Clauses for procurement contracts: Ineligibility and Suspension Policy

The Ineligibility and Suspension Policy is incorporated by reference to procurement contracts through the addition of Ineligibility and Suspension Policy clauses by departments and agencies that apply the policy.

Ineligibility and Suspension Policy Clauses

1.1. Ineligibility and Suspension Policy.

1. Mandatory Compliance. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date the solicitation of offers is issued, and all related Directives in effect on that date, are incorporated by reference into, and form a binding part of the solicitation of offers. The Offeror must comply with the Policy and Directives, which can be found at the Office of Supplier Integrity and Compliance website.
2. Policy Summary. The Policy sets out the circumstances under which Canada may determine that the Supplier is ineligible to enter, or is suspended from entering into a Contract with Canada. The list of ineligible and suspended Suppliers is maintained on the Office of Supplier Integrity and Compliance website.
3. Offeror Responsibilities. The Offeror must provide the following:
   1. a List of names for integrity verification that includes all information required by the Policy (section 13 – Disclosure); and
   2. if the Offeror is unable to certify all of the statements in subsection d, a completed Integrity declaration form providing all requested information and details of any material event that may affect the status of itself, its affiliates or its proposed first-tier subcontractors under the Policy.
4. Offeror Certifications. Subject to subsection e, by submitting an offer in response to this solicitation of offers, the Offeror certifies that:
   1. it has read and understands the Ineligibility and Suspension Policy;
   2. it understands that certain circumstances, as described in the Policy, will or may result in a determination of ineligibility or suspension under the Policy;
   3. it is aware that Canada may request additional information, certifications, and validations from the Offeror or a third party for the purpose of making a determination of ineligibility or suspension;
   4. none of the circumstances described in Appendix 2 of the Policy that will or may result in a determination of ineligibility or suspension, apply to itself, its affiliates or its proposed first tier subcontractors; and
   5. it is not aware of a determination of ineligibility or suspension issued by Canada that applies to it.
5. Integrity Declaration Form. Where an Offeror is unable to provide any of the certifications required by subsection d, at the time of its offer it must submit a completed Integrity declaration form.
6. Compliance with Certifications. Canada will declare non-compliant any offer in respect of which the information requested is incomplete or inaccurate, or in respect of which the information contained in a certification or declaration is found by Canada to be false or misleading in any respect. If Canada establishes after award of the Contract that the Offeror provided a false or misleading certification or declaration, Canada may terminate the Contract for default. Pursuant to the Policy, Canada may also determine the Offeror to be ineligible for award of a Contract for providing a false or misleading certification or declaration.