4. Chapter 4 - Solicitation Process

A Price and Availability (P&A) enquiry is a request sent to suppliers for information concerning approximate prices and availability of specific goods or services. It is used when such information is needed by Public Works and Government Services Canada ( PWGSC) or by a client department for program planning or budgetary purposes. A P&A enquiry could be made directly to selected suppliers, or it may be publicly posted on Government Electronic Tendering Service (GETS). P&A enquiries must clearly indicate that the request is not a solicitation and that there are no commitments with respect to future purchases or contracts.

1. A Request for Information (RFI) or Letter of Interest (LOI) is used when detailed information and feedback are required from suppliers. Such requests might outline a potential requirement and request suppliers to describe their ability to satisfy the requirement and to provide ideas and suggestions on how the eventual solicitation might be structured. Responses are used to assist the client department and PWGSC in finalizing their plans for the requirement and in developing achievable objectives and deliverables. RFIs/ LOIs would normally be posted on GETS in order to obtain replies from a wide audience. If a source list is to be used, the RFI or LOI may be sent only to those on the list. RFIs/ LOIs must clearly indicate that they are not solicitations and that there are no commitments with respect to future purchases or contracts.
2. RFIs/ LOIs identify the client department's potential requirement and its business objectives.
3. The main objectives of an RFI/ LOI are to:
   1. allow suppliers time to:
      1. assess and comment on the adequacy and clarity of the requirements as currently expressed;
      2. offer suggestions regarding potential alternative solutions that would meet requirements, such as solution with a lower environmental impact;
      3. comment on the procurement strategy, preliminary basis of payment elements, and timelines for the project, and
      4. comment on the draft solicitation when included with the RFI/ LOI.
   2. provide information to assist the client department to:
      1. determine whether to proceed with requirements/strategy as planned, and if so, further developing internal planning, approval and solicitation documents that may potentially lead to a solicitation;
      2. refine the procurement strategy, project structure, cost estimate, timelines, requirements definition, and other aspects of the requirement;
      3. become a more "informed buyer" with an enhanced understanding of industry goods and service offerings in the areas of interest; and
      4. assess potential alternative solution concepts that would meet its requirement, such as environmentally preferable solutions.

1. A Request for Quotation (RFQ) may be used to solicit bids for low dollar value commercial goods and/or services valued below $25,000 for goods and $40,000 for construction and services, including all applicable taxes, from one or more suppliers.
2. Prior to soliciting a bid using an RFQ, contracting officers are to verify the Ineligibility and Suspension List and ascertain that the bidder is not ineligible.
3. Because of its abbreviated nature, a RFQ may not contain all of the terms and conditions that are typically used to form a contract, but must include the Integrity Provisions – Bid found in Standard Instructions 2003 or 2004.
4. The contract requirement must be well defined such that bids may be evaluated and compared on the basis of price and delivery and where contract award may be determined on the basis of lowest-priced bid that meets the requirements.
5. RFQs are not publicly posted. Contracting officers may have suppliers submit their RFQs directly to them if a specific date and time is set for the receipt of the quotation.
6. See section 5.16 Integrity Compliance for details on the process to be followed before contract award or before issuing a purchase order.

1. A telephone buy (T-buy) is a form of Request for Quotation (RFQ), where bids are solicited from one or more selected suppliers verbally, in-person or over the telephone, for requirements below $25,000 for goods and $40,000 for construction and services, including all applicable taxes.
2. Prior to soliciting a telephone bid, the contracting officer must verify the Ineligibility and Suspension List and ascertain that the bidder is not ineligible.
3. When soliciting bids through telephone buy, the contracting officer must ensure that the bidder is informed that they will be subject to the Ineligibility and Suspension Policy, and that they must be compliant to the Policy to be awarded a contract. The contracting officer must request that the bidder familiarizes themselves with the Policy.
4. A verbal contract may be entered into by telephone (and order may be placed) if the contracting officer has the appropriate authority.
5. Written confirmation from the bidder is not required for bids received by telephone, however the contracting officer must record the details of the telephone bid on the procurement file and the order must be confirmed in writing by issuing the applicable contract document and providing a copy to the contractor.
6. See Chapter 7 Award of Contracts and Issuance of Standing Offers and Supply Arrangements and section 5.16 Integrity Compliance for details on the process to be followed before contract award or before issuing a purchase order.

1. An Invitation to Tender (ITT) is used where selection is based on the lowest price. It should be used when all of the following criteria apply:
   1. two or more sources are considered capable of carrying out the requirement;
   2. the requirement is adequately defined to permit the evaluation of bids against clearly stated criteria;
   3. the market conditions are such that bids can be submitted on a common pricing basis;
   4. it is intended to accept the lowest-priced responsive bid without negotiations; and
   5. the evaluation of bids will exclude any Product, Resource, Operating and Contingency (PROC) costs or socio-economic considerations, other than the employment equity provisions.
2. An ITT can be used to solicit bids:
   1. through public advertisement on the Government Electronic Tendering Service (GETS);
   2. through direct invitation of selected suppliers by means of a source list, where permitted; or
   3. by invitation of one source only if conditions for a non-competitive process have been met.
3. Prior to issuing an ITT, contracting officers are to verify the Ineligibility and Suspension List and ensure that the invited suppliers are not ineligible, if they have not been selected from a prequalified list.
4. An ITT must include the Integrity Provisions – Bid found in Standard Instructions 2003 or 2004.
5. An ITT can be opened publicly. Public opening should be considered for all ITTs estimated to exceed $25,000. ITTs for requirements less than $25,000 may be opened publicly if circumstances warrant. Public openings should be considered for any bid where the contract award will have a high degree of public visibility.  
6. See section 5.16 Integrity Compliance for details on the process to be followed before contract award.

1. A bid solicitation may be used for low dollar value (Simple), medium complexity (MC) and higher complexity (HC) requirements. It can be used when the bidder selection is based on price or best value. The Standard Instructions 2003 and 2004 of the Standard Acquisition Clauses and Conditions (SACC) Manual must be used in bid solicitations for goods and/or services. Contracting officers establishing bid solicitations for low dollar value, medium and higher complexity requirements must use the standard procurement templates following the Standard Procurement Template Procedures, which provides instructions on how to use the templates.
2. A Request for Proposal (RFP) is a form of bid solicitation that is used when the bidder selection is based on best value rather than on price alone. A RFP should be used when, owing to the nature of the requirement, suppliers are invited to propose a solution to a problem, requirement or objective, and the selection of the contractor is based on the effectiveness of the proposed solution.
3. Bids must be evaluated and the successful supplier must be selected in accordance with specific criteria and procedures as set out in the bid solicitation.
4. A bid solicitation can be used to solicit bids through public advertisement on GETS, through direct invitation of selected suppliers by means of a source list where permitted, or by invitation of one source only if conditions for a non-competitive process have been met.
5. Responses to the bid solicitation may result in negotiations before contract award when the bid solicitation states the right to negotiate in accordance with the international trade agreements and/or the Canadian Free Trade Agreement (CFTA).
6. The preparation of bids is often costly to suppliers. To keep the total cost down while ensuring freedom of access to suppliers, consideration should be given to soliciting bids in two steps.
   1. during the first step of this process, suppliers are requested to provide letters of interest and qualifications, from which a short list is developed. During the second step, suppliers on the short list are requested to submit detailed bids;
   2. suppliers not included on the short list are still able to request the bid solicitation and submit bids.
7. Such a process might be appropriate where many suppliers are known. When doing a two-stage procurement, contracting officers must follow procedures required under the applicable international trade agreements and the Canadian Free Trade Agreement (CFTA) related to selective tendering and prequalification of suppliers, respectively.
8. The bid solicitation should include, as a minimum, the following information:
   1. a clear definition of the requirement;
   2. bidder instructions;
   3. bid preparation instructions;
   4. clear evaluation procedures;
   5. certification requirements;
   6. security and financial requirements;
   7. validity of the bid;
   8. resulting contract clauses; and
   9. instructions informing bidders that they may request information about the results of the RFP and how their bid was evaluated. (See 7.40 Debriefings to Unsuccessful Bidders/Offerors/Suppliers for information to be included in debriefings.)

1. A Request for Standing Offers (RFSO) is used to solicit offers for standing offer methods of supply. For more information on the application of standing offers, see 3.40 Standing offer method of supply.
2. A RFSO can be used to solicit offers through public advertisement on GETS, through direct invitation of selected suppliers by means of a source list where permitted, or by invitation of one source only if conditions for a non-competitive process have been met.
3. The RFSO must give instructions on the use, purpose and limitations of the proposed standing offer. The Standard Acquisition Clauses and Conditions Manual (SACC) Standard Instructions 2006 (competitive) and 2007 (non-competitive) and General Conditions 2005 are designed specifically for standing offers and must be incorporated by reference in each RFSO. Contracting officers establishing an RFSO must use the RFSO template following the Standard Procurement Template Procedures, which provides instructions on how to use the templates.
4. A RFSO must include the following information, as a minimum:
   1. a clear definition of the requirement and the period for making call-ups;
   2. information on the number of standing offers intended to be authorized for use;
   3. offer preparation instructions;
   4. clear evaluation criteria;
   5. clear evaluation procedures and basis of selection;
   6. instructions informing offerors that they may request information about the results of the RFSO and how their offer was evaluated. (See 7.40 Debriefings to Unsuccessful Bidders/Offerors/Suppliers for information to be included in debriefings.)
   7. clear ranking methodology where applicable;
   8. clear call-up procedure(s) including the method of allocating the work among multiple standing offers;
   9. a notice to offerors regarding disclosure of their unit prices (see SACC Manual General Conditions 2005);
   10. conditions applicable to the RFSO;
   11. conditions applicable to the standing offer;
   12. resulting contract clauses applicable to ensuing call-ups; and
   13. the estimated utilization, whenever practical.

4.10.20.10 Standing Offer Forms

(2010-01-11)

The following forms are used for call-ups against a standing offer and are available through PWGSC Forms Catalogue Web site:

Standing Offer Forms

Forms Number	Forms Title
PWGSC- TPSGC 942	Call-up Against a Standing Offer
PWGSC- TPSGC 944	Call-up Against Multiple Standing Offers
PWGSC- TPSGC 8251	Call-up Against a Standing Offer for Temporary Help
PWGSC- TPSGC 7169-1	Call-up Against a Standing Offer for Security Guard Services
PWGSC- TPSGC 191	Acquisition Card Application (MasterCard)1 may also be used at the time of the call-up against standing offers, as an alternative to other payment methods identified in the standing offer2.

