ARCHIVED Standard Instructions - Goods or Services

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Legal text for SACC item

Use the following standard instructions for Low Dollar Value and Medium 
Complexity Competitive and Non-competitive requirements, for goods or 

Public Works and Government Services Canada

01     Procurement Business Number
02     Standard Instructions, Clauses and Conditions
03     Submission of Bids
04     Late Bids
05     Delayed Bids
06     Transmission by Facsimile
07     Customs Clearance
08     Legal Capacity
09     Rights of Canada
10     Vendor Performance
11     Communications - Solicitation Period
12     Price Support
13     Bid Costs
14     Conduct of Evaluation
15     Further Information

01     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:  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.

02     Standard Instructions, Clauses and Conditions

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 title, number and date 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.

03     Submission of Bids

1.     Canada requires that each bid be signed by the Bidder or by an 
       authorized representative of the Bidder.  If a bid is being 
       submitted by a joint venture, the bid must clearly state that it is 
       submitted as a joint venture and must be signed by all members of 
       the joint venture or a statement must be provided to the effect that 
       the signatory represents all members of the joint venture.

2.     It is the Bidder's responsibility to:

       (a)    obtain clarification of the requirements contained in the bid 
              solicitation, if necessary, prior to submitting a bid;

       (b)    prepare its bid in accordance with the instructions contained 
              in the bid solicitation; 
       (c)    submit by closing time and date a signed and complete bid;

       (d)    send its bid only to Public Works and Government Services 
              Canada (PWGSC) Bid Receiving Unit specified on page 1 of the 
              bid solicitation or to the address specified in the bid 

       (e)    ensure that the Bidder's name, return address, the bid 
              solicitation number, and bid solicitation closing date and 
              time are clearly visible on the envelope or the parcel(s) 
              containing the bid; and,

       (f)    provide a comprehensible and sufficiently detailed bid, 
              including all requested pricing details, that will permit a 
              complete evaluation in accordance with the criteria set out 
              in the bid solicitation.

3.     If Canada has provided bidders with multiple formats of a document 
       (for example, a document may be downloaded through the GETS, but may 
       also be made available on CD-ROM through GETS), the format 
       downloaded through the GETS will take precedence. If Canada issues 
       an amendment to the bid solicitation revising any documents provided 
       to bidders in multiple formats, Canada will not necessarily update 
       all formats to reflect these revisions.  It is the Bidder's 
       responsibility to ensure that revisions made through any 
       solicitation amendment issued through the GETS are taken into 
       account in the alternate formats it uses of bid solicitation 

4.     Bids will remain open for acceptance for a period of not less than 
       sixty (60) days from the closing date of the bid solicitation, 
       unless otherwise indicated in the bid solicitation.  Canada reserves 
       the right to seek an extension of the bid validity period from all 
       responsive bidders in writing, within a minimum of three (3) days 
       prior to the end of the bid validity period.  If the extension is 
       accepted by all responsive bidders, Canada will continue with the 
       evaluation of the bids.  If the extension is not accepted by all 
       responsive bidders, Canada will, at its sole discretion, either 
       continue with the evaluation of the bids of those who have accepted 
       the extension or cancel the solicitation.

5.     Bid documents and supporting information may be submitted in either 
       English or French.

6.     For Canadian-based bidders, Canadian customs duties and excise taxes 
       must be included and, Goods and Services Tax (GST) or Harmonized 
       Sales Tax (HST) must be excluded. For foreign-based bidders, 
       Canadian customs duties, excise taxes and GST or HST, must be 
       excluded. Canadian customs duties and excise taxes payable by Canada 
       will be added, for evaluation purposes only, to the prices submitted 
       by foreign-based bidders.

       Although Canada reserves the right to award the contract(s) either 
       on an FOB plant or FOB destination basis or other Incoterms as 
       indicated in the bid solicitation document, bidders are requested to 
       provide prices as indicated in the bid solicitation document. 

