Integrity declaration form

An Integrity declaration form must be submitted only when:

1. the supplier, one of its affiliates^{Footnote 1} or a proposed first-tier subcontractor^{Footnote 2} has, in the past three years, been charged with or convicted of a criminal offence in a country other than Canada that, to the best of the supplier’s knowledge and belief, may be similar to one of the listed offences in the Ineligibility and Suspension Policy (the “policy”); and/or
2. the supplier is unable to provide any of the certifications required by the Integrity provisions.

Instructions for submitting an Integrity declaration form

1. Please complete the Integrity Declaration Form by providing the information requested in the table, below. Put the completed form in a sealed envelope labeled, “Protected B”, and addressed to:

   Organization:

   Departmental Oversight Branch
   Public Services and Procurement Canada

   Address:

   11 Laurier Street
   Portage Phase III Tower A 10A1 – room 105
   Gatineau QC  K1A 0S5
   Canada

2. Include the sealed envelope with your bid submission, offer or lease.

With thanks

We appreciate your interest in doing business with the Government of Canada and your understanding of the additional steps that must be taken to protect the integrity of Canada’s procurement and real property processes.

Guidance document for the Integrity declaration form

This integrity declaration form (the “form”) is for use by bidders in procurement processes and by vendors, purchasers, tenants and lessors in real property transactions. In this form, the term “supplier” includes bidders, vendors, purchasers, tenants and lessors. The term “party” is used in this form to include suppliers, affiliates and first-tier subcontractors.

The Integrity Clauses contained in instruments involved in procurement processes and real property transactions (the “Integrity Clauses”) require a supplier to submit an integrity declaration form in two circumstances:

1. when the supplier, one of its affiliates^{Footnote 1} or a proposed first-tier subcontractor^{Footnote 2} has, in the past three years, been charged with or convicted of a criminal offence in a country other than Canada that, to the best of the supplier’s knowledge and belief, may be similar to one of the listed offences in the Ineligibility and Suspension Policy (the “policy”); and
2. when the supplier is unable to provide any of the certifications required by the Integrity Clauses.

An integrity declaration form must be submitted only when one or both of these circumstances apply to the supplier. When no form is submitted, it will be understood to mean that neither of these two circumstances apply to the supplier.

A supplier that provides a false or misleading certification or declaration will have its proposal or offer deemed non-responsive. Canada may also terminate a contract or real property agreement for default in such circumstances. Moreover, further to the policy, a supplier will be ineligible for award of a contract or real property agreement for 10 years.

1. Foreign criminal offences

The policy provides, among other things, that a supplier may be ineligible for award of a contract or real property agreement when the supplier or one of its affiliates has, in the past three years, been convicted of an offence listed in the policy or of a similar offence in a foreign jurisdiction. The Integrity Clauses require a supplier to provide a complete list of all foreign criminal charges and convictions, received in the past three years, 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 domestic criminal offences listed in the policy. The domestic offences listed in the policy, including their section numbers, are identified section B of this form, under the heading Inability to Certify as to Domestic Criminal Offences and Other Circumstances. PWGSC determines whether a foreign offence and an offence listed in the policy are similar. PWGSC may seek additional information from a supplier for purposes of making this determination.

If there is more than one potentially similar foreign charge or conviction, please identify all additional charges and convictions, including all the necessary information, in a separate document under the heading Foreign Criminal Offences, to be included with this form.

2. Inability to provide a certificate

The Integrity Clauses provide that, by submitting a bid or offer, a supplier is certifying to the truth of six statements. Generally speaking, a supplier is certifying that:

1. it has read and understands the policy, including that it may be declared ineligible to enter into a contract or real property agreement with Canada in certain circumstances;
2. none of those circumstances that will or may result in the supplier being ineligible to enter, or suspended from entering, a contract or real property agreement apply to it; and
3. it has provide a complete list of all foreign criminal charges and convictions received in the past three years, 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 domestic offences listed in the policy.

When a supplier is unable to provide any of the six certifications required by the Integrity Clauses, it must complete and submit this form with its bid or offer.

A. Inability to certify as to foreign criminal charges and convictions

As noted above, the Integrity Clauses require a supplier to provide a complete list of all foreign criminal charges and convictions, received in the past three years, 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 domestic criminal offences listed in the policy.  The complete list of foreign criminal charges and convictions, if any, must be submitted using this form. By submitting a bid or offer, a supplier is certifying that it has provided a complete list of all such foreign criminal charges and convictions, if any.

