less than 100 employees. Any bids
from ineligible contractors, including a bid from a joint venture
that has a member who is an ineligible contractor, will be declared
non-responsive.
2. If the Proponent 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, the Proponent must fax
(819-953-8768) a copy of the signed form LAB 1168, Certificate of
Commitment to Implement Employment Equity, to the Labour Branch of
HRSDC.
3. The Proponent, or, if the Proponent is a joint venture the member of
the joint venture, certifies its status with the FCP, as follows:
The Proponent or the member of the joint venture
(a) ( ) is not subject to the FCP, having a workforce of less
than 100 full-time or part-time permanent employees,
or temporary employees having worked 12 weeks or more
in Canada,
(b) ( ) is not subject to the FCP, being a regulated employer
under the Employment Equity Act, S.C. 1995, c. 44;
(c) ( ) is subject to the requirements of the FCP, having a
workforce of 100 or more full-time or part-time
permanent employees, or temporary employees having
worked 12 weeks or more 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, and has a valid certificate
number as follows: _______ (e.g. has not been declared
an ineligible contractor by HRSDC).
For more information on the FCP, visit the HRSDC Web site.
DECLARATION:
I, the undersigned, being a principal of the Proponent, hereby certify that
the information given on this form and in the attached Proposal is accurate
to the best of my knowledge.
Name (print): ______________
Capacity: ______________
Signature: __________________________________
Telephone Number: ____-____-______
Fax Number: ____-____-______
Date: ___________________
PWGSC contact will be with the above named person.
2010-01-11SupersededR1185TARCHIVED Declaration Form
2007-05-25SupersededR1185TARCHIVED Declaration Form
2004-12-10SupersededR1185TARCHIVED Declaration Form
2004-05-14SupersededR1185TARCHIVED Declaration Form
2003-12-12SupersededR1185TARCHIVED Declaration Form
2003-05-30SupersededR1185TARCHIVED Declaration Form
R1190T
Effective Date
Item Status
ID
Title
2005-06-10CancelledR1190TARCHIVED Price Proposal Form
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation.
Legal text for SACC item
Instructions:
Complete this Price Proposal Form and submit in a separately sealed
envelope with the Name of Proponent, Name of Project, Public Works and
Government Services Canada Solicitation Number, and the words "Price
Proposal Form" typed on the outside of the envelope. Price Proposals are
not to include Goods and Services Tax (GST).
Proponents shall not alter this form
Name of Proponent: _____________
Address: _____________
_____________
Phone / Fax: _____________
Procurement Business Number: _____________
The following will form part of the evaluation process:
Required Services
Percentage Fee
Firm Percentage Fee of: ________%
Indicative Estimate of Construction Cost (Class D): X $_______
(including
GST)
$__________
The actual percentage fee for Required Services will recognize the
variability of the Construction Cost Estimate as the project develops
(refer to formula specified in paragraph 1(a) of GC 5.2). Payments will be
made as specified in paragraph 1 of GC 5.4).
Fixed Fee
Services Fixed Fee
_____________________ $________
_____________________ $________
_____________________ $________
Maximum Fixed Fees $________
Fixed Fee - Unit Price
# of Units Services Cost / Unit Fixed
Fee
_______ ________________ @ $_______ = $_______
_______ ________________ @ $_______ = $_______
_______ ________________ @ $_______ = $_______
_______ ________________ @ $_______ = $_______
Maximum Fixed Fees $________
Time Based Fees
Services Time Based Fee
_________________________ $__________
_________________________ $__________
_________________________ $__________
Maximum Time Based Fees $__________
Hourly rates are to be provided below.
Total maximum fee for Required Services $_________
The following will not form part of the evaluation process:
Canada may accept or reject any of the following fees, disbursements,
hourly rates and/or payroll factor(s). Canada reserves the right to
negotiate on these fees, disbursements, hourly rates and/or payroll factor(
s).
Disbursements
At cost without allowance for mark-up or profit, supported by invoices/
receipts. (See GC 5.12):
(specify and enter limit)
____________________________ $__________
____________________________ $__________
____________________________ $__________
Maximum Amount for Disbursements $__________
The following hourly rates may be used in the event that the original
services change during the course of the contract.
Principals - All inclusive hourly rate to be fixed for the duration of the
Contract.
Name $ per hour
____________________________ $_____________
____________________________ $_____________
____________________________ $_____________
____________________________ $_____________
Staff - Payroll Cost Factor to be fixed for the duration of the contract.
For the administration of the Contract, Hourly Rate increases for staff are
to be documented to PWGSC for approval.
Name / Position $ per hour (excluding factor)
Factor
_______________________ $________ __________
_______________________ $________ __________
_______________________ $________ __________
_______________________ $________ __________
Canadian Based Firms: Economic Impact
You are requested to indicate below the number of jobs that would be
created or maintained should a contract to your firm result from this
solicitation. This information is required for statistical/reporting
purposes only and will not form part of the proposal evaluation.
Number of Jobs Created: __________
Number of Jobs Maintained: __________
Period of Time: __________
Signature of Consultant or Joint Venture Consultants.
The Consultant agrees to provide all services requested in the Request For
Proposal.
_____________________ _________________________
Name Signature
_____________________
Title
I/We have authority to bind the Corporation / Partnership / Sole
Proprietorship / Joint Venture
_____________________ _____________________
Name Signature
_____________________
Title
I/We have authority to bind the Corporation / Partnership / Sole
Proprietorship / Joint Venture
__________________________________________
Name Signature
_____________________
Title
I/We have authority to bind the Corporation / Partnership / Sole
Proprietorship / Joint Venture
END OF PRICE PROPOSAL FORM
2003-05-30SupersededR1190TARCHIVED Price Proposal Form
R1200D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1200DARCHIVED Agreement
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 2 Phase proposals.
Legal text for SACC item
1. The Consultant understands and agrees that upon acceptance of the
offer by Canada, a binding Agreement shall be formed between Canada
and the Consultant and the documents forming the Agreement shall be
the following:
(a) the Front Page and this Agreement clause;
(b) the general terms, conditions and clauses, as amended,
identified as:
R1205D, General Conditions - Table of Contents
R1210D, GC1 - General Provisions
R1215D, GC2 - Administration of the Contract
R1220D, GC3 - Consultant Services
R1225D, GC4 - Intellectual Property
R1230D, GC5 - Terms of Payment
R1235D, GC6 - Changes
R1240D, GC7 Taking the Services Out of the Consultant's
Hands, Suspension or Termination
R1245D, GC8 - Dispute Resolution
R1250D, GC9 - Indemnification and Insurance
R1270D, International Sanctions
Agreement Particulars;
(c) Project Brief;
(d) the document entitled "Doing Business with A&ES";
(e) any amendment to the solicitation document incorporated in
the Agreement before the date of the Agreement;
(f) the duly completed and signed Phase One proposal and
Declaration Form;
(g) the duly completed and signed Phase Two proposal and Price
Proposal Form.
2. Pursuant to the Department of Public Works and Government Services
Act, S.C. 1996, c.16, the general terms, conditions and clauses
identified herein by number, date and title, are hereby incorporated
by reference into and form part of this Agreement, as though
expressly set out herein, subject to any other express terms and
conditions herein contained.
3. All instructions, general terms, conditions and clauses identified
herein by number, date and title are set out in the Standard
Acquisition Clauses and Conditions Manual issued by Public Works and
Government Services Canada (PWGSC). The Manual is available on the
following PWGSC Website: http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.
4. Order of Precedence
In the event of any inconsistency or conflict in the contents of the
following documents, such documents shall take precedence and govern
in the following order:
(a) any amendment or variation in the Agreement that is made in
accordance with the terms and conditions of the Agreement;
(b) any amendment to the solicitation document incorporated in
the Agreement before the date of the Agreement;
(c) this Agreement clause;
(d) Supplementary Conditions;
(e) General Terms, Conditions and Clauses;
(f) Agreement Particulars;
(g) Project Brief;
(h) the document entitled "Doing Business with A&ES";
(i) the duly completed and signed proposal.
2005-12-16SupersededR1200DARCHIVED Agreement
2004-05-14SupersededR1200DARCHIVED Agreement
2003-12-12SupersededR1200DARCHIVED Agreement
2003-05-30SupersededR1200DARCHIVED Agreement
R1205D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1205DARCHIVED General Conditions - Table of Contents
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause with Open Agreements only.
Legal text for SACC item
R1210D GC1 - General Provisions
GC1.1 Definitions
GC1.2 Interpretations
GC1.3 Successors and Assigns
GC1.4 Assignment
GC1.5 National or Departmental Security
GC1.6 Conflict of Interest
GC1.7 Status of Consultant
GC1.8 Members of House of Commons
GC1.9 Entire Agreement
GC1.10 Lobbyist Certification - Contingency Fees
GC1.11 Changes in Taxes and Duties
GC1.12 Provincial Sales Tax
GC1.13 Goods and Services Taxes (GST)/Harmonized Sales Tax (HST)
GC1.14 Tax Withholding of 15 Percent
GC1.15 Joint and Several Liability
GC1.16 Federal Contractors Program for Employment Equity - Certification
R1215D GC2 - Administration of the Contract
GC2.1 Notices
GC2.2 Time and Cost Records to be Kept by the Consultant
GC2.3 Non-discrimination in Hiring and Employment Practices
R1220D GC3 - Consultant Services
GC3.1 Declaration by Consultant
GC3.2 Services
GC3.3 Standard of Care
GC3.4 Time Schedule
GC3.5 Project Information, Decisions, Acceptances, Approvals
GC3.6 Changes in Services
GC3.7 Codes, By-Laws, Licences, Permits
GC3.8 Provision of Staff
GC3.9 Sub-Consultants
GC3.10 Changes in the Consultant Team
GC3.11 Cost Control
R1225D GC4 - Intellectual Property
R1230D GC5 - Terms of Payment
GC5.1 Fees
GC5.2 Fee Arrangement(s) for Services
GC5.3 Payments to the Consultant
GC5.4 Payments for Services
GC5.5 Delayed Payment
GC5.6 Claims Against, and Obligations of, the Consultant
GC5.7 No Payment for Errors and Omissions
GC5.8 Payment for Changes and Revisions
GC5.9 Extension of Time
GC5.10 Suspension Costs
GC5.11 Termination Costs
GC5.12 Disbursements
GC5.13 T1204 Government Service Contract Payments
R1235D GC6 - Changes
R1240D GC7 - Taking the Services out of the Consultant's Hands, Suspension
or Termination
GC7.1 Taking the Services Out of the Consultant's Hands
GC7.2 Suspension
GC7.3 Termination
R1245D GC8 - Dispute Resolution
R1250D GC9 - Indemnification and Insurance
GC9.1 Indemnification
GC9.2 Insurance Requirements
R1270D International Sanctions
2005-12-16SupersededR1205DARCHIVED General Conditions - Table of Contents
2004-05-14SupersededR1205DARCHIVED General Conditions - Table of Contents
2003-12-12SupersededR1205DARCHIVED General Conditions - Table of Contents
2003-05-30SupersededR1205DARCHIVED General Conditions - Table of Contents
R1210D
Effective Date
Item Status
ID
Title
2022-12-01ActiveR1210DGeneral condition (GC) 1: General provisions – Architectural and/or engineering services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- GC1.1 Definitions
- GC1.2 Interpretations
- GC1.3 Not applicable
- GC1.4 Assignment
- GC1.5 National or departmental security
- GC1.6 Conflict of Interest and Values and Ethics Codes for the Public Service
- GC1.7 Status of Consultant
- GC1.8 Entire agreement
- GC1.9 Contingency fees
- GC1.10 Taxes
- GC1.11 Joint and several liability
- GC1.12 Performance-evaluation: Contract
- GC1.13 Integrity provisions: Contract
- GC1.14 International sanctions
- GC1.15 Code of Conduct for Procurement: Contract
R1210D GC1.1 (2022-12-01) Definitions
- "Applicable Taxes"
- means the Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013;
- "Architectural and Engineering Services"
- means services to provide a range of investigation and recommendation reports, planning, design, preparation, or supervision of the construction, repair, renovation or restoration of a work and includes contract administration services, for real property projects;
- "Average Bank Rate"
- means the simple arithmetic mean of the Bank Rate in effect at 4:00 p.m. Eastern Time each day during the calendar month which immediately precedes the calendar month in which payment is made;
- "Bank Rate"
- means the rate of interest established from time to time by the Bank of Canada as the minimum rate at which it makes short term advances to members of the Canadian Payments Association (Payments Canada);
- "Canada", "Crown", "His Majesty" or the "Government"
- means His Majesty the King in right of Canada;
- "Construction Contract"
- means a contract entered into between Canada and a Contractor for the construction of the Project;
- "Construction Services"
- means construction, repair, renovation or restoration of any work except a vessel and includes; the supply and erection of a prefabricated structure; dredging; demolition; environmental services related to a real property; or, the hire of equipment to be used in or incidentally to the execution of any construction services referred to above;
- "Construction Contract Award Price"
- means the price at which a Construction Contract is awarded to a Contractor;
- "Construction Cost Estimate"
- means an anticipated amount for which a Contractor will execute the construction of the Project;
- "Construction Cost Limit"
- means that portion of the total amount of Project funds which shall not be exceeded on construction of the Project;
- "Consultant"
- means the party which submitted a responsive proposal which was accepted by Canada to perform the Consultant Services under the Agreement, and includes the officer or employee of the Consultant identified in writing by the Consultant;
- "Contracting Authority"
- means the party identified on the front cover page responsible for the establishment of the agreement, its amendments, administration and any contractual issues related to it;
- "Contractor"
- means a person, firm or corporation with whom Canada enters, or intends to enter, into a Construction Contract;
- "Contract Price"
- means the amount stated in the Agreement to be payable to the Consultant for the Services, exclusive of Applicable Taxes;
- "Cost Plan"
- means the allocation of proposed costs among the various elements of the Project, as described in the Project Brief or Terms of Reference;
- "Days"
- means continuous calendar days, including weekends and statutory public holidays;
- "Departmental Representative"
- means the officer or employee of Canada identified to the consultant in writing by a duly authorized departmental officer to perform the Departmental Representative's duties under the Agreement;
- "Facility Maintenance Services"
- means services related to activities normally associated with the maintenance of a facility and keeping spaces, structures and infrastructure in proper operating condition in a routine, scheduled, or anticipated fashion to prevent failure and degradation including inspection, testing, servicing, classification as to serviceability, repairs, rebuilding and reclamation, as well as cleaning, waste removal, snow removal, lawn care, replacement of flooring, lighting or plumbing fixtures, painting and other minor works;
- "Mediation"
- is a process of dispute resolution in which a neutral third party assists the parties involved in a dispute to negotiate their own settlement;
- "Project Brief" or "Terms of Reference"
- means a document describing in sufficient detail the Services to be provided by the Consultant to permit the Consultant to proceed with the Services and may include general project information, scope of the work, site and design data, and time plan, specifically related to the Project;
- "Project Schedule"
- means a time plan, including the sequence of tasks, milestone dates and critical dates which must be met for the implementation of the planning, design and construction phases of the Project;
- "Services"
- means the services provided by the Consultant and the services required by the project, as set forth in the Agreement;
- "Specialist Consultant"
- means any Architect, Professional Engineer, or other specialist, other than the Consultant, engaged by Canada directly or, at the specific request of Canada, engaged by the Consultant;
- "Sub-Consultant"
- means any Architect, Professional Engineer, or other specialist engaged by the Consultant for the Services included in the Agreement;
- "Technical Documentation"
- includes designs, reports, photographs, physical models, surveys, drawings, specifications, computer software developed for the purpose of the Project, computer printouts, design notes, calculations, CADD (Computer-aided Design and Drafting) files, and other data, information and material, prepared, computed, drawn, or produced and operating and maintenance manuals either prepared or collected for the Project.
- "Total Estimated Cost", “Revised Estimated Cost”, “Increase (Decrease)”
- on page 1 of the Contract or Contract Amendment means an amount used for internal administrative purposes only that comprises the Contract Price, or the revised Contract Price, or the amount that would increase or decrease the Contract Price and the Applicable Taxes as evaluated by the Contracting Authority, and does not constitute tax advice on the part of Canada.
R1210D GC1.2 (2011-05-16) Interpretations
- Words importing the singular only also include the plural, and vice versa, where the context requires;
- Headings or notes in the Agreement shall not be deemed to be part thereof, or be taken into consideration in its interpretation;
- "Herein", "hereby", "hereof", "hereunder" and similar expressions refer to the Agreement as a whole and not to any particular subdivision or part thereof.
R1210D GC1.3 (2015-03-25) Not applicable
Not applicable.
R1210D GC1.4 (2012-07-16) Assignment
- The Agreement shall not be assigned, in whole or in part, by the Consultant without the prior written consent of Canada
- An assignment of the Agreement without such consent shall not relieve the Consultant or the assignee from any obligation under the Agreement, or impose any liability upon Canada.
R1210D GC1.5 (2011-05-16) National or departmental security
- If the Departmental Representative is of the opinion that the Project is of a class or kind that involves national or departmental security, the Consultant may be required:
- to provide any information concerning persons employed for purposes of the Agreement unless prohibited by law;
- to remove any person from the Project and its site if that person cannot meet the prescribed security requirements; and
- to retain the Project Technical Documentation while in the Consultant's possession in a manner specified by the Departmental Representative.
- Notwithstanding the provision of GC 4 - Intellectual Property, if the Project is of a class or kind that involves national or departmental security, the Consultant shall not issue, disclose, discard or use the Project Technical Documentation on another project without the written consent of the Departmental Representative.
R1210D GC1.6 (2011-05-16) Conflict of Interest and Values and Ethics Codes for the Public Service
- The Consultant declares that the Consultant has no pecuniary interest in the business of any third party that would cause, or seem to cause, a conflict of interest in carrying out the Services, and should such an interest be acquired during the life of the Agreement, the Consultant shall declare it immediately to the Departmental Representative.
- The Consultant shall not have any tests or investigations carried out by any persons, firms, or corporations, that may have a direct or indirect financial interest in the results of those tests or investigations.
- The Consultant shall not submit, either directly or indirectly, a bid for any Construction Contract related to the Project.
- The Consultant acknowledges that individuals who are subject to the provisions of the Conflict of interest Act, 2006, c. 9, s.2, the Conflict of interest Code for Members of the House of Commons, the Values and Ethics Code for the Public Service or all other codes of values and ethics applicable within specific organizations cannot derive any direct benefit resulting from the Agreement.
- The Consultant shall not be eligible to compete as a consultant or sub-consultant for a project which may result from the provision of the Services if the Consultant is involved in the development of a Project Brief or Terms of Reference, a Request for Proposal or similar documents for such project.
R1210D GC1.7 (2013-01-28) Status of Consultant
The Consultant is an independent contractor engaged by Canada to perform the Services. Nothing in the Agreement is intended to create a partnership, a joint venture or an agency between Canada and the other party or parties. The Consultant must not represent itself as an agent or representative of Canada to anyone. Neither the Consultant nor any of its personnel is engaged as an employee or agent of Canada. The Consultant is responsible for all deductions and remittances required by law in relation to its employees.
R1210D GC1.8 (2011-05-16) Entire agreement
The Agreement constitutes the entire arrangement between the parties with respect to the subject matter of the Agreement, and supersedes all previous negotiations, communications and other arrangements relating to it, unless incorporated by reference herein.
R1210D GC1.9 (2011-05-16) Contingency fees
The Consultant certifies that it has not, directly or indirectly, paid or agreed to pay and agrees that it will not, directly or indirectly, pay a contingency fee for the solicitation, negotiation or obtaining of the contract to any person, other than an employee of the Consultant acting in the normal course of the employee's duties. In this section, "contingency fee" means any payment or other compensation that depends or is calculated based on a degree of success in soliciting, negotiating or obtaining the contract and "person" includes any individual who is required to file a return with the registrar pursuant to section 5 of the Lobbying Act, 1985, c.. 44 (4th Supplement).
R1210D GC1.10 (2013-04-25) Taxes
- Federal government departments and agencies are required to pay Applicable Taxes.
- Applicable Taxes will be paid by Canada as provided in the invoice submission. Applicable Taxes must be specified on all invoices as a separate item along with corresponding registration numbers from the tax authorities. All items that are zero-rated, exempt or to which Applicable Taxes do not apply, must be identified as such on all invoices. It is the sole responsibility of the Consultant to charge Applicable Taxes at the correct rate in accordance with applicable legislation. The Consultant agrees to remit to appropriate tax authorities any amounts of Applicable Taxes paid or due.
- The Consultant is not entitled to use Canada’s exemptions from any tax, such as provincial sales taxes, unless otherwise specified by law. The Consultant must pay applicable provincial sales tax, ancillary taxes, and any commodity tax, on taxable goods or services used or consumed in the performance of the Agreement (in accordance with applicable legislation), including for material incorporated into real property.
- In those cases where Applicable Taxes, customs duties, and excise taxes are included in the Contract Price, the Contract Price will be adjusted to reflect any increase, or decrease, of Applicable Taxes, customs duties, and excise taxes that will have occurred between bid submission and contract award. However, there will be no adjustment for any change to increase the Contract Price if public notice of the change was given before bid submission date in sufficient detail to have permitted the Consultant to calculate the effect of the change.
- Tax Withholding of 15 Percent – Canada Revenue Agency
Pursuant to the Income Tax Act, 1985, c. 1 (5th Supp.) and the Income Tax Regulations, Canada must withhold 15 percent of the amount to be paid to the Consultant in respect of services provided in Canada if the Consultant is not a resident of Canada, unless the Consultant obtains a valid waiver from the Canada Revenue Agency. The amount withheld will be held on account for the Consultant in respect to any tax liability which may be owed to Canada.
R1210D GC1.11 (2011-05-16) Joint and several liability
If at any time there is more than one legal entity constituting the Consultant, their covenants under the Agreement shall be considered to be joint and several and apply to each and every entity. If the Consultant is or becomes a partnership or joint venture, each legal entity who is a member or becomes a member of the partnership or joint venture or its successors is and continues to be jointly and severally liable for the performance of the services and all the covenants of the Consultant pursuant to this Agreement, whether or not that entity ceases to be a member of the partnership, joint venture or its successor.
R1210D GC1.12 (2017-08-17) Performance-evaluation: Contract
- The performance of the Consultant during and upon completion of the services will be evaluated by Canada. The evaluation includes all or some of the following criteria:
- design
- quality of results
- management
- time
- cost
- A weighting factor of 20 points will be assigned to each of the five criteria as follows:
- unacceptable: 0 to 5 points
- not satisfactory: 6 to 10 points
- satisfactory: 11 to 16 points
- superior: 17 to 20 points
- The consequences resulting from the performance evaluation are as follows:
- For an overall rating of 85% or higher, a congratulation letter is sent to the Consultant.
- For an overall rating of between 51% and 84%, a standard "meets expectations", letter is sent to the Consultant.
- For an overall rating of between 30% and 50%, a warning letter is sent to the Consultant indicating that if, within the next two years from the date of the letter, they receive 50% or less on another evaluation, the Consultant may be suspended from any new Public Works and Government Services Canada (PWGSC) solicitations for construction services, architectural and engineering services or facility maintenance services, of real property projects, for a period of one year.
- For an overall rating of less than 30%, a suspension letter is sent to the Consultant indicating that the Consultant is suspended from any new PWGSC solicitations for construction services, architectural and engineering services or facility maintenance services, of real property projects, for a period of one year from the date of the letter.
- When general average is between 30% and 50% and one of the rating is of 5 points or less on any one criterion, a suspension letter is sent to the Consultant indicating that the Consultant is suspended from any new PWGSC solicitations for construction services, architectural and engineering services or facility maintenance services, of real property projects, for a period of one year from the date of the letter.
The form PWGSC-TPSGC 2913-1, Select - Consultant Performance Evaluation Report (CPERF), is used to record the performance.
R1210D GC1.13 (2016-04-04 Integrity provisions: Contract
The Ineligibility and Suspension Policy (the “Policy”) and all related Directives incorporated by reference into the bid solicitation on its closing date are incorporated into, and form a binding part of the Contract. The Consultant must comply with the provisions of the Policy and Directives, which can be found on Public Works and Government Services Canada’s website at Ineligibility and Suspension Policy.
R1210D GC1.14 (2021-12-02) International sanctions
- 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.
- The Consultant must not supply to the Government of Canada any goods or services which are subject to economic sanctions.
- The Consultant must comply with changes to the regulations imposed during the period of the Agreement. The Consultant must immediately advise Canada if it is unable to perform the Services as a result of the imposition of economic sanctions against a country or person or the addition of a good or service to the list of sanctioned goods or services. If the parties cannot agree on a work around plan, the Agreement will be terminated for the convenience of Canada in accordance with terms and conditions of the Agreement.
R1210D GC1.15 (2022-01-28) Code of Conduct for Procurement: Contract
The Consultant agrees to comply with the Code of Conduct for Procurement and to be bound by its terms for the period of the Contract.
2022-01-28SupersededR1210DARCHIVED General condition (GC) 1: General provisions – Architectural and/or engineering services
2021-12-02SupersededR1210DARCHIVED General condition (GC) 1: General provisions – Architectural and/or engineering services
2018-06-21SupersededR1210DARCHIVED General condition (GC) 1: General provisions – Architectural and/or engineering services
2017-08-17SupersededR1210DARCHIVED General condition (GC) 1: General provisions – Architectural and/or engineering services
2016-04-04SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2015-07-09SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2015-07-03SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2015-04-01SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2014-09-25SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2014-06-26SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2014-03-01SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions - Architectural and/or Engineering Services
2013-06-27SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions
2013-04-25SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions
2013-01-28SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions
2012-11-19SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions
2012-07-16SupersededR1210DARCHIVED General Condition (GC) 1 - General Provisions
2011-05-16SupersededR1210DARCHIVED GC1 - General Provisions
2008-12-12SupersededR1210DARCHIVED GC1 - General Provisions
2007-05-25SupersededR1210DARCHIVED GC1 - General Provisions
2004-05-14SupersededR1210DARCHIVED GC 1 - General Provisions
2003-12-12SupersededR1210DARCHIVED GC 1 - General Provisions
2003-05-30SupersededR1210DARCHIVED GC 1 - General Provisions
R1215D
Effective Date
Item Status
ID
Title
2022-12-01ActiveR1215DGeneral Condition (GC) 2 – Administration of the Contract – Architectural and/or Engineering Services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
R1215D GC2.1 (2003-05-30)Notices
- Any notice, request, direction, consent, decision, or other communication that is required to be given or made by either party pursuant to the Agreement, shall be in writing, and shall be deemed to have been effectively given when:
- served personally, on the day it is delivered;
- forwarded by registered mail, on the day the postal receipt is acknowledged by the other party; or
- forwarded by facsimile, e-mail or other electronic means of transmission at the time of transmission.
- The address of either party, or the person authorized to receive notices, may be changed by notice in the manner set out in this provision.
R1215D GC2.2 (2014-06-26) Time and Cost Records to be Kept by the Consultant
- Time charged and the accuracy of the Consultant's time recording system may be verified by the Departmental Representative before or after payment is made to the Consultant under the terms and conditions of the Agreement.
- The Consultant shall keep accurate time and cost records and, if required for the purposes of the Agreement, shall make these documents available to the Departmental Representative who may make copies and take extracts therefrom.
- The Consultant shall afford facilities for audit and inspection upon request and shall provide the Departmental Representative with such information as may be required from time to time with reference to the documents referred to in subsection 2 above.
- The Consultant shall, unless otherwise specified, keep the time and cost records available for audit and inspection for a period of at least six (6) years following completion of the Services.
- If the verification is done after payment by Canada, the Consultant agrees to repay any overpayment immediately upon demand.
R1215D GC2.3 (2022-12-01) Harassment in the Workplace
- The Consultant acknowledges the responsibility of Canada to ensure, for its employees, a healthy work environment, free of harassment. A copy of the Directive on the Prevention and Resolution of Workplace Harassment and Violence, which is also applicable to the Consultant, is available on the Treasury Board Web site.
- The Consultant must not, either as an individual, or as a corporate or unincorporated entity, through its employees or subconsultants, harass, abuse, threaten, discriminate against or intimidate any employee, consultant or other individual employed by, or under contract with Canada. The Consultant will be advised in writing of any complaint and will have the right to respond in writing. Upon receipt of the Consultant's response, the Contracting Authority will, at its entire discretion, determine if the complaint is founded and decide on any action to be taken.
2016-01-28SupersededR1215DARCHIVED General Condition (GC) 2 – Administration of the Contract – Architectural and/or Engineering Services
2014-06-26SupersededR1215DARCHIVED General Condition (GC) 2 - Administration of the Contract
2011-05-16SupersededR1215DARCHIVED General Condition (GC) 2 - Administration of the Contract
2003-05-30SupersededR1215DARCHIVED GC 2 - Administration of the Contract
R1220D
Effective Date
Item Status
ID
Title
2015-02-25ActiveR1220DGeneral Condition (GC) 3 - Consultant Services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- GC3.1 Declaration by Consultant
- GC3.2 Services
- GC3.3 Standard of Care
- GC3.4 Time Schedule
- GC3.5 Project Information, Decisions, Acceptances, Approvals
- GC3.6 Changes in Services
- GC3.7 Codes, By-Laws, Licences, Permits
- GC3.8 Provision of Staff
- GC3.9 Sub-Consultants
- GC3.10 Changes in the Consultant Team
- GC3.11 Cost Control
R1220D GC3.1 (2003-05-30) Declaration by Consultant
The Consultant declares that based on the information provided pertaining to the Services required under the Agreement, the Consultant has been provided sufficient information to enable the Services required under the Agreement to proceed and is competent to perform the Services and has the necessary licences and qualifications including the knowledge, skill and ability to perform the Services.
R1220D GC3.2 (2003-05-30) Services
The Consultant shall perform the Services described herein, in accordance with the terms and conditions of the Agreement.
R1220D GC3.3 (2003-05-30) Standard of Care
In performing the services, the Consultant shall provide and exercise the standard of care, skill and diligence required by customarily accepted professional practices and procedures developed by professional bodies in the performance of similar services at the time when and at the location in which the services are provided.
R1220D GC3.4 (2015-02-25) Time Schedule
The Consultant shall:
- submit in a timely manner to the Departmental Representative, for approval, a time schedule for the Services to be performed, in detail appropriate to the size and complexity of the Project, and in the prescribed format;
- adhere to the approved time schedule and, if changes in the approved time schedule become necessary, indicate the extent of, and the reasons for such changes, and obtain the approval of the Departmental Representative.
R1220D GC3.5 (2003-05-30) Project Information, Decisions, Acceptances, Approvals
- The Departmental Representative shall provide, in a timely manner, project information, written decisions and instructions, including acceptances and approvals relating to the Services provided by the Consultant.
- No acceptance or approval by the Departmental Representative, whether expressed or implied, shall be deemed to relieve the Consultant of the professional or technical responsibility for the Services provided by the Consultant.
R1220D GC3.6 (2015-02-25) Changes in Services
The Consultant shall:
- make changes in the Services to be provided for the Project, including changes which may increase or decrease the original scope of Services, when requested in writing by the Departmental Representative; and
- prior to commencing such changes, advise the Departmental Representative of any known and anticipated effects of the changes on the Construction Cost Estimate, Consultant fees, Project Schedule, and other matters concerning the Project.
R1220D GC3.7 (2003-05-30) Codes, By Laws, Licences, Permits
The Consultant shall comply with all statutes, codes, regulations and by laws applicable to the design and where necessary, shall review the design with those public authorities having jurisdiction in order that the consents, approvals, licences and permits required for the project may be applied for and obtained.
R1220D GC3.8 (2011-05-16) Provision of Staff
The Consultant shall, on request, submit to the Departmental Representative for approval, the names, addresses, qualifications, experience and proposed roles of all persons, including principals, to be employed by the Consultant to provide the Services for the Project and, on request, submit any subsequent changes to the Departmental Representative for approval.
R1220D GC3.9 (2011-05-16) Sub-Consultants
- The Consultant shall:
- notify the Departmental Representative of those Sub-Consultants identified during the negotiations of the Agreement with whom the Consultant will enter into agreements for part of the Services and, on request, provide details of the terms, and Services to be performed under the said agreements and the qualifications and names of the personnel of the Sub-Consultants proposed to be employed on the Project;
- subsequent to the Agreement notify the Departmental Representative of any other Sub-Consultants with whom the Consultant intends to enter into agreements for part of these Services and, on request, provide details of the terms and Services to be performed under the said agreements and the qualifications and names of the personnel of these Sub-Consultants proposed to be employed on this Project;
- include in any agreements entered into with Sub-Consultants such provisions of the Agreement as they apply to the Sub-Consultants responsibilities; and
- upon written notice by a Sub-Consultant, with whom the Consultant has a direct contract, inform the Sub-Consultant of the Consultant's obligations to the Sub-Consultant under the Agreement.
- The Departmental Representative may object to any Sub-Consultant within six (6) days of receipt of notification given in accordance with paragraph 1.(b) above and, on notification of such objection, the Consultant shall not enter into the intended agreement with the Sub-Consultant.
- Neither an agreement with a Sub-Consultant nor the Departmental Representative's consent to such an agreement by the Consultant shall be construed as relieving the Consultant from any obligation under the Agreement, or as imposing any liability upon Canada.
R1220D GC3.10 (2011-05-16) Changes in the Consultant Team
- Should an entity or person named in the Consultant's proposal as an entity or person who is to perform the Services or part of the Services be unable to perform or complete the Services, the Consultant shall obtain the concurrence of the Departmental Representative prior to performing or completing the Services, or entering into an agreement with another equally qualified entity or person to perform or complete the Services, such concurrence not to be unreasonably withheld.
- In seeking to obtain the concurrence of the Departmental Representative referred to in subsection 1 above, the Consultant shall provide notice in writing to the Departmental Representative containing:
- the reason for the inability of the entity or person to perform the Services;
- the name, qualifications and experience of the proposed replacement entity or person, and
- if applicable, proof that the entity or person has the required security clearance granted by Canada.
- The Consultant shall not, in any event, allow performance of any part of the Services by unauthorized replacement entities or persons, and acceptance of a replacement entity or person by the Departmental Representative shall not relieve the Consultant from responsibility to perform the Services.
- The Departmental Representative, with the authority of Canada, may order the removal from the Consultant Team of any unauthorized replacement entity or person and the Consultant shall immediately remove the entity or person from the performance of the Services and shall, in accordance with subsections 1 and 2 above, secure a further replacement.
- The fact that the Departmental Representative does not order the removal of a replacement entity or person from the performance of the Services shall not relieve the Consultant from the Consultant's responsibility to meet all the Consultant's obligations in the performance of the Services.
R1220D GC3.11 (2011-05-16) Cost Control
- Throughout Project development, the Construction Cost Estimate prepared by the Consultant shall not exceed the Construction Cost Limit.
- In the event that the Consultant considers that the Construction Cost Estimate will exceed the Construction Cost Limit, the Consultant shall immediately notify the Departmental Representative and
- if the excess is due to factors under the control of, or reasonably foreseeable by the Consultant, the Consultant shall, if requested by the Departmental Representative, and at no additional cost to Canada, make such changes or revisions to the design as may be necessary to bring the Construction Cost Estimate within the Construction Cost Limit; or
- if the excess is due to factors that are not under the control of the Consultant, changes or revisions may be requested by the Departmental Representative. Such changes or revisions shall be undertaken by the Consultant at Canada's expense, and the cost involved shall become an amount to be mutually agreed, prior to performance of the said changes or revisions.
- If the lowest price obtained by bid process or negotiation exceeds the Construction Cost Limit, and if the excess is due to reasons within the control of, or reasonably foreseeable by the Consultant, the Consultant shall, if requested by the Departmental Representative, and without additional charge, be fully responsible for revising the Project scope and quality as required to reduce the construction cost and shall modify the construction documents as necessary to comply with the Construction Cost Limit.
2011-05-16SupersededR1220DARCHIVED General Condition (GC) 3 - Consultant Services
2003-12-12SupersededR1220DARCHIVED GC 3 - Consultant Services
2003-05-30SupersededR1220DARCHIVED GC 3 - Consultant Services
R1225D
Effective Date
Item Status
ID
Title
2015-04-01ActiveR1225DGeneral Condition (GC) 4 - Intellectual Property
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- Definitions
- "Background"
- means all Technical Output that is not Foreground and that is proprietary to or the confidential information of the Consultant, the Consultant's Sub-Consultants, or any other entity engaged by the Consultant in the performance of the Services;
- "Foreground"
- means any Invention first conceived, developed or reduced to practice as part of the Services and all other Technical Output conceived, developed, produced or implemented as part of the Services;
- "IP Rights"
- means any intellectual property rights recognized by law, including any intellectual property right protected through legislation (such as that governing copyright, patents, industrial design, or integrated circuit topography) or arising from protection of information as a trade secret or as confidential information;
- "Invention"
- means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter, whether or not patentable and without limiting the foregoing the term includes any unique design and construction system;
- "Technical Output"
- means: (i) all information of a scientific, technical, or artistic nature relating to the Services, whether oral or recorded in any form or medium and whether or not subject to copyright, including but not limited to any Inventions, designs, methods, reports, photographs, physical models, surveys, drawings, specifications developed for the purpose of the Project; as well as (ii) computer printouts, design notes, calculations, CADD (Computer-aided Design and Drafting) files, and other data, information and material, prepared, computed, drawn, or produced for the purpose of the Project; and (iii) operating and maintenance manuals prepared or collected for the Project; and (iv) any buildings, built works, structures and facilities constructed as, or as part of, the Project. Technical Output does not include data concerned with the administration of the Agreement by Canada or the Consultant, such as internal financial or management information, unless it is a deliverable under the terms of the Agreement.
- Identification and Disclosure of Foreground
The Consultant shall:Before and after final payment to the Consultant, Canada shall have the right to examine all records and supporting data of the Consultant which Canada reasonably decides is pertinent to the identification of the Foreground.
- promptly report and fully disclose to Canada all Foreground that could be Inventions, and shall report and fully disclose to Canada all other Foreground not later than the time of completion of the Services or such earlier time as Canada or the Agreement may require, and
- for each disclosure referred to in (a), indicate the names of all Sub-Consultants at any tier, if any, in which IP Rights to any Foreground have vested or will vest.
- IP Rights Vest with Consultant
Subject to paragraphs 10 and 11 and the provisions of GC 1.5 National or Departmental Security, and without affecting any IP Rights or interests therein that have come into being prior to the Agreement or that relate to information or data supplied by Canada for the purposes of the Agreement, all IP Rights in the Foreground shall immediately, as soon as they come into existence, vest in and remain the property of the Consultant.- Ownership Rights in Deliverables
Notwithstanding the Consultant's ownership of the IP Rights in the Foreground that is a prototype, built work, building, structure, facility, model or custom or customized system or equipment together with associated manuals and other operating and maintenance documents and tools, Canada shall have unrestricted ownership rights in those deliverables, including the right to make them available for public use, whether for a fee or otherwise, and the right to sell them.- Licence to Foreground
Without limiting any implied licences that may otherwise vest in Canada, and in consideration of Canada's contribution to the cost of development of the Foreground, the Consultant hereby grants to Canada a non-exclusive, perpetual, irrevocable, worldwide, fully-paid and royalty-free licence to exercise all IP Rights in the Foreground that vest in the Consultant pursuant to paragraph 3, for the purpose of:
- the construction or implementation of any building, built works, structures and facilities, contemplated by the Project;
- the further development or alteration or evolution of any part of the constructed or implemented Project, including procurement of materials and components for this purpose;
- the further development, modification (including additions or deletions), completion, translation, or implementation of the Foreground and any addition to it as Canada may require for the purposes of the completion, utilization and subsequent evolution of the Project;
- the use, occupancy, operation, exploitation, maintenance, repair or restoration of the constructed or implemented or subsequently modified Project, including the procurement of replacement materials and components required for any such purpose; and
- the publishing and transmission of reproductions of the Project or any part thereof in the form of paintings, drawings, engravings, photographs or cinematographic works, to the public, in hard copy or by any electronic or other means, except for copies in the nature of architectural drawings or plans.
- Licence to Foreground for Other Projects
The Consultant hereby grants to Canada a non-exclusive, perpetual, worldwide, irrevocable licence to exercise all IP Rights that vest in the Consultant pursuant to paragraph 3 for the purpose of planning, designing and constructing or otherwise implementing any project other than the Project, and for any purpose set out in paragraph 5 as it relates to such other project. In the event that Canada exercises such IP Rights in an other project, and provided that Canada does not already have equivalent rights under a previous contract or otherwise, Canada agrees to pay to the Consultant reasonable compensation determined in accordance with current industry practice and having regard to Canada's contribution to the cost of development of the Foreground. The Consultant shall ensure that in any sale, assignment, transfer or licence of any of the IP Rights that vest in the Consultant under this Agreement, the purchaser, assignee, transferee or licensee agrees to be bound by the terms of this provision and to accept reasonable compensation as is contemplated herein. The Consultant shall also ensure that any such purchaser, assignee, transferee or licensee of the IP Rights is required to impose the same obligations on any subsequent purchaser, transferee, assignee or licensee.- Licence to Background
Without limiting any implied licences that may otherwise vest in Canada, the Consultant hereby grants to Canada a non-exclusive, perpetual, irrevocable, worldwide, fully-paid and royalty-free licence to exercise such of the IP Rights in any Background incorporated into the Services or necessary for the performance of the Services as may be requiredand the Consultant agrees to make any such Background available to Canada upon request.
- for the purposes contemplated in paragraphs 5 and 6;
- for disclosure to any contractor engaged by Canada , or bidder for such a contract, to be used solely for a purpose set out in paragraphs 5 and 6;
- Canada's Right to Disclose and Sub-license
The Consultant acknowledges that Canada may wish to award contracts, which may include a competitive process, for any of the purposes contemplated in paragraphs 5, 6 and 7. The Consultant agrees that Canada's licence in relation to the IP Rights in the Foreground and in the Background, includes the right to disclose that Foreground and Background to bidders for such contracts, and to sub-license or otherwise authorize the use of that Foreground and Background by any contractor or consultant engaged by Canada for the purpose of carrying out such a contract.- Consultant's Right to Grant Licence
- The Consultant represents and warrants that the Consultant has, or the Consultant shall obtain without delay, the right to grant to Canada the licence to exercise the IP Rights in the Foreground and the Background as required by the Agreement.
- Where the IP Rights in any Background or Foreground are or will be owned by a Sub-Consultant, the Consultant shall either obtain a licence from that Sub-Consultant that permits compliance with paragraphs 5, 6 and 7 or shall arrange for the Sub-Consultant to convey directly to Canada the same rights by execution of the form provided for that purpose by Canada no later than the time of disclosure to Canada of that Background and Foreground.
- Trade Secrets and Confidential Information
The Consultant shall not use or incorporate any trade secrets or confidential information in any Foreground or Background used or created in performance of this contract.- Canada Supplied Information
- Where performance of the Services involves the preparation of a compilation using information supplied by Canada, then the IP Rights that shall vest under paragraph 3 shall be restricted to the IP Rights in Foreground that are capable of being exploited without the use of the information supplied by Canada. All IP Rights in any compilation, the Foreground in which cannot be exploited without the use of such Canada supplied information shall vest in Canada. The Consultant agrees that the Consultant shall not use or disclose any Canada supplied information for any purpose other than completing the performance of the Services. The Consultant shall maintain the confidentiality of such information. Unless the Agreement otherwise expressly provides, the Consultant shall deliver to Canada all such information together with every copy, draft, working paper and note thereof that contains such information upon the completion or termination of the Agreement, or at such earlier time as Canada may require.
- If the Consultant wishes to make use of any Canada supplied information that was supplied for purposes of the Agreement, for the commercial exploitation or further development of any of the Foreground, then the Consultant may make a written request for a licence to exercise the required IP Rights in that Canada supplied information, to Canada. The Consultant shall give Canada an explanation as to why such a licence is required. Should Canada agree to grant such a licence, it shall be on terms and conditions to be negotiated between the parties including payment of compensation to Canada.
Transfer of IP Rights
- If Canada takes the Services out of the Consultant's hands in accordance with GC7 of the General Conditions, in whole or in part, or if the Consultant fails to disclose any Foreground in accordance with paragraph 2, Canada may upon reasonable notice, require the Consultant to convey to Canada all of the IP Rights in the Foreground or in the case of a failure to disclose, all the IP Rights in the Foreground not provided. The IP Rights to be conveyed shall include the IP Rights in any Foreground that have vested or are to vest in a Sub-Consultant. In the case of IP Rights in Foreground which have been sold or assigned to a party other than a Sub-Consultant, the Consultant shall not be obligated to convey those IP Rights to Canada, but shall pay to Canada on demand an amount equal to the consideration which the Consultant received from the sale or assignment of the IP Rights in that Foreground or, in the case of a sale or assignment was not at arm's length, the fair market value of the IP Rights in that Foreground, in each case including the value of future royalties or licence fees.
- In the event of the issuance by Canada of a notice referred to in (a), the Consultant shall, at the Consultant's own expense and without delay, execute such conveyances or other documents relating to title to the IP Rights as Canada may require, and the Consultant shall, at Canada's expense, afford Canada all reasonable assistance in the preparation of applications and in the prosecution of any applications for, or any registration of, any IP Right in any jurisdiction, including without limitation the assistance of the inventor in the case of Inventions.
- Until the Consultant completes the performance of the Services and discloses all of the Foreground in accordance with paragraph 2, and subject to the provisions of GC 1.5 National or Departmental Security, the Consultant shall not, without the prior written permission of Canada, sell, assign or otherwise transfer title to the IP Rights in any of the Foreground, or license or otherwise authorize the use of the IP Rights in any of the Foreground by any person.
- In any sale, assignment, transfer or licence of IP Rights in Foreground by the Consultant except a sale or licence for end use of a product based on Foreground, the Consultant shall impose on the other party all of its obligations to Canada in relation to the IP Rights in the Foreground and any restrictions set out in the Agreement on the use or disposition of the IP Rights in the Foreground (and, if applicable, the Foreground itself), including the obligation to impose the same obligations and restrictions on any subsequent transferee, assignee or licensee. The Consultant shall promptly notify Canada of the name, address and other pertinent information in regard to any transferee, assignee or licensee.
2012-07-16SupersededR1225DARCHIVED General Condition (GC) 4 - Intellectual Property
2011-05-16SupersededR1225DARCHIVED GC4 - Intellectual Property
2007-05-25SupersededR1225DARCHIVED GC4 - Intellectual Property
2003-05-30SupersededR1225DARCHIVED GC 4 - Intellectual Property
R1226D
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1226DARCHIVED GC 4 - Copyright and Reuse of Documents
Remarks – Recommended Use of SACC Item
Legal text for SACC item
1. Except as otherwise specified in the Supplementary Conditions any
copyright in any and all documents which are instruments of the
Services for this Project, and are prepared by or under the
direction of the Consultant, shall belong to the Consultant.
2. Canada may, after consultation with the Consultant, reuse for
another Project the documents referred to in paragraph 1 above and
shall pay to the Consultant for such reuse an appropriate fee based
on current practice.
R1230D
Effective Date
Item Status
ID
Title
2018-06-21ActiveR1230DGeneral Condition (GC) 5 – Terms of Payment – Architectural and/or Engineering Services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- GC5.1 Fees
- GC5.2 Fee Arrangement(s) for Services
- GC5.3 Payments to the Consultant
- GC5.4 Payments for Services
- GC5.5 Delayed Payment
- GC5.6 Claims Against, and Obligations of, the Consultant
- GC5.7 No Payment for Errors and Omissions
- GC5.8 Payment for Changes and Revisions
- GC5.9 Extension of Time
- GC5.10 Suspension Costs
- GC5.11 Termination Costs
- GC5.12 Disbursements
R1230D GC 5.1 (2011-05-16) Fees
- Subject to the terms and conditions of the Agreement, and in consideration for the performance of the Services, Canada shall pay to the Consultant a sum of money calculated in accordance with the provisions herein and the Agreement Particulars.
- The Consultant's fees are only payable when the Consultant has performed the Services as determined by the Departmental Representative. Payment in respect of a Service, or part of a Service, is not to be deemed a waiver of Canada's rights of set off at law or under the Agreement for costs or expenses arising from default or negligence of the Consultant.
- The maximum amount payable under the Agreement, including fees and disbursements, shall not exceed the sum specified in the Agreement Particulars, without the prior written authorization of the Departmental Representative in accordance with the terms of the Agreement.
R1230D GC 5.2 (2015-02-25) Fee Arrangement(s) for Services
The fee to be paid to the Consultant for the Services described herein, shall be determined by one or more of the following arrangements as specified in the Agreement Particulars:
- Percentage Fee
The calculation of the total fee recognizes the variability of the Construction Cost Estimate as the Project develops. The fee for the various Services of the Project development shall be calculated on the basis of the following formula:
An amount equal to F x A
Where F = the percentage specified in the Agreement Particulars , and A = as follows:The total fee is adjusted in accordance with the terms of any authorization pursuant to GC 5.8.
- At Analysis of Project Requirements and Design Concept:
A = the Construction Cost Estimate at the time of signing the Agreement.- At Design Development:
A = the accepted preliminary Construction Cost Estimate prepared on completion of the design concept documents.- At Construction Documents:
A = the accepted updated Construction Cost Estimate prepared on completion of the design development documents.- At Tender Call and Tender Evaluation:
A = the accepted final Construction Cost Estimate prepared on completion of the construction documents.- At Construction and Contract Administration and Post Construction Warranty Review:
A = the Construction Contract Award Price.- Fixed Fee
The fixed fee may be in the form of a fixed lump sum or an amount made up of fixed unit prices multiplied by a number of units of deliverables in the amount(s) specified in the Agreement Particulars.- Time Based Fee
- Principals and executives, and other personnel approved in that capacity by the Departmental Representative shall be paid at the hourly rate specified in the Agreement Particulars.
- Staff approved by the Departmental Representative shall be paid at the Hourly Rate specified in the Agreement Particulars.
- Normal Working Hours
The normal working hours per day for principals, executives and Consultant's employees, shall be deemed to be seven and a half (7.5) hours of any day during which they are actually engaged in the performance of the Services.- Travel Time
Travel time during normal working hours, that is related to the Project and authorized by the Departmental Representative, shall be chargeable as time worked.
Travel time outside normal working hours, that is related to the Project and authorized by the Departmental Representative, shall be chargeable up to a maximum of three (3) hours per day, unless otherwise authorized.- Maximum Amount(s) Payable
The maximum amount(s) that applies (apply) to the Services to be carried out at time rates shall be as specified in the Agreement Particulars, which amount(s) shall not be exceeded without the prior authorization of the Departmental Representative, with the approval of Canada.R1230D GC 5.3 (2011-05-16) Payments to the Consultant
- The Consultant shall be entitled to receive progress payments at monthly or other agreed intervals, subject to the limitations of the Terms of Payment, if applicable. Such payments shall be made prior to or on the due date. The due date shall be the 30th day following receipt of an acceptable invoice.
- An acceptable invoice shall be an invoice delivered to the Departmental Representative in the agreed format with sufficient detail and information to permit verification. The invoice shall also identify, as separate items:
- the amount of the progress payment being claimed for Services satisfactorily performed,
- the amount for any tax calculated in accordance with the applicable federal legislation, and
- the total amount which shall be the sum of the amounts referred to in (a) and (b) above.
- The amount of the tax shown on the invoice shall be paid by Canada to the Consultant in addition to the amount of the progress payment for Services satisfactorily performed.
- The Departmental Representative shall notify the Consultant within fifteen (15) days after the receipt of an invoice of any error or missing information therein. Payment shall be made prior to or on the thirtieth (30) day after acceptance of the corrected invoice or the required information.
- Upon completion of each Service as described elsewhere in the Agreement, provided at least one progress payment has been made, the Consultant shall provide a Statutory Declaration evidencing that all the Consultant's financial obligations for Services rendered to the Consultant or on the Consultant's account, in connection with the Agreement, have been satisfied, before any further payment is made.
- Upon written notice by a Sub-Consultant, with whom the Consultant has a direct contract, of an alleged non payment to the Sub-Consultant, the Departmental Representative may provide the Sub-Consultant with a copy of the latest approved progress payment made to the Consultant for the Services.
- Upon the satisfactory completion of all Services, the amount due, less any payments already made, shall be paid to the Consultant not later than thirty (30) days after receipt of an acceptable invoice, together with the Final Statutory Declaration in accordance with subsection 5 above.
R1230D GC 5.4 (2011-05-16) Payments for Services
- Payments in respect of the percentage fee arrangement shall be made during the performance of the Services, on the basis of the fee calculations as described in GC 5.2.1.(a), for each of the Services equal to the amounts specified below:
- Payment for Analysis of Project Requirements and Design Concept:
Upon acceptance of the design concept documents, an amount equal to 10 percent of the fee;
- Payment for Design Development:
Upon acceptance of the design development documents, an amount equal to 15 percent of the fee;- Payment for Construction Documents:
Upon acceptance of the construction documents, an amount equal to 45 percent of the fee;- Payment for Tender Call, Tender Evaluation and Contract Award:
Upon award of the Construction Contract, or upon completion of tender evaluation(s) in such cases where Canada does not award a Construction Contract for reasons other than those specified in subsection 6 below, an amount equal to 5 percent of the fee;- Payment for Construction and Contract Administration:
Upon interim completion of the Construction Contract, an amount equal to 22 percent of the fee;- Payment for Final Completion and Post Construction Warranty Review:
Upon reporting to the Departmental Representative on the status of the defects at the end of the warranty period(s) an amount equal to 3 percent of the fee.- Payments in respect of the fixed fee arrangement shall be made upon satisfactory performance of the Services but such payments shall not exceed the amount(s) as specified in the Agreement Particulars, for each Service.
- Payments in respect of the time based fee arrangement shall be made upon satisfactory performance of the Services but such payments shall not exceed the amount(s) as specified in the Agreement Particulars, for each Service.
- Progress payments, in respect of all fee arrangements, shall be made in accordance with GC 5.3 of the Agreement, but such payments shall not exceed the value of the fee indicated for each Service under consideration.
- Progress payments in respect of construction and contract administration for percentage fee or fixed fee arrangements may be made in proportion to the percentage of the construction work completed and approved for payment under the Construction Contract.
- If, for reasons attributable to the Consultant, a price cannot be obtained by a tender or negotiation within the Construction Cost Limit, or acceptable to the Departmental Representative for the award of the Construction Contract, the Consultant shall be entitled to receive payment for the tender call, bid evaluation and construction contract award Services, only when the requirements of GC 3.11.3, have been met.
R1230D GC 5.5 (2011-05-16) Delayed Payment
- If Canada delays in making a payment that is due in accordance with GC 5.3, the Consultant will be entitled to receive interest on the amount that is overdue for the period of time as defined in subsection 2 below including the day previous to the date of payment. Such date of payment shall be deemed to be the date on the cheque given for payment of the overdue amount. An amount is overdue when it is unpaid on the first day following the due date described in GC 5.3.1.
- Interest shall be paid automatically on all amounts that are not paid by the due date or fifteen (15) days after the Consultant has delivered a Statutory Declaration in accordance with GC 5.3.5 or GC 5.3.7 whichever is the later.
- The rate of interest shall be the Average Bank Rate plus 3 percent per year on any amount which is overdue pursuant to subsection 1 above.
R1230D GC 5.6 (2012-07-16) Claims Against, and Obligations of, the Consultant
- Canada may, in order to discharge lawful obligations of and satisfy lawful claims against the Consultant by a Sub-Consultant, with whom the Consultant has a direct contract, for Services rendered to, or on behalf of, the Consultant, pay an amount from money that is due and payable to the Consultant directly to the claimant Sub-Consultant.
- For the purposes of subsection 1 a claim shall be considered lawful when it is so determined
- by a court of legal jurisdiction, or
- by an arbitrator duly appointed to arbitrate the said claim, or
- by a written notice delivered to the Departmental Representative and signed by the Consultant authorizing payment of the said claim or claims.
- A payment made pursuant to subsection 1 is, to the extent of the payment, a discharge of Canada's liability to the Consultant under the Agreement and will be deducted from any amount payable to the Consultant under the Agreement.
- Subsection 1 shall only apply to claims and obligations
- the notification of which has set forth the amount claimed to be owing and a full description of the Services or a part of the Services for which the claimant has not been paid. The notification must be received by the Departmental Representative in writing before the final payment is made to the Consultant and within one hundred twenty (120) days of the date on which the claimant
- should have been paid in full under the claimant's Agreement with the Consultant where the claim is for an amount that was lawfully required to be held back from the claimant; or
- performed the last of the Services pursuant to the claimant's Agreement with the Consultant where the claim is not for an amount referred to in subparagraph 4.(a)(i), and
- the proceedings to determine the right to payment of which shall have commenced within one year from the date that the notification referred to in paragraph 4.(a) was received by the Departmental Representative.
- Canada may, upon receipt of a notification of claim referred to in paragraph 4.(a), withhold from any amount that is due and payable to the Consultant pursuant to the Agreement the full amount of the claim or any portion thereof.
- The Departmental Representative shall notify the Consultant in writing of receipt of any notification of claim and of the intention of Canada to withhold funds pursuant to subsection 5. The Consultant may, at any time thereafter and until payment is made to the claimant, post with Canada, security in a form acceptable to Canada in an amount equal to the value of the said claim. Upon receipt of such security Canada shall release to the Consultant any funds which would be otherwise payable to the Consultant, that were withheld pursuant to the provision of subsection 5.
- The Consultant shall discharge all lawful obligations and shall satisfy all lawful claims against the Consultant for Services rendered to, or on behalf of, the Consultant in respect of the Agreement at least as often as the Agreement requires Canada to discharge its obligations to the Consultant.
R1230D GC 5.7 (2011-05-16) No Payment for Errors and Omissions
The Consultant shall not be entitled to payment in respect of costs incurred by the Consultant in remedying errors and omissions in the Services that are attributable to the Consultant, the Consultant's employees, or persons for whom the Consultant had assumed responsibility in performing the Services.
