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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

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.