Federal Contractors Program (FCP) Certification

Federal Contractors Program (FCP) Certification is a bidder's certification that it complies with, or is not restricted under, the Government of Canada's Federal Contractors Program for Employment Equity. In federal procurement, the bidder generally certifies that it is not named on the program's "Limited Eligibility to Bid" list. CanadaBuys identifies it as a certification that businesses may be required to provide when bidding on federal contracts.

The certification concerns employment equity. It is separate from tax compliance, Indigenous business status, security clearance and accessibility commitments, and it is not a technical product standard. Qualifying employers may also need a valid agreement to implement employment equity, and they must keep honouring that agreement after contract award.

Who administers the Federal Contractors Program

The FCP is a federal employment-equity program led and administered by Employment and Social Development Canada (ESDC). The Treasury Board of Canada Secretariat's Directive on the Management of Procurement assigns ESDC that responsibility. CanadaBuys also names the ESDC Labour Program as the program administrator.

The 100-employee and $1 million thresholds

The Treasury Board directive sets out when a supplier needs an employment-equity agreement. A supplier with a resident workforce in Canada of 100 or more employees must have a valid agreement to implement employment equity before entering into a contract valued at $1 million or more. The directive also states that a qualifying supplier bidding on goods or services contracts of $1 million or more must enter into a separate agreement to implement employment equity and continue to honour it after award. Both requirements are set out in the directive.

How the certification appears in federal solicitations

Federal buyers use the certification in several forms, and the wording differs by department:

• Shared Services Canada: the standard instructions for procurement documents state that, by submitting a bid, the bidder and each member of a joint venture certifies that it is not named on the FCP Limited Eligibility to Bid list.
• Department of National Defence: a request for proposals includes a required Federal Contractors Program for Employment Equity Certification form and directs bidders to provide the completed form.
• Royal Canadian Mounted Police: an architectural and engineering solicitation includes an FCP proposal certification. It applies to the proponent and, where relevant, to joint-venture members.
• Public Services and Procurement Canada: supplier data-collection materials list the Federal Contractors Program for Employment Equity among the certifications suppliers may need to indicate, depending on the method of supply.

In a request for proposals, the certification can sit in the section for certifications and additional information, as a bid or proposal certification, or as an annex or form.

What it means for a supplier bidding on Canadian public contracts

Read each solicitation to find the exact FCP wording and the format it requires, then complete the certification in that format. Make sure the statement is accurate before you submit. On a joint bid, the certification can extend to every member of the joint venture, so each member should confirm its own status.

Suppliers with a resident Canadian workforce of 100 or more employees should check the contract value against the $1 million threshold in the Treasury Board directive. If the threshold applies, a valid employment-equity agreement must be in place before contract signing, and the supplier must keep honouring it after award.