RFP# 078RFP09HJK CPAP Partnership Model
Request for Proposal
RFP Number: 078RFP09HJK
RFP Name: CPAP Partnership Model
RFP Issued: July 24, 2009
RFP Closing Date: September 10, 2009
INTENTION TO SUBMIT A PROPOSAL
Proponent Name (please print)
Proponent Contact name
Phone number
Fax number
Address
IF YOU INTEND TO SUBMIT A PROPOSAL IMMEDIATELY, COMPLETE THIS PAGE AND FAX TO THE RFP CONTACT BELOW
Hulya (Julia) Kasikci
Fraser Health Support Services Facility
Materiel Management
8521 – 198A Street
Langley, BC V2Y 0A1
Phone: 604-455-1302 ext 741222
Fax: 604-455-1312
E-mail: hulya.kasikci@fraserhealth.ca
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Table of Contents
General Information ...............................................................................................................................................4
Introduction ............................................................................................................................................................ 4
Overview of Supply Chain ......................................................................................................................................... 5
RFP Objective ......................................................................................................................................................... 6
Section 1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
Submission Instructions ..................................................................................................................8
Intention to submit a proposal .......................................................................................................................... 8
Closing Date and Location ................................................................................................................................ 8
Submission Format .......................................................................................................................................... 8
Mandatory Criteria ........................................................................................................................................... 8
Delivery Address ............................................................................................................................................. 9
Proposed RFP Schedule .................................................................................................................................... 9
Award Term .................................................................................................................................................... 9
Contact, Inquiries & Submissions....................................................................................................................... 9
Lobbying ....................................................................................................................................................... 10
Proposal Questionnaire .................................................................................................................................. 10
Verbal Communication ................................................................................................................................... 10
Proposal Acceptance Period ........................................................................................................................... 10
Proposal Amendments/ Withdrawals ............................................................................................................... 10
Ownership of Proposals – Proponent costs ...................................................................................................... 10
Closing Date – Extension ............................................................................................................................... 10
Late Proposal Submissions ............................................................................................................................. 10
Signed Acceptance Forms .............................................................................................................................. 10
RFP Cancellation ........................................................................................................................................... 10
Third Party Distribution .................................................................................................................................. 10
Section 2.0 Evaluation and Award Process .........................................................................................................11
2.1 Evaluation Committees ................................................................................................................................... 11
2.2 Evaluation and Selection ................................................................................................................................. 11
2.3 Evaluation Criteria .......................................................................................................................................... 11
2.4 Standardization .............................................................................................................................................. 12
2.5 EquivalentAlternates........................................................................................................................................ 12
2.6 Unsuccessful Bids ............................................................................................................................................ 12
2.7 Debriefing ....................................................................................................................................................... 12
2.8 Selection Processes ......................................................................................................................................... 12
2.9 Prequalification ............................................................................................................................................... 12
2.10 Trade Shows ................................................................................................................................................ 12
2.11 Proponent Presentations ................................................................................................................................ 12
2.12 Proponent Demonstrations ............................................................................................................................. 12
2.13 Site Visits ..................................................................................................................................................... 13
2.14 In Use Evaluations ........................................................................................................................................ 13
2.15 Specialist Consultants .................................................................................................................................... 13
2.16 Probationary Periods ..................................................................................................................................... 13
Section 3.0 Proposal Questionnaire ....................................................................................................................14
3.1
3.2
3.3
3.4
Approach and Methodology ............................................................................................................................ 14
Corporate Strength ........................................................................................................................................ 15
Financial ....................................................................................................................................................... 17
Value Add ....................................................................................................................................................... 19
Section 4.0 Terms and Conditions Statement Summary ....................................................................................21
4.1 Compliance to or deviation from RFP Terms & Conditions ................................................................................... 21
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Section 5.0 Proponent Acceptance Form ............................................................................................................22
Section 6.0 Authorized Signature ........................................................................................................................23
Purchasing Standard Definitions Terms and Conditions .....................................................................................24
Definitions ............................................................................................................................................................ 24
Terms and Conditions ............................................................................................................................................ 24
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General Information
Introduction
The BC Health Authority Shared Services Organization’s role is to establish a province-wide, consolidated shared services
organization that will create enhanced value to the health system through the effective and efficient delivery of a range of services
including Supply Chain services. The BC Health Authority Shared Services Organization (SSO) is owned by its Members, the six
Health Authorities (HA’s), and supported by the BC Ministry of Health. The SSO will contribute to the Ministry of Health’s key
outcomes of “sustaining high quality patient care through more efficient and cost-effective services and ensuring a sustainable
publicly-funded health care system”.
