When you bid on federal contracts, you need to declare whether anyone working on your proposal or delivering the contract is a current or former public servant who might create a conflict of interest. This isn't a minor checkbox exercise. Getting it wrong can get your contract cancelled or land your company on a suspension list.
How It Works
The requirement flows from the Policy on Conflict of Interest and Post-Employment, which governs how public servants interact with private sector entities after they leave government. Here's the thing: if you've hired a former procurement officer from PSPC who was involved in awarding contracts in your sector, or if your proposal manager just left Treasury Board where they had access to confidential information, you need to disclose it.
According to the Government of Canada Supply Manual, bidders must complete this declaration for any individual who will be involved in the contract—whether they're preparing the bid, managing the project, or delivering services. The declaration asks you to identify the person, their former position, when they left government, and what role they'll play in your contract. You're not just declaring actual conflicts—potential or even perceived conflicts need to be flagged too.
Contracting authorities review these declarations before awarding contracts and assess whether the involvement of former public servants creates a problem under post-employment rules. These rules typically restrict what former officials can do for 12 months after leaving government. A former DND project manager who switches to industry, for example, might be restricted from working on contracts they were directly involved with, or from approaching their former colleagues about new business. The scope depends on their exit agreement and the specifics of their former role.
Key Considerations
- Timing matters. A former public servant who left two years ago faces different restrictions than someone who departed six months ago. The post-employment cooling-off period is usually one year, but more senior officials face longer restrictions.
- The definition of "involvement" is broader than you think. It's not just the person signing the contract or leading the project team. If someone is providing advice on your technical evaluation approach or reviewing your pricing strategy, they're involved.
- Non-disclosure has teeth. If you fail to declare and the government discovers the omission later, they can terminate the contract for default and suspend your company from future opportunities. This applies even if no actual conflict existed—the failure to disclose is itself a violation of your contract terms.
- Current public servants moonlighting is a red flag. If someone on your team is still employed in government, even part-time, that's almost certainly a problem that goes beyond simple disclosure.
Related Terms
Integrity Provisions, Code of Conduct for Procurement, Supplier Suspension, Standing Offer Agreement
Sources
- Government of Canada Supply Manual - Official federal procurement policy and procedures
- Canada Buys - Federal government procurement information portal
- Buy and Sell - Federal government tender opportunities
The best approach? Build this check into your proposal development process early. Don't wait until you're rushing to submit at the deadline to discover you need to have an uncomfortable conversation about someone's government background.