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3.15.5.10. Statement of Capabilities (Challenge Process)

  1. The Advance Contract Award Notice (ACAN) process provides suppliers with an opportunity to submit a statement of capabilities regarding work identified in an ACAN.
  2. Statements of capabilities submitted by suppliers:
    1. should be provided in writing within the specified timeframe indicated on the ACAN; and
    2. include documentation demonstrating that the supplier meets the requirements and the criteria as set out in the ACAN.
  3. Despite the timeframe indicated in the ACAN, there may be circumstances when a contracting officer could consider a statement of capabilities received after the specified date but before the award of the contract. Contracting officers should discuss this with their management and Legal Services.
  4. Following receipt of a statement of capabilities, the process is as follows:
    1. All statements of capabilities received by the timeframe indicated in the ACAN are reviewed by the contracting officer in accordance with the criteria provided in the ACAN. The pre-identified supplier indicated in the ACAN is also assessed against those same criteria. The assessment must be kept on file.
    2. When a supplier's statement of capabilities provides sufficient information to indicate that it meets the requirements set out in the ACAN, the supplier is notified of the decision to compete the requirement before proceeding to a full bidding process.
    3. If a statement of capabilities is rejected, a separate review of the rejection is conducted at one level above the approval authority, but no higher than the following:
      1. Complexity Level 1: Manager
      2. Complexity Level 2: Director/Regional Director
      3. Complexity Level 3: Director General/Regional Director General
      4. Complexity Level 4 and 5: Assistant Deputy Minister, Acquisitions Branch
    4. With respect to statements of capabilities that are rejected, suppliers should be advised in writing of the decision to reject a statement of capabilities before a contract is awarded.
    5. The reasons for the decision to reject a statement of capabilities are included in the file.
    6. Suppliers that have submitted a statement of capabilities are given the reasons why their statement of capabilities was rejected.
    7. The request from a supplier to withdraw/cancel its statement of capabilities is documented on file, and should be provided in writing by the supplier.
  5. If the procurement is being set aside under the Procurement Strategy for Aboriginal Business, statements of capabilities must only be considered from Aboriginal suppliers.
  6. If the requirement subject to an ACAN is cancelled, suppliers that submitted statements of capabilities should be notified in a timely manner.
  7. Contracting officers may request additional information from suppliers or third parties, as appropriate, to ensure that the interested supplier has the capability to meet the requirements set out in the ACAN.