¹Because use of a credit card results in immediate payment to the contractor, the normal payment period and interest on overdue accounts provisions do not apply. (See SACC Manual template RFSO, Part 6B, article 2.)

²Contracting officers should verify if the client(s) need such a service and include appropriate details in the standing offers. In such cases a call-up form may, or may not, be warranted.

1. A Request for Supply Arrangements (RFSA) is used to solicit arrangements from suppliers for the establishment of supply arrangements (SA). For more information, see 3.45 Supply arrangement method of supply.
2. Contracting officers establishing an RFSA must use the Standard Acquisition Clauses and Conditions Manual Standard Instructions 2008, General Conditions 2020 and the RFSA template following the Standard Procurement Template Procedures, which provides instructions on how to use the templates.
3. The RFSA should include, as a minimum, the following information:
   1. a clear definition of the requirement;
   2. supplier instructions;
   3. arrangement preparation instructions;
   4. clear evaluation procedures and basis of selection for the establishment of the list of qualified suppliers;
   5. certification requirements;
   6. conditions applicable to the SA, including the terms of the solicitation;
   7. resulting contract clauses applicable to any contract resulting from each solicitation; and
   8. instructions informing suppliers that they may request information about the results of the RFSA and how their offer was evaluated. (See 7.40 Debriefings to Unsuccessful Bidders/Offerors/Suppliers for information to be included in debriefings.)
4. The list of qualified suppliers as a result of a RFSA is considered to be a source list under international trade agreements.

Professional services sourcing tools that may help client departments with their requirements are provided below.

1. Temporary Help Services
   
   1. THS are traditionally used:
      
      1. when a public servant is absent for a temporary period of time;
      2. when there is a requirement for additional staff during a temporary workload increase and there is an insufficient number of public servants available to meet the requirement; or
      3. a position is vacant and staffing action is being completed.
   2. THS is a tool to assist federal departments in the National Capital Region in their procurement of THS with a value (including all subsequent amendments and Goods and Services Taxes) below the applicable thresholds indicated in the THS Supply Arrangement business rules section. Some of the sources are:
      
      1. Public Works and Government Services Canada (PWGSC) issues Regional Master Standing Offers (RMSOs) to provide for qualified personnel for temporary assignments.
      2. RMSOs for temporary help services are requested and authorized by the regional offices of PWGSC. Contracting officers must keep client departments informed of contracting processes, procedures and definitions of categories of service with respect to THS.
      3. There is a temporary help contracting officers' network, which has been working with functional guidance from the Professional Services Procurement Directorate, Services and Technology Acquisition Management Sector.
   3. For additional information, consult the contact person identified on the Temporary Help Services (On-Line System) Web site.
2. ProServices is a professional services mandatory method of supply for requirements below the Canada-Korea Free Trade Agreement threshold and is available through the Centralized Professional Services ePortal.
3. SELECT is a database of approved firms, providing construction, architectural and engineering services, as well as related maintenance and consulting services. It is used by PWGSC to invite suppliers to bid on real property consulting services and construction services below $100,000.
4. In-Service Support Supply Arrangement (ISS SA) is currently limited to a supply arrangement for the professional services related to Human Resources Management, Organizational Management and Project Management.

1. Public Works and Government Services Canada (PWGSC) has committed to promoting a "common look and feel" in acquisition documents by standardizing terminology, simplifying contract language by using plain language, and ensuring more consistency and uniformity.
2. PWGSC has implemented departmental standard procurement documents which include standard instructions, general conditions and templates for bid solicitations, requests for standing offers (RFSOs) and requests for supply arrangements (RFSAs) for use by its contracting officers for the procurement of goods, services or both, excluding construction and architectural and engineering requirements.
3. Subject to the applicable procedures for use of the Standard Procurement Templates contained in the SACC Manual, contracting officers must use the bid solicitation and resulting contract templates for competitive and non-competitive requirements for low dollar value (Simple), medium complexity (MC) and higher complexity (HC), and the templates for Request for Standing Offers (RFSO) and Request for Supply Arrangements (RFSA) for the procurement of goods, services or both. To maintain the "common look and feel" for PWGSC's acquisition documents, contracting officers must not modify or change the order and content of these templates, except where indicated. Where applicable, contracting officers should obtain from their supervisor the most current standard template used within their respective area that has been customized for specific requirements in accordance with the standard templates. Directorates needing assistance in developing documents based on these templates should contact the Strategic Policy Development and Integration Directorate of the Strategic Policy Sector by email at : TPSGC.Outilsdapprovisionnement-ProcurementTools.PWGSC@tpsgc-pwgsc.gc.ca.
4. There are six standard procurement templates available in Microsoft Word (.doc or .docx). Associated marked-up PDF files showing the latest changes are also available for each template. Standard Procurement Template Procedures are also provided to instruct contracting officers on how to use the templates.
5. Procurement of most goods and services must be carried out using the general conditions and supplemental general conditions found in the SACC Manual. The conditions to be used depend on the nature and complexity of the procurement and are provided in Annex 4.1: General Conditions and Supplemental General Conditions.
6. Real Property Contracting utilizes their own separate standard templates for construction and architectural and engineering services.
7. The cover pages of solicitations generated by the Automated Buyer Environment (ABE) must be used for solicitations issued by PWGSC (whether issued through ABE or manually posted on GETS). Manager's approval is required to issue solicitations that do not use ABE generated cover pages. Solicitations must specify the solicitation closing date on the cover page.
8. Contracting officers must ensure that instructions for the submission of solicitations and the solicitation closing date and time for each solicitation are clearly stated in the procurement documents. Contracting officers must also ensure that the solicitation closing date, which appears on the Notice of Proposed Procurement, is consistent with the solicitation.

1. Contracting officers must ensure that value for money has been achieved for Canada. Value for money includes the consideration of many factors such as cost, performance, availability, quality and environmental performance.
2. Contracting officers must consider green procurement in the preparation of solicitation documents and resulting contracts, including requests for standing offers and requests for supply arrangements, to ensure that environmental considerations, if appropriate, are addressed. Contracting officers must also consult with relevant commodity teams with respect to Green Procurement Plans and Guide to Completion. Environmental considerations that are related to specific commodities can then be utilized in the procurement. Contracting officers should consider departmental green procurement targets and the green procurement experience of other departments.
3. Until such time as standard clauses and conditions on environmental performance considerations have been developed centrally, they should be developed by contracting officers as appropriate to support the inclusion of environmental performance requirements, recognizing that they will have to be approved by Legal Services.
4. Contracting officers can consult Annex 2.2: Green Procurement: Environmental Factors and Evaluation Indicators for a list of factors to be considered in developing the solicitation.
5. Contracting officers can contact the Green Procurement Team, within the Strategic Policy Sector, by email at TPSGC.PAAchatsEcologiques-APGreenProcurement.PWGSC@tpsgc-pwgsc.gc.ca, to obtain assistance with integrating environmental considerations in their solicitation documents.

1. Contracting authorities must ensure that value for money has been achieved for Canada. Value for money includes the consideration of many factors such as cost, performance, availability, quality and accessibility.
2. Contracting authorities must consider accessibility in the preparation of solicitation documents and resulting contracts, including requests for standing offers and requests for supply arrangements, to ensure that accessibility criteria, if appropriate, are included in the procurement. For more information, see Treasury Board Secretariat’s Directive on the Management of Procurement sections 4.2.7.1 and 4.2.7.1.1.
3. Contracting authorities can consult Annex 2.6 Accessible Procurement: Factors and Considerations for a list of factors and requirements to be considered in developing the solicitation, as well as the Accessible Procurement Resource Centre (APRC) web page and the Office of Public Service Accessibility web page.
4. Contracting authorities can contact the APRC, within the Acquisitions Branch, by email at TPSGC.PACRAAccessible-APAccessiblePRC.PWGSC@tpsgc-pwgsc.gc.ca, to obtain assistance with integrating accessibility considerations in their solicitation documents.

1. The method and location of bid receipt must be specified in the solicitation.
2. The following methods of response may be used:
   1. in writing and submitted to the specified Bid Receiving Unit: all ($) dollar values;
   2. in writing and submitted directly to the contracting officer: below $25,000 for goods and $40,000 for construction and services, including all applicable taxes;
   3. verbally by telephone:
      1. below $25,000 for goods and $40,000 for construction and services, including all applicable taxes;
      2. any amount, in cases of documented extreme urgency (director's approval is mandatory);
   4. on electronic media (such as DVDs, USB key(s), CD(s)) and submitted to the specified Bid Receiving Unit;
   5. by facsimile;
   6. by the Canada Post Corporation’s (CPC) Connect service.
3. When some method of responding is not acceptable contracting officers must clearly indicate this in the solicitation and should also indicate this in the Notice of Proposed Procurement.

1. For technical data, not owned by PWGSC, the contracting officer must ensure that the government obtains the right for the distribution and use of such data.
2. For DND requirements form PWGSC-TPSGC 1065, Request for Distribution of Technical Data, must be used. Contracting Officers must send (by fax,/ e-mail, etc.) the completed form to DSCOs repository section / staff DSCO 4-7 @ the National Printing Bureau (NPB - 45  Blvd. Sacré-Coeur, Gatineau, QC) in sufficient time to ensure that the data will be available when the bid solicitation is issued.
3. PWGSC will not provide data available to potential bidders through normal business channels.

   Examples of such material technical data are specifications of Canadian Standards Association (CSA), Society of Automotive Engineers (SAE), National Electrical Maintenance Association (NEMA), Underwriters' Laboratories of Canada (ULC) Standards and the Canadian General Standards Board (CGSB).

