ARCHIVED Standard Instructions - Request for Standing Offers - Goods or Services

Legal text for SACC item

Public Works and Government Services Canada

General Information
01.    Procurement Business Number
02.    Standard Instructions, Clauses and Conditions 
03.    Submission of Offers
04.    Late Offers
05.    Delayed Offers
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.    Offer Costs
14.    Conduct of Evaluation
15.    Further Information

General Information

One method of supply used by Public Works and Government Services Canada 
(PWGSC) to satisfy the requirements of departments and agencies is to 
arrange with suppliers to submit a standing offer to provide goods, 
services or both during a specified period.  Specific departments and 
agencies are then authorized by PWGSC to make call-ups against the standing 
offer detailing the exact quantities of goods or level of services they 
wish to order at a particular time, during the effective period of the 
standing offer in accordance with the predetermined conditions.

The process normally starts with a Request for Standing Offer (RFSO) that 
suppliers may obtain through the Government Electronic Tendering Service 
(GETS). A RFSO is an invitation to suppliers to provide PWGSC with a 
standing offer.  The quantity of goods, level of services and estimated 
expenditure specified in the RFSO are only an approximation of requirements 
given in good faith.  A RFSO does not commit PWGSC to authorize the 
utilization of a standing offer or to procure or contract for any goods, 
services or both.  A standing offer is not a contract. The issuance by 
PWGSC of a Standing Offer and Call-up Authority (SOCA) to successful 
suppliers and to departments and agencies authorized to make call-ups does 
not constitute an agreement by Canada to order any or all of the goods, 
services or both offered.  Departments and agencies may make one or several 
call-ups against a standing offer. 

01.    Procurement Business Number

Canadian suppliers are required to have a Procurement Business Number (PBN) 
before issuance of a standing offer.  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 RFSO, 
standing offer and resulting contract(s) by title, number and date are 
incorporated by reference into and form part of the RFSO, standing offer 
and resulting contract(s) as though expressly set out in the RFSO, the 
standing offer and the resulting contract(s). 

03.    Submission of Offers

1.     Canada requires that each offer be signed by the Offeror or by an 
       authorized representative of the Offeror.  If an offer is being 
       submitted by a joint venture, the offer 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 Offeror's responsibility to: 
       (a)    obtain clarification of the requirements contained in the 
              RFSO, if necessary, before submitting an offer;
       (b)    prepare its offer in accordance with the instructions 
contained in the RFSO;
       (c)    submit by closing time and date a signed and complete offer;
       (d)    send its offer only to Public Works and Government Services 
              Canada (PWGSC) Bid Receiving Unit specified on page 1 of the 
              RFSO or to the address specified in the RFSO;
       (e)    ensure that the Offeror's name, return address, RFSO number, 
              and RFSO closing date and time are clearly visible on the 
              envelope or the parcel(s) containing the offer; and,
       (f)    provide a comprehensible and sufficiently detailed offer, 
              including all requested pricing details, that will permit a 
              complete evaluation in accordance with the criteria set out 
              in the RFSO.

3.     If Canada has provided offerors 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 RFSO revising any documents provided to offerors 
       in multiple formats, Canada will not necessarily update all formats 
       to reflect these revisions.  It is the Offeror's responsibility to 
       ensure that revisions made through any RFSO amendment issued through 
       the GETS are taken into account in the alternate formats it uses of 
       RFSO documents.

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

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

6.     For Canadian-based offerors, 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 offerors, 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 offerors.

       Although Canada reserves the right to issue standing offer(s) either 
       on an FOB plant or FOB destination basis or other Incoterms as 
       indicated in the RFSO, offerors are requested to provide prices as 
       indicated in the RFSO.

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

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

04.    Late Offers

PWGSC will return offers delivered after the stipulated RFSO closing date 
and time, unless they qualify as a delayed offer as described below.

05.    Delayed Offers

1.     An offer delivered to the specified Bid Receiving Unit after the 
       closing date and time but before the standing offer issuance 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 offers.  The only pieces of evidence relating to a delay 
       in the CPC system that are acceptable to PWGSC are:

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

       that clearly indicates that the offer was mailed before the RFSO 
       closing date.

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

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

4.     Postage meter imprints, whether imprinted by the Offeror, 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 RFSO, offers may be submitted by 
       facsimile. The only acceptable facsimile number for responses to 
       RFSOs issued by PWGSC headquarters is (819) 997-9776.  The facsimile 
       number for responses to RFSOs issued by PWGSC regional offices is 
       identified in the RFSO.

