Information Bulletin: False or misleading certification or declaration

Effective date

This information bulletin is effective February 23, 2017.

Context

The Ineligibility and Suspension Policy enables Public Works and Government Services Canada (PWGSC) to issue information bulletins associated with the Policy to provide greater clarity for informational purposes only.

Certifications and declarations provided in relation to the Policy

The Information bulletin: Required information to submit with a bid or offer outlines the certifications and declarations that a supplier is or may be required to provide when submitting a bid or offer in response to a bid solicitation or real property transaction, or when participating in a procurement process or real property transaction where no bid or offer will be submitted.

Suppliers are encouraged to review this information bulletin, and are required to read the Policy to ensure an understanding of all responsibilities thereunder.

Circumstances leading to a determination of ineligibility

By submitting a bid or offer, a supplier certifies that it, its affiliates and its proposed first-tier subcontractors are compliant with the Integrity Clauses and the Policy. Where a supplier is not able to provide one or more of the certifications, it is required to submit an Integrity Declaration Form.

Paragraph 6(e) of the Policy stipulates that PWGSC will determine a supplier to be ineligible if:

In the opinion of PWGSC, the supplier has provided a false or misleading certification or declaration to PWGSC in relation to the Policy.

Supplier due diligence

A supplier is responsible for ensuring the veracity, accuracy and completeness of its certifications and any declarations.

As such, PWGSC expects a supplier to undertake due diligence as a part of its business processes when providing its certifications and any declarations, including confirmation that it, its affiliates and its proposed first-tier subcontractors:

• have not been charged with or convicted of one or more of the Canadian listed offences in the Policy or a similar foreign offence within the past three years
• are not on the Ineligibility and Suspension List

If a supplier is unsure whether a foreign charge or conviction is similar to one of the listed offences, or status under the Ineligibility and Suspension List, the supplier should report it by submitting 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 transaction.

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 Integrity Regime Team 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, PWGSC will consider any and all information that, in its judgment, is authentic and relevant.

Where PWGSC 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. PWGSC will issue a notice to the supplier detailing the requirements.

When engaging a supplier, PWGSC will provide the supplier with the opportunity to present evidence and written submissions, demonstrating the circumstances of its certifications or declarations.

PWGSC 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, PWGSC will not accept an ignorance of requirements as a reason for failing to declare accurate and complete information.

Notifying suppliers

Where PWGSC concludes that circumstances exist that result in the ineligibility of a supplier, PWGSC will issue the supplier a Notice of Ineligibility.

How to contact us

If you have questions, please contact the Integrity Regime team:

Toll free:

1-844-705-2084

Email:

PWGSC.O.integrity-TPSGC.O.integrite@pwgsc-tpsgc.gc.ca