Criminal Code The Financial Administration Act And The Trade Agreements
12.5.1 The Criminal Code of Canada, Section 748, Sub-Section 3 prohibits anyone who has been convicted of an offence under:
- Section 121, Frauds upon the Government
- Section 124, Selling or Purchasing Office or
- Section 418, Selling Defective Stores to Her Majesty,
from holding public office, contracting with the government or receiving a benefit from a government contract, unless the Governor in Council has restored these capabilities to the individual or the individual has received a pardon.
12.5.2 As stated in article 4.2, Related requirements, contracts are subject to the screening requirements of the Security Policy of the Government of Canada. The contracting authority is responsible for ensuring compliance. Contract administrators, therefore, must ensure that any necessary security clearances and/or reliability checks are carried out so that contractors and their employees, where applicable, are acceptable under the policy .
12.5.3 As required by the Prime Ministers Conflict of Interest and Post Employment Code for Public Office Holders, September 1985, contracting authorities are to ensure that all requirements are met. These include inserting clauses, approved by Treasury Board, into every contract entered into by the Crown. They are contained in Appendix G.
Top 100 Contractors Of The Us Federal Government
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The Top 100 Contractors Report is a list developed annually by the U.S. General Services Administration as part of its tracking of U.S. federal government procurement.
In fiscal year 2005, the federal government aimed to source 23% of all subcontracts from small businesses with guidance from the Small Business Administration. The federal government was unable to meet this goal in 8 years until FY2013 when it subcontracted over $83 billion from small businesses.
Fiscal year 2015 marked several historic achievements the federal government exceeded their overall goal of 23% by 2.75% resulting in $90.7 billion dollars awarded to small businesses, 5.05% of which went to women-owned small business , meeting the goal for the first time since it was implemented in 1996.
North American Free Trade Agreement
8.6.1 Canada has agreed to apply the provisions of NAFTA, which is a multilateral agreement to reduce trade barriers between Canada, the United States of America and the Federal Republic of Mexico. Chapter 10 of NAFTA aims to achieve greater competition and transparency in government procurement, and to eliminate both protection of domestic products or suppliers, and discrimination among foreign products or suppliers.
8.6.2 Preferential treatment policies may only be applied to procurement before the applicable thresholds or if the particular procurement is excluded, excepted, a derogation or a set-aside from the trade agreements.
8.6.3 Deleted.
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Bid Protests: What They Are And How They Work
If any actual or prospective bidder who has a direct economic interest in the project believes that the bidding process failed to properly conform to the federal contracting laws, that bidder may submit a protest of the award. Bid protests are incredibly common. Over the course of a year, the Government Accountability Office resolves over 1,500 bid protests.
If you wish to file a bid protest, you must file a timely protest letter with the contracting officer. The letter should contain a detailed statement of the legal and factual grounds for the protest and should explain how your business was harmed by the contract not being awarded. If the contracting officer is unable to resolve the complaint, then the complaint should be filed with the Government Accountability Office. Due to the legal and technical nature of filing a bid protest, it is highly recommended that bidders planning to file a protest should seek legal counsel.
If your company has won a contract, you will be notified of a bid protest, and the contract will likely be put on hold until the protest can be resolved. In many cases, bid protests will be resolved very quickly. In other cases, bid protests may become tied up in the administrative courts system and take months if not years to resolve.
Take Advantage Of Your Uniqueness
No matter where you look at the business industry, there are still businesses that are way ahead of you. They may have more resources, employees and customers, but that does not mean they are suitable for federal business opportunities. As a small business, you may offer something more attractive than the big companies have. Maybe your business can accommodate the governments need, produce a product or service on short notice, or perhaps you can give more than what the contracts have.
You do not need to be worried about dealing with large companies on bidding government contract opportunities. All you need to do is to take advantage of your uniqueness to compete. Also, lucrative contracts are designated for small, women-owned, minority-owned, veteran-owned, and businesses with socio-economic status. So, if your business belongs to one of these categories, then surely the government and procurement officers would like to work with you.
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Small Business Preference In Federal Contracting
Under the Small Businesses Administration , the federal government has enacted several programs to help small businesses break into the federal contracting market. The SBA has created several programs that create a preference for businesses meeting specific eligibility criteria either based on ownership of disadvantaged people or geography. These programs are designed for set-aside contracts that do not go through the competitive contracting process. Rather, these contracts are sole-source contracts designed to fill specific federal government needs. Specifically, small contracts ranging between $3,500 and $150,000 are set aside for certain small businesses.
