ARCHIVED Standard Instructions - Request for Supply Arrangements - Goods or Services

General Information

A supply arrangement is a method of supply used by Public Works and Government Services Canada (PWGSC) to procure goods and services. A supply arrangement is an arrangement between Canada and pre-qualified suppliers that allows identified users to solicit bids from a pool of pre-qualified suppliers for specific requirements within the scope of a supply arrangement. A supply arrangement is not a contract for the provision of the goods and services described in it and neither party is legally bound as a result of signing a supply arrangement alone. The intent of a supply arrangement is to establish a framework to permit expeditious processing of individual bid solicitations which result in legally binding contracts for the goods and services described in those bid solicitations.

Except for those procurements where public advertising is not required or used, Requests for Supply Arrangements (RFSA) are posted on the Government Electronic Tendering Service (GETS) and suppliers who are interested in responding to individual bid solicitations issued under a supply arrangement framework are invited to submit an arrangement to become pre-qualified suppliers. The list of pre-qualified suppliers will be used as a source list for procurement within the scope of the supply arrangement and only suppliers who are pre-qualified at the time individual bid solicitations are issued will be eligible to bid. Supply arrangements include a set of predetermined conditions that will apply to subsequent bid solicitations and contracts. Supply arrangements may include ceiling prices which may be lowered based on an actual requirement or scope of work described in a bid solicitation.

01 (2015-07-03) Integrity Provisions - Arrangement

1. Interpretation
   For the purposes of these Integrity Provisions, the following definitions apply:

   "Administrative Agreement"

   is a negotiated agreement between a supplier/potential supplier and the Minister of PWGS as provided for in the Ineligibility and Suspension Policy.

   "Affiliate"

   is a person, including, but not limited to, organizations, bodies corporate, societies, companies, firms, partnerships, associations of persons, parent companies or subsidiaries, whether partly or wholly-owned, as well as individuals, directors, officers and key employees if:

   1. one controls or has the power to control the other, or
   2. a third party has the power to control both.

   "Control"

   means

   1. direct control, such as where:
      1. a person controls a body corporate if securities of the body corporate to which are attached more than 50 percent of the votes that may be cast to elect directors of the body corporate are beneficially owned by the person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate;
      2. a person controls a corporation that is organized on a cooperative basis if the person and all of the entities controlled by the person have the right to exercise more than 50 percent of the votes that may be cast at an annual meeting or to elect the majority of the directors of the corporation;
      3. a person controls an unincorporated entity, other than a limited partnership, if more than 50 percent of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity;
      4. the general partner of a limited partnership controls the limited partnership; and
      5. a person controls an entity if the person has any direct or indirect influence that, if exercised, would result in control in fact of the entity.
   2. deemed control, such as where:
      a person who controls an entity is deemed to control any entity that is controlled, or deemed to be controlled, by the entity
   3. indirect control, such as where:
      a person is deemed to control, within the meaning of paragraph (a) or (b), an entity where the aggregate of
      1. any securities of the entity that are beneficially owned by that person, and
      2. any securities of the entity that are beneficially owned by any entity controlled by that person
      is such that, if that person and all of the entities referred to in paragraph (c)(ii) that beneficially own securities of the entity were one person, that person would control the entity.

   "Ineligibility"

   means not eligible for the issuance of a supply arrangement nor for contract award.

   "Suspension"

   means a determination of temporary ineligibility by the Minister of PWGS.