1. All procurement notices and related tender documents posted on the GETS must be in both official languages. The French and English content must be of equal quality and be published at the same time.
2. This means that all procurement notices and related tender documents must be translated prior to posting on the GETS.
3. Notices and related tender documents subject to these obligations include but are not limited to:
1. notices of proposed procurement (NPPs);
2. solicitations (e.g. RFPs, RFSOs, RFSAs);
3. advance contract award notices (ACANs);
4. requests for information (RFIs);
5. letters of interest (LOIs);
6. invitations to Qualify (ITQs);
7. forms, standards, purchase descriptions, statements of work, resulting contracts, blueprints, architectural drawings, reports, graphics and other documentation that is included as part of a tender package;
8. any other notices posted on the GETS;
9. amendments to any of the above.
4. Proper translation of government content is essential to ensure the integrity of the procurement process and to ensure that procurements are not adversely affected. Acquisition Program (AP) contracting officers and clients should note the standard for government content with regard to the Official Languages Act in section 1.3 of the Canada.ca Style Guide, namely that government content must:
1. be professionally translated (for equal quality in both official languages);
2. reflect Canadian writing conventions in French and English;
3. include fully bilingual images, multimedia files and transcripts, or contain equivalent information in both official languages.
5. For translation services, AP contracting officers are encouraged to leverage the services of the Translation Bureau including translation, revision and editing. These services are also made available to other government departments and agencies. To learn more about these services and how to submit an online request to obtain them, please visit the Official language translation, revision and editing services page (accessible only on the Government of Canada network).
   1. If clients are seeking to leverage the services of Translation Bureau or a third party for the translation of documents with professional seals, they should ensure that the approach meets with any provincial or territorial standards or requirements governing the translation of those professionally sealed documents. For more information on the translation of documents with professional seals, please refer to Section 4.20.1.1.2 Translation of documents with professional seals and Annex 1.1.1 Matrix of responsibilities between Public Works and Government Services Canada and client departments for the procurement of goods and services (generic) (Section 3.1).

Administrative Agreements are managed by the Departmental Oversight Branch (DOB). They are negotiated agreements between Public Works and Government Services Canada (PWGSC) and a bidder, offeror, or supplier, current or potential, to, among other things:

1. reduce the period of ineligibility to contract with Canada;
2. enter into a contract where the Public Interest Exception (PIE) is invoked and where time is not of the essence; or
3. continue a contract where the contracting authority has a right to terminate the contract due to non-compliance with the Ineligibility and Suspension Policy.

Additional information on Administrative Agreements can be found in Section 14. Administrative Agreements of the Ineligibility and Suspension Policy.

1. Where it is necessary to do so in public interest, Public Works and Government Services Canada may enter into a contract with a bidder, issue a standing offer with an offeror, or a supply arrangement with a supplier, that has been determined to be ineligible or has been suspended under the Ineligibility and Suspension Policy.
2. A Public Interest Exception (PIE) cannot be invoked in situations where the supplier has no capacity to contract with Canada pursuant to subsection 750(3) of the Criminal Code.
3. If a contract must be awarded to an ineligible or suspended supplier, the contracting officer must escalate the request to the Assistant Deputy Minister, Acquisitions Branch through the Acquisition Program Integrity Secretariat by email at TPSGC.DGAIntegrite-ABIntegrity.PWGSC@tpsgc-pwgsc.gc.ca.
4. Complete details regarding Public Interest Exceptions are available in Section 15. Public Interest Exception of the Ineligibility and Suspension Policy.

1. When contracting with the Government of Canada, contractors understand that they cannot enter into a contract with first tier subcontractors that have been determined to be ineligible or suspended under the Ineligibility and Suspension Policy. A first tier contractor is defined in the Policy as “a subcontractor with whom a supplier has a direct contractual relationship to perform a portion of the work pursuant to a contract or real property agreement between the supplier and Canada, unless the subcontractor merely supplies commercial-off-the-shelf goods to the supplier”.
2. Bidders are responsible for verifying the status of first tier subcontractors prior to submitting a bid that identifies first tier subcontractors and before entering into a contractual relationship with first tier subcontractors.
3. If a contractor must enter into a first tier subcontract with an ineligible or suspended subcontractor, they must first obtain written approval of the appropriate deputy head or delegate by forwarding this request to the contracting authority. Contractors who enter into a first tier subcontract with an ineligible or suspended first tier subcontractor without the prior written consent from the relevant deputy head can be declared ineligible for a period of five years from the date of Public Works and Government Services Canada (PWGSC)’s determination.
4. If a successful bidder wishes to replace a first tier subcontractor that has been determined ineligible or suspended prior to contract award, a rigorous re-evaluation process that ensures that all bidders are treated fairly and equally must be followed. This process will be tailored, as appropriate, to individual situations and the specific procurement circumstances at hand.
5. Any request from successful bidders wishing to replace a now ineligible or suspended first tier subcontractor, or from contractors wishing to enter into a first tier subcontract with an ineligible or suspended subcontractor must be sent to the Acquisition Program Integrity Secretariat (APIS) by email at TPSGC.DGAIntegrite-ABIntegrity.PWGSC@tpsgc-pwgsc.gc.ca.
6. In situations where there is a prolonged bid evaluation period, contracting officers must remind the successful bidder, using the template provided by APIS, that:
   1. they are obligated to obtain PWGSC approval prior to entering into a contractual relationship with an ineligible or suspended first tier subcontractor; or
   2. they can replace a now ineligible or suspended first tier subcontractor, whose eligibility standing has changed since the bid was originally submitted, as long as the subcontractor suggested as a replacement is accepted by Canada.
7. Additional information regarding contracting with ineligible or suspended subcontractors can be found in Section 16. Subcontractors of the Ineligibility and Suspension Policy.

The requirement must be clearly identified, the deliverables and the delivery schedule defined and the tasks must be included in the Statement of Work.

For more information, consult the Statement of Work Guide (available on GCpedia - Acquisitions Program Policy Suite - Procurement Process).

1. For all proposed procurements with security requirements, including pre-contractual agreements, contracts, call-ups and service agreements, the Security Requirements Check List (SRCL) and the Statement of Work must be prepared by the client department and provided directly to the Contract Security Program (CSP) prior to sending the TPSGC-PWGSC 9200 Requisition for Goods and Services and Construction form to PWGSC Allocation Unit. Therefore, for every proposed procurement, the client department identifies the security requirements by completing an SRCL or by certifying in writing that there are no security requirements. The CSP will then provide the security clauses to the client department. The SRCL and the security clauses, or the Certification, must be provided along with the TPSGC-PWGSC 9200 Requisition for Goods and Services and Construction form and must be on file and available upon demand.
2. For solicitations with security requirements, including requests for proposals under competitive solicitations, and Requests for Standing Offers (RFSO) and Requests for Supply Arrangements (RFSA), procurement officers must provide instructions to bidders to submit a completed, dated and signed Application for Registration (AFR) form as part of their proposal (i.e. bid response). Procurement officers must provide bidders until the date of the contract award to obtain the required security clearance. Once the solicitation process ends, procurement officers must submit the following to the CSP at tpsgc.ssiinscription-issregistration.pwgsc@tpsgc-pwgsc.gc.ca:
   1. A bid submission cover sheet containing the solicitation number, anticipated contract award date as well as names of confirmed bidders;
   2. Copies of the completed AFR forms; and
   3. The CSP-approved Security Requirements Check List (SRCL) with the procurement officer’s signature in block 16.
   Failure to provide any of these documents will delay the organization security screening process for the bidders.
3. The role of the CSP, among other things, is to:
   1. review the SRCL, the Application for Registration (AFR) form, if applicable, and supporting documents that contain security details, such as the Statement of Work, or security and IT guides for accuracy, completeness, and authorized signatures. Security details in the supporting documents must align with the security categorizations on the SRCL;
   2. for potential contracts involving foreign-based suppliers and/or foreign classified information, ensure that the participating countries or international organizations have the appropriate bilateral security instrument (i.e. Memorandum of Understanding, arrangements, or agreements) in place with Canada (see 4.30.25 Security and international contracts). If foreign-based suppliers are expected to bid, a list of the applicable country(ies) of origin should be provided to the CSP’s International Industrial Security Directorate (IISD), and the appropriate country-specific clauses related to foreign-based suppliers will be provided;
   3. sign the SRCL form as the Contracting Security Authority and provide the applicable security clauses to the client department;
   4. provide information to the contracting officer on the security status of each bidder, contractor, or offeror, as applicable;
   5. provide to Canadian bidders, contractors, or offerors, information on the preparation and transmission of classified or protected information or assets. Classified information and assets must be forwarded to the CSP’s Document Control Section (DCS).
4. The fully signed SRCL must contain the following signatures:
   1. the Organization Project Authority must sign the form to indicate that the SRCL properly reflects the security categorizations of the requirement;
   2. the Organization Security Authority must also sign the form to indicate that the SRCL properly reflects the security categorizations of the requirement. The CSP will not process the SRCL and provide the applicable clauses if the above two signatures are not provided;
   3. the contracting officer must sign block 16 "Procurement Officer" only after the CSP has advised that the successful bidder has received their security clearance, which means just prior to contract award. The procurement officer’s signature on the SRCL confirms that:
      1. all information on file related to the contract security requirement has been provided to the CSP for their review prior to the solicitation stage;
      2. the contracting officer intends to attach the fully completed and signed SRCL, as well as, insert the security clauses provided by the CSP into the contract; and
      3. The CSP has provided confirmation that the proposed contractor meets the security requirements.
         Important: When security capabilities such as document safeguarding, IT (including cloud computing), Production and/or COMSEC are required, seek assurance of these specific security types from the CSP as they are contract-specific.
   4. The CSP signs as indicated in (c) (iii) above.
5. Client departments must provide the hard copy of the SRCL form Security Requirements Check List (SRCL) or use the online Security Requirements Check List (SRCL) service. To use the online service register online or contact the Contract Security Program.
6. Contracting officers must inform the CSP at tpsgc.ssilvers-isssrcl.pwgsc@tpsgc-pwgsc.gc.ca of the anticipated posting and closing dates of the solicitation, and notify the CSP once the tender has been posted.
7. If a requirement is cancelled, the contracting officer must advise the CSP immediately so that the file can be appropriately closed.
8. Contracting officers must not reuse previously approved security clauses, except in processes or instruments that have been pre-approved by the CSP.
9. At its discretion, the CSP may make an exception to the new process for sponsorship requests to support ministerial mandate letter commitments and Government of Canada priorities. In such cases, client departments and contracting officers can sponsor suppliers for private sector personnel and organization security screenings, even if the supplier is not an active participant in a solicitation process. To sponsor a supplier under such circumstances, departments or contracting officers must provide the following documents to the CSP at tpsgc.ssiinscription-issregistration.pwgsc@tpsgc-pwgsc.gc.ca:
   1. A completed Request for private sector organization screening (PSOS) form, signed by senior management (i.e. Director level or higher); and
   2. A justification for the screening against a Minister’s Mandate Letter or other Government of Canada priorities.
   To sponsor a supplier for a Facility Security Clearance (FSC) and/or document safeguarding capability, the contracting officer will also need to provide a duly completed Security Requirements Check List (SRCL) as well as a Statement of Work to the CSP with their PSOS form and valid justification.

