Integrity provisions – real property transactions

Note: text below enclosed by square brackets is dynamic and will vary depending on the particular circumstances

Integrity provisions – real property transactions

  • Solicitation
  • Real property agreement (non-competitive)
  • Real property agreement (competitive)

Solicitation

  1. The Ineligibility and Suspension Policy (the “Policy”) in effect on the date [real property transaction] is issued, and all Directives in effect on that date, are incorporated by reference into, and form a binding part of, the [real property transaction].  The [Offeror] must comply with the Policy and Directives, which can be found at Ineligibility and Suspension Policy.
  2. Under the Policy, charges and convictions of certain offences against a supplier, its affiliates or first-tier subcontractors, and other circumstances, will or may result in a determination by Public Services and Procurement Canada (PSPC) that the supplier is ineligible to enter, or is suspended from entering, a contract or real property agreement with Canada.  The list of ineligible and suspended suppliers is contained in PSPC’s Integrity Database.  The Policy describes how enquiries can be made regarding the ineligibility or suspension of suppliers.
  3. In addition to all other information required by the [real property transaction], a [Offeror] must provide the following:
    1. by the time stated in the Policy, all information required by the Policy described under the heading “Information to be Provided when Bidding, Contracting or Entering into a Real Property Agreement”; and
    2. with its [offer], a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its 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.  The list of foreign criminal charges and convictions must be submitted using an Integrity Declaration Form.
  4. Subject to section 5, by submitting a [offer] in response to this [real property transaction], a [Offeror] certifies that:
    1. It has read and understands the Ineligibility and Suspension Policy;
    2. It understands 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. It is aware that Canada may request additional information, certifications, and validations from the [Offeror] or a third party for purposes of making a determination of ineligibility or suspension;
    4. It has provided with its [bid/offer] a complete list of all foreign criminal charges and convictions pertaining to itself, its affiliates and its 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, apply to it, its affiliates and its proposed first-tier subcontractors; and
    6. It is not aware of a determination of ineligibility or suspension issued by PSPC that applies to it.
  5. Where a [Offeror] is unable to provide any of the certifications required by paragraph [4], it must submit with its [bid/offer] a completed Integrity Declaration Form.
  6. Canada will declare non-responsive 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 [real property agreement] that the [Offeror] provided a false or misleading certification or declaration, Canada may terminate the [real property agreement] for default. Pursuant to the Policy, Canada may also determine the [Offeror] to be ineligible for award of a [real property agreement] for providing a false or misleading certification or declaration. 

Real property agreement (non-competitive)

The Ineligibility and Suspension Policy (the “Policy”) in effect on the date this [real property agreement] comes into force, and all Directives in effect on that date, are incorporated by reference into, and form a binding part of, the [real property agreement].  The [Contractor/Lessor, etc.] must comply with the provisions of the Policy and Directives, which are available on Public Services and Procurement Canada’s Web site at Ineligibility and Suspension Policy.

Real property agreement (competitive)

The Ineligibility and Suspension Policy (the “Policy”) and all Directives incorporated by reference into the [real property transaction] on its closing date are incorporated by reference into, and form a binding part of, the [real property agreement]. The [Contractor/Lessor, etc.] must comply with the provisions of the Policy and Directives, which are available on Public Services and Procurement Canada’s Web site at Ineligibility and Suspension Policy.

Real property-specific inquiries

For all inquiries on the application of the Integrity Regime to real property transactions, please contact the Real Property Branch.

Highlights