ARCHIVED General Instructions to Bidders

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Legal text for SACC item

Public Works and Government Services Canada

GI01   Completion of Bid
GI02   Identity or Legal Capacity of the Bidder
GI03   Goods and Services Tax/Harmonized Sales Tax
GI04   Quebec Sales Tax
GI05   Listing of Subcontractors and Suppliers
GI06   Bid Security Requirements
GI07   Submission of Bid
GI08   Revision of Bid
GI09   Acceptance of Bid
GI10   Procurement Business Number
GI11   Compliance With Applicable Laws
GI12   Approval of Alternative Materials
GI13   Performance Evaluation      


GI01   (2007-05-25)  Completion of Bid

1)     The bid shall be

       (a)    submitted on the Bid and Acceptance Form provided through the 
              Government Electronic Tendering Service (GETS) or on a clear 
              and legible reproduced copy of such Bid and Acceptance Form 
              that must be identical in content and format to the Bid and 
              Acceptance Form provided through GETS;

       (b)    based on the Bid Documents listed in the Special Instructions 
              to Bidders;

       (c)    correctly completed in all respects;

       (d)    signed, with an original signature, by a duly authorized 
              representative of the Bidder; and

       (e)    accompanied by

              (i)    bid security as specified in GI06; and

              (ii)   any other document or documents specified elsewhere in 
                     the solicitation where it is stipulated that said 
                     documents are to accompany the bid.

2)     Bid Documents are not available for distribution on the actual day 
       of solicitation closing.

3)     Subject to paragraph 6) of GI09, any alteration to the pre-printed 
       or pre-typed sections of the Bid and Acceptance Form, or any 
       condition or qualification placed upon the bid shall be cause for 
       disqualification.  Alterations, corrections, changes or erasures 
       made to statements or figures entered on the Bid and Acceptance Form 
       by the Bidder shall be initialled by the person or persons signing 
       the bid.  Initials shall be original(s).  Alterations, corrections, 
       changes or erasures that are not initialled shall be deemed void and 
       without effect.
 
4)     Unless otherwise noted elsewhere in the Bid Documents, facsimile 
       copies of bids are not acceptable.

GI02   (2007-05-25)  Identity or Legal Capacity of the Bidder

1)     In order to confirm the authority of the person or persons signing 
       the bid or to establish the legal capacity under which the Bidder 
       proposes to enter into Contract, any Bidder who carries on business 
       in other than its own personal name shall, if requested by Canada, 
       provide satisfactory proof of 

       (a)    such signing authority; and

       (b)    the legal capacity under which it carries on business;

       prior to contract award.  Proof of signing authority may be in the 
       form of a certified copy of a resolution naming the signatory(ies) 
       that is (are) authorized to sign this bid on behalf of the 
       corporation or partnership.  Proof of legal capacity may be in the 
       form of a copy of the articles of incorporation or the registration 
       of the business name of a sole proprietor or partnership.

GI03   (2007-05-25)  Goods and Services Tax/Harmonized Sales Tax

1)     Bidders are not to include any amounts for the Goods and Services 
       Tax (GST) or Harmonized Sales Tax (HST), whichever is applicable, 
       and the GST/HST shall not be included when calculating the amount of 
       any bid security or contract security that may be required.  Any 
       amount levied in respect of the GST/HST shall be billed as a 
       separate item in a progress claim submitted by the Contractor, and 
       shall be paid to the Contractor in addition to the amount approved 
       by Canada for work performed under the Contract.  The Contractor 
       shall be required to remit the appropriate amount to the Canada 
       Revenue Agency in accordance with the applicable legislation.

GI04   (2007-05-25)  Quebec Sales Tax

1)     The Federal Government is exempt from the Quebec Sales Tax (QST).  
       Bidders shall not include in their prices any amount that is 
       intended to cover the QST on goods and services performed in the 
       execution of the Work except for such amounts for which an Input Tax 
       Refund is not available.  The successful Bidder should make 
       arrangements directly with the Province of Quebec to recover any QST 
       paid by it in performing the Work under the resulting Contract.

GI05   (2007-05-25)  Listing of Subcontractors and Suppliers

1)     Notwithstanding any list of Subcontractors that the Bidder may be 
       required to submit as part of the bid, the Bidder submitting the 
       lowest acceptable bid shall, within 48 hours of receipt of a notice 
       to do so, submit all information requested in the said notice 
       including the names of Subcontractors and Suppliers for the part or 
       parts of the Work listed.  Failure to do so shall result in the 
       disqualification of its bid.