1. When there are security requirements, the evaluation section or the security requirements section of the solicitation documents must clearly state when security requirements must be met. The contracting officer should be fully aware of the time frames required for the security screenings to be carried out.
2. The completed SRCL must be attached as an annex to the solicitation, though the signature page may be omitted.
3. In certain cases, suppliers and their personnel may require security clearances for bidders’ conferences, site visits, or to access protected or classified documents during the bid solicitation stage and for the purpose of preparing their bids. In such cases, the Contract Security Program (CSP) may grant a provisional security clearance to eligible bidders and their respective bid preparation teams if they are not already cleared into the CSP. These provisional security clearances will only be valid for the duration of the bid solicitation stage.
4. To request a provisional security clearance for eligible bidders, procurement officers must submit the following documents to the CSP at tpsgc.ssiinscription-issregistration.pwgsc@tpsgc-pwgsc.gc.ca:
   
   1. Completed Request for private sector organization screening (PSOS) form for each bidder requiring access;
   2. A completed bid submission cover sheet;
   3. Solicitation number and timelines associated with the letter of interest, request for information, request for proposal, etc.;
   4. CSP-approved Security Requirements Check List (SRCL);
   5. Statement of Work or substantive description of work (if not already provided); and
   6. Application for Registration (AFR) form completed by each bidder requiring access.
5. For procurements with private sector personnel or organization security screening requirements that must be met as a mandatory requirement for contract award, contracting officers must include the CSP’s AFR form with bid solicitation documents. Any supplier who wishes to bid will be required to complete and submit the AFR form with their bid. Suppliers that are already registered with the CSP will need to complete the AFR even if they already hold the necessary security clearances.
6. Once all the bids have been received, the contracting officer overseeing the bid solicitation process will submit a completed bid submission cover sheet, CSP-approved SRCL, and the completed AFR forms for each bidder to the CSP at tpsgc.ssiinscription-issregistration.pwgsc@tpsgc-pwgsc.gc.ca. AFR forms submitted with incomplete bids (where known) should not be forwarded to the CSP. The AFR form provides the CSP with mandatory organization based information required to conduct background and security screenings.
7. Upon review of the AFR forms, the CSP will keep the contracting officer apprised of the progress of all screening files.
8. Delays in the organization security screening process can be expected when additional verifications need to be conducted for cause. If the CSP requires more time to clear a successful bidder, it will inform the contracting officer. If the contract needs to be awarded urgently, the contracting officer and the client department’s Chief Security Officer (CSO) and technical/project authority can consult the CSP to obtain advice and guidance on the development of an acceptable risk mitigation strategy so the contract can be awarded before the security clearance process is completed. If risk mitigation measures proposed by the contracting officer and client departments cannot be implemented for the successful bidder, or agreed upon by all parties (including the CSP), the contracting authority will either need to delay contract award until the recommended supplier obtains the appropriate security clearance, or where the recommended supplier cannot obtain the appropriate security clearance, select the next highest-ranked technically compliant bidder.
9. Once the CSP has completed its screening process, the CSP will inform the contracting officer of the results of the screening(s) and confirm in writing if bidders meet the security requirements in advance of contract award.
10. For procurements with security requirements for work to be performed or documents safeguarded at the contractor’s facilities, security screening has to be done for those facilities before any work can start at those facilities. The contractor’s address indicated in the bid document is not necessarily the location of where the contractor intends to perform work or keep documents. It is important for the CSP to know, as early as possible in the process, in which of the contractor’s facilities the work will be performed or the government's sensitive information/assets will be safeguarded if issued a contract or call-up. The CSP will perform a contract-specific inspection of the contractor’s site(s).
11. In the bid solicitation document, the contracting officer needs to add, under the Security references "Location(s) of Work Performance" for the contractor to complete.

1. When the contracting officer and the client department have determined that it is appropriate to use a standing offer or supply arrangement method of supply for procurements with a contract security requirement, the Request for a Standing Offer (RFSO) or Request for a Supply Arrangement (RFSA) should specify the minimum level of security clearance required as well as the circumstances under which a higher level would be required. Instructions to users of the arrangement must be clear on:
   1. how to identify which level of security applies in resulting contracts; and
   2. the client department's responsibility in confirming with the Contract Security Program (CSP), prior to issuing a contract or call-up, that the suppliers meets the security requirement.
   IMPORTANT: When security capabilities such as document safeguarding, IT (including cloud computing), Production and/or COMSEC are required, seek assurance of these specific security types from the CSP as they are contract-specific.
2. Resulting call-ups and contracts with security requirements must identify the applicable security categorization, and the applicable SRCL must be attached to the call-up or contract.
3. A copy of all awarded call-ups and contracts with security requirements must be sent to the CSP at tpsgc.ssicontrats-isscontracts.pwgsc@tpsgc-pwgsc.gc.ca.

1. As per Canadian international security commitments, the Designated Security Authority for Canada (Canada’s DSA) is the Director of International Industrial Security Directorate (IISD) within the Contract Security Program (CSP). Canada’s DSA is the authority for confirming compliance with the international security requirements involving foreign-based suppliers and/or foreign classified information and assets.
2. Where a procurement may involve foreign-based suppliers, or when the contracted work requires access to international organizations (e.g., NATO) or foreign classified information, assets, or sites, the contracting officer must submit the Statement of Work to the CSP’s IISD as soon as possible for a review of any security wording to ensure compliance with Canada’s international security commitments. The CSP’s IISD can be reached at tpsgc.dgsssiprojetintl-dobissintlproject.pwgsc@tpsgc-pwgsc.gc.ca.
3. Once they become aware of potential contracts with foreign-based suppliers, the contracting officer must inform the CSP’s IISD as soon as possible of the country of origin for each foreign-based supplier that is interested in participating in the procurement. The CSP’s IISD will then confirm the international security screening requirements based on the applicable international bilateral security instrument in place with the relevant foreign entity and other Canadian international security commitments. If the exchange of sensitive information is permitted under these international security commitments, country-specific security clauses will be provided to the contracting officer.
4. The CSP’s IISD will liaise with the appropriate foreign security authorities to confirm to the contracting officer that the foreign-based supplier has completed the necessary security screening requirements before the foreign-based supplier is authorized to access Canada’s sensitive information.
5. Before and during the contract, transmittal of Canada’s sensitive information or assets out of Canada, or transmittal of NATO or foreign classified information within Canada must be approved and normally exchanged through the CSP’s IISD as per Canada’s international security requirements.

1. A Foreign Ownership, Control or Influence (FOCI) evaluation assesses the nature and extent of authority, ownership, control or influence that foreign interests may have over Canadian organizations.
2. The evaluation helps determine and mitigate the risk that unauthorized third parties may exert undue influence over a Canadian organization to access government classified information, assets or sites.
3. A FOCI evaluation is mandatory when the contracted work requires access to international organizations (e.g., NATO) or foreign classified information, assets or sites, access to COMSEC information and assets, or as directed by the Contract Security Program (CSP).
4. Canada’s obligations and commitments to conduct FOCI evaluations are outlined in the IT Security Directive for the Control of COMSEC Materiel in the Canadian Private Sector (ITSD-6A), the North Atlantic Treaty Organization (NATO) Security Policy and various international bilateral security instruments between Canada and its international partners.
5. Suppliers must be informed of the requirement for a FOCI evaluation in the bid solicitation documents however, completed packages from suppliers should only be requested after the bid evaluation process has determined which supplier(s) will be awarded a contract. The material that a supplier has to provide for such an evaluation is often extensive and time consuming to gather.
6. A FOCI evaluation is requirement-specific and must be completed prior to granting access to sensitive information, assets or sites is permitted. The FOCI evaluation remains valid for the duration of the contract and as long as the degree of potential foreign control or influence of the private organization remains unchanged. Re-evaluations are conducted when a new contractual FOCI requirement is identified or in cases where a certain type of change has impacted the nature and extent of foreign ownership, control or influence over the private organization.

For more information on Comprehensive Land Claims Agreements, consult 9.35 Comprehensive Land Claims Agreements (CLCAs).

For more information on the Procurement Strategy for Indigenous Business, consult 9.40 Procurement Strategy for Indigenous Business.

Standard instructions, clauses and conditions set out in the Standard Acquisition Clauses and Conditions (SACC) Manual issued by PWGSC may be added in the solicitation documents to meet specific commodity needs. Contracting officers must ensure that there are no inconsistencies with the applicable general conditions.

For more information on taxes and duties, consult annexes Annex 4.3: Taxes and Duties, Annex 4.4: Supplies Exempt from Goods and Services Tax/Harmonized Sales Tax and Annex 4.5: Goods Subject to Excise Tax.

Solicitations for janitorial, food catering and security services must include SACC Manual clause A0075T whenever information concerning each employee of a previous supplier must be provided to other suppliers, in accordance with the Ontario labour legislation. See 4.70.105 Ontario Labour Legislation and Annex 4.6: Ontario Labour Legislation.

Process cancelled as per direction from Communications Branch in July 2010.

Contracting officers must ensure that mandatory requirements represent truly essential requirements, since not even a single mandatory requirement can be later waived when faced with an otherwise good bid/offer/arrangement. Contracting officers should discuss this with client departments since the bulk of the mandatory requirements are typically defined by the client department. Mandatory evaluation criteria identify the minimum requirements that are essential to the successful completion of the work. Contracting officers must minimize the number of mandatory criteria in order to increase probability of receiving responsive bids/offers/arrangements. Mandatory criteria must be clearly specified in the solicitation document and may include:

1. licensing requirements;
2. minimum performance characteristics of equipment;
3. requirements for delivery dates or condition;
4. essential minimum qualifications or experience of proposed personnel;
5. budget limitations.