2. Statement
   
   1. Suppliers must comply with the Code of Conduct for Procurement and be eligible for the issuance of a supply arrangement or contract award under the Ineligibility and Suspension Policy. In addition, Suppliers must respond to Requests for Supply Arrangements (RFSA) in an honest, fair and comprehensive manner, and that accurately reflect their capacity to satisfy the requirements stipulated in the RFSA, Supply Arrangement (SA), Requests for proposals from SA holders, bid solicitations and any resulting contracts, and submit arrangements, bids as well as enter into contracts only if they will fulfill all obligations of the Contract.
   2. By submitting an arrangement, Suppliers confirm that they understand that being convicted of certain offences will render them ineligible to be issued a Supply Arrangement or to be awarded a contract. Canada will declare non-responsive any arrangement in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in the certifications is found by Canada to be untrue in any respect, at the time of issuance of the Supply Arrangement (SA). If it is determined by the Minister of PWGS, after issuance of the SA, that the Supplier made a false declaration, Canada will, following a notice period, have the right to cancel the SA and to terminate for default any resulting contracts.
3. List of Names
   1. Suppliers who are incorporated, including those submitting an arrangement as a joint venture, must provide a complete list of names of all individuals who are currently directors of the Supplier. Suppliers submitting an arrangement as sole proprietorship, as well as those submitting an arrangement as a joint venture, must provide the name of the owner(s). Suppliers submitting an arrangement as societies, firms, or partnerships do not need to provide lists of names.
   2. If the required list of names has not been received by the time the evaluation of arrangements is completed, Canada will inform the Supplier of a time frame within which to provide the information. Failure to provide the names within the time frame specified will render the arrangement non-responsive. Providing the required names is a mandatory requirement for a Supply Arrangement to be issued.
   3. The Supplier must immediately inform Canada in writing of any changes affecting the list of names of directors during this procurement process.
4. Request for Additional Information
   By submitting an arrangement, the Supplier certifies that it is aware, and that its Affiliates are aware, that Canada may request additional information, certifications, validations from a third party qualified by the Minister of PWGS, and other evidentiary elements proving identity or eligibility to contract with Canada. Canada may also verify the information provided by the Supplier, including the information relating to convictions for certain offences and any conditional or absolute discharges specified in these Integrity Provisions.
5. Lobbying Act
   By submitting an arrangement, the Supplier certifies that neither it nor any of its Affiliates have directly or indirectly, paid or agreed to pay, and will not, directly or indirectly, pay a contingency fee to any individual for the solicitation, negotiation or obtaining of the Supply Arrangement and any resulting contracts if the payment of the fee would require the individual to file a return under section 5 of the Lobbying Act.
6. Canadian Offences Resulting in Legal Incapacity
   By submitting an arrangement, the Supplier certifies that:
   1. it and the Affiliates of the Supplier have not been convicted of or pleaded guilty to an offence under any of the following provisions which would result in a legal incapacity under section 750(3) of the Criminal Code and for which they have not been pardoned or received a record of discharge under the Canadian Pardons subsection:
      1. 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, or
      2. section 121 (Frauds on the government and Contractor subscribing to election fund), section 124 (Selling or Purchasing Office), section 380 (Fraud) for fraud committed against Her Majesty or section 418 (Selling defective stores to Her Majesty) of the Criminal Code, or
   2. the Supplier has not been convicted of or pleaded guilty to the offences described in paragraph (a) and certifies that it has not directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of the acts or offences that would render that Affiliate ineligible to be issued a supply arrangement or to be awarded a contract as described in (a).
7. Canadian Offences
   By submitting an arrangement, the Supplier certifies that:
   1. the Supplier and the Affiliates of the Supplier have not, in the last three years, from the arrangement submission date, been convicted of or pleaded guilty to an offence under any of the following provisions for which they would be ineligible be issued a supply arrangement or to be awarded a contract under these Integrity Provisions and for which they have not been pardoned or received a record of discharge under the Canadian Pardons subsection:
      1. section 119 (Bribery of judicial officers, etc), section 120 (Bribery of officers), section 346 (Extortion), sections 366 to 368 (Forgery and other offences resembling forgery), section 382 (Fraudulent manipulation of stock exchange transactions), section 382.1 (Prohibited insider trading), section 397 (Falsification of books and documents), section 422 (Criminal breach of contract), section 426 (Secret commissions), section 462.31 (Laundering proceeds of crime) or sections 467.11 to 467.13 (Participation in activities of criminal organization) of the Criminal Code, or
      2. section 45 (Conspiracies, agreements or arrangements between competitors), section 46 (Foreign directives), section 47 (Bid rigging), section 49 (Agreements or arrangements of federal financial institutions), section 52 (False or misleading representation), section 53 (Deceptive notice of winning a prize) of the Competition Act, or
      3. section 239 (False or deceptive statements) of the Income Tax Act, or
      4. section 327 (False or deceptive statements) of the Excise Tax Act,or
      5. section 3 (Bribing a foreign public official), section 4 (Accounting), or section 5 (Offence committed outside Canada) of the Corruption of Foreign Public Officials Act, or
      6. section 5 (Trafficking in substance), section 6 (Importing and exporting), or section 7 (Production of substance) of the Controlled Drugs and Substance Act; or
   2. the Supplier has not been convicted of or pleaded guilty to the offences described in paragraph (a) and it has not directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of the acts or offences that would render that Affiliate ineligible to be issued a supply arrangement or to be awarded a contract as described in (a).
8. Foreign Offences
   By submitting an arrangement, the Supplier certifies that:
   1. the Supplier and its Affiliates have not, in the last three years, from the arrangement submission date, been convicted of or pleaded guilty to an offence in a jurisdiction other than Canada that would, in Canada's opinion, be similar to an offence referenced in the Canadian Offences Resulting in Legal Incapacity and the Canadian Offences subsections, and for which it would be ineligible to be issued a supply arrangement or to be awarded a contract under these Integrity Provisions and for which they have not been pardoned under the Foreign Pardons subsection and:
      1. the court, before which the Supplier or its Affiliate appeared, acted within the court's jurisdiction;
      2. the Supplier or its Affiliate appeared during the court's proceedings or submitted to the court's jurisdiction;
      3. the court's decision was not obtained by fraud, and
      4. the Supplier or its Affiliate was entitled to present to the court every defence that the Supplier or its Affiliate would have been entitled to present had the proceeding been tried in Canada; or
   2. it has not been convicted of or pleaded guilty to the offences described in paragraph (a) and certifies that it has not directed, influenced, authorized, assented to, acquiesced in or participated in the commission or omission of the acts or offences that would render that Affiliate ineligible to be issued a supply arrangement or awarded a contract as described in (a).
9. Ineligibility for Issuance of a Supply Arrangement
   
