Providing a false or misleading certification or declaration
Suppliers are responsible for ensuring the veracity, accuracy and completeness of any certifications and declarations they provide in compliance with the Ineligibility and Suspension Policy. If a supplier provides a false or misleading certification or declaration, the Registrar may take action under the policy.
Supplier due diligence
Public Services and Procurement Canada (PSPC) expects a supplier to undertake due diligence as a part of its business processes when providing its certifications and any declarations, including confirmation that:
- the circumstances that may lead to a declaration of ineligibility or suspension as listed in Appendix 2 of the policy do not apply to them, their affiliates or their proposed first-tier subcontractors
- and that they, their affiliates and their proposed first-tier subcontractors do not appear on the ineligible and suspended suppliers list
If a supplier is unsure or unable to confirm the information above, the supplier must submit an Integrity declaration form.
A supplier is required to provide certifications and any declarations with each bid or offer. This means that a supplier must do so regardless of whether it has submitted a separate bid or offer, or is involved in an ongoing determination of ineligibility related to a separate bid solicitation or real property agreement.
When undertaking its due diligence, a supplier may wish to document the steps it took to verify the existence of charges or convictions, and continued monitoring during the course of a contract or real property agreement. A supplier should also consider documenting any measures taken when it first learns of adverse information.
Suppliers are encouraged to Contact the Office of Supplier Integrity and Compliance (OSIC) regarding any uncertainty with respect to their responsibilities.
Reviewing the circumstances of a false or misleading certification or declaration and engaging suppliers
A false or misleading certification or declaration can include, but is not limited to, instances where a supplier:
- fails to declare applicable information
- provides inaccurate information
- provides incomplete information
In making a determination of ineligibility on the basis of a false or misleading certification or declaration, PSPC will consider any and all information that, in its judgment, is authentic and relevant.
Where PSPC considers that a supplier may have provided a false or misleading certification or declaration, it will request information from the supplier that it considers relevant to making its determination. PSPC will issue a notice to the supplier detailing the requirements.
When engaging a supplier, PSPC will provide the supplier with the opportunity to present evidence and written submissions, demonstrating the circumstances of its certifications or declarations.
PSPC will consider any information provided by a supplier to assess whether the supplier undertook expected due diligence. Recognizing that a supplier is responsible for understanding and meeting all requirements when submitting a bid or offer, PSPC will not accept an ignorance of requirements as a reason for failing to declare accurate and complete information.
Notifying suppliers
Where PSPC concludes that circumstances exist that result in the ineligibility of a supplier, PSPC will issue the supplier a Notice of Ineligibility.