The SBAs 8 preference category seeks to assist small businesses owned by socially and economically disadvantaged individuals successfully bid for federal contracts. To be eligible for 8 preference, the small business must be owned by a socially and economically disadvantaged individual. Proof of disadvantage is required for eligibility and the business owners must demonstrate good character and potential for success.
The HUBZone preference category helps small businesses located in economically disadvantaged regions mapped by the SBA. The HUBZone Maps can be found on the SBAs website. While many of the HUBZone regions are economically depressed rural areas, some economically depressed urban areas are also included.
I: Basic Contracting Limits
Entry into a contract or contractual arrangement must be approved by the Treasury Board if the amount payable, including all applicable taxes, fees and amendments, exceeds the stated monetary limit for the contracting authority identified in the basic limits schedules.
When an exceptional limit for a specified program is lower than the basic limit for its corresponding schedule, the lower exceptional limit applies.
Schedule 1: construction
- Competitive construction contract: up to $11,500,000
- Competitive architectural and engineering contract up to $1,850,000
- Non-competitive architectural and engineering services contract up to $150,000
- For housing and detachment projects:
- competitive construction contract up to $23,000,000
- competitive architectural and engineering services contract up to $3,700,000
Until March 31, 2025, the Minister responsible for Shared Services Canada may enter into and amend non-competitive contracts for up to $22.5 million to support IT operations for the GC where IP rights of the supplier prevent the contract from being competed.
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Understand The Different Solicitation Types
The federal government puts out many forms of procurement and project to the market. Before you write your proposal, I advice you to identify each solicitation type and why the government issues them. Here are a few examples.
A. Request for information
RFI is a method that government agencies use to review a company in response to a government solicitation and determine what products or services are available to remedy an issue. An RFI allows the contracting officer to investigate the various company available to meet their requirements.
B. Request for proposal
The framework and specifications for government solicitations are outlined in an RFP. In response to technical validation purposes, interested companies are asked to reply to an RFP and explain how their product or service would fit the governmentâs needs.
When writing and developing a reply to an RFP, keep in mind that the federal receives responses from many companies, so youâll need to create a simple proposal writing and set out precisely what you have to offer in terms of expertise.
The process of responding to an RFP is often regarded as a formal request, which means the information you present on your proposal content about your solution or services must be highly complete and exact.
More information about RFP down below can be found.
C. Request for quote
Contracting For The Provision Of Energy Services
16.17.1 The procurement of electricity or natural gas is considered a service procurement.
16.17.2 Departments must meet energy needs in accordance with the federal or provincial jurisdiction of the requirement as applicable. Regulation of energy utilities ranges from fully regulated, partially deregulated to fully deregulated. The nature of the regulation will govern the procurement arrangements.
16.17.3 Departments may enter into contracts based on the authority and conditions contained in the Treasury Board Contracts Directive, Part II, Exceptional Contracting Limits, Section 1 .
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Types Of Federal Government Contract Jobs
Posted: Jan 06, 2021 · Whether the government is your employer or customer, federal government contract jobs can be challenging, rewarding and lucrative. Coordinating business relationships between government agencies and outside contractors can be intricate and regulated work, which is why skilled and certified contract managers are often in demand for a variety of
Investigate The Results Of Previous Bids
Make sure everything in your proposal is correct, and be prepared to answer queries. Check that youâve addressed every requirement in the RFP, RFQ, or RFI before submitting your proposal, bid, or quote. Then double-check that youâve followed all of the submission processâs rules.
This article gave enough knowledge on how to write a winning proposal. If you want to know more about how to win contracts and the benefits of government contracting, read the following:
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Iii: Emergency Contracting Limit
How To Become Qualified To Bid On Government Contracts
The U.S. government spends hundreds of millions of dollars each year on contracts with private companies. In fact, Uncle Sam is the country’s largest purchaser of goods and services. You must register your business with the U.S. government’s centralized contractor database to submit qualified bids to compete for government contracts.
1
Register with the IRS for an employer identification number. You can register for an EIN online at no cost and receive your EIN immediately. The EIN is sometimes referred to as a tax identification number, or TIN.
2
Register with Dun and Bradstreet for a DUNS number. This is a unique business identification number widely used in commerce and required for bidding on federal contracts. Registration is by phone and is free. You will receive your DUNS number immediately.
