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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 Bid Costs
GI11 Procurement Business Number
GI12 Compliance With Applicable Laws
GI13 Approval of Alternative Materials
GI14 Performance Evaluation
GI01 (2008-12-12) 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 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) 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 initialed by the person or persons signing
the bid. Initials shall be original(s). Alterations, corrections,
changes or erasures that are not initialed shall be deemed void and
without effect.
3) 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 (2010-01-11) 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, 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 (2010-01-11) Bid Security Requirements
1) The Bidder shall submit bid security with the bid in the form of a
bid bond or a security deposit in an amount that is equal to not
less than 10 percent of the bid amount of Part "A". The maximum
amount of bid security required with any bid is $2,000,000.
2) A bid bond (form PWGSC-TPSGC 504) 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
in Appendix L, Acceptable Bonding Companies, on the Treasury Board
Web site.
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, 2007 Revision, ICC Publication No. 600;
(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, 2007 Revision, ICC Publication No. 600;
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 (2008-12-12) Submission of Bid
1) The Bid and Acceptance Form, duly completed, and the bid security
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
(d) Closing Date and Time.
4) Timely and correct delivery of bids is the sole responsibility of
the Bidder.
5) There will be no public opening of bids.
GI08 (2010-01-11) 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 be on the Bidder's letterhead or bear a signature
that identifies the Bidder.
2) The Bidder shall clearly identify the amount of the revision and to
which amount and Part of the Offer it applies.
3) A revision to a bid that includes unit prices must clearly identify
the change(s) in the unit price(s) and the specific item(s) to which
each change applies.
4) A letter or facsimile submitted to confirm an earlier revision shall
be clearly identified as a confirmation.
5) 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 (2008-05-12) 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"), 380 ("Fraud committed
against Her Majesty") or 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;
(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,
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 (2010-01-11) Bid Costs
1) No payment will be made for costs incurred in the preparation and
submission of a bid in response to the bid solicitation. Costs
associated with preparing and submitting a bid, as well as any costs
incurred by the Bidder associated with the evaluation of the bid,
are the sole responsibility of the Bidder.
GI11 (2010-01-11) 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 on the Business
Access Canada Web site. 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.
GI12 (2010-01-11) 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
GI12, 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 GI12
shall result in disqualification of the bid.
GI13 (2010-01-11) 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.
GI14 (2010-01-11) 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) The form PWGSC-TPSGC 2913 , SELECT - Contractor Performance
Evaluation Report Form, is used to record the performance.