Legal text for SACC item
GI01 Code of Conduct and Certifications - Bid
GI02 Preparation of Bid
GI03 Identity or Legal Capacity of the Bidder
GI04 Goods and Services Tax/Harmonized Sales Tax
GI05 Quebec Sales Tax
GI06 Listing of Subcontractors and Suppliers
GI07 Bid Security Requirements
GI08 Submission of Bid
GI09 Bid Opening
GI10 Revision of Bid
GI11 Rejection of Bid
GI12 Bid Costs
GI13 Procurement Business Number
GI14 Compliance With Applicable Laws
GI15 Approval of Alternative Materials
GI16 Performance Evaluation
GI17 Conflict of Interest - Unfair Advantage
GI01 (2012-07-11) Code of Conduct and Certifications - Bid
- Bidders must comply with the Code of Conduct for Procurement. In addition to the Code of Conduct for Procurement, bidders must a) respond to bid solicitations in an honest, fair and comprehensive manner, b) accurately reflect their capacity to satisfy the requirements stipulated in the bid solicitations and resulting contracts, c) submit bids and enter into contracts only if they will fulfill all obligations of the Contract.
- Bidders further understand that, to ensure fairness, openness and transparency in the procurement process, the commission of certain acts or offences will render them ineligible to be awarded a contract. Canada will declare non-responsive any bid in respect of which the information herein requested is missing or inaccurate, or in respect of which the information contained in the certifications specified hereinafter is found to be untrue, in any respect, by Canada. If it is determined, after contract award, that the Bidder made a false declaration, Canada will have the right to terminate the Contract for default. The Bidder will be required to diligently maintain up-to-date the information herein requested. The Bidder and any of the Bidder's parent companies, subsidiaries and affiliates, will also be required to remain free and clear of any acts or convictions specified herein during the period of any contract arising from this bid solicitation. Canada may verify the information provided by the Bidder, including the information relating to the acts or convictions specified herein, through independent research, use of any government resources or by contacting third parties.
For the purpose of this section, business concerns, organizations and individuals are Bidder's affiliates if:
- directly or indirectly either one controls or has the power to control the other, or
- 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 acts or convictions specified in this section which has the same or similar management, ownership, or principal employees, as the case may be.
Bidders must submit the following as part of their bid:
- a complete list of names of all individuals who are currently directors of the Bidder;
- a properly completed and signed Consent Form, for each individual named in the aforementioned list.
- The Bidder must diligently maintain the list up-to-date by informing Canada in writing of any change occurring during the validity period of the bid, and must also provide Canada with the corresponding Consent Forms. The Bidder will also be required to diligently maintain the list and to provide Consent Forms during the period of any contract arising from this bid solicitation.
- By submitting a bid, the Bidder certifies to be aware, and that its parent companies, subsidiaries and affiliates are aware, that Canada may verify the information provided by the Bidder, including the information relating to the acts or convictions specified herein, through independent research, use of any government resources or by contacting third parties.
- By submitting a bid, the Bidder certifies that neither the Bidder nor any of the Bidder's parent companies, subsidiaries or 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 Contract if the payment of the fee would require the individual to file a return under section 5 of the Lobbying Act.
By submitting a bid, the Bidder certifies that except for those offences where a criminal pardon or a record suspension has been obtained, capacities restored by the Governor in Council, or leniency granted as further described in subsection 9 herein, neither the Bidder nor any of the Bidder's parent companies, subsidiaries or affiliates has ever been convicted of an offence under any of the following provisions:
- section 45 (Conspiracies, agreements or arrangements between competitors), 46 (Foreign directives) 47 (Bid rigging), 49 (Agreements or arrangements of federal financial institutions), 52 (False or misleading representation), 53 (Deceptive notice of winning a prize) under the Competition Act, or
- 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), section 462.31 (Laundering proceeds of crime) or sections 467.11 to 467.13 (Participation in activities of criminal organization) of the Criminal Code of Canada, or
- 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
- section 239 (False or deceptive statements) of the Income Tax Act, or
- section 327 (False or deceptive statements) of the Excise Tax Act, or
- section 3 (Bribing a foreign public official) of the Corruption of Foreign Public Officials Act, or
- section 5 (Trafficking in substance), section 6 (Importing and exporting), or section 7 (Production of substance) of the Controlled Drugs and Substance Act.
