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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.