ARCHIVED Vendor Performance Policy

VENDOR PERFORMANCE CLAUSE

Use of Vendor Performance Clause

Authority to Reject a Bid

Authority to reject a bid under the Vendor Performance Clause (A9100T) rests with the officer responsible for evaluating bids; except that in the case of bids being considered for rejection pursuant to 1(d)(2), 1(d)(3) or 1(d)(4), the authority to reject a bid rests with the appropriate Director General.

Notice to the Bidder

Notice of intent to reject a bid pursuant to this Clause will be given by telephone, and followed by confirming facsimile or letter, except that a bidder excluded under 1(b) will not be notified. The call must be made to an employee of the bidder, with clear and directly related management responsibilities. Notice is considered to have been received by the rejected supplier at the time of the telephone call. The person making the call must note on the file the date and time of the call, and the person spoken to.

Contents of Notice:

The notice must set out the facts and the reasons for the decision to reject the bid. For example: Where a supplier with a record of persistent lateness, but as yet not subject to a VPCM, is excluded from a procurement where timeliness is critical, the notice would cite the contracts on which the supplier was late (facts) and state that this record shows an unacceptable risk in light of the critical nature of the time requirement in the present procurement (reason).

Where a bid is being rejected under 1(c), it is sufficient to cite the VPCM.

Review

A bidder, except a bidder excluded under 1(b), may have the decision to reject reviewed by the Assistant Deputy Minister, Supply Operations Service Branch. It is entirely in the ADM/SOSB's discretion, whether the bid evaluation and contract award process will be held up, to give time to review the decision.

A review by the ADM/SOSB will result in an investigation, and a decision. Such a decision can have effect beyond the particular procurement from which the supplier has been rejected. When the decision has been made, the bidder will be informed of the results, in writing.

A9100T Vendor Performance

Remarks: This clause is to be used in all competitive bid solicitations.

1. Canada may reject a bid where any of the following circumstances is present:

1. the Bidder, or any employee or subcontractor included as part of the bid, 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
   
   Authority: evaluator
2. the Bidder is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Policy, which renders the Bidder ineligible to bid on the Work;
   
   Authority: evaluator
3. an employee or subcontractor included as part of the bid, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Policy, which 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;
   
   Authority: evaluator
4. with respect to current or prior transactions with the Government of Canada
   1. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
      
      Authority: evaluator
   2. 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;
      
      Authority: Director General
   3. Canada has exercised its contractual remedies of suspension or termination for default with respect to a Contract with the Bidder, any of its employees or any subcontractor included as part of its bid; or
      
      Authority: Director General
   4. Canada determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder executed the work in accordance with contractual terms and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
      
      Authority: Director General

2. Where Canada intends to reject a bid pursuant to a provision of paragraph 1, other than 1(b), the Contracting Authority will so inform the Bidder and provide the Bidder ten (10) days within which to make representations, prior to making a final decision on the bid rejection.

A9100T Vendor Performance

Remarks: This clause is to be used in all competitive bid solicitations.

1. Canada may reject a bid where any of the following circumstances is present:

1. the Bidder, or any employee or subcontractor included as part of the bid, 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
2. the Bidder is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Policy, which renders the Bidder ineligible to bid on the Work;
3. an employee or subcontractor included as part of the bid, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Policy, which 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;
4. with respect to current or prior transactions with the Government of Canada
   1. the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   2. 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;
   3. Canada has exercised its contractual remedies of suspension or termination for default with respect to a Contract with the Bidder, any of its employees or any subcontractor included as part of its bid; or
   4. Canada determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder executed the work in accordance with contractual terms and conditions, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.

2. Where Canada intends to reject a bid pursuant to a provision of paragraph 1, other than 1(b), the Contracting Authority will so inform the Bidder and provide the Bidder ten (10) days within which to make representations, prior to making a final decision on the bid rejection.