R1230D GC 5.8 (2012-07-16) Payment for Changes and Revisions
- Payment for any additional or reduced Services authorized by the Departmental Representative prior to their performance, and for which a basis of payment has not been established at the time of execution of the Agreement, shall be in an amount or amounts to be determined by the Departmental Representative, acting reasonably, subject to these Terms of Payment.
- Where it is not possible, or not appropriate, to determine a fixed price fee or percentage fee prior to the performance of the additional or reduced Services, payment shall be made on the basis of a time based fee in accordance with GC 5.2.1.(c). Disbursements shall be paid in accordance with GC 5.12.
- Prior to the performance of additional or reduced Services on the basis of a time based fee, the Consultant shall comply with any request made by the Departmental Representative pursuant to GC 3.8, regarding persons to be employed by the Consultant or the Consultant's subconsultants to provide the additional or reduced Services. In addition, the Departmental Representative shall determine, based on industry practice and input from the Consultant, hourly rates for any of those persons for whom the relevant information does not appear in the Agreement Particulars.
- Payment for additional Services not identified at the time of execution of the Agreement shall be made only to the extent that
- the additional Services are Services that are not included in stated Services in the Agreement,
- the additional Services are required for reasons beyond the control of the Consultant, and
- any fee adjustment for Services resulting from an adjustment in the Construction Cost Estimate arising from the additional Services is not commensurate with the additional Services performed.
R1230D GC 5.9 (2011-05-16) Extension of Time
If, and to the extent that, the time for completion of the Construction Contract is exceeded or extended through no fault of the Consultant in the opinion of Canada, payment for the Services required for such extended period of the contract administration shall be subject to review and equitable adjustment by Canada.
R1230D GC 5.10 (2018-06-21) Suspension Costs
- In the event of a suspension of any Services pursuant to GC7.2, Canada shall pay:
- for clarity, an amount based on these Terms of Payment, for Services satisfactorily performed before the date of suspension; and
- those out-of-pocket costs and expenses that, in the opinion of Canada, are substantiated as having been reasonably incurred during the suspension period, as more particularly provided for in GC 5.10.2, 5.10.3, and 5.10.4.
- The Consultant shall minimize all GC 5.10.1(b) out-of-pocket costs and expenses.
- Within fourteen (14) days of notice of such suspension, the Consultant shall submit to the Departmental Representative a schedule of all out-of-pocket costs and expenses, if any, that the Consultant expects to incur during the period of suspension, and for which the Consultant will request reimbursement, failing which, the Consultant shall, for all purposes, be deemed to have no such costs and expenses.
- Save and except for the specified payment provided for GC 5.10.1(b), if any, the Consultant shall not be paid and has no claim for damages, compensation, loss of profit, loss of opportunity, allowance or otherwise by reason of, or directly or indirectly arising out of, the suspension of Services pursuant to GC 7.2.
R1230D GC 5.11 (2018-06-21) Termination Costs
- In the event of termination of the Agreement pursuant to GC 7.3, Canada shall pay, and the Consultant shall accept in full settlement:
- an amount based on these Terms of Payment, for Services satisfactorily performed before the date of termination; and
- those out-of-pocket costs and expenses that, in the opinion of Canada, are substantiated as having been reasonably incurred to terminate the Agreement, as more particularly provided for in GC 5.11.2, 5.11.3, 5.11.4 and 5.11.5.
- The Consultant shall minimize all GC 5.11.1(b) out-of-pocket costs and expenses.
- Within fourteen (14) days of notice of such termination, the Consultant shall submit to the Departmental Representative a schedule of all out-of-pocket costs and expenses, if any, reasonably incurred after the date of termination, failing which, the Consultant shall, for all purposes, be deemed to have no such costs and expenses.
- Payment shall be made to the Consultant only for those out-of-pocket costs and expenses that in the opinion of Canada are substantiated as having been reasonably incurred after the date of termination of the Agreement.
- Save and except for the specified payment provided for in GC 5.11.1, if any, the Consultant shall not be paid any amount and has no claim for damages, compensation, loss of profit, loss of opportunity, allowance or otherwise by reason of, or directly or indirectly arising out of, the termination of the Agreement pursuant to GC 7.3 Termination.
R1230D GC 5.12 (2011-05-16) Disbursements
- Subject to any provisions specifically to the contrary in the Supplementary Conditions, the following costs shall be included in the fees required to deliver the consultant services and shall not be reimbursed separately;
- reproduction and delivery costs of drawings, CADD files, specifications and other Technical Documentation specified in the Project Brief;
- standard office expenses such as any photocopying, computer costs, Internet, cellular phone costs, long distance telephone and fax costs, including that between the Consultant's main office and branch offices or between the Consultant's offices and other team members offices;
- courier and delivery charges for deliverables specified in the Project Brief;
- plotting;
- presentation material;
- parking fees;
- taxi charges;
- travel time;
- travel expenses; and
- local project office.
- Subject to any provisions specifically to the contrary in the Supplementary Conditions, the following disbursements reasonably incurred by the Consultant, that are related to the Services and approved by the Departmental Representative, shall be reimbursed to the Consultant at actual cost:
- reproduction and delivery costs of drawings, CADD files, specifications and other Technical Documentation additional to that specified in the Project Brief;
- transportation costs for material samples and models additional to that specified in the Project Brief;
- project related travel and accommodation additional to that specified in the Project Brief shall be reimbursed in accordance with current National Joint Council (NJC) Travel Directive ; and
- other disbursements made with the prior approval and authorization of the Departmental Representative.
- Disbursements shall be Project related and shall not include expenses that are related to the normal operation of the Consultant's business. The amounts payable, shall not exceed the amount entered in the Agreement Particulars, without the prior authorization of the Departmental Representative.
2016-01-28SupersededR1230DARCHIVED General Condition (GC) 5 – Terms of Payment – Architectural and/or Engineering Services
2015-02-25SupersededR1230DARCHIVED General Condition (GC) 5 - Terms of Payment
2012-07-16SupersededR1230DARCHIVED General Condition (GC) 5 - Terms of Payment
2011-05-16SupersededR1230DARCHIVED GC5 - Terms of Payment
2003-05-30SupersededR1230DARCHIVED GC 5 - Terms of Payment
R1235D
Effective Date
Item Status
ID
Title
2011-05-16ActiveR1235DGeneral Condition (GC) 6 - Changes
Remarks – Recommended Use of SACC Item
Legal text for SACC item
The Agreement may not be amended, or modified, nor shall any of its terms and conditions be waived, except by agreement in writing executed by both parties.
2003-05-30SupersededR1235DARCHIVED GC 6 - Changes
R1240D
Effective Date
Item Status
ID
Title
2018-06-21ActiveR1240DGeneral Condition (GC) 7 - Taking the Services out of the Consultant's Hands, Suspension or Termination
Remarks – Recommended Use of SACC Item
Legal text for SACC item
R1240D GC7.1 (2011-05-16) Taking the Services Out of the Consultant's Hands
- Canada may take all or any part of the Services out of the Consultant's hands and may employ reasonable means necessary to complete such Services in the event that:
- the Consultant has become insolvent or has committed an act of bankruptcy, and has neither made a proposal to the Consultant's creditors nor filed a notice of intention to make such a proposal, pursuant to the Bankruptcy and Insolvency Act, or
- the Consultant fails to perform any of the Consultant's obligations under the Agreement or, in Canada's opinion, so fails to make progress as to endanger performance of the Agreement, in accordance with its terms.
- If the Consultant has become insolvent or has committed an act of bankruptcy, and has either made a proposal to the Consultant's creditors or filed a notice of intention to make such a proposal, pursuant to the Bankruptcy and Insolvency Act, the Consultant must immediately forward a copy of the proposal or the notice of intention to the Contracting Authority.
- Before the Services or any part thereof are taken out of the Consultant's hands under paragraph 1.(b), the Departmental Representative will provide notice to the Consultant, and may require such failure of performance or progress to be corrected. If within fourteen (14) days after receipt of notice the default is not corrected or corrective action is not initiated to correct such fault, Canada may, by notice, without limiting any other right or remedy, take all or any part of the Services out of the Consultant's hands.
- If the Services or any part thereof have been taken out of the Consultant's hands, the Consultant will be liable for, and upon demand pay to Canada, an amount equal to all loss and damage suffered by Canada by reason of the non-completion of the Services by the Consultant.
- If the Consultant fails to pay on demand for the loss or damage as a result of subsection 4, Canada will be entitled to deduct and withhold the same from any payments due and payable to the Consultant.
- The taking of the Services, or any part thereof, out of the Consultant's hands does not relieve or discharge the Consultant from any obligation under the Agreement, or imposed upon the Consultant by law, in respect to the Services or any part thereof that the Consultant has performed.
R1240D GC7.2 (2018-06-21) Suspension
- Canada may, in Canada’s sole and absolute discretion suspend the Services being provided, or any part thereof, for a specified or unspecified period by giving notice of suspension in writing to the Consultant. The Consultant shall not be entitled to be paid any amount whatsoever for a suspension, other than such amount, if any, payable to the Consultant in accordance with Suspension Costs provisions in GC 5.10.
- If a period of suspension does not exceed sixty (60) days and when taken together with other periods of suspension does not exceed ninety (90) days, the Consultant shall, upon the expiration of that period, resume the performance of the Services in accordance with the terms of the Agreement.
- If a period of suspension exceeds sixty (60) days, or when taken together with other periods of suspension the total exceeds ninety (90) days, Canada and the Consultant may agree that the performance of the Services shall be continued by the Consultant, and the Consultant shall resume performance of the Services, subject only to such terms and conditions agreed upon by Canada and the Consultant in writing.
If Canada and the Consultant do not agree that performance of the Services shall be continued by the Consultant, or upon the terms and conditions under which the Consultant shall continue the Services, the notice of suspension shall be deemed to be a notice of termination in accordance with the terms of GC 7.3. For clarity, Termination Costs in GC5.11 shall be without duplication of Suspension Costs provisions in GC 5.10.R1240D GC7.3 (2018-06-21) Termination
Canada may, in Canada’s sole and absolute discretion, terminate the Agreement at any time by giving notice of termination in writing to the Consultant. The Consultant shall not be paid any amount whatsoever for a termination, other than such amount, if any, payable to the Consultant in accordance with the Termination Costs provisions in GC5.11.
2011-05-16SupersededR1240DARCHIVED General Condition (GC) 7 - Taking the Services out of the Consultant's Hands, Suspension or Termination
2007-05-25SupersededR1240DARCHIVED GC7 - Taking the Services out of the Consultant's Hands, Suspension or Termination
2003-05-30SupersededR1240DARCHIVED GC 7 - Taking the Services out of the Consultant's Hands, Suspension or Termination
R1245D
Effective Date
Item Status
ID
Title
2016-01-28ActiveR1245DGeneral Condition (GC) 8 – Dispute Resolution – Architectural and/or Engineering Services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- In the event of a disagreement regarding any aspect of the Services or any instructions given under the Agreement:
- the Consultant may give a notice of disagreement to the Departmental Representative. Such notice shall be promptly given and contain the particulars of the disagreement, any changes in time or amounts claimed, and reference to the relevant clauses of the Agreement;
- the Consultant shall continue to perform the Services in accordance with the instructions of the Departmental Representative; and
- the Consultant and the Departmental Representative shall attempt to resolve the disagreement by negotiations conducted in good faith. The negotiations shall be conducted, first, at the level of the Consultant's project representative and the Departmental Representative and, secondly and if necessary, at the level of a principal of the Consultant firm and a senior departmental manager.
- The Consultant's continued performance of the Services in accordance with the instructions of the Departmental Representative shall not jeopardize the legal position of the Consultant in any disagreement.
- If it was subsequently agreed or determined that the instructions given were in error or contrary to the Agreement, Canada shall pay the Consultant those fees the Consultant shall have earned as a result of the change(s) in the Services provided, together with those reasonable disbursements arising from the change(s) and which have been authorized by the Departmental Representative.
- The fees mentioned in subsection 3 shall be calculated in accordance with the Terms of Payment set out in the Agreement.
- If the disagreement is not settled, the Consultant may make a request to the Departmental Representative for a written departmental decision and the Departmental Representative shall give notice of the departmental decision within fourteen (14) days of receiving the request, setting out the particulars of the response and any relevant clauses of the Agreement.
- Within fourteen (14) days of receipt of the written departmental decision, the Consultant shall notify the Departmental Representative if the Consultant accepts or rejects the decision.
- If the Consultant rejects the departmental decision, the Consultant, by notice may refer the disagreement to Mediation.
- If the disagreement is referred to Mediation, the Mediation shall be conducted with the assistance of a skilled and experienced mediator chosen by the Consultant from a list of mediators proposed by Canada, and departmental Mediation procedures shall be used unless the parties agree otherwise.
- Negotiations conducted under the Agreement, including those conducted during Mediation, shall be without prejudice.
2012-07-16SupersededR1245DARCHIVED General Condition (GC) 8 - Dispute Resolution
2011-05-16SupersededR1245DARCHIVED GC8 - Dispute Resolution
2003-05-30SupersededR1245DARCHIVED GC 8 - Dispute Resolution
R1250D
Effective Date
Item Status
ID
Title
2022-12-01ActiveR1250DGeneral Condition (GC) 9 - Indemnification and Insurance
Remarks – Recommended Use of SACC Item
This clause requires a minimum of $1M Professional Liability insurance. Use the clause R1650D for the projects where only a minimum of $250,000 Professional Liability insurance is required.
Legal text for SACC item
R1250D GC9.1 (2003-05-30) Indemnification
- The Consultant shall indemnify and save harmless Canada, its employees and agents, from losses arising out of the errors, omissions or negligent acts of the Consultant, its employees and agents, in the performance of the Services under the Agreement.
- The Consultant's liability to indemnify or reimburse Canada under the Agreement shall not affect or prejudice Canada from exercising any other rights under law.
R1250D GC9.2 (2022-12-01) Insurance Requirements
- General
- The Consultant shall ensure that appropriate liability insurance coverage is in place to cover the Consultant and the members of the Consultant Team and shall maintain all required insurance policies as specified herein.
- The Consultant shall, if requested by the Contracting Officer at any time, provide to the Contracting Officer an Insurer's Certificate of Insurance and/or the originals or certified true copies of all contracts of insurance maintained by the Consultant pursuant to the provisions contained herein.
- The payment of monies up to the deductible amount made in satisfaction of a claim shall be borne by the Consultant.
- Any insurance coverages additional to those required herein that the Consultant and the other members of the Consultant Team may deem necessary for their own protection or to fulfill their obligations shall be at their own discretion and expense.
- Commercial General Liability
- The insurance coverage provided shall not be less than that provided by IBC Form 2100, as amended from time to time, and shall have: a limit of liability of not less than $5,000,000 per occurrence; an aggregate limit of not less than $5,000,000 within any policy year.
- The policy shall insure the Consultant and shall include His Majesty the King in right of Canada, represented by the Minister of Public Works and Government Services as an Additional Insured, with respect to liability arising out of the performance of the Services.
- Professional Liability
- The Professional Liability insurance coverage shall be in an amount usual for the nature and scope of the Services but, shall have a limit of liability of not less than $1,000,000 per claim, and be continually maintained from the commencement of performance of the Services until five (5) years after their completion.
- Notice of Cancellation of Insurance Coverage: The Consultant shall immediately advise the Contracting Authority in writing upon being informed or in receipt of any notification of a pending cancellation of its professional Liability insurance or of any reduction to the claim limits it maintains.
2017-11-28SupersededR1250DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2015-07-03SupersededR1250DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2015-02-25SupersededR1250DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2012-07-16SupersededR1250DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2011-05-16SupersededR1250DARCHIVED GC9 - Indemnification and Insurance
2007-05-25SupersededR1250DARCHIVED GC9 - Indemnification and Insurance
2005-12-16SupersededR1250DARCHIVED GC 9 - Indemnification and Insurance
2005-06-10SupersededR1250DARCHIVED GC 9 - Indemnification and Insurance
2003-05-30SupersededR1250DARCHIVED GC 9 - Indemnification and Insurance
R1270D
Effective Date
Item Status
ID
Title
2006-06-16CancelledR1270DARCHIVED International Sanctions
Remarks – Recommended Use of SACC Item
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 Consultant not supply to
the Government of Canada any goods or services which are subject to
economic sanctions.
3. By law, the Consultant 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 Consultant, the
situation will be treated by the Parties as a force majeure. The
Consultant shall forthwith inform Canada of the situation; the
procedures applicable to force majeure shall then apply.
2003-05-30SupersededR1270DARCHIVED International Sanctions
R1290D
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1290DARCHIVED Agreement Particulars
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation.
Legal text for SACC item
REQUIRED SERVICES PERCENTAGE FEE
| Firm Percentage Fee of | ___________% |
|---|---|
| Indicative Estimate of Construction Cost (Class D): | X $____________ (including GST) |
| $____________ |
The actual percentage fee for Required Services will recognize the variability of the Construction Cost Estimate as the project develops ( refer to formula specified in GC 5.2.1.(a). Payments will be made as specified in GC 5.4.1 FIXED FEE
| Services | Fixed Fee |
|---|---|
| ___________________________ | $_________ |
| ___________________________ | $_________ |
| ___________________________ | $_________ |
| Maximum Fixed Fees | $_________ |
FIXED FEE - UNIT PRICE
| # of Units | Services | Cost / Unit | Fixed Fee |
|---|---|---|---|
| _____ | __________________ | @$______ = | $_________ |
| _____ | __________________ | @$______ = | $_________ |
| _____ | __________________ | @$______ = | $_________ |
| Maximum Fixed Fees | $_________ | ||
TIME BASED FEES
| Services | Time Based Fee |
|---|---|
| __________________________ | $_________ |
| __________________________ | $_________ |
| __________________________ | $_________ |
| Maximum Time Based Fees | $_________ |
Hourly rates are to be provided below. TOTAL MAXIMUM FEE FOR REQUIRED SERVICES $_________ DISBURSEMENTS At cost without allowance for mark-up or profit, supported by invoices/ receipts: (specify and enter limit)
| __________________________ | $_________ |
| __________________________ | $_________ |
| __________________________ | $_________ |
| Maximum Amount For Disbursements | $_________ |
|---|
The following hourly rates may be used in the event that the original services change during the course of the contract. PRINCIPALS - All inclusive hourly rate to be fixed for the duration of the Contract.
| Name | $ per hour |
|---|---|
| _________________________________ | $_________ |
| _________________________________ | $_________ |
| _________________________________ | $_________ |
| _________________________________ | $_________ |
| _________________________________ | $_________ |
| _________________________________ | $_________ |
STAFF - Payroll Cost Factor to be fixed for the duration of the contract. For the administration of the Contract, Hourly Rate increases for staff are to be documented to PWGSC for approval.
| Name / Position | $ per hour (excluding factor) | Factor |
|---|---|---|
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
| __________________________ | _____________ | _____________________ |
R1320D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1320DARCHIVED Language Requirements
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in Agreements where the consultant must be capable of providing services in both official languages.
Legal text for SACC item
1. Communication between Canada and the Consultant shall be in the
language of choice of the Consultant Team, which shall be deemed to
be the language of the Consultant's proposal.
2. The Consultant's services during tender call (such as addenda
preparation, tenderers' briefing meetings, technical answers to
questions by bidders) shall be provided expeditiously in both
languages, as necessary.
3. The Consultant's services during construction shall be provided in
the language of choice of the Contractor. The successful bidder(s)
will be asked to commit to one or other of Canada's official
languages upon award of the Construction Contract and, thereafter
construction and contract administration services will be conducted
in the language chosen by the Contractor.
4. Other services required in both of Canada's official languages (such
as construction documentation) are described in detail in the
Project Brief.
5. The Consultant Team, including the Prime Consultant, Sub-Consultants
and Specialists Consultants shall ensure that the services being
provided in either language shall be to a professional standard.
2003-05-30SupersededR1320DARCHIVED Language Requirements
R1330D
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1330DARCHIVED Supplementary Insurance Requirements
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. If there are modifications required to clause GC 9 in R1250D or in R1650D, these must be reflected here.
Legal text for SACC item
1. Supplementary to what is required under GC 9.2, the Consultant shall
maintain the following supplementary insurance coverage:
(a) Commercial General Liability shall have a limit of liability
of not less than $ _____ for any one occurrence or series of
occurrences arising out of one cause, and shall have property
damage deductible of not more than $ _____ per occurrence.
(b) Professional Liability shall have a limit of liability of not
less than $ _____ per claim.
(c) the premium, if any, for Supplementary Insurance bringing the
liability coverage from $1,000,000 to $ _____ shall be
reimbursed to the Consultant at actual cost. The amount
payable, shall not exceed the amount entered in the Agreement
Particulars, without the prior authorization of the
Departmental Representative.
R1410T
Effective Date
Item Status
ID
Title
2022-01-28ActiveR1410TGeneral Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
Remarks – Recommended Use of SACC Item
Use the following clause in 1 Phase RFP .
Legal text for SACC item
- GI1 Integrity provisions—proposal
- GI2 Definitions
- GI3 Overview of selection procedure
- GI4 Procurement Business Number
- GI5 Responsive proposals
- GI6 Completion of submission
- GI7 Proposal price
- GI8 Communications—solicitation period
- GI9 Limitation of submissions
- GI10 Licensing requirements
- GI11Rejection of proposal
- GI12 Not applicable
- GI13 Insurance requirements
- GI14 Joint venture
- GI15 Composition of Consultant Team
- GI16 Submission of proposal
- GI17 Late submissions
- GI18 Revision of proposal
- GI19 Acceptance of proposal
- GI20 Legal capacity
- GI21 Debriefing
- GI22 Financial capability
- GI23 Performance evaluation
- GI24 Proposal costs
- GI25 Conflict of interest—unfair advantage
- GI26 Limitation of liability
- GI27 Code of Conduct for Procurement—proposal
R1410T GI1 (2016-04-04) Integrity provisions—proposal
- The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Proponent must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
- Under the Policy, charges and convictions of certain offences against a Supplier, its affiliates or first tier sub-consultants, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Supplier is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
- In addition to all other information required in the bid solicitation, the Proponent must provide the following:
- by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
- with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier sub-consultants that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
- Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Proponent certifies that:
- it has read and understands the Ineligibility and Suspension Policy;
- it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
- it is aware that Canada may request additional information, certifications, and validations from the Proponent or a third party for purposes of making a determination of ineligibility or suspension;
- it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier sub-consultants that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
- none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier sub-consultants; and
- it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
- Where a Proponent is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
- Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Proponent provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Proponent to be ineligible for award of a contract for providing a false or misleading certification or declaration.
R1410T GI2 (2016-01-28) Definitions
In this Request for Proposal (RFP), the following words or phrases have the corresponding meaning.
- "Applicable Taxes":
- The Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013.
- "Consultant Team":
- The team of consultants, specialists and subconsultants, including the Proponent, proposed by the Proponent to perform the services required.
- "Key Personnel":
- Staff of the Proponent, subconsultants and specialists proposed to be assigned to this project.
- "Price Rating":
- A rating assigned to the price component of a proposal and subsequently used to establish a Price Score for inclusion as a percentage of the total score to be established following the evaluation and rating of technical proposals.
- "Proponent":
- The person or entity (or, in the case of a joint venture, the persons or entities) which submits a proposal. It does not include the parent, subsidiaries or other affiliates of the Proponent, or its sub-consultants.
- "PWGSC Evaluation Board":
- The board established to evaluate and rate proposals. Board members represent a broad cross-section of professional qualifications and experience.
- "Technical Rating":
- A rating assigned to the technical component of a proposal in the selection procedure and subsequently used to establish a Technical Score for inclusion as a percentage of the total score.
R1410T GI3 (2015-03-25) Overview of selection procedure
The following is an overview of the selection procedure.
3.1 Proposal
- Proposals are submitted following a "two-envelope" procedure, in which Proponents submit the "technical" component of their proposal in one envelope and the proposed price of the services (price proposal) in a second envelope.
- The information that Proponents are required to provide is set out in detail elsewhere in the RFP.
- In response to the RFP, interested Proponents submit a proposal in which they:
- indicate whether the proposal is submitted by an individual firm or by a joint venture;
- if the proposal is submitted by a joint venture, describe the proposed legal and working relationships of the joint venture and the benefits to be gained by the formation of the joint venture;
- identify the prime consultants and key sub consultants and specialists proposed for inclusion in the Consultant Team, and the proposed organizational structure of the Team;
- describe the extent to which proposed members of the Consultant Team have successfully performed services for projects comparable to the project which is the subject of the proposal;
- identify the professional accreditation, experience, expertise and competence of the Consultant Team and Key Personnel proposed to be assigned to perform the required services.
- comply with all other requirements set out in the RFP.
3.2 Proposal evaluation and rating
- Technical components of all responsive proposals are reviewed, evaluated and rated by a Public Works and Government Services Canada (PWGSC) Evaluation Board in accordance with the criteria, components and weight factors set out in the RFP. Upon completion of the evaluation, Technical Ratings are established.
- Proposals achieving the minimum Technical Score specified in the Submission Requirements and Evaluation section of the RFP are further considered.
- The price envelopes of all responsive proposals are opened upon completion of the technical evaluation. When there are three or more responsive proposals, an average price is determined by adding all the price proposals together and dividing the total by the number of price proposals opened. This calculation will not be conducted when one or two responsive proposals are received.
- All price proposals which are greater than 25 percent above the average price will cause their respective complete proposals to be set aside and receive no further consideration.
- The remaining price proposals are rated as follows:
- The lowest price proposal receives a Price Rating of 100.
- The second, third, fourth and fifth lowest prices receive Price Ratings of 80, 60, 40, and 20 respectively. All other price proposals receive a Price Rating of 0.
- On the rare occasion where two (or more) price proposals are identical, these price proposals receive the same rating and the corresponding number of following ratings are skipped.
- The Price Rating is multiplied by a predetermined percentage factor to establish a Price Score.
- A price proposal in excess of any maximum funding limit, when this limit has been set in the Supplementary Instructions to Proponents, may result in disqualification of the complete proposal.
3.3 Total score
- The total overall score (Total Score) assigned to each Proponent's complete proposal is calculated as the aggregate of:
- the Technical Score (first envelope of the proposal), and
- the Price Score (second envelope of the proposal).
- The Proponent receiving the highest Total Score is the first entity that the PWGSC Evaluation Board will recommend for the provision of the required services.
3.4 Notification
PWGSC normally expects to advise in writing unsuccessful Proponents within one week after PWGSC has entered into a contractual arrangement with the successful Proponent.
R1410T GI4 (2020-05-28) Procurement Business Number
Proponents are required to have a Procurement Business Number (PBN) before contract award. Proponents may register for a PBN online at Supplier Registration Information.
R1410T GI5 (2003-05-30) Responsive proposals
To be considered responsive, a proposal must meet all of the mandatory requirements set out in the RFP. No further consideration in the selection procedure will be given to a Proponent submitting a non-responsive proposal.
R1410T GI6 (2011-05-16) Completion of submission
The Proponent shall base the proposal on the applicable proposal documents listed in the Supplementary Instructions to Proponents.
R1410T GI7 (2014-03-01) Proposal price
Unless specified otherwise elsewhere in the proposal documents:
- the price proposal shall be in Canadian currency, and
- the price proposal shall not include any amount for Applicable Taxes, and
- the requirement does not offer exchange rate fluctuation risk mitigation. Requests for exchange rate fluctuation risk mitigation will not be considered. All proposals including such provision will render the proposal non-responsive.
R1410T GI8 (2014-03-01) Communications—solicitation period
To ensure the integrity of the competitive bid process, enquiries and other communications regarding the RFP must be directed only to the Contracting Authority identified in the RFP. Failure to comply with this requirement may result in the proposal being declared non-responsive.
To ensure consistency and quality of information provided to proponents, significant enquiries received and their replies will be posted on the Government Electronic Tendering Service (GETS).
R1410T GI9 (2013-04-25) Limitation of submissions
- A Proponent may not submit more than one proposal. This limitation also applies to the persons or entities in the case of a joint venture. If more than one proposal is received from a Proponent (or, in the case of a joint venture, from the persons or entities), all such proposals shall be rejected and no further consideration shall be given.
- A joint venture is defined as an association of two or more parties which 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.
- An arrangement whereby Canada contracts directly with a prime consultant who may retain sub-consultants or specialist consultants to perform portions of the services is not a joint venture arrangement. A sub-consultant or specialist consultant may, therefore, be proposed as part of the Consultant Team by more than one Proponent. The Proponent warrants that it has written permission from such sub-consultant or specialist consultant to propose their services in relation to the services to be performed.
- Notwithstanding paragraph 3. above, in order to avoid any conflict of interest, or any perception of conflict of interest, a Proponent shall not include in its submission another Proponent as a member of its consultant team, as a sub-consultant or specialist consultant.
- Any joint venture entered into for the provision of professional services or other services must be in full compliance with the requirements of any provincial or territorial law pertaining thereto in the Province or Territory in which the project is located.
R1410T GI10 (2011-05-16) Licensing requirements
- Consultant Team members and Key Personnel shall be, or be eligible to be licensed, certified or otherwise authorized to provide the necessary professional services to the full extent that may be required by provincial or territorial law in the Province or Territory in which the project is located.
- By virtue of submission of a proposal, the Proponent certifies that the Proponent's Consultant Team and Key Personnel are in compliance with the requirements of subsection 1 above. The Proponent acknowledges that PWGSC reserves the right to verify any information in this regard and that false or erroneous certification may result in the proposal being declared non-responsive.
R1410T GI11 (2012-07-16) Rejection of proposal
- Canada may reject a proposal where any of the following circumstances is present:
- the Proponent has been declared ineligible for selection, following unsatisfactory performance in a previous project as determined in accordance with the department's performance review procedures;
- an employee, sub-consultant or specialist consultant included as part of the proposal has been declared ineligible, for selection for work with the department in accordance with the performance review procedure referred to in paragraph 1.(a), which would render the employee, sub-consultant or specialist consultant ineligible to bid on the requirement, or the portion of the requirement the employee, sub-consultant or specialist consultant is to perform;
- the Proponent is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
- evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Proponent, any of its employees, any sub-consultant or any specialist consultant included as part of the proposal;
- evidence satisfactory to Canada that based on past conduct or behavior, the Proponent, a sub-consultant, a specialist consultant or a person who is to perform the Services is unsuitable or has conducted himself/herself improperly;
- with respect to current or prior transactions with the Government of Canada,
- Canada has exercised its contractual remedies of taking the services out of the consultant's hands, suspension or termination for default with respect to a contract with the Proponent, any of its employees, any sub-consultant or any specialist consultant included as part of the proposal;
- Canada determines that the Proponent's performance on other contracts, including the quality of the services provided and the quality and timeliness of the delivery of the project, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
- Where Canada intends to reject a proposal pursuant to subsection 1.(f), the Contracting Authority will so inform the Proponent and provide the Proponent ten (10) days within which to make representations, before making a final decision on the proposal rejection.
R1410T GI12 (2015-02-25) Not applicable
Not applicable
R1410T GI13 (2011-05-16) Insurance requirements
The successful Proponent shall be required to obtain and maintain Professional Liability and Commercial General Liability insurance coverage in accordance with the requirements set out elsewhere in the proposal documents.
R1410T GI14 (2011-05-16) Joint venture
- A joint venture is an association of two or more parties who combine their money, property, knowledge, expertise or other resources in a single joint business enterprise, sometimes referred as a consortium, to bid together on a requirement. Proponents who bid as a joint venture must indicate clearly that it is a joint venture and provide the following information:
- the name of each member of the joint venture;
- the Procurement Business Number of each member of the joint venture;
- the name of the representative of the joint venture, i.e. the member chosen by the other members to act on their behalf, if applicable;
- the name of the joint venture, if applicable.
- If the information is not clearly provided in the proposal, the Proponent must provide the information on request from the Contracting Authority.
- The proposal and any resulting contract must be signed by all the members of the joint venture unless one member has been appointed to act on behalf of all members of the joint venture. The Contracting Authority may, at any time, require each member of the joint venture to confirm that the representative has been appointed with full authority to act as its representative for the purposes of the bid solicitation and any resulting contract. If a contract is awarded to a joint venture, all members of the joint venture will be jointly and severally or solidarily liable for the performance of any resulting contract.
R1410T GI15 (2003-05-30) Composition of Consultant Team
By submitting a proposal, the Proponent represents and warrants that the entities and persons proposed in the proposal to perform the required services will be the entities and persons that will perform the services in the fulfillment of the project under any contractual arrangement arising from submission of the proposal. If the Proponent has proposed any person in fulfillment of the project who is not an employee of the Proponent, the Proponent warrants that it has written permission from such person (or the employer of such person) to propose the services of such person in relation to the services to be performed.
R1410T GI16 (2014-03-01) Submission of proposal
- Canada requires that each proposal, at closing date and time or upon request from the Contracting Authority, be signed by the Proponent or by an authorized representative of the Proponent. If a proposal is submitted by a joint venture, it must be in accordance with section GI14.
- It is the Proponent's responsibility to:
- submit a proposal, duly completed, in the format requested, on or before the closing date and time set;
- send its proposal only to Public Works and Government Services Canada (PWGSC) Bid Receiving Unit specified on page 1 of the RFP or to the address specified in the RFP ;
- obtain clarification of the requirements contained in the RFP, if necessary, before submitting a proposal;
- ensure that the Proponent's name, return address, the solicitation number and description, and solicitation closing date and time are clearly visible on the envelope or the parcel(s) containing the proposal; and
- provide a comprehensive and sufficiently detailed proposal that will permit a complete evaluation in accordance with the criteria set out in this RFP.
- The technical and price components of the proposal must be submitted in separate, easily identified envelopes in accordance with the instructions contained in the proposal documents. Both envelopes shall be submitted as one package which shall clearly and conspicuously display and indicate on the outside of the package the information identified in subsection 2.(d) above.
- Timely and correct delivery of proposals to the office designated for receipt of proposals is the sole responsibility of the Proponent. PWGSC will not assume or have transferred to it those responsibilities. All risks and consequences of incorrect delivery of proposals are the responsibility of the Proponent.
- Proposals and supporting information may be submitted in either English or French.
- Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments using GETS. It is the sole responsibility of the Proponent to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Proponent’s part nor for notification services offered by a third party.
R1410T GI17 (2011-05-16) Late submissions
Submissions delivered after the stipulated closing date and time will be returned unopened.
R1410T GI18 (2011-05-16) Revision of proposal
A proposal submitted may be amended by letter or facsimile provided the revision is received at the office designated for the receipt of proposals, on or before the date and time set for the receipt of proposals. The revision must be on the Proponent's letterhead or bear a signature that identifies the Proponent, and must clearly identify the change(s) to be applied to the original proposal. The revision must also include the information identified in GI16.2.(d).
R1410T GI19 (2012-07-16) Acceptance of proposal
- Canada may accept any proposal, or may reject any or all proposals.
- In the case of error in the extension or addition of unit prices, the unit price will govern.
- While Canada may enter into an agreement or contractual arrangement without prior negotiation, Canada reserves the right to negotiate with Proponents on any procurement.
- Canada reserves the right to cancel or amend the RFP at any time.
R1410T GI20 (2011-05-16) Legal capacity
The Proponent must have the Legal capacity to contract. If the Proponent is a sole proprietorship, a partnership or a corporate body, the Proponent must provide, if requested by the Contracting Authority, a statement and any requested supporting documentation indicating the laws under which it is registered or incorporated together with the registered or corporate name and place of business. This also applies to Proponents submitting a proposal as a joint venture.
R1410T GI21 (2013-06-27) Debriefing
Should a Proponent desire a debriefing, the Proponent should contact the person identified on the front page of the RFP within 15 working days of the notification of the results of the solicitation. The debriefing will include an outline of the strengths and weaknesses of the submission, referring to the evaluation criteria. The confidentiality of information relating to other submissions will be protected. The debriefing may be provided in writing, by telephone or in person.
R1410T GI22 (2013-06-27) Financial capability
- Financial capability Requirement: The Proponent must have the financial capability to fulfill this requirement. To determine the Proponent's financial capability, the Contracting Authority may, by written notice to the Proponent, require the submission of some or all of the financial information detailed below during the evaluation of proposals. The Proponent must provide the following information to the Contracting Authority within fifteen (15) working days of the request or as specified by the Contracting Authority in the notice:
- Audited financial statements, if available, or the unaudited financial statements (prepared by the Proponent's outside accounting firm, if available, or prepared in-house if no external statements have been prepared) for the Proponent's last three fiscal years, or for the years that the Proponent has been in business if this is less than three years (including, as a minimum, the Balance Sheet, the Statement of Retained Earnings, the Income Statement and any notes to the statements).
- If the date of the financial statements in (a) above is more than five months before the date of the request for information by the Contracting Authority, the Proponent must also provide, unless this is prohibited by legislation for public companies, the last quarterly financial statements (consisting of a Balance Sheet and a year-to-date Income Statement), as of two months before the date on which the Contracting Authority requests this information.
- If the Proponent has not been in business for at least one full fiscal year, the following must be provided:
- the opening Balance Sheet on commencement of business (in the case of a corporation, the date of incorporation); and
- the last quarterly financial statements (consisting of a Balance Sheet and a year-to-date Income Statement) as of two months before the date on which the Contracting Authority requests this information.
- A certification from the Chief Financial Officer or an authorized signing officer of the Proponent that the financial information provided is complete and accurate.
- A confirmation letter from all of the financial institution(s) that have provided short-term financing to the Proponent outlining the total of lines of credit granted to the Proponent and the amount of credit that remains available and not drawn upon as of one month prior to the date on which the Contracting Authority requests this information.
- A detailed monthly Cash Flow Statement covering all the Proponent's activities (including the requirement) for the first two years of the requirement that is the subject of the bid solicitation, unless this is prohibited by legislation. This statement must detail the Proponent's major sources and amounts of cash and the major items of cash expenditures on a monthly basis, for all the Proponent's activities. All assumptions made should be explained as well as details of how cash shortfalls will be financed.
- A detailed monthly Project Cash Flow Statement covering the first two years of the requirement that is the subject of the bid solicitation, unless this is prohibited by legislation. This statement must detail the Proponent's major sources and amounts of cash and the major items of cash expenditures, for the requirement, on a monthly basis. All assumptions made should be explained as well as details of how cash shortfalls will be financed.
- If the Proponent is a joint venture, the financial information required by the Contracting Authority must be provided by each member of the joint venture.
- If the Proponent is a subsidiary of another company, then any financial information in 1. (a) to (e) above required by the Contracting Authority must be provided by the ultimate parent company. Provision of parent company financial information does not by itself satisfy the requirement for the provision of the financial information of the Proponent, and the financial capability of a parent cannot be substituted for the financial capability of the Proponent itself unless an agreement by the parent company to sign a Parental Guarantee, as drawn up by Public Works and Government Services Canada (PWGSC), is provided with the required information.
- Financial Information Already Provided to PWGSC: The Proponent is not required to resubmit any financial information requested by the Contracting Authority that is already on file at PWGSC with the Contract Cost Analysis, Audit and Policy Directorate of the Policy, Risk, Integrity and Strategic Management Sector, provided that within the above-noted time frame:
It is the Proponent's responsibility to confirm with the Contracting Authority that this information is still on file with PWGSC.
- the Proponent identifies to the Contracting Authority in writing the specific information that is on file and the requirement for which this information was provided; and
- the Proponent authorizes the use of the information for this requirement.
- Other Information: Canada reserves the right to request from the Proponent any other information that Canada requires to conduct a complete financial capability assessment of the Proponent.
- Confidentiality: If the Proponent provides the information required above to Canada in confidence while indicating that the disclosed information is confidential, then Canada will treat the information in a confidential manner as permitted by the Access to Information Act, R.S.., 1985, c. A-1, section 20(1) (b) and (c).
- Security: In determining the Proponent's financial capability to fulfill this requirement, Canada may consider any security the Proponent is capable of providing, at the Proponent's sole expense (for example, an irrevocable letter of credit from a registered financial institution drawn in favour of Canada, a performance guarantee from a third party or some other form of security, as determined by Canada).
- In the event that a proposal is found to be non-compliant on the basis that the Proponent is considered not to be financially capable of performing the subject requirement, official notification shall be provided to the Proponent.
R1410T GI23 (2012-07-16) Performance evaluation
Proponents shall take note that the performance of the Consultant during and upon completion of the services shall be evaluated by Canada. The evaluation includes all or some of the following criteria: Design, Quality of Results, Management, Time and Cost. Should the Consultant's performance be considered unsatisfactory, the Consultant may be declared ineligible for future contracts. The form PWGSC-TPSGC 2913-1, SELECT - Consultant Performance Evaluation Report, is used to record the performance.
R1410T GI24 (2011-05-16) Proposal costs
No payment will be made for costs incurred in the preparation and submission of a proposal in response to the Request for proposal. Costs associated with preparing and submitting a proposal, as well as any costs incurred by the Proponent associated with the evaluation of the proposal, are the sole responsibility of the Proponent.
R1410T GI25 (2012-07-16) Conflict of interest—unfair advantage
- In order to protect the integrity of the procurement process, Proponents are advised that Canada may reject a proposal in the following circumstances:
- if the Proponent, any of its sub-consultants, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
- if the Proponent, any of its sub-consultants, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other Proponents and that would, in Canada's opinion, give or appear to give the Proponent an unfair advantage.
- The experience acquired by a Proponent who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This Proponent remains however subject to the criteria established above.
- Where Canada intends to reject a proposal under this section, the Contracting Authority will inform the Proponent and provide the Proponent an opportunity to make representations before making a final decision. Proponents who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a proposal, the Proponent represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Proponent acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.
R1410T GI26 (2011-05-16) Limitation of liability
Except as expressly and specifically permitted in this RFP, no Proponent or Potential Proponent shall have any claim for any compensation of any kind whatsoever in relation to this RFP, or any aspect of the procurement process, and by submitting a proposal each Proponent shall be deemed to have agreed that it has no claim.
R1410T GI27 (2022-01-28) Code of Conduct for Procurement—proposal
The Code of Conduct for Procurement provides that Proponents must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Proponent is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.
2020-05-28SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2017-08-17SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2016-04-04SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2016-01-28SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2015-07-03SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2015-04-01SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2015-02-25SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2014-09-25SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2014-06-26SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2014-03-01SupersededR1410TARCHIVED General Instructions (GI) – Architectural and/or Engineering Services – Request for Proposal
2013-06-27SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2013-04-25SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2013-01-28SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2012-11-19SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2012-07-16SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2011-05-16SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2010-08-16SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2010-01-11SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2007-05-25SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2005-12-16SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2004-12-10SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2004-05-14SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2003-12-12SupersededR1410TARCHIVED General Instructions to Proponents (GI)
2003-05-30SupersededR1410TARCHIVED General Instructions to Proponents (GI)
R1420T
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1420TARCHIVED Supplementary Instructions to Proponents (SI)
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 1 Phase proposals.
Legal text for SACC item
SI1 (2003-05-30) Introduction
1. Public Works and Government Services Canada (PWGSC) intends to
retain an individual consulting firm or joint venture to provide the
professional services for the project as set out in this Request for
Proposal (RFP).
2. This is a single phase selection process. The nature of the
requirement and the anticipated limited number of response by the
industry leads PWGSC to believe that this approach will not unduly
force a large number of firms to expend an overall unreasonable
amount of effort in response to PWGSC.
3. Proponents responding to this RFP are requested to submit a full and
complete proposal. The proposal will cover not only the
qualifications, experience and organization of the proposed
Consultant Team, but also the detailed approach to the work, and the
pricing and terms offered. A combination of the technical and price
of services submissions will constitute the proposal.
SI2 (2003-05-30) Questions or Requests for Clarification
Questions or requests for clarification during the Phase One solicitation
period must be submitted in writing to the Contracting Authority as early
as possible. Enquiries should be received no later than ten (10) working
days prior to the closing date identified on the front page of the RFP.
Enquiries received after that date may not be answered prior to the closing
date of the solicitation.
SI3 (2003-05-30) Canada's Trade Agreements
This procurement is covered under the provisions of the ________ [North
American Free Trade Agreement (NAFTA)] [World Trade Organization -
Agreement on Government Procurement (WTO-AGP)] [Agreement on Internal
Trade (AIT)].
2003-05-30SupersededR1420TARCHIVED Supplementayu Instructions to Proponents (SI)
R1430T
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1430TARCHIVED Proposal Documents
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 2 Phase proposals.
Legal text for SACC item
1. The following are the proposal documents:
(a) R1410T, General Instructions to Proponents (GI);
Supplementary Instructions to Proponents (SI)
Proposal Documents;
Project Brief;
Submission Requirements and Evaluation (SRE);
Any amendment to the solicitation document issued prior to
the date set for receipt of proposals.
(b) the general terms, conditions and clauses, as amended,
identified as:
Agreement
R1205D, General Conditions - Table of Contents
R1210D, GC1 - General Provisions
R1215D, GC2 - Administration of the Contract
R1220D, GC3 - Consultant Services
R1225D, GC4 - Intellectual Property
R1230D, GC5 - Terms of Payment
R1235D, GC6 - Changes
R1240D, GC7 - Taking the Services Out of the Consultant's
Hands, Suspension or Termination
R1245D, GC8 - Dispute Resolution
R1250D, GC9 - Indemnification and Insurance
R1270D, International Sanctions
Agreement Particulars
(c) the duly completed and signed proposal, Declaration Form and
Price Proposal Form when received and accepted;
(d) the document entitled "Doing Business with A&ES".
2. Submission of a proposal constitutes acknowledgment that the
Proponent has read and agrees to be bound by these documents.
3. Pursuant to the Department of Public Works and Government Services
Act, S.C. 1996, c.16, the general terms, conditions and clauses
identified herein by number, date and title, are hereby incorporated
by reference into and form part of this solicitation and any
resultant contract, as though expressly set out herein, subject to
any other express terms and conditions herein contained.
4. All instructions, general terms, conditions and clauses identified
herein by number, date and title are set out in the Standard
Acquisition Clauses and Conditions Manual issued by Public Works and
Government Services Canada (PWGSC).
An electronic version is available at the following PWGSC Website:
http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.
2003-12-12SupersededR1430TARCHIVED Proposal Documents
2003-05-30SupersededR1430TARCHIVED Proposal Documents
R1485T
Effective Date
Item Status
ID
Title
2010-08-16CancelledR1485TARCHIVED Declaration Form
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in 1 Stage - 1 Phase proposals.
Legal text for SACC item
This Request for Proposal (RFP) Declaration Form must form part of any
proposal. Failure to include such representation and warranty with the
proposal by executing the signature block below will render the proposal as
non-responsive. The completed form should be included with your Proposal.
NAME OF PROPONENT: ___________________________
Street Address: Mailing Address (if
different than street address)
_____________________________ _____________________________
_____________________________ _____________________________
City: ________________________ City: _________________________
Prov./Terr./State: ______________ Prov./Terr./State: _______________
Postal/ZIP Code: ______________ Postal/ZIP Code: ______________
Telephone Number: ____ ____ ______
Fax Number: ____ ____ _______
E-Mail: ______________________
Procurement Business Number: _______________________
TYPE OF ORGANIZATION
Sole Proprietorship _____ Partnership _____ Corporation _____ Joint
Venture _____
SIZE OF ORGANIZATION
Number of Employees: _____ Graduate Architects/Prof. Engineers: _____
Other Professionals: _____ Technical Support: _____
Other: _____
FEDERAL CONTRACTORS PROGRAM
1. The Federal Contractors Program (FCP) requires that some firms,
including a Proponent who is a member of a joint venture, 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 Proponent, or, if the Proponent is a joint
venture and if any member of the joint venture, is subject to the
FCP, evidence of its commitment must be provided before the award of
the Contract.
Firms who have been declared ineligible contractors by Human
Resources and Skills Development Canada (HRSDC) are no longer
eligible to receive government contracts over the threshold for
solicitation of bids as set out in the Government Contracts
Regulations. Firms 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 for a reason other than the
reduction of their workforce to less than 100 employees. Any bids
from ineligible contractors, including a bid from a joint venture
that has a member who is an ineligible contractor, will be declared
non-responsive.
2. If the Proponent 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, the Proponent must fax
(819-953-8768) a copy of the signed form LAB 1168, Certificate of
Commitment to Implement Employment Equity, to the Labour Branch of
HRSDC.
3. The Proponent, or, if the Proponent is a joint venture the member of
the joint venture, certifies its status with the FCP, as follows:
The Proponent or the member of the joint venture
(a) ( ) is not subject to the FCP, having a workforce of less
than 100 full-time or part-time permanent employees,
or temporary employees having worked 12 weeks or more
in Canada,
(b) ( ) is not subject to the FCP, being a regulated employer
under the Employment Equity Act, S.C. 1995, c. 44;
(c) ( ) is subject to the requirements of the FCP, having a
workforce of 100 or more full time or part-time
permanent employees, or temporary employees having
worked 12 weeks or more 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, and has a valid certificate
number as follows: _______ (e.g. has not been declared
an ineligible contractor by HRSDC).
For more information on the FCP, visit the HRSDC Website.
DECLARATION:
I, the undersigned, being a principal of the Proponent, hereby certify that
the information given on this form and in the attached Proposal is accurate
to the best of my knowledge.
Name (print): __________________________________
Capacity: __________________________________
Signature: __________________________________
Telephone Number: ___ ____ _______
Fax Number: ___ ____ _______
Date: ___________________
PWGSC contact will be with the above named person.
2010-01-11SupersededR1485TARCHIVED Declaration Form
2007-05-25SupersededR1485TARCHIVED Declaration Form
2004-12-10SupersededR1485TARCHIVED Declaration Form
2004-05-14SupersededR1485TARCHIVED Declaration Form
2003-12-12SupersededR1485TARCHIVED Declaration Form
2003-05-30SupersededR1485TARCHIVED Declaration Form
R1500D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1500DARCHIVED Agreement
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause in One Stage - One Phase requirements.
Legal text for SACC item
1. The Consultant understands and agrees that upon acceptance of the
offer by Canada, a binding Agreement shall be formed between Canada
and the Consultant and the documents forming the Agreement shall be
the following:
(a) the Front Page and this Agreement clause;
(b) the general terms, conditions and clauses, as amended,
identified as:
R1205D, General Conditions - Table of Contents
R1210D, GC1 - General Provisions
R1215D, GC2 - Administration of the Contract
R1220D, GC3 - Consultant Services
R1225D, GC4 - Intellectual Property
R1230D, GC5 - Terms of Payment
R1235D, GC6 - Changes
R1240D, GC7 - Taking the Services Out of the Consultant's
Hands, Suspension or Termination
R1245D, GC8 - Dispute Resolution
R1250D, GC9 - Indemnification and Insurance
R1270D, International Sanctions
Agreement Particulars;
(c) Project Brief;
(d) the document entitled "Doing Business with A&ES";
(e) any amendment to the solicitation document incorporated in
the Agreement before the date of the Agreement;
(f) the duly completed and signed proposal, Declaration Form and
Price Proposal Form.
2. Pursuant to the Department of Public Works and Government Services
Act, S.C. 1996, c.16, the general terms, conditions and clauses
identified herein by number, date and title, are hereby incorporated
by reference into and form part of this Agreement, as though
expressly set out herein, subject to any other express terms and
conditions herein contained.
3. All instructions, general terms, conditions and clauses identified
herein by number, date and title are set out in the Standard
Acquisition Clauses and Conditions Manual issued by Public Works and
Government Services Canada (PWGSC). The Manual is available at the
following PWGSC Website: http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.
4. Order of Precedence
In the event of any inconsistency or conflict in the contents of the
following documents, such documents shall take precedence and govern
in the following order:
(a) any amendment or variation in the Agreement that is made in
accordance with the terms and conditions of the Agreement;
(b) any amendment to the solicitation document incorporated in
the Agreement before the date of the Agreement;
(c) this Agreement clause;
(d) Supplementary Conditions;
(e) General Terms, Conditions and Clauses;
(f) Agreement Particulars;
(g) Project Brief;
(h) the document entitled "Doing Business with A&ES";
(i) the duly completed and signed proposal.
2005-12-16SupersededR1500DARCHIVED Agreement
2004-05-14SupersededR1500DARCHIVED Agreement
2003-12-12SupersededR1500DARCHIVED Agreement
2003-05-30SupersededR1500DARCHIVED Agreement
R1650D
Effective Date
Item Status
ID
Title
2022-12-01ActiveR1650DGeneral Condition (GC) 9 - Indemnification and Insurance
Remarks – Recommended Use of SACC Item
This clause requires a minimum of $250,000 Professional Liability insurance which is the industry standard for smaller projects. Use clause R1250D for the projects advertised on the Government Electronic Tendering Service or where a minimum of $1M Professional Liability insurance is required.
Legal text for SACC item
R1650D GC9.1 (2011-05-16) Indemnification
- The Consultant shall indemnify and save harmless Canada, its employees and agents, from losses arising out of the errors, omissions or negligent acts of the Consultant, its employees and agents, in the performance of the Services under the Agreement.
- The Consultant's liability to indemnify or reimburse Canada under the Agreement shall not affect or prejudice Canada from exercising any other rights under law.
R1650D GC9.2 (2022-12-01) Insurance Requirements
- General
- The Consultant shall ensure that appropriate liability insurance coverage is in place to cover the Consultant and the members of the Consultant Team and shall maintain all required insurance policies as specified herein.
- The Consultant shall, if requested by the Contracting Officer at any time, provide to the Contracting Officer an Insurer's Certificate of Insurance and/or the originals or certified true copies of all contracts of insurance maintained by the Consultant pursuant to the provisions contained herein.
- The payment of monies up to the deductible amount made in satisfaction of a claim shall be borne by the Consultant.
- Any insurance coverages additional to those required herein that the Consultant and the other members of the Consultant Team may deem necessary for their own protection or to fulfill their obligations shall be at their own discretion and expense.
- Commercial General Liability
- The insurance coverage provided shall not be less than that provided by IBC Form 2100, as amended from time to time, and shall have: a limit of liability of not less than $5,000,000 per occurrence; an aggregate limit of not less than $5,000,000 within any policy year.
- The policy shall insure the Consultant and shall include His Majesty the King in right of Canada, represented by the Minister of Public Works and Government Services as an Additional Insured, with respect to liability arising out of the performance of the Services.
- Professional Liability
- The Professional Liability insurance coverage shall be in an amount usual for the nature and scope of the Services but, shall have a limit of liability of not less than $250,000 per claim, and be continually maintained from the commencement of performance of the Services until five (5) years after their completion.
- Notice of Cancellation of Insurance Coverage: The Consultant shall immediately advise the Contracting Authority in writing upon being informed or in receipt of any notification of a pending cancellation of its professional Liability insurance or of any reduction to the claim limits it maintains.
2017-11-28SupersededR1650DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2015-07-03SupersededR1650DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2015-02-25SupersededR1650DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2012-07-16SupersededR1650DARCHIVED General Condition (GC) 9 - Indemnification and Insurance
2011-05-16SupersededR1650DARCHIVED GC9 - Indemnification and Insurance
2007-05-25SupersededR1650DARCHIVED GC9 - Indemnification and Insurance
2005-12-16SupersededR1650DARCHIVED GC 9 - Indemnification and Insurance
2005-06-10SupersededR1650DARCHIVED GC 9 - Indemnification and Insurance
2003-05-30SupersededR1650DARCHIVED GC 9 - Imdemnification and Insurance
R1800D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1800DARCHIVED Agreement
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause with Open Agreements only.
Legal text for SACC item
1. The Consultant understands and agrees that upon acceptance of the
offer by Canada, a binding Agreement shall be formed between Canada
and the Consultant and the documents forming the Agreement shall be
the following:
(a) the Front Page and this Agreement clause;
(b) the general terms, conditions and clauses, as amended,
identified as:
R1805D, General Conditions - Open - Table of Contents
R1210D, GC1 - General Provisions
R1215D, GC2 - Administration of the Contract
R1220D, GC3 - Consultant Services
R1226D, GC4 - Copyright and Reuse of Documents
R1830D, GC5 - Terms of Payment
R1235D, GC6 - Changes
R1240D, GC7 Taking the Services Out of the Consultant's
Hands, Suspension or Termination
R1245D, GC8 - Dispute Resolution
R1650D, GC9 - Indemnification and Insurance
R1270D, International Sanctions
R1810D, Supplementary Conditions - Open
Agreement Particulars - Open;
(c) the document entitled "Doing Business with A&ES";
(d) the duly completed and signed proposal.
2. Pursuant to the Department of Public Works and Government Services
Act, S.C. 1996, c.16, the general terms, conditions and clauses
identified herein by number, date and title, are hereby incorporated
by reference into and form part of this Agreement, as though
expressly set out herein, subject to any other express terms and
conditions herein contained.
3. All instructions, general terms, conditions and clauses identified
herein by number, date and title are set out in the Standard
Acquisition Clauses and Conditions Manual issued by Public Works and
Government Services Canada (PWGSC). The Manual is available on the
following PWGSC Website: http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.
4. Order of Precedence
In the event of any inconsistency or conflict in the contents of the
following documents, such documents shall take precedence and govern
in the following order:
(a) any Commitment for Services that is made in accordance with
the terms and conditions of the Agreement;
(b) any amendment or variation in the Agreement that is made in
accordance with the terms and conditions of the Agreement;
(c) this Agreement clause;
(d) Supplementary Conditions;
(e) General Terms, Conditions and Clauses;
(f) Agreement Particulars - Open;
(g) the document entitled "Doing Business with A&ES";
(h) the duly completed and signed proposal.
2005-12-16SupersededR1800DARCHIVED Agreement
2004-05-14SupersededR1800DARCHIVED Agreement
2003-12-12SupersededR1800DARCHIVED Agreement
2003-05-30SupersededR1800DARCHIVED Agreement
R1805D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1805DARCHIVED General Conditions - Open - Table of Contents
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause with Open Agreements only.