Supply Chain Management is SSO’s first business line. The current scope covers the full range of services that are provided by
supply chain departments in all health authorities, including common procurement, warehousing and logistics. The SSO Supply
Chain function will implement a strategic Supply Chain sourcing approach that consolidates the needs of all BC Health Authorities.
This Request for Proposal is issued by the Fraser Health Authority’s Supply Chain branch office on behalf of the British Columbia
Health Authority Shared Services Organization (“SSO Administration Society”).
The SSO is a not for profit, province wide, consolidated shared services organization created to enhance value to the health
system through the effective and efficient delivery of non-clinical services including Supply Chain services on behalf of all BC
Health Authorities.
Of the six Health Authorities principle to the SSO, five are regional Health Authorities responsible for the delivery of health care
programs and services in British Columbia within their respective regions. The sixth Health Authority, the Provincial Health
Services Authority, is responsible for managing the quality, coordination, accessibility and cost of selected province wide health
care programs and services.
For additional information on SSO and the Health Authorities please visit the following sites:
http://www.healthauthoritySSO.bc.ca; http://www.fraserhealth.ca; http://www.interiorhealth.ca;
http://www.northernhealth.ca; http://www.phsa.ca; http://www.providencehealthcare.ca; http://www.vch.ca;
http://www.viha.ca.
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Overview of Supply Chain
Vancouver Coastal Health (VCH), Providence Health Care Society (PHC) and Fraser Health (FH) through their 50,000 staff, are
responsible for the delivery of health programs and services throughout the Lower Mainland of British Columbia. This area spans
Vancouver, Richmond, the North Shore, Coast Garibaldi communities, and includes all communities from Burnaby to White Rock
and extends into the Fraser Valley to Hope. With combined direct regional budgets in excess of $4.8 billion, this diverse group
comprises one of the largest integrated health organizations in Canada in terms of funding allocations. These organizations serve
over 2.5 million people with more than 21,700 acute and residential care beds and (26) Acute Care Facilities. Vendors are asked to
give careful consideration to this new economic entity in terms of pricing and services offered and in particular to differentiate us
from their other clients who may not be able to take a consolidated delivery to a discrete location(s) or pay a single consolidated
invoice.
The structure of VCH, PHC and FH that Supply Chain/Material Management serves is as follows:
Vancouver Coastal Health Authority (VCH):
Vancouver General Hospital
UBC Hospital
GF Strong Centre
George Pearson Centre
Mary Pack Arthritis Centre
Richmond Hospital
Vancouver Community Health
Lions Gate Hospital
St. Mary’s Hospital
Powell River General Hospital
Squamish General Hospital
Whistler Health Care Centre
Pemberton Health Centre
R.W. Large Memorial Hospital
Bella Coola General Hospital
Providence Health Care (PHC):
St. Paul’s Hospital
Holy Family Hospital
Mount St. Joseph’s Hospital
Youville Residence
Langara
Honoria Conway at St. Vincent's Heather
Brock Fahrni Pavillion
Fraser Health (FH):
Abbotsford Regional Hospital & Cancer Centre
Burnaby Hospital
Chilliwack General Hospital
Delta Hospital
Eagle Ridge Hospital
Fraser Canyon Hospital
Langley Memorial Hospital
MSA General Hospital
Mission Memorial Hospital
Peace Arch Hospital
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Psychiatric Group Therapy Services - Surrey
RCH (Sherbrooke Bldg) Outpatient
Psychology
Mission Memorial Hospital
Ridge Meadows Hospital
Royal Columbian Hospital
Surrey Memorial Hospital
Fraser Health Mental Health & Addictions
Facilities
Fraser Health Public Health Facilities
Fraser Health Continuing Care Facilities
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RFP Objective
Our objective in issuing this RFP is to identify Proponent(s) who may become suppliers(s) by entering into an agreement with the
Agencies (collectively Vancouver Coastal Health Authority (VCH), Fraser Health Authority (FH) and Providence Health Care (PHC))
representing the participating facilities for the supplies, services, or equipment offered in this document.