1. Only bids/offers/arrangements that meet the mandatory criteria are subject to point rating, as applicable. Rated criteria are used to assess various elements of the technical bid/offer/arrangement so that the relative merits of each bid/offer/arrangement can be used to distinguish one bid/offer/arrangement from another. The maximum points that can be achieved for each rated criterion must be specified in the solicitation document.
2. When point rating is used, bids/offers/arrangements may have to achieve a minimum number of points overall to be considered responsive, and often they must achieve a minimum number of points for certain individual criteria. Solicitation documents must clearly identify any minimum thresholds and clearly indicate that such minimums are mandatory. When assigning weights to each criterion, the contracting officer and the client department should ensure that a high aggregate of points for minor criteria does not overcompensate for a low aggregate of points for major criteria.
3. When evaluating knowledge and experience is important, contracting officers must specify in the solicitation documents how knowledge and experience will be assessed. In the case of joint ventures for example, whose experience will be assessed, i.e. the experience of a joint venture member only or a pooling of experience of all the members.

The content of this section was reviewed and moved to section 4.21 Integrity Provisions. For reference purposes, section 4.45.1 is available in the Supply Manual Archive, Version 2013-7.

The surety bond forms are:

1. PWGSC- TPSGC 504, Bid Bond;
2. PWGSC- TPSGC 505, Performance Bond; and
3. PWGSC- TPSGC 506, Labour and Material Payment Bond.

1. The decision to obtain bid financial security should take into account the following:
   1. the extent of bidder prequalification possibility;
   2. the type of work and custom of the trade;
   3. the likelihood of attempts to withdraw;
   4. the consequences of the failure or inability of the bidder to enter into a contract.
2. The amount of bid financial security must be the minimum required to ensure that the bidder enters into the contract. SACC Manual clause E0004T must be used in conjunction with E0008T when bid financial security is required. When clause E0004T is used to require bid financial security and a contract financial security is required under the resulting contract, it must be used with E0003T, E0005C and E0008C. When clause E0004T is used to require bid financial security, but no contract financial security is required, clause E0009T must be used.
3. If the estimated contract value is $250,000 or less, the security should not exceed 10 percent of the bid price. In the case of larger acquisition values, the contracting officer will determine the percentage.
4. Any letter of credit received by Canada must have an appropriate expiry date. The letter of credit should not have its expiry date coincide with the projected cessation of the risk that it covers. For instance, the expiry date stated in the letter of credit should not be the same date as the one projected for the contract award. The expiry date should allow for a comfortable turn-around time from the estimated date of the contract award, to ensure that the contracting officer is satisfied that the bidder has discharged its obligations for which the letter of credit was provided. If the bidder has not met its obligations, the contracting officer must have sufficient time to prepare and present the required demand for payment under the letter of credit.
5. To prevent problems in obtaining contract financial security (if required) at a later date, the solicitation must specify that, if the required contract security is not provided within the period specified, a security deposit (government guaranteed bonds, bills of exchange, irrevocable standby letters of credit) given as bid security will be forfeited or payment demands will be made against the bid support letter of credit. The amount forfeited must not exceed the difference between the bid price and the amount of the contract entered into by Canada. This provision is also contained in form PWGSC-TPSGC 504.
6. Unless the acceptable form of security is limited to security deposits (government guaranteed bonds, bills of exchange, irrevocable standby letters of credit), the solicitation must include a list of insurance companies licensed to provide financial security in the jurisdiction of the eventual contract, together with the applicable surety bond form. Deviation from the surety bond form will be permitted only with the prior approval of Legal Services.
7. For more information on procedures on the handling bid security, consult Annex 5.2: Handling, Custody and Safekeeping of Financial Security/Handling of Bills of Exchange. The contracting officer must instruct the specified bid receiving unit of the handling of bid securities received.

1. For the successful supplier, the contracting officer must ensure that bid financial security is not released until the contractor provides the required contract financial security. The decision to obtain contract financial security, and the amount of security required, should take into account the following:
   1. the type of work and custom of the trade;
   2. the consequences of the failure or inability of the contractor to carry out its contractual obligations;
   3. costs associated with the provision of security, compared with the degree of risk involved.
2. For construction contracts with an estimated value of $100,000 or more, contract financial security must be sought.
3. Decisions as to whether and how much financial security will be required should be based on the circumstances of the individual procurement. Some businesses may encounter difficulty in obtaining certain kinds of security; therefore, contracting officers should be sensitive to this and not require unreasonable contract security. In certain cases, perhaps an advance form of security may not be needed; holdbacks in contract payment may suffice. Treasury Board recommends that financial security not be considered until the estimated cost of the contract exceeds $100,000. However, issues relating to the nature of the requirement are usually more important than the dollar value.
4. When the decision to obtain contract financial security has been taken, the contracting officer must stipulate in the solicitation documents that contract financial security will be required. When the contractor is required to provide contract financial security after contract award, SACC Manual clause E0007C must be used in conjunction with E0008C. When the successful supplier must provide a security deposit as contract financial security, clause E0005C must be used in conjunction with E0008C.

1. Standard Acquisition Clauses and Conditions (SACC) Manual general conditions describe the rights and obligations of both the government and the contractors in various types of contractual situations. Contracting officers must determine which general conditions apply to a specific requirement. Only one set of general conditions is to be used for a requirement. Additional conditions, not addressed in the chosen general conditions, may be added to the procurement document; however, contracting officers must ensure that there are no contradictions, inconsistencies and redundancies in the clauses contained in the template, the standard instructions and the general conditions. Legal Services should be consulted for any additional conditions.
2. The general conditions are incorporated by reference in the procurement document. The remarks contained in the general conditions provide instructions on their application.
3. For more information on the general conditions and their use, consult Annex 4.1: General Conditions and Supplemental General Conditions.

1. Contracting officers must determine which SACC Manual supplemental general conditions apply to a specific requirement. The supplemental general conditions must be used in conjunction with one set of SACC Manual general conditions. Their purpose is to expand upon and clarify specific points within the context of an identified subject area.
2. The supplemental general conditions are incorporated by reference in the procurement document. The remarks contained in each set of the supplemental general conditions provide instructions on their application.
3. For more information on the use of supplemental general conditions, consult Annex 4.1: General Conditions and Supplemental General Conditions and the SACC Manual.

The period of the contract or the delivery date must be indicated, as applicable. SACC Manual clause A9022C may be used in contracts for services. If the contract contains option periods, use in conjunction with A9009C.

1. The Practitioner’s Guide for Procurement Pricing provides further guidance on the selection and use of different basis of payment for contracts.
2. The following are the bases of payment that may be used, in descending order of preference, these are:
   1. firm price;
   2. firm price subject to economic price adjustment;
   3. fixed time rate;
   4. cost reimbursable with incentive fee;
   5. cost reimbursable with fixed fee;
   6. cost reimbursable with fee based on actual costs;
   7. cost reimbursable with no fee.
3. The basis of payment should reflect the commodity, the duration of the contract, and how adequately the requirement was defined. Multiple bases of payment may be used in one contract.
4. A contract or part of a contract with a fixed time rate or a cost reimbursable basis of payment must include either a ceiling price or a limitation of expenditure.
5. Where a contract price will be based on estimated or actual costs, the contracting authority, in consultation with the Procurement Support Services Sector, may require an accepted CAP Submission evidenced by a CAP Submission Acceptance Letter to clarify the cost accounting practices to be used for contract pricing.

1. Contract performance means the fulfillment or accomplishment of the work that is required under the contract.
2. When required, the contract may contain various mechanisms for encouraging timely performance, such as:
   1. Contract financial security:
      1. security deposits, whereby the contractor deposits securities (government guaranteed bonds, bill of exchanges or irrevocable standby letters of credit), which PWGSC may convert to complete the contractor's obligation; or
      2. performance bonds, which are a type of surety bond used to guarantee the performance of the contract.
   2. Holdbacks, whereby an amount is withheld to ensure the due performance of the contract.

      The normal arrangements for holdbacks will be incorporated by including the SACC Manual clause H1003C in the contracts.

   3. Liquidated damages clause, whereby provision is made for Canada to recover the pre-estimated loss or rate of loss that would result from a delivery default, without being required to prove actual damages.
3. Where the inclusion of a liquidated damages clause is appropriate, the contracting officer must incorporate such provisions by including the SACC Manual clause D0024C in the contract.
4. Care should be taken to ensure that the rate of assessment of liquidated damages is reasonable. The probable damages should be established by reference to the individual circumstances of the particular procurement. The contract should specify the ceilings for collection of liquidated damages. Such ceilings or maximums can be stated in either of the following two ways:
   1. by specifying a fixed amount payable upon delinquency. This method should be used when it is intended that the contract will be terminated immediately when delinquency occurs and the goods or services "reprocured" elsewhere. The cost of "reprocurement" must be included in the overall fixed amount; or
   2. by specifying a rate of assessment of damages. This rate per calendar day of delay must not exceed a stated percent of the contract price. This method should be used when, upon default occurring, it is intended to serve notice of default requiring the contractor to remedy the default within a stated period of time. The cost of "reprocurement" must be excluded in computing liquidated damages, since this item will be claimable separately in the event that the contract is terminated and the goods or services procured elsewhere.
5. To ensure uniformity of application, the amount or overall ceiling should not exceed 10 percent of the contract price. Ceiling prices in excess of 10 percent may be used when justified by the individual circumstances of the particular acquisition, subject to the approval of the contract approval authority.
6. Incentive payments, whereby provision is made in the pricing basis for increased value to Canada.
7. Such incentives (e.g., for early delivery cost savings, enhanced performance or additional warranty or other benefits) should be considered only in the case of major procurements with long lead times for delivery, where such payment provisions can act as an incentive to the contractor in putting forth special efforts to achieve earlier than scheduled delivery, and the client department agrees because of substantial realizable cost savings and other benefits.

The method of payment is the way Canada will pay for work performed or goods delivered, such as all arrears (preferred), in advance, as a lot delivery or as each item are delivered. Different types of methods of payment are described below:

1. The provision for audit is an integral part of the procurement planning process. SACC Manual General Conditions 2010A, 2010B, 2010C, 2015A, 2029, 2030, 2035 and 2040 include a general audit clause requiring the contractor to maintain complete and accurate records of the contracts costs and allowing the government to inspect and examine the records upon request.
2. There are a number of circumstances where additional, specific provisions for audit (or validation) must be included in a contract. For contracts where the price is based on estimated costs (e.g., negotiated fixed price contracts) or actual costs incurred after contract award (e.g., cost reimburseable contracts), there may be a need to mitigate price risk. Additional audit or validation provisions are necessary to verify contract price and adjust payment as required. Refer to SACC Manual clause C1004C.

Contracting officers must include the following applicable discretionary audit SACC Manual clause in contracts, as follows:

C0100C:

for commercial goods and/or services when price certification clause C0002T, C0004T, or C0006T is used; or when rate certification clause C0600T is used;

C0101C:

for non-commercial goods and/or services when price certification clause C0003T is used; or when rate certification clause C0601T is used.