Legal text for SACC item
R1210D GC1 - General Provisions
GC1.1 Definitions
GC1.2 Interpretations
GC1.3 Successors and Assigns
GC1.4 Assignment
GC1.5 National or Departmental Security
GC1.6 Conflict of Interest
GC1.7 Status of Consultant
GC1.8 Members of House of Commons
GC1.9 Entire Agreement
GC1.10 Lobbyist Certification - Contingency Fees
GC1.11 Changes in Taxes and Duties
GC1.12 Provincial Sales Tax
GC1.13 Goods and Services Taxes (GST)/Harmonized Sales Tax (HST)
GC1.14 Tax Withholding of 15 Percent
GC1.15 Joint and Several Liability
GC1.16 Federal Contractors Program for Employment Equity - Certification
R1215D GC2 - Administration of the Contract
GC2.1 Notices
GC2.2 Time and Cost Records to be Kept by the Consultant
GC2.3 Non-discrimination in Hiring and Employment Practices
R1220D GC3 - Consultant Services
GC3.1 Declaration by Consultant
GC3.2 Services
GC3.3 Standard of Care
GC3.4 Time Schedule
GC3.5 Project Information, Decisions, Acceptances, Approvals
GC3.6 Changes in Services
GC3.7 Codes, By-Laws, Licences, Permits
GC3.8 Provision of Staff
GC3.9 Sub-Consultants
GC3.10 Changes in the Consultant Team
GC3.11 Cost Control
R1226D GC4 - Copyright and Reuse of Documents
R1830D GC5 - Terms of Payment
GC5.1 Fees
GC5.2 Fee Arrangement(s) for Services
GC5.3 Payments to the Consultant
GC5.4 Delayed Payment
GC5.5 Claims Against, and Obligations of, the Consultant
GC5.6 No Payment for Errors and Omissions
GC5.7 Payment for Changes and Revisions
GC5.8 Extension of Time
GC5.9 Suspension Costs
GC5.10 Termination Costs
GC5.11 Disbursements
GC5.12 T1204 Government Service Contract Payments
R1235D GC6 - Changes
R1240D GC 7 - Taking the Services out of the Consultant's Hands, Suspension
or Termination
GC7.1 Taking the Services Out of the Consultant's Hands
GC7.2 Suspension
GC7.3 Termination
R1245D GC8 - Dispute Resolution
R1650D GC9 - Indemnification and Insurance
GC9.1 Indemnification
GC9.2 Insurance Requirements
R1270D International Sanctions
R1810 Supplementary Conditions - Open (SC)
SC1 Services
SC2 Term of this Agreement
SC3 Statutory Declaration
2005-12-16SupersededR1805DARCHIVED General Conditions - Open - Table of Contents
2004-05-14SupersededR1805DARCHIVED General Conditions - Open - Table of Contents
2003-12-12SupersededR1805DARCHIVED General Conditions - Open - Table of Contents
2003-05-30SupersededR1805DARCHIVED General Conditions - Open - Table of Contents
R1810D
Effective Date
Item Status
ID
Title
2003-05-30CancelledR1810DARCHIVED Supplementary Conditions - Open (SC)
Remarks – Recommended Use of SACC Item
Use the following clause with Open Agreements only.
Legal text for SACC item
SC 1 (30/05/03) Services
1. This Agreement - Open is for the acquisition of Services to be
performed by the Consultant for projects to be designated from time
to time by the Departmental Representative.
2. The Consultant agrees to provide only the Services required under a
Commitment for Services. The Commitments for Services shall be
provided by the Departmental Representative for the designated
project(s).
3. The Commitment for Services shall be the written instructions and
any amendments, provided by the Departmental Representative from
time to time, describing, among other things
(a) the Services to be provided
(b) the terms of payment agreed upon for such Services.
4. The Consultant shall carry out the said Services within such time
and cost limits as may be stipulated in the Commitment for Services
or other contract documents.
SC 2 (30/05/03) Term of this Agreement
This Agreement shall remain in effect until either party gives notice that
no further Services shall be required or performed, or in the absence of
such notice, until the expiration of two years from the date of this
Agreement. In the event that Services undertaken prior to the two year
expiry date are not fully completed at the said expiry date, the Agreement
will expire upon completion of such Services, or upon notice from the
Minister in accordance with the provisions in GC 7.3.
SC 3 (30/05/03) Statutory Declaration
Before final payment is made under each Commitment for Services, the
Consultant shall provide a Statutory Declaration evidencing that all the
Consultant's financial obligations in connection with the Commitment for
Services have been met.
R1830D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1830DARCHIVED GC5 - Terms of Payment
Remarks – Recommended Use of SACC Item
Use the following clause with Open Agreements only.
Legal text for SACC item
GC5.1 (2003-05-30) Fees
1. Subject to the terms and conditions of the Agreement, and in
consideration for the performance of the Services, Canada shall pay
to the Consultant a sum of money calculated in accordance with the
provisions herein.
2. The Consultant's fees are only payable when the Consultant has
performed the Services as determined by the Departmental
Representative. Payment in respect of a Service, or part of a
Service, is not to be deemed a waiver of Canada's rights of set-off
at law or under the Agreement for costs or expenses arising from
default or negligence of the Consultant.
3. The maximum amount payable under the Agreement, including fees and
disbursements, shall not exceed the sum specified in the Agreement
Particulars, without the prior written authorization of the
Departmental Representative in accordance with the terms of the
Agreement.
GC5.2 (2003-05-30) Fee Arrangement(s) for Services
1. The fees and disbursements are only payable when the Consultant has
performed the Services in accordance with the Commitment for
Services.
2. Canada shall pay to the Consultant as consideration for the
execution of the Services described in the Commitment for Services a
sum of money calculated by one or several of the following methods
which shall be specified in the Commitment for Services documents:
(a) Percentage Fee
A fee calculated as an agreed percentage of the approved
Construction Cost Estimate payable as described in the
Commitment for Services.
(b) Fixed Fee
An agreed fixed fee being the total amount payable for
Services rendered pursuant to the Commitment for Services.
(c) Time Based Fee
(i) Principals and executives, and other personnel
approved in that capacity by the Departmental
Representative shall be paid at the hourly rate
specified in the Commitment for Services;
(ii) Staff approved by the Departmental Representative
shall be paid at Payroll Cost multiplied by the factor
(s) specified in the Commitment for Services, except
that the multiplying factor shall not be applied to
the premium portion of authorized overtime included
in Payroll Cost;
(iii) Normal Working Hours
The normal working hours per day for principals,
executives and Consultant's employees, shall be deemed
to be seven and a half (7.5) hours of any day during
which they are actually engaged in the performance of
the Services;
(iv) Travel Time
Travel time during normal working hours, that is
related to the Project and authorized by the
Departmental Representative, shall be chargeable as
time worked. Travel time outside normal working hours,
that is related to the Project and authorized by the
Departmental Representative, shall be chargeable up to
a maximum of three (3) hours per day, unless otherwise
authorized;
(v) Maximum Amount(s) Payable
The maximum amount(s) that applies (apply) to the
Services to be carried out at time rates shall be as
specified in the Commitment for Services, which
amount(s) shall not be exceeded without the prior
authorization for the Departmental Representative.
GC5.3 (2003-05-30) Payments to the Consultant
1. The Consultant shall be entitled to receive progress payments at
monthly or other agreed intervals, subject to the limitations of the
Calculation of Fees clause herein, if applicable. Such payments
shall be made prior to or on the due date. The due date shall be
the 30th day following receipt of a properly submitted invoice.
2. The properly submitted invoice shall be an invoice delivered to the
Departmental Representative in the agreed format with sufficient
detail and information to permit verification. The invoice shall
also identify, as separate items:
(a) the amount of the progress payment being claimed for Services
satisfactorily performed,
(b) the amount for any tax calculated in accordance with the
applicable federal legislation, and
(c) the total amount which shall be the sum of the amounts
referred to in (a) and (b) above.
3. The amount of the tax shown on the invoice shall be paid by Canada
to the Consultant in addition to the amount of the progress payment
for Services satisfactorily performed.
4. The Departmental Representative shall notify the Consultant within
fifteen (15) days after the receipt of an invoice of any error or
missing information therein. Payment shall be made prior to or on
the thirtieth (30) day after receipt of the corrected invoice or the
required information.
5. Upon completion of each Service as described elsewhere in the
Agreement, provided at least one progress payment has been made, the
Consultant shall provide a Statutory Declaration evidencing that all
the Consultant's financial obligations for Services rendered to the
Consultant or on the Consultant's account, in connection with the
Agreement, have been satisfied, before any further payment is made.
6. Upon written notice by a Sub-Consultant, with whom the Consultant
has a direct contract, of an alleged non payment to the
Sub-Consultant, the Departmental Representative may provide the
Sub-Consultant with a copy of the latest approved progress payment
made to the Consultant for the Services.
7. Upon the satisfactory completion of all Services, the amount due,
less any payments already made, shall be paid to the Consultant not
later than thirty (30) days after receipt of a properly submitted
invoice, together with the Final Statutory Declaration in accordance
with paragraph 5 above.
GC5.4 (2003-05-30) Delayed Payment
1. If Canada delays in making a payment that is due in accordance with
GC5.3, the Consultant will be entitled to receive interest on the
amount that is overdue for the period of time as defined in
paragraph 2 below including the day previous to the date of payment.
Such date of payment shall be deemed to be the date on the cheque
given for payment of the overdue amount. An amount is overdue when
it is unpaid on the first day following the due date described in
GC5.3.1.
2. Interest shall be paid automatically on all amounts that are not
paid by the due date or fifteen (15) days after the Consultant has
delivered a Statutory Declaration in accordance with GC5.3.5 or GC5.3.7
whichever is the later.
3. The rate of interest shall be the Average Bank Rate plus 3 percent
per year on any amount which is overdue pursuant to paragraph 1
above.
GC5.5 (2003-05-30) Claims Against, and Obligations of, the Consultant
1. Canada may, in order to discharge lawful obligations of and satisfy
lawful claims against the Consultant by a Sub-Consultant, with whom
the Consultant has a direct contract, for Services rendered to, or
on behalf of, the Consultant, pay an amount from money that is due
and payable to the Consultant directly to the claimant
Sub-Consultant.
2. For the purposes of paragraph 1 a claim shall be considered lawful
when it is so determined
(a) by a court of legal jurisdiction, or
(b) by an arbitrator duly appointed to arbitrate the said claim,
or
(c) by a written notice delivered to the Departmental
Representative and signed by the Consultant authorizing
payment of the said claim or claims.
3. A payment made pursuant to paragraph 1. is, to the extent of the
payment, a discharge of Canada's liability to the Consultant under
the Agreement and will be deducted from any amount payable to the
Consultant under the Agreement.
4. Paragraph 1 shall only apply to claims and obligations
(a) the notification of which has set forth the amount claimed to
be owing and a full description of the Services or a part of
the Services for which the claimant has not been paid. The
notification must be received by the Departmental
Representative in writing before the final payment is made to
the Consultant and within one hundred twenty (120) days of
the date on which the claimant
(i) should have been paid in full under the claimant's
Agreement with the Consultant where the claim is for
an amount that was lawfully required to be held back
from the claimant; or
(ii) performed the last of the Services pursuant to the
claimant's Agreement with the Consultant where the
claim is not for an amount referred to in paragraph 4.(
a)(i), and
(b) the proceedings to determine the right to payment of which
shall have commenced within one year from the date that the
notification referred to in paragraph 4.(a) was received by
the Departmental Representative.
5. Canada may, upon receipt of a notification of claim referred to in
paragraph 4.(a), withhold from any amount that is due and payable to
the Consultant pursuant to the Agreement the full amount of the
claim or any portion thereof.
6. The Departmental Representative shall notify the Consultant in
writing of receipt of any notification of claim and of the intention
of Canada to withhold funds pursuant to paragraph 5. The Consultant
may, at any time thereafter and until payment is made to the
claimant, post with Canada, security in a form acceptable to Canada
in an amount equal to the value of the said claim. Upon receipt of
such security Canada shall release to the Consultant any funds which
would be otherwise payable to the Consultant, that were withheld
pursuant to the provision of paragraph 5.
7. The Consultant shall discharge all lawful obligations and shall
satisfy all lawful claims against the Consultant for Services
rendered to, or on behalf of, the Consultant in respect of the
Agreement at least as often as the Agreement requires Canada to
discharge its obligations to the Consultant.
GC5.6 (2003-05-30) No Payment for Errors and Omissions
The Consultant shall not be entitled to payment in respect of costs
incurred by the Consultant in remedying errors and omissions in the
Services that are attributable to the Consultant, the Consultant's
employees, or persons for whom the Consultant had assumed responsibility in
performing the Services.
GC5.7 (2007-05-25) Payment for Changes and Revisions
1. Payment for any additional or reduced Services authorized by the
Departmental Representative prior to their performance, and for
which a basis of payment has not been established at the time of
execution of the Agreement, shall be in an amount or amounts to be
mutually agreed upon from time to time, subject to these Terms of
Payment and the approval of the Minister.
2. Where it is not possible, or not appropriate, to agree upon a fixed
price fee or percentage fee prior to the performance of the
additional or reduced Services, payment shall be made on the basis
of a time based fee in accordance with GC5.2.2.(c). Disbursements
shall be paid in accordance with GC5.11.
3. Prior to the performance of additional or reduced Services on the
basis of a time based fee, the Consultant shall comply with any
request made by the Departmental Representative pursuant to GC 3.8,
regarding persons to be employed by the Consultant or the
Consultant's sub consultants to provide the additional or reduced
Services. In addition, the Consultant and the Departmental
Representative shall negotiate hourly rates and payroll cost factors
as applicable for any of those persons for whom the relevant
information does not appear in the Agreement Particulars.
4. Payment for additional Services not identified at the time of
execution of the Agreement shall be made only to the extent that
(a) the additional Services are Services that are not included in
stated Services in the Agreement,
(b) the additional Services are required for reasons beyond the
control of the Consultant, and
(c) any fee adjustment for Services resulting from an adjustment
in the Construction Cost Estimate arising from the additional
Services is not commensurate with the additional Services
performed.
GC5.8 (2003-05-30) Extension of Time
If, and to the extent that, the time for completion of the Construction
Contract is exceeded or extended through no fault of the Consultant in the
opinion of Canada, payment for the Services required for such extended
period of the contract administration shall be subject to review and
equitable adjustment.
GC5.9 (2003-05-30) Suspension Costs
1. During a period of suspension of the Services pursuant to GC7.2, the
Consultant shall minimize all costs and expenses relating to the
Services that may occur during the suspension period.
2. Within fourteen (14) days of notice of such suspension, the
Consultant shall submit to the Departmental Representative a
schedule of costs and expenses, if any, that the Consultant expects
to incur during the period of suspension, and for which the
Consultant will request reimbursement.
3. Payment shall be made to the Consultant for those costs and expenses
that, in the opinion of Canada, are substantiated as having been
reasonably incurred during the suspension period.
GC5.10 (2003-05-30) Termination Costs
1. In the event of termination of the Agreement pursuant to GC7.3,
Canada shall pay, and the Consultant shall accept in full settlement,
an amount based on these Terms of Payment, for Services
satisfactorily performed, plus an amount to compensate the
Consultant for reasonable costs and expenses, if any, that are
related to the Services not performed and incurred after the date of
termination.
2. Within fourteen (14) days of notice of such termination, the
Consultant shall submit to the Departmental Representative a
schedule of costs and expenses incurred plus any additional costs
that the Consultant expects to incur after the date of termination,
and for which the Consultant will request reimbursement.
3. Payment shall be made to the Consultant for those costs and expenses
that in the opinion of Canada are substantiated as having been
reasonably incurred after the date of termination.
GC5.11 (2003-05-30) Disbursements
1. Subject to any provisions specifically to the contrary in the
Supplementary Conditions, the following costs shall be included in
the fees required to deliver the consultant services and shall not
be reimbursed separately;
(a) reproduction and delivery costs of drawings, CADD files,
specifications and other Technical Documentation specified in
the Project Brief;
(b) standard office expenses such as any photocopying, computer
costs, Internet, cellular phone costs, long distance
telephone and fax costs, including that between the
Consultant's main office and branch offices or between the
Consultant's offices and other team members offices;
(c) courier and delivery charges for deliverables specified in
the Project Brief;
(d) plotting;
(e) presentation material;
(f) parking fees;
(g) taxi charges;
(h) travel time;
(i) travel expenses; and
(j) local project office.
2. Subject to any provisions specifically to the contrary in the
Supplementary Conditions, the following disbursements reasonably
incurred by the Consultant, that are related to the Services and
approved by the Departmental Representative, shall be reimbursed to
the Consultant at actual cost:
(a) reproduction and delivery costs of drawings, CADD files,
specifications and other Technical Documentation additional
to that specified in the Project Brief;
(b) transportation costs for material samples and models
additional to that specified in the Project Brief;
(c) project related travel and accommodation additional to that
specified in the Project Brief shall be reimbursed in
accordance with current Treasury Board Travel Policy; and
(d) other disbursements made with the prior approval and
authorization of the Departmental Representative.
3. Disbursements shall be Project related and shall not include
expenses that are related to the normal operation of the Consultant'
s business. The amounts payable, shall not exceed the amount
entered in the Agreement Particulars, without the prior
authorization of the Departmental Representative.
GC5.12 (2003-05-30) T1204 Government Service Contract Payments
Pursuant to paragraph 221 (1)(d) of the Income Tax Act, payments made by
departments and agencies to consultants under applicable services
contracts (including contracts involving a mix of goods and services)
must be reported on a T1204 Government Service Contract Payments slip.
To enable departments and agencies to comply with this requirement, the
Consultant is required to provide its Procurement Business Number (PBN).
The Consultant is to ensure the accuracy of its PBN information in the
Supplier Registration Information service.
2003-05-30SupersededR1830DARCHIVED GC 5 - Terms of Payment
R1890D
Effective Date
Item Status
ID
Title
2007-05-25CancelledR1890DARCHIVED Agreement Particulars - Open
Remarks – Recommended Use of SACC Item
The contracting officer must edit the clause as required by the situation. Use the following clause with Open Agreements only.
Legal text for SACC item
The following hourly rates are fixed for the duration of the Consultant Agreement - Open. Name and Position $ per hour ____________________________ $_______________ ____________________________ $_______________ ____________________________ $_______________ ____________________________ $_______________ ____________________________ $_______________ ____________________________ $_______________
2004-05-14SupersededR1890DARCHIVED Agreement Particulars - Open
2003-05-30SupersededR1890DARCHIVED Agreement Particulars - Open
R2000D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2000DARCHIVED Calculation of Fees
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
1. Fee Arrangement(s) for Basic Services
The basic fee to be paid to the Consultant for the Basic Services
described herein, shall be determined by one or more of the
following arrangements:
(a) Percentage Fee
The calculation of the total basic fee recognizes the
variability of the Construction Cost Estimate as the Project
develops. The basic fee for the various Services of the
Project development shall be calculated on the basis of the
following formula:
An amount equal to F x A
Where F = the percentage specified in clause R2001D,
Agreement Particulars , and A = as follows:
(1) At Analysis of Project Brief and Design Concept:
A = the Construction Cost Estimate at the time of
signing this Agreement.
(2) At Design Development:
A = the accepted preliminary Construction Cost
Estimate prepared on completion of the design concept
documents.
(3) At Construction Documents:
A = the accepted updated Construction Cost Estimate
prepared on completion of the design development
documents.
(4) At Tender Call and Tender Evaluation:
A = the accepted final Construction Cost Estimate
prepared on completion of the construction documents.
(5) At Construction and Contract Administration and Post
Construction Warranty Review:
A = the Construction Contract Award Price.
The total basic fee is adjusted in accordance with the terms
of any authorization pursuant to B6 in clause R0220D, General
Conditions.
(b) Fixed Fee
The fixed fee shall be in the amount(s) specified in clause
R2001D.
(c) Time Based Fee
(1) Principals and executives, and other personnel
approved in that capacity by the Departmental
Representative shall be paid at the hourly rate
specified in clause R2001D.
(2) Staff approved by the Departmental Representative
shall be paid at Payroll Cost multiplied by the
factor(s) specified in clause R2001D, except that the
multiplying factor shall not be applied to the premium
portion of authorized overtime included in Payroll
Cost.
(3) Normal Working Hours
The normal working hours per day for principals,
executives and Consultant's employees, shall be deemed
to be seven and a half (7.5) hours of any day during
which they are actually engaged in the performance of
the Services.
(4) Travel Time
Travel time during normal working hours, that is
related to the Project and authorized by the
Departmental Representative, shall be chargeable as
time worked.
Travel time outside normal working hours, that is
related to the Project and authorized by the
Departmental Representative, shall be chargeable up to
a maximum of three (3) hours per day, unless otherwise
authorized.
(5) Maximum Amount(s) Payable
The maximum amount(s) that applies (apply) to the
Services to be carried out at time rates shall be as
specified in clause R2001D, which amount(s) shall not
be exceeded without the prior authorization of the
Departmental Representative.
2. Payments for Basic Services
(a) Payments in respect of the percentage fee arrangement shall
be made during the performance of the Services, on the basis
of the fee calculations as described in subsection 1.(a)
above, for each of the Basic Services equal to the amounts
specified below:
(1) Payment for Analysis of Project Brief and Design
Concept:
Upon acceptance of the design concept documents, an
amount equal to 10 percent of the basic fee;
(2) Payment for Design Development:
Upon acceptance of the design development documents,
an amount equal to 15 percent of the basic fee;
(3) Payment for Construction Documents:
Upon acceptance of the construction documents, an
amount equal to 45 percent of the basic fee;
(4) Payment for Tender Call, Tender Evaluation and
Contract Award:
Upon award of the Construction Contract, or upon
completion of tender evaluation(s) in such cases where
Canada does not award a Construction Contract for
reasons other than those specified in subsection 2.(f)
below, an amount equal to 5 percent of the basic fee;
(5) Payment for Construction and Contract Administration:
Upon interim completion of the Construction Contract,
an amount equal to 22 percent of the basic fee;
(6) Payment for Final Completion and Post Construction
Warranty Review:
Upon reporting to the Departmental Representative on
the status of the defects at the end of the warranty
period(s) an amount equal to 3 percent of the basic
fee.
(b) Payments in respect of the fixed fee arrangement shall be
made upon satisfactory performance of the Services but such
payments shall not exceed the amount(s) as specified in
clause R2001D for each Service.
(c) Payments in respect of the time based fee arrangement shall
be made upon satisfactory performance of the Services but
such payments shall not exceed the amount(s) as specified in
clause R2001D for each Service.
(d) Progress payments, in respect of all fee arrangements, shall
be made in accordance with clause R0220D of this Agreement,
but such payments shall not exceed the value of the fee
indicated for each Service under consideration.
(e) Progress payments in respect of construction and contract
administration for percentage fee or fixed fee arrangements
may be made in proportion to the percentage of the
construction work completed and approved for payment under
the Construction Contract.
(f) If, for reasons attributable to the Consultant, a price
cannot be obtained by a tender or negotiation within the
Construction Cost Limit, or acceptable to the Departmental
Representative for the award of the Construction Contract,
the Consultant shall be entitled to receive payment for the
tender call, bid evaluation and construction contract award
Services, only when the requirements of C8.3, in clause
R0220D have been met.
3. Fee Arrangement(s) for Additional Services
Fee arrangement(s) of Additional Services described herein shall be
determined as follows:
____________
____________
4. Payments for Additional Services
Payments for Additional Services shall be made upon satisfactory
performance of the Additional Service(s) but such payments shall not
exceed the amount(s) specified in clause R2001D for each Additional
Service.
R2001D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2001DARCHIVED Agreement Particulars
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Buildings.
Legal text for SACC item
1. Agreement Particulars (as applicable)
(a) Supplementary Liability Insurance Requirements for this
Project (clause R0220D, General Conditions) (as described in
clause R0300D, Supplementary Conditions)
_____________________________________________________________________
_____________________________________________________________________
Amount of Insurance $______
(b) Design Concept Documents (clause R1002D, Design Concept)
No. of copies:
hard copies CADD
files
______ ______
(c) Design Development Documents (clause R1003D, Design
Development)
No. of copies:
hard copies CADD
files
______ ______
(d) Construction Documents (clause R1008D, Documents, Estimate
and Schedule)
No. of copies during development:
hard copies CADD files
_____% complete _____ _____
_____% complete _____ _____
_____% complete _____ _____
_____% complete _____ _____
(e) Record Drawings (clause R1010D, Construction and Contract
Administration)
No. of copies:
hard copies CADD
files
mylar
______ _____ _______
(f) Percentage Fee (clause R2000D, Calculation of Fees)
______%
(g) Fixed Fee (clause R2000D)
SERVICES FIXED
FEE
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
MAXIMUM FIXED FEES $______
(h) Time Based Fees (clause R2000D)
Hourly Rates (clause R2000D)
Principals, Executives and other Personnel approved in that
capacity: Per Hour
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
Payroll Cost Factors (clause R2000D)
Staff:
Factor:
______________________________ _______
______________________________ _______
______________________________ _______
______________________________ _______
Maximum Amount(s) Payable (clause R2000D)
SERVICES TIME
BASED FEE
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
MAXIMUM TIME BASED FEES $______
(i) Fee Arrangement(s) for Additional Services (clause R1014D,
Additional Services)
Bilingual Construction Documents: $______
Resident Services During Construction: $______
Other Additional Services:
Pre-design: $______
Co-ordination: $______
Sequential Tendering: $______
Specialist Consultant(s): $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
TOTAL FEES FOR ADDITIONAL SERVICES: $______
(j) Maximum Amount Payable for Disbursements: (clause R0220D)
Disbursements for Basic Services: $______
Disbursements for Additional Services: $______
Premium for Supplementary Liability Insurance:
(subsection 1.(a) above) $______
TOTAL DISBURSEMENTS: $______
(k) Maximum Amount Payable:
Maximum Fees for Basic Services: $______
Maximum Fees for Additional Services: $______
Maximum Disbursements: $______
Tax: _____ $______
TOTAL THIS AGREEMENT $______
R2002D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2002DARCHIVED Calculation of Fees
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
1. Fee Arrangement(s) for Categories of Services
The basic fee to be paid to the Consultant for the Categories of
Services described herein, shall be determined by one or more of the
following arrangements except that the fee for the analysis of the
project requirements and conceptual design shall be either a fixed
fee or a time based fee, as specified in clause R2003D, Agreement
Particulars:
(a) Percentage Fee
Percentage fee for the following Categories of Services shall
be calculated as follows:
(1) The fee for Preliminary Design shall be an amount
equal to the accepted preliminary Construction Cost
Estimate prepared by the Consultant on completion of
the Analysis of the Terms of Reference and Conceptual
Design multiplied by the percentage specified in
clause R2003D for Preliminary Design.
(2) The fee for Construction Documents and Tender Call
shall be an amount equal to the accepted updated
Construction Cost Estimate prepared by the Consultant
on completion of Preliminary Design multiplied by the
percentage specified in clause R2003D for Construction
Documents and Tender Call.
(3) The fee for the Construction and Contract
Administration shall be an amount equal to the
Construction Contract Award Price, multiplied by the
percentage specified in clause R2003D for Construction
and Contract Administration.
(4) The fee for Post-Construction Warranty Review shall be
an amount equal to the Construction Contract Award
Price, multiplied by the percentage specified in
clause R2003D for Post-Construction Warranty Review.
(b) Fixed Fee
The fixed fee shall be in the amount(s) specified in clause
R2003D.
(c) Time Based Fee
(1) Principals and executives, and other personnel
approved in that capacity by the Departmental
Representative shall be paid at the hourly rate
specified in clause R2003D.
(2) Staff approved by the Departmental Representative
shall be paid at Payroll Cost multiplied by the
factor(s) specified in clause R2003D, except that the
multiplying factor shall not be applied to the premium
portion of authorized overtime included in Payroll
Cost.
(3) Normal Working Hours
The normal working hours per day for principals,
executives and Consultant's employees, shall be deemed
to be seven and a half (7.5) hours of any day during
which they are actually engaged in the performance of
the Services.
(4) Travel Time
Travel time during normal working hours, that is
related to the Project and authorized by the
Departmental Representative, shall be chargeable as
time worked. Travel time outside normal working hours,
that is related to the Project and authorized by the
Departmental Representative, shall be chargeable up to
a maximum of three (3) hours per day, unless otherwise
authorized.
(5) Maximum Amount(s) Payable
The maximum amount(s) that applies (apply) to the
Services to be carried out at time rates shall be as
specified in clause R2003D, which amount(s) shall not
be exceeded without the prior authorization of the
Departmental Representative.
2. Payments for Categories of Services
(a) Payments in respect of the percentage fee arrangement shall
be made during the performance of the Services, on the basis
of the fee calculations as described in 1.(a) above of this
Agreement.
(b) Payments in respect of the fixed fee arrangement shall be
made upon satisfactory performance of the Services but such
payments shall not exceed the amount(s) as specified in
clause R2003D for each Category of Services.
(c) Payments in respect of the time based fee arrangement shall
be made upon satisfactory performance of the Services but
such payments shall not exceed the amount(s) as specified in
clause R2003D for each Category of Services.
(d) Progress payments, in respect of all fee arrangements, shall
be made in accordance with clause R0220D, General Conditions,
of this Agreement but such payments shall not exceed the
value of the fee indicated for each Category of Services
under consideration.
(e) Progress payments in respect of construction and contract
administration for percentage fee or fixed fee arrangements
may be made in proportion to the percentage of the
construction work completed and approved for payment under
the Construction Contract.
(f) If, for reasons attributable to the Consultant, a price
cannot be obtained by a tender or negotiation within the
Construction Cost Limit, or acceptable to the Departmental
Representative for the award of the Construction Contract,
the Consultant shall be entitled to receive payment for the
tender call, bid evaluation and construction contract award
Services, only when the requirements of clause R0220D have
been met.
3. Fee Arrangement(s) for Additional Services
Fee arrangement(s) of Additional Services described herein shall be
determined as follows:
______________
______________
4. Payments for Additional Services
Payments for Additional Services shall be made upon satisfactory
performance of the Additional Service(s) but such payments shall not
exceed the amount(s) specified in clause R2003D for each Additional
Service.
R2003D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2003DARCHIVED Agreement Particulars
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - Engineering Works.
Legal text for SACC item
1. Agreement Particulars (as applicable)
(a) Supplementary Liability Insurance Requirements for this
Project (clause R0220D, General Conditions) (as described in
clause R0300D, Supplementary Conditions)
_______________________________________________________________________
_______________________________________________________________________
Amount of Insurance $ _____
(b) Conceptual Design Documents (clause R1005D, Terms of
Reference and Conceptual Design)
No. of copies:
hard copies CADD
files
______ ______
(c) Preliminary Design Documents (clause R1006D, Preliminary
Design)
No. of copies:
hard copies CADD
files
______ ______
(d) Construction Documents (clause R1008D, Documents, Estimate
and Schedule)
No. of copies during development:
hard copies CADD
files
Draft Documents ______ ______
Final Documents ______ ______
(e) Record Drawings (clause R1010D, Construction and Contract
Administration)
No. of copies:
hard copies CADD
files
mylar
______ ______ _______
(f) Percentage Fee (clause R2002D, Calculation of Fees)
For Preliminary Design _______%
For Construction Documents and Tender Call _______%
For Construction and Contract Administration _______%
For Post Construction Warranty Review _______%
(g) Fixed Fee (clause R2002D)
SERVICES FIXED
FEE
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
MAXIMUM FIXED FEES $______
(h) Time Based Fees (clause R2002D)
Hourly Rates (clause R2002D)
Principals, Executives and other Personnel approved in that
capacity: Per Hour
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
Payroll Cost Factors (clause R2002D)
Staff
Factor
______________________________ _______
______________________________ _______
______________________________ _______
______________________________ _______
Maximum Amount(s) Payable (clause R2002D)
SERVICES TIME
BASED FEE
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
______________________________ $______
MAXIMUM TIME BASED FEES $______
(i) Fee Arrangement(s) for Additional Services (clause R1014D,
Additional Services)
Bilingual Construction Documents: $______
Resident Services During Construction: $______
Other Additional Services:
Pre-design: $______
Co-ordination: $______
Sequential Tendering: $______
Specialist Consultant(s):
_________________________ $______
_________________________ $______
_________________________ $______
_________________________ $______
_________________________ $______
_________________________ $______
TOTAL FEES FOR ADDITIONAL SERVICES: $______
(j) Maximum Amount Payable for Disbursements: (clause R0220D)
Disbursements for Categories of Services $______
Disbursements for Additional Services: $______
Premium for Supplementary Liability Insurance: (subsection 1(
a
)
above
)
$
_
_
_
_
_
_
TOTAL DISBURSEMENTS: $______
(k) Maximum Amount Payable: (clause R0412D, Articles of Agreement)
Maximum Fees for Categories of Services: $______
Maximum Fees for Additional Services: $______
Maximum Disbursements: $______
Tax:_____ $______
TOTAL THIS AGREEMENT: $______
R2006D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2006DARCHIVED Calculation of Fees
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - General.
Legal text for SACC item
1. Fee Arrangement(s) for the Required Services
The basic fee to be paid to the Consultant for the Required Services
described herein, shall be determined by one or more of the
following arrangements:
(a) Percentage Fee
The calculation of the total basic fee recognizes the
variability of the Construction Cost Estimate as the Project
develops. The basic fee for the Required Services of the
Project development shall be calculated on the basis of the
following formula:
An amount equal to F x A
Where F = the percentage specified in clause R2007D,
Agreement Particulars,
and A = the Construction Cost Estimate
or A = the Construction Contract Award Price
These calculations are as follows: _____
(b) Fixed Fee
The fixed fee shall be in the amount(s) specified in clause
R2007D.
(c) Time Based Fee
(1) Principals and executives, and other personnel
approved in that capacity by the Departmental
Representative shall be paid at the hourly rate
specified in clause R2007D.
(2) Staff approved by the Departmental Representative
shall be paid at Payroll Cost multiplied by the
factor(s) specified in clause R2007D, except that the
multiplying factor shall not be applied to the premium
portion of authorized overtime included in Payroll
Cost.
(3) Normal Working Hours
The normal working hours per day for principals,
executives and Consultant's employees, shall be deemed
to be seven and a half (7.5) hours of any day during
which they are actually engaged in the performance of
the Required Services.
(4) Travel Time
Travel time during normal working hours, that is
related to the Project and authorized by the
Departmental Representative, shall be chargeable as
time worked. Travel time outside normal working hours,
that is related to the Project and authorized by the
Departmental Representative, shall be chargeable up to
a maximum of three (3) hours per day, unless otherwise
authorized.
(5) Maximum Amount(s) Payable
The maximum amount(s) that applies (apply) to the
Required Services to be carried out at time rates
shall be as specified in clause R2007D, which amount(s)
shall not be exceeded without the prior authorization
of the Departmental Representative.
2. Payments Stages
(a) Payments in respect of the percentage fee arrangement shall
be made during the performance of the Required Services, on
the basis of the fee calculations as follows: _____
(b) Payments in respect of the fixed fee arrangement shall be
made upon satisfactory performance of the Required Services
but such payments shall not exceed the amount(s) as specified
in clause R2007D for each Required Service.
(c) Payments in respect of the time based fee arrangement shall
be made upon satisfactory perform-ance of the Required
Services but such payments shall not exceed the amount(s) as
specified in clause R2007D for each Required Service.
(d) Progress payments, in respect of all fee arrangements, shall
be made in accordance with clause R0220D, General Conditions,
of this Agreement but such payments shall not exceed the
value of the fee indicated for each Required Service under
consideration.
R2007D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2007DARCHIVED Agreement Particulars
Remarks – Recommended Use of SACC Item
Use this clause in the Architectural and Engineering Consultant Agreement - General.
Legal text for SACC item
1. Agreement Particulars (as applicable)
(a) Supplementary Liability Insurance Requirements for this
Project (as described in clause R0300D, Supplementary
Conditions)
______________________________________________________________________
______________________________________________________________________
Amount of Insurance $_______
(b) Documents for Required Services
Documents No. of copies:
hard copies CADD
files
______________________ ________ ________
______________________ ________ ________
______________________ ________ ________
______________________ ________ ________
______________________ ________ ________
______________________ ________ ________
______________________ ________ ________
(c) Percentage Fee (clause R2006D, Calculation of Fees)
________%
(d) Fixed Fee (clause R2006D)
SERVICES FIXED
FEE
__________________________ $_______
__________________________ $_______
__________________________ $_______
__________________________ $_______
__________________________ $_______
__________________________ $_______
__________________________ $_______
MAXIMUM FIXED FEES $_______
(e) Time Based Fees (clause R2006D)
Hourly Rates (clause R2006D)
Principals, Executives and other Personnel approved in that
capacity Per Hour
__________________________ $_______
__________________________ $_______
__________________________ $_______
__________________________ $_______
__________________________ $_______
Payroll Cost Factors (clause R2006D)
Staff
Factor
__________________________ ________
__________________________ ________
__________________________ ________
__________________________ ________
Maximum Amount(s) Payable (clause R2006D)
SERVICES TIME
BASED FEE
__________________________ $________
__________________________ $________
__________________________ $________
__________________________ $________
__________________________ $________
__________________________ $________
__________________________ $________
MAXIMUM TIME BASED FEES $________
(f) Fee Arrangement(s) for Additional Services (clause R1016D,
Additional Services)
Bilingual Construction Documents: $________
Resident Services During Construction: $________
TOTAL FEES FOR ADDITIONAL SERVICES: $________
(g) Maximum Amount Payable for Disbursements: (clause R0220D,
General Conditions)
Disbursements $________
Premium for Supplementary Liability Insurance:
(subsection 1.(a) above) $________
TOTAL DISBURSEMENTS $________
(h) Maximum Amount Payable:
Maximum Fees for Required Services: $________
Maximum Fees for Additional Services: $________
Maximum Disbursements: $________
Tax: $________
TOTAL THIS AGREEMENT $________
R2008D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2008DARCHIVED Calculation of Fees
Remarks – Recommended Use of SACC Item
Use the following clause in the Architectural and Engineering Consultant Agreement - Open.
Legal text for SACC item
1. Fee Arrangements for Services
(a) The fees and disbursements are only payable when the
Consultant has performed the Services in accordance with the
Commitment for Services.
(b) Canada shall pay to the Consultant as consideration for the
execution of the Services described in the Commitment for
Services a sum of money calculated by one or several of the
following methods which shall be specified in the Commitment
for Services document:
(1) Percentage Fee
A fee calculated as an agreed percentage of the
approved Construction Cost Estimate payable as
described in the Commitment for Services.
(2) Fixed Fee
An agreed fixed fee being the total amount payable for
Services rendered pursuant to the Commitment for
Services.
(3) Time Based Fee
(i) Principals and executives, and other personnel
approved in that capacity by the Departmental
Representative shall be paid at the hourly rate
specified in the Commitment for Services;
(ii) Staff approved by the Departmental
Representative shall be paid at Payroll Cost
multiplied by the factor(s) specified in the
Commitment for Services, except that the
multiplying factor shall not be applied to the
premium portion of authorized overtime included
in Payroll Cost;
(iii) Normal Working Hours
The normal working hours per day for principals,
executives and Consultant's employees, shall be
deemed to be seven and a half (7.5) hours of
any day during which they are actually engaged
in the performance of the Services;
(iv) Travel Time
Travel time during normal working hours, that
is related to the Project and authorized by the
Departmental Representative, shall be
chargeable as time worked. Travel time outside
normal working hours, that is related to the
Project and authorized by the Departmental
Representative, shall be chargeable up to a
maximum of three (3) hours per day, unless
otherwise authorized;
(v) Maximum Amount(s) Payable
The maximum amount(s) that applies (apply) to
the Services to be carried out at time rates
shall be as specified in the Commitment for
Services, which amount(s) shall not be exceeded
without the prior authorization of the
Departmental Representative.
R2009D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR2009DARCHIVED Agreement Particulars
Remarks – Recommended Use of SACC Item
Use the following clause in the Architectural and Engineering Consultant Agreement - Open.
Legal text for SACC item
1. Agreement Particulars (as applicable)
(a) Supplementary professional liability insurance coverage for
the Services included in this agreement (clause R0220D,
General Conditions) is as described in the Commitment for
Services.
(b) Maximum Amount Payable
The maximum amount payable by Canada under this Agreement
including miscellaneous disbursements shall not exceed the total sum of $_____
without the prior written authorization of the Departmental
Representative.
R2110T
Effective Date
Item Status
ID
Title
2005-12-16SupersededR2110TARCHIVED General Instructions to Tenderers - Minor Works
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GI 1 Tender and Contract Documents
GI 2 Enquiries During the Tender Period
GI 3 Approval of Alternative Materials
GI 4 Language of the Tender and Contract Documents
GI 5 Completion and Submission of Tender
GI 6 Signing Procedures and Identity or Legal Capacity of the Tenderer
GI 7 Procurement Business Number
GI 8 Submission of Tender by Facsimile Transmission
GI 9 Revision of Tenders
GI 10 Acceptance of Tender
GI 11 Additional Information
GI 12 Negotiations
GI 13 Minor Irregularities
GI 14 Compliance With Applicable Laws
GI 15 Municipal Capital Development Charges
GI 16 Goods and Services Tax and Harmonized Sales Tax
GI 17 Quebec Sales Tax
GI 18 Certification - Contingency Fees
GI 19 Hazardous Materials
GI 20 Condition of Material
GI 21 Contractor Performance Evaluation Report Form (CPERF)
GI 1 (2005-12-16) Tender and Contract Documents
1. The following are the tender and contract documents:
(a) Front page - Invitation to Tender;
(b) General Instructions to Tenderers;
(c) Supplementary Instructions to Tenderers, if any;
(d) Tender and Acceptance form and any appendices attached
thereto;
(e) Front page - Contract;
(f) General Conditions of the Contract;
(g) Fair Wages and Hours of Labour - Labour Conditions, if the
Total Tender Amount is $30,000 or more;
(h) Fair Wage Schedule for Federal Construction Contracts, if the
Total Tender Amount is $30,000 or more;
(i) Any addenda issued prior to the Time and Date set for Tender
Closing; and
(j) Plans and Specifications or Scope of Work.
2. The documents listed below are incorporated by reference into the
tender documents and form part of the tender and any resulting
contract:
(a) General Instructions to Tenderers - Minor Works, R2110T
(2005-12-16);
(b) General Conditions of the Contract including
(i) GC 1 - General Provisions, R2210D (2003-12-12);
(ii) GC 2 - Administration of the Contract, R2220D
(2004-05-14);
(iii) GC3 - Execution of the Work, R2230D (2003-12-12);
(iv) GC 4 - Protection, Health and Safety, R2240D
(2003-12-12);
(v) GC5 -Terms of Payment, R2250D (2004-12-10);
(vi) GC 6 - Changes in the Work, R2260D (2003-12-12);
(vii) GC 7 - Default, Suspension or Termination of Contract,
R2270D (2003-12-12);
(viii) GC8 - Dispute Resolution, R2280D (2004-12-10);
(ix) GC 9 - Indemnification and Insurance, R2290D
(2003-12-12);
(c) Fair Wages and Hours of Labour - Labour Conditions, R0203D
(2004-05-14); and
(d) Fair Wage Schedules for Federal Construction Contracts
3. Submission of a tender constitutes acknowledgement that the Tenderer
has read and agrees to be bound by these document.
4. With the exception of the Fair Wage Schedules for Federal
Construction Contracts, the documents incorporated by reference are
set out in the Standard Acquisition Clauses and Conditions Manual,
issued by Public Works and Government Services Canada (PWGSC), and
available on the following PWGSC Website: http://sacc.pwgsc.gc.ca/
sacc/index-e.jsp.
5. Fair Wage Schedules for Federal Construction Contracts may be
accessed from the Website located at http://www.hrsdc.gc.ca/asp/
gateway.asp?hr=en/lp/lo/lswe/fw/schedule.shtml&hs=cgp. Tenderers
should note that, in the event of a resulting contract, a copy of
the Fair Wage Schedule applicable to the project location and the
Fair Wages and Hours of Labour - Labour Conditions must be posted at
the work site in a convenient, easily accessible location.
6. Tenderers shall submit their tenders to the Bid Receiving Unit
located at the address shown on the front page of the Invitation to
Tender.
GI 2 (2003-12-12) Enquiries During the Solicitation Period
1. Except for the approval of alternative materials as described in
subsection GI 3.1 all other enquiries regarding the tender must be
submitted in writing to the Contracting Officer named on the front
cover of the Specifications as early as possible within the
tendering period. Enquiries should be received no later than five (5)
calendar days prior to the date set for prime tender closing to
allow sufficient time to provide a response. Enquiries received
after that time may not result in an answer being provided.
2. Enquiries concerning this procurement may be raised prior to the
date set for prime tender closing with the Contracting Officer in
order to obtain general guidance. The Contracting Officer and the
Departmental Representative shall examine the content of the enquiry
and shall decide whether or not to issue an addendum to the Tender
Documents.
3. To ensure consistency and quality of the information provided to
Tenderers, the Contracting Officer shall provide, simultaneously to
all Tenderers to which Tender Documents have been sent, by means of
an addendum, any information with respect to significant enquiries
received and the replies to such enquiries without revealing the
source.
4. All enquiries and other communications sent throughout the tendering
period are to be directed ONLY to the Contracting Officer named on
the front cover of the Specifications. Non-compliance with this
requirement during the tendering period can, for that reason alone,
result in disqualification of a tender.
GI 3 (2003-12-12) Approval of Alternative Materials
When materials are specified by trade names or trademarks, or by
manufacturers' or suppliers' names, the tender shall be based on use of the
named materials. During the tendering period, alternative materials may be
considered provided full technical data is received in writing by the
Contracting Authority at least ten (10) calendar days prior to the tender
closing date. If the alternative materials are approved for the purposes
of the tender, an addendum to the tender documents shall be issued.
GI 4 (2003-12-12) Language of the Tender and Contract Documents
Tenderers may request the Tender Documents in either of Canada's two
official languages (English or French).
GI 5 (2003-12-12) Completion and Submission of the Tender
1. The tender shall be
(a) submitted on the Tender and Acceptance form provided as part
of the Tender and Contract Documents or on a clear and
legible reproduced copy of this form; the reproduced copy
must be identical in every respect to the Tender and
Acceptance form referred to in section GI 1;
(b) based on the Tender and Contract Documents listed in section
GI 1;
(c) correctly completed in all respects;
(d) signed, with an original signature, by a duly authorized
representative of the Tenderer in the space provided for that
purpose on the front page; and
(e) accompanied by any other document or documents specified
elsewhere in the solicitation where it is stipulated that
such documents are to accompany the tender.
2. Subject to section GI 13, any alteration to the preprinted or
pre-typed sections of the Tender and Acceptance form, or any
condition or qualification placed upon the tender shall be cause for
disqualification.
3. If no classes of labour, Plant or Material, Units of Measurement and
Estimated Quantities are shown in the Unit Price Table on the Tender
and Acceptance form, insert the Lump Sum Amount to be tendered in
the space provided in section TA 5 of this form.
4. If classes of labour, Plant, Material, Units of Measurement and
Estimated Quantities are shown in the Unit Price Table on the Tender
and Acceptance form, insert a Unit Price for each Item, multiply the
Unit Price by the respective Estimated Quantity, insert the answer
in the Total Estimated Price column against each Item and add the
Total Estimated Price column to obtain the Total Unit Price Amount
for the Unit Price portion of the Work. This Amount is to be
inserted at the bottom of the Unit Price Table in section TA 6 of
this form.
5. Subject to section GI 13, the tender, duly completed and signed,
should be enclosed and sealed in an envelope, and shall be addressed
and submitted to the Tender Address as shown on the Front Page. The
tender must be received on or before the Time and Date set for
Tender Closing.
6. Unless specified otherwise in the Tender and Contract Documents the
tender amount(s) shall be in Canadian currency.
7. Prior to submitting the tender, the Tenderer shall ensure that the
following information is clearly printed or typed on the face of the
tender envelope:
(a) the Solicitation Number; and
(b) the Time and Date set for Tender Closing.
8. Timely and correct delivery of tenders to the Tender Address as
shown on the front page is the sole responsibility of the Tenderer.
PWGSC shall not assume or have transferred to it those
responsibilities. All risks and consequences of incorrect delivery
of tenders are the responsibility of the Tenderer.
9. Type or legibly print the Tenderer's business name and address in
the spaces provided for on the Tender and Acceptance form for
Contractor's Full Business Name and Contractor's Full Business
Address respectively.
10. Do not make any entry on the Front Page in areas marked "(For
Departmental Use Only)".
GI 6 (2003-12-12) Signing Procedures and Identity or Legal Capacity of
the Tenderer
1. The signature of the authorized signatory shall be affixed to the
front page of the Invitation to Tender in the space provided.
2. In order to confirm the authority of the person or persons signing
the tender or to establish the legal capacity under which the
Tenderer proposes to enter into Contract, any Tenderer who carries
on business in other than its own personal name shall, if requested
by Canada, provide satisfactory proof of
(a) such signing authority; and
(b) the legal capacity under which it carries on business;
prior to contract award. Proof of signing authority may be in the
form of a certified copy of a resolution naming the signatory(ies)
that is (are) authorized to sign this tender on behalf of the
corporation or partnership. Proof of legal capacity may be in the
form of a copy of the articles of incorporation or the registration
of the business name of a sole proprietor or partnership.
GI 7 (2004-05-14) Procurement Business Number
1. For procurement purposes, the Government of Canada uses a unique
Procurement Business Number (PBN) to identify a company and its
branches, divisions, or offices, where appropriate. The PBN is
created using the entity's Canada Revenue Agency Business Number.
2. All Canadian companies are required to have a PBN prior to contract
award in order to receive a PWGSC contract. Non-Canadian companies
are strongly encouraged to obtain a PBN.
3. Companies may register for a PBN in the Supplier Registration
Information service on line at the Contracts Canada Website at: http:
//contractscanada.gc.ca.
4. For non-Internet registration, contact the Contracts Canada InfoLine
at 1-800-811-1148 or (819) 956-3440, in the National Capital Area,
to obtain the telephone number of the nearest Supplier Registration
Agent.
GI 8 (2003-12-12) Submission of Tender by Facsimile Transmission
1. Unless specified elsewhere in the Tender and Contract Documents,
(a) submission of a correct and fully completed Tender and
Acceptance form and the front page by facsimile transmission
is acceptable;
(b) for tenders transmitted by facsimile, a paper copy of the
Tender and Acceptance form with an original signature on the
front page of the Invitation to Tender shall be delivered to
the Tender Address as shown on the Front Page within two (2)
working days immediately following the Tender Closing Date
and the form should bear the word "CONFIRMATION".
2. If the Tenderer chooses to submit a tender by facsimile transmission,
Canada shall not be responsible for any failure attributable to the
transmission or receipt of the facsimile tender including, but not
limited to
(a) receipt of garbled or incomplete tender;
(b) availability or condition of the receiving facsimile
equipment;
(c) incompatibility between the sending and receiving equipment;
(d) delay in transmission or receipt of the tender;
(e) failure of the Tenderer to properly identify the tender;
(f) illegibility of the tender; and
(g) security of tender data.
GI 9 (2003-12-12) Revision of Tenders
1. A tender submitted in accordance with these instructions may be
revised by letter or facsimile provided the revision is received at
the office designated for the receipt of tenders, on or before the
date and time set for the closing of tenders. The letter or
facsimile shall
(a) be on the Tenderer's letterhead or bear a signature that
identifies the Tenderer;
(b) for the lump sum portion of a tender, clearly identify the
amount of the current revision. The total aggregate sum of
all revisions submitted, including the current revision,
shall be shown separately; and
(c) for the Unit Price portion of a tender, clearly identify the
change(s) in the Price(s) per Unit and the specific Item(s)
to which each change applies. If a revision is to be applied
to a specific Item that was previously amended then, in
addition to the amount of the current revision, the total
aggregate sum of all revisions submitted, including the
current revision, for that Item shall be shown separately.
2. A letter or facsimile submitted to confirm an earlier revision shall
be clearly identified as "CONFIRMATION ONLY". If a revision is
received and is not so identified then the amount noted therein
shall be deducted from or added to the identified Price(s) per Unit
or Lump Sum tender amount, whichever is applicable, provide it meets
the requirements described in subsection GI 8.1.
3. Failure to comply with any of the above provisions shall result in
the rejection of the non-compliant revision(s) only. The tender
shall be evaluated based on the original tender submitted and all
other compliant revision(s).
GI 10 (2003-12-12) Acceptance of Tender
1. Canada may accept any tender, whether it is the lowest or not, or
may reject any and all tenders.
2. Without limiting the generality of subsection GI 10.1, Canada may
reject any tender, based on an unfavourable assessment as to
(a) the adequacy of the tendered price to carry out the work and,
in the case of a tender providing Unit Prices, whether each
Unit Price reasonably reflects the cost of performing the
work related to that Price;
(b) whether the Tenderer has the necessary management structure,
skilled personnel, experience and equipment to perform
competently the work under the Contract; and
(c) the Tenderer's performance on other contracts.
3. In assessing the Tenderer's performance on other contracts pursuant
to subsection GI 10.2, Canada may consider, but not be limited to,
such matters as
(a) the efficiency and workmanship of the Tenderer in performing
the work; and
(b) the extent to which the Tenderer executed the work in
accordance with terms and conditions of the contract.
4. Canada may reject a tender where any of the following circumstances
is present:
(a) the Tenderer, or any employee or subcontractor included as
part of the tender, has been convicted under section 121 ("
Frauds on the government" & "Contractor subscribing to
election fund"), 124 ("Selling or purchasing office") or 418
("Selling defective stores to Her Majesty") of the Criminal
Code; or
(b) the Tenderer's tendering privileges have been suspended or
are in the process of being suspended;
(c) the tendering privileges of an employee or subcontractor
included as part of the tender have been suspended or are in
the process of being suspended, which suspension or pending
suspension would render that employee or subcontractor
ineligible to tender on the work, or the portion of the work
the employee or subcontractor is to perform;
(d) with respect to current or prior transactions with Canada;
(i) the Tenderer is bankrupt or where, for whatever reason,
its activities are rendered inoperable for an extended
period;
(ii) evidence, satisfactory to Canada, of fraud, bribery,
fraudulent misrepresentation or failure to comply with
any law protecting individuals against any manner of
discrimination, has been received with respect to the
Tenderer, any of its employees or any subcontractor
included as part of its tender;
(iii) the Minister has previously exercised or intends to
exercise the contractual remedy of taking the work out
of the contractor's hands with respect to a contract
with the Tenderer, any of its employees or any
subcontractor included as part of its tender; or
(iv) Canada determines that the Tenderer's performance on
other contracts is sufficiently poor so as to
jeopardize the successful completion of the work being
tendered upon.
5. Where Canada intends to reject a tender pursuant to the provisions
of subsection GI 10.4, other than paragraph GI 10.4. (b), the
Minister shall so inform the Tenderer and provide the Tenderer ten
(10) calendar days within which to make representations prior to
making a final decision on the tender rejection.
GI 11 (2003-12-12) Additional Information
Prior to contract award, the Tenderer submitting the lowest compliant
tender may be requested by the Departmental Representative to submit
additional information relating to its tender. The type of information,
the amount of detail and the time frame for the provision of such
information shall be fully described in a written notice. Failure to
provide the information as requested shall result in the disqualification
of the tender.
GI 12 (2003-12-12) Negotiations
1. In the event that the lowest compliant tender exceeds the amount of
funding Canada has allocated for the construction phase of the work
(a) by 15 percent or less, Canada, at its sole discretion, shall
either
(i) cancel the tender call; or
(ii) obtain additional funding and, subject to the
provisions of section GI 9, award the Contract to the
Tenderer submitting the lowest compliant tender; or
(iii) revise the scope of the work accordingly and negotiate,
with the Tenderer submitting the lowest compliant
tender, a corresponding reduction in its tendered
price.
(b) by more than 15 percent, Canada, at its sole discretion,
shall either
(i) cancel the tender call; or
(ii) obtain additional funding and, subject to the
provisions of section GI 9, award the Contract to the
Tenderer submitting the lowest compliant tender; or
(iii) revise the scope of the work accordingly and invite
those who submitted compliant tenders at the original
tender call to re-tender the work.
2. If negotiations or a re-tender are undertaken as is contemplated in
subparagraph GI 12.1 (a)(iii) or (b)(iii), Tenderers shall retain
the same subcontractors and suppliers as they carried in their
original tenders submissions.
3. If Canada elects to negotiate a reduction in the tendered price as
is contemplated in subparagraph GI 12.1 (a)(iii) and the
negotiations fail to reach an agreement, Canada shall then exercise
either of the options referred to subparagraph GI 12.1. (a)(i) or(ii).
GI 13 (2003-12-12) Minor Irregularities
Notwithstanding any other provision contained in these General Instructions
to Tenderers, Canada may waive minor irregularities in tenders received if
Canada determines that the variation of the tender from the exact
requirements set out in the Tender and Contract Documents can be corrected
or waived without being prejudicial to other Tenderers.
GI 14 (2003-12-12) Compliance with Applicable Laws
1. By submission of this tender, the Tenderer certifies that the
Tenderer has the legal capacity to enter into a contract and is in
possession of all valid licences, permits, registrations,
certificates, declarations, filings, or other authorizations
necessary to comply with all federal, provincial and municipal laws
and regulations applicable to the submission of the tender and entry
into any ensuing contract for the performance of the Work.
2. For the purpose of validating the certification in subsection GI 14.1,
the Tenderer shall, if requested by written notice, provide a copy
of every valid licence, permit, registration, certificate,
declaration, filing or other authorization listed in the notice, and
shall provide such documentation within the time limit(s) set out
therein.
3. Failure to comply with the requirements of subsection GI 14.2 shall
result in disqualification of the tender.
GI 15 (2003-12-12) Municipal Capital Development Charges
Only fees and charges directly relating to the processing and issue of
building permits and inspection permits shall be included in the tender.