The goal of this RFP is to create a regional partnership model, for the supply of CPAP equipment to OSA-diagnosed VCH/FH/PHC
patients.
Proponents are asked to develop proposals which would meet the following key objectives:

Improve patient care quality and satisfaction by increasing service and follow-up provided.

Improve patient accessibility and affordability of treatment by decreasing the price of CPAP devices.

Improve the Agencies’ cost-recovery of providing effective healthcare by generating financial benefits for the Health
Authorities.
Background
The Agencies are committed to delivering the most effective solutions that meet current healthcare needs. At the forefront of
patient care are quality, service, affordability and accessibility to services. All systems that facilitate such services require careful
resource management and the development of progressive and sustainable partnerships.
Obstructive Sleep Apnea (OSA) is a medical respiratory disorder affecting over one million Canadians, as estimated by the
Canadian Lung Association. OSA is linked to increased risk of high blood pressure, heart attacks, strokes and motor vehicle
accidents.
Every year, the Agencies’ collective sites and Sleep Laboratories diagnose between 2000 to 5000 patients with OSA. OSA
diagnosing may take place at the UBC, Richmond, Surrey or Abbotsford Sleep Laboratories, or from other regional programs, such
as the Respiratory Services Programs at Providence Health Care or Royal Columbian Hospital.
Continuous Positive Airway Pressure (CPAP) therapy is the primary treatment for patients with OSA. Presently, there are numerous
CPAP equipment suppliers in British Columbia, offering various pricing, service and medical input levels. Consequentially, OSApatients’ accessibility to treatment is restricted and its quality varies.
Specifications
Proponents will be evaluated according to the following criteria:
Approach & Methodology (Weighting 45%)

Proponents should demonstrate their commitment to consistency and quality in patient care. This commitment is
expected throughout the patient’s experience, beginning with a prompt patient start time, consultation, equipment
selection and fitting, complimentary trial, pressure titration, nocturnal oximetry, and all through treatment with
continuous monitoring, interaction and reporting.
Corporate Strength (Weighting 15%)

All Proponents who would like to be considered for Preferred Vendor status should be able to demonstrate an outstanding
reputation, providing strong references and details regarding any accreditations, patient satisfaction and past
performance.
Financial Proposal & Value Added (Weighting 30%)

Specific emphasis is placed on reduced patient costs and expanding patient’s access to CPAP therapy. All-inclusive, firm
price package pricing is encouraged. Further, quantity discounts or other financial benefits that would help the Agencies’
hospital sites and Sleep Laboratories full-cost recovery of the CPAP model are encouraged. Such benefits could be
achieved through the Proponent’s revenue generation ideas or value-added offers.
Value Added (5%)
Compliance (5%)
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Outcomes
The Agencies will evaluate proposals which meet the above-mentioned objectives. The evaluation and selection will be based on
determining the optimum overall model for the various VCH/FH/PHC Sleep Laboratories and clinics. Any selected model will allow
for appropriate alternatives, as patient choice remains key.