GI06   (2007-05-25)  Bid Security Requirements

1)     The Bidder shall submit bid security with the bid in the form of a 
       bid bond or a security deposit, and

       (a)    if the bid amount for Part "A" is $500,000 or less, the bid 
              security shall be equal to not less than 10% of the bid 
              amount for Part "A"; or

       (b)    if the bid amount for Part "A" is greater than $500,000, the 
              bid security shall be $50,000 plus an amount that is equal to 
              not less than 5% of that part of the bid amount for Part "A" 
              that exceeds $500,000. 
       The maximum amount of bid security required with any bid is $2,000,000.

2)     A bid bond shall be in an approved form, properly completed, with 
       original signature(s) and issued by an approved company whose bonds 
       are acceptable to Canada either at the time of solicitation closing 
       or as identified on the list displayed at the following Website:
       http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/Contracting/contractingpol_
       l_e.asp.  The approved form for the bid bond is displayed as form 
       PWGSC-TPSGC 504 at the following Website: http://www.pwgsc.gc.ca/
       acquisitions/text/forms/forms-e.html.

3)     A security deposit shall be an original, properly completed, signed 
       where required and be either

       (a)    a bill of exchange, bank draft or money order payable to the 
              Receiver General for Canada;

       (b)    bonds of, or unconditionally guaranteed as to principal and 
              interest by, the Government of Canada; or

4)     A bill of exchange, bank draft or money order referred to in 
       subparagraph 3)(a) of GI06 shall be certified by or drawn on

       (a)    a corporation or institution that is a member of the Canadian 
              Payments Association;

       (b)    a corporation that accepts public deposits and repayment of 
              the deposits is unconditionally guaranteed by Her Majesty in 
              right of a province;

       (c)    a corporation that accepts deposits that are insured by the 
              Canada Deposit Insurance Corporation or the "Régie de 
              l'assurance-dépôts du Québec" to the  maximum permitted by 
              law;

       (d)    a corporation, association or federation incorporated or 
              organized as a credit union or co-
operative credit society that conforms to the requirements of a credit 
union which are more particularly described in paragraph 137 (6)(b) of the 
Income Tax Act; or

       (e)    Canada Post Corporation.

5)     If a bill of exchange, bank draft or money order is drawn on an 
       institution or corporation other than a chartered bank it must be 
       accompanied by proof that the said institution or corporation meets 
       at least one of the criteria described in paragraph 4) of GI06, 
       either by letter or by a stamped certification on the bill of 
       exchange, bank draft, or money order.

6)     For the purposes of this section a bill of exchange is an 
       unconditional order in writing signed by the Bidder and addressed to 
       an approved financial institution, requiring the said institution to 
       pay, on demand, at a fixed or determinable time, a sum certain of 
       money to, or to the order of, the Receiver General for Canada.

7)     Bonds referred to in subparagraph 3)(b) of GI06 shall be provided on 
       the basis of their market value current at the date of solicitation 
       closing, and shall be 

       (a)    payable to bearer;

       (b)    accompanied by a duly executed instrument of transfer of the 
              bonds to the Receiver General for Canada in the form 
              prescribed by the Domestic Bonds of Canada Regulations; or

       (c)    registered as to principal or as to principal and interest in 
              the name of the Receiver General for Canada pursuant to the 
              Domestic Bonds of Canada Regulations.  
8)     As an alternative to a security deposit an irrevocable standby 
       letter of credit is acceptable to Canada and the amount shall be 
       determined in the same manner as a security deposit referred to 
       above.

9)     An irrevocable standby letter of credit referred to in paragraph 8) 
       of GI06 shall

       (a)    be an arrangement, however named or described, whereby a 
              financial institution (the "Issuer") acting at the request 
              and on the instructions of a customer (the "Applicant") or on 
              its own behalf, 

              (i)    is to make a payment to, or to the order of, the 
                     Receiver General for Canada as the beneficiary;

              (ii)   is to accept and pay bills of exchange drawn by the 
                     Receiver General for Canada;

              (iii)  authorizes another financial institution to effect 
                     such payment or accept and pay such bills of exchange; 
                     or

              (iv)   authorizes another financial institution to negotiate 
                     against written demand(s) for payment provided that 
                     the terms and conditions of the letter of credit are 
                     complied with; 

       (b)    state the face amount which may be drawn against it;

       (c)    state its expiry date;

       (d)    provide for sight payment to the Receiver General for Canada 
              by way of the financial institution's draft against 
              presentation of a written demand for payment signed by the 
              Departmental Representative identified in the letter of 
              credit by his/her office;

       (e)    provide that more than one written demand for payment may be 
              presented subject to the sum of those demands not exceeding 
              the face value of the letter of credit;

       (f)    provide that it is subject to the  International Chamber of 
              Commerce (ICC) Uniform Customs and Practice for Documentary 
              Credits, 1993 Revision, ICC Publication No. 500;

       (g)    clearly specify that it is irrevocable or deemed to be 
              irrevocable pursuant to article 6 c) of the International 
              Chamber of Commerce (ICC) Uniform Customs and Practice for 
              Documentary Credits, 1993 Revision, ICC Publication No. 500; 
              and

       (h)    be issued or confirmed, in either official language, by a 
              financial institution which is a member of the Canadian 
              Payments Association and is on the letterhead of the Issuer 
              or Confirmer.  The format is left to the discretion of the 
              Issuer or Confirmer.