Tenderers shall not include any moneys in the tender Amount(s) for special
municipal development, redevelopment or other fees or charges which the
authority having jurisdiction may seek as a prerequisite to the issuance of
building permits or inspection permits.
GI 16 (2004-05-14) Goods and Services Tax and Harmonized Sales Tax
Tenderers are not to include any amount for the Goods and Services Tax (GST)
or Harmonized Sales Tax (HST) whichever is applicable. Any amount to be
levied in respect of the GST or HST shall be billed as a separate item on
an invoice or request for progress payment submitted by the Contractor.
The appropriate GST or HST levy shall be paid to the Contractor in addition
to the amount approved by the Departmental Representative for work
performed under the Contract and shall therefore not affect any of the
individual amounts or the total amount of the Contract. The Contractor
shall be required to remit the appropriate amount to the Canada Revenue
Agency in accordance with the applicable legislation.
GI 17 (2003-12-12) Quebec Sales Tax
The Federal Government is exempt from the Quebec Sales Tax (QST).
Tenderers shall not include in their tenders any amount that is intended to
cover the tax on goods and services performed in the execution of the Work
except for such amounts for which an Input Tax Refund is not available.
The Contractor should make arrangements directly with the Province of
Quebec to recover any QST paid in performing this Contract.
GI 18 (2003-12-12) Certification - Contingency Fees
1. By submission of this tender, the Tenderer certifies that it has not
directly or indirectly paid or agreed to pay, and covenants that it
shall not directly or indirectly pay, a contingency fee for the
solicitation, negotiation or obtaining of this Contract to any
person other than to an employee of the Tenderer acting in the
normal course of the employee's duties.
2. All accounts and records pertaining to payments of fees or other
compensation for the solicitation, obtaining or negotiation of the
Contract shall be subject to audit by Canada at the discretion of
the Minister.
3. If the Tenderer certifies falsely under this section or is in
default of the obligations contained herein, the Minister may either
take the Work out of the Contractor's hands in accordance with the
provisions of the Contract or recover from the Contractor by way of
reduction to the Contract Amount or otherwise the full amount of the
contingency fee.
4. In this section
(a) "Contingency fee" means any payment or other compensation
that is contingent upon or is calculated upon the basis of a
degree of success in soliciting or obtaining a federal
Government contract or negotiating the whole or any part of
its terms;
(b) "Employee" means a person with whom the Contractor has an
employer/employee relationship.
(c) "Person" includes an individual or group of individuals, a
corporation, a partnership, an organization and an
association and, without restricting the generality of the
foregoing, includes any individual who is required to file a
return with the registrar pursuant to section 5 of the
Lobbyist Registration Act, R.S., 1985, c. 44 (4th Supplement
as the same may be amended from time to time).
GI 19 (2003-12-12) Hazardous Materials
All products supplied to Public Works and Government Services Canada's
workplaces must be in compliance with the Hazardous Products Act and the
Controlled Products Regulations. A Workplace Hazardous Materials
Information System has been implemented by federal and provincial
legislation and requires suppliers of hazardous materials to provide
adequate labels and Material Safety Data Sheets as conditions of sale and
importation.
GI 20 (2003-12-12) Condition of Material
Unless otherwise specified elsewhere in the Contract, materiel supplied
shall be new and conform to the latest issue of the applicable drawing,
specification, scope of work or part number that is in effect on the Tender
Closing Date.
GI 21 (2005-12-16) Contractor Performance Evaluation Report Form (CPERF)
The performance of the Contractor during and upon completion of the work
shall be evaluated by the Minister. The evaluation shall be based on
the quality of workmanship; timeliness of completion of the work;
project management, contract management and management of health and
safety. Should the Contractor's performance be considered
unsatisfactory, the Contractor's tendering privileges on future work may
be suspended indefinitely. An electronic version of the form
PWGSC-TPSGC 2913, Contractor Performance Evaluation Report Form, used to
record the performance is available on the PWGSC Website: http://www.pwgsc.gc.ca
/acquisitions/text/forms/forms-e.html.
2004-12-10SupersededR2110TARCHIVED General Instructions to Tenderers - Minor Works
2004-05-14SupersededR2110TARCHIVED General Instructions to Tenderers - Minor Works
2003-12-12SupersededR2110TARCHIVED General Instructions to Tenderers - Minor Works
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2003-12-12CancelledR2205DARCHIVED General Conditions (Minor Works) - Table of Contents
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R2210D GC 1 - General Provisions
GC 1.1 Definition
GC 1.2 Contract Documents
GC 1.3 Assignment
GC 1.4 Subcontracting
GC 1.5 Time is of the Essence
GC 1.6 Applicable Laws and By-laws
GC 1.7 Publicity
GC 1.8 Members of the House of Commons and Former Public Office
Holders
GC 1.9 International Sanctions
GC 1.10 Status of the Contractor
GC 1.11 National Security
GC 1.12 Severability
R2220D GC 2 - Administration of the Contract
GC 2.1 Departmental Representative's Rights and Obligations
GC 2.2 Contractor's Superintendent and Workers
GC 2.3 Nondiscrimination in Hiring and Employment of Labour
GC 2.4 Records to be Kept by the Contractor
GC 2.5 Notices
R2230D GC 3 - Execution of the Work
GC 3.1 Material, Plant and Real Property Become the Property of Canada
GC 3.2 Cooperation With Other Contractors
GC 3.3 Use of the Work and Cleanup of the Site
R2240D GC 4 - Protection, Health and Safety
GC 4.1 Material, Plant and Real Property Supplied by Canada
GC 4.2 Construction Safety
R2250D GC 5 - Terms of Payment
GC 5.1 Definitions
GC 5.2 Payment - General provisions
GC 5.3 Final Completion
GC 5.4 Progress Payments
GC 5.5 Payments - Duration of the Work equal to or less than 30 Days
GC 5.6 Payments - Duration of the Work more than 30 Days
GC 5.7 Interest on Overdue Accounts
GC 5.8 Payment in the Event of Termination
GC 5.9 Determination of Price
GC 5.10 Claims Against and Obligations of the Contractor or
Subcontractor
R2260D GC 6 - Changes in the Work
GC 6.1 Changes in the Work
GC 6.2 Changes in Subsurface Conditions and Delays by Canada
GC 6.3 Extension of Time
R2270D GC 7 - Default, Suspension or Termination of Contract
GC 7.1 Taking the Work out of the Contractor' Hands
GC 7.2 Effect of Taking the Work out of the Contractor's Hands
GC 7.3 Suspension of the Contract
GC 7.4 Termination of the Contract
R2280D GC 8 - Dispute Resolution
GC 8.1 Interpretation
GC 8.2 Consultation and Cooperation
GC 8.3 Authority of the Departmental Representative
GC 8.4 Negotiation
GC 8.5 Mediation
GC 8.6 Confidentiality
GC 8.7 Settlement
Schedule A - Rules for Mediation of Construction Contract Disputes
R2290D GC 9 - Indemnification and Insurance
GC 9.1 Indemnification
R2210D
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R2210D GC 1 - General Provisions
GC 1.1 Definition
"Canada" means Her Majesty, the Queen in right of Canada;
"Claimant" means a person to whom money may be payable and who has a direct
contract with the Contractor or any sub-contractor of the Contractor for
labour, equipment, and material, used or reasonably required for use or
consumed in the performance of the Contract but excludes the rental of
equipment where the rent pursuant to an agreement is to be applied towards
the purchase price of the rental equipment.
"Contractor" means a Person, with whom Canada enters into a Contract to do
the Work;
"Contract Amount" means the Amount(s) referred to in TA3 of the Tender and
Acceptance when the tender has been accepted and executed on behalf of
Canada;
"Contract Documents" include Front Page, Instructions to Tenderers, Tender
and Acceptance and any Appendices attached thereto, Plans and
Specifications or Scope of Work, General Conditions, Fair Wages and Hours
of Labour - Labour Conditions and Fair Wage Schedules for Federal
Construction Contracts if the Total Tender Amount is $30,000 or more, any
Addenda issued prior to tender closing and any written direction issued by
the Departmental Representative pursuant to the Contract;
"Departmental Representative" means such person as may be specifically
designated in writing by or on behalf of the Minister upon the award of the
Contract and includes a person specially authorized by the Departmental
Representative to act on the Departmental Representative's behalf;
"Final Certificate of Completion" means a certificate issued by the
Departmental Representative when the Work reaches completion;
"Final Certificate of Measurement" means a certificate issued by the
Departmental Representative showing the Authorized Quantities, Unit Prices,
and Total Amounts for labour, Plant and Material performed, used or
supplied by the Contractor in performing the part of the Work to which a
Unit Price Arrangement applies;
"Minister" means the Minister of Public Works and Government Services and a
person acting for, or if the office is vacant, in place of the Minister and
the Minister's successors in the office, and a lawful deputy and any
representative appointed for the purposes of the Contract;
"Material" means all commodities, articles, fixtures, and things required
to be furnished in accordance with the Contract for incorporation into the
Work;
"Plant" means all tools, implements, machinery, vehicles, structures,
equipment, articles, and things, other than Material and tools customarily
provided by a trades person in practicing a trade, that are necessary for
the performance of the Contract;
"Person" includes any partnership, proprietorship, firm, joint venture,
consortium and corporation unless there is an express stipulation in the
Contract to the contrary;
"Subcontractor" means a Person having a direct contract with the Contractor
to perform a part or parts of the Work or to supply Material worked to a
special design for the Work; and
"Work" means everything that is necessary to be done, furnished or
delivered by the Contractor to perform the Contract in accordance with the
Contract Documents.
GC 1.2 Contract Documents
1. References in the Contract Documents to the singular shall be
considered to include the plural and vice versa as the context
requires.
2. The Contract Documents are complementary and what is required by one
shall be as binding as if required by all.
3. The headings in the Tender and Contract Documents, other than in the
Plans and Specifications, form no part of the Contract but are
inserted for convenience of reference only.
4. In interpreting the Contract, in the event of discrepancies or
conflicts between anything in the Plans and Specifications or Scope
of Work and the General Conditions, the General Conditions govern.
5. In interpreting the Plans and Specifications, in the event of
discrepancies or conflicts between
(a) the Plans and Specifications, the Specifications govern;
(b) the Plans, the Plans with the largest scale govern; and
(c) figured dimensions and scaled dimensions, the figured
dimensions govern.
6. Later dates shall govern within each of the above categories of
documents.
GC 1.3 Assignment
This Contract shall not be assigned without the written consent of the
Minister.
GC 1.4 Subcontracting
1. The Contractor shall
(a) not subcontract the whole of the Work;
(b) not subcontract any part of the Work without the written
consent of the Departmental Representative; and
(c) ensure that all subcontracts entered into at any tier shall
incorporate all the terms and conditions of the Contract that
can reasonably be applied thereto.
GC 1.5 Time is of the Essence
Time is of the essence of the Contract.
GC 1.6 Applicable Laws and By-laws
1. The Contractor shall comply with all legislative and regulatory
provisions whether federal, provincial, territorial or municipal
applicable to the performance of the Work.
2. Unless otherwise provided for in the Contract, the Contractor shall
obtain all permits and hold all certificates and licenses required
for the performance of the Work.
3. From time to time the Departmental Representative may request that
the Contractor provides evidence that it complies with all
applicable legislative and regulatory provisions and that it holds
all required permits, certificates and licenses. Such evidence
shall be provided within the time set out in the request or as
otherwise stipulated in the Contract.
GC 1.7 Publicity
The Contractor shall not erect or permit to be erected any sign or
advertising, or engage in any public ceremony in connection with the Work,
unless approved by the Departmental Representative.
GC 1.8 Members of the House of Commons and Former Public Office Holders
1. No Member of the House of Commons shall be admitted to any share or
part of the Contract or to any benefit arising therefrom.
2. 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.
GC 1.9 International Sanctions
1. Persons and companies 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 the 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 Work 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 Contractor may request that the Contract be
terminated in accordance with GC 7.4, Termination of the Contract.
GC 1.10 Status of the Contractor
The Contractor is engaged as an independent Contractor for the sole purpose
of performing the Work. Neither the Contractor nor any of its personnel is
engaged as an employee, servant or agent of Canada. The Contractor is
responsible for all deductions and remittances required by law in relation
to its employees including those required for Canada or Quebec Pension
Plans, employment insurance, workers' compensation, and income tax.
GC 1.11 National Security
1. If the Minister is of the opinion that the work is of a class or
kind that involves the national security, the Minister may order the
contractor
(a) to provide the Minister with any information concerning
persons employed or to be employed by the contractor for
purposes of the contract; and
(b) to remove any person from the work and its site if, in the
opinion of the Minister, that person may be a risk to the
national security.
2. The contractor shall, in all contracts with persons who are to be
employed in the performance of the contract, make provision for the
performance of any obligation that may be imposed upon the
contractor under GC 2.2.
3. The Contractor shall comply with an order of the Minister under 1.
GC 1.12 Severability
If any provision of the Contract is declared by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision
shall be severed from the Contract and all other provisions of the
Contract shall remain in full force and effect.
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GC 2.1 Departmental Representative's Rights and Obligations
1. The Departmental Representative shall
(a) have access to the Work at all times;
(b) decide questions regarding what has been done or what the
Contractor is required to do;
(c) decide questions regarding the acceptability of the quality
or quantity of any labour, Plant or Material used or consumed
in the execution of the Work; and
(d) decide questions regarding the timing and scheduling of the
Work.
GC 2.2 Contractor's Superintendent and Workers
The Contractor shall keep a competent superintendent and capable and
skilled workers on the site of the Work at all times during the progress of
the Work. If, in the opinion of the Departmental Representative, the
superintendent or the workers are deemed to be unacceptable because of
incompetence or improper conduct, they shall be removed from the site of
the Work and replaced forthwith.
GC 2.3 Nondiscrimination in Hiring and Employment of Labour
1. For the purpose of this section "Persons" include the Contractor,
its Subcontractors, its suppliers, and their respective employees,
agents, licensees and invitees, and any other Person granted access
to the site of the Work.
2. The Contractor shall not refuse to employ and shall not discriminate
in any manner against any Person because
(a) of that Person's race, national origin, colour, religion, age,
sex or marital status;
(b) of the race, national origin, colour, religion, age, sex,
marital status of any person having any relationship or
association with that Person;
(c) of a complaint that has been made or information that has
been given by or in respect of that Person relating to an
alleged failure by the Contractor to comply with paragraphs 3.
(a) and 3. (b) of GC 2.3.
3. Without restricting the provisions of the Labour Conditions
(a) the Contractor shall, within two (2) working days immediately
following receipt of a written complaint alleging a breach of
the Labour Conditions or of subsection 2 of GC 2.3, at the
site of the Work
(i) cause to have issued a written direction to the Person
or Persons named by the complainant to cease all
actions that form the basis of the complaint;
(ii) forward a copy of the complaint and the written
direction referred to in subparagraph 3. (a)(i) of GC
2.3 to the Departmental Representative by registered
mail; and
(iii) forward a copy of the complaint to the federal
Department of Human Resources and Skills Development,
to the attention of the appropriate Director as
described in the Labour Conditions.
(b) the Contractor shall
(i) within twenty-four (24) hours immediately following
receipt of a direction from the Departmental
Representative to do so, cause to have removed from
the site of the Work any Person or Persons whom the
Departmental Representative believes is in breach of
the Labour Conditions or of subsection 2 of GC 2.3;
and
(ii) no later than thirty (30) days after receipt of the
direction referred to in subparagraph 3. (b)(i) of GC
2.3, cause to have the necessary action commenced to
remedy the breach described in said direction.
4. If the direction is issued pursuant to subparagraph 3. (b) of GC 2.3,
Canada may withhold from monies that are due and payable to the
Contractor or setoff pursuant to this Contract, whichever is
applicable, an amount representing the sum of the costs and payment
referred to in subsections 5 and 6 respectively of GC 2.3. Canada
shall not be obliged to pay interest on any monies withheld under
subsection 4 of GC 2.3.
5. If the Contractor fails to proceed in accordance with subparagraph 3.
(b)(ii) of GC 2.3, the Departmental Representative shall take the
necessary action to
(a) have the breach remedied; and
(b) determine any supplementary costs incurred by Canada.
6. Canada may make a payment directly to the complainant from monies
that are due and payable to the Contractor upon receipt from the
complainant of
(a) a written award issued pursuant to the federal Commercial
Arbitration Act, R.S., 1985, c C-34.6;
(b) a written award issued pursuant to the Canadian Human Rights
Act, R.S., 1985, c. H-6;
(c) a written award issued pursuant to provincial or territorial
human rights legislation; or
(d) a judgment issued by a court of competent jurisdiction.
7. If the Departmental Representative is of the opinion that the
Contractor has breached any of the provisions of GC 2.3, the
Minister may take the Work out of the Contractor's hands pursuant to
GC 7.1, Taking the Work Out of the Contractor's Hands.
GC 2.4 Records to be Kept by the Contractor
1. The Contractor shall, upon entering into Contract, maintain and keep
intact complete records relating to the Work until the expiration of
two (2) years after the date that a Final Certificate of Completion
is issued or the final invoice is paid if no Final Certificate of
Completion is issued. The Contractor shall, upon request from the
Departmental Representative, make said records available for copy,
audit or inspection to any person(s) acting on behalf of Canada.
2. The Contractor shall cause all Subcontractors, and all other Persons
or entities directly or indirectly involved with the Work, to comply
with the requirements of subsection 1 of GC 2.4.
GC 2.5 Notices
1. Any notice shall be in writing and may be delivered by hand, by
courier, by registered or regular mail, or by facsimile or other
electronic means that provides a paper record of the text of the
notice. The notice shall be addressed to the party for whom it is
intended at the address in the Contract or at the last address from
which the sender has received notice in accordance with this section.
Any notice shall be deemed to be effective on the day it is received
at that address or four (4) days after being sent, whichever is the
earlier.
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2003-12-12SupersededR2230DARCHIVED GC3 - Execution of the Work
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GC3.1 Material, Plant, and Real Property Become the Property of Canada
1. All Material and Plant used or consumed for the purposes of the Work
shall be the property of Canada. The Material and Plant shall be
used only for the purposes of the Work, and shall not be removed
from the site of the Work until so approved by the Departmental
Representative.
2. The Contractor shall be liable for all loss or damage to Material or
Plant that is the property of Canada by virtue of this section.
GC 3.2 Cooperation with Other Contractors
1. The Contractor shall cooperate fully with other contractors or
workers sent onto the site of the Work by the Departmental
Representative.
2. If, at the time the Contract was executed, the Contractor could not
have reasonably foreseen the sending of other contractors or workers
onto the site of the Work, and
(a) the Contractor incurs extra costs in complying with
subsection 1 of GC 3.2; and
(b) the Contractor gives written notice of claim for the extra
costs within ten (10) days from the date upon which the other
contractors or workers were sent onto the site of the Work;
Canada shall pay an additional amount to the Contractor, calculated
pursuant to GC 5.9.
GC 3.3 Use of the Work and Cleanup of Site
1. The Contractor shall maintain the site of the Work in a tidy
condition and free from the accumulation of waste material
throughout the duration of the Contract.
2. Before the Departmental Representative issues the Final Certificate
of Completion or approves payment of the final invoice, the
Contractor shall remove all materials, tools, construction machinery,
equipment, waste products and debris from the site of the Work.
3. Where the Work affects occupied portions of a building, the
Contractor shall ensure continuity of all building services and
shall ensure safe access for all persons requiring access to said
the building.
4. Without restricting any warranty or guarantee implied or imposed by
law or any extended warranty specified in the Contract, the
Contractor shall, upon notice from the Departmental Representative
and at its own expense, rectify all defects which appear in the Work
within twelve (12) months from the date of issuance of the Final
Certificate of Completion if one is issued pursuant to subsection 1
of GC 5.3, or from the date of the negotiable instrument issued as
final payment if a Final Certificate of Completion is not issued,
whichever is applicable.
5. The notice referred to in subsection 4 of GC 3.3 shall be in writing
and shall include the number of days within which the defect or
fault is to be rectified.
6. The Contractor shall transfer and assign, to Canada, any
subcontractor, manufacturer or supplier extended warranties or
guarantees implied or imposed by law or contained in the contract
documents covering periods beyond the twelve (12) months stipulated
above. Extended warranties or guarantees referred to herein shall
not extend the twelve (12) month period whereby the Contractor must
rectify and make good any defect or fault that appears in the work
or comes to the attention of the Minister.
7. The Contractor shall provide to the Departmental Representative
prior to the issuance of the Final Certificate of Completion, a list
of all extended warranties and guarantees referred to in subsection
6 of GC 3.3.
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2003-12-12SupersededR2240DARCHIVED GC4 - Protection, Health and Safety
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC 4.1 Material, Plant and Real Property Supplied by Canada The Contractor, having care, custody and control of the Work and its site, shall be responsible for any loss or damage, excluding reasonable wear and tear, to any property of Canada arising out of the performance of the Work whether or not such loss arises from causes beyond the Contractor's control. GC 4.2 Construction Safety The Contractor shall be responsible for the health and safety of all persons granted access to the site of the Work and for initiating, maintaining and supervising all safety inspections, precautions and programs in connection with the performance of the Work in accordance with the health and safety legislation in force in the province where the Work is being performed.
R2250D
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2004-12-10SupersededR2250DARCHIVED GC5 - Terms of Payment
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC 5.1 Definitions
For the purposes of this section:
"Payment Period" means a period of thirty (30) days or such other longer
period as may be agreed between the Contractor and the Departmental
Representative.
an amount is "Due and Payable" when it is due and payable by Canada to the
Contractor in accordance with the terms of the Contract.
an amount is "Overdue" when it remains unpaid after the day upon which it
is due and payable.
"Date of Payment" means the date of the negotiable instrument of an amount
due and payable by the Receiver General for Canada.
"Fixed Price Arrangement" means that part of the Contract that prescribes a
lump sum as payment for performance of the Work to which it relates.
"Unit Price Arrangement" means that part of the Contract that prescribes
the product of a Unit Price multiplied by a number of Units of Measurement
of a Class as payment for performance of the Work to which it relates.
"Unit Price Table" means the table set out in the Tender and Acceptance
form.
"Bank Rate" means the rate of interest established from time to time by the
Bank of Canada as the minimum rate at which the Bank of Canada makes short
term advances to members of the Canadian Payments Association.
"Average Bank Rate" means the simple arithmetic mean of the Bank Rates in
effect at 4:00 EST each day during the calendar month which immediately
precedes the calendar month in which payment is made, where the "Bank Rate"
means the rate of interest established from time to time by the Bank of
Canada as the minimum rate at which the Bank of Canada makes short term
advances to members of the Canadian Payments Association.
"Duration of the Work" means the number of calendar days required to
complete the Work, commencing on the first day following receipt by the
Contractor of the fully executed Contract and ending the day on which the
Departmental Representative verifies that the Work has been satisfactorily
completed.
GC 5.2 Payment - General Provisions
1. It is a condition precedent to Canada's obligation under subsection
GC 5.4.4, subsection GC 5.5.1 and subsections GC 5.6.1 and 5.6.2,
that the Contractor has made and delivered to the Departmental
Representative, a statutory declaration as described in subsection
GC 5.2.2.
2. A statutory declaration in a form acceptable to Canada shall contain
a declaration that the Contractor has complied with all lawful
obligations with respect to workers, to the Labour Conditions if
applicable, and that all lawful obligations towards Subcontractors
and suppliers in respect of the Work under the Contract have been
fully discharged.
3. A payment by Canada pursuant to this section shall not be construed
as evidence that the Work is satisfactory or in accordance with the
Contract.
4. Delay in making payment by Canada under section GC 5.2 shall not
constitute a breach of Contract.
5. Without limiting any right of setoff or deduction given or implied
by law or elsewhere in the Contract, Canada may retain from amounts
payable to the Contractor under the Contract, any amount payable to
Canada by the Contractor under the Contract or any other current
contract.
6. No additional payment shall be made for delays where the cause of
the delay was under the control of the Contractor.
7. Except as provided for in these General Conditions, the amount
payable to the Contractor under the Contract shall not be increased
or decreased by reason of any increase or decrease in cost of the
Work brought about by any increase in the cost of labour, Plant or
Material. In the event of a change, including a new imposition or
repeal, of any tax, customs or other duty, charge, or any similar
imposition that is imposed under sales or excise tax legislation of
the Government of Canada or any Provincial or Territorial
legislation, affects the cost of the Work to the Contractor, and
occurs
(a) after the date of submission by the Contractor of the
Contractor's tender; or
(b) if the Contractor's tender was revised, after the date of
submission of the last revision;
the Contract Amount shall be adjusted by an amount equal to the
increased or decreased cost to the Contractor, which amount shall be
determined through a detailed examination of the Contractor's
records.
GC 5.3 Final Completion
1. For a Contract in which the duration of the work is greater than
thirty (30) days, a Final Certificate of Completion shall be issued
to the Contractor on the date on which the Work has been completed
and the Contractor has complied with the Contract and all orders and
directions made pursuant thereto, all to the satisfaction of the
Departmental Representative.
2. Where the Contract is, in whole or in part, a Unit Price Arrangement,
the Departmental Representative shall, at the same time as the
issuance of the Final Certificate of Completion, issue a Final
Certificate of Measurement setting out the Authorized Quantities
used or employed in respect of the classes and units set out in the
Unit Price Table under TA 6 of the Tender and Acceptance form and
any subsequent amendments thereto, such certificate to be binding
upon the Contractor and Canada.
3. For Contracts in which the duration of the work is equal to or
lesser than thirty (30) days, the Departmental Representative shall
issue a written notice to the Contractor following the date that the
work has been successfully completed and the Contractor has complied
with the Contract and all orders and directions made pursuant
thereof, all to the satisfaction of the Departmental Representative,
confirming its successful completion.
GC 5.4 Progress Payments
1. Where the duration of the Work is greater than thirty (30) days, the
Contractor shall be entitled to receive progress payments upon
submitting a progress claim in a form approved by the Departmental
Representative.
2. On the expiration of a Payment Period, the Contractor shall deliver
to the Departmental Representative
(a) a written progress claim that fully describes any part of the
Work that has been satisfactorily completed and any Material
that was delivered to the site of the Work but not
incorporated into the Work during the Payment Period for
which the progress claim relates;
(b) a completed and signed statutory declaration as described in
subsection GC 5.2.2; and
(c) in the case of the initial progress claim and the request for
final payment, satisfactory evidence of compliance with
workers' compensation legislation that is applicable to the
place of the Work.
3. Not later than ten (10) days after receipt of a progress claim
properly submitted in accordance with subsection GC 5.4.2, the
Departmental Representative shall issue a progress report, a copy of
which shall be given to the Contractor, indicating the value of the
part of Work and the Material described in the progress claim that,
in the opinion of the Departmental Representative, is in accordance
with the Contract, and was not included in any previous progress
report.
4. Not later than thirty (30) days after the receipt by the
Departmental Representative of a properly submitted progress claim
and supporting documentation, Canada shall pay the Contractor an
amount that is equal to 90 percent of the value that is indicated in
the progress report.
GC 5.5 Payments - Duration of Work equal to or less than 30 Days
1. Upon verification by the Departmental Representative and subject to
section GC 5.4, payment of the Contractor's invoice for the value of
the Work satisfactorily completed, shall be made no later than
thirty (30) days after receipt, by the Departmental Representative,
of the said invoice, the statutory declaration referred to in
subsection GC 5.2.2 and any schedule or update to the schedule as
may be specified elsewhere in the Contract.
2. If, within fifteen (15) days of receipt of the invoice referred to
in subsection GC 5.5.1, additional information is requested by the
Departmental Representative, the 30-day payment period shall
commence upon receipt of the requested information.
GC 5.6 Payment - Duration of the Work over 30 Days
1. In the case of a Fixed Price Arrangement, Canada shall pay the
Contractor for 90 percent of that portion of the Work that is
satisfactorily performed and 90 percent of the price for the
Material that is delivered to the site of the Work but not yet
installed during the payment period for which the progress payment
relates. A progress payment shall be 90 percent of
(a) the Contract Amount; plus
(b) the aggregate of any increases and decreases to the Contract
Amount as may be provided for in the General Conditions or
agreed to by the Contractor and the Departmental
Representative; less
(c) the aggregate of all previous amounts paid for Work
satisfactorily performed under the Contract; less
(d) the aggregate of all amounts withheld from previous progress
payments; less
(e) an amount estimated by the Departmental Representative that
is equal to the cost to complete the remainder of the Work
and correct any known deficiencies; less
(f) the aggregate of any amounts payable to or costs and damages
claimed by Canada or by a Claimant, against the Contractor.
2. In the case of a Unit Price Arrangement, Canada shall pay the
Contractor 90 percent of the actual quantity of each Class of labour,
Plant and Material that was performed, used or supplied to the site
of the Work during the Payment Period for which the progress payment
relates. The Departmental Representative reserves the right to
increase or decrease the quantities submitted by the Contractor if
there is a disagreement between the Contractor's invoiced quantities
and the quantities shown in the records maintained at the site of
the Work. A progress payment shall be 90 percent of the aggregate
of
(a) the product of the actual quantity for each Class of labour,
Plant and Material that was performed, used or supplied to
the site of the Work for that Payment Period; multiplied
(b) in each case, by the corresponding Unit Price, Goods and
Services Tax/Harmonized Sales Tax (GST/HST) extra, as set out
in the Unit Price Table; less
(c) any amounts payable to or costs and damages claimed by Canada
or by a Claimant, against the Contractor.
3. Subject to subsections GC 5.6.4, GC 5.6.5 and GC 5.6.6, the
Departmental Representative and the Contractor may, by an agreement
in writing, amend a Unit Price as set out in the Unit Price Table
for any Class of labour, Plant or Materials provided the Final
Certificate of Measurement shows that the Authorized Quantity of the
Class of labour, Plant or Material actually performed, used or
supplied by the Contractor in performing the Work is
(a) less than 85 percent of the Estimated Quantity; or
(b) in excess of 115 percent of the Estimated Quantity.
4. In no event shall the total amount of an Item set out in the Unit
Price Table that has been amended pursuant to paragraph GC 5.6.3 (a)
exceed the amount that would have been Payable to the Contractor had
the Estimated Quantity actually been performed, used, or supplied.
5. An amendment that is made necessary by paragraph GC 5.6.3 (b) shall
apply only to the quantities that are in excess of 115 percent.
6. Where the Departmental Representative and the Contractor fail to
agree on the amount of any adjustment to a Unit Price as
contemplated by section GC 5.6, the amended Unit Prices shall be
determined in accordance with section GC 5.9.
7. Thirty (30) days after the issue of the Final Certificate of
Completion and, in the case of the Unit Price Arrangement, the Final
Certificate of Measurement, there shall become due and payable to
the Contractor an amount equal to the aggregate of the final
Contract Amount, less the aggregate of any amounts payable to or
costs and damages claimed by Canada or by a Claimant, against the
Contractor, less the aggregate of all progress payments made
pursuant to sections GC 5.4 and GC 5.6.
GC 5.7 Interest on Overdue Accounts
1. Canada shall be liable to pay, to the Contractor, simple interest at
the Average Bank Rate plus 3 percent per annum on any amount that is
Overdue. The interest shall apply from the date such amount becomes
Overdue until the day prior to the Date of Payment inclusively.
2. Interest shall be paid to the Contractor without demand on Overdue
payments, except, in respect to amounts which are less than fifteen
(15) days Overdue, in which case, no interest shall be paid unless
the Contractor so demands.
3. Canada shall not be liable to pay interest on Overdue advance
payments or where Canada is not responsible for the delay in paying
the Contractor.
GC 5.8 Payment in the event of Termination
1. In the case of a Fixed Price Arrangement, if the Contract is
terminated pursuant to section GC 7.4, Canada shall pay the
Contractor
(a) an amount, as agreed upon by the Contractor and the
Departmental Representative, for all labour, Plant and
Material performed, used or supplied by the Contractor as at
the date of termination plus
(i) any fully supported termination costs incurred by the
Contractor, less
(ii) any amounts payable to or costs and damages claimed by
Canada or by a Claimant, against the Contractor; or
(b) failing such an agreement, an amount calculated in accordance
with subsection GC 5.9.2.
2. In the case of a Unit Price Arrangement, if the Contract is
terminated pursuant to section GC 7.4, Canada shall pay the
Contractor
(a) the product of the Authorized Quantity as described in the
Final Certificate of Measurement for each Class of labour,
Plant and Material that was performed, used or supplied to
the site of the Work as at the date of termination;
multiplied
(b) in each case, by the corresponding Unit Price, GST/HST extra,
as set out in the Unit Price Table or as amended pursuant to
subsection GC 5.6.3, less
(c) any amounts payable to or costs and damages claimed by Canada
or by a Claimant, against the Contractor.
GC 5.9 Determination of Price
1. Prior to Undertaking the Work
(a) where a Lump Sum Arrangement applies to the Contract or a
part thereof, the price of any change shall be the aggregate
estimated cost of labour, Plant and Material that is required
for the change as agreed upon in writing by the Contractor
and the Departmental Representative under the authority of
the Minister, plus an allowance for overhead, margin and the
risk of undertaking the work within the stipulated amount,
which shall be equal to
(i) 20 percent of the aggregate estimated cost for that
portion of the work done by the Contractor's own
forces; and
(ii) 15 percent of the aggregate estimated cost for that
portion of the work that is done by subcontract;
(b) where a Unit Price Arrangement applies to the Contract or a
part thereof, the Contractor and the Departmental
Representative under the authority of the Minister may, by
agreement in writing, add Items, Units of Measurement,
Estimated Quantities and Unit Prices to the Unit Price Table;
(c) a Unit Price referred to paragraph GC 5.9.1 (b) shall be
determined on the basis of the aggregate estimated cost of
labour, Plant and Material that is required for the
additional Item as agreed upon by the Contractor and the
Departmental Representative under the authority of the
Minister, plus an amount equal to the allowance set out in
paragraph GC 5.9.1 (a);
(d) and to facilitate approval of the price of the additional
Item, the Contractor shall submit a cost estimate breakdown
identifying, as a minimum, the estimated cost of labour,
Plant, Material, each subcontract amount, and the amount of
the appropriate percentage allowance as described in
paragraph GC 5.9.1 (c);
(e) if no agreement can be reached as contemplated in paragraph
GC5.9.1 (a), the price shall be determined in accordance with
subsection GC 5.9.2; and
(f) if no agreement can be reached as contemplated in paragraphs
GC 5.9.1 (b) and GC 5.9.1 (c), the Departmental
Representative shall determine the Class and the Unit of
Measurement of the Item of labour, Plant or Material and the
Unit Price shall be determined in accordance with subsection
GC 5.9.2.
2. Following Completion of the Work
(a) where it is not possible to predetermine, or where there is
failure to agree upon the price of a change in the Work, the
price of the change shall be equal to the aggregate of
(i) all reasonable and proper amounts actually expended or
legally payable by the Contractor in respect of the
labour, Plant and Material that fall within one of the
classes of expenditure described in paragraph GC 5.9.2
(b), that are directly attributable to the performance
of the Contract; plus
(ii) an allowance for profit and all other expenditures or
costs equal to 10 percent of the sum of the amounts
referred to in subparagraph GC 5.9.2 (a)(i); plus
(iii) interest, if any, paid by the Contractor on the
amounts determined under subparagraphs GC 5.9.2 (a)(i)
and (ii), calculated in accordance with section GC 5.7.
(b) The cost of labour, Plant and Material referred to in
subparagraph GC 5.9.2 (a) shall be limited to the following
categories of expenditure:
(i) payments to Subcontractors and suppliers;
(ii) wages, salaries and traveling expenses of employees of
the Contractor located at the site of the Work and
that portion of wages, salaries, bonuses, living and
traveling expenses of personnel of the Contractor
generally employed at the head office or at a general
office of the Contractor provided they are actually
and properly engaged on the Work under the Contract;
(iii) assessments payable under any statutory authority
relating to workers' compensation, employment
insurance, pension plan or holidays with pay,
provincial health or insurance plans, environmental
reviews, and GST collection costs;
(iv) rent that is paid for Plant, or an amount equivalent
to the said rent if the Plant is owned by the
Contractor, that is necessary for and used in the
performance of the Work, if the rent or the equivalent
amount is reasonable and use of that Plant had been
approved by the Departmental Representative;
(v) payments for maintaining and operating Plant necessary
for and used in the performance of the Work, and
payments for effecting repairs thereto that, in the
opinion of the Departmental Representative, are
necessary for the proper performance of the Contract,
other than payments for any repairs to the Plant
arising out of defects existing before its allocation
to the Work;
(vi) payments for Material that is necessary for and
incorporated in the Work, or that is necessary for and
consumed in the performance of the Contract;
(vii) payments for preparation, delivery, handling, erection,
installation, inspection, protection and removal of
the Plant and Material necessary for and used in the
performance of the Contract; and
(viii) any other payments made by the Contractor with the
approval of the Departmental Representative that are
necessary for the performance of the Contract in
accordance with the Contract Documents.
GC 5.10 Claims Against and Obligations of the Contractor or
Subcontractor
1. The Contractor shall ensure that all its lawful obligations arising
out of the performance of the Work are discharged and satisfied at
least as often as the Contract requires Canada to pay the Contractor.
The Contractor shall provide the Departmental Representative with a
Statutory Declaration, as referred to in subsection GC 5.2.2. Among
other things, the Statutory Declaration shall also clearly identify
the existence and condition of any disputed claims and outstanding
obligations.
2. In order to discharge lawful obligations of and satisfy lawful
claims against the Contractor or a Subcontractor arising out of the
performance of the Work, Canada may
(a) pay an amount from money that is due and payable to the
Contractor pursuant to the Contract directly to the claimant
against the Contractor or the Subcontractor; or
(b) withhold from any amount that is due and payable to the
Contractor pursuant to the Contract the full amount of the
claim or any portion thereof. Monies withheld for this
purpose shall not be subject to any interest payment in the
event such claims are rejected.
3. The amount referred to in paragraph GC 5.10.2 (a) shall be that
amount which the Contractor would have been obliged to pay to such
claimant had the provisions of the Provincial or Territorial lien
legislation, or in the province of Quebec, the law relating to
mortgage, been applicable to the Work. Any such claimant need not
comply with the provisions of such legislation setting out the steps
by way of notice, registration, or otherwise as might have been
necessary to preserve or perfect any claim for lien or mortgage
which the claimant might have had.
4. For the purposes of section GC 5.10, a claim shall be considered
lawful when it is so determined
(a) by a court of competent jurisdiction;
(b) by an arbitrator duly appointed to arbitrate the said claim;
or
(c) by written notice delivered to the Departmental
Representative and signed by the Contractor authorizing
payment of the said claim(s).
5. A payment made pursuant to subsection GC 5.10.2 is, to the extent of
the payment, a discharge of Canada's liability to the Contractor
under the Contract and may be deducted from any amount payable to
the Contractor under the Contract.
6. Subsection GC 5.10.2 shall only apply to claims and obligations
where
(a) the notification of which has set forth the amount claimed to
be owing and the person who by Contract is primarily liable;
(b) the notification or a copy of the notification was received
by the Departmental Representative in writing before final
payment is made to the Contractor and within one hundred and
twenty (120) days of the date on which the claimant
(i) should have been paid in full under the claimant's
Contract with the Contractor or Subcontractor where
the claim is for money that was lawfully required to
held back from the claimant; or
(ii) performed the last of the labour or furnished the last
of the Plant or Material pursuant to the claimant's
Contract with the Contractor or Subcontractor where
the claim is not for money referred to in subparagraph
GC 5.10.6 (b)(i); and
(c) the proceedings to determine the right to payment for the
claim shall have commenced within one year from the date that
the notice referred to in paragraph GC 5.10.6 (b) was
received by the Department Representative.
7. The Departmental Representative shall inform the Contractor in
writing of receipt of any notification of claim and of the intention
of Canada to withhold funds pursuant to subsection GC 5.10.2. The
Contractor may, at any time thereafter and until payment is made to
the claimant, post with Canada, security in the form of a Claimant's
Payment Bond acceptable to Canada and in an amount equal to the
value of the said claim. Upon receipt of such security Canada shall
release to the Contractor any funds which would be otherwise payable
to the Contractor, that were withheld pursuant to the provisions of
subsection GC 5.10.2.
2003-12-12SupersededR2250DARCHIVED GC5 - Terms of Payment
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Title
2003-12-12SupersededR2260DARCHIVED GC6 - Changes in the Work
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC 6.1 Changes in the Work
1. The Minister, or the Departmental Representative under the authority
of the Minister, shall have the right to order additional Work,
dispense with, or change the whole or any part of the Work described
in the Plans and Specifications or Scope of the Work.
2. The Departmental Representative shall decide whether anything done
or not done as a result of directions given under subsection 1 of GC
6.1 has increased or decreased the cost of the Work to the
Contractor and where the cost of the Work has increased or decreased,
the amount payable under the Contract shall be increased or
decreased by an amount calculated in accordance with GC5.9.
3. Any change in the terms of the Contract, other than changes that may
be ordered by the Minister or the Departmental Representative
pursuant to subsection 1 of GC 6.1, may be made only by agreement in
writing between Canada and the Contractor.
GC 6.2 Changes in Subsurface Conditions and Delays by Canada
1. No extra payment shall be made to the Contractor for any extra
expense, loss or damage for any reason unless the Minister or the
Departmental Representative under the authority of the Minister
shall certify that such extra expense, loss or damage is directly
attributable to
(a) a substantial difference between the subsurface conditions as
indicated in the Plans and Specifications or Scope of Work
and the actual conditions found at the site of the Work; or
(b) the neglect or delay by Canada, occurring after the date of
award of the Contract,
(i) in providing any information or the doing of any act
which Canada is required expressly by the Contract to
do or as required by a known custom of the trade; or
(ii) in suspending the Work pursuant to GC 7.3.
2. The Contractor shall, within ten (10) days immediately after
encountering such subsurface conditions or such neglect or delay,
give written notice to the Departmental Representative of a claim
for such extra expense, loss or damage. Failure to provide such
written notice shall render the claim null and void.
3. The amount of any extra payment made under this section shall be
calculated in accordance with GC 5.9.
4. If, in the opinion of the Departmental Representative, any
difference in subsurface conditions referred to in subsection 1 of
GC 6.2 results in a savings to the Contractor, the amount of said
savings shall be deducted from the Contract Amount owing to the
Contractor.
GC 6.3 Extension of Time
1. Upon written application by the Contractor made before the date
fixed for the completion of the Work, the Departmental
Representative under the authority of the Minister, may extend the
time for completion of the Work if, in the opinion of the
Departmental Representative, causes beyond the control of the
Contractor have delayed its completion.
2. If the Contractor does not complete the Work by the day fixed for
its completion, but completes it thereafter, the Contractor shall
(a) pay all Canada's inspection costs relating to the Work
incurred after the stipulated completion date; and
(b) compensate Canada for any loss or damage resulting from the
failure by the Contractor to complete the Work by the
completion date fixed by the Contract.
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Title
2003-12-12SupersededR2270DARCHIVED GC7 - Default, Suspension or Termination of Contract
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC7.1 Taking the Work out of the Contractor's Hands
1. By giving notice in writing to the Contractor, the Minister may take
all or any part of the Work out of the Contractor's hands, and may
employ such means as the Minister sees fit to have the Work
completed if the Contractor
(a) fails to remedy any delay in the commencement or default in
the execution of the Work to the satisfaction of the
Departmental Representative within six (6) days of the
Minister giving written notice to the Contractor to do so;
(b) defaults in the completion of any part of the Work within the
time fixed by the Contract for its completion;
(c) becomes insolvent or commits an act of bankruptcy and has
neither made a proposal to its creditors nor filed a notice
of intention to make such a proposal pursuant to the
Bankruptcy and Insolvency Act;
(d) abandons the Work;
(e) makes an assignment contrary to GC1.3; and or
(f) otherwise fails to observe or perform any of the provisions
of the Contract.
2. If the whole or any part of the Work is taken out of the Contractor'
s hands, the Contractor's right to any further payment that is due
or accruing due under the Contract is extinguished.
3. The Contractor shall be liable to pay Canada, upon demand, an amount
that is equal to the sum of all losses and damages incurred or
sustained by Canada in respect of the Contractor's failure to
complete the Work.
4. If the whole or any part of the Work that is taken out of the
Contractor's hands pursuant to subsection 1 of GC7.1 is completed by
Canada, the Departmental Representative shall calculate the amount,
if any, of the holdback or progress claims that had accrued and was
due prior to the date on which the Work was taken out of the
Contractor's hands.
5. If it is determined that there is an amount that is not required for
the purposes of having the Work performed or of compensating Canada
for any other loss or damage incurred or sustained by reason of the
Contractor's default, Canada may then pay the Contractor the amount
determined not to be required pursuant to subsection 4 of GC7.1.
GC7.2 Effect of Taking the Work Out of the Contractor's Hands
1. The taking of the Work or part thereof out of the Contractor's hands
pursuant to subsection 1 of GC7.1 does not operate so as to relieve
or discharge the Contractor from any obligations under the Contract
or imposed upon the Contractor by law except the obligation to
complete the performance of that part of the Work that was taken out
of the Contractor's hands.
2. All Plant and Material and the interest of the Contractor in all
real property, licenses, powers and privileges acquired, used,
provided or consumed by the Contractor under the Contract shall
continue to be the property of Canada without compensation to the
Contractor.
3. When the Departmental Representative certifies that any Plant,
Material or any interest of the Contractor referred to in GC7.2, is
no longer required for the purpose of the Work, or that it is not in
the interests of Canada to retain that Plant, Material or interest,
it shall revert to the Contractor.
GC7.3 Suspension of the Contract
1. The Minister may, upon giving notice in writing to the Contractor,
suspend the performance of the Work at any time. The Contractor
shall comply with such notice immediately, subject to any conditions
that may be stipulated in the notice.
2. If the Minister suspends the Work for thirty (30) days or less the
Contractor shall, subject to its remedy under GC5.9, complete the
Work when called upon to do so. If the Minister suspends the Work
for a period in excess of thirty (30) days, the Contractor may
request that the Minister terminate the Contract pursuant to GC7.4.
3. It is the responsibility of the Contractor to mitigate all costs
during the suspension period.
GC7.4 Termination of the Contract
1. The Minister may terminate the Contract at any time by giving notice
of termination in writing to the Contractor and upon receipt of such
notice the Contractor shall cease all operations in performance of
the Contract, subject to any conditions that may be stipulated in
the notice.
2. Termination under subsection 1 of GC7.4 shall not relieve the
Contractor of any legal or contractual obligations other than that
portion of Work that remains to be completed at the time of the
termination.
3. Payment, in event of termination under this subsection, shall be
made pursuant to the provision of GC5.8.
R2280D
Effective Date
Item Status
ID
Title
2004-12-10SupersededR2280DARCHIVED GC8 - Dispute Resolution
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC 8.1 Interpretation
1. In these Dispute Resolution Conditions and in clause R0208D, Dispute
Resolution - Rules for Mediation,
"dispute" means any disagreement regarding any issue identified by
the Contractor in the notice submitted to the Departmental
Representative in accordance with section GC 8.3, and includes any
claim by the Contractor arising from such disagreement and any
counterclaim by Canada, but does not include any claim by either
party for punitive or exemplary damages, injury to persons, death,
or any claim based on an allegation of libel or slander; and
"Working Day" means a day other than a Saturday, Sunday or a holiday
which is observed by the construction industry in the area where the
Work is located.
2. The alternative dispute resolution procedures set out in GC 8, do
not apply to any claim by Canada against the Contractor except any
counterclaim in a dispute, including, but not limited to, any claim
of setoff regarding any amount due to Canada under section GC 6.3.
GC 8.2 Consultation and Co-operation
1. The parties agree to maintain open and honest communication
throughout the performance of the Contract.
2. The parties agree to consult and co-operate with each other in the
furtherance of the Work and the resolution of problems or
differences which may arise.
GC 8.3 Authority of Departmental Representative
1. Any differences between the parties to the Contract of any nature
arising out of, or in connection with, the Contract which could
result in a claim by the Contractor against Canada, and which is not
settled by consultation and co-operation as envisaged in section GC
8.2, shall be resolved in the first instance by the Departmental
Representative, whose written decision or direction shall be final
and binding subject only to the provisions of GC 8. Such written
decision or direction includes, but is not limited to, any written
decision or direction by the Departmental Representative under any
provision of the General Conditions.
2. The Contractor shall be deemed to have accepted the decision or
direction of the Departmental Representative referred to in
subsection GC 8.3.1 and to have expressly waived and released Canada
from any claim in respect of the particular matter dealt with in
that decision or direction unless, within fifteen (15) working days
after receipt of the decision or direction, the Contractor submits
to the Departmental Representative a written notice of dispute
requesting formal negotiation under GC 8.4. Such notice shall refer
specifically to section GC 8.4, and shall specify the issues in
contention and the relevant provisions of the Contract.
3. The giving of a written notice in accordance with subsection GC 8.3.2
shall not relieve the Contractor from complying with the decision or
direction that is the subject of the dispute. Such compliance,
however, shall not be construed as an admission by the Contractor of
the correctness of such decision or direction.
4. If a dispute is not resolved promptly, the Departmental
Representative shall give such instructions as, in the Departmental
Representative's opinion, are necessary for the proper performance
of the Work and to prevent delays pending a resolution of the matter.
Unless the Minister terminates the Contract, orders the Contractor
to suspend the Work, or takes the Work out of the hands of the
Contractor, the Contractor shall continue to perform the Work in
accordance with the provisions and requirements of the Contract and
the instructions of the Departmental Representative. Such
performance shall not prejudice any claim that the Contractor may
have.
5. Nothing in GC 8 relieves the Contractor from its obligation to
provide any other notice required by the Contract within the time
specified in the Contract, including, but not limited to, any notice
required under section GC 6.2.
GC 8.4 Negotiation
1. Within ten (10) working days after receipt by the Departmental
Representative of a notice referred to in subsection GC 8.3.2, or
within such other period of time as may be mutually agreed to, the
parties shall commence formal negotiations in order to resolve the
dispute. Negotiations shall occur initially between representatives
of the Contractor and Canada who play a direct supervisory role in
the performance, administration or management of the Contract.
2. If the representatives referred to in subsection GC 8.4.1 are unable
to resolve some or all of the issues which are the subject of the
negotiations within ten (10) working days, the parties shall refer
the remaining issues which are in dispute to a second level of
negotiation between a principal or principals of the Contractor and
a senior level manager or senior level managers representing Canada.
3. If negotiations fail to resolve the dispute within thirty (30)
working days from the date of delivery of the notice referred to in
subsection GC 8.3.2, or within such longer period as may have been
agreed to by the parties, the Contractor may, by giving written
notice to the Departmental Representative, in accordance with
section GC 2.5, within ten (10) working days from the end of such
period, request that mediation be undertaken to assist the parties
to reach agreement on the outstanding issues.
4. If the Contractor does not request mediation within the period
permitted by subsection GC 8.4.3, the Contractor shall be deemed to
have accepted the decision or direction of the Departmental
Representative under subsection 1 of GC 8.3, and to have expressly
waived and released Canada from any claim in respect of the
particular matter dealt with in that decision or direction.
GC 8.5 Mediation
1. If the Contractor has requested mediation in accordance with
subsection GC 8.4.3, mediation shall be conducted in accordance with
clause R0208D, Dispute Resolution - Rules for Mediation.
2. If a Project Mediator has not previously been appointed for the
purposes of the Contract, a Project Mediator shall be appointed in
accordance with R0208D, forthwith after delivery of a notice in
accordance with subsection GC 8.4.3, requesting mediation.
3. If the dispute has not been resolved within
(a) ten (10) working days following the appointment of a Project
Mediator in accordance with subsection GC 8.5.2 if a Project
Mediator was not previously appointed;
(b) ten (10) working days following receipt by the Departmental
Representative of a written notice in accordance with
subsection GC 8.4.4, if a Project Mediator was previously
appointed; or
(c) such other longer period as may have been agreed to by the
parties;
the Project Mediator shall terminate the mediation by giving written
notice to the parties stating the effective date of termination.
GC 8.6 Confidentiality
All information exchanged during alternative dispute resolution procedures,
by whatever means, shall be without prejudice and shall be treated as
confidential by the parties and their representatives, unless otherwise
required by law. However, evidence that is independently admissible or
discoverable shall not be rendered inadmissible or non-discoverable by
virtue of its use during an alternative dispute resolution process.
GC 8.7 Settlement
Any agreement to settle all or any part of a dispute, by whatever means,
shall be in writing and be signed by the parties or their authorized
representatives.
2003-12-12SupersededR2280DARCHIVED GC8 - Dispute Resolution
R2290D
Effective Date
Item Status
ID
Title
2003-12-12SupersededR2290DARCHIVED GC9 - Indemnification and Insurance
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC 9.1 Indemnification
1. The Contractor shall indemnify and save harmless Canada, its
servants, agents and all those for whom Canada may be, in law,
responsible, from and against all claims, demands, losses, damages,
costs and legal proceedings by whomever made, sustained, brought or
prosecuted, and in any manner based upon, occasioned by or
attributed to the activities of the Contractor, the Contractor's
employees, agents or persons for whom the Contractor is, in law,
responsible for the performance or purported performance of the
Contract, including an infringement or alleged infringement of a
patent of invention or any other kind of intellectual property.
2. For the purpose of subsection 1 of GC 9.1, activities include any
act improperly carried out and any omission or delay in carrying out
an act.
3. The Contractor's liability to indemnify or reimburse Canada under
the Contract shall not affect or prejudice Canada from exercising
any rights available to Canada at law or in equity.
R2310D
Effective Date
Item Status
ID
Title
2004-05-14CancelledR2310DARCHIVED Tender and Acceptance Form
Remarks – Recommended Use of SACC Item
The contracting officer is to fill in the necessary information in the areas indicated.
Legal text for SACC item
TA 1 Project Identification, Facility Security Requirements and Site
Visit
TA 2 Offer
TA 3 Addenda
TA 4 General Agreement
TA 5 Lump Sum
TA 6 Unit Price Table
TA 1 Project Identification, Facility Security Requirements and Site
Visit
1. Project Identification
(a) Description of the Work: (insert description of the Work)
____________________
____________________
____________________
(b) Requisition Number: _____________(insert Requisition Number)
(c) Project Number: _________________(insert Project Number)
2. Facility Security Requirements
The facility security requirement for this project is (insert (x) in
appropriate box)
( ) None
( ) Enhanced Reliability
( ) Secret
3. Site Visit
(a) It is (MANDATORY OR OPTIONAL OR NOT REQUIRED) that Tenderers
attend a site visit at the following designated date, time
and location to examine the scope of the work required and
the existing site conditions:
SITE VISIT: (Date) ______/______ _/______ (Time): _____
___
Day / Month / Year
Location of Site Visit: _________________________________
_________________________________
_________________________________
(b) In the event that a mandatory site visit is indicated, an
attendance form shall be signed by the Tenderers'
representatives in attendance and returned to the
Departmental Representative immediately after the visit has
been conducted. Tenderers who, for any reason, cannot attend
the site visit at the specified date, time and location will
not be given an alternative appointment. Therefore tenders
submitted by Tenderers who have not attended the site visit
or who have failed to sign the attendance form will be
rejected as non-responsive for not meeting an essential
requirement of the tender documents.
4. Procurement Business Number (PBN)
(a) Tenderers should enter their PBN as described in GI 7 in the
space provided below:
PBN: _____________.
TA 2 Offer
1. The Tenderer (hereinafter called the "Contractor") hereby offers to
Canada as represented by the Minister of Public Works & Government
Services Canada (hereinafter called the "Minister") to furnish all
necessary labour, Plant, Material, tools and equipment to execute
and complete, in a careful and workmanlike manner, the Work as set
out in the Plans and Specifications or Scope of Work numbered _______
______ (insert Project Number) and dated __________ (insert date of
Plans and Specifications or Scope of Work) for the
(a) Lump Sum Amount as set out in TA 5; or
(b) Total Unit Price Amount as set out in TA 6; or
(c) Total Tender Amount of $ __________, Goods and Services Tax/
Harmonized Sales Tax (GST/HST) extra, which is the sum of the
Amounts set out in TA5 and TA 6;
of this Tender and Acceptance.
2. The above Amount(s) is(are) inclusive of all applicable federal,
provincial and municipal taxes. In the event of a change in any tax,
customs or other duty, charge, or any similar imposition that is
imposed under sales or excise tax legislation of the Government of
Canada or any provincial or territorial legislation, that affects
the cost to the Contractor of the Work, and that change occurs
(a) after the date the tender was mailed or delivered; or
(b) if the tender is revised, after the date the last revision
was mailed or delivered;
the amount of this offer shall be increased or decreased in the
manner provided for in GC 5.2.
3. For the purposes of the tender, the GST/HST, whichever is applicable,
is not to be considered as an applicable tax. The GST/HST will be
paid to the Contractor as a separate amount in addition to the
amount paid for Work satisfactorily performed.
4. The Offer is made subject to the provisions contained in the
Instructions to Tenderers, and the other Tender and Contract
Documents referred to therein in accordance with GI 1, and these
Documents together shall be and are the complete tender.
5. The tender supersedes and cancels all prior communications,
negotiations and agreements relating to the Work other than those
contained in the completed tender.
6. The Plans and Specifications or Scope of Work (insert (x) in
appropriate box):
( ) are attached to this tender package
( ) will be distributed at the Site Visit referred to in
subsection 3 of TA 1.
TA 3 Addenda
1. By submission of my/our tender, I/we confirm that I/we have read and
understand the requirements expressed in all addenda up to and
including Addendum No. __________ and have included all costs of
these requirements in my/our Total Tender Amount.
2. I/We understand that, if I/we fail to enter the correct number of
the last Addenda issued, my/our tender shall be disqualified.
