Resultant Contract Clauses

Resultant contract clauses are the clauses and conditions that apply to, and form part of, any contract resulting from a bid solicitation. In Government of Canada solicitation templates the section is titled "Resulting Contract Clauses". PSPC guidance uses "resultant contract clauses" as an equivalent expression.

The section tells bidders which terms will govern the contract if they are awarded it. It is printed in the solicitation itself, so a bidder can read it before submitting an offer. Once a contract is awarded, the clauses are incorporated into it and define the contractor's obligations.

Where the clauses sit in a CanadaBuys solicitation

Federal solicitations published on CanadaBuys place the clauses in a later part of the document, often Part 6 or Part 7. A Technology and professional services solicitation on CanadaBuys labels its section as Part 7, Resulting Contract Clauses, and states that the listed clauses and conditions apply to and form part of any resulting contract. See the TBIPS solicitation on CanadaBuys for an example.

Defence procurements use the same structure. A Department of National Defence solicitation on CanadaBuys includes a Part 7, Resulting Contract Clauses, followed by the articles of agreement, the statement of work, and the contract period and options. The DND request for proposals shows this layout.

What the clauses typically contain

The content varies by requirement, but the clauses can include:

• the articles of agreement;
• the statement of work or requirement;
• general conditions;
• period of contract and options;
• task authorizations;
• security requirements;
• pricing, payment, limitation-of-expenditure and liability provisions; and
• other clauses incorporated into the resulting contract.

Taken together, these set out how the contractor performs, delivers, is paid and meets security obligations.

How PSPC guidance and supply arrangements treat them

PSPC assessor guidance for professional services lists resulting contract clauses among the minimum components of a bid solicitation. The same guidance requires the contract documents to contain the required components and to be consistent with the resultant contract clauses stated in the solicitation. The assessor guidance on supply arrangement requirements sets this out.

Supply arrangements work the same way. PSPC's Professional Audit Support Services supply arrangement states that contracts awarded under it must comply with Part C, Resulting Contract Clauses. Individual requests for proposals then identify the applicable security requirements, including the Security Requirements Check List where one is required.

From the SACC Manual to the Standard Contract Clause inventory

Many resulting contract clauses are drawn from standard clause libraries. The Standard Acquisition Clauses and Conditions (SACC) Manual has not been maintained since June 2023, and contracts issued with SACC clauses remain valid. CanadaBuys describes the Standard Contract Clause inventory as its replacement. Details are on the SACC Manual page and the contract clauses page on CanadaBuys.

What this means for a supplier

Read the resulting contract clauses before you bid, not after you win. A bidder must confirm that its offer can meet them, because once incorporated into the contract they define its obligations on performance, security, delivery, pricing and options. Check the security requirements, the contract period and any options, and the payment and liability terms early, and flag anything your team cannot meet before the bid closes.