   1. The Supplier confirms that it understands that where it or any of its Affiliates have been convicted of certain offences or have been held responsible of certain acts, as described under the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences, the Foreign Offences and the Lobbying Act subsections, the Supplier or its Affiliate is ineligible to be issued a supply arrangement, subject to a Public Interest Exception.
   2. The Supplier confirms that it understands that it is ineligible for the issuance of a supply arrangement where it has been so determined by the Minister of PWGS under the Ineligibility and Suspension Policy and that the period of ineligibility or suspension has not expired.
10. Declaration of Convicted Offences
    Where a Supplier or its Affiliate is unable to certify that it has not been convicted of any of the offences referenced under the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences and the Foreign Offences subsections, the Supplier must provide with its arrangement the completed Declaration Form, to be given further consideration in the procurement process.
11. Period of Ineligibility
    The following rules determine the period for which a Supplier or its Affiliate that has been convicted of certain offences is, ineligible to be issued a supply arrangement or to be awarded a contract:
    1. for all offences referenced under the Canadian Offences Resulting in Legal Incapacity subsection for which a Supplier or an Affiliate of the Supplier has pleaded guilty to or has been convicted of, the period of ineligibility for the issuance of a supply arrangement or for contract award is indefinite, subject to the Canadian Pardons subsection.
    2. subject to an Administrative Agreement, for all offences referenced under the Canadian Offences and Foreign Offences subsections for which a Supplier or an Affiliate of the Supplier has pleaded guilty to or been convicted of, as the case may be, in the last three years, from the arrangement submission date, the period of ineligibility for the issuance of a supply arrangement or for contract award is ten years from the date of determination by the Minister of PWGS, subject to the Canadian Pardons and Foreign Pardons subsections.
    3. subject to an Administrative Agreement, for violations of matters referenced in the Lobbying Act subsection for which a Supplier or an Affiliate of the Supplier has been found responsible, as the case may be, in the last three years, from the arrangement submission date, the period of ineligibility for the issuance of a supply arrangement or for contract award is ten years from the date of determination by the Minister of PWGS, subject to the Canadian Pardons and Foreign Pardons subsections.
12. Canadian Pardons
    A determination of ineligibility for the issuance of a supply arrangement or for contract award will not be made or maintained by the Minister of PWGS under these Integrity Provisions, in respect of an offence or act that gave rise or that could give rise to a determination of ineligibility, if the Supplier or its Affiliate has:
    1. been granted an absolute discharge in respect of the offence, or has been granted a conditional discharge in respect of the offence and those conditions have been satisfied;
    2. been granted a pardon under Her Majesty's royal prerogative of mercy;
    3. been granted a pardon under section 748 of the Criminal Code;
    4. received a record of suspension ordered under the Criminal Records Act; and
    5. been granted a pardon under the Criminal Records Act, as that Act read immediately before the day section 165 of the Safe Streets and Communities Act comes into force.
13. Foreign Pardons
    A determination of ineligibility for the issuance of a supply arrangement or for award of government contracts will not be made or maintained, as the case may be, by the Minister of PWGS in respect of matters referenced in the Foreign Offences subsection and with respect to an offence or act that gave rise or will give rise to a determination of ineligibility, if the Supplier or its Affiliate, has at any time, benefited from foreign measures that are similar to Canadian pardons, conditional discharges, absolute discharges, record suspensions, or restoration of legal capacities by the Governor in Council.
14. Suspension of Period of Ineligibility