TA 4 General Agreement
1. The Contractor agrees
(a) to complete the Work within ________ (insert number of days)
days from the date of notification of acceptance of this
tender;
(b) that this Tender and Acceptance, the Instructions to
Tenderers, the Plans and Specifications or Scope of Work
referred to in TA 2, the General Conditions, the Labour
Conditions and the Fair Wage Schedule (if the Total Tender
Amount is $30,000 or more) and any addenda issued prior to
the Tender Closing Date shall be and are the complete tender
and this offer is made subject to the provisions contained
therein. Submission of a tender constitutes acknowledgment
that the Tenderer has read and agrees to be bound by these
documents;
(c) that this tender may not be withdrawn for a period of thirty
(30) calendar days immediately following the Tender Closing
Date;
(d) that the complete tender together with, and subject to, all
provisions contained therein shall, when accepted and
executed on behalf of Canada, constitute a binding Contract
between the Contractor and Canada; and
(e) that, once accepted and executed on behalf of Canada, this
tender becomes the Contract and the Amount referred to in TA
2 becomes the Contract Amount.
TA 5 Lump Sum
1. The contractor agrees that the following is the Lump Sum Amount
referred to in TA 2 above: $ __________ GST/HST extra, for the Fixed
Price portion of the Work.
2. The Lump Sum Amount should be entered numerically only.
TA 6 Unit Price Table
1. The following is the Unit Price Table for the purposes of the tender
and Contract. A Unit Price shall be entered and the Total Estimated
Price should be entered for each Item listed.
2. The Contractor agrees that
(a) the following are the Unit Prices referred to in TA 2 above
for the Unit Price portion of the Work; and
(b) the Unit Prices, as tendered, govern and that any errors in
the extension of the Unit Prices and in the addition of the
Total Estimated Prices will be corrected by Canada in order
to obtain the Total Unit Price Amount to be tendered.
| Item | Labour, Plant & Material |
Unit of Measurement |
Estimated Quantity |
Unit Prices, GST/HST extra |
Total Estimated Price, GST/HST extra |
|---|---|---|---|---|---|
| $ | $ | ||||
| $ | $ | ||||
| $ | $ | ||||
| $ | $ | ||||
| $ | $ | ||||
| $ | $ | ||||
| $ | $ | ||||
| $ | $ | ||||
| Total Unit Price Amount for the Unit Price portion of the Work, GST/HST extra | $ | ||||
2003-12-12SupersededR2310DARCHIVED Tender and Acceptance Form
R2410T
Effective Date
Item Status
ID
Title
2022-01-28ActiveR2410TGeneral Instructions - Construction Services
Remarks – Recommended Use of SACC Item
This clause is used for solicitations with an estimated value of less than $100,000.
Legal text for SACC item
- GI01 Integrity provisions—bid
- GI02 Completion of bid
- GI03 Identity or legal capacity of the Bidder
- GI04 Applicable Taxes
- GI05 Capital development and redevelopment charges
- GI06 Listing of Subcontractors and Suppliers
- GI07 Submission of bid
- GI08 Revision of bid
- GI09 Rejection of bid
- GI10 Bid costs
- GI11 Procurement Business Number
- GI12 Compliance with applicable laws
- GI13 Approval of alternative materials
- GI14 Performance evaluation
- GI15 Conflict of interest—unfair advantage
- GI16 Code of Conduct for Procurement—bid
GI01 (2016-04-04) Integrity provisions—bid
- The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Bidder must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
- Under the Policy, charges and convictions of certain offences against a Bidder, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Bidder is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
- In addition to all other information required in the bid solicitation, the Bidder must provide the following:
- by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
- with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
- Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Bidder certifies that:
- it has read and understands the Ineligibility and Suspension Policy;
- it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
- it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
- it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
- none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
- it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
- Where a Bidder is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
- Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Bidder provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Bidder to be ineligible for award of a contract for providing a false or misleading certification or declaration.
GI02 (2014-03-01) Completion of bid
- The bid shall be
- submitted on the Bid and Acceptance Form;
- based on the Bid Documents listed in the Special Instructions to Bidders;
- correctly completed in all respects;
- signed by a duly authorized representative of the Bidder; and
- accompanied by any other document or documents specified elsewhere in the solicitation where it is stipulated that said documents are to accompany the bid.
- Subject to paragraph 6) of GI09, any alteration to the pre-printed or pre-typed sections of the Bid and Acceptance Form, or any condition or qualification placed upon the bid shall be cause for disqualification. Alterations, corrections, changes or erasures made to statements or figures entered on the Bid and Acceptance Form by the Bidder shall be initialed by the person or persons signing the bid. Alterations, corrections, changes or erasures that are not initialed shall be deemed void and without effect.
- Unless otherwise noted elsewhere in the Bid Documents, facsimile copies of bids are not acceptable.
- Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Bidder to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Bidder's part nor for notification services offered by a third party.
GI03 (2015-02-25) Identity or legal capacity of the Bidder
In order to confirm the authority of the person or persons signing the bid or to establish the legal capacity under which the Bidder proposes to enter into Contract, any Bidder who carries on business in other than its own personal name shall, if requested by Canada, provide satisfactory proof of
- such signing authority; and
- the legal capacity under which it carries on business;
prior to contract award. Proof of signing authority may be in the form of a certified copy of a resolution naming the signatory(ies) that is (are) authorized to sign this bid on behalf of the corporation or partnership. Proof of legal capacity may be in the form of a copy of the articles of incorporation or the registration of the business name of a sole proprietor or partnership.
GI04 (2015-02-25) Applicable Taxes
“Applicable Taxes” means the Goods and Services Tax (GST), the Harmonized Sales Tax (HST) and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013.
GI05 (2015-02-25) Capital development and redevelopment charges
For the purposes of GC1.8, of R2810D "Laws, Permits and Taxes", in the General Conditions of the Contract, only fees or charges directly related to the processing and issuing of building permits shall be included. The Bidder shall not include any monies in the bid amount for special municipal development, redevelopment or other fees or charges which a municipal authority may seek as a prerequisite to the issuance of building permits.
GI06 (2015-02-25) Listing of Subcontractors and Suppliers
Notwithstanding any list of Subcontractors that the Bidder may be required to submit as part of the bid, the Bidder shall, within forty-eight (48) hours of receipt of a notice to do so, submit all information requested in the said notice including the names of Subcontractors and Suppliers for the part or parts of the Work listed. Failure to do so shall result in the disqualification of its bid.
GI07 (2014-03-01) Submission of bid
- The Bid and Acceptance Form, duly completed, shall be enclosed and sealed in an envelope provided by the Bidder, and shall be addressed and submitted to the office designated on the Front Page "Invitation to Tender" for the receipt of bids. The bid must be received on or before the date and time set for solicitation closing.
- Unless otherwise specified in the Special Instructions to Bidders
- the bid shall be in Canadian currency;
- the requirement does not offer exchange rate fluctuation risk mitigation. Requests for exchange rate fluctuation risk mitigation will not be considered. All bids including such provision will render the bid non-responsive.
- Prior to submitting the bid, the Bidder shall ensure that the following information is clearly printed or typed on the face of the bid envelope:
- Solicitation Number;
- Name of Bidder;
- Return address; and
- Closing Date and Time.
- Timely and correct delivery of bids is the sole responsibility of the Bidder.
GI08 (2011-05-16) Revision of bid
- A bid submitted in accordance with these instructions may be revised by letter or facsimile provided the revision is received at the office designated for the receipt of bids, on or before the date and time set for the closing of the solicitation. The letter or facsimile shall on the Bidder's letterhead or bear a signature that identifies the Bidder.
- A revision to a bid that includes unit prices must clearly identify the change(s) in the unit price(s) and the specific item(s) to which each change applies.
- A letter or facsimile submitted to confirm an earlier revision shall be clearly identified as a confirmation.
- Failure to comply with any of the above provisions shall result in the rejection of the non-compliant revision(s) only. The bid shall be evaluated based on the original bid submitted and all other compliant revision(s).
GI09 (2013-04-25) Rejection of bid
- Canada may accept any bid, whether it is the lowest or not, or may reject any or all bids.
- Without limiting the generality of paragraph 1) of GI09, Canada may reject a bid if any of the following circumstances is present:
- the Bidder's bidding privileges are suspended or are in the process of being suspended;
- the bidding privileges of any employee or subcontractor included as part of the bid are suspended or are in the process of being suspended, which suspension or pending suspension would render that employee or subcontractor ineligible to bid on the Work, or the portion of the Work the employee or subcontractor is to perform;
- the Bidder is bankrupt, or where for whatever reason, its activities are rendered inoperable for an extended period;
- evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of its bid;
- evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a sub-contractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
- with respect to current or prior transactions with Canada
- Canada has exercised, or intends to exercise, the contractual remedy of taking the work out of the contractor's hands with respect to a contract with the Bidder, any of its employees or any subcontractor included as part of its bid; or
- Canada determines that the Bidder's performance on other contracts is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
- In assessing the Bidder's performance on other contracts pursuant to subparagraph 2.f. i & ii GI09, Canada may consider, but not be limited to, such matters as:
- the quality of workmanship in performing the Work;
- the timeliness of completion of the Work;
- the overall management of the Work and its effect on the level of effort demanded of the department and its representative; and
- the completeness and effectiveness of the Contractor's safety program during the performance of the Work.
- Without limiting the generality of paragraphs 1), 2) and 3) of GI09, Canada may reject any bid based on an unfavourable assessment of the
- adequacy of the bid price to permit the work to be carried out and, in the case of a bid providing prices per unit, whether each such price reasonably reflects the cost of performing the part of the work to which that price applies;
- Bidder's ability to provide the necessary management structure, skilled personnel, experience and equipment to perform competently the work under the Contract; and
- Bidder's performance on other contracts.
- When Canada intends to reject a bid pursuant to a provision of paragraphs 1), 2), 3) or 4) of GI09, other than subparagraph 2)(a) of GI09, the Contracting Authority will inform the Bidder and provide the Bidder ten (10) days within which to make representations, before making a final decision on the bid rejection.
- Canada may waive informalities and minor irregularities in bids received if Canada determines that the variation of the bid from the exact requirements set out in the Bid Documents can be corrected or waived without being prejudicial to other Bidders.
GI10 (2015-02-25) Bid costs
No payment will be made for costs incurred in the preparation and submission of a bid in response to the bid solicitation. Costs associated with preparing and submitting a bid, as well as any costs incurred by the Bidder associated with the evaluation of the bid, are the sole responsibility of the Bidder.
GI11 (2020-05-28) Procurement Business Number
Suppliers are required to have a Procurement Business Number (PBN) before contract award. Suppliers may register for a PBN online at Supplier Registration Information.
GI12 (2013-04-25) Compliance with applicable laws
- By submission of a bid, the Bidder certifies that the Bidder has the legal capacity to enter into a contract and is in possession of all valid licences, permits, registrations, certificates, declarations, filings, or other authorizations necessary to comply with all federal, provincial and municipal laws and regulations applicable to the submission of the bid and entry into any ensuing contract for the performance of the work.
- For the purpose of validating the certification in paragraph 1) of GI12, a Bidder shall, if requested, provide a copy of every valid licence, permit, registration, certificate, declaration, filing or other authorization listed in the request, and shall provide such documentation within the time limit(s) set out in the request.
- Failure to comply with the requirements of paragraph 2) of GI12 shall result in disqualification of the bid.
GI13 (2015-02-25) Approval of alternative materials
When materials are specified by trade names or trademarks, or by manufacturers' or suppliers' names, the bid shall be based on use of the named materials. During the solicitation period, alternative materials may be considered provided full technical data is received in writing by the Contracting Officer at least ten (10) calendar days prior to the solicitation closing date. If the alternative materials are approved for the purposes of the bid, an addendum to the bid documents shall be issued.
GI14 (2010-01-11) Performance evaluation
- Bidders shall take note that the performance of the Contractor during and upon completion of the work shall be evaluated by Canada. The evaluation shall be based on the quality of workmanship; timeliness of completion of the work; project management, contract management and management of health and safety. Should the Contractor's performance be considered unsatisfactory, the Contractor's bidding privileges on future work may be suspended indefinitely.
- The form PWGSC-TPSGC 2913, SELECT - Contractor Performance Evaluation Report Form, is used to record the performance.
GI15 (2011-05-16) Conflict of interest—unfair advantage
- In order to protect the integrity of the procurement process, bidders are advised that Canada may reject a bid in the following circumstances:
- if the Bidder, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
- if the Bidder, any of its subcontractors, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other bidders and that would, in Canada's opinion, give or appear to give the Bidder an unfair advantage.
- The experience acquired by a bidder who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This bidder remains however subject to the criteria established above.
- Where Canada intends to reject a bid under this section, the Contracting Authority will inform the Bidder and provide the Bidder an opportunity to make representations before making a final decision. Bidders who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a bid, the Bidder represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Bidder acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.
GI16 (2022-01-28) Code of Conduct for Procurement—bid
The Code of Conduct for Procurement provides that Bidders must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Bidder is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.
2020-05-28SupersededR2410TARCHIVED General Instructions - Construction Services
2019-05-30SupersededR2410TARCHIVED General Instructions - Construction Services
2016-04-04SupersededR2410TARCHIVED General Instructions - Construction Services
2015-07-03SupersededR2410TARCHIVED General Instructions - Construction Services
2015-02-25SupersededR2410TARCHIVED General Instructions - Construction Services
2014-09-25SupersededR2410TARCHIVED General Instructions - Construction Services
2014-06-26SupersededR2410TARCHIVED General Instructions - Construction Services
2014-03-01SupersededR2410TARCHIVED General Instructions - Construction Services
2013-04-25SupersededR2410TARCHIVED General Instructions to Bidders
2013-01-28SupersededR2410TARCHIVED General Instructions to Bidders
2012-11-19SupersededR2410TARCHIVED General Instructions to Bidders
2012-07-16SupersededR2410TARCHIVED General Instructions to Bidders
2011-05-16SupersededR2410TARCHIVED General Instructions to Bidders
2010-08-16SupersededR2410TARCHIVED General Instructions to Bidders
2010-01-11SupersededR2410TARCHIVED General Instructions to Bidders
2008-12-12SupersededR2410TARCHIVED General Instructions to Bidders
2008-05-12SupersededR2410TARCHIVED General Instructions to Bidders
2007-05-25SupersededR2410TARCHIVED General Instructions to Bidders
R2550D
Effective Date
Item Status
ID
Title
2019-11-28ActiveR2550DGeneral Condition (GC) 5 - Terms of Payment - <100K - Construction Services
Remarks – Recommended Use of SACC Item
This clause is generally used for contracts with an estimated value of less than $100,000.
Legal text for SACC item
- GC5.1 Interpretation
- GC5.2 Amount Payable
- GC5.3 Increased Or Decreased Costs
- GC5.4 Progress Payment
- GC5.5 Substantial Performance Of The Work
- GC5.6 Final Completion
- GC5.7 Payment Not Binding On Canada
- GC5.8 Claims And Obligations
- GC5.9 Right Of Setoff
- GC5.10 Assessments And Damages For Late Completion
- GC5.11 Delay In Making Payment
- GC5.12 Interest On Settled Claims
GC5.1 (2007-05-25) Interpretation
In these Terms of Payment
- The "payment period"
- means a period of 30 consecutive days or such other longer period as may be agreed between the Contractor and Canada.
- An amount is "due and payable"
- when it is due and payable by Canada to the Contractor according to GC5.4, "Progress Payment", GC5.5, "Substantial Performance of the Work", or GC5.6, "Final Completion".
- An amount is "overdue"
- when it remains unpaid on the first day following the day upon which it is due and payable.
- The "date of payment"
- means the date of the negotiable instrument of an amount due and payable by the Receiver General for Canada.
- The "Bank Rate"
- means the rate of interest established by the Bank of Canada as the minimum rate at which it makes short term advances to members of the Canadian Payments Association.
- The "Average Bank Rate"
- means the simple arithmetic mean of the Bank Rate in effect at 4:00 p.m. Eastern Standard Time each day during the calendar month which immediately precedes the calendar month in which payment is made.
GC5.2 (2010-01-11) Amount Payable
- Subject to any other provisions of the Contract, Canada shall pay the Contractor, at the times and in the manner hereinafter set out, the amount by which the amounts payable by Canada to the Contractor in accordance with the Contract exceed the amounts payable by the Contractor to Canada, and the Contractor shall accept that amount as payment in full satisfaction for everything furnished and done by the Contractor in respect of the Work to which the payment relates.
- When making any payment to the Contractor, the failure of Canada to deduct an amount payable to Canada by the Contractor shall not constitute a waiver of the right to do so, or an admission of lack of entitlement to do so in any subsequent payment to the Contractor.
- Should any payment be made by Canada in excess of what is owed to the Contractor for the actual work performed, the Contractor will reimburse Canada the excess immediately, with or without demand, and any amounts outstanding shall bear simple interest at the Average Bank rate plus 3 percent per annum from the date of overpayment until the day prior to the date of repayment by the Contractor.
- No payment other than a payment that is expressly stipulated in the Contract shall be made by Canada to the Contractor for any extra expense or any loss or damage incurred or sustained by the Contractor.
GC5.3 (2014-06-26) Increased or Decreased Costs
- The Contract Amount shall not be increased nor decreased by reason of any increase or decrease in the cost of the Work that is brought about by an increase or decrease in the cost of labour, Plant, Material or any wage adjustment.
- Notwithstanding paragraph 1) of GC5.3, if any change, including a new imposition or repeal, of any tax, customs or other duty, charge, or any similar imposition that is imposed under sales, customs or excise tax legislation of the Government of Canada or any Provincial or Territorial legislation, affects the cost of the Work to the Contractor, and occurs
the Contract Amount shall be adjusted in the manner provided in paragraph 3) of GC5.3.
- after the date of submission by the Contractor of its bid; or
- after the date of submission of the last revision, if the Contractor's bid was revised;
- If a change referred to in paragraph 2) of GC5.3 occurs, the Contract Amount shall be increased or decreased by an amount established by an examination by Canada of the relevant records of the Contractor referred to in GC2.8, "Accounts and Audits", to be the increase or decrease in the cost incurred by the Contractor that is directly attributable to that change.
- For the purpose of paragraph 2) of GC5.3, if a tax is changed after the tender closing, but public notice of the change has been given by the Minister of Finance or the corresponding Provincial or Territorial authority before that closing, the change shall be deemed to have occurred before the solicitation closing.
- Notwithstanding paragraphs 2) to 4) of GC5.3, no adjustment to the Contract Amount in respect of the Work or a part thereof shall be made for a change in any imposition referred to in this section that occurs after the date required by the Contract for completion of the Work or that part of the Work.
GC5.4 (2014-06-26) Progress Payment
- Where the duration of the Work is greater than thirty (30) days, the Contractor shall be entitled to receive progress payments.
- On the expiration of a payment period, the Contractor shall deliver to Canada
- a written progress claim in a form acceptable to Canada that fully describes any part of the Work that has been completed, and any Material that was delivered to the Work site but not incorporated into the Work, during that payment period, and
- a completed and signed statutory declaration containing a declaration that, up to the date of the progress claim, the Contractor has complied with all lawful obligations and that, in respect of the Work, all lawful obligations of the Contractor to its Subcontractors and Suppliers, referred to collectively in the declaration as "subcontractors and suppliers", have been fully discharged.
- Within 10 days of receipt of a progress claim and statutory declaration from the Contractor, Canada shall inspect, or cause to have inspected, the part of the Work and the Material described in the progress claim, and shall issue a progress report to the Contractor, that indicates the value of the part of the Work and the Material described in the progress claim that, in the opinion of Canada
- is in accordance with the Contract; and
- was not included in any other progress report relating to the Contract.
- Subject to GC5.2, and paragraph 6) of GC5.4, Canada shall pay the Contractor an amount that is equal to 90 percent of the value that is indicated in Canada's progress report.
- Canada shall pay the amount referred to in paragraph 4) of GC5.4 not later than
whichever is later.
- 30 days after receipt by Canada of both a progress claim and a statutory declaration referred to in paragraph 2) of GC5.4; or
- 15 days after receipt by Canada of the Contractor's progress schedule or updated progress schedule, in accordance with GC3.1, "Progress Schedule",
- In the case of the Contractor's first progress claim, it is a condition precedent to Canada's obligation under paragraph 4 of GC5.4 that the Contractor has provided all necessary documentation required by the Contract for the first progress claim.
- Where the duration of the Work is equal to or less than thirty (30) days, the Contractor shall, following the issuance of a Certificate of Completion in accordance with GC5.6, "Final Completion", receive a single payment as full consideration for the Work performed.
GC5.5 (2014-06-26) Substantial Performance of the Work
- If, at any time before the issuance of a Certificate of Completion, Canada determines that the Work has reached Substantial Performance as described in subparagraph 1) (b) of GC1.1.4, "Substantial Performance", Canada may issue a Certificate of Substantial Performance to the Contractor. The Certificate of Substantial Performance shall state or describe
- the date of Substantial Performance;
- the parts of the Work not completed to the satisfaction of Canada; and
- all things that must be done by the Contractor before a Certificate of Completion is issued and before the 12-month warranty period referred to in GC3.13, "Warranty and Rectification of Defects in Work", commences for the said parts and all the said things.
- The issuance of a Certificate of Substantial Performance does not relieve the Contractor from the Contractor's obligations under GC3.11, "Defective Work".
- Subject to GC5.2, "Amount Payable" and paragraph 4) of GC5.5, Canada shall pay the Contractor the amount referred to in paragraph 1) of GC5.2, "Amount Payable", less the aggregate of
- the sum of all payments that were made pursuant to GC5.4, "Progress Payment";
- an amount that is equal to Canada's estimate of the cost to Canada of rectifying defects described in the Certificate of Substantial Performance; and
- an amount that is equal to Canada's estimate of the cost to Canada of completing the parts of the Work described in the Certificate of Substantial Performance other than defects listed therein.
- Canada shall pay the amount referred to in paragraph 3) of GC5.5 not later than
- 30 days after the date of issue of a Certificate of Substantial Performance, or
- 15 days after the Contractor has delivered to Canada
whichever is later.
- a statutory declaration containing a declaration by the Contractor that up to the date of the Certificate of Substantial Performance, the Contractor has complied with all lawful obligations, discharged all its lawful obligations to its Subcontractors and Suppliers in respect of the work under the Contract, and discharged its lawful obligations referred to in GC1.8, "Laws, Permits and Taxes";
- evidence of compliance with workers' compensation legislation in accordance with GC1.9, "Workers' Compensation"; and
- an update of the progress schedule in accordance with the requirements of GC3.1, "Progress Schedule";
GC5.6 (2008-05-12) Final Completion
- When Canada is of the opinion that the Contractor has complied with the Contract and all orders and directions made pursuant thereto, and that the Work has been completed as described in GC1.1.5, "Completion", Canada shall issue a Certificate of Completion to the Contractor and, if the Work or a portion of the Work is subject to a Unit Price Arrangement, Canada shall issue a Certificate of Measurement that shall, subject to GC8, be binding upon and conclusive between Canada and the Contractor as to the quantities referred to therein.
- Subject to GC5.2, "Amount Payable", and paragraph 3) of GC5.6, Canada shall pay the Contractor the amount referred to in GC5.2, "Amount Payable", less the aggregate of the sum of all payments that were made pursuant to GC5.4, "Progress Payment", and GC5.5, "Substantial Performance of Work".
- Canada shall pay the amount referred to in paragraph 2) of GC5.6 not later than
- 30 days after the date of issue of a Certificate of Completion; or
- 15 days after the Contractor has delivered to Canada
whichever is later.
- a statutory declaration which contains a declaration by the Contractor that all of the Contractor's lawful obligations and any lawful claims against the Contractor that arose out of the performance of the Contract have been discharged and satisfied; and
- evidence of compliance with workers' compensation legislation in accordance with GC1.9, "Workers' Compensation";
GC5.7 (2015-02-25) Payment not Binding on Canada
Neither acceptance of a progress claim or progress report, nor any payment made by Canada under the Contract, nor partial or entire use or occupancy of the Work by Canada shall constitute an acceptance by Canada of any portion of the Work or Material that is not in accordance with the requirements of the Contract.
GC5.8 (2008-05-12) Claims and Obligations
- The Contractor shall discharge all the Contractor's lawful obligations and shall satisfy all lawful claims against the Contractor arising out of the performance of the Work at least as often as the Contract requires Canada to pay the Contractor.
- Whenever requested to do so by Canada, the Contractor shall make a statutory declaration declaring to the existence and condition of any obligations and claims against the Contractor arising out of the performance of the Work.
- In order to discharge lawful obligations of and satisfy lawful claims against the Contractor or its Subcontractors arising out of the performance of the Contract, Canada may pay an amount that is due and payable to the Contractor directly to the claimant. Such payment is, to the extent of the payment, a discharge of Canada's liability to the Contractor under the Contract and may be deducted from any amount payable to the Contractor under the Contract.
- For the purposes of paragraph 3) of GC5.8, and subject to paragraph 6) of GC5.8, a claim or obligation shall be considered lawful when it is so determined by
- a court of legal jurisdiction;
- an arbitrator duly appointed to arbitrate the claim; or
- the written consent of the Contractor authorizing payment of the claim or obligation.
- If a claim or obligation would have been subject to the provisions of Provincial or Territorial lien legislation or, in the Province of Quebec, the law relating to legal hypothecs had the Contractor been performing the Work for an entity other than Canada
- such amount as may be paid by Canada pursuant to paragraphs 3) and 4) of GC5.8 shall not exceed the amount that the Contractor would have been obliged to pay had the provisions of such legislation or law been applicable to the Work;
- a claimant need not comply with the provisions of such legislation, setting out the steps by way of notice, registration or otherwise as might have been necessary to preserve or perfect any claim for lien or privilege which the claimant might have had; and
- for the purposes of determining the entitlement of a claimant, the notice required by paragraph 8) of GC5.8 shall be deemed to replace the registration or provision of notice after the performance of work as required by any applicable legislation and no claim shall be deemed to have expired, become void or unenforceable by reason of the claimant not commencing any action within the time prescribed by such legislation.
- The Contractor shall, at the request of any claimant, submit to binding arbitration those questions that need to be answered to establish the entitlement of the claimant to payment. The arbitration shall have as parties to it any Subcontractor or Supplier to whom the claimant supplied Material, performed work or rented equipment should such Subcontractor or Supplier wish to be adjoined, and Canada shall not be a party to such arbitration. Subject to any agreement between the Contractor and the claimant, the arbitration shall be conducted in accordance with the governing Provincial or Territorial legislation applicable to the site of the Work.
- Paragraph 3) of GC5.8 shall apply only to claims and obligations
- the notification of which has set forth the amount claimed to be owing and the person who by contract is primarily liable and has been received by Canada in writing before final payment is made to the Contractor pursuant to GC5.6, "Final Completion", and within 120 days of the date on which the claimant
- should have been paid in full under the claimant's contract with the Contractor, its Subcontractor or Supplier if the claim is for money that was lawfully required to be held back from the claimant; or
- performed the last of the services, work or labour, or furnished the last of the Material pursuant to the claimant's contract with the Contractor or its Subcontractor or Supplier where the claim is for money not lawfully required to be held back from the claimant; and
- the proceedings to determine the right to payment of which, pursuant to paragraph 5 of GC5.8, shall have commenced within one year from the date that the notification required by subparagraph 7)(a) of GC5.8 was received by Canada.
- Upon receipt of a notice of claim, Canada may withhold, from any amount that is due and payable to the Contractor pursuant to the Contract, the full amount of the claim or any portion thereof.
- Canada shall notify the Contractor in writing in a timely manner of receipt of any claim and of the intention of Canada to withhold funds. At any time thereafter and until payment is made to the claimant, the Contractor may be entitled to post, with Canada, security in a form acceptable to Canada in an amount equal to the value of the claim, and upon receipt of such security Canada shall release to the Contractor any funds that would be otherwise payable to the Contractor, that were withheld pursuant to the provisions of this clause in respect of the claim of any claimant for whom the security stands.
GC5.9 (2008-05-12) Right of Setoff
- Without limiting any right of setoff or deduction given or implied by law or elsewhere in the Contract, Canada may set off any amount payable to Canada by the Contractor under the Contract, or under any current contract, against any amount payable to the Contractor under the Contract.
- For the purposes of paragraph 1) of GC5.9, "current contract" means a contract between Canada and the Contractor
- under which the Contractor has an undischarged obligation to perform or supply work, labour or material; or
- in respect of which Canada has, since the date of the Contract, exercised any right to take the work that is the subject of that contract out of the Contractor's hands.
GC5.10 (2007-05-25) Assessments and Damages for Late Completion
- For the purposes of this clause
- the Work shall be deemed to be completed on the date of the Certificate of Completion; and
- the "period of delay" means the number of days commencing on the day fixed for completion of the Work and ending on the day immediately preceding the day on which the Work is completed but does not include any day within a period of extension granted pursuant to GC6.5, "Delays and Extension of Time", and any other day on which, in the opinion of Canada, completion of the Work was delayed for reasons beyond the control of the Contractor.
- If the Contractor does not complete the Work by the day fixed for its completion but completes it thereafter, the Contractor shall pay Canada an amount equal to the aggregate of
- all salaries, wages and travelling expenses incurred by Canada in respect of persons overseeing the performance of the Work during the period of delay;
- the cost incurred by Canada as a result of the inability to use the completed Work for the period of delay; and
- all other expenses and damages incurred or sustained by Canada during the period of delay as a result of the Work not being completed by the day fixed for its completion.
- Canada may waive the right of Canada to the whole or any part of the amount payable by the Contractor pursuant to paragraph 2) of GC5.10 if, in the opinion of Canada, it is in the public interest to do so.
GC5.11 (2008-05-12) Delay in Making Payment
- Notwithstanding GC1.5, "Time of the Essence", any delay by Canada in making any payment when it is due pursuant to GC5, "Terms of Payment", shall not be a breach of the Contract by Canada.
- Subject to paragraph 3) of GC5.11, Canada shall pay to the Contractor simple interest at the Average Bank Rate plus 3 percent per annum on any amount that is overdue pursuant to paragraph 3) of GC5.1, "Interpretation", and the interest shall apply from and include the day such amount became overdue until the day prior to the date of payment.
- Interest shall be paid without demand by the Contractor except that
- in respect of amounts that are less than 15 days overdue, no interest shall be paid in respect of payment made within such 15 days unless the Contractor so demands after such amounts have become due and payable; and
- interest shall not be payable or paid on overdue advance payments, if any.
GC5.12 (2008-05-12) Interest on Settled Claims
- For the purposes of this clause, a claim means a disputed amount subject to negotiation between Canada and the Contractor under the Contract.
- A claim is deemed to have been settled when an agreement in writing is signed by Canada and the Contractor setting out the amount of the claim to be paid by Canada and the items of work for which the said amount is to be paid.
- A settled claim is deemed to be outstanding from the day immediately following the date the said claim would have been due and payable under the Contract had it not been disputed.
- Canada shall pay to the Contractor simple interest on the amount of a settled claim at the Average Bank Rate plus 3 percent per annum from the date the settled claim was deemed to be outstanding until the day prior to the date of payment.
2016-01-28SupersededR2550DARCHIVED General Condition (GC) 5 - Terms of Payment - <100K - Construction Services
2015-02-25SupersededR2550DARCHIVED General Condition (GC) 5 - Terms of Payment
2014-06-26SupersededR2550DARCHIVED General Condition (GC) 5 - Terms of Payment
2010-01-11SupersededR2550DARCHIVED General Condition (GC) 5 - Terms of Payment
2008-05-12SupersededR2550DARCHIVED GC5 - Terms of Payment
2007-05-25SupersededR2550DARCHIVED GC5 - Terms of Payment
R2590D
Effective Date
Item Status
ID
Title
2013-10-30CancelledR2590DARCHIVED General Condition (GC) 9 - Insurance
Remarks – Recommended Use of SACC Item
SACC Manual clause R2590D is cancelled since the Insurance Terms for contractors are now incorporated in the Invitation to Tender document.
Legal text for SACC item
See revision history.
2011-05-16CancelledR2590DARCHIVED General Condition (GC) 9 - Insurance
2010-08-16SupersededR2590DARCHIVED GC9 - Insurance
2007-05-25SupersededR2590DARCHIVED GC9 - Insurance
R2710T
Effective Date
Item Status
ID
Title
2022-12-01ActiveR2710TGeneral Instructions - Construction Services - Bid Security Requirements
Remarks – Recommended Use of SACC Item
This clause is used for solicitations with an estimated value of $100,000 or more.
Legal text for SACC item
- GI01 Integrity provisions—bid
- GI02 Completion of bid
- GI03 Identity or legal capacity of the Bidder
- GI04 Applicable Taxes
- GI05 Capital development and redevelopment charges
- GI06 Registry and pre-qualification of floating plant
- GI07 Listing of Subcontractors and Suppliers
- GI08 Bid security requirements
- GI09 Submission of bid
- GI10 Revision of bid
- GI11 Rejection of bid
- GI12 Bid costs
- GI13 Procurement Business Number
- GI14 Compliance with applicable laws
- GI15 Approval of alternative materials
- GI16 Performance evaluation
- GI17 Conflict of interest—unfair advantage
- GI18 Code of Conduct for Procurement—bid
GI01 (2016-04-04) Integrity provisions—bid
- The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Bidder must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
- Under the Policy, charges and convictions of certain offences against a Bidder, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Bidder is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
- In addition to all other information required in the bid solicitation, the Bidder must provide the following:
- by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
- with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
- Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Bidder certifies that:
- it has read and understands the Ineligibility and Suspension Policy;
- it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
- it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
- it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
- none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
- it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
- Where a Bidder is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
- Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Bidder provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Bidder to be ineligible for award of a contract for providing a false or misleading certification or declaration.
GI02 (2014-03-01) Completion of bid
- The bid shall be
- submitted on the Bid and Acceptance Form provided through the Government Electronic Tendering Service (GETS) or on a clear and legible reproduced copy of such Bid and Acceptance Form that must be identical in content and format to the Bid and Acceptance Form provided through GETS;
- based on the Bid Documents listed in the Special Instructions to Bidders;
- correctly completed in all respects;
- signed by a duly authorized representative of the Bidder; and
- accompanied by
- bid security as specified in GI08; and
- any other document or documents specified elsewhere in the solicitation where it is stipulated that said documents are to accompany the bid.
- Subject to paragraph 6) of GI11, any alteration to the pre-printed or pre-typed sections of the Bid and Acceptance Form, or any condition or qualification placed upon the bid may be cause for disqualification. Alterations, corrections, changes or erasures made to statements or figures entered on the Bid and Acceptance Form by the Bidder shall be initialed by the person or persons signing the bid. Alterations, corrections, changes or erasures that are not initialed shall be deemed void and without effect.
- Unless otherwise noted elsewhere in the Bid Documents, facsimile copies of bids are not acceptable.
- Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Bidder to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Bidder's part nor for notification services offered by a third party.
GI03 (2015-02-25) Identity or legal capacity of the Bidder
In order to confirm the authority of the person or persons signing the bid or to establish the legal capacity under which the Bidder proposes to enter into Contract, any Bidder who carries on business in other than its own personal name shall, if requested by Canada, provide satisfactory proof of
- such signing authority; and
- the legal capacity under which it carries on business;
prior to contract award. Proof of signing authority may be in the form of a certified copy of a resolution naming the signatory(ies) that is (are) authorized to sign this bid on behalf of the corporation or partnership. Proof of legal capacity may be in the form of a copy of the articles of incorporation or the registration of the business name of a sole proprietor or partnership.
GI04 (2015-02-25) Applicable Taxes
“Applicable Taxes” means the Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013.
GI05 (2017-04-27) Capital development and redevelopment charges
For the purposes of GC1.8, of R2810D "Laws, Permits and Taxes", in the General Conditions of the Contract, only fees or charges directly related to the processing and issuing of building permits shall be included. The Bidder shall not include any monies in the bid amount for special municipal development, redevelopment or other fees or charges which a municipal authority may seek as a prerequisite to the issuance of building permits.
GI06 (2021-04-01) Registry and pre-qualification of floating plant
Dredges or other floating plant to be used in the performance of the Work must be on:
- Canadian registry; or
- European Union member state or United Kingdom registry and have been granted a temporary license under the Coasting Trade Act.
For dredges or other floating plant that are not of Canadian, European Union member state, or United Kingdom make or manufacture, the Bidder must obtain a certificate of qualification from Industry Canada as described in the Floating Plant Appendix of the Bid and Acceptance Form, and this certificate must accompany the bid. Plant so qualified by Industry Canada may be accepted on this project.
GI07 (2015-02-25) Listing of Subcontractors and Suppliers
Notwithstanding any list of Subcontractors that the Bidder may be required to submit as part of the bid, the Bidder shall, within 48 hours of receipt of a notice to do so, submit all information requested in the said notice including the names of Subcontractors and Suppliers for the part or parts of the Work listed. Failure to do so shall result in the disqualification of its bid.
GI08 (2022-12-01) Bid security requirements
- The Bidder shall submit bid security with the bid in the form of a bid bond or a security deposit in an amount that is equal to not less than 10 percent of the bid amount. Applicable Taxes shall not be included when calculating the amount of any bid security that may be required. The maximum amount of bid security required with any bid is $2,000,000.
- A bid bond (form PWGSC-TPSGC 504) shall be in an approved form, properly completed, with original signatures and sealed by the approved bonding company whose bonds are acceptable to Canada either at the time of solicitation closing or as identified in Treasury Board Appendix L, Acceptable Bonding Companies.
- A security deposit shall be an original, properly completed, signed where required and be either
- a bill of exchange, bank draft or money order made payable to the Receiver General for Canada and certified by an approved financial institution or drawn by an approved financial institution on itself; or
- bonds of, or unconditionally guaranteed as to principal and interest by, the Government of Canada.
- For the purposes of subparagraph 3. a. of GI08
- a bill of exchange is an unconditional order in writing signed by the Bidder and addressed to an approved financial institution, requiring the said institution to pay, on demand, at a fixed or determinable future time a sum certain of money to, or to the order of, the Receiver General for Canada;
- if a bill of exchange, bank draft or money order is certified by or drawn on an institution or corporation other than a chartered bank, it must be accompanied by proof that the said institution or corporation meets at least one of the criteria described in subparagraph 4.c. of GI08, either by letter or by a stamped certification on the bill of exchange, bank draft or money; and
- An approved financial institution is
- a corporation or institution that is a member of the Canadian Payments Association (Payments Canada) as defined in the Canadian Payments Act;
- a corporation that accepts deposits that are insured, to the maximum permitted by law, by the Canada Deposit Insurance Corporation or the "Autorité des marchés financiers";
- a corporation that accepts deposits from the public if repayment of the deposit is guaranteed by His Majesty the King in right of a province;
- a corporation, association or federation incorporated or organized as a credit union or co-operative credit society that conforms to the requirements of a credit union which are more particularly described in paragraph 137(6) of the Income Tax Act; or
- Canada Post Corporation.
- Bonds referred to in subparagraph 3. b. of GI08 shall be provided on the basis of their market value current at the date of solicitation closing, and shall be
- payable to bearer;
- accompanied by a duly executed instrument of transfer of the bonds to the Receiver General for Canada in the form prescribed by the Domestic Bonds of Canada Regulations; or
- registered as to principal or as to principal and interest in the name of the Receiver General for Canada pursuant to the Domestic Bonds of Canada Regulations.
- As an alternative to a security deposit an irrevocable standby letter of credit is acceptable to Canada and the amount shall be determined in the same manner as a security deposit referred to above.
- An irrevocable standby letter of credit referred to in paragraph 6) of GI08 shall
- be an arrangement, however named or described, whereby a financial institution (the "Issuer") acting at the request and on the instructions of a customer (the "Applicant") or on its own behalf,
- is to make a payment to, or to the order of, the Receiver General for Canada as the beneficiary;
- is to accept and pay bills of exchange drawn by the Receiver General for Canada;
- authorizes another financial institution to effect such payment or accept and pay such bills of exchange; or
- authorizes another financial institution to negotiate against written demand(s) for payment provided that the terms and conditions of the letter of credit are complied with;
- state the face amount which may be drawn against it;
- state its expiry date;
- provide for sight payment to the Receiver General for Canada by way of the financial institution's draft against presentation of a written demand for payment signed by the Departmental Representative identified in the letter of credit by his/her office;
- provide that more than one written demand for payment may be presented subject to the sum of those demands not exceeding the face value of the letter of credit;
- provide that it is subject to the International Chamber of Commerce (ICC) Uniform Customs and Practice (UCP) for Documentary Credits, 2007 Revision, ICC Publication No. 600, Pursuant to the ICCUCP, a credit is irrevocable even if there is no indication to that effect; and
- be issued or confirmed, in either official language, by a financial institution which is a member of the Canadian Payments Association (Payments Canada) and is on the letterhead of the Issuer or Confirmer. The format is left to the discretion of the Issuer or Confirmer.
- Bid security shall lapse or be returned as soon as practical following
- the solicitation closing date, for those Bidders submitting non-compliant bids; and
- the administrative bid review, for those Bidders submitting compliant bids ranked fourth to last on the schedule of bids; and
- the award of contract, for those Bidders submitting the second and third ranked bids; and
- the receipt of contract security, for the successful Bidder; or
- the cancellation of the solicitation, for all Bidders.
- Notwithstanding the provisions of paragraph 8 of GI08 and provided more than three compliant bids have been received, if one or more of the bids ranked third to first is withdrawn or rejected for whatever reason then Canada reserves the right to hold the security of the next highest ranked compliant bid in order to retain the bid security of at least three valid and compliant bids.
GI09 (2014-03-01) Submission of bid
- The Bid and Acceptance Form, duly completed, and the bid security shall be enclosed and sealed in an envelope provided by the Bidder, and shall be addressed and submitted to the office designated on the Front Page "Invitation to Tender" for the receipt of bids. The bid must be received on or before the date and time set for solicitation closing.
- Unless otherwise specified in the Special Instructions to Bidders
- the bid shall be in Canadian currency;
- the requirement does not offer exchange rate fluctuation risk mitigation. Requests for exchange rate fluctuation risk mitigation will not be considered. All bids including such provision will render the bid non-responsive.
- Prior to submitting the bid, the Bidder shall ensure that the following information is clearly printed or typed on the face of the bid envelope:
- Solicitation Number;
- Name of Bidder;
- Return address; and
- Closing Date and Time.
- Timely and correct delivery of bids is the sole responsibility of the Bidder.
GI10 (2010-01-11) Revision of bid
- A bid submitted in accordance with these instructions may be revised by letter or facsimile provided the revision is received at the office designated for the receipt of bids, on or before the date and time set for the closing of the solicitation. The letter or facsimile shall be on the Bidder's letterhead or bear a signature that identifies the Bidder.
- A revision to a bid that includes unit prices must clearly identify the change(s) in the unit price(s) and the specific item(s) to which each change applies.
- A letter or facsimile submitted to confirm an earlier revision should be clearly identified as a confirmation.
- Failure to comply with any of the above provisions may result in the rejection of the non-compliant revision(s) only. The bid shall be evaluated based on the original bid submitted and all other compliant revision(s).
GI11 (2014-09-25) Rejection of bid
- Canada may accept any bid, whether it is the lowest or not, or may reject any or all bids.
- Without limiting the generality of paragraph 1) of GI11, Canada may reject a bid if any of the following circumstances is present:
- the Bidder's bidding privileges are suspended or are in the process of being suspended;
- the bidding privileges of any employee or subcontractor included as part of the bid are suspended or are in the process of being suspended, which suspension or pending suspension would render that employee or subcontractor ineligible to bid on the Work, or the portion of the Work the employee or subcontractor is to perform;
- the Bidder is bankrupt, or where for whatever reason, its activities are rendered inoperable for an extended period;
- evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of its bid;
- evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a sub-contractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
- with respect to current or prior transactions with Canada
- Canada has exercised, or intends to exercise, the contractual remedy of taking the work out of the contractor's hands with respect to a contract with the Bidder, any of its employees or any subcontractor included as part of its bid; or
- Canada determines that the Bidder's performance on other contracts is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
- In assessing the Bidder's performance on other contracts pursuant to subparagraph 2)(f)(ii) of GI11, Canada may consider, but not be limited to, such matters as:
- the quality of workmanship in performing the Work;
- the timeliness of completion of the Work;
- the overall management of the Work and its effect on the level of effort demanded of the department and its representative; and
- the completeness and effectiveness of the Contractor's safety program during the performance of the Work.
- Without limiting the generality of paragraphs 1), 2) and 3) of GI11, Canada may reject any bid based on an unfavourable assessment of the
- adequacy of the bid price to permit the work to be carried out and, in the case of a bid providing prices per unit, whether each such price reasonably reflects the cost of performing the part of the work to which that price applies;
- Bidder's ability to provide the necessary management structure, skilled personnel, experience and equipment to perform competently the work under the Contract; and
- Bidder's performance on other contracts.
- Where Canada intends to reject a bid pursuant to a provision of paragraphs 1), 2), 3) or 4) of GI11, other than subparagraph 2)(a) of GI11, the contracting Authority will inform the Bidder and provide the Bidder ten (10) days within which to make representations, before making a final decision on the bid rejection.
- Canada may waive informalities and minor irregularities in bids received if Canada determines that the variation of the bid from the exact requirements set out in the Bid Documents can be corrected or waived without being prejudicial to other Bidders.
GI12 (2015-02-25) Bid costs
No payment will be made for costs incurred in the preparation and submission of a bid in response to the bid solicitation. Costs associated with preparing and submitting a bid, as well as any costs incurred by the Bidder associated with the evaluation of the bid, are the sole responsibility of the Bidder.
GI13 (2020-05-28) Procurement Business Number
Suppliers are required to have a Procurement Business Number (PBN) before contract award. Suppliers may register for a PBN online at Supplier Registration Information.
GI14 (2013-04-25) Compliance with applicable laws
- By submission of a bid, the Bidder certifies that the Bidder has the legal capacity to enter into a contract and is in possession of all valid licences, permits, registrations, certificates, declarations, filings, or other authorizations necessary to comply with all federal, provincial and municipal laws and regulations applicable to the submission of the bid and entry into any ensuing contract for the performance of the work.
- For the purpose of validating the certification in paragraph 1) of GI14, a Bidder shall, if requested, provide a copy of every valid licence, permit, registration, certificate, declaration, filing or other authorization listed in the request, and shall provide such documentation within the time limit(s) set out in the request.
- Failure to comply with the requirements of paragraph 2) of GI14 shall result in disqualification of the bid.
GI15 (2015-02-25) Approval of alternative materials
When materials are specified by trade names or trademarks, or by manufacturers' or suppliers' names, the bid shall be based on use of the named materials. During the solicitation period, alternative materials may be considered provided full technical data is received in writing by the Contracting Officer at least ten (10) calendar days prior to the solicitation closing date. If the alternative materials are approved for the purposes of the bid, an addendum to the bid documents shall be issued.
GI16 (2010-01-11) Performance evaluation
- Bidders shall take note that the performance of the Contractor during and upon completion of the work shall be evaluated by Canada. The evaluation shall be based on the quality of workmanship; timeliness of completion of the work; project management, contract management and management of health and safety. Should the Contractor's performance be considered unsatisfactory, the Contractor's bidding privileges on future work may be suspended indefinitely.
- The form PWGSC-TPSGC 2913, SELECT - Contractor Performance Evaluation Report Form, is used to record the performance.
GI17 (2011-05-16) Conflict of interest—unfair advantage
- In order to protect the integrity of the procurement process, bidders are advised that Canada may reject a bid in the following circumstances:
- if the Bidder, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
- if the Bidder, any of its subcontractors, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other bidders and that would, in Canada's opinion, give or appear to give the Bidder an unfair advantage.
- The experience acquired by a bidder who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This bidder remains however subject to the criteria established above.
- Where Canada intends to reject a bid under this section, the Contracting Authority will inform the Bidder and provide the Bidder an opportunity to make representations before making a final decision. Bidders who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a bid, the Bidder represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Bidder acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.
GI18 (2022-01-28) Code of Conduct for Procurement—bid
The Code of Conduct for Procurement provides that Bidders must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Bidder is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.
2022-01-28SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2021-04-01SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2020-05-28SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2019-05-30SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2018-06-21SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2017-09-21SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2017-04-27SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2016-04-04SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2015-07-03SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2015-02-25SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2014-09-25SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2014-06-26SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2014-03-01SupersededR2710TARCHIVED General Instructions - Construction Services - Bid Security Requirements
2013-06-27SupersededR2710TARCHIVED General Instructions to Bidders
2013-04-25SupersededR2710TARCHIVED General Instructions to Bidders
2013-01-28SupersededR2710TARCHIVED General Instructions to Bidders
2012-11-19SupersededR2710TARCHIVED General Instructions to Bidders
2012-07-16SupersededR2710TARCHIVED General Instructions to Bidders
2011-05-16SupersededR2710TARCHIVED General Instructions to Bidders
2010-08-16SupersededR2710TARCHIVED General Instructions to Bidders
2010-01-11SupersededR2710TARCHIVED General Instructions to Bidders
2008-12-12SupersededR2710TARCHIVED General Instructions to Bidders
2008-05-12SupersededR2710TARCHIVED General Instructions to Bidders
2007-05-25SupersededR2710TARCHIVED General Instructions to Bidders
R2810D
Effective Date
Item Status
ID
Title
2022-12-01ActiveR2810DGeneral condition (GC) 1: General provisions – Construction services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- GC1.1 Interpretation
- GC1.2 Contract documents
- GC1.3 Status of the Contractor
- GC1.4 Rights and remedies
- GC1.5 Time of the essence
- GC1.6 Indemnification by the Contractor
- GC1.7 Indemnification by Canada
- GC1.8 Laws, permits and taxes
- GC1.9 Workers' compensation
- GC1.10 National security
- GC1.11 Unsuitable workers
- GC1.12 Public ceremonies and signs
- GC1.13 Conflict of interest
- GC1.14 Agreements and amendments
- GC1.15 Succession
- GC1.16 Assignment
- GC1.17 No bribe
- GC1.18 Certification—contingency fees
- GC1.19 International sanctions
- GC1.20 Integrity provisions: Contract
- GC1.21 Code of Conduct for Procurement: Contract
- GC1.22 Performance evaluation: Contract
GC1.1 (2022-12-01) Interpretation
The following is an interpretation of heading and references.
GC1.1.1 Headings and references
- The headings in the contract documents, other than those in the drawings and specifications, form no part of the Contract but are inserted for convenience of reference only.
- A reference made to a part of the Contract by means of numbers preceded by letters is a reference to the particular part of the Contract that is identified by that combination of letters and numbers and to any other part of the Contract referred to therein.
- A reference to a paragraph or subparagraph followed by an identifying number, letter or combination thereof is, unless specifically stated otherwise, a reference to the paragraph or subparagraph that forms part of the clause within which the reference is made.
GC1.1.2 Terminology
In the Contract, unless the context otherwise requires:
- "Applicable Taxes"
- means the Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013;
- "Architectural and Engineering Services"
- means services to provide a range of investigation and recommendation reports, planning, design, preparation, or supervision of the construction, repair, renovation or restoration of a work and includes contract administration services, for real property projects;
- "Canada", "Crown", "His Majesty"
- means His Majesty the King in right of Canada;
- "Construction Services"
- means construction, repair, renovation or restoration of any work except a vessel and includes; the supply and erection of a prefabricated structure; dredging; demolition; environmental services related to a real property; or, the hire of equipment to be used in or incidentally to the execution of any construction services referred to above;
- "Contract"
- means the contract documents referred to as such therein and every other document specified or referred to in any of them as forming part of the Contract, all as amended by agreement of the parties;
- "Contract Amount"
- means the amount set out in the Contract to be payable to the Contractor for the Work, subject to the terms and conditions of the Contract, exclusive of Applicable Taxes;
- "Contract Security"
- means any security given by the Contractor to Canada in accordance with the Contract;
- "Contractor"
- means the person contracting with Canada to provide or furnish all labour, Material and Plant for the execution of the Work under the Contract, and includes the Contractor's superintendent as designated in writing to Canada.
- "Certificate of Completion"
- means a certificate issued by Canada when the Work reaches Completion;
- "Certificate of Measurement"
- means a certificate issued by Canada certifying the correctness of the final quantities, prices per unit and values of labour, Plant and Material performed, used and supplied by the Contractor for the construction of the part of the Work to which a Unit Price Arrangement applies;
- "Certificate of Substantial Performance"
- means a certificate issued by Canada when the Work reaches Substantial Performance;
- "Departmental Representative"
- means the person designated in the Contract, or by written notice to the Contractor, to act as the Departmental Representative for the purposes of the Contract, and includes a person, designated and authorized in writing by the Departmental Representative to the Contractor;
- "Facility Maintenance Services"
- means services related to activities normally associated with the maintenance of a facility and keeping spaces, structures and infrastructure in proper operating condition in a routine, scheduled, or anticipated fashion to prevent failure and/or degradation including inspection, testing, servicing, classification as to serviceability, repairs, rebuilding and reclamation, as well as cleaning, waste removal, snow removal, lawn care, replacement of flooring, lighting or plumbing fixtures, painting and other minor works;
- "herein", "hereby", "hereof", "hereunder"
- and similar expressions refer to the Contract as a whole and not to any particular section or part thereof;
- "Lump Sum Arrangement"
- means that part of the Contract that prescribes a lump sum as payment for performance of the Work to which it relates;
- "Material"
- includes all commodities, articles, machinery, equipment, fixtures and things required to be furnished in accordance with the Contract for incorporation into the Work;
- "person"
- also includes, unless there is an express stipulation in the Contract to the contrary, any partnership, proprietorship, firm, joint venture, consortium or corporation;
- "Plant"
- includes all tools, implements, machinery, vehicles, structures, equipment, articles and things that are necessary for the performance of the Contract, other than Material and those tools customarily provided by a tradesperson in practicing a trade;
- "Subcontractor"
- means a person having a direct contract with the Contractor, subject to GC3.6 "Subcontracting", to perform a part or parts of the Work, or to supply Material customized for the Work;
- "Superintendent"
- means the employee or representative of the Contractor designated by the Contractor to act pursuant to GC2.6, "Superintendent";
- "Supplementary Conditions"
- means the part of the Contract that amends or supplements the General Conditions;
- "Supplier"
- means a person having a direct contract with the Contractor to supply Plant or Material not customized for the Work;
- “Total Estimated Cost”, “Revised Estimated Cost”, “Increase (Decrease)”
- on Page 1 of the Contract or Contract Amendment means an amount used for internal administrative purposes only that comprises the Contract Amount, or the revised Contract Amount, or the amount that would increase or decrease the Contract Amount and the Applicable Taxes as evaluated by the Contracting Authority, and does not constitute tax advice on the part of Canada;
- "Unit Price Arrangement"
- means that part of the Contract that prescribes the product of a price per unit of measurement multiplied by a number of units of measurement for performance of the Work to which it relates;
- "Unit Price Table"
- means the table of prices per unit set out in the Contract;
- "Work"
- means, subject only to any express stipulation in the Contract to the contrary, everything that is necessary to be done, furnished or delivered by the Contractor to perform the Contract in accordance with the contract documents; and
- "Working Day"
- means a day other than a Saturday, Sunday, or a statutory holiday that is observed by the construction industry in the area of the place of the Work.
GC1.1.3 Application of certain provisions
- Any provisions of the Contract that are expressly stipulated to be applicable only to a Unit Price Arrangement are not applicable to any part of the Work to which a Lump Sum Arrangement applies.
- Any provisions of the Contract that are expressly stipulated to be applicable only to a Lump Sum Arrangement are not applicable to any part of the Work to which a Unit Price Arrangement applies.
GC1.1.4 Substantial performance
- The Work shall be considered to have reached Substantial Performance when
- the Work or a substantial part thereof has passed inspection and testing and is, in the opinion of Canada, ready for use by Canada or is being used for the intended purposes; and
- the Work is, in the opinion of Canada, capable of completion or correction at a cost of not more than
- 3 percent of the first $500,000;
- 2 percent of the next $500,000; and
- 1 percent of the balance
of the Contract Amount at the time this cost is calculated.
- Where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and
the cost of that part of the Work that was either beyond the control of the Contractor to complete or Canada and the Contractor have agreed not to complete by the time specified, shall be deducted from the value of the Contract referred to in subparagraph 1)(b) of GC1.1.4 and the said cost shall not form part of the cost of the Work remaining to be done in determining Substantial Performance.
- the remainder of the Work or a part thereof cannot be completed by the time specified in the Contract, or as amended in accordance with GC6.5, "Delays and Extension of Time", for reasons beyond the control of the Contractor; or
- Canada and the Contractor agree not to complete a part of the Work within the specified time;
GC1.1.5 Completion
The Work shall be deemed to have reached Completion when all labour, Plant and Material required have been performed, used or supplied, and the Contractor has complied with the Contract and all orders and directions made pursuant thereto, all to the satisfaction of Canada.
GC1.2 (2015-03-25) Contract documents
The following discusses contract documents
GC1.2.1 General
- The contract documents are complementary, and what is required by any one shall be as binding as if required by all.
- References in the contract documents to the singular shall be considered to include the plural as the context requires.
- Nothing contained in the contract documents shall create a contractual relationship between Canada and any Subcontractor or Supplier, their subcontractors or suppliers, or their agents or employees.
GC1.2.2 Order of precedence
- In the event of any discrepancy or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order:
later dates shall govern within each of the above categories of documents.
- any amendment or variation of the contract documents that is made in accordance with the General Conditions;
- any amendment issued prior to tender closing;
- Supplementary Conditions;
- General Conditions;
- the duly completed Bid and Acceptance Form when accepted;
- drawings and specifications.
- In the event of any discrepancy or conflict in the information contained in the drawings and specifications, the following rules shall apply:
- specifications shall govern over drawings;
- dimensions shown in figures on a drawings shall govern where they differ from dimensions scaled from the same drawings; and
- drawings of larger scale govern over those of smaller scale.
GC1.2.3 Security and protection of documents and Work
- The Contractor shall guard and protect contract documents, drawings, information, models and copies thereof, whether supplied by Canada or the Contractor, against loss or damage from any cause.