10)    Bid security shall lapse or be returned as soon as practical 
       following

       (a)    the solicitation closing date, for those Bidders submitting 
              non-compliant bids; and

       (b)    the administrative bid review, for those Bidders submitting 
              compliant bids ranked fourth to last on the schedule of bids; 
              and

       (c)    the award of contract, for those Bidders submitting the 
              second and third ranked bids; and

       (d)    the receipt of contract security, for the successful Bidder; 
              or

       (e)    the cancellation of the solicitation, for all Bidders. 
11)    Notwithstanding the provisions of paragraph 10) of GI06 and provided 
       more than three compliant bids have been received, if one or more of 
       the bids ranked third to first is withdrawn or rejected for whatever 
       reason then Canada reserves the right to hold the security of the 
       next highest ranked compliant bid in order to retain the bid 
       security of at least three valid and compliant bids.

GI07   (2007-05-25)  Submission of Bid

1)     The Bid and Acceptance Form, duly completed, shall be enclosed and 
       sealed in an envelope provided by the Bidder, and shall be addressed 
       and submitted to the office designated on the Front Page "Invitation 
       to Tender" for the receipt of bids.  The bid must be received on or 
       before the date and time set for solicitation closing. 

2)     Unless otherwise specified in the Special Instructions to Bidders 

       (a)    the bid shall be in Canadian currency;
       (b)    exchange rate fluctuation protection is not offered; and
       (c)    any request for exchange rate fluctuation protection shall 
              not be considered. 

3)     Prior to submitting the bid, the Bidder shall ensure that the 
       following information is clearly printed or typed on the face of the 
       bid envelope:

       (a)    Solicitation Number;
       (b)    Name of Bidder; 
       (c)    Return address; and
       (c)    Closing Date and Time.

4)     Subject to paragraph 6) of GI09, failure to comply with paragraphs 1), 
       2) and 3) of GI07 shall render the bid liable to disqualification.

5)     Timely and correct delivery of bids is the sole responsibility of 
       the Bidder. 

6)     There will be no public opening of bids.

GI08   (2007-05-25)  Revision of Bid

1)     A bid submitted in accordance with these instructions may be revised 
       by letter or facsimile provided the revision is received at the 
       office designated for the receipt of bids, on or before the date and 
       time set for the closing of the solicitation.  The letter or 
       facsimile shall

       (a)    be on the Bidder's letterhead or bear a signature that 
              identifies the Bidder;

       (b)    clearly identify the amount of the current revision and to 
              which amount it applies.  The total aggregate sum of all 
              revisions submitted, including the current revision, shall be 
              shown separately.

2)     A letter or facsimile submitted to confirm an earlier revision shall 
       be clearly identified as "ONFIRMATION ONLY". 

3)     Failure to comply with any of the above provisions shall result in 
       the rejection of the non-compliant revision(s) only.  The bid shall 
       be evaluated based on the original bid submitted and all other 
       compliant revision(s).

GI09   (2007-05-25)  Acceptance of Bid

1)     Canada may accept any bid, whether it is the lowest or not, or may 
       reject any or all bids.
 
2)     Without limiting the generality of paragraph 1) of GI09, Canada may 
       reject a bid if any of the following circumstances is present:

       (a)    the Bidder, or any employee or subcontractor included as part 
              of the bid, has been convicted under section 121 ("Frauds on 
              the government" & "Contractor subscribing to election fund"), 
              124 "Selling or purchasing office"), or 418 ("Selling 
              defective stores to Her Majesty") of the Criminal Code; 

       (b)    the Bidder's bidding privileges are suspended or are in the 
              process of being suspended;

       (c)    the bidding privileges of any employee or subcontractor 
              included as part of the bid are suspended or are in the 
              process of being suspended, which suspension or pending 
              suspension would render that employee or subcontractor 
              ineligible to bid on the Work, or the portion of the Work the 
              employee or subcontractor is to perform;

       (d)    with respect to current or prior transactions with Canada

              (i)    the Bidder is bankrupt or if, 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 
                     Bidder, any of its employees or any subcontractor 
                     included as part of its bid;

              (iii)  Canada has exercised, or intends to exercise, the 
                     contractual remedy of taking the work out of the 
                     contractor's hands with respect to a contract with the 
                     Bidder, any of its employees or any subcontractor 
                     included as part of its bid; or 

              (iv)   Canada determines that the Bidder's performance on 
                     other contracts is sufficiently poor to jeopardize the 
                     successful completion of the requirement being bid on. 