In circumstances where a criminal pardon or a record suspension has been obtained, capacities restored by the Governor in Council, or leniency granted pursuant to a formal program (similar to the Competition Bureau's Leniency Program) for offences other than sections 121, 124, 380 for fraud committed against Her Majesty and 418 of the Criminal Code of Canada
or offences under the Financial Administration Act, the Bidder must provide with its bid a certified copy of confirming documentation from an official source.
GI02 (2011-05-16) Preparation of Bid
- The bid must be
- 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;
- based on the Bid Documents listed in the Special
Instructions to Bidders;
- correctly completed in all respects;
- signed by a duly authorized representative of the
- accompanied by
- bid security as specified in GI07; and
- any other document or documents specified elsewhere in the
solicitation where it is stipulated that said documents are to
accompany the bid.
- submitted on the Bid and Acceptance Form provided
- Subject to paragraph 6) of GI11, 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.
- Unless otherwise noted elsewhere in the Bid
Documents, facsimile copies of bids are not acceptable.
GI03 (2007-05-25) Identity or Legal Capacity of the Bidder
- 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
- such signing authority; and
- the legal capacity under which it carries on
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
GI04 (2007-05-25) Goods and Services Tax/Harmonized Sales
- 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
GI05 (2007-05-25) Quebec Sales Tax
- 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
GI06 (2010-01-11) Listing of Subcontractors and Suppliers
- 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
GI07 (2012-07-16) Bid Security Requirements
- 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
- A bid bond form (PWGSC-TPSGC 504) shall be in an approved form, properly completed, with original signatures 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
- A security deposit shall be an original, properly
completed, signed where required and be either
- a bill of exchange, bank draft or money order made payable to the Receiver General for Canada and certified by an approved financial institution or drawn by an approved financial institution on itself; or
- bonds of, or unconditionally guaranteed as to principal and interest by, the Government of Canada.
- For the purposes of subparagraph 3)(a) of GI07
- 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 future time a sum certain of money to, or to the order of, the Receiver General for Canada;
- if a bill of exchange, bank draft or money order is certified by or 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 subparagraph 4)(c) of GI07, either by letter or by a stamped certification on the bill of exchange, bank draft or money; and
- An approved financial institution is
- a corporation or institution that is a member of the Canadian Payments Association as defined in the Canadian Payments Act;
- a corporation that accepts deposits that are insured, to the maximum permitted by law, by the Canada Deposit Insurance Corporation or the "Autorité des marchés financiers";
- a corporation that accepts deposits from the public if repayment of the deposit is guaranteed by Her Majesty the Queen in right of a province;
- 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) of the Income Tax Act; or
- Canada Post Corporation.
- Bonds referred to in subparagraph 3)(b) of GI07 shall
be provided on the basis of their market value current at the date
of solicitation closing, and shall be
- payable to bearer;
- 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
- 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.
- 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.
- An irrevocable standby letter of credit referred to
in paragraph 6) of GI07 shall
- 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,
- is to make a payment to, or to the order of, the Receiver General for Canada;
- is to accept and pay bills of exchange drawn by the Receiver General for Canada;
- authorizes another financial institution to effect such
payment or accept and pay such bills of exchange; or
- authorizes another financial institution to negotiate
against written demand(s) for payment provided that the conditions
of the letter of credit are complied with;
- state the face amount which may be drawn against
- state its expiry date;
- 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
authorized departmental representative identified in the letter of
credit by his/her office;
- 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;
- provide that it is subject to the International
Chamber of Commerce (ICC) Uniform Customs and Practice (UCP) for
Documentary Credits, 2007 Revision, ICC Publication No. 600.
Pursuant to the ICC UCP, a credit is irrevocable even if there is
no indication to that effect; and
- be issued (Issuer) or confirmed (Confirmer), in
either official language, by a financial institution that 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.
- be an arrangement, however named or described,
- Bid security shall lapse or be returned as soon as
- the solicitation closing date, for those Bidders
submitting non-compliant bids; and
- the administrative bid review, for those Bidders
submitting compliant bids ranked fourth to last on the schedule of
- the award of contract, for those Bidders submitting
the second and third ranked bids; and
- the receipt of contract security, for the successful
- the cancellation of the solicitation, for all
- the solicitation closing date, for those Bidders
- Notwithstanding the provisions of paragraph 8) of
GI07 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
GI08 (2011-05-16) Submission of Bid
- 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.