    The Supplier confirms that it understands that a determination of ineligibility for the issuance of a supply arrangement or for award of government contracts made under these Integrity Provisions may be suspended by the Minister of PWGS through an Administrative Agreement, to the extent that it is permissible in law. The period of ineligibility applicable to that Supplier or its Affiliate and the right to participate in a given procurement process are guided by the terms and conditions of the Administrative Agreement. Subject to the Public Interest Exception, an Administrative Agreement may only suspend a period of ineligibility on solicitations issued after it has been concluded.
15. Period of Ineligibility for Providing False or Misleading Information
    The Supplier confirms that it understands that where it has made a false declaration or provided false or misleading information under these Integrity Provisions, the Minister of PWGS will declare a Supplier to be ineligible to be issued a supply arrangement or awarded a contract for a period of ten years. The period of ineligibility is effective from the date of determination by the Minister of PWGS.
16. Period of Ineligibility for Breaching Administrative Agreements
    The Supplier confirms that it understands that where it has concluded an Administrative Agreement and that it has breached any of its terms and conditions, the Minister of PWGS will lengthen the period of ineligibility for a period to be determined by the Minister of PWGS.
17. Suspension of a Supplier
    The Supplier confirms that it understands that the Minister of PWGS may suspend a Supplier from being issued a supply arrangement or from being awarded a contract for a period of up to 18 months, subject to renewal, pending completion of the criminal proceeding, if the Supplier has been charged with any of the offences listed in the Canadian Offences Resulting in Legal Incapacity, the Canadian Offences and the Foreign Offences subsections or if the Supplier has admitted to being guilty of any of these offences. The period of suspension is effective from the date of determination by the Minister of PWGS. A period of suspension does not suspend all other periods of ineligibility that may be imposed on a Supplier by the Minister of PWGS.
18. Third Party Validation
    The Supplier confirms that it understands that where it or any of the Supplier’s Affiliates has been subject to a period of ineligibility to be issued a supply arrangement or to be awarded a contract, for which the Canadian Pardons and the Foreign Pardons subsections do not apply, the Supplier must provide by the Request for Supply Arrangements (RFSA) closing date, a confirmation from an independent third party, recognized in advance by the Minister of PWGS, confirming that measures have been put in place in order to avoid the reoccurrence of such wrongdoings that led to the convictions. Failure to provide the said confirmation from an independent third party renders this arrangement non-responsive.
19. Subcontractors
    The Supplier must ensure that contracts with first tier subcontractors include Integrity Provisions similar to those imposed in the contract(s) resulting from the Supply Arrangement.
20. Public Interest Exception
    The Supplier confirms that it understands:
    1. that, with the exception of a legal incapacity to contract resulting from section 750(3) of the Criminal Code., Canada may issue a Supply Arrangement with a Supplier, or any of its Affiliates, which have been convicted of or have pleaded guilty to any of the offences referenced in the Canadian Offences and Foreign Offences subsections, where Canada considers it necessary to the public interest for reasons which include, but are not limited to:
       1. the need is one of pressing emergency in which delay would be injurious to the public interest;
       2. the Supplier is the only person capable of performing the contract(s) resulting from a bid solicitation against the Supply Arrangement (SA);
       3. the Contract(s) resulting from a bid solicitation against the SA are essential to maintain sufficient emergency stocks in order to safeguard against possible shortages; and
       4. not issuing the Contract resulting from a bid solicitation against the SA with the Supplier would have a significant adverse impact on the health, national security, safety, security or economic or financial well-being of the people of Canada or the functioning of any portion of the federal public administration;
    2. Canada may only issue a supply arrangement with a Supplier under this subsection where the ineligible Supplier has concluded an Administrative Agreement with the Minister of PWGS, on such terms and conditions that are necessary to safeguard the integrity of the procurement process and can apply to any procurement. The Administrative Agreement need not be concluded in advance of the solicitation.