Contracting officers must include the following applicable time verification SACC Manual clause in contracts, as follows:

C0710C:

for fixed time rate contracts for services and material;

C0711C:

for fixed time rate contracts for the verification of time charged and accuracy of recording. Do not use this clause when C0705C is used.

1. The SACC Manual general conditions provide conditions on invoice submission, and the procurement templates provide invoicing instructions.
2. SACC Manual clause H5001C must be used in contracts for goods or services when the contractor must submit invoices in accordance with all the information required under section "Invoice Submission" of the applicable general conditions, and invoices will be submitted once all the work identified in the invoice has been completed.
3. When progress payments or advance payments are proposed, the appropriate clause from the SACC Manual must be included in the contract. When progress claim form PWGSC- TPSGC 1111 is required to make progress or milestone payments and supporting documents must be submitted with the claim, clause H3022C may be used. Alternatively, clause H3024C may be used when no supporting document is required with the claim. In contracts for maintenance services invoiced monthly or bi-monthly or quarterly, clause H3020C may be used.

1. The Government of Canada (GC) can use various methods to settle the payment of a good or a service, which are referred to as "payment instruments". These instruments determine how the contractor will be paid.
2. Contractor invoices may be paid using the following payment instruments:
   1. Direct Deposit (for domestic and international payments);
   2. GC acquisition card (GC Visa and GC MasterCard for domestic and international payments);
   3. Electronic Data Interchange (for domestic payments);
   4. Wire Transfer (for international payments only);
   5. Large Value Transfer System (for domestic payments over $25M);
   6. Cheque (for domestic and international payments); and
   7. Petty cash (for domestic payments).
3. With the exception of cheque and petty cash, all of the above are electronic payment instruments. Electronic payment instruments are GC's preferred payment instruments.
4. In instances where the client department or agency wishes to make payment using electronic payment instruments, they may identify their preference in the bid solicitation and resulting contract document(s), allowing bidders or contractors to indicate their capacity to accept various forms of electronic payment. Refer to the SACC Manual clauses H3027T and H3027C.
5. For more information on the electronic payment instruments, please consult the Receiver General website.

When the supplier provides certifications in its bid/offer/arrangement, these certifications are subject to verification by Canada during the entire period of the contract/offer/arrangement. If the contractor/offeror/supplier does not comply with any certification or it is determined that any certification made by the contractor/offeror/supplier is untrue, whether knowingly or unknowingly, then Canada may terminate the contract for default, set aside the standing offer or the supply arrangement and remove the supplier from the list of qualified suppliers. Consult the standard procurement templates (MC, HC, RFSO and RFSA) for the certification clause.

1. Any contract constituting a "defence supplies", as defined in the Defence Production Act (DPA), must contain Standard Acquisition Clauses and Conditions(SACC) Manual clause A9006C.
2. A contract awarded on behalf of the Department of National Defence (DND) is not necessarily a defence contract. For example, a contract for goods purchased for DND's day-to-day operations is not a defence contract. Furthermore, it is also possible for a defence contract to be awarded on behalf of a department other than DND. The client department, as the technical authority, will determine whether a particular requirement will result in a defence contract, as defined in the DPA.
3. Solicitations and contracts for defence supplies valued at $250,000 or more, which involve importation of defence supplies, and require the contractor to be the importer, must contain SACC Manual clause C2611C. This clause specifies that the contractor will be responsible for pre-arranging remission on importation or for paying customs duties on importation and applying to the Canada Border Services Agency (CRA) for a refund. Use SACC Manual clause C2610C when DND is the importer. DND is responsible for applying to Public Works and Government Services Canada in good time for the certification required by the Customs Tariff.
4. According to CRA, "defence supplies" include only those specified goods that are, or may be, used directly or indirectly in the defence of Canada. Goods purchased for DND's day-to-day operations are not eligible.

1. The Immigration and Refugee Protection Act and Regulations set out the conditions under which non-permanent residents obtain employment authorization before receiving permission to enter Canada for temporary work. This includes temporary entry to perform work under contract to the federal government.
2. For the procurement of goods and services that may result in the need for the services of non-permanent residents to be performed in Canada, the following appropriate SACC Manual clauses must be included:
   1. A2000C when the contract is to be with a Canadian-based supplier; and
   2. A2001C when the contract is to be with a foreign-based supplier.

1. When there are specific insurance requirements for a requirement, SACC Manual clause G1001C may be used in the contract. Alternatively, when insurance provisions do not apply to a specific requirement, clause G1005C may be used in the contract.
2. Contracting officers must insert the applicable insurance clauses contained in subsection 5-G of the SACC Manual. For more information, see Annex 4.7: Insurance Clauses for insurance clauses, Annex 4.8: Insurance of Government-owned or Leased Vehicles for insurance of government-owned or leased vehicles, and Annex 4.9: Insurance of Government-owned or Leased Equipment for insurance of government-owned or leased equipment. Also consult the Risk Management Web site. For any additional information related to insurance, contracting officers may contact the Risk Management Advisory Services, PWGSC, by e-mail at rcnscgra.ncrrmias@tpsgc-pwgsc.gc.ca.

1. When the decision to obtain contract financial security has been taken, the contracting officer must stipulate in the solicitation documents that contract financial security will be required. SACC Manual clause E0007C must be used in conjunction with E0008C when the contractor is required to provide contract financial security after contract award. The clause E0005C must be used in conjunction with E0008C when the successful supplier must provide a security deposit as contract financial security.
2. Any letter of credit received by Canada must have an appropriate expiry date. The letter of credit should not have its expiry date coincide with the projected cessation of the risk it covers. For instance, the expiry date stated in the letter of credit should not be the same date as that projected for the completion of the work. The expiry date should allow for a comfortable turn-around time from the estimated date of completion of the work to ensure that the contracting officer is satisfied that the contractor has discharged its obligations for which the letter of credit was provided. If the contractor has not met its obligations, the contracting officer must have sufficient time to prepare and present the required demand for payment under the letter of credit.
3. When financial security in the form of a performance bond is required in the contract, clause E5000C must be used.
4. When a contract financial security in the form of labour and material payment bond is required, clause E8000C must be used.

Whenever the controlled goods program applies to a requirement, SACC Manual clause A9131C must be used in contracts to inform the contractor of its obligations under the controlled goods program. When the contract is for the Department of National Defense, clause B4060C must be used in the contract.

1. Limiting a contractor's liability should be an exception to the normal practice of using the standard conditions. When the decision is made to limit a contractor's liability to Canada, contracting officers, in conjunction with departments, must be able to demonstrate that the risks associated with the procurement have been analyzed and that the limitation of liability provides adequate protection to Canada. For more information on risk management, consult Chapter 3 - Procurement Strategy. Decisions with respect to limiting a contractor's liability should be made before the solicitation release or, in instances of non-competitive contracts, before the start of negotiations.
   When limitation of liability applies to a requirement, SACC Manual limitation of liability clauses may be included in the contract. The applicable dollar amount in the clause is to be determined from the appropriate commodity grouping (usually "the Contract Price at the time the damage occurs" or a pre-determined dollar amount established by the commodity grouping).
2. When limiting a contractor's liability to Canada, but not limiting each party's liability for damages to third parties, clause N0001C must be used. Typically, this clause would be used when a commodity grouping exists (other than IM/IT or satellite services, which have their own clauses) or after a risk assessment has been performed to determine the risk exposure and amount of protection required by Canada.
3. When limiting a contractor's liability to Canada and requiring the contractor to indemnify Canada against third party claims, clause N0002C must be used.
4. Clauses N0001C and N0002C are similar, in that both create a limit on the contractor's liability for damages to Canada. However, the two clauses deal with the contractor's liability for claims made by third parties in different ways. N0001C essentially provides that the parties agree to allow the laws in the jurisdiction of the contract to determine who is responsible for any damages to third parties. It then goes on to provide that, if Canada must pay the third party for damages caused by the contractor because of joint and several liability, the contractor must reimburse Canada for that amount. In short, under clause N0001C, each party is responsible for any damages that it causes to third parties. On the other hand, clause N0002C states that the contractor must indemnify Canada against any third party claims that relate to the contract.
5. When limiting a contractor's liability to Canada for first and third party claims, clause N0003C must be used.
6. Limiting a contractor's liability to Canada for third party claims should be avoided, as the exposure of risk to Canada could be extensive. Limiting a contractor's third party liability can only be done under a very limited number of circumstances, generally in situations concerning non-competitive contracts. When the decision is made to limit a contractor's third party liability, the appropriate approvals must be sought as follows:
   1. Limiting contractor’s third party liability without a substantive transfer of risk requires approval by Director, Acquisitions Program, Headquarters, responsible for the area/commodity; and
   2. Limiting contractor’s third party liability with a substantive transfer of risk requires Treasury Board (TB) approval, through the Assistant Deputy Minister (ADM), Procurement Branch, or ADM, Defence and Marine Procurement, and the department’s CFO approval.
7. For the satellite services requirements where special authority was granted by the TB to allocate risk, clause N0008C must be used.
8. For the Public Cloud Software as a Service (SaaS) services requirements where special authority was granted by the TB to allocate risk, clause N0004C must be used. The new clause N0004C indicates: Limitation Per Incident: Subject to the following section, irrespective of the basis or the nature of the claim, the Contractor's total liability per incident will not exceed the cumulative value of the Contract invoices for 12 months preceding the incident.
9. For Information Management/Information Technology (IM/IT) requirements where special authority was granted by the Treasury Board to allocate risk, SACC Manual clause N0000C must be used only for IM/IT contracts.

This section is removed from the Supply Manual as a result of the repeal of the Fair Wages and Hours of Labour Act on January 1, 2014.

For reference purposes, section 4.70.95 is available in the Supply Manual Archive, Version 2014-2.

