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

Legal text for SACC item

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

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:

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


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.
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.
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.
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.
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.
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 online at Supplier Registration
Information. For non-Internet registration, suppliers may
contact the InfoLine at 1-800-811-1148 to obtain the telephone
number of 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

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.
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

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

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;
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;
with respect to current or prior transactions with
the Government of Canada

the Bidder is bankrupt or where, for whatever reason,
its activities are rendered inoperable for an extended period;
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;
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;
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.


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 current published price list indicating the
percentage discount available to Canada; or
a copy of paid invoices for the like quality and
quantity of the goods, services or both sold to other customers;
or
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
price or rate certifications; or
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

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:

the name of each member of the joint venture;
the Procurement Business Number of each member of the
joint venture;
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;
the name of the joint venture, if applicable.


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