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Public Works and Government Services Canada

Code of Conduct for Procurement
01     Procurement Business Number
02     Standard Instructions, Clauses and Conditions
03     Definition of Bidder
04     Submission of a Bid
05     Legal Capacity
06     Vendor Performance
07     Price Justification
08     Bid Costs
09     Joint Venture
10     Further Information


Code of Conduct for Procurement

The Code of Conduct for Procurement provides that bidders must respond to 
bid solicitations in an honest, fair and comprehensive manner, accurately 
reflect their capacity to satisfy the requirements stipulated in the bid 
solicitation and resulting contract, submit bids and enter into contracts 
only if they will fulfill all obligations of the contract. 

To ensure fairness, openness and transparency in the bidding process, 
payment of a contingency fee by any party to a contract to a person to whom 
the Lobbyists Registration Act, R.S. 1985, c. 44 (4th Supplement) applies 
is prohibited.

By submitting a bid, the Bidder certifies that it meets the above 
requirements.

Bidders further understand that the commission of certain offences may 
render them ineligible to be awarded a contract. By submitting a bid, the 
Bidder declares that it has not committed an offence under section 121 
(Frauds on the government and Contractor subscribing to election fund), 
section 124 (Selling or Purchasing Office), section 380 (Fraud committed 
against Her Majesty) or section 418 (Selling defective stores to Her 
Majesty) of the Criminal Code of Canada, or under paragraph 80(1)(d) (False 
entry, certificate or return) subsection 80(2) (Fraud against Her Majesty) 
or Section 154.01 (Fraud against Her Majesty) of the Financial 
Administration Act.

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     Definition of Bidder

"Bidder" means the person or entity (or, in the case of a joint venture, 
the persons or entities) submitting a bid to perform a contract for goods, 
services or both. It does not include the parent, subsidiaries or other 
affiliates of the Bidder, or its subcontractors.

04     Submission of a Bid

1.     Canada requires that a 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 09.

2.     The bid 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.

05     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.

06     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), Section 380 (
              Fraud committed against Her Majesty) or Section 418 (Selling 
              defective stores to Her Majesty) of the Criminal Code under 
              paragraph 80(1)(d) (False entry, certificate or return) 
              subsection 80(2) (Fraud against Her Majesty) or Section 154.01 
              (Fraud against Her Majesty) of the Financial Administration 
              Act.

       (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.

07     Price Justification

The Bidder must provide, on Canada's request, one or more of the following 
price justification:

(a)    a current published price list indicating the percentage discount 
       available to Canada; or

(b)    a copy 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.

08     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 are the sole responsibility of the 
Bidder.

09     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.

10     Further Information

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