Archived - Standard Acquisition Clauses and Conditions Manual - S - Supply Arrangements

The Supplier agrees to the disclosure of its prices provided under the Supply Arrangement by Canada, and further agrees that it will have no right to claim against Canada, the client, their employees, agents or servants in relation to such disclosure.

The Supplier must compile and maintain records on its provision of goods, services or both to the federal government under contracts resulting from the Supply Arrangement. This data must include all purchases, including those paid for by a Government of Canada Acquisition Card.

The Supplier must provide this data in accordance with the reporting requirements detailed in Annex "______". If some data is not available, the reason must be indicated. If no goods or services are provided during a given period, the Supplier must still provide a "NIL" report.

The data must be submitted on a _______ (insert "quarterly basis" or specify an alternate reporting period) to the Supply Arrangement Authority.

(If an alternate reporting period is required, delete the quarterly periods provided below and define the alternate reporting period.)

The quarterly reporting periods are defined as follows:

• 1st quarter: April 1 to June 30;
• 2nd quarter: July 1 to September 30;
• 3rd quarter: October 1 to December 31;
• 4th quarter: January 1 to March 31.

The data must be submitted to the Supply Arrangement Authority no later than ______ (insert number of days) calendar days after the end of the reporting period.

This request for supply arrangements (RFSA) cancels and supersedes previous RFSA number ______ dated _______ with a closing of ______ (insert the closing date) at ________ (insert the closing time).

Instruction to supply arrangement authorities: complete and insert one of the following options:

Option 1

A Suppliers' conference will be held at ________________ (insert address) on ________________ (insert date [e.g. 17 March 2014]). The conference will begin at ________________ (insert time [e.g. 14:00 EST or EDT]), in ________________ (insert location/room number). The scope of the requirement outlined in the Request for Supply Arrangements (RFSA) will be reviewed during the conference and questions will be answered. It is recommended that Suppliers who intend to submit an arrangement attend or send a representative.

Suppliers are requested to communicate with the Supply Arrangement Authority before the conference to confirm attendance. Suppliers should provide, in writing, to the Supply Arrangement Authority, the name(s) of the person(s) who will be attending and a list of issues they wish to table no later than ____________(insert date and time).

Any clarifications or changes to the RFSA resulting from the Suppliers' conference will be included as an amendment to the RFSA. Suppliers who do not attend will not be precluded from submitting an arrangement.

Option 2

A Suppliers' conference will be held at ________________ (insert address) on ________________ (insert date [e.g. 17 March 2014]). The conference will begin at ________________ (insert time [e.g. 14:00 EST or EDT]), in ________________ (insert location/room number). The scope of the requirement outlined in the Request for Supply Arrangements (RFSA) will be reviewed during the conference and questions will be answered. It is recommended that Suppliers who intend to submit an arrangement attend or send a representative.

Personnel security screening is required prior to gaining authorized access to ________________ (insert PROTECTED information, assets, or sites or CLASSIFIED information, assets or sites). Suppliers are requested to communicate with the Supply Arrangement Authority before the conference to confirm attendance. Suppliers should provide, in writing, to the Supply Arrangement Authority, the name(s) of the person(s) who will be attending and a list of issues they wish to table no later than ____________(insert date and time). The Supplier’s Company Security Officer (CSO) must ensure that their representatives hold a valid security clearance at the required level for the Suppliers’ conference. Failure to comply with the security requirements will result in the representatives being denied access to the Suppliers’ conference.

Any clarifications or changes to the RFSA resulting from the Suppliers' conference will be included as an amendment to the RFSA. Suppliers who do not attend will not be precluded from submitting an arrangement.

1. Financial Viability Requirement: The Supplier must be financially viable to enter into this Supply Arrangement. To determine the Supplier's financial viability, the Supply Arrangement Authority may, by written notice to the Supplier, require the submission of some or all of the financial information detailed below during the evaluation of arrangements. The Supplier must provide the following information to the Supply Arrangement Authority within 15 working days of the request or as specified by the Supply Arrangement Authority in the notice:
   1. Audited financial statements, if available, or the unaudited financial statements (prepared by the Supplier's outside accounting firm, if available, or prepared in-house if no external statements have been prepared) for the Supplier's last three fiscal years, or for the years that the Supplier 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).
   2. 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 Supply Arrangement Authority, the Supplier 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 Supply Arrangement Authority requests this information.
   3. If the Supplier has not been in business for at least one full fiscal year, the following must be provided:
      1. the opening Balance Sheet on commencement of business (in the case of a corporation, the date of incorporation); and
      2. 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 Supply Arrangement Authority requests this information.
   4. A certification from the Chief Financial Officer or an authorized signing officer of the Supplier that the financial information provided is complete and accurate.
2. If the Supplier is a joint venture, the financial information required by the Supply Arrangement Authority must be provided by each member of the joint venture.
3. If the Supplier is a subsidiary of another company, then any financial information in 1. (a) to (d) above required by the Supply Arrangement Authority must be provided by the ultimate parent company.
4. Financial Information Already Provided to Public Works and Government Services Canada (PWGSC): The Supplier is not required to resubmit any financial information requested by the Supply Arrangement 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:
   1. the Supplier identifies to the Supply Arrangement Authority in writing the specific information that is on file and the requirement for which this information was provided; and
   2. the Supplier authorizes the use of the information for this requirement.
   It is the Supplier's responsibility to confirm with the Supply Arrangement Authority that this information is still on file with PWGSC.
5. Other Information: Canada reserves the right to request from the Supplier any other information that Canada requires to conduct a complete financial capability assessment of the Supplier. The Supplier also understands that a complete financial capability review of the Supplier may also be conducted at the time individual bid solicitations are issued under the supply arrangement.
6. Confidentiality: If the Supplier 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).

