Written representations

Written representations are formal written submissions that an offeror or supplier sends to the Government of Canada in response to a notice of concern. In Canadian procurement, the term is tied to Public Services and Procurement Canada (PSPC) anti-forced-labour requirements. There it describes the supplier's opportunity to answer a concern before Canada acts against a standing offer or supply arrangement.

The mechanism is a matter of procedural fairness. Canada tells the supplier what its concern is, and the supplier responds in writing within a stated deadline. The procedure is set out in the anti-forced-labour requirements policy notification on CanadaBuys.

Written representations before a standing offer is set aside

A standing offer is an instrument under which Canada may later issue call-ups. When Canada has a concern under an applicable anti-forced-labour clause and intends to set the standing offer aside, it first informs the offeror. Canada may then give the offeror an opportunity to submit written representations. The submission is the offeror's formal chance to put its answer to the concern on the record before Canada makes its decision.

Written representations before a supply arrangement is suspended or cancelled

The same approach applies to supply arrangements. Before Canada suspends or cancels a supply arrangement because of a concern under the anti-forced-labour clause, it informs the supplier. Canada may provide an opportunity to make written representations. The trigger is the same in both cases: Canada has a concern and intends to take action against the supplier's instrument. The action differs. For a standing offer it is setting aside, and for a supply arrangement it is suspension or cancellation.

The 30-day deadline and how it can change

The offeror or supplier must provide its written response within the deadline stated in the notice of concern. Under both procedures the submission must normally be made within 30 days after the offeror or supplier receives the notice. Canada may establish a different deadline, so the notice itself is the first place to check the date that applies.

A different use of the phrase in financial reporting

The Government of Canada also uses the words "written representations" outside procurement disputes. In financial-reporting guidance for Crown corporations and other reporting entities, the phrase refers to management's formal written assertions in a letter of representation. PSPC explains this on its letter of representation page. That use is unrelated to a supplier's response to a notice of concern, and suppliers should not confuse the two.

What it means for a supplier bidding on Canadian public contracts

If you hold a standing offer or supply arrangement with PSPC, a notice of concern under the anti-forced-labour clauses starts a clock. Treat it as a deadline-driven task. Confirm the response date in the notice, since it is normally 30 days from receipt but Canada can set another date. Prepare your response in writing and submit it on time, because the written representations are your opportunity to respond before Canada decides whether to set aside, suspend or cancel your instrument.

The policy notification names the Ethical Procurement Unit within PSPC's Strategic Policy Sector as a contact for assistance with the forced-labour clauses. Bid teams should route any notice of concern to the people responsible for contract compliance as soon as it arrives, and keep records that support the supplier's answer.