8.13. Annex: Letter Templates for Integrity

1. Template letter of rejection of bid, offer or arrangement for integrity reasons

This template letter is provided for instances where the contracting officer has to advise the bidder, offeror or supplier that its bid , offer or arrangement has been found non-responsive due to relevant acts or convictions.

The bidder, offeror or supplier should be given 2 business days to respond.

*Note: Contracting officers will have to tailor the letter to their situation.

Public Works and Government Services Canada

Date: {insert date}

Attention: {insert contact name}

{insert supplier name and address}

Subject: Solicitation Number {insert solicitation number}

Dear Ms./Mr.{insert name}

We regret to inform you that your {insert bid or offer or arrangement, as appropriate} has been found non-responsive due to a relevant act or conviction which matches one of those identified in the Ineligibility and Suspension Policy, and that you have subsequently been declared ineligible to be awarded a contract.

The conviction of {include number and title of conviction} of {insert name of relevant Act in italics} was found against {insert name of company or individual against which the conviction was found}.

As indicated in the Ineligibility and Suspension Policy , the commission of the said acts or offences renders you ineligible to be awarded a contract.

If you have information which may indicate that the findings are not accurate, please provide it to the contracting authority, as indicated below, by 5 p.m. eastern time, {insert the date corresponding to two business days from notification to the supplier}.

If you would like further information on these new measures aiming at strengthening the integrity of the procurement process, see Public Works and Government Services Canada's Integrity Regime website at www.tpsgc-pwgsc.gc.ca/ci-if/ci-if-eng.html.

{Insert Contracting Authority’s name}

Contracting Authority, Public Works and Government Services Canada

{Insert contact details}

2. Template Letter for Addition of Provisions to an Existing Contract

This letter is to be used when adding or revising the Integrity Provisions in an existing contract, when a significant contract amendment is to be done such as an increase to the contract value (such as exercising an option), to extend the contract period, to modify the requirement or for the assignment of a contract.

The contractor, and its affiliates, may be requested, at any time, to provide additional information if required by the Registrar of ineligibility and suspension to perform a more thorough verification.

Note: Contracting officers will have to tailor the letter to their situation.

Public Works and Government Services Canada

Date: {insert date}

Attention: {insert contact name}

{insert contractor name and address}

Subject: Contract Number {insert contract number}

Amendment Number {insert amendment number}

Dear Ms./Mr.{insert name}

You are receiving this letter as a result of the Government of Canada recently announced update to its Integrity Regime launched in July 2015. The Regime, which introduced measures to strengthen the integrity of procurement and real property transactions, includes simplified language and provides additional clarifications and information on processes.

Moving forward, Public Works and Government Services Canada (PWGSC) will apply the updated Integrity Regime, referenced in the Annexes to this letter, to all solicitations and contracts.

In accordance with the updated Integrity Regime, PWGSC is requesting your consent to a revision to the above referenced contract to comply with these new measures and is requesting that you agree that general conditions {insert 2010A or 2010B or 2010C or 2020 or 2029 or 2030 or 2035 or 2040, as appropriate} ({insert appropriate date}) be replaced by general conditions {insert 2010A or 2010B or 2010C or 2020 or 2029 or 2030 or 2035 or 2040, as appropriate} ({insert date of latest version}) and form part of the above referenced contract.

If you agree, please return to my attention a signed copy of this letter no later than {insert month, day, year}, 5 p.m. Eastern Standard Time. In circumstances where a record suspension (criminal pardon) has been obtained, or capacities restored by the Governor in Council please provide us with a certified copy of confirming documentation from an official source within this timeframe.

Agreement

I, ___________________________________ {Contractor's Name} (herein referred to as the "Contractor" by its Authorized Signatory(ies)) hereby certify to the statements referenced in Annex A to this letter as well as agree to the afore-mentioned modifications to the general conditions to incorporate the new Integrity Provisions (referenced in Annex B to this letter) to the above referenced contract

Signature:__________________________________________

Date: ________________________________________

Print Name: ________________________________________

Title: ______________________________________________

We are looking forward to hearing from you. If you have any questions, please do not hesitate to contact me.

Regards,

Insert Contracting Authority’s name

Contracting Authority, PWGSC

Insert contact details

Annex A

Certification – Updated Integrity Provisions

By signing and returning this letter, the contractor certifies that:

1. it has read and understands the Ineligibility and Suspension Policy, which can be found at www.tpsgc-pwgsc.gc.ca/ci-if/politique-policy-eng.html;
2. it understands that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
3. it is aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for purposes of making a determination of ineligibility or suspension;
4. it has provided with this letter a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its first tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, apply to it, its affiliates and its proposed first -tier subcontractors; and
6. it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it.

Where the contractor is unable to provide any of the certifications required above, or must provide a complete list of all foreign criminal charges and convictions, it must submit with this letter a completed Integrity Declaration Form, which can be found at www.tpsgc-pwgsc.gc.ca/ci-if/formulaires-forms-eng.html.

Annex B

New Provisions to be included in the Contract

{insert 2010A or 2010B or 2010C or 2020 or 2029 or 2030 or 2035 or 2040, as appropriate} ({insert date of latest version}) Integrity Provisions – Contract

The Ineligibility and Suspension Policy (the “Policy”) and all related Directives in effect on {date} (insert the date on which the letter is sent} are incorporated by reference into, and form a binding part of, the Contract. The Contractor must comply with the provisions of the Policy and Directives, which can be found on Public Works and Government Services Canada’s website at www.tpsgc-pwgsc.gc.ca/ci-if/politique-policy-eng.html.

{insert 2010A or 2010B or 2010C or 2020 or 2029 or 2030 or 2035 or 2040, as appropriate} (insert date of latest version}) Code of Conduct for Procurement – Contract

The Contractor agrees to comply with the Code of Conduct for Procurement and to be bound by its terms for the period of the contract.