2.     If the Offeror submits an offer by facsimile, Canada will not be 
       responsible for any failure attributable to the transmission or 
       receipt of the faxed offer including, but not limited to, the 
       following:

       (a)    receipt of garbled or incomplete offer;
       (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 offer;
       (e)    failure of the Offeror to properly identify the offer;
       (f)    illegibility of the offer; or 
       (g)    security of offer data.

3.     Offers submitted by facsimile will constitute the formal offer of 
       the Offeror and must be submitted in accordance with Section 03, 
       Submission of Offers.  For responses transmitted by facsimile, 
       written confirmation is required within two (2) working days after 
       RFSO closing, unless otherwise specified in the RFSO. All documents 
       confirming offers should bear the word "CONFIRMATION".

07.    Customs Clearance

It is the responsibility of the Offeror to allow sufficient time to obtain 
customs clearance, where required, before the RFSO 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 offer under 
Section 05, Delayed Offers.

08.    Legal Capacity

The Offeror must have the legal capacity to contract. If the Offeror is a 
sole proprietorship, a partnership or a corporate body, the Offeror must 
provide, if requested by the Standing Offer 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 offerors submitting an offer as 
a joint venture.

09.    Rights of Canada

Canada reserves the right to:

(a)    reject any or all offers received in response to the RFSO;
(b)    enter into negotiations with offerors on any or all aspects of their 
offers;
(c)    authorize for utilization any offer in whole or in part without 
negotiations;
(d)    cancel the RFSO at any time;
(e)    reissue the RFSO;
(f)    if no compliant offers are received and the requirement is not 
       substantially modified, re-tender the requirement by inviting only 
       the offerors who submitted an offer to re-submit offers within a 
       period designated by Canada; and, 
(g)    negotiate with the sole compliant Offeror to ensure best value to 
Canada.

10.    Vendor Performance

1.     Canada may reject an offer where any of the following circumstances 
is present:

       (a)    the Offeror, or any employee or subcontractor included as 
              part of the offer, 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 Offeror is subject to a Vendor Performance Corrective 
              Measure, under the Vendor Performance Policy, which renders 
              the Offeror ineligible to bid on the requirement;

       (c)    an employee or subcontractor included as part of the offer, 
              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 Offeror 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 
                     Offeror, any of its employees or any subcontractor 
                     included as part of its offer;

              (iii)  Canada has exercised its contractual remedies of 
                     suspension or termination for default with respect to 
                     a contract with the Offeror, any of its employees or 
                     any subcontractor included as part of its offer;

              (iv)   Canada determines that the Offeror's performance on 
                     other contracts, including the efficiency and 
                     workmanship as well as the extent to which the Offeror 
                     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 an offer pursuant to a provision of 
       paragraph 1, other than 1.(b), the Standing Offer Authority will so 
       inform the Offeror and provide the Offeror ten (10) days within 
       which to make representations, before making a final decision on the 
       offer rejection.

11.    Communications - Solicitation Period

To ensure the integrity of the competitive RFSO process, enquiries and 
other communications regarding the RFSO, must be directed only to the 
Standing Offer Authority identified in the RFSO.  Failure to comply can 
(for that reason alone) result in the disqualification of the offer.

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

12.    Price Support

In the event that the Offeror's offer is the sole responsive offer received, 
the Offeror 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 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 certifications;

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

13.    Offer Costs

No payment will be made for costs incurred in the preparation and 
submission of an offer in response to the RFSO. Costs associated with 
preparing and submitting an offer as well as any costs incurred by the 
Offeror associated with the evaluation of the offer, are the sole 
responsibility of the Offeror.

14.    Conduct of Evaluation

In conducting its evaluation of the offers, Canada may, but will have no 
obligation to, do the following:

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

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

(c)    request, before issuance of any standing offer, specific information 
       with respect to offerors' legal status;

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

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

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

(g)    interview, at the sole costs of offerors, any offeror and/or any or 
       all of the resources proposed by offerors to fulfill the requirement 
       of the RFSO.

Offerors will have the number of days specified in the request by the 
Standing Offer Authority to comply with any request related to any of the 
above items.  Failure to comply with the request may result in the offer 
being declared non-responsive.

15.    Further Information

1.     For further information, offerors may contact the Standing Offer 
Authority identified in the RFSO.

2.     For RFSOs issued out of PWGSC headquarters, enquiries concerning 
       receipt of offers may be addressed to the Bid Receiving Unit, 
       Procurement Operational Support Division, telephone (819) 956-3370. 
       For RFSOs issued out of PWGSC regional offices, enquiries concerning 
       receipt of offers may be addressed to the Standing Offer Authority 
       identified in the RFSO.