GCSurplus Code of Conduct

GCSurplus is committed to eliminating discrimination, and any act defined by the Canadian Human Rights Act as discrimination is unacceptable. GCSurplus will not tolerate any discriminatory act toward its employees or contractors. GCSurplus employees will not act in a discriminatory manner toward colleagues, contractors, users, bidders, and members of the public. Together, we can continue to eliminate barriers in support of an inclusive society.

Responsibilities

GCSurplus employees:

• treat all people with dignity and respect;
• act in good faith and follow through on their commitments;
• provide courteous and professional service;
• ensure processes and transactions are fair and transparent;
• obey Canadian law including the Financial Administration Act (FAA);
• uphold their Duty to the Crown and the Values and Ethics Code for the Public Sector (VECPS).

Users, Bidders, and members of the public acknowledge that it is mandatory to:

• treat all people with dignity and respect;
• act in good faith and follow through on their commitments;
• be courteous in their dealings with GCSurplus staff, Government of Canada employees, contractors, and other Users and Bidders;
• not engage in activity that undermines the integrity of the bidding process;
• obey Canadian law including the Financial Administration Act (FAA);
• refrain from raising dishonest objections and claims;
• comply with all Terms and Conditions of sale;
• comply with this Code of Conduct to keep their account in good standing;
• comply with all standing orders, security and access requirements, or other regulations, instructions and directives in force at the site where Assets are located or where removal takes place;
• abstain from, at all times, physical, sexual, and verbal harassment, abuse, violence, psychological harm, and discrimination.

Although this list is not exhaustive, the following examples of harassment and threatening behaviour will not be tolerated:

• Any action intended to demean, embarrass or harm another person;
• Verbal abuse such as swearing and discriminatory language;
• Written threats on any medium including email and social media;
• Physical assault such as hitting, shoving, pushing or kicking;
• Threatening gestures such as shaking a fist;
• Vandalism or deliberate property damage.

Specifically, users, bidders, and members of the public acknowledge that it is mandatory to:

• respond to Bid solicitations in an honest, fair, and comprehensive manner and accurately represent their ability to satisfy the requirements stipulated in the Bid solicitation. A bidder will submit bids only if he or she is able to fulfill all obligations specified in the Bid solicitation.
• refrain from the following activities which are prohibited:

           i. Corruption, collusion, bidding bots, bid rigging, or any other anti-competitive activity in the bidding process.

Non-Compliance

If GCSurplus determines a user or bidder is non-compliant with this Code of Conduct, GCSurplus will immediately suspend the user’s account for no less than 30 days. The duration may increase due to aggravating factors. Repeated non-compliance of this Code of Conduct may lead to permanent account suspension.

The following terms apply to account suspension.

• The account suspension begins on the day the account is deactivated by GCSurplus. For example, if a bidder is non-compliant on the first of the month and the account is suspended on the third of the month, the third of the month shall constitute the first day of the account suspension.
• Bidders may apply to reactivate their GCSurplus account on the first day after the account suspension period expires. For example, if GCSurplus suspends an account for 30 days, the bidder may apply to have their account reinstated on the 31st day. GCSurplus will not consider requests to reactivate an account until the bidder’s account suspension has concluded.
• Attempts to circumvent GCSurplus’ account suspension policy, through creating a new account or any other means, will lead to an automatic extension of the account suspension for a period of 90 calendar days.

Specific Examples of Non-Compliance

Failure to Pay Invoice

• Failure to pay for an asset according to the payment clauses in the GCSurplus invoice will lead to an account suspension of 30 calendar days.
• Failure to pay for an asset on 3 separate occasions within a 6-month period will lead to an account suspension of 365 calendar days.

Failure to Remove Asset

• The Purchaser agrees to remove assets according to the removal conditions stipulated in the Bid solicitation and Authority to Release.
• The Purchaser is responsible for inspecting assets at the time of removal and must report any issue with a sale immediately. Purchasers have a maximum of 7 calendar days after taking custody to report such issues.
• The Purchaser must remove all awarded assets. Failure to do so will result in an account suspension of 90 calendar days.
• All Purchasers are bound by GCSurplus' removal clauses regardless of the location of the assets or the location of the Purchaser.
• GCSurplus and Canada are under no obligation to assist the Purchaser with shipping or removal unless otherwise noted in the Bid solicitation and the Authority to Release.
• The removal deadline will be enforced unless GCSurplus or the custodian of the asset agrees to alternate arrangements.
• GCSurplus does not provide blanket approval for removal extensions. An agreement to change a removal deadline becomes null and void once the assets for which the extension was granted have been removed by the Purchaser.
• Failure to remove assets according to the removal conditions stipulated in the Authority to Release will lead to an account suspension of 30 calendar days.
• Failure to remove assets according to the removal conditions stipulated in the Authority to Release on 3 separate occasions within a 6-month period will lead to an account suspension of 365 calendar days.

Abandoned Assets

• If a removal extension has not been granted by GCSurplus or by the asset custodian, the asset will be deemed abandoned 7 calendar days subsequent to the removal deadline stipulated on the Authority to Release.
• GCSurplus retains as liquidated damages all funds paid by the bidder for abandoned assets.
• GCSurplus may discard or sell abandoned assets. The bidder is liable for all costs incurred by GCSurplus for the disposal of abandoned assets.

Harassment and Threatening Behavior

• Bidders agree to treat GCSurplus employees, Government of Canada employees, private contractors, and other bidders with dignity and respect. No one shall be subject to physical, sexual, or verbal harassment, abuse, violence, psychological harm, or discrimination.
• Any behaviour that abuses, threatens, intimidates, or assaults another person will be deemed workplace violence and will not be tolerated.
• A bidder who is found to have engaged in harassing or threatening behaviour—physical, written, or verbal—will have their GCSurplus account suspended indefinitely and will not be permitted to access any warehouse site. All instances of harassment and threatening behaviour are reported to the appropriate channels, in compliance with the law and Government of Canada policy.

Penalties for Non-Compliance