ARCHIVED Standard Instructions - Goods or Services - Non-competitive Requirements

Legal text for SACC item

Public Works and Government Services Canada

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


01     Code of Conduct for Procurement

1.     To comply with the Code of Conduct for Procurement,  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, the following 
       activities are prohibited:

       (a)    payment of a contingency fee by any party to a contract to a 
              person to whom the Lobbying Act (1985, c. 44 (4th Supp.)) 
              applies;

       (b)    corruption, collusion, bid-rigging or any other 
              anti-competitive activity in the bidding process for 
              contracts for the provision of goods or services.       

2.     By submitting a bid, the Bidder certifies that neither the Bidder 
       nor any of the Bidder's Affiliates has ever been convicted of a 
       criminal offence in respect of the activities stated in (a) or (b) 
       above or is the subject of outstanding criminal charges in respect 
       of such activities filed subsequent to September 1, 2010.

3.     Bidders further understand that the commission of certain offences 
       will render them ineligible to be awarded a contract. By submitting 
       a bid, the Bidder certifies that neither the Bidder nor any of the 
       Bidder's Affiliates has ever been convicted or is the subject of 
       outstanding criminal charges in respect of an offence under any of 
       the following provisions:

       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.

4.     For the purpose of this section, business concerns, organizations or 
       individuals are Bidder's Affiliates if, directly or indirectly, 1) 
       either one controls or has the power to control the other, or 2) a 
       third party has the power to control both.  Indicia of control, 
       include, but are not limited to, interlocking management or 
       ownership, identity of interests among family members, shared 
       facilities and equipment, common use of employees, or a business 
       entity created following the charges or convictions contemplated in 
       this section which has the same or similar management, ownership, or 
       principal employees as the Bidder that is charged or convicted, as 
       the case may be.

5.     Except in the limited circumstances set out in subsection 6 below, 
       the Contracting Authority will declare non-responsive any bid in 
       respect of which the information contained in the certifications 
       contemplated above is determined to be untrue in any respect by the 
       Contracting Authority. 

6.     Subsection 5 has no application in the circumstances where a bidder 
       has pled guilty of an offence contemplated in Section 01, 1. (b) and 
       the Bidder has provided with its bid an assurance from the 
       Competition Bureau of Canada indicating that the Bidder has been 
       granted leniency, or in the circumstances where the Bidder provides 
       documentation from the National Parole Board that the Bidder has 
       obtained a criminal pardon in relation to such offence.

7.     The Bidder acknowledges and agrees that the certifications 
       contemplated must remain valid during the period of any resulting 
       contract arising from this bid solicitation.

02     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 system, on the Contracts Canada Web site. For 
non-Internet registration, suppliers may contact the  nearest Supplier 
Registration Agent .                 

03     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.

04     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.

05     Submission of a Bid

1.     Canada requires that each bid, at closing date and time or upon 
       request from the Contracting Authority, 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 10.

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).

06     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.

07     Rejection of Bid

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



       (a)    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;

       (b)    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;

       (c)    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 
                     performed 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. (c), 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.

08     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.

09     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.

10     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.

11     Further Information

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