02 (2012-03-02) Procurement Business Number

Suppliers are required to have a Procurement Business Number (PBN) before issuance of a supply arrangement. Suppliers may register for a PBN on line at Supplier Registration Information. For non-Internet registration, suppliers may contact the InfoLine at 1-800-811-1148 to obtain the telephone number of the nearest Supplier Registration Agent.

03 (2008-05-12) 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 RFSA and resulting supply arrangement by number, date and title are incorporated by reference into and form part of the RFSA and resulting supply arrangement as though expressly set out in the RFSA and resulting supply arrangement.

04 (2008-12-12) Definition of Supplier

"Supplier" means the person or entity (or, in the case of a joint venture, the persons or entities) submitting an arrangement. It does not include the parent, subsidiaries or other affiliates of the Supplier, or its subcontractors.

05 (2014-09-25) Submission of Arrangements

1. Canada requires that each arrangement, at closing date and time or upon request from the Supply Arrangement Authority, be signed by the Supplier or by an authorized representative of the Supplier. If an arrangement is submitted by a joint venture, it must be in accordance with section 16.
2. It is the Supplier's responsibility to:
   1. obtain clarification of the requirements contained in the RFSA, if necessary, before submitting an arrangement;
   2. prepare the arrangement in accordance with the instructions contained in the RFSA;
   3. submit by closing date and time a complete arrangement;
   4. send the arrangement only to PWGSC Bid Receiving Unit specified on page 1 of the RFSA or to the address specified in the RFSA. The facsimile number and related instructions for arrangements transmitted by facsimile are provided in section 08;
   5. ensure that the Supplier's name, return address, RFSA number, and RFSA closing date and time are clearly visible on the envelope or the parcel(s) containing the arrangement; and,
   6. provide a comprehensible and sufficiently detailed arrangement, including all requested pricing details, that will permit a complete evaluation in accordance with the criteria set out in the RFSA.
3. Canada will make available Notices of Proposed Procurement (NPP), RFSA's and related documents for download through the Government Electronic Tendering Service (GETS). Canada is not responsible and will not assume any liabilities whatsoever for the information found on websites of third parties. In the event an NPP, RFSA or related documentation would be amended, Canada will not be sending notifications. Canada will post all amendments, including significant enquiries received and their replies, using GETS. It is the sole responsibility of the Supplier to regularly consult GETS for the most up-to-date information. Canada will not be liable for any oversight on the Supplier's part nor for notification services offered by a third party.
4. Arrangements will remain open for acceptance for a period of not less than 60 days from the closing date of the RFSA, unless specified otherwise in the RFSA. Canada reserves the right to seek an extension of the arrangement validity period from all responsive suppliers in writing, within a minimum of 3 days before the end of the arrangement validity period. If the extension is accepted by all responsive suppliers, Canada will continue with the evaluation of the arrangements. If the extension is not accepted by all responsive suppliers, Canada will, at its sole discretion, either continue with the evaluation of the arrangements of those who have accepted the extension or cancel the RFSA.
5. Arrangements and supporting information may be submitted in either English or French.
6. Arrangements received on or before the stipulated RFSA closing date and time will become the property of Canada and will not be returned. All arrangements 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 RFSA, Canada will evaluate only the documentation provided with the arrangement. 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 arrangement.
8. An arrangement cannot be assigned or transferred in whole or in part.

06 (2008-05-12) Late Arrangements

PWGSC will return arrangements delivered after the stipulated RFSA closing date and time, unless they qualify as a delayed arrangement as described below.

