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

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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 an Offer
05     Legal Capacity
06     Vendor Performance
07     Price Justification
08     Offer Costs
09     Joint Venture
10     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 quantity of goods, level of services and estimated expenditure 
specified in a 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 a standing 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 an Offer

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 
       09.

2      The offer 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.

05     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.

06     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 
              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.

07     Price Justification

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.

08     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 are the sole responsibility of the 
Offeror.

09     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.

10     Further Information

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