An arrangement must comply with the requirements of the Request for Supply Arrangements and meet all mandatory technical evaluation criteria and financial evaluation criteria to be declared responsive.

1. To be declared responsive, an arrangement must:
   1. comply with all the requirements of the Request for Supply Arrangements; and
   2. meet all mandatory technical evaluation criteria; and
   3. ________ (insert one of the options provided under the remarks section above.)
2. Arrangements not meeting (a), (b) or (c) above will be declared non-responsive.

The Supplier certifies that all the information provided in the résumés and supporting material submitted with the arrangement, particularly the information pertaining to education, achievements, experience and work history, has been verified by the Supplier to be true and accurate.

• Clause 1

  Suppliers must submit ceiling prices for all items listed in Annex(es) "_____ ".
• OR

  Clause 2

  Suppliers must submit ceiling prices for one or multiple groups of items. However, suppliers must submit ceiling prices for all items listed in the group(s) of items for which they submit prices. The groups of items are as follows:
  1. Group A: All items listed in Annex "____"
  2. Group B: All items listed in Annex "____"
  3. Group C: All items listed in Annex "____"
  4. Group D: All items listed in Annex "____".

• Clause 1

  Suppliers must submit ceiling rates for all categories of resources listed in Annex(es) "______".
• OR

  Clause 2

  Suppliers must submit ceiling rates for one or multiple groups of resource categories. However, suppliers must submit ceiling rates for all categories listed in the group(s) for which they submit rates. The groups of categories are as follows:
  1. Group A: All categories of resources listed in Annex "____"
  2. Group B: All categories of resources listed in Annex "____"
  3. Group C: All categories of resources listed in Annex "____"
  4. Group D: All categories of resources listed in Annex "____".

The Supplier is required to submit ceiling prices, rates or both that will apply for the term of the Supply Arrangement.

The Supplier certifies that, should it be issued a supply arrangement as a result of the request for supply arrangements, every individual proposed in the arrangement or individuals with similar qualifications and experience will be available for the term of the supply arrangement.

If the Supplier has proposed any individual who is not an employee of the Supplier, the Supplier certifies that it has the permission from that individual to propose his/her services in relation to the Work to be performed and to submit his/her résumé to Canada. The Supplier must, upon request from the Supply Arrangement Authority, provide a written confirmation, signed by the individual, of the permission given to the Supplier and of his/her availability.

1. This procurement is set aside under the federal government Procurement Strategy for Indigenous Business. For more information on Indigenous business requirements of the Set-aside Program for Indigenous Business see Annex 9.4, of the Supply Manual.
2. The Supplier:
   1. certifies that it meets, and will continue to meet throughout the duration of the Arrangement, the requirements described in the above-mentioned annex.
   2. agrees that any subcontractor it engages under the Arrangement must satisfy the requirements described in the above-mentioned annex.
   3. agrees to provide to Canada, immediately upon request, evidence supporting any subcontractor's compliance with the requirements described in the above-mentioned annex.
3. The Supplier must check one applicable box below:
   ( ) The Supplier is an Indigenous business that is a sole proprietorship, band, limited company, co-operative, partnership or not-for-profit organization.
   ( ) The Supplier is either a joint venture consisting of two or more Indigenous businesses or a joint venture between an Indigenous business and a non-Indigenous business.
4. The Supplier must, upon request by Canada, provide all information and evidence supporting this certification. The Supplier must ensure that this evidence will be available for audit during normal business hours by a representative of Canada, who may make copies and take extracts from the evidence. The Supplier must provide all reasonably required facilities for any audits.
5. By submitting an arrangement, the Supplier certifies that the information submitted by the Supplier in response to the above requirements is accurate and complete.

If requested by the Supply Arrangement Authority, the Supplier must provide the following certification for each owner who is Indigenous:

1. I am an owner of ___________(insert name of business), and an Indigenous person, as defined in Annex 9.4 of the Supply Manual, entitled "Requirements for the Set-aside Program for Indigenous Business".
2. I certify that the above statement is true and consent to its verification upon request by Indigenous Services Canada.
   ________________________________
   Printed name of owner
   _____________________________
   Signature of owner
   ___________________
   Date