07 (2012-03-02) Delayed Arrangements

1. An arrangement delivered to the specified bid receiving unit after the closing date and time but before the supply arrangement issuance date may be considered, provided the supplier 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 arrangements. The only pieces of evidence relating to a delay in the CPC system that are acceptable to PWGSC are:
   1. CPC cancellation date stamp; or
   2. CPC Priority Courier bill of lading; or
   3. CPC Xpresspost label

   that clearly indicates that the arrangement was mailed before the RFSA closing date.

2. Misrouting, traffic volume, weather disturbances, labour disputes or any other causes for the late delivery of arrangements are not acceptable reasons for the arrangement to be accepted by PWGSC.
3. Postage meter imprints, whether imprinted by the Supplier, the CPC or the postal authority outside Canada, are not acceptable as proof of timely mailing.

08 (2012-03-02) Transmission by Facsimile

1. Unless specified otherwise in the RFSA, arrangements may be submitted by facsimile. The only acceptable facsimile number for responses to RFSAs issued by PWGSC headquarters is 819-997-9776. The facsimile number for responses to RFSAs issued by PWGSC regional offices is identified in the RFSA.
2. For arrangements transmitted by facsimile, Canada will not be responsible for any failure attributable to the transmission or receipt of the faxed arrangement including, but not limited to, the following:
   1. receipt of garbled or incomplete arrangement;
   2. availability or condition of the receiving facsimile equipment;
   3. incompatibility between the sending and receiving equipment;
   4. delay in transmission or receipt of the arrangement;
   5. failure of the Supplier to properly identify the arrangement;
   6. illegibility of the arrangement; or
   7. security of arrangement data.
3. An arrangement transmitted by facsimile will constitute the formal arrangement of the Supplier and must be submitted in accordance with section 05.

09 (2010-10-07) Customs Clearance

It is the responsibility of the Supplier to allow sufficient time to obtain customs clearance, where required, before the RFSA 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 arrangement under section 07.

10 (2008-05-12) Legal Capacity

The Supplier must have the legal capacity to contract. If the Supplier is a sole proprietorship, a partnership or a corporate body, the Supplier must provide, if requested by the Supply Arrangement 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 suppliers submitting an arrangement as a joint venture.

11 (2008-12-12) Rights of Canada

Canada reserves the right to:

1. reject any or all arrangements received in response to the RFSA;
2. cancel the RFSA at any time;
3. reissue the RFSA;
4. if no responsive arrangements are received and the requirement is not substantially modified, reissue the RFSA by inviting only the suppliers who submitted an arrangement to resubmit arrangements within a period designated by Canada; and
5. issue RFSAs and supply arrangements to suppliers who qualify throughout the entire period of the supply arrangement.

12 (2014-09-25) Rejection of Arrangement

1. Canada may reject an arrangement where any of the following circumstances is present:
   1. the Supplier is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which renders the Supplier ineligible to submit an arrangement for the requirement;
   2. an employee, or subcontractor included as part of the arrangement, is subject to a Vendor Performance Corrective Measure, under the Vendor Performance Corrective Measure Policy, which would render that employee or subcontractor ineligible to submit an arrangement for the requirement, or the portion of the requirement the employee or subcontractor is to perform;
   3. the Supplier is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
   4. 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 Supplier, any of its employees or any subcontractor included as part of the arrangement;
   5. evidence satisfactory to Canada that based on past conduct or behavior, the Supplier, a subcontractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly;
   6. with respect to current or previous transactions with the Government of Canada:
      1. Canada has exercised its contractual remedies of suspension or termination for default with respect to a contract with the Supplier, any of its employees or any subcontractor included as part of the arrangement;
      2. Canada determines that the Supplier's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Supplier performed the Work in accordance with contractual clauses and conditions, is sufficiently poor to jeopardize the successful completion of any requirement to be bid on.
2. Where Canada intends to reject an arrangement pursuant to a provision of subsection 1. (f), the Supply Arrangement Authority will so inform the Supplier and provide the Supplier 10 days within which to make representations, before making a final decision on the arrangement rejection.
3. Canada reserves the right to apply additional scrutiny, in particular, when multiple arrangements are received in response to a request for supply arrangements from a single supplier or a joint venture. Canada reserves the right to:
   1. reject any or all of the arrangements submitted by a single supplier or joint venture if their inclusion in the evaluation has the effect of prejudicing the integrity and fairness of the process, or;
   2. reject any or all of the arrangements submitted by a single supplier or joint venture if their inclusion in the procurement process would distort the solicitation evaluation, and would cause a result that would not reasonably have been expected under prevailing market conditions and/or would not provide good value to Canada.