Alternatives of the CPAP model:
The Agencies envision the model as a Preferred Vendor List to provide CPAP equipment and services for OSA-diagnosed
patients across the Agencies. The list will help standardize existing patient care practices, as well as raise overall service quality
levels. Preferred Vendor status will be subject to annual review. A vendor’s ability to remain on the Preferred Vendors list will be
contingent on meeting the Health Authorities expectations outlined in this RFP and subsequently developed standards. The list of
Preferred Vendors will strictly be distributed on a recommendation basis, preserving patient choice.
Proponents are encouraged to develop alternate all-inclusive model proposals. Options of the partnership model may include, but
are not limited to, the following:
- Sleep Clinic Access. Through a similar selection process as above, Preferred Vendor Proponents would be allowed to rent
space in the Agencies’ Sleep Laboratories and Clinics. Location rotations and scheduling would be structured according to Sleep
Clinic direction.
- Primary Vendor Selection. Individual vendors would be selected to serve all or a portion of the Agencies’ patient
recommendations. If a single Proponent demonstrates ability to provide a complete list of solutions, a certain percentage (e.g.
70%, 80%, or 100%) of the recommendations would be handled by this vendor. Secondary vendors would be evaluated for ability
to handle the remaining recommendations portions.
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Section 1.0
Instructions
Submission
1.1 Intention to submit a proposal
Proponents intending to submit a proposal are to complete the RFP cover sheet and return the document to the RFP contact. Any
addendums will be posted to the issued websites. Proponents are responsible to check the websites frequently for additional
information.
1.2 Closing Date and Location:
Offers will be received until 12:00 HRS (12:00 pm) Pacific Time on September 10, 2009 at the delivery address noted in section
1.5 of this RFP.
1.3 Submission Format
Provide one original, 2 paper copies and 2 electronic copies. Electronic copies should be in CD-ROM using Microsoft Word and/or
Microsoft Excel compatible formats (as applicable). Proponents should try to limit their proposal contents to a maximum of 3 files,
permitting the evaluation committee to navigate through Proposal contents efficiently and with ease. If an electronic copy is
provided, Proponents should not alter information from the existing data. If necessary, add all additional information to the end of
the spreadsheet or file. If there are any discrepancies between the paper copy Proposal and the electronic copy, the paper copy
will govern.
The RFP format and sequence should be followed in order to provide consistency and ensure each proposal receives full
consideration. The proposal responses to the RFP requirements should be transcribed directly onto the RFP document in the text
boxes or spread sheets provided. Additional detailed information to the original response can be referred to and provided as
appendices for clarity and convenience; ensure that the appendices are cross referenced to the RFP question number. Proposals
should be written in clear, concise language that allows for ease of retrieval and understanding by the evaluation committee. All
proposals should be bound in a 3 ring binder; proposals are to clearly indicate the RFP # and title on the cover.
1.4 Mandatory Criteria
Proponents are to include the following table in their Proposal, indicating with a checkmark () that the Proposal meets the
mandatory criteria, and providing the Proposal page number / section that verifies this requirement. Proposals not clearly
demonstrating that they meet the following mandatory criteria will be excluded from further consideration during the evaluation
process.
RFP
Section No.
Title Page
All Sections
5.0
Document#:
Mandatory Criteria
The Proposal including questionnaire and Pricing must be submitted
no later than 12 p.m. local time at address indicated in1.5
Meets
Criteria ()
Proposal Page no.
(if relevant)
The Proposal must be in English.
The proposal must include Proponent Acceptance Form signed by
an authorized signatory.
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1.5
Delivery Address
MAIN DELIVERY ADDRESS
Fraser Health Shared Services Facility
Materiel Management
8521 – 198A Street
Langley, BC V2Y 0A1
CONTACT INFO
Hulya (Julia) Kasikci
RFP # 078RFP09HJK
NOTE:
THE RFP# SHOULD APPEAR ON THE OUTSIDE OF YOUR PROPOSAL.PROPONENTS ARE RESPONSIBLE TO ENSURE SUBMISSIONS
ARE RECEIVED AS SPECIFIED IN THE RFP.THE AGENCIES WILL NOT BE RESPONSIBLE FOR LOST, MISPLACED OR INCORRECTLY
DELIVERED SUBMISSIONS. All submissions will be date and time stamped. For hand delivered submissions, a receipt will be
issued if requested.
ALTERNATE DELIVERY ADDRESS
Vancouver Coastal Health
1100 – 1111 Melville Street
Vancouver, BC V6E 3V6
CONTACT INFO
Tender Control Administrator
RFP# 078RFP09HJK
All submissions should be made to the main delivery address indicated above but in the event that a submission should be
received at the alternate address, the Authorities will still accept the submission.
1.6 Proposed RFP Schedule
The following timetable outlines the anticipated schedule for the RFP process. The schedule provided is for information only.
Timing and sequence of events may vary and the Agencies will ultimately determine the sequence of events.
Sequence of Events
Timing
RFP Issue Date
July 24, 2009
RFP Close Date
Evaluations
Short List by
Award Date
September 10, 2009
September 11 – October 2, 2009
October 6, 2009
October 19, 2009
1.7 Award Term
The Agencies are looking to Proponents to supply award terms that speak to non-committed volumes as well as committed
volumes, for terms ranging from 1, 2, 3, 4, 5 years or longer.
The successful Proponent(s) will receive confirmation through a Purchase Order or a Supply Agreement that materially reflects the
Request for Proposal and the included terms.
1.8 Contact, Inquiries & Submissions
All RFP inquiries are to be directed by email to the RFP contact. Information obtained from any other source is not reliable or
official. Inquiries or questions may be recorded, and transmitted to all Proponents on an anonymous basis. A response may or may
not be issued as an addendum. The decision to issue an addendum, or post changes to the website is at Agencies’ sole discretion.
Information obtained from any person or source other than the RFP Contact is not official and may not be relied upon. No oral
conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent.
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1.9 Lobbying
Proponents will not attempt to communicate with the Evaluation Committee or any representative of Agencies at any stage of the
RFP process, except as expressly directed or permitted by the RFP Contact. Proponents in contravention of this term may have
their proposal removed from consideration.
1.10 Proposal Questionnaire
The RFP Questionnaire has individually numbered questions or statements. Proponents are to specify the number of the question
or statement to which they are responding. DO NOT STATE “refer to attached brochure” unless you have referenced the exact
location of the relevant information. Proposals are to follow the same sequence as this document. Legibility, organization, content,
clarity and thoroughness of proposals will be scored. All accessories, peripherals, systems or services required for the function or
enhancement of any equipment included in the supplier response are to be identified otherwise it will be assumed to be included
at no charge. Clarification and or variances to the terms and conditions are to be documented using the Terms and Conditions
Statement Summary.
1.11 Verbal Communication
Verbal communications will not be accepted unless approved by the RFP contact.
1.12 Proposal Acceptance Period
Proposals are open for acceptance one hundred eighty calendar days (180) from the closing date.
1.13 Proposal Amendments/ Withdrawals
Amendments may be made to proposals if submitted in writing prior to the closing date. After the closing date, the only allowable
changes will be as a result of the Agencies seeking clarification. Proposals may be withdrawn, by written request, during the
acceptance period and up to the closing time.
1.14 Ownership of Proposals – Proponent costs
Proposals become the property of the Agencies and are irrevocable after the closing time. Proponents are solely responsible for the
cost of preparing and submitting proposals. The Agencies will not be liable for any associated costs or loss of revenue related to
Proponents submitting proposals
1.15 Closing Date – Extension
In extenuating circumstances, an extension to the closing date may be requested in writing. The Agencies will consider the
circumstances and the request and either grant or deny the extension. All decisions will be at the Agency’s sole discretion.