3
Visit the Central Contractor Registration website. Click “Start New Registration” to begin the registration process.
4
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Provide details of your business, including your EIN and DUNS numbers. You must also provide your NAICS industry classification code. If you do not know your NAICS code, you can find it using the online tools at the CCR website by entering keywords that describe your business. Click “Validate/Save Data” to save your information and complete the registration.
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Determine Your Naics Code
NAICSthe North American Industry Classification Systemclassifies businesses to collect data related to the U.S. economy. Youll need a NAICS code to register your business and to apply for certain federal contracts. For more information about NAICS codes, check out guidance from the Small Business Administration .
Moving Through The Bidding Process And Winning The Bid
In general, the bid process is a lengthy procedure and is not accomplished merely by submitting a bid and getting either approval or disapproval. After you submit your bid proposal, the government will begin reviewing your bid. Any proposals that are unreasonable or are not within the governments budget will likely be rejected. The remaining bids will comprise the pool of possible contracts, from which the government will select a winner through negotiation of the bids.
During the bid negotiation process, the government is required to treat each bid fairly and impartially. The reality of the negotiation process, however, is that treating a bid fairly does not mean treating each bid equally. The federal government must select the best value proposal yet, it has free reign to ask bidders to modify their proposals to meet specific requirements such as cost or technical specifications. The government is not required to ask every bidder to make the same adjustments to their proposals, however. That said, there is a fine line between fair play negotiating and not being impartial.
In general, a company will know it has won the bid when the contract is signed. Communications indicating that a company will win the bidding process or that the process is ongoing are not reasons to celebrate, as the government can choose to award the contract to another bidder at any time. If your business wins the bid, signing the contract confirms that you were in fact the best value bidder.
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Transportation Bids For Government Contracts And Rfp
Posted: Transportation Bids and Contracts. Time for your business to take off and explore new horizons? GovernmentBids.com is the perfect place to start, highlighting more than 51,100 opportunities last year! Whether the opportunities you seek are for air, ground or marine travel-related products and services, you’re sure to find them here.
Establish A Contractor And Government Entity Code
A CAGE code is another unique identifier for your business that is designed to be publicly available and has been required to do business with the federal government since 2014. These codes allow the government visibility into company ownership and contracting activity through various payment systems. If you are not yet a government contractor and need to apply for a CAGE code, you may do so through the Defense Logistics Agencys website.
After you have completed the steps above, you are ready to complete your SAM registration. It is recommended to consult an expert before attesting to FAR and DFAR requirements. Inaccuracies or inconsistencies can be construed as making false claims to the government which is a felony.
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Standing Offers And Supply Arrangements
Standing offers and supply arrangements are two types of non-binding agreements between the federal government and potential suppliers of specified goods or services. These agreements outline the terms and conditions that will apply to future requirements to be ordered on an as and when required basis.
Dynamic Small Business Search
The Small Business Administration maintains the DSBS, a free-to-use website that allows government buyers to view a list of federal contracts specifically designated for small businesses. Each year, around a quarter of all federal contracts, are reserved for small enterprises. But for your business to be considered small, it must meet the following qualifications:
- It must be a for-profit organization.
- The company must be independently owned and controlled.
- For its particular product or service, the corporation cannot have a national monopoly and
- The company must have an office space situated in the United States or one of its territories and conduct business there.
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Policy On Use Of Letter Of Credit
3.1 A letter of credit which is issued by a financial institution which is a member of the Canadian Payments Association, may be accepted by a contracting authority either to provide an incentive for entry into or performance of a contract, or to provide a source of funds to mitigate damages if the successful bidder fails to enter into or perform the contract.
3.2 An irrevocable letter of credit which is issued by a financial institution which is not a member of the Canadian Payments Association is acceptable provided it is confirmed by a financial institution that is a member of the Canadian Payments Association and is otherwise in compliance with this policy.
3.3 A revocable letter of credit is one that may be amended or cancelled by the Issuer at any moment and without prior notice to the Crown as beneficiary. The Crown shall only accept letters of credit that clearly specify that they areirrevocable or are deemed to be irrevocable pursuant to article 6 c) of the UCP.
3.4 A letter of credit described in this section may be accepted as an alternative to bid or contract security for all contracts.
3.5 A letter of credit shall:
