Legal text for SACC item
Public Works and Government Services Canada General Information 01 Code of Conduct for Procurement 02 Procurement Business Number 03 Standard Instructions, Clauses and Conditions 04 Definition of Offeror 05 Submission of an Offer 06 Legal Capacity 07 Rejection of Offer 08 Price Justification 09 Offer Costs 10 Joint Venture 11 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 quantity of goods, level of services and estimated expenditure specified in a Request for Standing Offer (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 Code of Conduct for Procurement 1. To comply with the Code of Conduct for Procurement, 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, the following activities are prohibited: (a) payment of a contingency fee by any party to a contract to a person to whom the Lobbying Act (1985, c. 44 (4th Supp.)) applies; (b) corruption, collusion, bid-rigging or any other anti-competitive activity in the bidding process for contracts for the provision of goods or services. 2. By submitting an offer, the Offeror certifies that neither the Offeror nor any of the Offeror's Affiliates has ever been convicted of a criminal offence in respect of the activities stated in (a) or (b) above or is the subject of outstanding criminal charges in respect of such activities filed subsequent to September 1, 2010. 3. Offerors further understand that the commission of certain offences will render them ineligible to be issued a contract. By submitting an offer, the Offeror certifies that neither the Offeror nor any of the Offeror's Affiliates has ever been convicted or is the subject of outstanding criminal charges in respect of an offence under any of the following provisions: 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. 4. For the purpose of this section, business concerns, organizations or individuals are Offeror's Affiliates if, directly or indirectly, 1) either one controls or has the power to control the other, or 2) a third party has the power to control both. Indicia of control, include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity created following the charges or convictions contemplated in this section which has the same or similar management, ownership, or principal employees as the Offeror that is charged or convicted, as the case may be. 5. Except in the limited circumstances set out in subsection 6 below, the Standing Offer Authority will declare non-responsive any offer in respect of which the information contained in the certifications contemplated above is determined to be untrue in any respect by the Standing Offer Authority. 6. Subsection 5 has no application in the circumstances where an offeror has pled guilty of an offence contemplated in Section 01, 1. (b) and the Offeror has provided with its offer an assurance from the Competition Bureau of Canada indicating that the Offeror has been granted leniency, or in the circumstances where the Offeror provides documentation from the National Parole Board that the Offeror has obtained a criminal pardon in relation to such offence. 7. The Offeror acknowledges and agrees that the certifications contemplated must remain valid during the period of any resulting standing offer arising from this RFSO and any call-up made under the Standing Offer. 02 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 system, on the Contracts Canada Web site. For non-Internet registration, suppliers may contact the nearest Supplier Registration Agent . 03 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). 04 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. 05 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 10. 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). 06 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. 07 Rejection of Offer 1. Canada may reject an offer where any of the following circumstances is present: (a) 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; (b) 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; (c) 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. (c), 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. 08 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. 09 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. 10 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. 11 Further Information For further information, the Offeror may contact the Standing Offer Authority identified in the RFSO.