3)     In assessing the Bidder's performance on other contracts pursuant to 
       subparagraph 2)(d)(iv)of GI09, Canada may consider, but not be 
       limited to, such matters as:

       (a)    the quality of workmanship in performing the Work;

       (b)    the timeliness of completion of the Work;

       (c)    the overall management of the Work and its effect on the 
              level of effort demanded of the department and its 
              representative; and

       (d)    the completeness and effectiveness of the Contractor's safety 
              program during the performance of the Work.

4)     Without limiting the generality of paragraphs 1), 2) and 3) of GI09, 
       Canada may reject any bid based on an unfavourable assessment of the

       (a)    adequacy of the bid price to permit the work to be carried 
              out and, in the case of a bid providing prices per unit or a 
              combination of lump sum and prices per unit, whether each 
              such price reasonably reflects the cost of performing the 
              part of the work to which that price applies; 

       (b)    Bidder's ability to provide the necessary management 
              structure, skilled personnel, experience and equipment to 
              perform competently the work under the Contract; and 
       (c)    Bidder's performance on other contracts.

5)     If Canada intends to reject a bid pursuant to a provision of 
       paragraphs 1), 2), 3) or 4) of GI09, other than subparagraph 2)(b)of 
       GI09, Canada shall so inform the Bidder and provide the Bidder ten 
       (10) days within which to make representations, prior to making a 
       final decision on the bid rejection. 

6)     Canada may waive informalities and minor irregularities in bids 
       received if Canada determines that the variation of the bid from the 
       exact requirements set out in the Bid Documents can be corrected or 
       waived without being prejudicial to other Bidders.

GI10   (2007-05-25)  Procurement Business Number

1)     Canadian Bidders are required to have a Procurement Business Number 
       (PBN) before Contract award.  Bidders may register for a PBN in the 
       Supplier Registration Information service on line at the Business 
       Access Canada Website at: http://contractscanada.gc.ca.  For 
       non-Internet registration, Bidders may contact the Business Access 
       Canada InfoLine at 1-800-811-1148 to obtain the telephone number of 
       the nearest Supplier Registration Agent. 

GI11   (2007-05-25)  Compliance with Applicable Laws

1)     By submission of a bid, the Bidder certifies that the Bidder has the 
       legal capacity to enter into a contract and is in possession of all 
       valid licences, permits, registrations, certificates, declarations, 
       filings, or other authorizations necessary to comply with all 
       federal, provincial and municipal laws and regulations applicable to 
       the submission of the bid and entry into any ensuing contract for 
       the performance of the work.

2)     For the purpose of validating the certification in paragraph 1) of 
       GI11, a Bidder shall, if requested, provide a copy of every valid 
       licence, permit, registration, certificate, declaration, filing or 
       other authorization listed in the request, and shall provide such 
       documentation within the time limit(s) set out in the said request.

3)     Failure to comply with the requirements of paragraph 2) of GI11 
       shall result in disqualification of the bid.

GI12   (2007-05-25)  Approval of Alternative Materials

1)     When materials are specified by trade names or trademarks, or by 
       manufacturers' or suppliers' names, the bid shall be based on use of 
       the named materials.  During the solicitation period, alternative 
       materials may be considered provided full technical data is received 
       in writing by the Contracting Officer at least 10 calendar days 
       prior to the solicitation closing date.  If the alternative 
       materials are approved for the purposes of the bid, an addendum to 
       the bid documents shall be issued.

GI13   (2007-05-25)  Performance Evaluation

1)     Bidders shall take note that the performance of the Contractor 
       during and upon completion of the work shall be evaluated by Canada.  
       The evaluation shall be based on the quality of workmanship; 
       timeliness of completion of the work; project management, contract 
       management and management of health and safety.  Should the 
       Contractor's performance be considered unsatisfactory, the 
       Contractor's bidding privileges on future work may be suspended 
       indefinitely.

2)     An electronic version of the form PWGSC-TPSGC 2913, SELECT - 
       Contractor Performance Evaluation Report Form, used to record the 
       performance is available on the Public Works and Government Services 
       Canada (PWGSC) Website: http://www.pwgsc.gc.ca/acquisitions/text/
       forms/forms-e.html.