Clauses for real property agreements: Ineligibility and Suspension Policy

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

On this page

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

Solicitation

1. The Ineligibility and Suspension Policy (the "Policy") and all Directives in effect on the date the [Invitation to Offer] is issued, are incorporated by reference into, and form a binding part of, the [Irrevocable Offer to Lease]. The [Offeror] must comply with the Policy and Directives, which can be found on the Office of Supplier Integrity and Compliance website.
2. Any material event, listed in Appendix 2 of the Policy will or may result in a determination by Canada that a supplier is ineligible to enter, or is suspended from entering into any contract or real property agreement with Canada and will be placed on Canada’s list of ineligible and suspended suppliers maintained on the Office of Supplier Integrity and Compliance website.
3. In addition to all other information required by the [real property agreement], an [Offeror] must provide the following:
   1. a List of names for integrity verification integrity verification that includes all information required by the Policy (section 13) and
   2. if it is unable to certify all of the statements in paragraph 4(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. Subject to subsection 5, by submitting an [Irrevocable Offer to Lease] in response to this [Invitation to Offer], an [Offeror] certifies that:
   1. It has read and understands the Ineligibility and Suspension Policy;
   2. It understands that certain circumstances, as described in Appendix 2 of 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 proving identity, ineligibility to contract, and/or enter into a contract or real property agreement with Canada;
   4. None of the material events listed in Appendix 2 of the Policy and other circumstances, described in 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;
   5. It is not aware of a determination of ineligibility or suspension issued by Canada that applies to it; and
   6. It has taken reasonable steps to guard against the use of forced labour within it supply chain.
5. Where an [Offeror] is unable to provide all of the certifications required by subsection [4], or is required to provide information under paragraph 3(b) at the time of its offer, it must submit a completed Integrity declaration form.
6. Canada may declare an [offer] non-compliant 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 [Lease] that the [Offeror] provided a false or misleading certification or declaration, Canada may terminate the [Lease] for default. Pursuant to the Policy, Canada may also determine the [Offeror] to be ineligible for award of a [Lease] for providing a false or misleading certification or declaration.

Real property agreement (non-competitive)

The Ineligibility and Suspension Policy (the "Policy") and all Directives in effect on the date this [Lease] comes into force, are incorporated by reference into, and form a binding part of, the [Lease]. The [Lessor] must comply with the provisions of the Policy and Directives, which are found on the Office of Supplier Integrity and Compliance website.

During the Term of the Lease this includes a continuing obligation to provide, in accordance with section 13 of the Policy, written notice to Public Works and Government Services Canada of any:

• Change to the information provided with the lease offer;
• New charge with respect to itself; and/or
• New conviction or other circumstance with respect to itself, its affiliates, and its first-tier subcontractors.

Real property agreement (competitive)

The Ineligibility and Suspension Policy (the "Policy") and all Directives incorporated by reference into the [Invitation to Offer] on its closing date are incorporated by reference into, and form a binding part of, the [Lease]. The [Lessor] must comply with the provisions of the Policy and Directives, which are found on the Office of Supplier Integrity and Compliance website.

During the Term of the Lease this includes continuing obligations to provide, in accordance with section 13 of the Policy, written notice to Public Works and Government Services Canada of any:

• Change to the information provided with the lease offer;
• New charge with respect to itself; and/or
• New conviction or other circumstance with respect to itself, its affiliates, and its first-tier subcontractors.

Real property-specific inquiries

For all inquiries on the application of the Ineligibility and Suspension Policy clauses for real property agreements, please contact the Real Property Branch at: tpsgc.dgbiintegrite-rpbintegrity.pwgsc@tpsgc-pwgsc.gc.ca.

From: Public Services and Procurement Canada