1.16 Late Proposal Submissions
Submissions received after the closing time will be retained unopened by the Agencies, and a letter of notification will be sent to
late Proponents. If circumstances beyond the Proponent’s control delay their submission, they may request their proposal be
accepted. The Agencies at their sole discretion will make a final acceptance decision.
1.17 Signed Acceptance Forms
Proposals with unsigned acceptance forms have no status and will not be considered. A letter of non-compliance will be mailed or
faxed to the Proponent. The Agencies will retain the Proponent’s submission.
1.18 RFP Cancellation
The Agencies are not bound to accept any Proposal and reserve the right in their sole discretion to postpone or cancel this RFP at
any time without liability for any reason whatsoever. Without limiting the foregoing, the Agencies will not be bound to accept the
lowest-priced Proposal and reserve the right, at their sole discretion, to accept or reject any Proposal in whole or in part.
1.19 Third Party Distribution
Should the Agencies select a third party to distribute products, the Proponent agrees to provide the same pricing to the distributor,
or rebate the price difference of the cost to the Agencies.
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Section 2.0 Evaluation and Award Process
2.1 Evaluation Committees
Agencies standard practice for evaluation includes analysis by a multi-disciplinary evaluation team that may be comprised of, but
not limited to: representatives from the User Department; Biomedical Engineering; Clinical Products Co-Coordinators; Purchasing;
Materials Management; Plant Services; Information Services; and Finance. The Agencies, at their sole discretion, reserve the right
to select the evaluation committee participants. The evaluation committee will evaluate and score each compliant proposal on the
basis of the criteria listed in section 2.3 of this RFP.
2.2 Evaluation and Selection
The Agencies support Value Analysis in acquisition including total cost considerations, service & support and value added benefits.
Proposals not meeting all mandatory criteria will be rejected without further consideration. A proposal will not be evaluated if, in
the Agency’s opinion, evaluation would incur a conflict of interest in relation to the RFP process. Proposals that meet the
mandatory criteria will be evaluated by the Evaluation Committee in accordance with the evaluation criteria – section 2.3 of this
RFP. Proponents are to clearly identify existing Corporate Agreements for consideration in the evaluation process. If all factors are
equal, for all Proponents in the final process of evaluations, Proponents with favorable performance evaluations may be given
preference. The Agencies reserve the right to request clarification of Proponent submissions. This is not an opportunity to revise,
resubmit, alter or amend the original submission.
The Evaluation Committee will make a recommendation for the selection of a Preferred Proponent or Preferred Proponents to the
Agencies. If the Evaluation Committee selects a preferred Proponent or Proponents, then the Agencies will enter into discussions
with the preferred Proponent(s) to clarify any outstanding issues and finalize the terms of the Supply Agreement(s). For clarity, the
Agencies may negotiate modifications or variations to the preferred Proponent’s Proposal. If discussions are successful, the
Agencies and the preferred Proponent(s) will finalize a Purchase Order or Supply Agreement(s). If at any time the Agencies form
the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time with a preferred Proponent,
then the Agencies may give the preferred Proponent written notice to terminate discussions; in which event, the RFP Contact will
then open discussions with next highest scoring Proponent.
The intent is to enter into an agreement with the Proponent that scores the highest overall percentage points.
2.3 Evaluation Criteria
The Evaluation Committee may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one
Proponent’s Proposal to another Proponent’s Proposal. The Evaluation Committee will compare and evaluate Proposals to
determine the Proposal which is most advantageous to the Agencies, using the following evaluation criteria:
Percentage
Points (%)
Approach and Methodology
45%
Corporate Strength
15%
Financial
30%
Value Added
5%
Compliance to or deviation from RFP Terms & Conditions
5%
TOTAL
100
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2.4 Standardization
The Agencies recognize standardization benefits in delivering consistent quality care, support, education, supplies, and services.