13 (2014-03-01) Communications - Solicitation Period

To ensure the integrity of the competitive RFSA process, enquiries and other communications regarding the RFSA must be directed only to the Supply Arrangement Authority identified in the RFSA. Failure to comply with this requirement may result in the arrangement being declared non-responsive.

To ensure consistency and quality of information provided to suppliers, significant enquiries received and their replies will be posted on the Government Electronic Tendering Service (GETS). For further information, refer to subsection 3 of the Submission of Bids section.

14 (2008-05-12) Arrangement Costs

No payment will be made for costs incurred in the preparation and submission of an arrangement in response to the RFSA. Costs associated with preparing and submitting an arrangement as well as any costs incurred by the Supplier associated with the evaluation of the arrangement, are the sole responsibility of the Supplier.

15 (2008-12-12) Conduct of Evaluation

1. In conducting its evaluation of the arrangements, Canada may, but will have no obligation to, do the following:
   1. seek clarification or verification from suppliers regarding any or all information provided by them with respect to the RFSA;
   2. contact any or all references supplied by suppliers to verify and validate any information submitted by them;
   3. request, before issuance of any supply arrangement, specific information with respect to suppliers' legal status;
   4. conduct a survey of suppliers' facilities and/or examine their technical, managerial, and financial capabilities to determine if they are adequate to meet the requirements of the RFSA;
   5. verify any information provided by suppliers through independent research, use of any government resources or by contacting third parties;
   6. interview, at the sole costs of suppliers, any supplier and/or any or all of the resources proposed by suppliers to fulfill the requirement of the RFSA.
2. Suppliers will have the number of days specified in the request by the Supply Arrangement Authority to comply with any request related to any of the above items. Failure to comply with the request may result in the arrangement being declared non-responsive.

16 (2012-03-02) 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 arrangement together on a requirement. Suppliers who submit an arrangement as a joint venture must indicate clearly that it is a joint venture and provide the following information:
   1. the name of each member of the joint venture;
   2. the Procurement Business Number of each member of the joint venture;
   3. 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;
   4. the name of the joint venture, if applicable.
2. If the information is not clearly provided in the arrangement, the Supplier must provide the information on request from the Supply Arrangement Authority.
3. The arrangement 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 Supply Arrangement 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 RFSA and any resulting supply arrangement.

17 (2012-03-02) Conflict of Interest - Unfair Advantage

1. In order to protect the integrity of the procurement process, suppliers are advised that Canada may reject an arrangement in the following circumstances:
   1. if the Supplier, any of its subcontractors, any of their respective employees or former employees was involved in any manner in the preparation of the RFSA or in any situation of conflict of interest or appearance of conflict of interest;
   2. if the Supplier, any of its subcontractors, any of their respective employees or former employees had access to information related to the RFSA that was not available to other suppliers and that would, in Canada's opinion, give or appear to give the Supplier an unfair advantage.
2. The experience acquired by a supplier who is providing or has provided the goods and services described in the RFSA (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 supplier remains however subject to the criteria established above.
3. Where Canada intends to reject an arrangement under this section, the Supply Arrangement Authority will inform the Supplier and provide the Supplier an opportunity to make representations before making a final decision. Suppliers who are in doubt about a particular situation should contact the Supply Arrangement Authority before the RFSA closing date. By submitting an arrangement, the Supplier represents that it does not consider itself to be in conflict of interest nor to have an unfair advantage. The Supplier acknowledges that it is within Canada's sole discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of interest or unfair advantage exists.

18 (2008-12-12) Entire Requirement

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

19 (2008-12-12) Further Information

1. For further information, suppliers may contact the Supply Arrangement Authority identified in the RFSA.
2. For RFSAs issued out of PWGSC headquarters, enquiries concerning receipt of arrangements may be addressed to the Bid Receiving Unit, Procurement Operational Support Division, telephone 819-956-3370. For RFSAs issued out of PWGSC regional offices, enquiries concerning receipt of offers may be addressed to the Supply Arrangement Authority identified in the RFSA.