4.45. Certifications and additional information

Attention! As the transition to CanadaBuys is ongoing, Supply Manual references to ABE are to be interpreted as a generic system reference only. Users of the SAP Ariba environment should adapt their activities accordingly.

Buyers are advised to consult the tools available on CanadaBuys for guidance and procedures on completing procurement transactions in the SAP Ariba environment.

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A requirement for certifications must be included in all solicitation documents. Suppliers must provide the required certifications to be awarded a contract or issued a standing offer or supply arrangement. Canada will declare the bid non-responsive if the required certifications are not completed and submitted as requested. Compliance with the certifications provided to Canada is subject to verification:

• during the evaluation period (before award of a contract, or issuance of a standing offer or supply arrangement), or
• after award of a contract, or issuance of a standing offer or supply arrangement, during the entire period of the contract, standing offer or supply arrangement.

Non-compliance with certification will or may lead to the termination of a contract.

In some cases, certifications are required as a precedent to contract award or the issuance of a standing offer or supply arrangement. In other cases, the certifications are required at solicitation closing. Some common certifications are provided below.

1. Federal Contractors Program for Employment Equity (See 5.5.5 Certifications, declarations and proofs)
   1. The Federal Contractors Program (FCP) for employment equity is a program administered by Employment and Social Development Canada (ESDC) – Labour Program. The FCP is intended to address employment disadvantages for four designated groups: women, Aboriginal peoples, persons with disabilities and members of visible minorities. Its goal is to achieve equality so that no person is denied employment opportunities for reasons unrelated to ability.
   2. Public Works and Government Services Canada (PWGSC) is to request and obtain from the bidder or offeror, the necessary evidence of compliance with the FCP in its procurement, in order to comply with the Employment Equity Act.
   3. The FCP requires that bidders subject to the FCP, including a bidder who is a member of a joint venture, bidding for federal government contracts, certify that they have not been declared non-compliant with the FCP by ESDC-Labour Program and to make a formal commitment to implement employment equity. Consult Annex 5.1 Federal Contractors Program for Employment Equity for more information.
2. Canadian content (See 5.5.5 Certifications, declarations and proofs)
   1. When the Canadian Content Policy applies to a requirement, the appropriate SACC Manual Canadian content certification clause must be included in the solicitation. These clauses describe the type of solicitation (limited, open or conditionally limited).
   2. SACC Manual clause A3050T, which defines Canadian content, must also be included in the solicitation. See Chapter 3 Procurement Strategy.
3. Price certification and rate certification (See 5.5.5 Certifications, declarations and proofs)
   1. A price certification or a rate certification is required for all negotiated firm-price and fixed-time rate contracts valued at $50,000 or more, for the acquisition of commercial or non-commercial goods and/or services.
   2. Price certification clauses:
      1. C0001T: acquisition of goods and/or services from foreign-based suppliers;
      2. C0002T: acquisition of commercial goods and/or services, other than petroleum products, from Canadian-based suppliers, other than agency and resale outlets;
      3. C0003T: acquisition of non-commercial goods and/or services from Canadian-based suppliers;
      4. C0004T: acquisition of commercial goods and/or services from Canadian agency and resale outlets, including subsidiaries of foreign-based manufacturers; and
      5. C0006T: acquisition of petroleum products.
   3. Rate certification clauses:
      1. C0600T: acquisition of commercial goods and/or services from Canadian-based suppliers; and
      2. C0601T: acquisition of non-commercial goods and/or services from Canadian-based suppliers.
4. Integrity Provisions (See 5.5.5 Certifications, declarations and proofs)
   1. Integrity Provisions must be included in all procurement instruments. All competitive solicitations must include standard instructions 2003, 2006 or 2008 and the applicable general conditions. All solicitations negotiated on a sole source basis must either include standard instructions 2004 or 2007.
   2. By submitting a bid, an offer or an arrangement, the bidder, offeror or supplier is certifying that:
      1. they have read and understand the Ineligibility and Suspension Policy;
      2. they understand that certain domestic and foreign criminal charges and convictions, and other circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
      3. they are aware that Canada may request additional information, certifications, and validations from the Bidder or a third party for the purpose of making a determination of ineligibility or suspension;
      4. they have provided with their bid, if applicable, a complete list of all foreign criminal charges and convictions pertaining to them, their affiliates and their proposed first-tier subcontractors that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy;
      5. none of the domestic criminal offences, and other circumstances, described in the Policy that will or may result in a determination of ineligibility or suspension, applies to them, their affiliates and their proposed first- tier subcontractors; and
      6. they are not aware of a determination of ineligibility or suspension issued by PWGSC that applies to them.
   3. Declaration Form: The bidder, offeror or supplier must provide a completed Declaration Form with its bid, offer or arrangement only if the following situations apply:
      1. it is unable to certify to the statements in section d.ii. above for itself, its affiliates and its proposed first tier subcontractors; or
      2. it must provide a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliate and its proposed first tier subcontractor that, to the best of its knowledge and belief, may be similar to one of the listed offences in the Policy.
   4. See section 4.21 Integrity Provisions for details.