If a supplier is unable to certify that it has provided the required list of all foreign criminal charges and convictions received in the past three years, it must explain why. The explanation should be provided in a separate document under the heading Inability to Certify as to Foreign Criminal Charges and Convictions, to be included with this form. PWGSC may request additional information from the supplier.

B. Inability to certify as to domestic criminal offences and other circumstances

The Integrity Clauses require a supplier to certify that, in the past three years, none of the domestic criminal offences listed in sections 6(a) to (c) of the policy, as identified in section 3.B of this form, and other circumstances described in the policy, that will or may result in a determination of ineligibility or suspension, apply to it, one of its affiliates or a proposed first-tier subcontractor. A criminal offence applies to a party where the party has been charged with, convicted of or pleaded guilty to, the offence in the past three years and has not received a pardon for the offence^{Footnote 3}. Other circumstances identified in the policy that will or may result in ineligibility or suspension include entering into a first-tier subcontract with an ineligible or suspended supplier [policy, s. 6(d)], providing a false or misleading certification or declaration [policy, s. 6(e)] and breaching a term or condition of an Administrative Agreement with PWGSC [policy, s. 7(c)].

When a criminal offence or other circumstance described in the policy, occurring in the past three years, applies to a supplier, one of its affiliates or a proposed first-tier subcontractor, the supplier must identify that offence or circumstance. By marking a box beside an offence, a supplier is acknowledging that in the past three years, the identified party, be it the supplier, an affiliate or a first-tier subcontractor, has been charged with, convicted of or pleaded guilty to, that offence. In the row titled Comments, the suppler must identify the affected party by name and specify how the particular offence it has identified applies to the named party.

C. Inability to certify as to a determination of ineligibility or suspension

The Integrity Clauses require a supplier to certify that it is not aware of a determination of ineligibility or suspension issued by PWGSC that applies to it, one of its affiliates or a proposed first-tier subcontractor. The process for determining the status of a party under the policy is described in section 16(b) of the policy. When a supplier is unable to provide this certification, it must complete this form.

Under section 15 of the policy, titled Public Interest Exception (“PIE”), a contracting authority may enter into a contract or real property agreement with an ineligible or suspended supplier in narrow circumstances if the relevant Deputy Head or equivalent considers that doing so is in the public interest. Subject to receiving a PIE, an ineligible or suspended supplier that participates in a competitive solicitation or real property transaction will be declared non-responsive [policy, s. 13(c)]. A supplier seeking a PIE in a competitive process would be unable to certify as to the absence of a determination with respect to itself.

Similarly, under section 16(e) of the policy, a supplier may seek, in advance, the written consent of the relevant Deputy Head or equivalent to propose an ineligible or suspended first-tier subcontractor in a competitive process. Such request should be made through the named contracting or real property authority. A supplier that has obtained, in advance, written consent to use an ineligible or suspended first-tier subcontractor would be unable to certify as to the absence of a determination with respect to the subcontractor.

It should be noted, however, that a Deputy Head or equivalent cannot provide consent to contract with a supplier that has lost its capacity to contract with Canada, further to subsection 750(3) of the Criminal Code. Similarly, consent cannot be provided for a supplier to enter into a first-tier subcontract with a subcontractor that has lost its capacity to receive any benefit under a contract between Canada and any other person, further to subsection 750(3) of the Criminal Code.

When a supplier is aware of a determination of ineligibility or suspension with respect to itself, one of its affiliates or a proposed first-tier subcontractor it should explain the circumstances of its participation in the competitive process. If the supplier is seeking a PIE, it should explain why it is in the public interest to be awarded the contract. With respect to an ineligible or suspended subcontractor, the supplier should include a copy of the written consent to propose the ineligible or suspended subcontractor.

When a supplier is otherwise unable to certify that it is unaware of a determination of ineligibility or suspension with respect to itself, one of its affiliates or a proposed first-tier subcontractor it must explain why.

All required explanations should be provided in a separate document under the heading Inability to Certify as to a Determination of Ineligibility or Suspension, to be included with this form. PWGSC may request additional information from the supplier.