- Unless otherwise specified in the Special
Instructions to Bidders
- the bid shall be in Canadian currency;
- exchange rate fluctuation protection is not offered;
- any request for exchange rate fluctuation protection
shall not be considered.
- 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:
- Solicitation Number;
- Name of Bidder;
- Return address; and
- Closing Date and Time.
- Timely and correct delivery of bids is the sole
responsibility of the Bidder.
GI09 (2011-05-16) Bid Opening
- There will be no public opening of bids.
GI10 (2010-01-11) Revision of Bid
- 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.
- The Bidder shall clearly identify the amount of the
revision and to which amount and Part of the Offer it applies.
- 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.
- A letter or facsimile submitted to confirm an earlier
revision shall be clearly identified as a confirmation.
- 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).
GI11 (2012-07-16) Rejection of Bid
- Canada may accept any bid, whether it is the lowest
or not, or may reject any or all bids.
- Without limiting the generality of paragraph 1) of
GI11, Canada may reject a bid where any of the following
circumstances is present:
- the Bidder's bidding privileges are suspended or are
in the process of being suspended;
- 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;
- the Bidder is bankrupt or where, for whatever reason, its activities are rendered inoperable for an extended period;
- 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
- evidence satisfactory to Canada that based on past conduct or behavior, the Bidder, a sub-contractor or a person who is to perform the Work is unsuitable or has conducted himself/herself improperly.
- with respect to current or prior transactions with Canada;
- 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
- Canada determines that the Bidder's performance on other contracts, is sufficiently poor to jeopardize the successful completion of the requirement being bid on.
- In assessing the Bidder's performance on other
contracts pursuant to subparagraph 2)(f)(ii) of GI11, Canada may
consider, but not be limited to, such matters as:
- the quality of workmanship in performing the Work;
- the timeliness of completion of the Work;
- the overall management of the Work and its effect on
the level of effort demanded of the department and its
- the completeness and effectiveness of the
Contractor's safety program during the performance of the
- Without limiting the generality of paragraphs 1), 2)
and 3) of GI11, Canada may reject any bid based on an unfavourable
assessment of the
- 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;
- Bidder's ability to provide the necessary management
structure, skilled personnel, experience and equipment to perform
competently the work under the Contract; and
- Bidder's performance on other contracts.
- Where Canada intends to reject a bid pursuant to a
provision of paragraphs 1), 2), 3) or 4) of GI11, other than
subparagraph 2)(a) of GI11, the Contracting Authority will so
inform the Bidder and provide the Bidder ten (10) days within which
to make representations, before making a final decision on the bid
- 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
GI12 (2010-01-11) Bid Costs
- 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
GI13 (2012-07-16) Procurement Business Number
- Suppliers are required to have a Procurement Business Number (PBN) before contract award. Suppliers may register for a PBN online 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.
GI14 (2010-01-11) Compliance with Applicable Laws
- 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.
- For the purpose of validating the certification in
paragraph 1) of GI14, 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.
- Failure to comply with the requirements of paragraph
2) of GI14 shall result in disqualification of the bid.
GI15 (2010-01-11) Approval of Alternative Materials
- 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.
GI16 (2010-01-11) Performance Evaluation
- 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.
- The form PWGSC-TPSGC 2913, SELECT - Contractor Performance Evaluation Report Form, is used to record the performance.
GI17 (2012-07-16) Conflict of Interest - Unfair Advantage
- In order to protect the integrity of the procurement
process, bidders are advised that Canada may reject a bid in the
- if the Bidder, any of its subcontractors, any of
their respective employees or former employees was involved in any
manner in the preparation of the bid solicitation or in any
situation of conflict of interest or appearance of conflict of
- if the Bidder, any of its subcontractors, any of
their respective employees or former employees had access to
information related to the bid solicitation that was not available
to other bidders and that would, in Canada's opinion, give or
appear to give the Bidder an unfair advantage.
- if the Bidder, any of its subcontractors, any of
- The experience acquired by a bidder who is providing
or has provided the goods and services described in the bid
solicitation (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 bidder remains however subject to the criteria established
- Where Canada intends to reject a bid under this
section, the Contracting Authority will inform the Bidder and
provide the Bidder an opportunity to make representations before
making a final decision. Bidders who are in doubt about a
particular situation should contact the Contracting Authority
before bid closing. By submitting a bid, the Bidder represents that
it does not consider itself to be in conflict of interest nor to
have an unfair advantage. The Bidder 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.