ARCHIVED Federal Contractors Program for Employment Equity

Further to a recent review of the Federal Contractors Program for Employment Equity (FCP-EE) policy, it has been decided to implement the following change in the requirement concerning Certifications of Commitment or Certification numbers.

Bidders will continue to be asked whether the Program applies to them or not, and in the affirmative, they will be required to provide a Certification of Commitment, or their valid Certification number in the case where they have certified their commitment previously.

However, it will no longer be mandatory that this information be provided by bid closing. Contracting officers will be responsible for ensuring compliance of the proposed contractor with the FCP EE requirement prior to contract award.

A revised SACC K2000T is provided in Annex A, and revised SM procedures (5.112 and 7D.364) are provided in Annex B.

ANNEX A - SACC MANUAL CLAUSE

(See Supply Manual procedure 5.113 for exclusions from the FCP EE)

K2000T (xx/xx/xx) Employment Equity

1. The Federal Contractors Program for Employment Equity requires that Canadian organizations bidding for federal government contracts, $200,000.00 and over, make a formal commitment to implement employment equity, as a pre-condition to the validation of their bids. If the bidder is subject to the Program, evidence of its commitment must be provided prior to the award of any contract.

1. The program requirements do not apply to organizations which:
   (  ) have fewer than 100 permanent part-time and/or full time employees across Canada or;
   (  ) are a federally regulated employer.
   (Please check the appropriate item above if applicable)
2. If the bidder's organization does not fall within the parameters of items above, the program requirements do apply and, as such the bidder is required to submit a duly signed Certificate of Commitment as referenced below, or its Certificate number _______ confirming its adherence to the program.

2. In all cases, the bidder is required to produce evidence of supporting information on demand, if such evidence is not provided with its bid. Under no circumstance will a contract be awarded to an organization that does not comply with the requirements of the Federal Contractors Program for Employment Equity, unless it is exempt from the Program.

NOTE:

1. The Federal Contractors Program for Employment Equity applies to Canadian-based bidders only.

2. The Certificate of Commitment, criteria and other information about the Federal Contractors Program for Employment Equity, are available in the Standard Acquisition Clauses and Conditions (SACC) Manual, Section 2, and on the PWGSC Internet site at: http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.

ANNEX B - SUPPLY MANUAL - AMENDMENTS TO PROCEDURES

CHAPTER 5 - SOURCING STRATEGY

Employment Equity

5.112 (xx/xx/xx) The eligibility of suppliers to bid on procurement opportunities may be limited by the Federal Contractors Program for Employment Equity. Contracts for requirements for goods and services valued at $200,000 or more must be awarded to vendors who:

1. have signed the Certificate of Commitment;
2. choose to comply with the employment equity requirements by sending the Certificate of Commitment or providing the certification number, prior to contract award; or
3. are exempted from the employment equity policy.

When the bid is accompanied by an original certificate, the contracting officer will forward that original to the:

• Chief, Federal Contractors Program
• Human Resources Development Canada (HRDC)
• Place du Portage, Phase II
• 165 Hotel de Ville Street, 10th Floor
• Gatineau, Québec K1A 0J2

  OR fax at 613-953-8768.

For requirements falling under the scope of NAFTA or WTO-AGP, the employment equity requirements only apply to vendors operating under Canadian jurisdiction.

CHAPTER 7 - BID HANDLING

Employment Equity

7D.364 (xx/xx/xx) A recommended bid from a supplier subject to the Federal Contractors Program for Employment Equity cannot proceed to award unless a signed Certificate of Commitment or Certificate number is provided.

The Certificate of Commitment or Certificate number is a pre-condition to the validation of bids rather than a condition of the contract.

The contracting officer is to treat any bid, regardless of value, from a supplier under sanction for non-compliance with the Employment Equity policy as non-responsive.