1. The Incoterms 2000 " FCA Free Carrier (...named place)" must be used in all Department of National Defence (DND) sole source contracts, all repair and overhaul contracts where transportation is not part of the competitive bid, and in all United States (U.S.) Foreign Military Sales contracts (not all U.S. contracts). DND will manage the inbound logistics (coordinate, arrange and pay for all inbound transportation) for these contracts. For these contracts, the contractor must deliver these goods " FCA Free Carrier", and the named place will always be the contractor's facility, unless specified otherwise by DND. The contracting officer must include in the contract either Standard Acquisition Clauses and Conditions (SACC) Manual transportation clause D0035C or D0037C. These clauses direct the contractor to obtain shipping instructions from DND and how to do so.
2. If the contractor is not located in Canada, and the goods are to be imported into Canada by DND, the contracting officer must include clause C2608C and, when applicable, clause C2610C. If the goods are to be imported into Canada by the contractor, include clause C2611C, if applicable.
3. To assist contracting officers in determining which shipping clause is applicable for use in their procurement, the following list of clauses and their application is provided for consideration:
   1. DND contracts:
      1. D0035C: for foreign-based contractors and US Foreign Military Sales contracts (clauses C2608C and C2610C may apply);
      2. D0037C: for Canadian contractors;
      3. D4001C: for delivery FOB destination.
   2. All other government departments:
      1. D4000C: for delivery FOB origin (use clauses C5200T in bid solicitations and C5200C or C5201C in contracts);
      2. D4001C: for delivery FOB destination (use clauses C5200T in bid solicitations and C5200C in contracts).

For contracts for janitorial, food catering and security services when the contractor must keep its employees' records up to date and provide, upon request, information to the contracting officer in accordance with Ontario labour legislation, SACC Manual clause A0075C must be used. See Annex 4.6: Ontario Labour Legislation.

1. For sensitive or high-risk procurements, before issuing the solicitation, the contracting officer must clearly explain to the client department their responsibilities with respect to the solicitation and obtain written confirmation from the client department via e-mail, facsimile or mail, the following:
   1. that the Statement of Work, Statement of Requirement and/or the technical specifications, which will be included in the solicitation, accurately represent their requirements; and
   2. that the client department concurs with the evaluation criteria and contractor selection methodology detailed in the solicitation, and that the ratio of percentages with respect to the technical evaluation in relation to the price evaluation represents value for money.
2. Contracting officers should refer their client departments to any formal agreements between PWGSC and the client department concerning the division of responsibilities relating to the procurement process (see Annex 1.1: Matrix of Responsibilities between PWGSC and Client Departments for the Procurement of Goods and Services (Generic)). The contracting officer must record on file all significant decisions made in consultation with the client department, regarding requirement definition and technical evaluation. For more information on evaluation criteria, see 4.35 Evaluation Criteria.
3. It is the client department's responsibility to determine the required level of authority of the personnel authorized to provide the client department confirmation detailed above.

1. Suppliers must always be provided a reasonable amount of time to prepare and submit responsive tenders, regardless of any prescribed minimum solicitation periods. The setting of a solicitation closing date must take into account the level of complexity of the procurement and the extent of subcontracting anticipated. Sufficient time must be allowed for a supplier to obtain the solicitation, and any additional material, if applicable, and to prepare and submit a response.

   Except for low dollar value procurements (i.e. below $25,000 for goods and $40,000 for construction and services, including all applicable taxes), solicitation periods should be a minimum of 15 calendar days, unless there is a state of urgency.

2. For procurements that are not subject to any trade agreements, the solicitation period (whether publicly advertised or not), should be a minimum of 15 calendar days either from the date the requirement is posted publicly, or, in the case of procurements not publicly advertised, from the date the solicitation is released, unless there is an urgency. The solicitation period for low dollar value procurements (i.e. below $25,000 for goods and $40,000 for construction and services, including all applicable taxes) may be less than 15 calendar days, as appropriate for efficiency and cost effectiveness.
3. For procurements subject to only the Canadian Free Trade Agreement (CFTA), the solicitation period (whether publicly advertised or not), should be a minimum of 15 calendar days either from the date the requirement is posted publicly, or, in the case of procurements not publicly advertised, from the date the solicitation is released, unless there is an urgency. If there is an urgency, then the solicitation period may be less than 15 calendar days.
4. For procurements subject to one or more international trade agreements:
   1. In general:
      1. The minimum solicitation period is 40 calendar days, which can be reduced by five (5) days, to a minimum of 25 calendar days, for each of the following conditions:
         1. The notice of proposed procurement (NPP) is published by electronic means;
         2. All the tender documentation is made available by electronic means from the date of publication of the NPP;
         3. The procuring entity accepts tenders by electronic means.
      2. This minimum solicitation period may be further reduced to:
         1. A minimum of 15 calendar days, if at least 40 days and not more than 12 months in advance of the publication of the NPP, the procuring entity has published a notice of planned procurement which contains:
            1. a description of the procurement;
            2. the approximate final dates for the submission of tenders or requests for participation;
            3. a statement that interested suppliers should express their interest in the procurement to the procuring entity;
            4. the address from which documents relating to the procurement may be obtained; and
            5. as much of the information that is required for the NPP, as is available;
         2. A minimum of 15 calendar days, where limited tendering is used.

   2. For procurements of commercial goods and services, provided that the Notice of Proposed Procurement (NPP) and tender documentation are published at the same time by electronic means, the solicitation period should be a minimum of 15 calendar days. Commercial goods and services are generally “off-the-shelf” requirements that include little to no customization and for which a price could be quoted from a catalogue or a standard service charge would apply. Where 15 calendar days is impracticable, the solicitation period may be reduced to a minimum of 13 calendar days, or, if tenders are accepted electronically, to a minimum of 10 calendar days.

      If the NPP and tender documentation are not published at the same time by electronic means, then the general rules regarding minimum solicitation periods for procurements subject to one or more international trade agreements, described above, apply.

   3. If there is an urgency that renders the normal solicitation period (established in accordance with the above) impracticable, the solicitation period may be reduced to:
      1. A minimum of 10 calendar days, provided that the state of urgency can be duly substantiated by the procuring entity; or
      2. To less than 10 calendar days, where limited tendering is used.
5. When establishing a one-time or permanent list of qualified suppliers, the prequalification period must always be a reasonable period of time for suppliers to prepare and submit their qualifications. If one or more international trade agreements apply, the Invitation to Qualify or the Request for Supply Arrangement (RFSA) must be posted for at least 25 calendar days before any resulting bid solicitation(s) can close. If a state of urgency that is duly substantiated by the procuring entity renders this time impracticable, this time period may be reduced to no less than 10 days.

   For procurements done under a one-time list of prequalified suppliers or Supply Arrangement, the solicitation period is to be determined pursuant to obligations outlined above.

   Further information on trade agreement obligations for lists of prequalified suppliers can be found in Section 3.25 Trade agreements tendering approaches.

6. Notices with closing dates only appear as “Expired” on GETS the next business day. The expired notice and the associated documents remain available on GETS.
7. A summary of the guidance on minimum solicitation periods can be found in Annex 4.10.

Public advertisement using the Government Electronic Tendering Service (GETS) is Public Works and Government Services Canada's (PWGSC) preferred notification process for competitive procurement.

GETS is where the Government of Canada posts procurement opportunities and allows suppliers to search for them on-line. Buyandsell.gc.ca/tenders is the official site for Canada to meet its trade agreement obligations and is the authoritative and first source for Government of Canada tenders. For more information about GETS visit the Buyandsell.gc.ca Tenders or contact the InfoLine at 1-800-811-1148.

1. Notification that a solicitation opportunity is available occurs through the posting of a Notice of Proposed Procurement (NPP) on the Government Electronic Tendering Service (GETS).
2. A NPP is a summary of the solicitation that briefly describes the requirement, and provides pertinent information that will assist suppliers to determine their interest in fulfilling the requirement and their ability to successfully meet any key conditions for participating. If applicable, contracting officers must indicate in the NPP which trade agreement or agreements apply or if Canadian content restrictions apply. (For example, solicitations may specify that the requirement has been set aside under the Procurement Strategy for Indigenous Business or restricted to Canadian-based suppliers as a result of a National Security Exception. In these cases only Indigenous suppliers or Canadian-based suppliers respectively would be eligible to bid.)
3. The NPP must indicate whether additional material will be posted on GETS or made available separately.
4. Many procurement units have developed templates to assist contracting officers to develop NPPs. Contracting officers should consult with their managers to determine if templates are routinely used in that procurement unit.
5. The NPP should advise the suppliers of their option to request a debriefing. For samples of suggested text, refer to the Standard Procurement Templates (Simple, MC, HC, RFSO and RFSA) of the SACC Manual. Any other notices (i.e. newspapers) should contain the same statement.
6. When entering the point of delivery information on the NPP within the Automated Buyer Environment (ABE) for a standing offer or supply arrangement, the contracting officer must select only those provinces or territories where potential deliveries may occur. The "Canadian flag button" in the NPP must only be selected if it is for a National (Master or Individual) Standing Offer and potential deliveries may take place in all of the provinces and territories.

1. For procurements subject to any trade agreements, posting on GETS is required when using:
   1. open tendering; and,
   2. selective tendering:
      1. If subject to the CFTA only, only an invitation to qualify/request for supply arrangement must be posted on GETS. For further information on requirements related to prequalification, see 4.10.25.15 Canadian Free Trade Agreement and use of supply arrangements and 4.10.25.20 Ongoing qualification process.
      2. If subject to one or more international trade agreements, both the invitation to qualify/request for supply arrangement and the NPPs must be posted on GETS. For further information, see 4.10.25.5 International Trade Agreements and Use of Supply Arrangements.

   It is not required to post on GETS if using limited tendering, though posting on GETS is still recommended.

2. Contracting officers can create and transmit NPPs, as well as the solicitation document to GETS, through the Automated Buyer Environment (ABE).
3. ABE sends the NPP and solicitation documents for posting on GETS.
4. To ensure that solicitation packages are posted to GETS the next business day, contracting officers must issue their ABE-generated notices and solicitation documents no later than 4:00 p.m. (ET). Extra time for posting to GETS is required if there is a Drawings and Specifications Package (DSP) or a native file attachment requirement external to ABE. The required files are attached using the Tender Management Application (TMA) prior to posting on GETS. For more information about file attachment through TMA, please see the Electronic attachments section of the Tender Management Application (TMA) Frequently Asked Questions page.
5. The regular daily posting schedule to ABE is after midnight (ET).
6. Contracting officers are responsible for preparing and posting procurement notices on GETS, and, in the case of selective tendering procedures, any annual notices, which establish and maintain a permanent list of qualified suppliers.

