CALLS FOR TENDERS IN CANADA: PRACTICAL ADVICE FOR BUSINESSES

Calls for tenders by the Government of Canada offer numerous and lucrative market opportunities, particularly in the security and defence sector. Indeed, the 2025 federal budget includes significant funding measures to protect Canada's strategic industries and strengthen its autonomy, resilience, and security, notably through the new Defence Industrial Strategy. However, the tendering process is demanding and requires a thorough understanding of procurement rules.

PRELIMINARY STEPS

Before responding to a call for tenders, it is important to understand the Contract Security Program (CSP), which aims to ensure the protection of government information and assets during the execution of contracts with security requirements. According to such program, the company, its employees, and all subcontractors wishing to participate in and bid on tenders with security requirements (in national defense or aerospace, for example) must obtain the necessary security clearance that meets the security level requirements specified in the tender documents. This process can take a few weeks or even several months.

Further, the Controlled Goods Program (CGP), linked to the Canadian Defence Production Act and the country's industrial security regulations, governs access to goods and technologies of strategic or military importance. It aims to prevent the proliferation of these goods by requiring individuals and organizations that examine, possess, or transfer them to register and comply with strict regulations, including security assessments. Failure to register can constitute an offence under federal law and may result in prosecution and penalties. For tenders and requests for proposals, CGP registration is required to access and receive documents containing information on controlled goods or technologies. Again, this process can take several months, and its implementation requires assigning an authorized person to ensure compliance.

RESPONSE TO THE CALL FOR TENDERS AND SUBSEQUENT CONTRACT

When responding to a call for tenders, it is essential to first carefully read the main client's request for proposals to fully understand its expectations, the criteria by which bids will be evaluated, and the deadlines. The company must be eligible, and its business activities must correspond precisely to the requirements of the call for tenders.

The response must be structured to precisely follow the order of information requested in the solicitation document. It is essential to complete all administrative forms and attach the required supporting documents, such as insurance certificates and attestations. The bidder must address each point of the technical, administrative, and financial requirements outlined in the solicitation document, detailing its technical solution, as well as its qualifications, certifications, and references. A detailed price offer that corresponds to the price indicated which meets the specified criteria must also be prepared. Clear and concise language is preferred to facilitate the main client's understanding of the submission.

The solicitation document contains all the terms and conditions that will be included in the subsequent contract if the offer is accepted. Therefore, all bidders are aware of the rules, obligations, and procedures to be followed to carry out the project in advance, allowing them to prepare a compliant bid tailored to the government's expectations.

Finally, the Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts primarily aims to promote the commercialization of intellectual property (IP) by contractors and to balance the rights between the contractor and the government. Generally, the contractor owns the IP resulting from public procurement, except in specific cases. However, the Government of Canada reserves a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to both new IP and integrated core IP belonging to the bidder or third parties (subcontractors). In practice, this license grants the government the right to use all the IP thus transferred as if it were the owner, but it cannot exploit it for commercial purposes, nor transfer or assign ownership of it to anyone else.

In summary, participating in a call for tenders provides access to interesting funding opportunities, but involves a complex process subject to specific requirements unique to each sector.

 To avoid any errors or omissions that could compromise your submission, it is strongly recommended that you consult an expert who can effectively guide you through the entire process.

Seize the opportunity, take up the challenge and showcase your company's expertise at the heart of national projects!