- The Contractor shall keep confidential all information provided to the Contractor by or on behalf of Canada in connection with the Work, and all information developed by the Contractor as part of the Work, and shall not disclose any such information to any person without the written permission of Canada, except that the Contractor may disclose to a subcontractor, authorized in accordance with the Contract, information necessary to the performance of a subcontract. This section does not apply to any information that
- is publicly available from a source other than the Contractor; or
- is or becomes known to the Contractor from a source other than Canada, except any source that is known to the Contractor to be under an obligation to Canada not to disclose the information.
- When the Contract, the Work, or any information referred to in paragraph 2) is identified as top secret, secret, confidential, or protected by Canada, the Contractor shall, at all times, take all measures reasonably necessary for the safeguarding of the material so identified, including such measures as may be further specified elsewhere in the Contract or provided, in writing, from time to time by Canada.
- Without limiting the generality of paragraphs 2) and 3) of GC1.2.3, when the Contract, the Work, or any information referred to in paragraph 2) is identified as top secret, secret, confidential, or protected by Canada, Canada shall be entitled to inspect the Contractor's premises and the premises of its subcontractors or suppliers and any other person at any tier, for security purposes at any time during the term of the Contract, and the Contractor shall comply with, and ensure that any such subcontractors or suppliers comply with all written instructions issued by Canada dealing with the material so identified, including any requirement that employees of the Contractor and its subcontractors and suppliers and any other person at any tier execute and deliver declarations relating to reliability screenings, security clearances and other procedures.
- The Contractor shall safeguard the Work and the Contract, the specifications, drawings and any other information provided by Canada to the Contractor, and shall be liable to Canada for any loss or damage from any causes.
GC1.3 (2008-05-12) Status of the Contractor
- The Contractor is engaged under the Contract as an independent contractor.
- The Contractor, its subcontractors and suppliers and any other person at any tier and their employees are not engaged by the Contract as employees, servants or agents of Canada.
- For the purposes of the contract the Contractor shall be solely responsible for any and all payments and deductions required to be made by law including those required for Canada or Quebec Pension Plans, Employment Insurance, Worker's Compensation, provincial health or insurance plans, and Income Tax.
GC1.4 (2015-02-25) Rights and remedies
Except as expressly provided in the Contract, the duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.
GC1.5 (2015-02-25) Time of the essence
Time is of the essence of the Contract.
GC1.6 (2008-05-12) Indemnification by the Contractor
- The Contractor shall pay all royalties and patent fees required for the performance of the Contract and, at the Contractor's expense, shall defend all claims, actions or proceedings against Canada charging or claiming that the Work or any part thereof provided or furnished by the Contractor to Canada infringes any patent, industrial design, copyright trademark, trade secret or other proprietary right enforceable in Canada.
- The Contractor shall indemnify and save Canada harmless from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings by any third party, brought or prosecuted and in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Contractor, its subcontractors and suppliers and any other person at any tier, in performing the Work.
- For the purposes of paragraph 2) of GC1.6, "activities" means any act improperly carried out, any omission to carry out an act and any delay in carrying out an act.
GC1.7 (2015-02-25) Indemnification by Canada
Subject to the Crown Liability and Proceedings Act, the Patent Act, and any other law that affects Canada's rights, powers, privileges or obligations, Canada shall indemnify and save the Contractor harmless from and against all claims, demands, losses, costs, damage, actions, suits or proceedings arising out of the Contractor's activities under the Contract that are directly attributable to
- a lack of or a defect in Canada's title to the Work site if owned by Canada, whether real or alleged; or
- an infringement or an alleged infringement by the Contractor of any patent of invention or any other kind of intellectual property occurring while the Contractor was performing any act for the purposes of the Contract employing a model, plan or design or any other thing related to the Work that was supplied by Canada to the Contractor.
GC1.8 (2014-06-26) Laws, permits and taxes
- The Contractor shall comply with all federal, provincial and municipal laws and regulations applicable to the performance of the Work or any part thereof including, without limitation, all laws concerning health and the protection of the environment, and shall require compliance therewith by all of its subcontractors and suppliers at any tier as if the Work were being performed for an owner other than Canada. The Contractor shall furnish evidence of compliance with such laws and regulations to Canada at such times as Canada may reasonably request.
- Unless stipulated otherwise in the Contract, the Contractor shall obtain and maintain all permits, certificates, licences, registrations and authorizations required for the lawful performance of the Work.
- Prior to the commencement of the Work at the site, the Contractor shall tender to a municipal authority an amount equal to all fees and charges that would be lawfully payable to that municipal authority in respect of building permits as if the Work were being performed for an owner other than Canada.
- Within 10 days of making a tender pursuant to paragraph 3) of GC1.8, the Contractor shall notify Canada of the amount properly tendered and whether or not the municipal authority has accepted that amount.
- If the municipal authority has not accepted the amount tendered, the Contractor shall pay that amount to Canada within 6 days after the time stipulated in paragraph 4) of GC1.8.
- For the purposes of this clause, "municipal authority" means any authority that would have jurisdiction respecting permission to perform the Work if the owner were not Canada.
- Notwithstanding the residency of the Contractor, the Contractor shall pay any applicable tax arising from or related to the performance of the Work under the Contract.
- In accordance with the Statutory Declaration referred to in paragraph 4) of GC5.5, "Substantial Performance of the Work", a Contractor who has neither residence nor place of business in the province or territory in which work under the Contract is being performed shall provide Canada with proof of registration with the provincial sales tax authorities in the said province.
- For the purpose of the payment of any Applicable Taxes or the furnishing of security for the payment of any Applicable Taxes arising from or related to the performance of the Work, and notwithstanding the provision that all Material, Plant and interest of the Contractor in all real property, licences, powers and privileges, become the property of Canada after the time of purchase in accordance with GC3.10, "Material Plant and Real Property Become Property of Canada", the Contractor shall be liable, as a user or consumer, for the payment or for the furnishing of security for the payment of any Applicable Taxes payable, at the time of the use or consumption of that Material, Plant or interest of the Contractor in accordance with the relevant legislation.
- Federal government departments and agencies are required to pay Applicable Taxes.
- Applicable Taxes will be paid by Canada as provided in the request for payment. It is the sole responsibility of the Contractor to charge Applicable Taxes at the correct rate in accordance with applicable legislation. The Contractor agrees to remit to appropriate tax authorities any amounts of Applicable Taxes paid or due.
- The Contractor is not entitled to use Canada’s exemptions from any tax, such as provincial sales taxes, unless otherwise specified by law. The Contractor must pay applicable provincial sales tax, ancillary taxes, and any commodity tax, on taxable goods or services used or consumed in the performance of the Contract (in accordance with applicable legislation), including for material incorporated into real property.
- In those cases where Applicable Taxes, customs duties, and excise taxes are included in the Contract Amount, the Contract Amount will be adjusted to reflect any increase, or decrease, of Applicable Taxes, customs duties, and excise taxes that will have occurred between bid submission and contract award. However, there will be no adjustment for any change to increase the Contract Amount if public notice of the change was given before bid submission date in sufficient detail to have permitted the Contractor to calculate the effect of the change.
- Tax Withholding of 15 Percent – Canada Revenue Agency
Pursuant to the Income Tax Act, 1985, c. 1 (5th Supp.) and the Income Tax Regulations, Canada must withhold 15 percent of the amount to be paid to the Contractor in respect of services provided in Canada if the Contractor is not a resident of Canada, unless the Contractor obtains a valid waiver from the Canada Revenue Agency. The amount withheld will be held on account for the Contractor in respect to any tax liability which may be owed to Canada.GC1.9 (2010-01-11) Workers' compensation
- Prior to commencement of Work, at the time of Substantial Performance of the Work, and prior to issuance of the Certificate of Completion, the Contractor shall provide evidence of compliance with workers' compensation legislation applicable to the place of the Work, including payments due thereunder.
- At any time during the term of the Contract, when requested by Canada, the Contractor shall provide such evidence of compliance by the Contractor, its subcontractors and any other person at any tier and any other person performing part of the Work who is required to comply with such legislation.
GC1.10 (2008-05-12) National security
- If Canada determines that the Work is of a class or kind that involves national security, Canada may order the Contractor to
and the Contractor shall comply with the order.
- provide Canada with any information concerning persons employed or to be employed by the Contractor for purposes of the Contract; and
- remove any person from the site of the Work if, in the opinion of Canada, that person may be a risk to the national security;
- In all contracts with persons who are to be employed in the performance of the Contract, the Contractor shall make provision for the performance of any obligation that may be imposed upon the Contractor under paragraph 1) of GC1.10.
GC1.11 (2015-02-25) Unsuitable workers
Canada shall instruct the Contractor to remove from the site of the Work any person employed by the Contractor for purposes of the Contract who, in the opinion of Canada, is incompetent or is guilty of improper conduct, and the Contractor shall not permit a person who has been removed to return to the site of the Work.
GC1.12 (2007-05-25) Public ceremonies and signs
- The Contractor shall not permit any public ceremony in connection with the Work without the prior consent of Canada.
- The Contractor shall not erect nor permit the erection of any sign or advertising on the Work or its site without the prior consent of Canada.
GC1.13 (2015-02-25) Conflict of interest
It is a term of the Contract that no individual, for whom the post-employment provisions of the Conflict of interest and Post-Employment Code for Public Office Holders or the Values and Ethics Code for the Public Service apply, shall derive a direct benefit from the Contract unless that individual is in compliance with the applicable post-employment provisions.
GC1.14 (2008-05-12) Agreements and amendments
- The Contract constitutes 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 or conditions binding on the parties other than those contained in the Contract.
- The failure of either party at any time to require performance by the other party of any provision hereof shall not affect the right thereafter to enforce such provision. Nor shall the waiver by either party of any breach of any covenant, term or condition hereof be taken to be held to be a waiver of any further breach of the same covenant, term or condition.
- The Contract may be amended only as provided for in the Contract.
GC1.15 (2015-02-25) Succession
The Contract shall inure to the benefit of and be binding upon the parties hereto and their lawful heirs, executors, administrators, successors and, subject to GC1.16, "Assignment", permitted assigns.
GC1.16 (2015-02-25) Assignment
The Contractor shall not make any assignment of the Contract, either in whole or in part, without the written consent of Canada.
GC1.17 (2015-02-25) No bribe
The Contractor represents and covenants that no bribe, gift, benefit, nor other inducement has been nor shall be paid, given, promised or offered directly or indirectly to any official or employee of Canada or to a member of the family of such a person, with a view to influencing the entry into the Contract or the administration of the Contract.
GC1.18 (2012-07-16) Certification—contingency fees
- In this clause
- "contingency fee" means any payment or other compensation that is contingent upon or is calculated upon the basis of a degree of success in soliciting or obtaining a Government contract or negotiating the whole or any part of its a terms;
- "employee" means a person with whom the Contractor has an employer/employee relationship; and
- "person" includes an individual or a group of individuals, a corporation, a partnership, an organization and an association and, without restricting the generality of the foregoing, includes any individual who is required to file a return with the registrar pursuant to section 5 of the Lobbying Act, R.S. 1985, c. 44 (4th Supplement) as the same may be amended from time to time.
- The Contractor certifies that it has not directly or indirectly paid nor agreed to pay and covenants that it shall not directly or indirectly pay nor agree to pay a contingency fee for the solicitation, negotiation or obtaining of the Contract to any person other than an employee acting in the normal course of the employee's duties.
- All accounts and records pertaining to payments of fees or other compensation for the solicitation, obtaining or negotiation of the Contract shall be subject to the accounts and audit provisions of the Contract.
- If the Contractor certifies falsely under this section or is in default of the obligations contained therein, Canada may either take the Work out of the Contractor's hands in accordance with the provisions of the Contract or recover from the Contractor by way of reduction to the Contract Amount or otherwise, the full amount of the contingency fee.
GC1.19 (2021-12-02) International sanctions
- Persons and companies 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.
- It is a condition of the Contract that the Contractor not supply to the Government of Canada any goods or services which are subject to economic sanctions.
- 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 Contractor may request that the Contract be terminated in accordance with GC7.3, "Termination of Contract".
GC1.20 (2016-04-04) Integrity provisions: Contract
The Ineligibility and Suspension Policy (the “Policy”) and all related Directives incorporated by reference into the bid solicitation on its closing date are incorporated into, and form a binding part of the Contract. The Contractor must comply with the provisions of the Policy and Directives, which can be found on Public Works and Government Services Canada’s website at Ineligibility and Suspension Policy.
GC1.21 (2022-01-28) Code of Conduct for Procurement: Contract
The Contractor agrees to comply with the Code of Conduct for Procurement and to be bound by its terms for the period of the Contract.
GC1.22 (2017-08-17) Performance evaluation: Contract
- The performance of the Contractor during and upon completion of the services will be evaluated by Canada. The evaluation includes all or some of the following criteria:
- quality of workmanship
- time
- project management
- contract management
- health and safety
- A weighting factor of 20 points will be assigned to each of the five criteria as follows:
- unacceptable: 0 to 5 points
- not satisfactory: 6 to 10 points
- satisfactory: 11 to 16 points
- superior: 17 to 20 points
- The consequences resulting from the performance evaluation are as follows:
- For an overall rating of 85% or higher, a congratulation letter is sent to the Contractor.
- For an overall rating of between 51% and 84%, a standard “meets expectations”, letter is sent to the Contractor.
- For an overall rating of between 30% and 50%, a warning letter is sent to the Contractor indicating that if, within the next two years from the date of the letter, they receive 50% or less on another evaluation, the Contractor may be suspended from any new Public Works and Government Services Canada (PWGSC) solicitations for construction services, architectural and engineering services or facility maintenance services, of real property projects, for a period of one year.
- For an overall rating of less than 30%, a suspension letter is sent to the Contractor indicating that the Contractor is suspended from any new PWGSC solicitations for construction services, architectural and engineering services or facility maintenance services, of real property projects, for a period of one year from the date of the letter.
- When general average is between 30% and 50% and one of the ratings is of 5 points or less on any one criterion, a suspension letter is sent to the Contractor indicating that the Contractor is suspended from any new PWGSC solicitations for construction services, architectural and engineering services or facility maintenance services, of real property projects, for a period of one year from the date of the letter.
The form PWGSC-TPSGC 2913, Select - Contractor Performance Evaluation Report (CPERF), is used to record the performance.
2022-01-28SupersededR2810DARCHIVED General condition (GC) 1: General provisions – Construction services
2021-12-02SupersededR2810DARCHIVED General condition (GC) 1: General provisions – Construction services
2017-11-28SupersededR2810DARCHIVED General condition (GC) 1: General provisions – Construction services
2017-08-17SupersededR2810DARCHIVED General condition (GC) 1: General provisions – Construction services
2016-04-04SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2015-07-09SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2015-07-03SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2015-04-01SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2015-02-25SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2014-09-25SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2014-06-26SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2014-03-01SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions - Construction Services
2013-04-25SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions
2012-11-19SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions
2012-07-16SupersededR2810DARCHIVED General Condition (GC) 1 - General Provisions
2011-05-16SupersededR2810DARCHIVED GC1 - General Provisions
2010-01-11SupersededR2810DARCHIVED GC1 - General Provisions
2008-05-12SupersededR2810DARCHIVED GC1 - General Provisions
2007-05-25SupersededR2810DARCHIVED GC1 - General Provisions
R2820D
Effective Date
Item Status
ID
Title
2016-01-28ActiveR2820DGeneral Condition (GC) 2 - Administration of the Contract - Construction Services
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC2.1 (2015-02-25) Departmental Representative's Authority
"Technical Authority" shall be recognized as the Departmental representative and designated at time of award of contract and shall perform the following:
- is responsible for all matters concerning the technical content of the work under the contract;
- authorized to issue notices, instructions, and changes within the scope of the Work, relevant to the contract.
- accept on behalf of Canada any notice, order or other communication from the contractor relating to the Work
- within a reasonable time, review and respond to submissions made by the Contractor in accordance with the requirements of the Contract
The technical authority has no authority to authorize changes to the Contract terms and conditions of the Contract.
"Contracting Authority" shall be recognized as the authority delegated by the Minister of PWGSC to enter into contracts, amend the contracts and is responsible for all matters concerning and interpretation of the terms and conditions of the Contract.
The contracting authority is responsible for the management of the Contract and any changes to the Contract terms and conditions must be authorized in writing by the Contracting Authority.
GC2.2 (2008-12-12) Interpretation of Contract
- If, at any time before Canada has issued a Certificate of Completion, any question arises between the parties about whether anything has been done as required by the Contract or about what the Contractor is required by the Contract to do, and in particular but without limiting the generality of the foregoing, about
the question shall be decided, subject to the provisions of GC8, "Dispute Resolution", by Canada.
- the meaning of anything in the drawings and specifications;
- the meaning to be given to the drawings and specifications in case of any error therein, omission therefrom, or obscurity or discrepancy in their wording or intention;
- whether or not the quality or quantity of any Material or workmanship supplied or proposed to be supplied by the Contractor meets the requirements of the Contract;
- whether or not the labour, Plant or Material performed, used and supplied by the Contractor for performing the Work and carrying out the Contract are adequate to ensure that the Work shall be performed in accordance with the Contract and that the Contract shall be carried out in accordance with its terms;
- what quantity of any of the Work has been completed by the Contractor; or
- the timing and scheduling of the various phases of the performance of the Work as specified in the Contract;
- The Contractor shall perform the Work in accordance with any decisions of Canada that are made under paragraph 1) of GC2.2 and in accordance with any consequential directions given by Canada.
- If the Contractor fails to comply with any instruction or direction issued by Canada pursuant to the Contract, Canada may employ such methods as Canada deems advisable to do what the Contractor failed to do, and the Contractor shall, on demand, pay Canada an amount that is equal to the aggregate of all costs, expenses and damages incurred or sustained by Canada by reason of the Contractor's failure to comply with such instruction or direction, including the cost of any methods employed by Canada in doing what the Contractor failed to do.
GC2.3 (2008-05-12) Notices
- Subject to paragraph 3) of GC2.3, any notice, order or other communication may be given in any manner, and if required to be in writing, shall be addressed to the party to whom it is intended at the address in the Contract or at the last address of which the sender has received written notice in accordance with this section.
- Any notice, order or other communication given in writing in accordance with paragraph 1 of GC2.3 shall be deemed to have been received by either party
- if delivered personally, on the day that it was delivered;
- if forwarded by mail, on the earlier of the day it was received or the sixth day after it was mailed; and
- if forwarded by facsimile or electronic mail, 24 hours after it was transmitted.
- A notice given under GC7.1, "Taking the Work out of the Contractor's Hands", GC7.2, "Suspension of Work" and GC7.3, "Termination of Contract", shall be given in writing and, if delivered personally, shall be delivered, if the Contractor is a sole proprietor, to the Contractor or, if the Contractor is a partnership or corporation, to an officer thereof.
GC2.4 (2015-02-25) Site Meetings
In consultation with Canada, the Contractor shall arrange site meetings at regular intervals, with all involved parties who are to attend, in order to ensure, among other things, the proper co-ordination of the Work.
GC2.5 (2008-05-12) Review and Inspection of Work
- Canada shall review the Work to determine if it is proceeding in conformity with the Contract and to record the necessary data to make an assessment of the value of Work completed. Canada shall measure and record the quantities of labour, Plant and Material performed, used or supplied by the Contractor in performing the Work or any part thereof that is subject to a Unit Price Arrangement and, on request, shall inform the Contractor of those measurements, and permit the Contractor to inspect any records pertaining thereto.
- Canada shall reject Work or Material which in Canada's opinion does not conform to the requirements of the Contract, and shall require inspection or testing of Work, whether or not such Work is fabricated, installed, or completed. If such Work is not in accordance with the requirements of the Contract, the Contractor shall correct the Work and shall pay Canada, on demand, all reasonable costs and expenses that were incurred by Canada in having the examination performed.
- The Contractor shall provide Canada with access to the Work and its site at all times, and at all times shall provide sufficient, safe, and proper facilities for the review and inspection of the Work by persons authorized by Canada and any representatives of those authorities having jurisdiction. If parts of the Work are in preparation at locations other than the site of the Work, Canada shall be given access to such Work whenever it is in progress.
- The Contractor shall furnish Canada with such information respecting the performance of the Contract as Canada may require, and render every possible assistance to enable Canada to verify that the Work is performed in accordance with the Contract, carry out any other duties and exercise any powers in accordance with the Contract.
- If Work is designated for tests, inspections, or approvals in the Contract or by Canada's instructions, or by laws or ordinances of the place of the Work, the Contractor shall give Canada reasonable notice of when such Work shall be ready for review and inspection. The Contractor shall arrange for and shall give Canada reasonable notice of the date and time of inspections, tests or approvals.
- If the Contractor covers, or permits to be covered, Work that has been designated for tests, inspections or approvals before such tests, inspections or approvals are made, completed or given, the Contractor shall, if so directed by Canada, uncover such Work, have the inspections, tests or approvals satisfactorily made, completed or given and make good the covering of the Work at the Contractor's expense.
GC2.6 (2008-05-12) Superintendent
- Prior to commencing the Work, the Contractor shall designate a Superintendent and shall notify Canada of the name, address and telephone number of the Superintendent. The Contractor shall keep the Superintendent at the Work site during working hours until the Work has reached completion.
- The Superintendent shall be in full charge of the operations of the Contractor during the performance of the Work and shall be authorized to accept on behalf of the Contractor any notice, order or other communication given to the Superintendent or the Contractor relating to the Work.
- Upon request of Canada, the Contractor shall remove any Superintendent who, in the opinion of Canada, is incompetent or has been guilty of improper conduct, and shall forthwith designate another Superintendent who is acceptable to Canada.
- The Contractor shall not substitute a Superintendent without the written consent of Canada. If a Superintendent is substituted without such consent, Canada shall be entitled to refuse to issue any documentation or certification relating to progress payments, Substantial Performance or Completion of the Work until the Superintendent has returned to the Work site or another Superintendent who is acceptable to Canada has been substituted.
GC2.7 (2014-06-26) Non-discrimination in Hiring and Employment of Labour
- For the purposes of this clause, "persons" include the Contractor, its subcontractors and suppliers at any tier and their respective employees, agents, licensees or invitees and any other individual involved in the performance of the Work or granted access to the Work site. A "person" includes any partnership, proprietorship, firm, joint venture, consortium and corporation.
- Without restricting the provisions of paragraph 3) of GC2.6, "Superintendent", the Contractor shall not refuse to employ and shall not discriminate in any manner against any person because
- of that person's race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, disability, conviction for which a pardon has been granted, or family status;
- of the race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, disability, conviction for which a pardon has been granted, or family status of any person having a relationship or association with that person, or
- a complaint has been made or information has been given in respect of that person relating to an alleged failure by the Contractor to comply with subparagraph (a) or (b).
- Within two working days immediately following receipt of a written complaint pursuant to paragraph 2) of GC2.7, the Contractor shall
- cause to have issued a written direction to the person or persons named by the complainant to cease all actions that form the basis of the complaint;
- forward a copy of the complaint to Canada by registered mail or courier service.
- Within 24 hours immediately following receipt of a direction from Canada to do so, the Contractor shall cause to have removed from the site of the Work and from the performance of Work under the Contract, any person or persons whom Canada believes to be in breach of the provisions of paragraph 2) of GC2.7.
- No later than 30 days after receipt of the direction referred to in paragraph 4) of GC2.7, the Contractor shall cause the necessary action to be commenced to remedy the breach described in the direction.
- If a direction is issued pursuant to paragraph 4) of GC2.7, Canada may withhold from monies that are due and payable to the Contractor or setoff pursuant to GC5.9, "Right of Setoff", whichever is applicable, an amount representing the sum of the costs and payment referred to in paragraph 8) of GC2.7.
- If the Contractor fails to proceed in accordance with paragraph 5) of GC2.7, Canada shall take the necessary action to have the breach remedied, and shall determine all supplementary costs incurred by Canada as a result.
- Canada may make a payment directly to the complainant from monies that are due and payable to the Contractor upon receipt from the complainant of
- a written award issued pursuant to the federal Commercial Arbitration Act, R.S. 1985, c. 17 (2nd Supp.);
- a written award issued pursuant to the Canadian Human Rights Act, R.S. 1985, c. H-6;
- a written award issued pursuant to provincial or territorial human rights legislation; or
- a judgement issued by a court of competent jurisdiction.
- If Canada is of the opinion that the Contractor has breached any of the provisions of this clause, Canada may take the Work out of the Contractor's hands pursuant to GC7.1, "Taking the Work out of the Contractor's Hands".
- Subject to paragraph 7) of GC3.6, "Subcontracting", the Contractor shall ensure that the provisions of this clause are included in all agreements and contracts entered into as a consequence of the Work.
GC2.8 (2014-06-26) Accounts and Audits
- The Contractor shall, in addition to the requirements expressed in paragraph 6) of GC3.4, "Execution of the Work", maintain full records of the Contractor's estimated and actual cost of the Work together with all tender calls, quotations, contracts, correspondence, invoices, receipts and vouchers relating thereto, and shall make them available on request to audit and inspection by Canada and the Deputy Receiver General for Canada or by persons designated to act on behalf of either or both of them.
- The Contractor shall allow any of the persons referred to in paragraph 1) of GC2.8 to make copies of and take extracts from any of the records and material, and shall furnish such persons or entities with any information those persons or entities may require from time to time in connection with such records and material.
- The Contractor shall maintain and keep the records intact until the expiration of six (6) years after the date that a Certificate of Completion has been issued or until the expiration of such other period of time as Canada may direct.
- The Contractor shall cause all subcontractors at any tier and all other persons directly or indirectly controlled by or affiliated with the Contractor and all persons directly or indirectly having control of the Contractor to comply with the requirements of this clause as if they were the Contractor.
2015-02-25SupersededR2820DARCHIVED General Condition (GC) 2 - Administration of the Contract
2014-09-25SupersededR2820DARCHIVED General Condition (GC) 2 - Administration of the Contract
2014-06-26SupersededR2820DARCHIVED General Condition (GC) 2 - Administration of the Contract
2012-07-16SupersededR2820DARCHIVED General Condition (GC) 2 - Administration of the Contract
2011-05-16SupersededR2820DARCHIVED GC2 - Administration of the Contract
2008-12-12SupersededR2820DARCHIVED GC2 - Administration of the Contract
2008-05-12SupersededR2820DARCHIVED GC2 - Administration of the Contract
2007-05-25SupersededR2820DARCHIVED GC2 - Administration of the Contract
R2830D
Effective Date
Item Status
ID
Title
2019-11-28ActiveR2830DGeneral condition (GC) 3: Execution and control of the work
Remarks – Recommended Use of SACC Item
Legal text for SACC item
- GC3.1 Progress schedule
- GC3.2 Errors and omissions
- GC3.3 Construction safety
- GC3.4 Execution of the work
- GC3.5 Material
- GC3.6 Subcontracting
- GC3.7 Construction by other contractors or workers
- GC3.8 Labour
- GC3.9 Truck haulage rates (cancelled)
- GC3.10 Material, plant and real property become property of Canada
- GC3.11 Defective work
- GC3.12 Cleanup of site
- GC3.13 Warranty and rectification of defects in work
GC3.1 (2015-02-25) Progress schedule
The Contractor shall
- prepare and submit to Canada, prior to the submission of the Contractor's first progress claim, a progress schedule in accordance with the requirements set out in the Contract;
- monitor the progress of the Work relative to the schedule and update the schedule as stipulated by the contract documents;
- advise Canada of any revisions to the schedule required as the result of any extension of time for completion of the Contract that was approved by Canada; and
- prepare and submit to Canada, at the time of issuance of a Certificate of Substantial Performance, an update of any schedule clearly showing a detailed timetable that is acceptable to Canada for the completion of any unfinished Work and the correction of all listed defects.
GC3.2 (2015-02-25) Errors and omissions
The Contractor shall report promptly to Canada any errors, discrepancies, or omissions the Contractor may discover when reviewing the contract documents. In making a review, the Contractor does not assume any responsibility to Canada for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, discrepancies, or omissions in the contract documents prepared by or on behalf of Canada that the Contractor did not discover.
GC3.3 (2008-05-12) Construction safety
- Subject to GC3.7, "Construction by Other Contractors or Workers", the Contractor shall be solely responsible for construction safety at the place of the Work and for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. In any emergency, the Contractor shall either stop the Work, make changes or order extra work to ensure the safety of life and the protection of the Work and neighbouring property.
- Prior to commencing the Work, the Contractor shall notify the authorities having jurisdiction for construction safety at the site of the Work with respect to the intended commencement of the Work, and shall provide such authority with whatever additional information may be required by that authority.
GC3.4 (2008-05-12) Execution of the work
- The Contractor shall perform, use or supply and pay for, all labour, Plant, Material, tools, construction machinery and equipment, water, heat, light, power, transportation and other facilities and services necessary for the performance of the Work in accordance with the Contract.
- The Contractor shall, at all times, perform the Work in a proper, diligent and expeditious manner as is consistent with construction industry standards and in accordance with the progress schedule prepared pursuant to GC3.1, "Progress Schedule", and shall provide sufficient personnel to fulfil the Contractor's obligations in accordance with that schedule.
- Subject to paragraph 4) of GC3.4, the Contractor shall have complete care, custody and control of the Work and shall direct and supervise the Work so as to ensure compliance with the Contract. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for co-ordinating the various parts of the Work.
- When requested in writing by Canada, the Contractor shall make appropriate alterations in the method, Plant or workforce at any time Canada considers the Contractor's actions to be unsafe or damaging to either the Work, existing facilities, persons at the site of the Work or the environment.
- The Contractor shall have sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and for the construction methods used in their erection, operation, maintenance and removal. The Contractor shall engage and pay for registered professional engineering personnel, skilled in the appropriate discipline to perform these functions if required by law or by the Contract, and in all cases when such temporary facilities and their methods of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results.
- The Contractor shall keep at least one copy of current contract documents, submittals, reports, and records of meetings at the site of the Work, in good order and available to Canada.
- Except for any part of the Work that is necessarily performed away from or off the site of the Work, the Contractor shall confine Plant, storage of Material, and operations of employees to limits indicated by laws, ordinances, permits or the contract documents.
GC3.5 (2008-05-12) Material
- Unless otherwise specified in the Contract, all Material incorporated in the Work shall be new.
- Subject to paragraph 3) of GC3.5, if a specified reused, refurbished, or recycled item of Material is not available, the Contractor shall apply to Canada to substitute a similar item for the one specified.
- If Canada agrees that the Contractor's application for substitution of a reused, refurbished or recycled item is warranted, and that the substitute item is of acceptable quality and value to that specified and is suitable for the intended purpose, Canada may approve the substitution, subject to the following:
- the request for substitution shall be made in writing to Canada and shall be substantiated by information in the form of the manufacturer's literature, samples and other data that may be required by Canada;
- the Contractor shall make the request for substitution in a manner that shall not negatively affect the progress schedule of the Contract and well in advance of the time the item of Material must be ordered;
- substitution of Material shall be permitted only with the prior written approval of Canada, and any substituted items that are supplied or installed without such approval shall be removed from the site of the Work at the expense of the Contractor, and specified items installed at no additional cost to Canada; and
- the Contractor shall be responsible for all additional expenses incurred by Canada, the Contractor, its subcontractors and suppliers at any tier due to the Contractor's use of the substitute.
GC3.6 (2008-05-12) Subcontracting
- Subject to the provisions of this clause, the Contractor may subcontract any part of the Work but not the whole of the Work.
- The Contractor shall notify Canada in writing of the Contractor's intention to subcontract.
- A notification referred to in paragraph 2) of GC3.6 shall identify the part of the Work and the Subcontractor with whom the Contractor intends to subcontract.
- Canada may for reasonable cause, object to the intended subcontracting by notifying the Contractor in writing within six(6) days of receipt by Canada of a notification referred to in paragraph 2) of GC3.6.
- If Canada objects to a subcontracting, the Contractor shall not enter into the intended subcontract.
- The Contractor shall not change, nor permit to be changed, a Subcontractor engaged by the Contractor, in accordance with this clause, without the written consent of Canada.
- The Contractor shall ensure that all the terms and conditions of the Contract that are of general application shall be incorporated in every other contract issued as a consequence of the Contract, at whatever tier, except those contracts issued solely to suppliers at any tier for the supply of Plant or Material.
- Neither a subcontracting nor Canada's consent to a subcontracting shall be construed to relieve the Contractor from any obligation under the Contract or to impose any liability upon Canada.
GC3.7 (2017-11-28) Construction by other contractors or workers
- Canada reserves the right to send other contractors or workers, with or without Plant and Material, onto the site of the Work.
- When other contractors or workers are sent on to the site of the Work, Canada shall
- enter into separate contracts, to the extent it is possible, with the other contractors under conditions of contract that are compatible with the conditions of the Contract;
- ensure that the insurance coverage provided by the other contractors is co-ordinated with the insurance coverage of the Contractor as it affects the Work; and
- take all reasonable precautions to avoid labour disputes or other disputes arising from the work of the other contractors or workers.
- When other contractors or workers are sent on to the site of the Work, the Contractor shall
- co-operate with them in the carrying out of their duties and obligations;
- co-ordinate and schedule the Work with the work of the other contractors and workers;
- participate with other contractors and workers in reviewing their construction schedules when directed to do so;
- where part of the Work is affected by or depends upon the work of other contractors or workers for its proper execution, promptly report to Canada in writing and prior to proceeding with that part of the Work, any apparent deficiencies in such work. Failure by the Contractor to so report shall invalidate any claims against Canada by reason of the deficiencies in the work of other contractors or workers except those deficiencies that are not then reasonably discoverable; and
- when designated as being responsible for construction safety at the place of work in accordance with the applicable provincial or territorial laws, carry out its duties in that role and in accordance with those laws.
- If, when entering into the Contract, the Contractor could not have reasonably foreseen nor anticipated the sending of other contractors or workers on to the site of the Work and provided the Contractor
Canada shall pay the Contractor the cost of the extra labour, Plant and Material that was necessarily incurred, calculated in accordance with GC6.4, "Determination of Price".
- incurs extra expense in complying with the requirements of paragraph 3) of GC3.7; and
- gives Canada written notice of a claim for that extra expense within thirty (30) days of the date that the other contractors or workers were sent onto the Work or its site;
GC3.8 (2014-03-01) Labour
- To the extent to which they are available, consistent with proper economy and the expeditious carrying out of the Work, the Contractor shall, in the performance of the Work, employ a reasonable number of persons who have been on active service with the Armed Forces of Canada and have been honourably discharged therefrom.
- The Contractor shall maintain good order and discipline among the Contractor's employees and workers engaged in the Work and shall not employ on the site of the Work anyone not skilled in the tasks assigned.
GC3.9 (2008-12-12) Truck haulage rates
CANCELLED.
GC3.10 (2008-05-12) Material, plant and real property become property of Canada
- Subject to paragraph 9) of GC1.8, "Laws Permits and Taxes", all Material and Plant and the interest of the Contractor in all real property, licences, powers and privileges purchased, used or consumed by the Contractor for the Work shall, immediately after the time of their purchase, use or consumption be the property of Canada for the purposes of the Work and they shall continue to be the property of Canada
- in the case of Material, until Canada indicates that the Materials shall not be required for the Work; and
- in the case of Plant, real property, licences, powers and privileges, until Canada indicates that the interest vested in Canada therein is no longer required for the purposes of the Work.
- Material or Plant, that is the property of Canada by virtue of paragraph 1) of GC3.10, shall not be taken away from the site of the Work nor used nor disposed of except for the purposes of the Work without the written consent of Canada.
- Canada is not liable for loss of nor damage from any cause to the Material or Plant referred to in paragraph 1) of GC3.10, and the Contractor is liable for such loss or damage notwithstanding that the Material or Plant is the property of Canada.
GC3.11 (2008-05-12) Defective work
- The Contractor shall promptly remove from the site of the Work and replace or re-execute defective Work whether or not the defective Work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective Material, or damage through carelessness or other act or omission of the Contractor.
- The Contractor, at the Contractor's expense, shall promptly make good other work destroyed or damaged by such removals or replacements.
- If, in the opinion of Canada, it is not expedient to correct defective Work or Work not performed as provided for in the Contract documents, Canada may deduct from the amount otherwise due to the Contractor the difference in value between the Work as performed and that called for by the contract documents.
- The failure of Canada to reject any defective Work or Material shall not constitute acceptance of the defective Work or Material.
GC3.12 (2008-05-12) Cleanup of site
- The Contractor shall maintain the Work and its site in a tidy condition and free from an accumulation of waste material and debris.
- Before the issue of a Certificate of Substantial Performance, the Contractor shall remove waste material and debris, and all Plant and Material not required for the performance of the remaining Work and, unless otherwise stipulated in the Contract Documents, shall cause the Work and its site to be clean and suitable for occupancy by Canada.
- Before the issue of a Certificate of Completion, the Contractor shall remove all surplus Plant and Materials and any waste products and debris from the site of the Work.
- The Contractor's obligations described in paragraphs 1) to 3) of GC3.12 do not extend to waste products and other debris caused by Canada's servants, or by other contractors and workers referred to in GC3.7, "Construction by Other Contractors or Workers".
GC3.13 (2018-06-21) Warranty and rectification of defects in work
- Without restricting any warranty or guarantee implied or imposed by law or contained in the Contract, the Contractor shall, at the Contractor's expense
- rectify and make good any defect or fault that appears in the Work or comes to the attention of Canada with respect to those parts of the Work accepted in connection with the Certificate of Substantial Performance within 12 months from the date of Substantial Performance; and
- rectify and make good any defect or fault that appears in or comes to the attention of Canada in connection with those parts of the Work described in the Certificate of Substantial Performance within 12 months from the date of the Certificate of Completion.
- transfer and assign, to Canada, any subcontractor, manufacturer or supplier extended warranties or guarantees implied or imposed by law or contained in the Contract covering periods beyond the 12 months stipulated above. Extended warranties or guarantees referred to herein shall not extend the 12-month period whereby the Contractor, except as may be provided elsewhere in the Contract, must rectify and make good any defect or fault that appears in the Work or comes to the attention of Canada.
- provide, to Canada prior to the issuance of the Certificate of Completion, a list of all extended warranties and guarantees referred to in paragraph (c) above.
- Canada may direct the Contractor to rectify and make good any defect or fault referred to in paragraph 1) of GC3.13 or covered by any other expressed or implied warranty or guarantee and the Contractor shall rectify and make good such defect within the time stipulated in the direction.
- A direction referred to in paragraph 2) GC3.13 shall be in writing and shall be given to the Contractor in accordance with GC2.3, "Notices".
2018-06-21SupersededR2830DARCHIVED General condition (GC) 3: Execution and control of the work
2017-11-28SupersededR2830DARCHIVED General condition (GC) 3: Execution and control of the work
2015-02-25SupersededR2830DARCHIVED General Condition (GC) 3 - Execution and Control of the Work
2014-03-01SupersededR2830DARCHIVED General Condition (GC) 3 - Execution and Control of the Work
2010-01-11SupersededR2830DARCHIVED General Condition (GC) 3 - Execution and Control of the Work
2008-12-12SupersededR2830DARCHIVED GC3 - Execution and Control of the Work
2008-05-12SupersededR2830DARCHIVED GC3 - Execution and Control of the Work
2007-05-25SupersededR2830DARCHIVED GC3 - Execution and Control of the Work
R2840D
Effective Date
Item Status
ID
Title
2008-05-12ActiveR2840DGeneral Condition (GC) 4 - Protective Measures
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC4.1 (2008-05-12) Protection of Work and Property
- The Contractor shall protect the Work and its site against loss or damage from any cause and shall similarly protect all Material, Plant and real property under the Contractor's care, custody and control whether or not such Material, Plant and real property are supplied by Canada to the Contractor.
- The Contractor shall provide all facilities necessary for the purpose of maintaining security, and shall assist any person authorized by Canada to inspect or to take security measures in respect of the Work and its site.
- Canada may direct the Contractor to do such things and to perform such work as Canada considers reasonable and necessary to ensure compliance with or to remedy a breach of paragraphs 1) or 2) of GC4.1, and the Contractor, shall comply with such direction.
GC4.2 (2008-05-12) Precautions Against Damage, Infringement of Rights, Fire and Other Hazards
- The Contractor shall do whatever is necessary to ensure that
- no person, property, right, easement nor privilege is injured, damaged or infringed upon by reasons of the Contractor's activities in performing the Work;
- pedestrian and other traffic on any public or private road or waterway is not unduly impeded, interrupted nor endangered by the performance or existence of the Work, Material or Plant;
- fire hazards in or about the site of the Work are eliminated and any fire is promptly extinguished;
- the health and safety of all persons employed in the performance of the Work is not endangered by the methods nor means of their performance;
- adequate medical services are available to all persons employed on the Work or its site at all times during the performance of the Work;
- adequate sanitation measures are taken in respect of the Work and its site; and
- all stakes, buoys and marks placed on the Work or its site by Canada are protected and are not removed, defaced, altered nor destroyed.
- Canada may direct the Contractor to do such things and to perform such work as Canada considers reasonable and necessary to ensure compliance with or to remedy a breach of paragraph 1) of GC4.2, and the Contractor shall comply with the direction of Canada.
GC4.3 (2008-05-12) Material, Plant and Real Property Supplied by Canada
- Subject to paragraph 2) of GC4.3, the Contractor is liable to Canada for any loss of or damage to Material, Plant or real property that is supplied or placed in the care, custody and control of the Contractor by Canada for use in connection with the Contract, whether or not that loss or damage is attributable to causes beyond the Contractor's control.
- The Contractor is not liable to Canada for any loss or damage to Material, Plant or real property referred to in paragraph 1) of GC4.3 if that loss or damage results from and is directly attributable to reasonable wear and tear.
- The Contractor shall not use any Material, Plant or real property supplied by Canada except for the purpose of performing the Contract.
- When the Contractor fails to make good any loss or damage for which the Contractor is liable under paragraph 1) within a reasonable time, Canada may cause the loss or damage to be made good at the Contractor's expense, and the Contractor shall thereupon be liable to Canada for the cost thereof and shall, on demand, pay to Canada an amount equal to that cost.
- The Contractor shall keep records of all Material, Plant and real property supplied by Canada as Canada requires and shall satisfy Canada, when requested, that such Material, Plant and real property are at the place and in the condition in which they ought to be.
GC4.4 (2008-05-12) Contaminated Site Conditions
- For the purposes of GC4.4, a contaminated site condition exists when a solid, liquid, gaseous, thermal or radioactive irritant or contaminant, or other hazardous or toxic substance or material, including moulds and other forms of fungi, is present at the site of the Work to an extent that constitutes a hazard, or potential hazard, to the environment, property, or the health or safety of any person.
- If the Contractor encounters a contaminated site condition of which the Contractor is not aware or about which the Contractor has not been advised, or if the Contractor has reasonable grounds to believe that such a site condition exists at the site of the Work, the Contractor shall
- take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death, and that neither property nor the environment is injured or destroyed as a result of the contaminated site condition;
- immediately notify Canada of the circumstances in writing; and
- take all reasonable steps to minimize additional costs that may accrue as a result of any work stoppage.
- Upon receipt of a notification from the Contractor, Canada shall promptly determine whether a contaminated site condition exists, and shall notify the Contractor in writing of any action to be taken, or work to be performed, by the Contractor as a result of Canada's determination.
- If the Contractor's services are required by Canada, the Contractor shall follow the direction of Canada with regard to any excavation, treatment, removal and disposal of any polluting substance or material.
- Canada, at Canada's sole discretion, may enlist the services of experts and specialty contractors to assist in determining the existence of, and the extent and treatment of contaminated site conditions, and the Contractor shall allow them access and co-operate with them in the carrying out of their duties and obligations.
- Except as may be otherwise provided for in the Contract, the provisions of GC6.4, "Determination of Price", shall apply to any additional work made necessary because of a contaminated site condition.
2007-05-25SupersededR2840DARCHIVED GC4 - Protective Measures
R2850D
Effective Date
Item Status
ID
Title
2019-11-28ActiveR2850DGeneral Condition (GC) 5 - Terms of Payment >100K - Construction Services
Remarks – Recommended Use of SACC Item
This clause is used for solicitations with an estimated value of $100,000 or more.
Legal text for SACC item
- GC5.1 Interpretation
- GC5.2 Amount Payable
- GC5.3 Increased or Decreased Costs
- GC5.4 Progress Payment
- GC5.5 Substantial Performance of the Work
- GC5.6 Final Completion
- GC5.7 Payment Not Binding on Canada
- GC5.8 Claims and Obligations
- GC5.9 Right of Setoff
- GC5.10 Assessments and Damages for Late Completion
- GC5.11 Delay in Making Payment
- GC5.12 Interest on Settled Claims
- GC5.13 Return of Security Deposit
GC5.1 (2008-12-12) Interpretation
In these Terms of Payment
- The "payment period" means a period of 30 consecutive days or such other longer period as may be agreed between the Contractor and Canada.
- An amount is "due and payable" when it is due and payable by Canada to the Contractor according to GC5.4, "Progress Payment", GC5.5, "Substantial Performance of the Work", or GC5.6 "Final Completion".
- An amount is "overdue" when it remains unpaid on the first day following the day upon which it is due and payable.
- The "date of payment" means the date of the negotiable instrument of an amount due and payable by the Receiver General for Canada.
- The "Bank Rate" means the rate of interest established by the Bank of Canada as the minimum rate at which it makes short term advances to members of the Canadian Payments Association.
- The "Average Bank Rate" means the simple arithmetic mean of the Bank Rate in effect at 4:00 p.m. Eastern Time each day during the calendar month which immediately precedes the calendar month in which payment is made.
GC5.2 (2010-01-11) Amount Payable
- Subject to any other provisions of the Contract, Canada shall pay the Contractor, at the times and in the manner hereinafter set out, the amount by which the amounts payable by Canada to the Contractor in accordance with the Contract exceed the amounts payable by the Contractor to Canada, and the Contractor shall accept that amount as payment in full satisfaction for everything furnished and done by the Contractor in respect of the Work to which the payment relates.
- When making any payment to the Contractor, the failure of Canada to deduct an amount payable to Canada by the Contractor shall not constitute a waiver of the right to do so, or an admission of lack of entitlement to do so in any subsequent payment to the Contractor.
- Should any payment be made by Canada in excess of what is owed to the Contractor for the actual work performed, the Contractor will reimburse Canada the excess immediately, with or without demand, and any amounts outstanding shall bear simple interest at the Average Bank rate plus 3 percent per annum from the date of overpayment until the day prior to the date of repayment by the Contractor.
- No payment other than a payment that is expressly stipulated in the Contract, shall be made by Canada to the Contractor for any extra expense or any loss or damage incurred or sustained by the Contractor.
GC5.3 (2014-06-26) Increased or Decreased Costs
- The Contract Amount shall not be increased nor decreased by reason of any increase or decrease in the cost of the Work that is brought about by an increase or decrease in the cost of labour, Plant, Material or any wage adjustment.
- Notwithstanding paragraph 1) of GC5.3, if any change, including a new imposition or repeal, of any tax, customs or other duty, charge, or any similar imposition that is imposed under sales, customs or excise tax legislation of the Government of Canada or any Provincial or Territorial legislation, affects the cost of the Work to the Contractor, and occurs
- after the date of submission by the Contractor of its bid; or
- after the date of submission of the last revision, if the Contractor's bid was revised;
- the Contract Amount shall be adjusted in the manner provided in paragraph 3) of GC5.3.
- If a change referred to in paragraph 2) of GC5.3 occurs, the Contract Amount shall be increased or decreased by an amount established by an examination by Canada of the relevant records of the Contractor referred to in GC2.8, "Accounts and Audits", to be the increase or decrease in the cost incurred by the Contractor that is directly attributable to that change.
- For the purpose of paragraph 2) of GC5.3, if a tax is changed after the tender closing, but public notice of the change has been given by the Minister of Finance or the corresponding Provincial or Territorial authority before that closing, the change shall be deemed to have occurred before the solicitation closing.
- Notwithstanding paragraphs 2) to 4) of GC5.3, no adjustment to the Contract Amount in respect of the Work or a part thereof shall be made for a change in any imposition referred to in this section that occurs after the date required by the Contract for completion of the Work or that part of the Work.
GC5.4 (2014-06-26) Progress Payment
- On the expiration of a payment period, the Contractor shall deliver to Canada
- a written progress claim in a form acceptable to Canada that fully describes any part of the Work that has been completed, and any Material that was delivered to the Work site but not incorporated into the Work, during that payment period, and
- a completed and signed statutory declaration containing a declaration that, up to the date of the progress claim, the Contractor has complied with all lawful obligations and that, in respect of the Work, all lawful obligations of the Contractor to its Subcontractors and Suppliers, referred to collectively in the declaration as " subcontractors and suppliers", have been fully discharged.
- Within 10 days of receipt of a progress claim and statutory declaration from the Contractor, Canada shall inspect, or cause to have inspected, the part of the Work and the Material described in the progress claim, and shall issue a progress report to the Contractor, that indicates the value of the part of the Work and the Material described in the progress claim that, in the opinion of Canada
- is in accordance with the Contract; and
- was not included in any other progress report relating to the Contract.
- Subject to GC5.2, "Amount Payable", and paragraph 5) of GC5.4, Canada shall pay the Contractor an amount that is equal to
- 95 percent of the value that is indicated in Canada's progress report if a labour and material payment bond has been furnished by the Contractor; or
- 90 percent of the value that is indicated in Canada's progress report if a labour and material payment bond has not been furnished by the Contractor.
- Canada shall pay the amount referred to in paragraph 3) of GC5.4 not later than
whichever is later.
- 30 days after receipt by Canada of both a progress claim and a statutory declaration referred to in paragraph 1) of GC5.4; or
- 15 days after receipt by Canada of the Contractor's progress schedule or updated progress schedule, in accordance with GC3.1, "Progress Schedule",
- In the case of the Contractor's first progress claim, it is a condition precedent to Canada's obligation under paragraph 3) of GC5.4 that the Contractor has provided all necessary documentation required by the Contract for the first progress claim.
GC5.5 (2014-06-26) Substantial Performance of the Work
- If, at any time before the issuance of a Certificate of Completion, Canada determines that the Work has reached Substantial Performance as described in subparagraph 1) (b) of GC1.1.4, "Substantial Performance", Canada shall issue a Certificate of Substantial Performance to the Contractor. The Certificate of Substantial Performance shall state or describe
- the date of Substantial Performance;
- the parts of the Work not completed to the satisfaction of Canada; and
- all things that must be done by the Contractor before a Certificate of Completion is issued and before the 12-month warranty period referred to in GC3.13, "Warranty and Rectification of Defects in Work", commences for the said parts and all the said things.
- The issuance of a Certificate of Substantial Performance does not relieve the Contractor from the Contractor's obligations under GC3.11, "Defective Work".
- Subject to GC5.2, "Amount Payable", and paragraph 4) of GC5.5, Canada shall pay the Contractor the amount referred to in paragraph 1) of GC5.2, "Amount Payable", less the aggregate of
- the sum of all payments that were made pursuant to GC5.4, "Progress Payment";
- an amount that is equal to Canada's estimate of the cost to Canada of rectifying defects described in the Certificate of Substantial Performance; and
- an amount that is equal to Canada's estimate of the cost to Canada of completing the parts of the Work described in the Certificate of Substantial Performance other than defects listed therein.
- Canada shall pay the amount referred to in paragraph 3) of GC5.5 not later than
- 30 days after the date of issue of a Certificate of Substantial Performance, or
- 15 days after the Contractor has delivered to Canada
- a statutory declaration containing a declaration by the Contractor that up to the date of the Certificate of Substantial Performance, the Contractor has complied with all lawful obligations, discharged all its lawful obligations to its Subcontractors and Suppliers in respect of the work under the Contract, and discharged its lawful obligations referred to in GC1.8, "Laws, Permits and Taxes";
- evidence of compliance with workers' compensation legislation in accordance with GC1.9, "Workers' Compensation"; and
- an update of the progress schedule in accordance with the requirements of GC3.1, "Progress Schedule"; whichever is later.
GC5.6 (2008-05-12) Final Completion
- When Canada is of the opinion that the Contractor has complied with the Contract and all orders and directions made pursuant thereto, and that the Work has been completed as described in GC1.1.5, "Completion", Canada shall issue a Certificate of Completion to the Contractor and, if the Work or a portion of the Work is subject to a Unit Price Arrangement, Canada shall issue a Certificate of Measurement that shall, subject to GC8, be binding upon and conclusive between Canada and the Contractor as to the quantities referred to therein.
- Subject to GC5.2, "Amount Payable", and paragraph 3) of GC5.6, Canada shall pay the Contractor the amount referred to in GC5.2, "Amount Payable", less the aggregate of the sum of all payments that were made pursuant to GC5.4, "Progress Payment", and GC5.5, "Substantial Performance of Work".
- Canada shall pay the amount referred to in paragraph 2) of GC5.6 not later than
- 60days after the date of issue of a Certificate of Completion; or
- 15 days after the Contractor has delivered to Canada
- a statutory declaration which contains a declaration by the Contractor that all of the Contractor's lawful obligations and any lawful claims against the Contractor that arose out of the performance of the Contract have been discharged and satisfied; and
- evidence of compliance with workers' compensation legislation in accordance with GC1.9, "Workers' Compensation"; whichever is later.
GC5.7 (2015-02-25) Payment Not Binding on Canada
Neither acceptance of a progress claim or progress report, nor any payment made by Canada under the Contract, nor partial or entire use or occupancy of the Work by Canada shall constitute an acceptance by Canada of any portion of the Work or Material that is not in accordance with the requirements of the Contract.
GC5.8 (2008-05-12) Claims and Obligations
- The Contractor shall discharge all the Contractor's lawful obligations and shall satisfy all lawful claims against the Contractor arising out of the performance of the Work at least as often as the Contract requires Canada to pay the Contractor.
- Whenever requested to do so by Canada, the Contractor shall make a statutory declaration declaring to the existence and condition of any obligations and claims against the Contractor arising out of the performance of the Work.
- In order to discharge lawful obligations of and satisfy lawful claims against the Contractor or its Subcontractors arising out of the performance of the Contract, Canada may pay an amount that is due and payable to the Contractor directly to the claimant. Such payment is, to the extent of the payment, a discharge of Canada's liability to the Contractor under the Contract and may be deducted from any amount payable to the Contractor under the Contract.
- For the purposes of paragraph 3) of GC5.8, and subject to paragraph 6) of GC5.8, a claim or obligation shall be considered lawful when it is so determined by
- a court of legal jurisdiction;
- an arbitrator duly appointed to arbitrate the claim; or
- the written consent of the Contractor authorizing payment of the claim or obligation.
- If a claim or obligation would have been subject to the provisions of Provincial or Territorial lien legislation or, in the Province of Quebec, the law relating to legal hypothecs had the Contractor been performing the Work for an entity other than Canada
- such amount as may be paid by Canada pursuant to paragraphs 3) and 4) of GC5.8 shall not exceed the amount that the Contractor would have been obliged to pay had the provisions of such legislation or law been applicable to the Work;
- a claimant need not comply with the provisions of such legislation, setting out the steps by way of notice, registration or otherwise as might have been necessary to preserve or perfect any claim for lien or privilege which the claimant might have had; and
- for the purposes of determining the entitlement of a claimant, the notice required by paragraph 8) of GC5.8 shall be deemed to replace the registration or provision of notice after the performance of work as required by any applicable legislation and no claim shall be deemed to have expired, become void or unenforceable by reason of the claimant not commencing any action within the time prescribed by such legislation.
- The Contractor shall, at the request of any claimant, submit to binding arbitration those questions that need to be answered to establish the entitlement of the claimant to payment. The arbitration shall have as parties to it any Subcontractor or Supplier to whom the claimant supplied Material, performed work or rented equipment should such Subcontractor or Supplier wish to be adjoined, and Canada shall not be a party to such arbitration. Subject to any agreement between the Contractor and the claimant, the arbitration shall be conducted in accordance with the governing Provincial or Territorial legislation applicable to the site of the Work.
- Paragraph 3) of GC5.8 shall apply only to claims and obligations
- the notification of which has set forth the amount claimed to be owing and the person who by contract is primarily liable and has been received by Canada in writing before final payment is made to the Contractor pursuant to GC5.6, "Final Completion", and within 120 days of the date on which the claimant
- should have been paid in full under the claimant's contract with the Contractor, its Subcontractor or Supplier if the claim is for money that was lawfully required to be held back from the claimant; or
- performed the last of the services, work or labour, or furnished the last of the Material pursuant to the claimant's contract with the Contractor or its Subcontractor or Supplier where the claim is for money not lawfully required to be held back from the claimant; and
- the proceedings to determine the right to payment of which, pursuant to paragraph 5) of GC5.8, shall have commenced within one year from the date that the notification required by subparagraph 7)(a) of GC5.8 was received by Canada.
- Upon receipt of a notice of claim, Canada may withhold, from any amount that is due and payable to the Contractor pursuant to the Contract, the full amount of the claim or any portion thereof.
- Canada shall notify the Contractor in writing in a timely manner of receipt of any claim and of the intention of Canada to withhold funds. At any time thereafter and until payment is made to the claimant, the Contractor may be entitled to post, with Canada, security in a form acceptable to Canada in an amount equal to the value of the claim, and upon receipt of such security Canada shall release to the Contractor any funds that would be otherwise payable to the Contractor, that were withheld pursuant to the provisions of this clause in respect of the claim of any claimant for whom the security stands.
GC5.9 (2008-05-12) Right of Setoff
- Without limiting any right of setoff or deduction given or implied by law or elsewhere in the Contract, Canada may set off any amount payable to Canada by the Contractor under the Contract, or under any current contract, against any amount payable to the Contractor under the Contract.
- For the purposes of paragraph 1) of GC5.9, "current contract" means a contract between Canada and the Contractor
- under which the Contractor has an undischarged obligation to perform or supply work, labour or material; or
- in respect of which Canada has, since the date of the Contract, exercised any right to take the work that is the subject of that contract out of the Contractor's hands.