Once additional obligations are met, the Agencies may direct subsequent purchases to the award vendor(s) recognizing
standardization objectives. Standards may be challenged/changed at anytime after initial contract obligations are met.
2.5 Equivalent Alternates
Proponents may quote Products/Services with specifications different from those listed in the RFP - including those which are
considered functionally equivalent - but should provide a specification sheet and or product monographs. Proponents quoting
alternate Products/Services are to articulate their functional equivalency. Acceptance of this equivalency will be at the sole
discretion of the Agencies. Proponents should identify and document in their Proposals any variances from the RFP specifications.
Descriptive literature accompanying proposals are not considered adequate information indicating variance from RFP specifications.
2.6 Unsuccessful Bids
Unsuccessful Proponents will be notified by letter and are able to request a debriefing; only information relating to their submission
will be discussed.
2.7 Debriefing
After the bid process, a letter will be sent to all Proponents indicating their status. Unsuccessful Proponents may contact the RFP
Contact for a debriefing within 10 days of being notified as unsuccessful. In the debriefing, the Agencies will generally explain why
the Proponent’s Proposal was not successful. The intent of the debriefing session is to aid the Proponent in presenting a better
Proposal for subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to
challenge the RFP or the RFP process. The debriefing will be solely between Agency representative(s) and the Proponent
requesting the debriefing. The debriefing will not include disclosure of another Proponent’s Proposal; all terms of this RFP will
apply to the debriefing, including for certainty, the requirement that Proponents will treat all information received at a debriefing
as confidential.
2.8 Selection Processes
Pre-Bid Meetings, Prequalification, Trade shows, Proponent Presentations, Demonstrations, Site visits and Short listing are all
optional steps in the selection process. The Agencies may elect to engage one or more of the following steps in the evaluation
process.
2.9 Prequalification
Proponents may be required to confirm they have the required qualifications to be considered for a business relationship with the
Agencies. The criteria included in this confirmation may include (but not be limited to): Size; Capacity; Financial Stability; Industry;
government certification or licensing; positive references; experience; and value for products or services offered. Once qualified,
Proponents may be awarded business on a small volume adhoc basis; or may be among a selected group of pre-qualified
Proponents to respond to a competitive bid.
2.10 Trade Shows
Proponents may be requested as a part of a competitive bid process to attend a trade show where the Agencies’ staff is able to
view equipment or products side by side and discuss the relative features and benefits with Sales Representatives. The trade show
may be used as a method to score Proponents.
2.11 Proponent Presentations
Proponent presentations can be utilized as clarification for the evaluation committee. Proponents may be given an outline of what
is to be presented.
2.12 Proponent Demonstrations
Proponents may be asked to demonstrate the operation or use of equipment or supplies; and the Agencies’ evaluation staff will
have an opportunity for a hands on experience. This demonstration will not be in a clinical or “in use” setting.
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2.13 Site Visits
An evaluation team may travel to each vendor’s reference site. If site visits are required they will be conducted within the Health
Authorities standard which states that vendors will pay all expenses (within policy for travel) for two committee members. Any
additional members will be at the Health Authorities expense. References will be confirmed and the visit scored accordingly.
2.14 In Use Evaluations
If on site evaluations are required, Proponents will be responsible for all costs to supply equipment and consumables. Evaluations
are conducted in a real life application to confirm the equipment/products efficiency and efficacy in delivering the requirements.
Proponents are to ensure ‘evaluated’ equipment and products are picked-up promptly after evaluations. A 'no charge' purchase
order may be issued for recording and tracking purposes only. All application training for equipment and supplies will be provided
at no cost during the evaluation process and for the duration of the contract. If appropriate, the Agencies will consider a ‘train the
trainer’ approach.
2.15 Specialist Consultants
The Agencies may engage the services of an industry specialist in the evaluation process where the expertise is not available
within the Agencies.