7.     Bids received on or before the stipulated bid solicitation closing 
       date and time will become the property of Canada and will not be 
       returned.  All bids will be treated as confidential, subject to the 
       provisions of the Access to Information Act, R.S. 1985, c.A-1 and 
       the Privacy Act, R.S. 1985, c.P-21.

8.     Except as specifically provided otherwise in the bid solicitation, 
       Canada will evaluate a bidder's bid only on the documentation 
       provided as part of its bid.  Canada will not evaluate information 
       not submitted with the bid, such as references to website addresses 
       where additional information can be found or technical manuals or 
       brochures not submitted with the bid.

04     Late Bids 
Public Works and Government Services Canada (PWGSC) will return bids 
delivered after the stipulated bid solicitation closing date and time, 
unless they qualify as a delayed bid as described below.

05     Delayed Bids

1.     A bid delivered to the specified Bid Receiving Unit after the 
       closing date and time but before the contract award date may be 
       considered, provided the delay can be proven to have been due solely 
       to a delay in delivery that can be attributed to the Canada Post 
       Corporation (CPC) (or national equivalent of a foreign country).  
       Purolator Inc. is not considered to be part of CPC for the purposes 
       of delayed bids.  The only pieces of evidence relating to a delay in 
       the CPC system that are acceptable to PWGSC are:

       (a)    a CPC cancellation date stamp; or
       (b)    a CPC Priority Courier Bill of Lading; or
       (c)    a CPC Xpresspost Label 

       that clearly indicates that the bid was mailed before the bid 
       closing date.

2.     For bids transmitted by facsimile, only the date, time and place of 
       receipt recorded by PWGSC will be accepted as evidence of a delayed 

3.     Misrouting, traffic volume, weather disturbances, labour disputes or 
       any other causes for the late delivery of bids are not acceptable 
       reasons for the bid to be accepted by PWGSC.

4.     Postage meter imprints, whether imprinted by the Bidder, the CPC or 
       the postal authority outside Canada, are not acceptable as proof of 
       timely mailing.

06     Transmission by Facsimile

1.     Unless otherwise instructed in the bid solicitation, bids may be 
       submitted by facsimile.  The only acceptable facsimile number for 
       responses to bid solicitations issued by PWGSC headquarters is (819) 
       997-9776.  The facsimile number for responses to bid solicitations 
       issued by PWGSC regional offices is identified in the bid 

2.     If the Bidder submits a bid by facsimile, Canada will not be 
       responsible for any failure attributable to the transmission or 
       receipt of the faxed bid including, but not limited to, the 

       (a)    receipt of garbled or incomplete bid;
       (b)    availability or condition of the receiving facsimile 
       (c)    incompatibility between the sending and receiving equipment;
       (d)    delay in transmission or receipt of the bid;
       (e)    failure of the Bidder to properly identify the bid;
       (f)    illegibility of the bid; or 
       (g)    security of bid data.

3.     Bids submitted by facsimile will constitute the formal bid of the 
       Bidder and must be submitted in accordance with section 3.  For 
       responses transmitted by facsimile, written confirmation is required 
       within two (2) working days after bid closing, unless otherwise 
       specified in the solicitation.  All documents confirming bids should 
       bear the word "CONFIRMATION".

07     Customs Clearance

It is the responsibility of the Bidder to allow sufficient time to obtain 
customs clearance, where required, before the bid closing date and time.  
Delays related to the obtaining of customs clearance cannot be construed as 
"undue delay in the mail" and will not be accepted as a delayed bid under 
section 5.

08     Legal Capacity

The Bidder must have the legal capacity to contract.  If the Bidder is a 
sole proprietorship, a partnership or a corporate body, the Bidder 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 bidders submitting a bid as a 
joint venture.