GC5.10 (2007-05-25) Assessments and Damages for Late Completion
- For the purposes of this clause
- the Work shall be deemed to be completed on the date of the Certificate of Completion; and
- the "period of delay" means the number of days commencing on the day fixed for completion of the Work and ending on the day immediately preceding the day on which the Work is completed but does not include any day within a period of extension granted pursuant to GC6.5, "Delays and Extension of Time", and any other day on which, in the opinion of Canada, completion of the Work was delayed for reasons beyond the control of the Contractor.
- If the Contractor does not complete the Work by the day fixed for its completion but completes it thereafter, the Contractor shall pay Canada an amount equal to the aggregate of
- all salaries, wages and travelling expenses incurred by Canada in respect of persons overseeing the performance of the Work during the period of delay;
- the cost incurred by Canada as a result of the inability to use the completed Work for the period of delay; and
- all other expenses and damages incurred or sustained by Canada during the period of delay as a result of the Work not being completed by the day fixed for its completion.
- Canada may waive the right of Canada to the whole or any part of the amount payable by the Contractor pursuant to paragraph 2) of GC5.10 if, in the opinion of Canada, it is in the public interest to do so.
GC5.11 (2008-05-12) Delay in Making Payment
- Notwithstanding GC1.5, "Time of the Essence", any delay by Canada in making any payment when it is due pursuant to GC5 shall not be a breach of the Contract by Canada.
- Subject to paragraph 3) of GC5.11, Canada shall pay to the Contractor simple interest at the Average Bank Rate plus 3 percent per annum on any amount that is overdue pursuant to paragraph 3) of GC5.1, and the interest shall apply from and include the day such amount became overdue until the day prior to the date of payment.
- Interest shall be paid without demand by the Contractor except that
- in respect of amounts that are less than 15 days overdue, no interest shall be paid in respect of payment made within such 15 days unless the Contractor so demands after such amounts have become due and payable; and
- interest shall not be payable or paid on overdue advance payments, if any.
GC5.12 (2007-05-25) Interest on Settled Claims
- For the purposes of this clause, a claim means a disputed amount subject to negotiation between Canada and the Contractor under the Contract.
- A claim is deemed to have been settled when an agreement in writing is signed by Canada and the Contractor setting out the amount of the claim to be paid by Canada and the items of work for which the said amount is to be paid.
- A settled claim is deemed to be outstanding from the day immediately following the date the said claim would have been due and payable under the Contract had it not been disputed.
- Canada shall pay to the Contractor simple interest on the amount of a settled claim at the Average Bank Rate plus 3 percent per annum from the date the settled claim was deemed to be outstanding until the day prior to the date of payment.
GC5.13 (2007-05-25) Return of Security Deposit
- After a Certificate of Substantial Performance has been issued, and if the Contractor is not in breach of nor in default under the Contract, Canada shall return to the Contractor all or any part of a Security Deposit that, in the opinion of Canada, is not required for the purposes of the Contract.
- After a Certificate of Completion has been issued, Canada shall return to the Contractor the remainder of any security deposit unless the Contract stipulates otherwise.
- If the security deposit was paid into the Consolidated Revenue Fund of Canada, Canada shall pay interest thereon to the Contractor at a rate established pursuant to section21(2) of the Financial Administration Act (FAA).
2016-01-28SupersededR2850DARCHIVED General Condition (GC) 5 - Terms of Payment >100K - Construction Services
2015-02-25SupersededR2850DARCHIVED General Condition (GC) 5 - Terms of Payment
2014-06-26SupersededR2850DARCHIVED General Condition (GC) 5 - Terms of Payment
2010-01-11SupersededR2850DARCHIVED General Condition (GC) 5 - Terms of Payment
2008-12-12SupersededR2850DARCHIVED GC5 - Terms of Payment
2008-05-12SupersededR2850DARCHIVED GC5 - Terms of Payment
2007-05-25SupersededR2850DARCHIVED GC5 - Terms of Payment
R2860D
Effective Date
Item Status
ID
Title
2019-05-30ActiveR2860DGeneral Condition (GC) 6 - Delays and Changes in the Work – Construction Services
Remarks – Recommended Use of SACC Item
For PWGSC use only, other departments are to use R2865D.
Legal text for SACC item
GC6.1 (2008-05-12) Changes in the Work
- At any time before issuance of a Certificate of Completion, Canada may issue orders for additions, deletions or other changes to the Work, or changes in the location or position of the whole or any part of the Work, if the addition, deletion, change or other revision is deemed by Canada to be consistent with the general intent of the Contract.
- An order referred to in paragraph 1) of GC6.1 shall be in writing and given to the Contractor in accordance with GC2.3, "Notices".
- Upon receipt of an order, the Contractor shall promptly perform the work in accordance with the order as if the order had appeared in and been part of the original Contract.
- If anything done or omitted by the Contractor pursuant to an order increases or decreases the cost of the Work to the Contractor, payment for the work shall be made in accordance with GC6.4, "Determination of Price".
GC6.2 (2008-05-12) Changes in Subsurface Conditions
- If, during the performance of the Work, the Contractor encounters subsurface conditions that are substantially different from the subsurface conditions described in the tender documents supplied to the Contractor, or a reasonable assumption of fact based thereon, the Contractor shall give notice to Canada immediately upon becoming aware of the situation.
- If the Contractor is of the opinion that the Contractor may incur or sustain any extra expense or any loss or damage that is directly attributable to the changed subsurface conditions, the Contractor shall within 10 days of the date the changed subsurface conditions were encountered, give Canada written notice of intention to claim for that extra expense, loss or damage.
- If the Contractor has given a notice referred to in paragraph 2) of GC6.2, the Contractor shall give Canada a written claim for extra expense, loss or damage no later than 30 days after the date that a Certificate of Substantial Performance is issued.
- A written claim referred to in paragraph 3) of GC6.2 shall contain a sufficient description of the facts and circumstances of the occurrence that is the subject of the claim to enable Canada to determine whether or not the claim is justified, and the Contractor shall supply such further and other information for that purpose as Canada requires.
- If Canada determines that a claim referred to in paragraph 3) of GC6.2 is justified, Canada shall make an extra payment to the Contractor in an amount that is calculated in accordance with GC6.4, "Determination of Price".
- If, in the opinion of Canada, the Contractor effects a saving of expenditure that is directly attributable to a substantial difference between the information relating to subsurface conditions at the site of the Work that is contained in the tender documents, or a reasonable assumption of fact based thereon, and the actual subsurface conditions encountered by the Contractor, the Contract Amount shall be reduced by the amount of the saving of expenditure determined in accordance with GC6.4, "Determination of Price".
- If the Contractor fails to give a notice referred to in paragraph 2) of GC6.2 and a claim referred to in paragraph 3) of GC6.2 within the times stipulated, an extra payment shall not be made to the Contractor in respect of the occurrence.
- Canada does not warrant the content expressed in any subsurface report available for the perusal of the Contractor that does not form part of the tender and contract documents.
GC6.3 (2008-05-12) Human Remains, Archaeological Remains and Items of Historical or Scientific Interest
- For the purposes of this clause
- "human remains" means the whole or any part of a deceased human being, irrespective of the time of death;
- "archaeological remains" are items, artefacts or things made, modified or used by human beings in antiquity and may include, but not be limited to, stone, wood or iron structures or monuments, dump deposits, bone artefacts, weapons, tools, coins, and pottery; and
- "items of historical or scientific interest" are naturally occurring or manufactured objects or things of any age that are not archaeological remains but may be of interest to society because of their historical or scientific significance, value, rarity, natural beauty, or other quality.
- If, during the course of the Work, the Contractor encounters any object, item or thing which is described in paragraph 1) of GC6.3 or which resembles any object, item or thing described in paragraph 1) of GC6.3, the Contractor shall
- take all reasonable steps, including stopping work in the affected area, to protect and preserve the object, item or thing;
- immediately notify Canada of the circumstances in writing; and
- take all reasonable steps to minimize additional costs that may accrue as a result of any work stoppage.
- Upon receipt of a notification in accordance with subparagraph 2)(b) of GC6.3, Canada shall promptly determine whether the object, item or thing is one described in, or contemplated by paragraph 1) of GC6.3, and shall notify the Contractor in writing of any action to be performed, or work to be carried out, by the Contractor as a result of Canada's determination.
- Canada may, at any time, enlist the services of experts to assist in the investigation, examination, taking of measurements or other such recordings, placing of permanent protection around or removing of the object, item or thing encountered by the Contractor, and the Contractor shall, to the satisfaction of Canada, allow them access and co-operate with them in the carrying out of their duties and obligations.
- Human remains, archaeological remains and items of historical or scientific interest encountered at the site of the Work shall be deemed to be the property of Canada.
- Except as may be otherwise provided for in the Contract, the provisions of GC6.4, "Determination of Price", and GC6.5, "Delays and Extension of Time", shall apply.
GC6.4 (2013-04-25) Determination of Price
GC6.4.1 Price Determination Prior to Undertaking Changes
- If a Lump Sum Arrangement applies to the Contract or a part thereof, the price of any change shall be the aggregate estimated cost of labour, Plant and Material that is required for the change as agreed upon in writing by the Contractor and Canada plus an allowance for supervision, co-ordination, administration, overhead, margin and the risk of undertaking the work within the stipulated amount, which allowance shall be equal to
- 20 percent of the aggregate costs referred to herein for that portion of the Work done by the Contractor's own forces, if the aggregate cost of the Work does not exceed $50,000;
- 15 percent of the aggregate costs referred to herein for that portion of the Work that is done by subcontract, if the aggregate cost of the Work does not exceed $50,000; or
- a negotiated percentage of the aggregate costs referred to herein or a negotiated amount
- if the aggregate cost of the Work exceeds $50,000; or
- if the Contractor and Canada agree in writing.
- If a Unit Price Arrangement applies to the Contract or a part thereof, the Contractor and Canada may, by agreement in writing, add items, units of measurement, estimated quantities and prices per unit to the Unit Price Table.
- A price per unit referred to in paragraph 2) of GC6.4.1 shall be determined on the basis of the aggregate estimated cost of labour, Plant and Material that is required for the additional item as agreed upon by the Contractor and Canada, plus an allowance determined in accordance with paragraph 1) of GC6.4.1.
- To facilitate approval of the price of the change or the additional price per unit as applicable, the Contractor shall submit a cost estimate breakdown identifying, as a minimum, the estimated cost of labour, Plant, Material, each subcontract amount, and the amount of the allowance.
- If no agreement is reached as contemplated in paragraph 1) of GC6.4.1, the price shall be determined in accordance with GC6.4.2.
- If no agreement is reached, as contemplated in paragraphs 2) and 3) of GC6.4.1, Canada shall determine the class and the unit of measurement of the item of labour, Plant or Material and the price per unit shall be determined in accordance with GC6.4.2.
GC6.4.2 Price Determination Following Completion of Changes
- If it is not possible to predetermine, or if there is failure to agree upon the price of a change in the Work, the price of the change shall be equal to the aggregate of
- all reasonable and proper amounts actually expended or legally payable by the Contractor in respect of the labour, Plant and Material that fall within one of the classes of expenditure described in paragraph 2) of GC6.4.2, that are directly attributable to the performance of the Contract;
- an allowance for profit and all other expenditures or costs, including overhead, general administration costs, financing and interest charges, in an amount that is equal to 10 percent of the sum of the expenses referred to in subparagraph 1)(a) of GC6.4.2; and
- interest on the amounts determined under subparagraphs 1)(a) and 1)(b) of GC6.4.2 calculated in accordance with GC5.12, "Interest on Settled Claims";
- The cost of labour, Plant and Material referred to in subparagraph 1)(a) of GC6.4.2 shall be limited to the following categories of expenditure:
- payments to Subcontractors and Suppliers;
- wages, salaries, bonuses and, if applicable, travel and lodging expenses of employees of the Contractor located at the site of the Work and that portion of wages, salaries, bonuses and, if applicable, travel and lodging expenses of personnel of the Contractor generally employed at the head office or at a general office of the Contractor provided they are actually and properly engaged on the Work under the Contract;
- assessments payable under any statutory authority relating to workers' compensation, employment insurance, pension plan or holidays with pay, provincial health or insurance plans, environmental reviews, and Applicable Taxes collection costs;
- rent that is paid for Plant, or an amount equivalent to the said rent if the Plant is owned by the Contractor, that is necessary for and used in the performance of the Work, if the rent or the equivalent amount is reasonable and use of that Plant has been approved by Canada;
- payments for maintaining and operating Plant necessary for and used in the performance of the Work, and payments for effecting repairs thereto that, in the opinion of Canada, are necessary for the proper performance of the Contract, other than payments for any repairs to the Plant arising out of defects existing before its allocation to the Work;
- payments for Material that is necessary for and incorporated in the Work, or that is necessary for and consumed in the performance of the Contract;
- payments for preparation, delivery, handling, erection, installation, inspection, protection and removal of the Plant and Material necessary for and used in the performance of the Contract; and
- any other payments made by the Contractor with the approval of Canada that are necessary for the performance of the Contract in accordance with the Contract Documents.
GC6.4.3 Price Determination - Variations in Tendered Quantities
- Except as provided in paragraphs 2), 3), 4) and 5) of GC6.4.3, if it appears that the final quantity of labour, Plant and Material under a price per unit item shall exceed or be less than the estimated tendered quantity, the Contractor shall perform the Work or supply the Plant and Material required to complete the item and payment shall be made for the actual Work performed or Plant and Material supplied at the price per unit set out in the Contract.
- If the final quantity of the price per unit item exceeds the estimated tendered quantity by more than 15 percent, either party to the Contract may make a written request to the other party to negotiate an amended price per unit for that portion of the item which exceeds 115 percent of the estimated tendered quantity, and to facilitate approval of any amended price per unit, the Contractor shall, on request, provide Canada with
- detailed records of the actual cost to the Contractor of performing or supplying the tendered quantity for the price per unit item up to the time the negotiation was requested; and
- the estimated unit cost of labour, Plant and Material required for the portion of the item that is in excess of 115 percent of the tendered quantity.
- If agreement is not reached as contemplated in paragraph 2) of GC6.4.3, the price per unit shall be determined in accordance with GC6.4.2.
- If it appears that the final quantity of labour, Plant and Material under a price per unit item shall be less than 85 percent of the estimated tendered quantity, either party to the Contract may make a written request to the other party to negotiate a change to the price per unit for the item if
- there is a demonstrable difference between the unit cost to the Contractor of performing or supplying the estimated tendered quantity and the unit cost to the Contractor for performing or supplying the final quantity; and
- the difference in unit cost is due solely to the decrease in quantity and not to any other cause.
- For the purposes of the negotiation referred to in paragraph 4) of GC6.4.3
- the onus of establishing, justifying and quantifying a proposed change lies with the party making the request for negotiation; and
- in no event shall the total price for an item that has been amended as a result of a reduction in quantity pursuant to paragraph 4) of GC6.4.3 exceed the amount that would have been payable to the Contractor had 85 percent of the tendered quantity actually been performed or supplied.
GC6.5 (2008-05-12) Delays and Extension of Time
- Upon application of the Contractor made before the date first fixed for completion of the Work or before any other date previously fixed under this clause, Canada may extend the time for completion of the Work by fixing a new date if Canada determines that causes beyond the control of the Contractor have delayed its completion.
- The Contractor's application shall be accompanied by the written consent of the bonding company whose bond forms part of the Contract Security.
- Subject to paragraph 4) of GC6.5, no payment, other than a payment that is expressly stipulated in the Contract, shall be made by Canada to the Contractor for any extra expense, loss or damage incurred or sustained by the Contractor due to delay, whether or not the delay is caused by circumstances beyond the control of the Contractor.
- If the Contractor incurs or sustains any extra expense or any loss or damage that is directly attributable to any neglect or delay that occurs after the date of the Contract on the part of Canada in providing any information or in doing any act that the Contract either expressly requires Canada to do or that would ordinarily be done by an owner in accordance with the practice of the trade, the Contractor shall give Canada written notice of intention to claim for that extra expense or loss or damage within ten working days of the date the neglect or delay first occurred.
- When the Contractor has given a notice referred to in paragraph 4) of GC6.5, the Contractor shall give Canada a written claim for the extra expense, loss or damage no later than 30 days after the date that a Certificate of Completion is issued and not afterwards.
- A written claim referred to in paragraph 5) of GC6.5 shall contain a sufficient description of the facts and circumstances of the occurrence that is the subject of the claim to enable Canada to determine whether or not the claim is justified and the Contractor shall supply such further and other information for that purpose as Canada may require.
- If Canada determines that a claim referred to in paragraph 5) of GC6.5 is justified, Canada shall make an extra payment to the Contractor in an amount that is calculated in accordance with GC6.4, "Determination of Price".
- If the Contractor fails to give a notice referred to in paragraph 4) and a claim referred to in paragraph 5) of GC6.5 within the times stipulated, an extra payment shall not be made to the Contractor in respect of the occurrence.
2016-01-28SupersededR2860DARCHIVED General Condition (GC) 6 - Delays and Changes in the Work – Construction Services
2013-04-25SupersededR2860DARCHIVED General Condition (GC) 6 - Delays and Changes in the Work
2012-07-16SupersededR2860DARCHIVED General Condition (GC) 6 - Delays and Changes in the Work
2008-05-12SupersededR2860DARCHIVED GC6 - Delays and Changes in the Work
2007-05-25SupersededR2860DARCHIVED GC6 - Delays and Changes in the Work
R2865D
Effective Date
Item Status
ID
Title
2019-05-30ActiveR2865DGeneral Condition (GC) 6 - Delays and Changes in the Work – Construction Services
Remarks – Recommended Use of SACC Item
This clause is for optional use by other government departments. R2860D is used for PWGSC contracts.
Legal text for SACC item
GC6.1 (2008-05-12) Changes in the Work
- At any time before issuance of a Certificate of Completion, Canada may issue orders for additions, deletions or other changes to the Work, or changes in the location or position of the whole or any part of the Work, if the addition, deletion, change or other revision is deemed by Canada to be consistent with the general intent of the Contract.
- An order referred to in paragraph 1) of GC6.1 shall be in writing and given to the Contractor in accordance with GC2.3, "Notices".
- Upon receipt of an order, the Contractor shall promptly perform the work in accordance with the order as if the order had appeared in and been part of the original Contract.
- If anything done or omitted by the Contractor pursuant to an order increases or decreases the cost of the Work to the Contractor, payment for the work shall be made in accordance with GC6.4, "Determination of Price".
GC6.2 (2008-05-12) Changes in Subsurface Conditions
- If, during the performance of the Work, the Contractor encounters subsurface conditions that are substantially different from the subsurface conditions described in the tender documents supplied to the Contractor, or a reasonable assumption of fact based thereon, the Contractor shall give notice to Canada immediately upon becoming aware of the situation.
- If the Contractor is of the opinion that the Contractor may incur or sustain any extra expense or any loss or damage that is directly attributable to the changed subsurface conditions, the Contractor shall within 10 days of the date the changed subsurface conditions were encountered, give Canada written notice of intention to claim for that extra expense, loss or damage.
- If the Contractor has given a notice referred to in paragraph 2) of GC6.2, the Contractor shall give Canada a written claim for extra expense, loss or damage no later than 30 days after the date that a Certificate of Substantial Performance is issued.
- A written claim referred to in paragraph 3) of GC6.2 shall contain a sufficient description of the facts and circumstances of the occurrence that is the subject of the claim to enable Canada to determine whether or not the claim is justified, and the Contractor shall supply such further and other information for that purpose as Canada requires.
- If Canada determines that a claim referred to in paragraph 3) of GC6.2 is justified, Canada shall make an extra payment to the Contractor in an amount that is calculated in accordance with GC6.4, "Determination of Price".
- If, in the opinion of Canada, the Contractor effects a saving of expenditure that is directly attributable to a substantial difference between the information relating to subsurface conditions at the site of the Work that is contained in the tender documents, or a reasonable assumption of fact based thereon, and the actual subsurface conditions encountered by the Contractor, the Contract Amount shall be reduced by the amount of the saving of expenditure determined in accordance with GC6.4, "Determination of Price".
- If the Contractor fails to give a notice referred to in paragraph 2) of GC6.2 and a claim referred to in paragraph 3) of GC6.2 within the times stipulated, an extra payment shall not be made to the Contractor in respect of the occurrence.
- Canada does not warrant the content expressed in any subsurface report available for the perusal of the Contractor that does not form part of the tender and contract documents.
GC6.3 (2008-05-12) Human Remains, Archaeological Remains and Items of Historical or Scientific Interest
- For the purposes of this clause
- "human remains" means the whole or any part of a deceased human being, irrespective of the time of death;
- "archaeological remains" are items, artefacts or things made, modified or used by human beings in antiquity and may include, but not be limited to, stone, wood or iron structures or monuments, dump deposits, bone artefacts, weapons, tools, coins, and pottery; and
- "items of historical or scientific interest" are naturally occurring or manufactured objects or things of any age that are not archaeological remains but may be of interest to society because of their historical or scientific significance, value, rarity, natural beauty, or other quality.
- If, during the course of the Work, the Contractor encounters any object, item or thing which is described in paragraph 1) of GC6.3 or which resembles any object, item or thing described in paragraph 1) of GC6.3, the Contractor shall
- take all reasonable steps, including stopping work in the affected area, to protect and preserve the object, item or thing;
- immediately notify Canada of the circumstances in writing; and
- take all reasonable steps to minimize additional costs that may accrue as a result of any work stoppage.
- Upon receipt of a notification in accordance with subparagraph 2)(b) of GC6.3, Canada shall promptly determine whether the object, item or thing is one described in, or contemplated by paragraph 1) of GC6.3, and shall notify the Contractor in writing of any action to be performed, or work to be carried out, by the Contractor as a result of Canada's determination.
- Canada may, at any time, enlist the services of experts to assist in the investigation, examination, taking of measurements or other such recordings, placing of permanent protection around or removing of the object, item or thing encountered by the Contractor, and the Contractor shall, to the satisfaction of Canada, allow them access and co-operate with them in the carrying out of their duties and obligations.
- Human remains, archaeological remains and items of historical or scientific interest encountered at the site of the Work shall be deemed to be the property of Canada.
- Except as may be otherwise provided for in the Contract, the provisions of GC6.4, "Determination of Price", and GC6.5, "Delays and Extension of Time", shall apply.
GC6.4 (2013-04-25) Determination of Price
GC6.4.1 Price Determination Prior to Undertaking Changes
- If a Lump Sum Arrangement applies to the Contract or a part thereof, the price of any change shall be the aggregate estimated cost of labour, Plant and Material that is required for the change as agreed upon in writing by the Contractor and Canada plus a negotiated allowance for supervision, co-ordination, administration, overhead, margin and the risk of undertaking the work within the stipulated amount.
- If a Unit Price Arrangement applies to the Contract or a part thereof, the Contractor and Canada may, by agreement in writing, add items, units of measurement, estimated quantities and prices per unit to the Unit Price Table.
- A price per unit referred to in paragraph 2) of GC6.4.1 shall be determined on the basis of the aggregate estimated cost of labour, Plant and Material that is required for the additional item as agreed upon by the Contractor and Canada, plus a negotiated allowance.
- To facilitate approval of the price of the change or the additional price per unit as applicable, the Contractor shall submit a cost estimate breakdown identifying, as a minimum, the estimated cost of labour, Plant, Material, each subcontract amount, and the amount of the negotiated allowance.
- If no agreement is reached as contemplated in paragraph 1) of GC6.4.1, the price shall be determined in accordance with GC6.4.2.
- If no agreement is reached, as contemplated in paragraphs 2) and 3) of GC6.4.1, Canada shall determine the class and the unit of measurement of the item of labour, Plant or Material and the price per unit shall be determined in accordance with GC6.4.2.
GC6.4.2 Price Determination Following Completion of Changes
- If it is not possible to predetermine, or if there is failure to agree upon the price of a change in the Work, the price of the change shall be equal to the aggregate of
- all reasonable and proper amounts actually expended or legally payable by the Contractor in respect of the labour, Plant and Material that fall within one of the classes of expenditure described in paragraph 2) of GC6.4.2, that are directly attributable to the performance of the Contract;
- an allowance for profit and all other expenditures or costs, including overhead, general administration costs, financing and interest charges, in an amount that is equal to 10 percent of the sum of the expenses referred to in subparagraph 1)(a) of GC6.4.2; and
- interest on the amounts determined under subparagraphs 1)(a) and 1)(b) of GC6.4.2 calculated in accordance with GC5.12, "Interest on Settled Claims";
- The cost of labour, Plant and Material referred to in subparagraph 1)(a) of GC6.4.2 shall be limited to the following categories of expenditure:
- payments to Subcontractors and Suppliers;
- wages, salaries, bonuses and, if applicable, travel and lodging expenses of employees of the Contractor located at the site of the Work and that portion of wages, salaries, bonuses and, if applicable, travel and lodging expenses of personnel of the Contractor generally employed at the head office or at a general office of the Contractor provided they are actually and properly engaged on the Work under the Contract;
- assessments payable under any statutory authority relating to workers' compensation, employment insurance, pension plan or holidays with pay, provincial health or insurance plans, environmental reviews, and Applicable Taxes collection costs;
- rent that is paid for Plant, or an amount equivalent to the said rent if the Plant is owned by the Contractor, that is necessary for and used in the performance of the Work, if the rent or the equivalent amount is reasonable and use of that Plant has been approved by Canada;
- payments for maintaining and operating Plant necessary for and used in the performance of the Work, and payments for effecting repairs thereto that, in the opinion of Canada, are necessary for the proper performance of the Contract, other than payments for any repairs to the Plant arising out of defects existing before its allocation to the Work;
- payments for Material that is necessary for and incorporated in the Work, or that is necessary for and consumed in the performance of the Contract;
- payments for preparation, delivery, handling, erection, installation, inspection, protection and removal of the Plant and Material necessary for and used in the performance of the Contract; and
- any other payments made by the Contractor with the approval Canada that are necessary for the performance of the Contract in accordance with the Contract Documents.
GC6.4.3 Price Determination - Variations in Tendered Quantities
- Except as provided in paragraphs 2), 3), 4) and 5) of GC6.4.3, if it appears that the final quantity of labour, Plant and Material under a price per unit item shall exceed or be less than the estimated tendered quantity, the Contractor shall perform the Work or supply the Plant and Material required to complete the item and payment shall be made for the actual Work performed or Plant and Material supplied at the price per unit set out in the Contract.
- If the final quantity of the price per unit item exceeds the estimated tendered quantity by more than 15 percent, either party to the Contract may make a written request to the other party to negotiate an amended price per unit for that portion of the item which exceeds 115 percent of the estimated tendered quantity, and to facilitate approval of any amended price per unit, the Contractor shall, on request, provide Canada with
- detailed records of the actual cost to the Contractor of performing or supplying the tendered quantity for the price per unit item up to the time the negotiation was requested; and
- the estimated unit cost of labour, Plant and Material required for the portion of the item that is in excess of 115 percent of the tendered quantity.
- If agreement is not reached as contemplated in paragraph 2) of GC6.4.3, the price per unit shall be determined in accordance with GC6.4.2.
- If it appears that the final quantity of labour, Plant and Material under a price per unit item shall be less than 85 percent of the estimated tendered quantity, either party to the Contract may make a written request to the other party to negotiate a change to the price per unit for the item if
- there is a demonstrable difference between the unit cost to the Contractor of performing or supplying the estimated tendered quantity and the unit cost to the Contractor for performing or supplying the final quantity; and
- the difference in unit cost is due solely to the decrease in quantity and not to any other cause.
- For the purposes of the negotiation referred to in paragraph 4) of GC6.4.3
- the onus of establishing, justifying and quantifying a proposed change lies with the party making the request for negotiation; and
- in no event shall the total price for an item that has been amended as a result of a reduction in quantity pursuant to paragraph 4) of GC6.4.3 exceed the amount that would have been payable to the Contractor had 85 percent of the tendered quantity actually been performed or supplied.
GC6.5 (2008-05-12) Delays and Extension of Time
- Upon application of the Contractor made before the date first fixed for completion of the Work or before any other date previously fixed under this clause, Canada may extend the time for completion of the Work by fixing a new date if Canada determines that causes beyond the control of the Contractor have delayed its completion.
- The Contractor's application shall be accompanied by the written consent of the bonding company whose bond forms part of the Contract Security.
- Subject to paragraph 4) of GC6.5, no payment, other than a payment that is expressly stipulated in the Contract, shall be made by Canada to the Contractor for any extra expense, loss or damage incurred or sustained by the Contractor due to delay, whether or not the delay is caused by circumstances beyond the control of the Contractor.
- If the Contractor incurs or sustains any extra expense or any loss or damage that is directly attributable to any neglect or delay that occurs after the date of the Contract on the part of Canada in providing any information or in doing any act that the Contract either expressly requires Canada to do or that would ordinarily be done by an owner in accordance with the practice of the trade, the Contractor shall give Canada written notice of intention to claim for that extra expense or loss or damage within ten working days of the date the neglect or delay first occurred.
- When the Contractor has given a notice referred to in paragraph 4) of GC6.5, the Contractor shall give Canada a written claim for the extra expense, loss or damage no later than 30 days after the date that a Certificate of Completion is issued and not afterwards.
- A written claim referred to in paragraph 5) of GC6.5 shall contain a sufficient description of the facts and circumstances of the occurrence that is the subject of the claim to enable Canada to determine whether or not the claim is justified and the Contractor shall supply such further and other information for that purpose as Canada may require.
- If Canada determines that a claim referred to in paragraph 5) of GC6.5 is justified, Canada shall make an extra payment to the Contractor in an amount that is calculated in accordance with GC6.4, "Determination of Price".
- If the Contractor fails to give a notice referred to in paragraph 4) and a claim referred to in paragraph 5) of GC6.5 within the times stipulated, an extra payment shall not be made to the Contractor in respect of the occurrence.
2016-01-28SupersededR2865DARCHIVED General Condition (GC) 6 - Delays and Changes in the Work – Construction Services
2013-04-25SupersededR2865DARCHIVED General Condition (GC) 6 - Delays and Changes in the Work
2008-05-12SupersededR2865DARCHIVED General Condition (GC) 6 - Delays and Changes in the Work
2007-05-25SupersededR2865DARCHIVED GC6 - Delays and Changes in the Work
R2870D
Effective Date
Item Status
ID
Title
2018-06-21ActiveR2870DGeneral Condition (GC) 7 - Default, Suspension or Termination of Contract
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC7.1 (2008-05-12) Taking the Work out Of the Contractor's Hands
- By giving notice in writing to the Contractor in accordance with GC2.3, "Notices", Canada, without any other authorization, may take all or any part of the Work out of the Contractor's hands, and may employ such means as Canada sees fit to have the Work completed if the Contractor
- fails to remedy any delay in the commencement or default in the diligent performance of the Work to the satisfaction of Canada within six days of Canada giving notice to the Contractor in writing in accordance with GC2.3, "Notices";
- defaults in the completion of any part of the Work within the time fixed for its completion by the Contract;
- becomes insolvent, or has committed an act of bankruptcy, and has neither made a proposal to its creditors nor filed a notice of intention to make such a proposal, pursuant to the Bankruptcy and Insolvency Act;
- abandons the work;
- makes an assignment of the Contract without the consent required by GC1.16, "Assignment", or
- otherwise fails to observe or perform any of the provisions of the Contract.
- If the whole or any part of the Work is taken out of the Contractor's hands, the Contractor's right to any further payment that is due or accruing due under the Contract is, subject only to paragraph 3) of GC7.1, extinguished, and the Contractor is liable to pay Canada, upon demand, an amount that is equal to the amount of all loss and damage incurred or sustained by Canada in respect of the Contractor's failure to complete the Work.
- If the whole or any part of the Work that is taken out of the Contractor's hands is completed by Canada, Canada may pay the Contractor the amount, if any, of the holdback or a progress claim as determined by Canada that had accrued and was due prior to the date on which the Work was taken out of the Contractor's hands and that is not required for the purposes of having the Work performed or of compensating Canada for any other loss or damage incurred or sustained by reason of the Contractor's default.
- The taking of the Work or any part thereof out of the Contractor's hands does not relieve the Contractor from any obligation under the Contract or imposed by law except the obligation to complete the performance of that part of the Work that was taken out of the Contractor's hands.
- If the Work or any part thereof is taken out of the Contractor's hands, all Plant and Material and the interest of the Contractor, or its suppliers or subcontractors at any tier, in all real property, licences, powers and privileges acquired, used or provided by the Contractor, or its suppliers or subcontractors at any tier, under the Contract shall continue to be the property of Canada without compensation.
- When Canada certifies that any Plant, Material, or any interest of the Contractor is no longer required for the purposes of the Work, or that it is not in the interests of Canada to retain that Plant, Material, or interest, it shall revert to the Contractor.
- If the Contractor has become insolvent or has committed an act of bankruptcy, and has either made a proposal to its creditors or filed a notice of intention to make such a proposal, pursuant to the Bankruptcy and Insolvency Act, the Contractor shall immediately forward a copy of the proposal or the notice of intention to Canada.
GC7.2 (2018-06-21) Suspension of Work
- When, in Canada's opinion, it is in the public interest to do so, Canada may require the Contractor to suspend performance of the Work either for a specified or an unspecified period, by giving a notice of suspension in writing to the Contractor in accordance with GC2.3, "Notices".
- When a notice of suspension is received by the Contractor, the Contractor shall suspend all operations in respect of the Work except those that Canada determines are necessary for the care and preservation of the Work, Plant and Material.
- During a period of suspension, the Contractor shall not remove any part of the Work, Plant or Material from its site without the consent of Canada.
- If a period of suspension is 60 days or less, the Contractor shall resume the performance of the Work on the expiration of that period, and the Contractor is entitled to be paid the extra costs necessarily incurred by the Contractor as a result of the suspension, determined in accordance with GC6.4, "Determination of Price".
- If a period of suspension is more than 60 days, Canada and the Contractor may agree that the performance of the Work shall be continued by the Contractor, and the Contractor shall resume performance of the Work subject to any terms and conditions, solely related to resuming the work agreed upon by Canada and the Contractor. Canada will pay the extra costs reasonably incurred by the Contractor as a result of the suspension, determined in accordance with GC6.4, "Determination of Price”. If Canada and the Contractor do not agree that performance of the Work shall be continued by the Contractor, or upon the terms and conditions under which the Contractor shall continue the Work, or the amount of any extra costs to be paid, the notice of suspension shall be deemed to be a notice of termination pursuant to GC7.3, "Termination of Contract".
GC7.3 (2007-05-25) Termination of Contract
- Canada may terminate the Contract at any time by giving a notice of termination in writing to the Contractor in accordance with GC2.3, "Notices".
- If the Contractor receives a notice of termination, the Contractor shall forthwith cease all operations in performance of the Contract, subject to any conditions stipulated in the notice.
- Subject to paragraph 4) of GC7.3, if the Contract is terminated, Canada shall pay the Contractor an amount determined to be due to the Contractor pursuant to GC6.4, "Determination of Price", less the aggregate of all amounts that were paid to the Contractor by Canada and all amounts that are due to Canada from the Contractor pursuant to the Contract.
- In no event shall the total amount payable by Canada to the Contractor exceed the amount, calculated in accordance with GC5, "Terms of Payment", that would have been payable to the Contractor had the Contractor completed the Work.
- Payment to the Contractor, if any, shall be made as soon as practicable under the circumstances.
GC7.4 (2008-05-12) Security Deposit - Forfeiture or Return
- If the Work is taken out of the Contractor's hands, or the Contractor is in breach of, or in default under, the Contract, Canada may convert a security deposit to Canada's own use.
- If Canada converts a security deposit, the amount realized shall be deemed to be an amount due from Canada to the Contractor under the Contract.
- Any balance of the amount realized that remains after payment of all losses, damage and claims of Canada and others shall be paid by Canada to the Contractor if, in the opinion of Canada, it is not required for the purposes of the Contract.
2008-05-12SupersededR2870DARCHIVED General Condition (GC) 7 - Default, Suspension or Termination of Contract
2007-05-25SupersededR2870DARCHIVED GC7 - Default, Suspension or Termination of Contract
R2880D
Effective Date
Item Status
ID
Title
2019-11-28ActiveR2880DGeneral Condition (GC) 8 - Dispute Resolution - 100K to 5M - Construction Services
Remarks – Recommended Use of SACC Item
This clause is generally used for contracts with an estimated value between $100,000 and $5,000,000.
Legal text for SACC item
- GC8.1 Interpretation
- GC8.2 Consultation and Co-operation
- GC8.3 Notice of Dispute
- GC8.4 Negotiation
- GC8.5 Mediation
- GC8.6 Binding Arbitration
- GC8.7 Disputes not Subject to Arbitration
- GC8.8 Confidentiality
- GC8.9 Settlement
- GC8.10 Rules for Mediation of Disputes
- GC8.10.1 Interpretation
- GC8.10.2 Application
- GC8.10.3 Communication
- GC8.10.4 Appointment of Project Mediator
- GC8.10.5 Confidentiality
- GC8.10.6 Time and Place of Mediation
- GC8.10.7 Representation
- GC8.10.8 Procedure
- GC8.10.9 Settlement Agreement
- GC8.10.10 Termination of Mediation
- GC8.10.11 Costs
- GC8.10.12 Subsequent Proceedings
- GC8.11 Rules for Arbitration of Disputes
- GC8.11.1 Interpretation
- GC8.11.2 Arbitration Tribunal
- GC8.11.3 Application
- GC8.11.4 Initiation of Proceedings
- GC8.11.5 Appointment of Tribunal
- GC8.11.6 Preliminary Meeting
- GC8.11.7 Communications
- GC8.11.8 Representation
- GC8.11.9 Conduct of Proceedings
- GC8.11.10 Place of Arbitration
- GC8.11.11 Time Limitations
- GC8.11.12 Statement of Claim and Defence
- GC8.11.13 Further Written Statements
- GC8.11.14 Agreed Statement of Facts
- GC8.11.15 Evidence
- GC8.11.16 Hearings
- GC8.11.17 Default
- GC8.11.18 Arbitral Decision
GC8.1 (2019-11-28) Interpretation
- In these Dispute Resolution, an "arbitral question of law" means a question of law that
- is capable of determination by arbitration under the laws of Canada;
- does not involve interpretation or application of public law of Canada, including without limitation any matter of constitutional, administrative, criminal or tax law; and
- concerns
- the formation, validity, interpretation, application or enforceability of the Contract;
- the performance, breach, termination or other discharge of the Contract;
- the rights, duties, obligations or remedies of parties created by or pursuant to the Contract; or
- any other issue of private law that may arise between parties relative to performance of the Contract.
- "dispute" means any disagreement regarding any issue identified by the Contractor in the notice submitted to Canada in accordance with paragraph 2) of GC8. 3, "Notice of Dispute", and includes any claim by the Contractor arising from such disagreement and any counterclaim by Canada, but does not include any claim by either party for punitive or exemplary damages, injury to persons, death, or any claim based on an allegation of libel or slander; and
- The alternative dispute resolution procedures set out in GC8, do not apply to any claim by Canada against the Contractor except any counterclaim in a dispute as defined in paragraph 2) of GC8.1, including, but not limited to, any claim of setoff regarding any amount due to Canada under GC5.10, "Assessments and Damages for Late Completion".
GC8.2 (2019-11-28) Consultation and Co-operation
- The parties agree to maintain open and honest communication throughout the performance of the Contract.
- The parties agree to consult and co-operate with each other in the furtherance of the Work and the resolution of problems or disagreements that may arise.
GC8.3 (2019-11-28) Notice of Dispute
- Any disagreement between the parties to the Contract of any nature arising out of or in connection with the Contract which could result in a claim by the Contractor against Canada, and which is not settled by consultation and co-operation as envisaged in GC8.2, "Consultation and Co-operation", shall be resolved in the first instance by Canada, whose written decision or direction shall be final and binding subject only to the provisions of GC8. Such written decision or direction includes, but is not limited to, any written decision or direction by Canada under any provision of the General Conditions.
- The Contractor shall be deemed to have accepted the decision or direction of Canada referred to in paragraph 1) of GC8.3 and to have expressly waived and released Canada from any claim in respect of the particular matter dealt with in that decision or direction unless, within 15 working days after receipt of the decision or direction, the Contractor submits to Canada a written notice of dispute requesting formal negotiation under GC8.4, "Negotiation". Such notice shall refer specifically to GC8.4, "Negotiation", and shall specify the issues in contention and the relevant provisions of the Contract.
- The giving of a written notice in accordance with paragraph 2) of GC8.3 shall not relieve the Contractor from complying with the decision or direction that is the subject of the dispute. Such compliance, however, shall not be construed as an admission by the Contractor of the correctness of such decision or direction.
- If a dispute is not resolved promptly, Canada shall give such instructions as, in Canada's opinion, are necessary for the proper performance of the Work and to prevent delays pending a resolution of the matter. Unless Canada terminates the Contract, orders the Contractor to suspend the Work, or takes the Work out of the hands of the Contractor, the Contractor shall continue to perform the Work in accordance with the provisions and requirements of the Contract and the instructions of Canada. Such performance shall not prejudice any claim that the Contractor may have.
- Nothing in GC8, relieves the Contractor from its obligation to provide any other notice required by the Contract within the time specified in the Contract, including, but not limited to, any notice required under GC6.2, "Changes in Subsurface Conditions".
GC8.4 (2008-12-12) Negotiation
- Within ten (10) working days after receipt by Canada of a notice referred to in paragraph 2) of GC8.3, "Notice of Dispute", or within such other period of time as may be mutually agreed to, the parties shall commence formal negotiations in order to resolve the dispute. Negotiations shall occur initially between representatives of the Contractor and Canada who play a direct supervisory role in the performance, administration or management of the Contract.
- If the representatives referred to in paragraph 1) of GC8.4 are unable to resolve some or all of the issues which are the subject of the negotiations within 10 working days, the parties shall refer the remaining issues which are in dispute to a second level of negotiation between a principal or principals of the Contractor and a senior level manager or senior level managers representing Canada.
- If negotiations fail to resolve the dispute within 30 working days from the date of delivery of the notice referred to in paragraph 2) of GC8.3, "Notice of Dispute", or within such longer period as may have been agreed to by the parties, the Contractor may, by giving written notice to Canada, in accordance with GC2.3, "Notices", within 10 working days from the end of such period, request that mediation be undertaken to assist the parties to reach agreement on the outstanding issues.
- If the Contractor does not request mediation within the period permitted by paragraph 3) of GC8.4, the Contractor shall be deemed to have accepted the decision or direction of Canada under paragraph 1) of GC8.3 "Notice of Dispute", and to have expressly waived and released Canada from any claim in respect of the particular matter dealt with in that decision or direction.
GC8.5 (2008-05-12) Mediation
- If the Contractor has requested mediation in accordance with paragraph 3) of GC8.4, "Negotiation", mediation shall be conducted in accordance with GC8.10, "Rules for Mediation of Disputes".
- If a Project Mediator has not previously been appointed for the purposes of the Contract, a Project Mediator shall be appointed in accordance with GC8.10, "Rules for Mediation of Disputes", forthwith after delivery of a notice in accordance with paragraph 3) of GC8.4, "Negotiation", requesting mediation.
- If the dispute has not been resolved within
the Project Mediator shall terminate the mediation by giving written notice to the parties stating the effective date of termination.
- 10 working days following the appointment of a Project Mediator in accordance with paragraph 2) of GC8.5, if a Project Mediator was not previously appointed;
- 10 working days following receipt by Canada of a written notice in accordance with paragraph 3) of GC8.4, "Negotiation", if a Project Mediator was previously appointed; or
- such other longer period as may have been agreed to by the parties;
GC8.6 (2008-05-12) Binding Arbitration
- If mediation of the dispute is terminated pursuant to the provisions of GC8.5, "Mediation", and
either party, by giving notice in writing to the other party in accordance with GC2.3, "Notices", may require that the dispute be resolved by binding arbitration pursuant to GC8.6.
- the termination of mediation occurs prior to the applicable date set out in paragraph 4) of GC8.6; and
- the disputed issues involve issues of fact or issues of arbitral questions of law or issues of mixed fact and arbitral questions of law;
- A notice referred to in paragraph 1) of GC8.6 shall be given within 10 working days of the date of termination of mediation under GC8.5 Mediation and shall be in accordance with GC2.3, "Notices".
- If no notice is given within the period set out in paragraph 2) of GC8.6, or if the conditions set out in subparagraphs 1)(a) and 1)(b) of GC8.6 are not met, the arbitration provisions set out in GC8.6 do not apply to the dispute.
- Unless otherwise agreed, the arbitration of the dispute shall be held in abeyance until the earlier of
and consolidated with all other such disputes into a single arbitration.
- the date of issuance of a Certificate of Substantial Performance under GC5.5, "Substantial Performance of the Work";
- the date the Work is taken out of the Contractor's hands; and
- the date of termination of the Contract;
- Arbitral proceedings under this GC8.6 shall be governed by and conducted in accordance with the Commercial Arbitration Act, R.S. 1985, c. 17 (2nd Supp.) and the provisions of GC8.11, "Rules for Arbitration of Disputes".
- For the purposes of calculating time under the Rules for Arbitration referred to in paragraph 5) of GC8.6, arbitration proceedings shall commence on the applicable date set out in paragraph 4) of GC8.6.
- Notwithstanding anything else contained in GC8.6, the arbitration provisions in GC8.6 do not apply if the aggregate amount of all claims by the Contractor required to be arbitrated on the applicable date set out in paragraph 4) of GC8.6 is less than $25,000.
GC8.7 (2008-05-12) Disputes not Subject to Arbitration
- Where the arbitration provisions in GC8.6, "Binding Arbitration", do not apply to a dispute as a result of paragraphs 3) or 7) of GC8.6, "Binding Arbitration", either party may take such court action or proceedings as it considers appropriate, including, without limiting the foregoing, all suits that would otherwise have been immediately available to it but for the provisions of these Dispute Resolution Conditions. Subject to the provisions of paragraph 2) of GC8.7, the Contractor shall initiate any such action or proceeding no later than three calendar months after the date that a Certificate of Completion is issued under GC5.6, "Final Completion", and not afterwards, except where it is otherwise provided by law.
- Any action or proceeding resulting from a direction under GC3.13, "Warranty and Rectification of Defects in Work", shall be initiated by the Contractor no later than three calendar months after the expiry of the warranty or guarantee period and not afterwards, except where it is otherwise provided by law.
GC8.8 (2015-02-25) Confidentiality
All information exchanged during alternative dispute resolution procedures, by whatever means, shall be without prejudice and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during an alternative dispute resolution process.
GC8.9 (2015-02-25) Settlement
Any agreement to settle all or any part of a dispute, by whatever means, shall be in writing and be signed by the parties or their authorized representatives.
GC8.10 (2015-03-25) Rules for Mediation of Disputes
The following outlines the rules for the mediation of disputes.
GC8.10.1 Interpretation
In these Rules
"Coordinator" means the person designated by Canada to act as the Dispute Resolution Coordinator.
GC8.10.2 Application
By mutual agreement, the parties may change or make additions to the Rules.
GC8.10.3 Communication
Written communications pursuant to these Rules shall be given in accordance with GC2.3, "Notices".
GC8.10.4 Appointment of Project Mediator
- The parties to the Contract may, by mutual consent, at any time after entry into the Contract, appoint a mediator (the "Project Mediator") to conduct mediation proceedings in accordance with these Rules for Mediation of Disputes, in regard to any dispute that may arise with regard to the interpretation, application or administration of the Contract. In this case, they shall jointly enter into a contract with the appointed Project Mediator, which contract shall be in a form drafted by the Coordinator and agreed to by the parties.
- If the parties do not appoint a Project Mediator pursuant to paragraph 1) of GC8.10.4, the parties shall appoint a Project Mediator within 17 working days following receipt of a written notice from the Contractor, in accordance with GC2.3, "Notices", requesting that mediated negotiations be undertaken in accordance with these Rules to assist the parties to reach agreement on any outstanding issues that may be in dispute. Any contract entered into with the appointed Project Mediator shall meet the requirements as set out for the contract described in paragraph 1) of GC8.8.4.
- When mediation is requested by the Contractor pursuant to paragraph 3) of GC8.4, "Negotiation", if the parties have previously entered into a contract with a Project Mediator, the parties shall within 2 days send to both the Project Mediator and the Coordinator
- a copy of the notice requesting negotiation under paragraph 2) of GC8.3, "Notice of Dispute";
- a copy of Canada's written position in relation to the notice, the issues in contention and the relevant provisions of the contract; and
- a copy of the Contractor's written request for mediation required under paragraph 3 of GC8.4, "Negotiation".
- If the parties have not agreed on a Project Mediator, the parties shall forthwith provide the Coordinator with the written materials referred to in subparagraphs 3)(a), 3)(b) and 3)(c) of GC8.10.4 together with a request that the Coordinator assist in the appointment of a mutually acceptable Project Mediator in accordance with these Rules.
- Within 5 working days following receipt of the request and materials referred to in paragraph 4) of GC8.10.4, the Coordinator shall provide the parties with a list of qualified private sector mediators obtained from an independent and impartial entity, together with instructions to each party to individually and confidentially select and rank their preferred and fully acceptable choices of mediator in descending order. Each mediator listed shall be impartial and independent of the parties, and shall be an experienced and skilled commercial mediator, preferably with knowledge of the subject matter of the dispute.
- Within 10 working days of receipt of the list referred to in paragraph 5) of GC8.10.4 each party shall comply with the instructions accompanying the list(s) and shall deliver the completed listing to the Coordinator.
- Within 2 working days following receipt of the completed listings, the Coordinator shall select the highest common ranked mediator to act as Project Mediator for the purposes of the contract.
- In the event of a tie, the Coordinator shall consult both parties to re-evaluate their rankings in order to assist the Coordinator in selecting a Project Mediator acceptable to both parties. If the parties cannot agree upon a Project Mediator, the Coordinator shall forthwith provide the parties with a second list of mediators and the procedure shall be repeated.
- If the parties have not previously entered into a contract with a mutually acceptable Project Mediator, the Coordinator shall use reasonable efforts to negotiate a contract with a mutually acceptable Project Mediator on behalf of the parties, which contract shall incorporate or otherwise comply with the provisions of these Rules. If negotiations are unsuccessful, or if for other reason the individual is unwilling or unable to enter into a contract to act as Project Mediator, the Coordinator shall repeat the process with the second-highest common ranked mediator.
- The parties agree that, upon successful completion of the negotiations referred to in paragraph 9) of GC8.10.4, they shall jointly enter into a contract with the selected Project Mediator, which contract shall be in a form drafted by the Coordinator and agreed to by the parties.
- Upon execution of the contract with the Project Mediator referred to in paragraph 10) of GC8.10.4 the Coordinator shall provide the Project Mediator with copies of the documents referred to in paragraph 3) of GC8.10.4.
GC8.10.5 Confidentiality
- Subject to paragraph 2) of GC8.10.5, and unless otherwise agreed in writing by the parties, the Project Mediator, the parties and their counsel or representatives shall keep confidential all matters and documents disclosed during mediation proceedings except where the disclosure is necessary for any implementation of any agreement reached or is required by law.
- Evidence that is independently admissible or discoverable in any arbitral or judicial proceeding shall not be rendered inadmissible or non-discoverable by virtue of its use in mediation proceedings.
- Neither party shall make transcripts, minutes or other records of a mediation conference.
- The personal notes and written opinions of the Project Mediator made in relation to mediation are in the Project Mediator's sole possession and control, are confidential, and may not be used in any subsequent proceeding between the parties or where they are opposed in interest without the express written permission of the parties.
- All information exchanged during mediation procedures, by whatever means, shall be without prejudice and shall be treated as confidential by the parties and their representatives, unless otherwise required by law.
GC8.10.6 Time and Place of Mediation
The Project Mediator, in consultation with the parties shall set the date, time and place of any mediation conference as soon as possible, bearing in mind that, subject to agreement to the contrary between the parties, only 10 working days are available within which to attempt to settle the dispute.
GC8.10.7 Representation
- Representatives of the parties may be accompanied at the mediation conference by legal counsel or any other person.
- If the Project Mediator is a lawyer, the Project Mediator shall not provide legal advice to a party during the course of the mediation conference, but may recommend that a party obtain independent legal advice before finalizing a settlement agreement.
GC8.10.8 Procedure
- The parties agree to an exchange of all facts, information and documents upon which they intend to rely in any oral or written presentation during the mediation. This exchange shall be completed no later than 2 working days prior to the date set for a mediation conference.
- The Project Mediator shall be free to meet with the parties individually during a mediation conference if the Project Mediator is of the opinion that this may improve the chances of a mediated settlement, and either party may request such an individual meeting at any time.
- The parties may agree to extend the 10 working days available for settlement of the dispute through mediation, and the Project Mediator shall record that agreement in writing.
GC8.10.9 Settlement Agreement
- The parties shall record in writing any settlement agreement reached, with sufficient detail to ensure a clear understanding of
- the issues resolved;
- any obligations assumed by each party including criteria to determine if and when these obligations have been met; and
- the consequences of failure to comply with the agreement reached.
- The parties agree to carry out the terms of a settlement agreement as soon as possible and, in any event, within any time periods specified in the agreement.
GC8.10.10 Termination of Mediation
- Either party may withdraw from mediation at any time without reason and, in that event, the Project Mediator shall give each party a written notice terminating the mediation and establishing the effective date of termination.
- If, in the opinion of the Project Mediator, either party fails to mediate in good faith or fails to comply with the terms of these Rules, or if the Project Mediator, at any time during mediation, is of the opinion that further negotiations will fail to resolve the issues outstanding, the Project Mediator may terminate the negotiations by providing the parties with a written notice of termination, stating therein the Project Mediator's reasons for the termination, and the effective date of termination.
- If a dispute has not been resolved within 10 working days or such other longer period as may have been agreed to by the parties, the Project Mediator shall terminate the mediation by giving written notice to the parties stating the effective date of termination.
GC8.10.11 Costs
The parties agree that they will each be responsible for the costs of their own representatives and advisors and associated travel and living expenses. Fees and expenses of the Project Mediator and all administrative costs of mediation, such as the cost of the meeting room(s), if any, shall be borne equally by the parties.
GC8.10.12 Subsequent Proceedings
- The parties shall not rely on or introduce as evidence in any arbitral or judicial proceeding, whether or not such proceeding relates to the subject matter of mediation,
- any documents of other parties that are not otherwise producible in those proceedings;
- any views expressed or suggestions made by any party in respect of a possible settlement of issues;
- any admission made by any party in the course of mediation unless otherwise stipulated by the admitting party; and
- the fact that any party has indicated a willingness to make or accept a proposal or recommendation for settlement.
- The Project Mediator shall neither represent nor testify on behalf of either of the parties in any subsequent investigation, action or proceeding relating to the issues in mediation proceedings.
- The Project Mediator shall not be subpoenaed to give evidence relating to
in any subsequent investigation, action or proceeding and the parties agree to vigorously oppose any effort to have the Mediator so subpoenaed.
- the Project Mediator's role in mediation; or
- the matters or issues in mediation;
GC8.11 (2015-03-25) Rules for Arbitration of Disputes
The following outlines the rules for the arbitration of disputes.
GC8.11.1 Interpretation
In these Rules
- "claimant" means the Contractor;
- "Coordinator" means the person designated by Canada to act as the Dispute Resolution Coordinator"
- "respondent" means Canada.
GC8.11.2 Arbitration Tribunal
Subject to these Rules, and unless otherwise agreed by the parties, the arbitration tribunal shall consist of a single arbitrator ("the Tribunal") who shall be appointed in accordance with the provisions of the Rules.
GC8.11.3 Application
- By mutual agreement, the parties may change or make additions to the Rules.
- The scope of the arbitral proceedings shall be limited to the resolution of the dispute submitted to arbitration.
- The dispute shall be subject to resolution pursuant to the provisions of these Rules whether or not such resolution requires determination of a question of law if such question of law is an arbitral question of law as defined in the terms and conditions of the Contract.
- Arbitral proceedings shall be governed by and in accordance with the Commercial Arbitration Act, R.S. 1985, c. 17 (2nd Supp.), the Code referred to therein, and the provisions of these Rules, and, subject only to the provisions of the Commercial Arbitration Act, the parties agree that the determination and award of the Tribunal shall be final and binding on both parties.
- The Tribunal shall not decide the dispute ex aequo et bono or as amiable compositeur.
- The Tribunal shall decide in accordance with the terms and conditions of the Contract and shall take into account the usage of the trade applicable to the transaction.
- The costs of the Tribunal and the arbitration shall be shared equally by the parties and each party shall bear its own costs.
GC8.11.4 Initiation of Proceedings
- Either party may submit a dispute to binding arbitration pursuant to GC8.6, "Binding Arbitration", by giving notice in writing to the other party in accordance with GC2.3, "Notices".
- The notice referred to in paragraph 1) of GC8.11.4 shall contain the following:
- a brief description of the Contract;
- a statement of the issue(s) in dispute;
- a request that the dispute be referred to binding arbitration; and
- A copy of the notice referred to in paragraph 1) of GC8.11.4 shall be given to the Coordinator at the same time it is given to the other party.
- Unless otherwise agreed, the arbitration of the dispute shall be held in abeyance and consolidated with all other such disputes into a single arbitration in accordance with paragraph 4) of GC8.6, "Binding Arbitration".
GC8.11.5 Appointment of Tribunal
- No later than 10 working days following the date of commencement of arbitration proceedings as set out in paragraph 6) of GC8.6, "Binding Arbitration", the Coordinator shall assemble and provide the parties with a list of qualified private sector arbitrators obtained from an independent and impartial entity, together with instructions to each party to individually and confidentially select and rank their preferred and fully acceptable choices of arbitrator in descending order.
- Within 10 working days of receipt of the list referred to in paragraph 1) of GC8.11.5, each party shall comply with the instructions accompanying the list(s) and shall deliver the completed listing to the Coordinator.
