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.