09     Rights of Canada

Canada reserves the right to:

(a)    reject any or all bids received in response to the bid solicitation;

(b)    enter into negotiations with bidders on any or all aspects of their 

(c)    accept any bid in whole or in part without negotiations;

(d)    cancel the bid solicitation at any time; 

(e)    reissue the bid solicitation; 

(f)    if no compliant bids are received and the requirement is not 
       substantially modified, re-tender the requirement by inviting only 
       the bidders who bid to re-submit bids within a period designated by 
       Canada; and, 

(g)    negotiate with the sole compliant Bidder to ensure best value to 

10     Vendor Performance

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

       (a)    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), 
              Section 124 (Selling or purchasing office), or Section 418 (
              Selling defective stores to Her Majesty) of the Criminal Code; 

       (b)    the Bidder is subject to a Vendor Performance Corrective 
              Measure, under the Vendor Performance Policy, which renders 
              the Bidder ineligible to bid on the requirement;

       (c)    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 requirement, or the 
              portion of the requirement the employee or subcontractor is 
              to perform;

       (d)    with respect to current or prior transactions with the 
              Government of Canada

              (i)    the Bidder is bankrupt or where, for whatever reason, 
                     its activities are rendered inoperable for an extended 

              (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 
                     Bidder, any of its employees or any subcontractor 
                     included as part of its bid;

              (iii)  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; 

              (iv)   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 requirement 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 

11     Communications - Solicitation Period

To ensure the integrity of the competitive bid process, enquiries and other 
communications regarding the bid solicitation, must be directed only to the 
Contracting Authority identified in the bid solicitation.  Failure to 
comply can, for that reason alone, result in the disqualification of the 

To ensure consistency and quality of information provided to bidders, 
significant enquiries received and the replies to such enquiries will be 
provided simultaneously to bidders to which the bid solicitation has been 
sent, without revealing the sources of the enquiries.

12     Price Support

In the event that the Bidder's bid is the sole responsive bid received, the 
Bidder must provide, on Canada's request, one or more of the following 
price support if applicable:

(a)    a current published price list indicating the percentage discount 
       available to Public Works and Government Services Canada (PWGSC);

(b)    copies of paid invoices for like services performed for other 
       customers or for like items (same quantity and quality) sold to 
       other customers;

(c)    a price breakdown showing the cost of direct labour, direct 
       materials, purchased items, engineering and plant overheads, general 
       and administrative overhead, transportation, etc., profit;

(d)    price or rate certification;

(e)    any other supporting documentation as requested by Canada.

13     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.

14     Conduct of Evaluation
In conducting its evaluation of the bids, Canada may, but will have no 
obligation to, do the following:

(a)    seek clarification or verification from bidders regarding any or all 
       information provided by them with respect to the bid solicitation;

(b)    contact any or all references supplied by bidders to verify and 
       validate any information submitted by them;

(c)    request, before award of any contract, specific information with 
       respect to bidders' legal status;

(d)    conduct a survey of bidders' facilities and/or examine their 
       technical, managerial, and financial capabilities to determine if 
       they are adequate to meet the requirements of the bid solicitation;

(e)    correct any error in the extended pricing of bids by using unit 
       pricing and any error in quantities in bids to reflect the 
       quantities stated in the bid solicitation;

(f)    verify any information provided by bidders through independent 
       research, use of any government resources or by contacting third 

(g)    interview, at the sole costs of bidders, any bidder and/or any or 
       all of the resources proposed by bidders to fulfill the requirement 
       of the bid solicitation.

Bidders will have the number of days specified in the request by the 
Contracting Authority to comply with any request related to any of the 
above items.  Failure to comply with the request may result in the bid 
being declared non-responsive.

15     Further Information

1.     For further information, bidders may contact the Contracting 
       Authority identified in the bid solicitation.

2.     For bid solicitations issued out of PWGSC headquarters, enquiries 
   concerning receipt of bids may be addressed to the Bid Receiving Unit, 
   Procurement Operational Support Division, telephone (819) 956-3370.  For 
   bid solicitations issued out of PWGSC regional offices, enquiries 
   concerning receipt of bids may be addressed to the Contracting Authority 
   identified in the bid solicitation.