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

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Legal text for SACC item

Public Works and Government Services Canada

Code of Conduct for Procurement
General Information
01     Procurement Business Number
02     Standard Instructions, Clauses and Conditions
03     Definition of Offeror
04     Submission of Offers
05     Late Offers
06     Delayed Offers
07     Transmission by Facsimile
08     Customs Clearance
09     Legal Capacity
10     Rights of Canada
11     Vendor Performance
12     Communications - Solicitation Period
13     Price Justification
14     Offer Costs
15     Conduct of Evaluation
16     Joint Venture
17     Conflict of Interest - Unfair Advantage
18     Entire Requirement
19     Further Information


Code of Conduct for Procurement

To comply with the Code of Conduct for Procurement (http://www.tpsgc-pwgsc.gc.ca
/app-acq/cndt-cndct/index-eng.html), offerors must respond to Requests for 
Standing Offers (RFSOs) in an honest, fair and comprehensive manner, 
accurately reflect their capacity to satisfy the requirements stipulated in 
the RFSO and resulting contract, submit offers 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 Lobbying Act, 1985, c. 44 (4th Supplement) applies is prohibited.

By submitting an offer, the Offeror certifies that it meets the above 
requirements.

Offerors further understand that the commission of certain offences may 
render them ineligible to be awarded a contract. By submitting an offer, 
the Offeror declares that it has never been convicted of 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.


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 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 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 (http://contractscanada.gc.ca/en/index.html) Web site.  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 number, date and title 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     Definition of Offeror

"Offeror" means the person or entity (or, in the case of a joint venture, 
the persons or entities) submitting an offer to provide goods, services or 
both under a call-up resulting from a standing offer. It does not include 
the parent, subsidiaries or other affiliates of the Offeror, or its 
subcontractors.

04     Submission of Offers

1.     Canada requires that each offer, at closing date and time or upon 
       request from the Standing Offer Authority, be signed by the Offeror 
       or by an authorized representative of the Offeror.  If an offer is 
       submitted by a joint venture, it must be in accordance with section 
       16.

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 date and time complete offer;

       (d)    send its offer only to 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 Government 
       Electronic Tendering Service (GETS) but may also be made available 
       on CD-ROM through GETS), the format downloaded through GETS will 
       take precedence.  If Canada posts 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 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 specified 
       otherwise 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.     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. 1985, c. A-1, and 
       the Privacy Act, R.S. 1985, c. P-21.

7.     Unless specified otherwise in the RFSO, Canada will evaluate only 
       the documentation provided with an offeror's offer.  Canada will not 
       evaluate information such as references to Web site addresses where 
       additional information can be found, or technical manuals or 
       brochures not submitted with the offer.

05     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.

06     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 offeror can prove the delay is 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)    a CPC cancellation date stamp; or
       (b)    a CPC Priority Courier bill of lading; or
       (c)    a 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.

07     Transmission by Facsimile

1.     Unless specified otherwise 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.     For offers transmitted 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.     An offer transmitted by facsimile will constitute the formal offer 
       of the Offeror and must be submitted in accordance with section 04.  
       Furthermore, the Offeror must send a written confirmation of the 
       offer within two (2) working days after RFSO closing, unless 
       specified otherwise in the RFSO.  All documents confirming offers 
       should bear the word "CONFIRMATION".

08     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 06.

09     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.

10     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 responsive offers are received and the requirement is not 
       substantially modified, reissue the RFSO by inviting only the 
       offerors who submitted an offer to resubmit offers within a period 
       designated by Canada; and,

(g)    negotiate with the sole responsive offeror to ensure best value to 
       Canada.

11     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), Section 
              380 (Fraud committed against Her Majesty) or Section 418 (
              Selling defective stores to Her Majesty) of the Criminal Code 
              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.

       (b)    the Offeror is subject to a Vendor Performance Corrective 
              Measure, under the Vendor Performance Policy, which renders 
              the Offeror ineligible to submit an offer for 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 submit an offer for 
              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 the 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 the 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 
                     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 an offer pursuant to a provision of 
       subsection 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.

12     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 with 
this requirement may result in the offer being declared non-responsive.

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.

13     Price Justification

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 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.

14     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.

15     Conduct of Evaluation

1.     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; in the case of error in 
              the extension of prices, the unit price will govern.

       (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.

2.     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.

16     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 submit an offer together on a requirement.  Offerors who submit 
       an offer 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 offer, the Offeror 
       must provide the information on request from the Standing Offer 
       Authority.

3.     The offer and any resulting standing offer 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 Standing 
       Offer 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 
       RFSO and any resulting standing offer.  If a standing offer is 
       issued to a joint venture, all members of the joint venture will be 
       jointly and severally or solidarily liable for the performance of 
       any contract resulting from a call-up against the standing offer.

17     Conflict of Interest - Unfair Advantage

1.     In order to protect the integrity of the procurement process, 
       offerors are advised that Canada may reject an offer in the 
       following circumstances:

       (a)    if the Offeror, any of its subcontractors, any of their 
              respective employees or former employees was involved in any 
              manner in the preparation of the RFSO;

       (b)    if the Offeror, any of its subcontractors, any of their 
              respective employees or former employees had access to 
              information related to the RFSO that was not available to 
              other offerors and that would, in Canada's opinion, give the 
              Offeror an unfair advantage.

2.     The experience acquired by an offeror who is providing or has 
       provided the goods and services described in the RFSO (or similar 
       goods or services) will not, in itself, be considered by Canada as 
       conferring an unfair advantage or creating a conflict of interest. 
       This offeror remains however subject to the criteria established 
       above.

3.     Where Canada intends to reject an offer under this section, the 
       Standing Offer Authority will inform the Offeror and provide the 
       Offeror an opportunity to make representations before making a final 
       decision.  Offerors who are in doubt about a particular situation 
       should contact the Standing Offer Authority before the RFSO closing. 
       By submitting an offer, the Offeror represents that it does not 
       consider itself to be in conflict of interest nor to have an unfair 
       advantage. The Offeror acknowledges that it is within Canada's sole 
       discretion to determine whether a conflict of interest or unfair 
       advantage exists.

18     Entire Requirement

The RFSO contains all the requirements relating to the request for offers. 
Any other information or documentation provided to or obtained by an 
offeror from any source are not relevant. Offerors should not assume that 
practices used under previous contracts will continue, unless they are 
described in the RFSO. Offerors should also not assume that their existing 
capabilities meet the requirements of the RFSO simply because they have met 
previous requirements.

19     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.