- Within 2 working days following receipt of the completed listings, the Coordinator shall select the highest common ranked arbitrator to act as the Tribunal for the purposes of the arbitration.
- In the event of a tie, the Coordinator shall consult both parties to re-evaluate their rankings in order to assist the Coordinator in selecting a single arbitrator acceptable to both parties. If the parties cannot agree upon an arbitrator, the Coordinator shall forthwith provide the parties with a second list of arbitrators and the procedure shall be repeated.
- In the event that, following the repeated procedure, the Coordinator again fails to select a single arbitrator acceptable to both parties, the Tribunal shall consist of three (3) arbitrators, one arbitrator appointed by each of the parties and the third arbitrator appointed by these two (2) arbitrators.
- The Tribunal shall in any event be composed of a person or persons who have experience in the subject matter of the dispute and are independent of either party. Without limiting the generality of the foregoing, the Tribunal shall be at arm's length from both parties and shall not be composed of members of any company, firm, or agency which advises either party, nor shall the Tribunal be composed of a person or persons who are otherwise regularly retained by such parties.
- The parties agree that they shall jointly enter into an agreement with the selected Tribunal, which agreement shall be in a form drafted by the Coordinator and agreed to by the parties.
- The parties agree that they shall each bear their own costs. Fees and reasonable expenses of the Tribunal and reasonable expenses associated with the conduct of the arbitration shall be borne equally by the parties.
GC8.11.6 Preliminary Meeting
Unless the parties to the arbitration and the Tribunal otherwise agree, the parties shall meet with the Tribunal within 10 working days of the Tribunal's appointment to
- settle the location of premises for proceedings and responsibilities for the arrangement;
- verify addresses for the delivery of written communications to each party and to the Tribunal;
- present to the Tribunal the issues to be resolved by means of the arbitration;
- estimate the length of time the hearing might take and the number of witnesses likely to be produced;
- determine if a stenographic record or any other type of recording of proceedings should be kept, or if any particular services, such as interpreters, translations or security measures should be provided; and
- determine any other matters pertinent to conduct of the arbitration.
GC8.11.7 Communications
- Subject to paragraph 2) of GC8.11.7, the Tribunal shall not communicate with a party to the dispute except in the presence of the other party.
- Notwithstanding paragraph 1) of GC8.11.7, the Tribunal may communicate with the parties separately for the purpose of establishing procedures to be followed or setting the time of a meeting; other exceptions to the general rule shall only be made with the consent in writing of all parties.
- If a communication by the Tribunal to one party is in writing, a copy shall be sent to the other party.
- If a party sends any written communication to the Tribunal, a copy shall be sent to the other party.
- Any communication that is required or permitted to be given to the Tribunal or either party shall be in writing and may be given by delivering the same by facsimile, electronic mail or by mail, postage prepaid, to the address established for the purposes of the Contract in the case of the parties, and to the address provided by the Tribunal in the case of the Tribunal, and such communication shall be deemed to have been received in accordance with the provisions of GC2.3, "Notices".
GC8.11.8 Representation
The parties may be represented or assisted by any person during the arbitral proceedings.
GC8.11.9 Conduct of Proceedings
Subject to the provisions of these Rules, the Tribunal may conduct the arbitration in the manner it considers appropriate. The power conferred upon the Tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
GC8.11.10 Place of Arbitration
The Tribunal may meet at any place it considers appropriate for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property. The Tribunal shall conduct on-site inspections at the request of either party. Any on-site inspections shall be made in the presence of both parties and their representatives. The proceedings of any on-site inspections shall be recorded as part of the hearing itself.
GC8.11.11 Time Limitations
- The Tribunal may extend or abridge a period of time required in these Rules or fixed or determined by the Tribunal where the Tribunal considers it to be reasonable and appropriate.
- Where any proceeding is terminated pursuant to paragraph 25(a) or 32 (2)(a) of the Code referred to in the Commercial Arbitration Act, unless the respondent agrees otherwise in writing, such termination is deemed to be a final award dismissing the claim of the claimant.
GC8.11.12 Statement of Claim and Defence
- Within 10 working days after the Tribunal has been appointed, the claimant shall state, in writing, the facts supporting its claim, points at issue and relief or remedy sought, and shall submit the statement to the respondent, the Coordinator, and the Tribunal.
- Within 10 working days after receipt of the statement of claim, the respondent shall state, in writing, its defence in respect of these particulars and any counterclaim and shall submit its statement to the claimant, the Coordinator and the Tribunal.
- Within 5 working days after receipt of the statement of defence, the claimant may state, in writing, its response to the defence and to any counterclaim, and shall submit its statement to the respondent, the Coordinator and the Tribunal.
- A party may amend or supplement its statements during the course of arbitral proceedings unless the Tribunal considers it inappropriate to allow such amendment or supplement having regard to all circumstances including delay in making the amendment or supplement.
- A statement may not be amended if the amended statement would fall outside the scope of the arbitration agreement.
GC8.11.13 Further Written Statements
The Tribunal may require or permit the presentation of further written statements by the parties and shall fix the periods of time for submitting those statements.
GC8.11.14 Agreed Statement of Facts
- Within a time period specified by the Tribunal, the parties shall prepare and file with the Tribunal an agreed statement of facts including but not limited to a chronology of the project, schedules, quantities and progress payments. The Tribunal shall make itself available, upon reasonable notice, to assist the parties to arrive at agreement on as many facts as possible under the circumstances.
- Within a time period specified by the Tribunal, the parties shall prepare and file with the Tribunal a common book of documents including all documents referred to in an agreed statement of facts and in statements of claim, defence and response.
GC8.11.15 Evidence
- Each party shall prove the facts relied upon to support its claim or defence.
- Each party shall deliver to the Tribunal and to the other party, within such period of time that the Tribunal determines, a copy of the documents and a summary of the other evidence that party intends to present in support of the facts in issue set out in its statement of claim, defence or response.
- From time to time, the Tribunal may require the parties to produce documents, exhibits and other evidence within such period of time that the Tribunal may determine.
GC8.11.16 Hearings
- All statements, documents or other information supplied to, or applications made to, the Tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the Tribunal may rely in making its decision shall be communicated to the parties at least 8 working days prior to its entry in evidence.
- The parties shall be given reasonably sufficient advance notice of any hearing of the Tribunal and any meeting of the Tribunal for the purpose of inspection of documents, goods or other property.
- If a party intends to give evidence through a witness, the party shall communicate to the Tribunal and to the other party, within such period that the Tribunal determines
- the names, addresses and curriculum vitae of each of the witnesses it intends to present; and
- the subject upon which those witnesses shall give their testimony.
- Each party shall have the right to examine, cross-examine and re-examine all witnesses as appropriate.
- All oral hearings and meetings in arbitral proceedings shall be held "in camera".
GC8.11.17 Default
- Where, without showing sufficient cause, the claimant fails to communicate its statement of claim in accordance with these Rules or within such further period of time permitted by the Tribunal under these Rules, the Tribunal shall issue an order terminating the arbitral proceedings with respect to that claim.
- An order made under paragraph 1) of GC8.11.17 does not affect a counterclaim made in respect of those arbitral proceedings.
- Where, without showing sufficient cause, the respondent fails to communicate a statement of defence in accordance with these Rules, or within such further period of time permitted by the Tribunal under these Rules, the Tribunal shall continue the arbitral proceedings without treating that failure in itself as an admission of the claimant's allegations.
- Where, without showing sufficient cause, a party fails to appear at an oral hearing or produce documentary evidence, the Tribunal may continue the arbitral proceedings and make the arbitral award on the evidence before it.
GC8.11.18 Arbitral Decision
Unless otherwise agreed to by the parties, the Tribunal shall make the award no later than 30 days after completion of the arbitration hearings unless that time period is extended for an express period by the Tribunal on written notice to each party, due to illness or other cause beyond the Tribunal's control.
2016-01-28SupersededR2880DARCHIVED General Condition (GC) 8 - Dispute Resolution - 100K to 5M - Construction Services
2015-04-01SupersededR2880DARCHIVED General Condition (GC) 8 - Dispute Resolution
2015-02-25SupersededR2880DARCHIVED General Condition (GC) 8 - Dispute Resolution
2012-07-16SupersededR2880DARCHIVED General Condition (GC) 8 - Dispute Resolution
2008-12-12SupersededR2880DARCHIVED GC8 - Dispute Resolution
2008-05-12SupersededR2880DARCHIVED GC8 - Dispute Resolution
2007-05-25SupersededR2880DARCHIVED GC8 - Dispute Resolution
R2882D
Effective Date
Item Status
ID
Title
2019-11-28ActiveR2882DGeneral Condition (GC) 8 - Dispute Resolution - >5M – Construction Services
Remarks – Recommended Use of SACC Item
This clause is generally used for contracts with an estimated value of $5,000,000 or more.
Legal text for SACC item
- GC8.1 Interpretation
- GC8.2 Consultation and Co-operation
- GC8.3 Notice of Dispute
- GC8.4 Negotiation
- GC8.5 Mediation
- GC8.6 Confidentiality
- GC8.7 Settlement
- GC8.8 Rules for Mediation of Disputes
- GC8.8.1 Interpretation
- GC8.8.2 Application
- GC8.8.3 Communication
- GC8.8.4 Appointment of Project Mediator
- GC8.8.5 Confidentiality
- GC8.8.6 Time and Place of Mediation
- GC8.8.7 Representation
- GC8.8.8 Procedure
- GC8.8.9 Settlement Agreement
- GC8.8.10 Termination of Mediation
- GC8.8.11 Costs
- GC8.8.12 Subsequent Proceedings
GC8.1 (2019-11-28) Interpretation
- "dispute" means any disagreement regarding any issue identified by the Contractor in the notice submitted to Canada in accordance with paragraph 2 of GC8.3, "Notice of Dispute", and includes any claim by the Contractor arising from such disagreement and any counterclaim by Canada, but does not include any claim by either party for punitive or exemplary damages, injury to persons, death, or any claim based on an allegation of libel or slander.
- The alternative dispute resolution procedures set out in GC8, do not apply to any claim by Canada against the Contractor except any counterclaim in a dispute as defined in paragraph 1 of GC8.1, including, but not limited to, any claim of setoff regarding any amount due to Canada under GC5.10, "Assessments and Damages for Late Completion".
GC8.2 (2019-11-28) Consultation and Co-operation
- The parties agree to maintain open and honest communication throughout the performance of the Contract.
- The parties agree to consult and co-operate with each other in the furtherance of the Work and the resolution of problems or disagreements that may arise.
GC8.3 (2019-11-28) Notice of Dispute
- Any disagreement between the parties to the Contract of any nature arising out of or in connection with the Contract which could result in a claim by the Contractor against Canada, and which is not settled by consultation and co-operation as envisaged in GC8.2, "Consultation and Co-operation", shall be resolved in the first instance by Canada, whose written decision or direction shall be final and binding subject only to the provisions of GC8. Such written decision or direction includes, but is not limited to, any written decision or direction by Canada under any provision of the General Conditions.
- The Contractor shall be deemed to have accepted the decision or direction of Canada referred to in paragraph 1) of GC8.3 and to have expressly waived and released Canada from any claim in respect of the particular matter dealt with in that decision or direction unless, within 15 working days after receipt of the decision or direction, the Contractor submits to Canada a written notice of dispute requesting formal negotiation under GC8.4, "Negotiation". Such notice shall refer specifically to GC8.4, "Negotiation", and shall specify the issues in contention and the relevant provisions of the Contract.
- The giving of a written notice in accordance with paragraph 2) of GC8.3 shall not relieve the Contractor from complying with the decision or direction that is the subject of the dispute. Such compliance, however, shall not be construed as an admission by the Contractor of the correctness of such decision or direction.
- If a dispute is not resolved promptly, Canada shall give such instructions as, in Canada's opinion, are necessary for the proper performance of the Work and to prevent delays pending a resolution of the matter. Unless Canada terminates the Contract, orders the Contractor to suspend the Work, or takes the Work out of the hands of the Contractor, the Contractor shall continue to perform the Work in accordance with the provisions and requirements of the Contract and the instructions of Canada. Such performance shall not prejudice any claim that the Contractor may have.
- Nothing in GC8 relieves the Contractor from its obligation to provide any other notice required by the Contract within the time specified in the Contract, including but not limited to, any notice required under GC6.2, "Changes in Subsurface Conditions".
GC8.4 (2008-12-12) Negotiation
- Within 10 working days after receipt by Canada of a notice referred to in paragraph 2) of GC8.3, "Notice of Dispute", or within such other period of time as may be mutually agreed to, the parties shall commence formal negotiations in order to resolve the dispute. Negotiations shall occur initially between representatives of the Contractor and Canada who play a direct supervisory role in the performance, administration or management of the Contract.
- If the representatives referred to in paragraph 1) of GC8.4 are unable to resolve some or all of the issues which are the subject of the negotiations within 10 working days, the parties shall refer the remaining issues which are in dispute to a second level of negotiation between a principal or principals of the Contractor and a senior level manager or senior level managers representing Canada.
- If negotiations fail to resolve the dispute within 30 working days from the date of delivery of the notice referred to in paragraph 2) of GC8.3, "Notice of Dispute", or within such longer period as may have been agreed to by the parties, the Contractor may, by giving written notice to Canada, in accordance with GC2.3, "Notices", within 10 working days from the end of such period, request that mediation be undertaken to assist the parties to reach agreement on the outstanding issues.
- If the Contractor does not request mediation within the period permitted by paragraph 3) of GC8.4, the Contractor shall be deemed to have accepted the decision or direction of Canada under paragraph 1) of GC8.3, "Notice of Dispute", and to have expressly waived and released Canada from any claim in respect of the particular matter dealt with in that decision or direction.
GC8.5 (2008-05-12) Mediation
- If the Contractor has requested mediation in accordance with paragraph 3) of GC8.4, "Negotiation", mediation shall be conducted in accordance with GC8.8, "Rules for Mediation of Disputes".
- If a Project Mediator has not previously been appointed for the purposes of the Contract, a Project Mediator shall be appointed in accordance with GC8.8, "Rules for Mediation of Disputes", forthwith after delivery of a notice in accordance with paragraph 3) of GC8.4, "Negotiation", requesting mediation.
- If the dispute has not been resolved within
the Project Mediator shall terminate the mediation by giving written notice to the parties stating the effective date of termination.
- 10 working days following the appointment of a Project Mediator in accordance with paragraph 2) of GC8.5, if a Project Mediator was not previously appointed;
- 10 working days following receipt by Canada of a written notice in accordance with paragraph 3) of GC8.4, "Negotiation", if a Project Mediator was previously appointed; or
- such other longer period as may have been agreed to by the parties;
GC8.6 (2015-02-25) Confidentiality
All information exchanged during alternative dispute resolution procedures, by whatever means, shall be without prejudice and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during an alternative dispute resolution process.
GC8.7 (2015-02-25) Settlement
Any agreement to settle all or any part of a dispute, by whatever means, shall be in writing and be signed by the parties or their authorized representatives.
GC8.8 (2015-02-25) Rules for Mediation of Disputes
GC8.8.1 Interpretation
In these Rules
"Coordinator" means the person designated by Canada to act as the Dispute Resolution Coordinator.
GC8.8.2 Application
By mutual agreement, the parties may change or make additions to the Rules.
GC8.8.3 Communication
Written communications pursuant to these Rules shall be given in accordance with GC2.3, "Notices".
GC8.8.4 Appointment of Project Mediator
- The parties to the Contract may, by mutual consent, at any time after entry into the Contract, appoint a mediator (the "Project Mediator") to conduct mediation proceedings in accordance with these Rules for Mediation of Disputes, in regard to any dispute that may arise with regard to the interpretation, application or administration of the Contract. In this case, they shall jointly enter into a contract with the appointed Project Mediator, which contract shall be in a form drafted by the Coordinator and agreed to by the parties.
- If the parties do not appoint a Project Mediator pursuant to paragraph 1) of GC8.8.4, the parties shall appoint a Project Mediator within 17 working days following receipt of a written notice from the Contractor, in accordance with GC2.3, "Notices", requesting that mediated negotiations be undertaken in accordance with these Rules to assist the parties to reach agreement on any outstanding issues that may be in dispute. Any contract entered into with the appointed Project Mediator shall meet the requirements as set out for the contract described in paragraph 1) of GC8.8.4.
- When mediation is requested by the Contractor pursuant to paragraph 3) of GC8.4, "Negotiation", if the parties have previously entered into a contract with a Project Mediator, the parties shall within 2 days send to both the Project Mediator and the Coordinator
- a copy of the notice requesting negotiation under paragraph 2) of GC8.3, "Notice of Dispute";
- a copy of Canada's written position in relation to the notice, the issues in contention and the relevant provisions of the contract; and
- a copy of the Contractor's written request for mediation required under paragraph 3) of GC8.4, "Negotiation".
- If the parties have not agreed on a Project Mediator, the parties shall forthwith provide the Coordinator with the written materials referred to in subparagraphs 3)(a), 3)(b) and 3)(c) of GC8.8.4 together with a request that the Coordinator assist in the appointment of a mutually acceptable Project Mediator in accordance with these Rules.
- Within 5 working days following receipt of the request and materials referred to in paragraph 4) of GC8.8.4, the Coordinator shall provide the parties with a list of qualified private sector mediators obtained from an independent and impartial entity, together with instructions to each party to individually and confidentially select and rank their preferred and fully acceptable choices of mediator in descending order. Each mediator listed shall be impartial and independent of the parties, and shall be an experienced and skilled commercial mediator, preferably with knowledge of the subject matter of the dispute.
- Within 10 working days of receipt of the list referred to in paragraph 5) of GC8.8.4 each party shall comply with the instructions accompanying the list(s) and shall deliver the completed listing to the Coordinator.
- Within 2 working days following receipt of the completed listings, the Coordinator shall select the highest common ranked mediator to act as Project Mediator for the purposes of the contract.
- In the event of a tie, the Coordinator shall consult both parties to re-evaluate their rankings in order to assist the Coordinator in selecting a Project Mediator acceptable to both parties. If the parties cannot agree upon a Project Mediator, the Coordinator shall forthwith provide the parties with a second list of mediators and the procedure shall be repeated.
- If the parties have not previously entered into a contract with a mutually acceptable Project Mediator, the Coordinator shall use reasonable efforts to negotiate a contract with a mutually acceptable Project Mediator on behalf of the parties, which contract shall incorporate or otherwise comply with the provisions of these Rules. If negotiations are unsuccessful, or if for other reason the individual is unwilling or unable to enter into a contract to act as Project Mediator, the Coordinator shall repeat the process with the second-highest common ranked mediator.
- The parties agree that, upon successful completion of the negotiations referred to in paragraph 9) of GC8.8.4, they shall jointly enter into a contract with the selected Project Mediator, which contract shall be in a form drafted by the Coordinator and agreed to by the parties.
- Upon execution of the contract with the Project Mediator referred to in paragraph 10) of GC8.8.4 the Coordinator shall provide the Project Mediator with copies of the documents referred to in paragraph 3) of GC8.8.4.
GC8.8.5 Confidentiality
- Subject to paragraph 2) of GC8.8.5, and unless otherwise agreed in writing by the parties, the Project Mediator, the parties and their counsel or representatives shall keep confidential all matters and documents disclosed during mediation proceedings except where the disclosure is necessary for any implementation of any agreement reached or is required by law.
- Evidence that is independently admissible or discoverable in any arbitral or judicial proceeding shall not be rendered inadmissible or non-discoverable by virtue of its use in mediation proceedings.
- Neither party shall make transcripts, minutes or other records of a mediation conference.
- The personal notes and written opinions of the Project Mediator made in relation to mediation are in the Project Mediator's sole possession and control, are confidential, and may not be used in any subsequent proceeding between the parties or where they are opposed in interest without the express written permission of the parties.
- All information exchanged during mediation procedures, by whatever means, shall be without prejudice and shall be treated as confidential by the parties and their representatives, unless otherwise required by law.
GC8.8.6 Time and Place of Mediation
The Project Mediator, in consultation with the parties shall set the date, time and place of any mediation conference as soon as possible, bearing in mind that, subject to agreement to the contrary between the parties, only 10 working days are available within which to attempt to settle the dispute.
GC8.8.7 Representation
- Representatives of the parties may be accompanied at the mediation conference by legal counsel or any other person.
- If the Project Mediator is a lawyer, the Project Mediator shall not provide legal advice to a party during the course of the mediation conference, but may recommend that a party obtain independent legal advice before finalizing a settlement agreement.
GC8.8.8 Procedure
- The parties agree to an exchange of all facts, information and documents upon which they intend to rely in any oral or written presentation during the mediation. This exchange shall be completed no later than 2 working days prior to the date set for a mediation conference.
- The Project Mediator shall be free to meet with the parties individually during a mediation conference if the Project Mediator is of the opinion that this may improve the chances of a mediated settlement, and either party may request such an individual meeting at any time.
- The parties may agree to extend the 10 working days available for settlement of the dispute through mediation, and the Project Mediator shall record that agreement in writing.
GC8.8.9 Settlement Agreement
- The parties shall record in writing any settlement agreement reached, with sufficient detail to ensure a clear understanding of
- the issues resolved;
- any obligations assumed by each party including criteria to determine if and when these obligations have been met; and
- the consequences of failure to comply with the agreement reached.
- The parties agree to carry out the terms of a settlement agreement as soon as possible and, in any event, within any time periods specified in the agreement.
GC8.8.10 Termination of Mediation
- Either party may withdraw from mediation at any time without reason and, in that event, the Project Mediator shall give each party a written notice terminating the mediation and establishing the effective date of termination.
- If, in the opinion of the Project Mediator, either party fails to mediate in good faith or fails to comply with the terms of these Rules, or if the Project Mediator, at any time during mediation, is of the opinion that further negotiations will fail to resolve the issues outstanding, the Project Mediator may terminate the negotiations by providing the parties with a written notice of termination, stating therein the Project Mediator's reasons for the termination, and the effective date of termination.
- If a dispute has not been resolved within 10 working days or such other longer period as may have been agreed to by the parties, the Project Mediator shall terminate the mediation by giving written notice to the parties stating the effective date of termination.
GC8.8.11 Costs
The parties agree that they will each be responsible for the costs of their own representatives and advisors and associated travel and living expenses. Fees and expenses of the Project Mediator and all administrative costs of mediation, such as the cost of the meeting room(s), if any, shall be borne equally by the parties.
GC8.8.12 Subsequent Proceedings
- The parties shall not rely on or introduce as evidence in any arbitral or judicial proceeding, whether or not such proceeding relates to the subject matter of mediation,
- any documents of other parties that are not otherwise producible in those proceedings;
- any views expressed or suggestions made by any party in respect of a possible settlement of issues;
- any admission made by any party in the course of mediation unless otherwise stipulated by the admitting party; and
- the fact that any party has indicated a willingness to make or accept a proposal or recommendation for settlement.
- The Project Mediator shall neither represent nor testify on behalf of either of the parties in any subsequent investigation, action or proceeding relating to the issues in mediation proceedings.
- The Project Mediator shall not be subpoenaed to give evidence relating to
in any subsequent investigation, action or proceeding and the parties agree to vigorously oppose any effort to have the Mediator so subpoenaed.
- the Project Mediator's role in mediation; or
- the matters or issues in mediation;
2016-01-28SupersededR2882DARCHIVED General Condition (GC) 8 - Dispute Resolution - >5M – Construction Services
2015-02-25SupersededR2882DARCHIVED General Condition (GC) 8 - Dispute Resolution
2008-12-12SupersededR2882DARCHIVED General Condition (GC) 8 - Dispute Resolution
2008-05-12SupersededR2882DARCHIVED GC8 - Dispute Resolution
2007-05-25SupersededR2882DARCHIVED GC8 - Dispute Resolution
R2884D
Effective Date
Item Status
ID
Title
2016-01-28ActiveR2884DGeneral Condition (GC) 8 – Dispute Resolution - <100K – Construction Services
Remarks – Recommended Use of SACC Item
This clause is generally used for contracts with an estimated value of less than $100,000.
Legal text for SACC item
- The Contractor may, within ten (10) days after the communication to the Contractor of any decision or direction referred to in GC6.1, "Changes in the Work", and GC2.2, "Interpretation of Contract", protest that decision or direction.
- A protest referred to in paragraph 1) of GC8 shall be in writing, contain full reasons for the protest, be signed by the Contractor and be given to Canada.
- If the Contractor gives a protest pursuant to paragraph 2) of GC8, any compliance by the Contractor with the decision or direction that was protested shall not be construed as an admission by the Contractor of the correctness of that decision or direction, or prevent the Contractor from taking whatever action the Contractor considers appropriate in the circumstances.
- The giving of a protest by the Contractor pursuant to paragraph 2) of GC8 shall not relieve the Contractor from complying with the decision or direction that is the subject of the protest.
- Subject to paragraph 6) of GC8, the Contractor shall take any action referred to in paragraph 3) of GC8 within 3 months after the date of the Certificate of Completion referred to in GC5.6, "Final Completion", and not afterwards, except where it is otherwise provided by law.
- The Contractor shall take any action referred to in paragraph 3) of GC8 resulting from a direction under GC3.13, "Warranty and Rectification", of Defects in Work, within three (3) months after the expiry of a warranty or guarantee period and not afterwards, except where it is otherwise provided by law.
- Subject to paragraph 8) of GC8, if Canada determines that the Contractor's protest is justified, Canada shall pay the Contractor the cost of the additional labour, Plant and Material necessarily incurred by the Contractor in carrying out the protested decision or direction.
- Costs referred to in paragraph 7) of GC8 shall be calculated in accordance with GC6.4, "Determination of Price".
2008-05-12SupersededR2884DARCHIVED General Condition (GC) 8 - Dispute Resolution
2007-05-25SupersededR2884DARCHIVED GC8 - Dispute Resolution
R2890D
Effective Date
Item Status
ID
Title
2022-12-01ActiveR2890DGeneral Condition (GC) 9 - Contract Security
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC9.1 (2009-05-29) Obligation to Provide Contract Security
- The Contractor shall, at the Contractor's expense and within 14 days after the date that the Contractor receives notice that the Contractor's bid was accepted by Canada, obtain and deliver Contract Security to Canada in one of the forms prescribed in GC9.2, "Types and Amounts of Contract Security".
- If the whole or a part of the Contract Security provided is in the form of a security deposit, it shall be held and disposed of in accordance with GC5.13, "Return of Security Deposit", and GC7.4, "Security Deposit - Forfeiture or Return".
- If a part of the Contract Security provided is in the form of a labour and material payment bond, the Contractor shall post a copy of that bond at the site of the Work.
- It is a condition precedent to the release of the first progress payment that the Contractor has provided the Contract Security as specified herein.
GC9.2 (2022-12-01) Types and Amounts of Contract Security
- The Contractor shall deliver to Canada either (a) or (b).
- A performance bond and a labour and material payment bond each in an amount that is equal to not less than 50 percent of the Contract Amount (excluding applicable tax(es)).
- A security deposit or an irrevocable standby letter of credit in an amount that is equal to not less than 20 percent of the Contract Amount (excluding applicable tax(es)).
- A performance bond (form PWGSC-TPSGC 505) and a labour and material payment bond (form PWGSC-TPSGC 506) referred to in subparagraph 1)(a) of GC9.2 shall be in a form and be issued by a bonding or surety company (see Treasury Board Appendix L, Acceptable Bonding Companies) that is approved by Canada.
- A security deposit referred to in subparagraph 1)(b) of GC9.2 shall be in the form of
- a bill of exchange, bank draft or money order made payable to the Receiver General for Canada and certified by an approved financial institution or drawn by an approved financial institution on itself; or
- bonds of, or unconditionally guaranteed as to principal and interest by, the Government of Canada.
- For the purposes of subparagraph 3)(a) of GC9.2
- a bill of exchange is an unconditional order in writing signed by the Contractor and addressed to an approved financial institution, requiring the said institution to pay, on demand, at a fixed or determinable future time a sum certain of money to, or to the order of, the Receiver General for Canada;
- if a bill of exchange, bank draft or money order is certified by or drawn on an institution or corporation other than a chartered bank, it must be accompanied by proof that the said institution or corporation meets at least one of the criteria described in subparagraph 4)(c) of GC9.2, either by letter or by a stamped certification on the bill of exchange, bank draft or money; and
- An approved financial institution is
- a corporation or institution that is a member of the Canadian Payments Association (Payments Canada) as defined in the Canadian Payments Act;
- a corporation that accepts deposits that are insured, to the maximum permitted by law, by the Canada Deposit Insurance Corporation or the "Autorité des marchés financiers";
- a corporation that accepts deposits from the public if repayment of the deposit is guaranteed by His Majesty the King in right of a province;
- a corporation, association or federation incorporated or organized as a credit union or co-operative credit society that conforms to the requirements of a credit union which are more particularly described in paragraph 137(6) of the Income Tax Act; or
- Canada Post Corporation.
- Bonds referred to in subparagraph 3)(b) of GC9.2 shall be provided on the basis of their market value current at the date of the Contract, and shall be
- made payable to bearer; or
- accompanied by a duly executed instrument of transfer of the bonds to the Receiver General for Canada in the form prescribed by the Domestic Bonds of Canada Regulations; or
- registered as to principal, or as to principal and interest, in the name of the Receiver General for Canada pursuant to the Domestic Bonds of Canada Regulations.
- An irrevocable standby letter of credit referred to in subparagraph 1)(b) of GC9.2 shall
- be an arrangement, however named or described, whereby a financial institution (the "Issuer") acting at the request and on the instructions of a customer (the "Applicant") or on its own behalf,
- is to make a payment to, or to the order of, Canada as the beneficiary;
- is to accept and pay bills of exchange drawn by Canada;
- authorizes another financial institution to effect such payment or accept and pay such bills of exchange; or
- authorizes another financial institution to negotiate against written demand(s) for payment provided that the terms and conditions of the letter of credit are complied with;
- state the face amount that may be drawn against it;
- state its expiry date;
- provide for sight payment to the Receiver General for Canada by way of the financial institution's draft against presentation of a written demand for payment signed by Canada;
- provide that more than one written demand for payment may be presented subject to the sum of those demands not exceeding the face value of the letter of credit;
- provide that it is subject to the International Chamber of Commerce (ICC) Uniform Customs and Practice (UCP) for Documentary Credits, 2007 Revision, ICC Publication No. 600. Pursuant to the ICC UCP, a credit is irrevocable even if there is no indication to that effect; and
- be issued or confirmed, in either official language in a format left to the discretion of the issuer or confirmer, by an approved financial institution on its letterhead.
2018-06-21SupersededR2890DARCHIVED General Condition (GC) 9 - Contract Security
2014-06-26SupersededR2890DARCHIVED General Condition (GC) 9 - Contract Security
2012-07-16SupersededR2890DARCHIVED General Condition (GC) 9 - Contract Security
2011-05-16SupersededR2890DARCHIVED GC9 - Contract Security
2010-08-16SupersededR2890DARCHIVED GC9 - Contract Security
2010-01-11SupersededR2890DARCHIVED GC9 - Contract Security
2008-12-12SupersededR2890DARCHIVED GC9 - Contract Security
2008-05-12SupersededR2890DARCHIVED GC9 - Contract Security
2007-05-25SupersededR2890DARCHIVED GC9 - Contract Security
R2900D
Effective Date
Item Status
ID
Title
2008-05-12ActiveR2900DGeneral Condition (GC) 10 - Insurance
Remarks – Recommended Use of SACC Item
Legal text for SACC item
GC10.1 (2008-05-12) Insurance Contracts
- The contractor shall, at the contractor's expense, obtain and maintain insurance contracts in respect of the work and shall provide evidence thereof to Canada in accordance with the requirements of the "Insurance Terms".
- The insurance contracts referred to in paragraph 1) of GC10.1 shall
- be in a form, of the nature, in the amounts, for the periods and containing the terms and conditions specified in "Insurance Terms"; and
- provide for the payment of claims under such insurance contracts in accordance with GC10.2, "Insurance Proceeds".
GC10.2 (2008-05-12) Insurance Proceeds
- In the case of a claim payable under a Builders Risk/Installation (All Risks) insurance contract maintained by the contractor pursuant to GC10.1, "Insurance Contracts", the proceeds of the claim shall be paid directly to Canada, and
- the monies so paid shall be held by Canada for the purposes of the contract, or
- if Canada elects, shall be retained by Canada, in which event they vest in Canada absolutely.
- In the case of a claim payable under a General Liability insurance contract maintained by the contractor pursuant to GC10.1, "Insurance Contracts", the proceeds of the claim shall be paid by the insurer directly to the claimant.
- If an election is made pursuant to paragraph 1) of GC10.2, Canada may cause an audit to be made of the accounts of the contractor and of Canada in respect of the part of the work that was lost, damaged or destroyed for the purpose of establishing the difference, if any, between
- the aggregate of the amount of the loss or damage suffered or sustained by Canada, including any costs incurred in respect of the clearing and cleaning of the work and its site and any other amount that is payable by the contractor to Canada under the contract, minus any monies retained pursuant to subparagraph 1)(b) of GC10.2; and
- the aggregate of the amounts payable by Canada to the contractor pursuant to the contract up to the date of the loss or damage.
- A difference that is established pursuant to paragraph 3 of GC10.2 shall be paid forthwith by the party who is determined by the audit to be the debtor to the party who is determined by the audit to be the creditor.
- When payment of a deficiency has been made pursuant to paragraph 4) of GC10.2, all rights and obligations of Canada and the contractor under the contract shall, with respect only to the part of the work that was the subject of the audit referred to in paragraph 3 of GC10.2, be deemed to have been expended and discharged.
- If an election is not made pursuant to subparagraph 1)(b) of GC10.2, the contractor shall, subject to paragraph 7) of GC10.2, clear and clean the work and its site and restore and replace the part of the work that was lost, damaged or destroyed at the contractor's expense as if that part of the work had not yet been performed.
- When the contractor clears and cleans the work and its site and restores and replaces the work referred to in paragraph 6) of GC10.2, Canada shall pay the contractor out of the monies referred to in paragraph 1) of GC10.2 so far as they will thereunto extend.
- Subject to paragraph 7) of GC10.2, payment by Canada pursuant to paragraph 7) of GC10.2 shall be made in accordance with the contract but the amount of each payment shall be 100 percent of the amount claimed notwithstanding subparagraphs 3)(a) and 3)(b) of GC5.4, "Progress Payment".
2007-05-25SupersededR2900DARCHIVED GC10 - Insurance
R2910D
Effective Date
Item Status
ID
Title
2013-10-25CancelledR2910DARCHIVED Insurance Terms
Remarks – Recommended Use of SACC Item
SACC Manual clause R2910D is cancelled since the Insurance Terms are now incorporated in the Invitation to Tender document.
Legal text for SACC item
See revision history.
2008-12-12CancelledR2910DARCHIVED Insurance Terms
2008-05-12SupersededR2910DARCHIVED Insurance Terms
2007-05-25SupersededR2910DARCHIVED Insurance Terms
R2940D
Effective Date
Item Status
ID
Title
2014-03-01CancelledR2940DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
Remarks – Recommended Use of SACC Item
Legal text for SACC item
See revision history.
2012-07-16CancelledR2940DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
2010-01-11SupersededR2940DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
2007-05-25SupersededR2940DARCHIVED Fair Wages and Hours of Labour - Labour Conditions
R2950D
Effective Date
Item Status
ID
Title
2015-02-25ActiveR2950DAllowable Costs for Contract Changes Under General Condition (GC) 6.4.1
Remarks – Recommended Use of SACC Item
Legal text for SACC item
01 (2007-05-25) General
- The Contractor shall submit a cost estimate breakdown for each contemplated change, in accordance with paragraph 4) of GC6.4.1, "Price Determination Prior to Undertaking Changes". The breakdown shall itemize all labour, material, plant and equipment costs estimated by the Contractor and subcontractors, and the amount of each allowance.
- It is the responsibility of the Contractor to ensure that all prices included in the Contractor's breakdown to Canada, including those of subcontractors, are fair and reasonable in view of the terms expressed herein.
- The labour hours required for the contemplated change shall be based on the estimated number of hours to perform the work.
- Time spent by a working foreman may be included in the number of labour hours, at a rate agreed to in writing by the Contractor and Canada.
- Time attributable to material handling, productivity factors and approved rest periods is to be included in the number of hours required by the contemplated change and will not be paid as a separate item under hourly rates.
- Allowances referred to in section 04 below are not to be included in the hourly labour rates.
- Credit for work deleted will only be for the work directly associated with the change.
- When a change deletes work which has not yet been performed, Canada is entitled to an adjustment in the Contract Amount equal to the cost the Contractor would have incurred had the work not been deleted.
- Allowances referred to in Section 04 below shall not be applied to any credit amounts for deleted work.
- In those cases where the change involves additions and deletions to the work, the allowances referred to in section 04 below shall apply only when the cost of the additions minus the cost of the deletions would result in an increase in the Contract Amount. The percentage allowance shall only be applied to that portion of the costs of the additions that is in excess of the cost of the deletions.
- If the contemplated change in the work necessitates a change in the contract completion date, or has an impact on the work, the Contractor shall identify and include the resulting cost in the breakdown.
02 (2015-02-25) Hourly Labour Rates
The hourly labour rates listed in the Contractor's breakdown shall be determined in accordance with the collective agreements that are applicable at the site of the work and shall include
- the base rate of pay;
- vacation pay;
- benefits which includes
- welfare contributions;
- pension contributions;
- union dues;
- training and industry funds contributions; and
- other applicable benefits, if any, that can be substantiated by the Contractor.
- statutory and legislated requirements, assessed and payable under statutory authority, which includes
- Employment Insurance contributions;
- Canada Pension Plan or Quebec Pension Plan contributions;
- Worker's Compensation Board or "Commission de la santé et de la sécurité du travail" premiums;
- Public Liability and Property Damage insurance premiums; and
- health tax premiums.
03 (2015-02-25) Material, Plant and Equipment Costs
The costs of all purchases and rentals must be based on the actual amount paid to the suppliers by the Contractor or subcontractor and said costs are to include all applicable discounts.
04 (2015-02-25) Allowance to the Contractor or Subcontractor
The allowances determined in accordance with paragraph 1) of GC6.4.1, "Price Determination Prior to Undertaking Changes", shall be considered as full compensation for:
- supervision, co-ordination, administration, overhead, margin and the risk of undertaking the work within the stipulated amount; and
- miscellaneous additional costs related to
- the purchase or rental of material, plant and equipment;
- the purchase of small tools and supplies;
- safety and protection measures; and
- permits, bonds, insurance, engineering, as built drawings, commissioning and site office.
2014-06-26SupersededR2950DARCHIVED Allowable Costs for Contract Changes Under General Condition (GC) 6.4.1
2007-05-25SupersededR2950DARCHIVED Allowable Costs for Contract Changes Under General Condition (GC) 6.4.1
R4000D
Effective Date
Item Status
ID
Title
1998-02-16CancelledR4000DARCHIVED Statutory Declaration
Remarks – Recommended Use of SACC Item
Legal text for SACC item
Canada, Province or Territory of _____
IN THE MATTER OF an agreement bearing no. _____ and dated the _____ day of _____,
19_____ between Canada, and _________________________ {insert full name of
Consultant and delete this instruction} hereinafter referred to as the __________
{insert Consultant or Manager as applicable and delete this
instruction}, for ____________ {insert description and location of project},
and IN THE MATTER OF 1 a service completed or 2 the final payment for the
service (refer to clause R0220D, General Conditions, of the Agreement), as
indicated by a CHECKMARK { } in APPLICABLE BOX below.
TO WIT:
I, ______________________________, of _________________________________
(Name of Declarant) (Declarant's address)
do solemnly declare that I am ___________________________________________
(Capacity of Declarant)
and as such have personal knowledge of the said agreement and the facts and
matters stated herein, and
1 G that, up to the date of completion of the service described in the
agreement as:__________ {insert the service attested to as described
in the Agreement and delete this instruction} the Consultant has
complied with and discharged all lawful obligations arising out of
the execution of this service.
OR
2 G that, up to the date of final completion of the services, the
Consultant has complied with and discharged all its lawful
obligations in respect of the services contracted for and discharged
and satisfied all lawful claims against it that arose out of the
performance of the services, except for the amounts owing which
total $ _____.
A detailed explanatory statement of the amounts owing, including any
amounts in dispute, must be attached as part of this Statutory
Declaration.
And I make this SOLEMN DECLARATION conscientiously believing it to be true
and knowing it is of the same force and effect as if made under oath, and
by virtue of the CANADA EVIDENCE ACT.
Witnessing Authority Declarant:
Please clearly state authority for receiving solemn declaration
______________________________
(Notary Public, Commissioner, or other authorized officer)
DECLARED before me at _____________________
this _______ day of _____________, 19________
_______________________________ _______________________
(Signature of person before whom the Declaration is made
(Signature of Declarant)
_______________________________
(Name of person before whom the Declaration is made)
Notaries affix Notarial Seal
NOTICE:
If this Declaration is not complete in every detail, it will be returned
for completion and payment will be delayed.
Sections 131 and 361 of the Criminal Code of Canada which deals with
offences relating to affidavits are hereby brought to the attention of the
Declarant
R5110T
Effective Date
Item Status
ID
Title
2022-12-01ActiveR5110TGeneral Instructions - Elevator Modernization
Remarks – Recommended Use of SACC Item
This clause is used for Elevator Modernization solicitations.
Legal text for SACC item
- GI01 Integrity provisions—bid
- GI02 Preparation of bid
- GI03 Identity or legal capacity of the Bidder
- GI04 Applicable Taxes
- GI05 Listing of Subcontractors and Suppliers
- GI06 Bid security requirements
- GI07 Submission of bid
- GI08 Bid opening
- GI09 Revision of bid
- GI10 Rejection of bid
- GI11 Bid costs
- GI12 Procurement Business Number
- GI13 Compliance with applicable laws
- GI14 Approval of alternative materials
- GI15 Performance evaluation
- GI16 Conflict of interest—unfair advantage
- GI17 Code of Conduct for Procurement—bid
GI01 (2016-04-04) Integrity provisions—bid
- The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the bid solicitation is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the bid solicitation. The Bidder must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
- Under the Policy, charges and convictions of certain offences against a Bidder, its affiliates or first tier subcontractors, and other circumstances, will or may result in a determination by Public Works and Government Services Canada (PWGSC) that the Bidder is ineligible to enter, or is suspended from entering into a contract with Canada. The list of ineligible and suspended Suppliers is contained in PWGSC’s Integrity Database. The Policy describes how enquiries can be made regarding the ineligibility or suspension of Suppliers.
- In addition to all other information required in the bid solicitation, the Bidder must provide the following:
- by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
- with its bid, a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy. The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form, which can be found at Declaration form for procurement.
- Subject to subsection 5, by submitting a bid in response to this bid solicitation, the Bidder certifies that:
- it has read and understands the Ineligibility and Suspension Policy;
- it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
- it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
- it has provided with its bid a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its proposed first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
- none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first tier subcontractors; and
- it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.
- Where a Bidder is unable to provide any of the certifications required by subsection 4, it must submit with its bid a completed Integrity Declaration Form, which can be found at Declaration form for procurement.
- Canada will declare non-responsive any bid in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Bidder provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Bidder to be ineligible for award of a contract for providing a false or misleading certification or declaration.
GI02 (2013-04-25) Preparation of bid
- The bid must be
- submitted on the Bid and Acceptance Form provided through the Government Electronic Tendering Service (GETS) or on a clear and legible reproduced copy of such Bid and Acceptance Form that must be identical in content and format to the Bid and Acceptance Form provided through GETS;
- based on the Bid Documents listed in the Special Instructions to Bidders;
- correctly completed in all respects;
- signed by a duly authorized representative of the Bidder; and
- accompanied by
- bid security as specified in GI06; and
- any other document or documents specified elsewhere in the solicitation where it is stipulated that said documents are to accompany the bid.
- Subject to paragraph 6) of GI10, any alteration to the pre-printed or pre-typed sections of the Bid and Acceptance Form, or any condition or qualification placed upon the bid shall be cause for disqualification. Alterations, corrections, changes or erasures made to statements or figures entered on the Bid and Acceptance Form by the Bidder shall be initialed by the person or persons signing the bid. Initials shall be original(s). Alterations, corrections, changes or erasures that are not initialed shall be deemed void and without effect.
- Unless otherwise noted elsewhere in the Bid Documents, facsimile copies of bids are not acceptable.
GI03 (2015-02-25) Identity or legal capacity of the Bidder
In order to confirm the authority of the person or persons signing the bid or to establish the Legal capacity under which the Bidder proposes to enter into Contract, any Bidder who carries on business in other than its own personal name shall, if requested by Canada, provide satisfactory proof of
- such signing authority; and
- the Legal capacity under which it carries on business;
prior to contract award. Proof of signing authority may be in the form of a certified copy of a resolution naming the signatory(ies) that is (are) authorized to sign this bid on behalf of the corporation or partnership. Proof of Legal capacity may be in the form of a copy of the articles of incorporation or the registration of the business name of a sole proprietor or partnership.GI04 (2015-02-25) Applicable Taxes
Applicable Taxes means the Goods and Services Tax (GST), the Harmonized Sales Tax (HST), and any provincial tax, by law, payable by Canada such as, the Quebec Sales Tax (QST) as of April 1, 2013.
GI05 (2015-02-25) Listing of Subcontractors and Suppliers
Notwithstanding any list of Subcontractors that the Bidder may be required to submit as part of the bid, the Bidder, within 48 hours of receipt of a notice to do so, submit all information requested in the said notice including the names of Subcontractors and Suppliers for the part or parts of the Work listed. Failure to do so shall result in the disqualification of its bid.
GI06 (2022-12-01) Bid security requirements
- The Bidder shall submit bid security with the bid in the form of a bid bond or a security deposit in an amount that is equal to not less than 10 percent of the bid amount of Part "A". The Applicable Taxes shall not be included when calculating the amount of any bid security or contract security that may be required. The maximum amount of bid security required with any bid is $2,000,000.
- A bid bond form (PWGSC-TPSGC 504) shall be in an approved form, properly completed, with original signatures and issued by an approved company whose bonds are acceptable to Canada either at the time of solicitation closing or as identified on the list displayed in Appendix L, Acceptable Bonding Companies, on the Treasury Board Web site.
- A security deposit shall be an original, properly completed, signed where required and be either
- a bill of exchange, bank draft or money order made payable to the Receiver General for Canada and certified by an approved financial institution or drawn by an approved financial institution on itself; or
- bonds of, or unconditionally guaranteed as to principal and interest by, the Government of Canada.
- For the purposes of subparagraph 3)(a) of GI06
- a bill of exchange is an unconditional order in writing signed by the Bidder and addressed to an approved financial institution, requiring the said institution to pay, on demand, at a fixed or determinable future time a sum certain of money to, or to the order of, the Receiver General for Canada;
- if a bill of exchange, bank draft or money order is certified by or drawn on an institution or corporation other than a chartered bank, it must be accompanied by proof that the said institution or corporation meets at least one of the criteria described in subparagraph 4)(c) of GI06, either by letter or by a stamped certification on the bill of exchange, bank draft or money; and
- An approved financial institution is
- a corporation or institution that is a member of the Canadian Payments Association (Payments Canada) as defined in the Canadian Payments Act;
- a corporation that accepts deposits that are insured, to the maximum permitted by law, by the Canada Deposit Insurance Corporation or the "Autorité des marchés financiers";
- a corporation that accepts deposits from the public if repayment of the deposit is guaranteed by His Majesty the King in right of a province;
- a corporation, association or federation incorporated or organized as a credit union or co-operative credit society that conforms to the requirements of a credit union which are more particularly described in paragraph 137(6) of the Income Tax Act; or
- Canada Post Corporation.
- Bonds referred to in subparagraph 3)(b) of GI06 shall be provided on the basis of their market value current at the date of solicitation closing, and shall be
- payable to bearer;
- accompanied by a duly executed instrument of transfer of the bonds to the Receiver General for Canada in the form prescribed by the Domestic Bonds of Canada Regulations; or
- registered as to principal or as to principal and interest in the name of the Receiver General for Canada pursuant to the Domestic Bonds of Canada Regulations.
- As an alternative to a security deposit an irrevocable standby letter of credit is acceptable to Canada and the amount shall be determined in the same manner as a security deposit referred to above.
- An irrevocable standby letter of credit referred to in paragraph 6) of GI06 shall
- be an arrangement, however named or described, whereby a financial institution (the "Issuer") acting at the request and on the instructions of a customer (the "Applicant") or on its own behalf,
- is to make a payment to, or to the order of, the Receiver General for Canada;
- is to accept and pay bills of exchange drawn by the Receiver General for Canada;
- authorizes another financial institution to effect such payment or accept and pay such bills of exchange; or
- authorizes another financial institution to negotiate against written demand(s) for payment provided that the conditions of the letter of credit are complied with;
- state the face amount which may be drawn against it;
- state its expiry date;
- provide for sight payment to the Receiver General for Canada by way of the financial institution's draft against presentation of a written demand for payment signed by the authorized departmental representative identified in the letter of credit by his/her office;
- provide that more than one written demand for payment may be presented subject to the sum of those demands not exceeding the face value of the letter of credit;
- provide that it is subject to the International Chamber of Commerce (ICC) Uniform Customs and Practice (UCP) for Documentary Credits, 2007 Revision, ICC Publication No. 600. Pursuant to the ICCUCP, a credit is irrevocable even if there is no indication to that effect; and
- be issued (Issuer) or confirmed (Confirmer), in either official language, by a financial institution that is a member of the Canadian Payments Association (Payments Canada) and is on the letterhead of the Issuer or Confirmer. The format is left to the discretion of the Issuer or Confirmer.
- Bid security shall lapse or be returned as soon as practical following
- the solicitation closing date, for those Bidders submitting non-compliant bids; and
- the administrative bid review, for those Bidders submitting compliant bids ranked fourth to last on the schedule of bids; and
- the award of contract, for those Bidders submitting the second and third ranked bids; and
- the receipt of contract security, for the successful Bidder; or
- the cancellation of the solicitation, for all Bidders.
- Notwithstanding the provisions of paragraph 8) of GI06 and provided more than three compliant bids have been received, if one or more of the bids ranked third to first is withdrawn or rejected for whatever reason then Canada reserves the right to hold the security of the next highest ranked compliant bid in order to retain the bid security of at least three valid and compliant bids.
GI07 (2014-03-01) Submission of bid
- The Bid and Acceptance Form, duly completed, and the bid security shall be enclosed and sealed in an envelope provided by the Bidder, and shall be addressed and submitted to the office designated on the Front Page "Invitation to Tender" for the receipt of bids. The bid must be received on or before the date and time set for solicitation closing.
- Unless otherwise specified in the Special Instructions to Bidders
- the bid shall be in Canadian currency;
- the requirement does not offer exchange rate fluctuation risk mitigation. Requests for exchange rate fluctuation risk mitigation will not be considered. All bids including such provision will render the bid non-responsive.
- Prior to submitting the bid, the Bidder shall ensure that the following information is clearly printed or typed on the face of the bid envelope:
- Solicitation Number;
- Name of Bidder;
- Return address; and
- Closing Date and Time.
- Timely and correct delivery of bids is the sole responsibility of the Bidder.
- Canada will make available Notices of Proposed Procurement (NPP), bid solicitations and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, bid solicitation or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Bidder to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Bidder's part nor for notification services offered by a third party.
GI08 (2015-02-25) Bid opening
There will be no public opening of bids.
GI09 (2010-01-11) Revision of bid
- A bid submitted in accordance with these instructions may be revised by letter or facsimile provided the revision is received at the office designated for the receipt of bids, on or before the date and time set for the closing of the solicitation. The letter or facsimile shall be on the Bidder's letterhead or bear a signature that identifies the Bidder.
- The Bidder shall clearly identify the amount of the revision and to which amount and Part of the Offer it applies.
- A revision to a bid that includes unit prices must clearly identify the change(s) in the unit price(s) and the specific item(s) to which each change applies.
- A letter or facsimile submitted to confirm an earlier revision shall be clearly identified as a confirmation.
- Failure to comply with any of the above provisions shall result in the rejection of the non-compliant revision(s) only. The bid shall be evaluated based on the original bid submitted and all other compliant revision(s).
GI10 (2014-09-25) Rejection of bid
- Canada may accept any bid, whether it is the lowest or not, or may reject any or all bids.
- Without limiting the generality of paragraph 1) of GI10, Canada may reject a bid where any of the following circumstances is present:
- the Bidder's bidding privileges are suspended or are in the process of being suspended;
- the bidding privileges of any employee or subcontractor included as part of the bid are suspended or are in the process of being suspended, which suspension or pending suspension would render that employee or subcontractor ineligible to bid on the Work, or the portion of the Work the employee or subcontractor is to perform;
- the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
- evidence, satisfactory to Canada, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of its bid
- evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a sub-contractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly.
- with respect to current or prior transactions with Canada;
- Canada has exercised, or intends to exercise, the contractual remedy of taking the work out of the contractor's hands with respect to a contract with the Bidder, any of its employees or any subcontractor included as part of its bid; or
- Canada determines that the Bidder's performance on other contracts, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
- In assessing the Bidder's performance on other contracts pursuant to subparagraph 2)(f)(ii) of GI10, Canada may consider, but not be limited to, such matters as:
- the quality of workmanship in performing the Work;
- the timeliness of completion of the Work;
- the overall management of the Work and its effect on the level of effort demanded of the department and its representative; and
- the completeness and effectiveness of the Contractor's safety program during the performance of the Work.
- Without limiting the generality of paragraphs 1), 2) and 3) of GI10, Canada may reject any bid based on an unfavourable assessment of the
- adequacy of the bid price to permit the work to be carried out and, in the case of a bid providing prices per unit, whether each such price reasonably reflects the cost of performing the part of the work to which that price applies;
- Bidder's ability to provide the necessary management structure, skilled personnel, experience and equipment to perform competently the work under the Contract; and
- Bidder's performance on other contracts.
- Where Canada intends to reject a bid pursuant to a provision of paragraphs 1), 2), 3) or 4) of GI10, other than subparagraph 2)(a) of GI10, the Contracting Authority will so inform the Bidder and provide the Bidder ten (10) days within which to make representations, before making a final decision on the bid rejection.
- Canada may waive informalities and minor irregularities in bids received if Canada determines that the variation of the bid from the exact requirements set out in the Bid Documents can be corrected or waived without being prejudicial to other Bidders.
GI11 (2015-02-25) Bid costs
No payment will be made for costs incurred in the preparation and submission of a bid in response to the bid solicitation. Costs associated with preparing and submitting a bid, as well as any costs incurred by the Bidder associated with the evaluation of the bid, are the sole responsibility of the Bidder.
GI12 (2020-05-28) Procurement Business Number
Suppliers are required to have a Procurement Business Number (PBN) before contract award. Suppliers may register for a PBN online at Supplier Registration Information.
GI13 (2013-04-25) Compliance with applicable laws
- By submission of a bid, the Bidder certifies that the Bidder has the Legal capacity to enter into a contract and is in possession of all valid licences, permits, registrations, certificates, declarations, filings, or other authorizations necessary to comply with all federal, provincial and municipal laws and regulations applicable to the submission of the bid and entry into any ensuing contract for the performance of the work.
- For the purpose of validating the certification in paragraph 1) of GI13, a Bidder shall, if requested, provide a copy of every valid licence, permit, registration, certificate, declaration, filing or other authorization listed in the request, and shall provide such documentation within the time limit(s) set out in the said request.
- Failure to comply with the requirements of paragraph 2) of GI13 shall result in disqualification of the bid.
GI14 (2015-02-25) Approval of alternative materials
When materials are specified by trade names or trademarks, or by manufacturers' or suppliers' names, the bid shall be based on use of the named materials. During the solicitation period, alternative materials may be considered provided full technical data is received in writing by the Contracting Officer at least 10 calendar days prior to the solicitation closing date. If the alternative materials are approved for the purposes of the bid, an addendum to the bid documents shall be issued.
GI15 (2010-01-11) Performance evaluation
- Bidders shall take note that the performance of the Contractor during and upon completion of the work shall be evaluated by Canada. The evaluation shall be based on the quality of workmanship; timeliness of completion of the work; project management, contract management and management of health and safety. Should the Contractor's performance be considered unsatisfactory, the Contractor's bidding privileges on future work may be suspended indefinitely.
- The form PWGSC-TPSGC 2913, SELECT - Contractor Performance Evaluation Report Form, is used to record the performance.
GI16 (2012-07-16) Conflict of interest—unfair advantage
- In order to protect the integrity of the procurement process, bidders are advised that Canada may reject a bid in the following circumstances:
- if the Bidder, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the bid solicitation or in any situation of conflict of interest or appearance of conflict of interest;
- if the Bidder, any of its subcontractors, any of their respective employees or former employees had access to information related to the bid solicitation that was not available to other bidders and that would, in Canada's opinion, give or appear to give the Bidder an unfair advantage.
- The experience acquired by a Bidder who is providing or has provided the goods and services described in the bid solicitation (or similar goods or services) will not, in itself, be considered by Canada as conferring an unfair advantage or creating a conflict of interest. This Bidder remains however subject to the criteria established above.
- Where Canada intends to reject a bid under this section, the Contracting Authority will inform the Bidder and provide the Bidder an opportunity to make representations before making a final decision. Bidders who are in doubt about a particular situation should contact the Contracting Authority before bid closing. By submitting a bid, the Bidder represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Bidder acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.
GI17 (2022-01-28) Code of Conduct for Procurement—bid
The Code of Conduct for Procurement provides that Bidders must respond to bid solicitations in an honest, fair and comprehensive manner, accurately reflect their capacity to satisfy the requirements set out in the bid solicitation and resulting contract, submit bids and enter into contracts only if they will fulfill all obligations of the Contract. By submitting a bid, the Bidder is certifying that it is complying with the Code of Conduct for Procurement. Failure to comply with the Code of Conduct for Procurement may render the bid non-responsive.