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ARCHIVED Standard Instructions - Goods or Services

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2003   00     (2007-05-25)  Standard Instructions - Goods or Services

Use the following standard instructions for competitive and non-competitive 
requirements for goods, services or both.

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     Joint Venture
16     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: 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.

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 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.

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 submitted by a 
       joint venture, it must be in accordance with section 15.

2.     It is the Bidder's responsibility to:

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

       (b)    prepare its bid in accordance with the instructions contained 
              in the bid solicitation;

       (c)    submit by closing date and time 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 
              solicitation;

       (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 
       documents.

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 specified otherwise 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 
       before 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 the purpose of this subsection, bidders with an address in 
       Canada are considered Canadian-
based bidders and bidders with an address outside of Canada are considered 
foreign-based bidders.

       (a)    Canadian-based bidders must submit firm prices, Canadian 
              customs duties and excise taxes included, and Goods and 
              Services Tax (GST) or Harmonized Sales Tax (HST) excluded.

       (b)    Foreign-based bidders must submit firm prices, Canadian 
              customs duties and excise taxes and GST or HST 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 either on 
       an FOB plant or FOB destination, Canada requests that bidders 
       provide prices FOB their plant or shipping point and FOB destination.  
       Bids will be assessed on an FOB destination basis.

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.     Unless specified otherwise in the bid solicitation, Canada will 
       evaluate only the documentation provided with a bidder's bid.  
       Canada will not evaluate information 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

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 
       bid.

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 specified otherwise 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 solicitation.

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 
       following:

       (a)    receipt of garbled or incomplete bid;
       (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 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 03.  For 
       responses transmitted by facsimile, written confirmation is required 
       within two (2) working days after bid closing, unless specified 
       otherwise in the bid 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 05.

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 
       bids;

(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 responsive  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 responsive Bidder to ensure best value to 
       Canada. 
10     Vendor Performance

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

       (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; 
              or,

       (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 
                     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 
                     Bidder, any of its employees or any subcontractor 
                     included as part of the 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 the 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 work in accordance with contractual 
                     clauses 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 
       subsection 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, before making a final decision on the bid 
       rejection.

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 with the request may result in the bid being declared non-responsive.

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 Canada; or

(b)    copies of paid invoices for the like quality and quantity of the 
       goods, services or both sold to other customers; or

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

(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 
       parties;

(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     Joint Venture

1.     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.  Bidders who bid as a joint 
       venture must indicate clearly that it is a joint venture and provide 
       the following information:

       (a)    the name of each member of the joint venture;
       (b)    the Procurement Business Number of each member of the joint 
              venture;
       (c)    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;
       (d)    the name of the joint venture, if applicable.

2.     If the information is not clearly provided in the bid, the Bidder 
       must provide the information on request from the Contracting 
       Authority.

3.     The bid 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.

16     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.