Distribution of solicitation material to invited suppliers

Distribution of solicitation material to invited suppliers is the contracting officer's responsibility to ensure that solicitation documents are delivered to the suppliers invited to bid. It appears as section 4.75.40 of the Government of Canada procurement procedure document PN-48R2, and it applies when a procurement is not advertised on GETS, the Government Electronic Tender Service now associated with CanadaBuys.

In practice, the requirement covers the bid documents themselves and any additional technical documentation that accompanies them. Where a client department sends that technical material, the contracting officer must give the department the names and addresses of the invited suppliers and ask for documentation confirming that the material went to the appropriate recipients. The procedure is set out in PN-48R2.

What section 4.75.40 of PN-48R2 requires

The rule is short and places the duty on one person. When a procurement is not advertised on GETS, the contracting officer must ensure that the solicitation is distributed to the invited suppliers. Because the opportunity is not posted openly, the invitation and the documents are the supplier's only way to take part, so delivery to the correct recipients is a core step in the process.

The duty belongs to the contracting officer even when other parties handle part of the material. The contracting officer remains responsible for making sure distribution has happened as intended.

Client department technical documentation

Some solicitations include technical documentation that the client department, rather than the contracting officer, distributes. PN-48R2 sets out how the two roles work together:

• The contracting officer forwards the names and addresses of the invited suppliers to the client department.
• The contracting officer requests documentation confirming that the material was sent to the appropriate recipients.
• The client department should document that the technical material was distributed to those recipients.

This creates a record showing that each invited supplier received the same set of documents. It also keeps the list of invited suppliers in the hands of the people who need it to carry out distribution.

Invited-supplier processes under supply arrangements

Invited-supplier solicitations are also used under federal supply arrangements. For the task-based services supply arrangement, a bid solicitation may be posted on CanadaBuys or emailed directly to the supplier, depending on the selection methodology. The task-based supply arrangement page also states that suppliers may not submit a proposal unless invited. A supply-arrangement holder that was not invited may request an invitation before the specified pre-closing deadline.

The Centralized Professional Services System applies a similar record-keeping expectation. Its bid solicitation preparation guidance says documentation must confirm that the appropriate suppliers received the bid solicitation and indicate when it was sent.

Sensitive and classified requirements

PN-48R2 also addresses designated or classified requirements. For these, source lists and solicitation or contract information are generally not released. Requests for supplier lists are referred to the Access to Information and Privacy Office rather than being routinely disclosed. The list of invited suppliers is therefore handled as controlled information, and distribution is limited to the suppliers who were invited.

What this means for a supplier bidding on Canadian public contracts

If you are invited to bid on a procurement that is not advertised on GETS, the solicitation material you receive is the basis for your response. Follow its bid instructions and closing date exactly. Where the invitation comes with technical documentation from a client department, confirm that you have received the complete package and tell the contracting officer promptly if anything is missing.

If you hold a supply arrangement and were not invited to a solicitation, check whether the arrangement allows you to request an invitation, and do so before the pre-closing deadline. Keep your contact details current with the contracting authority, since distribution depends on the names and addresses provided for invited suppliers. Do not expect to obtain supplier lists for sensitive or classified requirements.