Compliance with the Ineligibility and Suspension Policy Clauses

Compliance with the Ineligibility and Suspension Policy clauses means meeting the obligations set out in the Government of Canada's contractual clauses that incorporate the Ineligibility and Suspension Policy and its related directives. These clauses appear in applicable solicitations, resulting contracts and real-property agreements. They require suppliers to certify their compliance and allow Canada to determine whether a supplier is ineligible or suspended from doing business with the government.

The policy is administered by the Office of Supplier Integrity and Compliance (OSIC) at Public Services and Procurement Canada. Federal departments and agencies that apply the policy must include the clauses in each applicable procurement instrument, as described on the Ineligibility and Suspension clauses page.

How the clauses make the policy binding

The procurement-contract clauses make the policy and related directives in effect on the solicitation date a binding part of the solicitation. The offeror must comply with them and acknowledge that it has read and understands the policy. It must also acknowledge that certain circumstances can lead to ineligibility or suspension. The full wording is on the procurement contracts clauses page.

The same approach applies outside standard purchasing. The policy covers real-property transactions, and the relevant clauses make the policy and directives binding parts of those agreements. See the real-property transactions clauses.

Certification and the Integrity Declaration Form

By submitting an offer, the offeror certifies that it complies with the Ineligibility and Suspension Policy. A supplier that cannot provide the required certifications must submit an Integrity Declaration Form. The CanadaBuys certifications guidance sets out this requirement for buyers building solicitations.

Under the clauses, Canada may also request additional information, certifications and validations from the offeror or from a third party. Suppliers accept this when they submit an offer.

Names, affiliates and first-tier subcontractors

The policy can require information about the supplier, its affiliates and its proposed first-tier subcontractors. Suppliers provide names for verification, and Canada verifies them before awarding contracts or real-property agreements subject to the policy. A supplier cannot subcontract work under a Canadian federal contract to an ineligible or suspended first-tier subcontractor. These points are covered in the policy clarifications.

Reporting deadlines and consequences

Compliance continues after the bid is submitted. During evaluation, changes affecting the submitted list of names must generally be reported within 10 business days. After award, relevant charges, convictions, circumstances or changes to the list must be reported within 22 working days, according to the policy clarifications.

The consequences are significant. Under the Ineligibility and Suspension Policy, a supplier may be suspended from participating in, entering into or being awarded procurements, standing offers, supply arrangements, contracts and other instruments with Canada.

What this means for a supplier bidding on Canadian public contracts

Treat the clauses as a condition of every applicable federal bid. Read the policy and directives in effect on the solicitation date, because they form part of the solicitation. Confirm that you can give the required certifications, or prepare an Integrity Declaration Form. Keep an accurate list of the names of your company, affiliates and first-tier subcontractors, and put a process in place to report changes within the stated deadlines. Check subcontractors before you name them in an offer.