1. PWGSC Contracting officers use ABE or TMA to create their solicitations for each publicly advertised competitive solicitation that are then posted on GETS.
2. The ABE Support Team - Acquisitions Services Support Desk (ASSD), Business Operations Service Management Directorate, acts as a focal point between GETS and the contracting officers to facilitate corrections.
3. Contracting officers should check GETS the day after issuing the notice from ABE. If there are discrepancies, or the notice has not been posted, the contracting officer should notify ASSD. The ASSD Team may be contacted either by telephone at 819-956-3325, or by e-mail at: basa-assd@tpsgc-pwgsc.gc.ca.
4. The contracting officer must ensure that the notice and solicitation(s) (including all attachments) are accurate, complete and have been successfully posted on GETS. Corrections required on solicitations remain the responsibility of the contracting officer.

1. When the solicitation or additional material cannot be posted on GETS, contracting officers must ensure the solicitations, in a physical format (such as paper, CD or DVD), or the additional materials (for example, samples, technical drawings and specifications) are available and are distributed to others.
2. Contracting officers should confirm that documents are not protected by any ownership restrictions and that they can be copied and distributed.
3. To obtain the required copies of non-electronic solicitations, contracting officers may make the copies themselves or request the required copies from the client department. The client department initiating the requisition will be responsible for the duplication costs associated with ensuring that sufficient copies of a procurement package are available.
4. When additional materials associated with a solicitation (for example, samples or protected documents) are being sent directly to suppliers, the originating PWGSC office is responsible for selecting an appropriate method to ensure that this documentation or material is sent to each supplier that requests a solicitation.
5. If technical data must be sent to suppliers from a different source, for example, distributed by the client department), the solicitation should not be posted until the data is available from that source. The solicitation must identify the source.
6. Suppliers are responsible for obtaining copies of the necessary technical data if they are available to the trade through normal business channels.

1. On occasion, based on commodity/market knowledge, a contracting officer may conclude that suppliers of a good or service will not see or respond to a solicitation if it appears only on the GETS. In such cases, in order to stimulate effective competition and seek best value for Canadian taxpayers, the contracting officer may contact all such known suppliers to inform them that the solicitation opportunity has been posted.
2. This contact must only take place after the Notice of Proposed Procurement has appeared on the GETS, and it should take place as quickly as possible so that the suppliers contacted do not lose time. To ensure that there will be no question of preferential treatment, this communication should be in writing so that it can be shown that all suppliers had access to the same information at the same time.
3. The specific purpose of this contact is to ensure that the suppliers know that there is an opportunity available and to direct them to GETS. For that reason, the contact will be limited to giving brief information about the good or service being procured and to providing the appropriate reference (one or more of reference number, Source ID and solicitation number). It must not include any information that will not be available to suppliers who find out about the opportunity directly through GETS.
4. Contracting officers must document on the file, the date and name of each supplier that was contacted. The recommended method of notification is the provision of a copy of the NPP.

1. When procurement is not going to be advertised on GETS, the contracting officer must ensure the distribution of solicitations to invited suppliers.
2. For requirements not subject to public advertising, the list of suppliers being invited must be released automatically to all suppliers on that list at the time of solicitation. Lists should be updated as new suppliers request the solicitation.
3. When the client department is responsible for distributing additional technical documentation that may accompany the solicitation, the contracting officer must forward the name and address of the invited suppliers to the client department. Client departments should be requested to document that the technical material was distributed to the appropriate recipients.
4. When dealing with sensitive (designated/classified) requirements, the source list or solicitation and contract information are not generally released. Requests for the List of Suppliers should be referred to the Access to Information and Privacy Office at 819-956-1820.

1. To ensure the integrity of the competitive solicitation process, enquiries and other communications, regarding the solicitation, must be directed only to the contracting officer that is identified in the solicitation, not to the client department, or other government officials. See Standard Acquisition Clauses and Conditions Manual standard instructions and clause A0012T.
2. Contracting officers should avoid one-on-one contact or meetings with suppliers during the solicitation period. All communications should be in writing, to the extent possible.

1. Questions from suppliers should be submitted in writing to the contracting officer before the date indicated in the solicitation document.
2. Simple questions where the answer does not affect other suppliers and how they will respond to the solicitation, may be answered directly to the supplier asking the question.
3. More complex questions or questions concerning the requirement itself should be forwarded to the client department for response back to the contracting officer. Technical questions and answers, together with questions and answers that can be addressed by the contracting officer, should be accumulated and posted as an addendum/amendment to the solicitation, in the case of public advertisement, or issued directly as an addendum/amendment to the suppliers. When posting questions during the solicitation period, care should be taken to protect the identity of the supplier asking the question(s).
4. Changes to the solicitation itself, to reflect clarifications resulting from the questions, including extensions to the solicitation period, if granted, must be released as an amendment to the solicitation.
5. It is the responsibility of the bidder to monitor the Government Electronic Tendering Service (GETS) for any updates or amendments to the solicitation notices.

1. Any significant change in the information provided in the Notice of Proposed Procurement (NPP) or solicitation documents before the solicitation closing date, requires an amendment to the NPP and/or solicitation document. All amendments must be given the same circulation as the original NPP and/or solicitation documents.
2. Contracting officers must ensure that the amendments to the NPP and/or solicitation documents are complete. The supplier may then view the actual solicitation amendment document on GETS and/or download it electronically. The update will then form part of the solicitation document.
3. When a solicitation document is cancelled and reissued, a new NPP must be submitted for posting on GETS.
4. Any significant information given to one supplier with respect to a proposed procurement must be given to all other interested suppliers in adequate time to permit the suppliers to consider such information and respond to the solicitation. In providing this information, contracting officers must take into consideration the time required to post amendments on GETS.
5. If there is insufficient time to ensure that all suppliers can consider the information and respond accordingly, contracting officers may consider extending the solicitation period or cancelling and reissuing the solicitation.
6. The contracting officer must inform the Bid Receiving Unit (BRU) of any change to solicitation closing dates or times and must ensure that such notification has been received by the BRU.
7. A decision to extend the solicitation period beyond the initially established closing date is a business decision that can be made by the contracting officer, based on the circumstances of the particular procurement. It may be possible to process an extension of the bidding period in a relatively short time frame (more or less 24 hours) when the solicitation of bids has been done using source lists or when the publicly advertised procurement is posted on GETS.

1. For general information on doing business with the federal government, contracting officers should direct suppliers to Buyandsell.gc.ca.
2. Suppliers interested in doing business with the federal government are encouraged to register in the Supplier Registration Information system to be assigned a Procurement Business Number (PBN).
3. Suppliers are encouraged to check the Government Electronic Tendering Service (GETS) to search for government procurement opportunities.
   For general procurement enquiries, suppliers should contact the InfoLine at 1-800-811-1148.
4. Questions about a particular solicitation must be addressed to the contracting officer identified in the solicitation.

1. For all competitive solicitations, the solicitation closing date and time stipulated in the solicitation are firm. It is the responsibility of suppliers to ensure that the bid, offer or arrangement, as applicable, is delivered on time to the Bid Receiving Unit or to the contracting officer that is specified in the solicitation. The only acceptable evidence to show timely receipt of the bid, offer or arrangement, as applicable, is the receipt issued by the specified Bid Receiving Unit.
   1. The only pieces of evidence relating to a delay in the Canada Post Corporation (CPC) system that are acceptable to PWGSC are:
      1. a CPC cancellation date stamp;
      2. a CPC Priority Courier bill of lading;
      3. a CPC Xpresspost label;

      that clearly indicates that the bid, offer or arrangement was sent before the solicitation closing date.

   2. The only piece of evidence relating to a delay in the CPC Connect service provided by the CPC system that is acceptable to PWGSC is a CPC Connect service date and time record indicated in the CPC Connect conversation history that clearly indicates that the bid was sent before the solicitation closing date and time.
2. For all competitive solicitations, late bids, offers or arrangements, submitted using means other than the Canada Post Corporation's Connect service or other electronic delivery methods, are to be returned unless they qualify as delayed bids or offers or arrangements.
3. For all competitive solicitations, bids, offers or arrangements (as applicable) submitted using Canada Post Corporation's Connect service, conversations initiated by Bid Receiving Units via the CPC Connect service pertaining to a late bid, offer or arrangement (as applicable), will be deleted. Records will be kept documenting the transaction history of all late bids, offers, and arrangements submitted using CPC Connect service.
4. Contracting officers should consult the Standard Acquisition Clauses and Conditions Manual's applicable standard instructions.

1. Contracting officers should consult the applicable SACC Manual standard instructions for delayed bids/offers/arrangements.
2. However, when dealing with bids submissions for construction contracts, contracting officers should refer to section 9.10.15 Construction Services.

1. Contracting officers should consult the applicable SACC Manual standard instructions on transmission by facsimile for bids/offers/arrangements.
2. To ensure that official receipt time-keeping equipment represents the correct time, the specified Bid Receiving Unit must calibrate this equipment and other official time pieces against the official National Research Council (NRC) time standard, at least once every two working days.
   The NRC time standard can be checked 24 hours a day at 613-745-1576 (English) or 613-745-9426 (French).

1. The specified Bid Receiving Unit (BRU) will follow the instructions given by the contracting officer regarding security of bids/offers/arrangements.
2. If a bid/offer/arrangement is marked as "protected", "confidential", "secret" or "top secret", the government procedures for the transmittal of "Protected/Classified" information or assets must be followed. All bids/offers/arrangements and other information or assets concerning a sensitive bid/offer/arrangement must be hand-delivered to the contracting officer that originated the solicitation, and a receipt must be obtained.
3. Information about security procedures is available on the Contract Security Program’s website.

1. When bids are opened publicly, the paper version bids are removed from the secure locked location, transported to the place of public opening and all bids (paper and electronic version) received will be opened in the presence of a witness. The name and address of each bidder and the amount of each bid are read out.
2. If there are multi-items listed in the bid but there is no total bid price, the bid price on each item is read out. It is also confirmed that bid security (if required) is included in the bid.

1. Written bids (quotations) submitted in response to a Request for Quotations, which are sent directly to the contracting officer, will be declared non-responsive if received after the closing date and time, regardless of the date of mailing.
2. To ensure that all responsive quotations are considered and to accommodate internal mail delivery schedules, contracting officers may need to delay the award of a purchase order until after delivery of the first morning mail on the day following the closing date.
3. Quotations must be signed and dated by the contracting officer upon receipt. Sectors/regions must ensure that the receipt, custody and handling of quotations submitted directly to the contracting officer are conducted in a manner that reflects the principle of fairness to all suppliers.