2.16 Probationary Periods
Where other processes may not completely demonstrate the viability of the equipment or supplies, the Agencies may award
business on a probationary basis. This is an opportunity for the Proponent or Proponents to confirm their solution meets the
requirements of the RFP.
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Section 3.0 Proposal Questionnaire
Company Name
Mailing Address:
Phone/Fax
Toll Free Phone No:
Proponent’s Name
Proponent’s Position:
Proponent’s Email:
Company’s Email:
Website Address:
3.1 Approach and Methodology
Weighting 45%
3.1.1 Describe how the Proponent will provide the services outlined in this RFP, the
model of choice and how it will meet the goals outlined in this RFP.
3.1.2 Can your firm provide all of the objectives as identified in this RFP? If not,
indicate what you cannot provide and why? Identify any proposed variation from the
services, specifications or terms and conditions of the contract.
3.1.3 Will your firm sub-contract any of the services described in the RFP? If yes,
provide details about the services that will be sub-contracted and the sub-contractor,
including how long your firm has used the sub-contractor for these services. Include
contact details for the sub-contractor in the same format as Section 3.0 of this RFP. Only
sub-contractors approved, in writing, by the Agencies may be utilized in the performance
of the services.
3.1.4
Describe how your firm is a leader in providing these services and how it will
support the Agencies’ Sleep Laboratories and their staff in improving the healthcare
environment.
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3.1.5 Describe the Proponent’s training, education and research initiatives related to
CPAP treatment.
3.1.6 Do you have any geographical boundaries for your services? If yes, provide
details. List all locations where the Proponent’s services are provided.
3.1.7 Describe your organization’s ability to provide all CPAP patients’ therapy progress,
results and change reporting.
3.1.8
Describe, in detail, the timeframe for new CPAP patient starts.
3.1.9 State the initial free trial duration your organization offers to new CPAP patients.
Describe the trial process progress, monitoring and follow-up your organization offers to
the CPAP patient.
3.1.10
Describe the variety of styles and sizes of interfaces offered to CPAP patients.
3.1.11 Describe your organization’s CPAP machine and mask policies with regards to
the sale and after market care.
3.1.12 Describe your organization’s CPAP equipment replacement availability, its cost
and timeframe.
3.1.13
Describe any CPAP product and service warranties and guarantees offered.
3.1.14
Describe the patient payment options.
3.1.15
Describe your organization’s rental agreement availability.
3.1.16 Describe your organization’s flexibility for the patient to continuously maintain
CPAP equipment vendor/manufacturer preference.
3.1.17
Describe your organization’s ambulatory diagnostics availability.
3.1.18 Describe any other service components, such as patient education, service in
various languages, in-home set-ups and any other relevant features.
Weighting 15%
3.2 Corporate Strength
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Vendor performance, references, reputation, appropriate licensing or registration, completeness and clarity of offering, industry certifications, association
memberships/awards, contract management, sales/service representation, inside sales support, on-time delivery, transaction/document accuracy, problem resolution,
adherence to the Agencies policies, ethical conduct, environmental stewardship, and other attributes of leading organizations.
3.2.1
Describe your organization’s financial stability in terms of Gross Annual
Revenue, and Net profit over the previous 5 years.
3.2.2
BC?
How many years has your company been in business? In Canada? In
3.2.3
Provide your regular customer service business hours in the Pacific
Time zone. Indicate if your company has ‘after hours’ service capabilities.
3.2.4
How many total personnel does your company employ? What is their
average length of service? How many staff dedicated to Canada? Dedicated to
Western Canada? Dedicated to BC? Dedicated to the Agencies?
3.2.5 Define the sales, technical/clinical support and responsiveness dedicated
to the Agencies during contract term, including experience and training of key
personnel that have the required knowledge, skills and abilities to perform the
support individually and as a team. Identify any individuals who will be leading
or participating in this initiative. Provide alternate contact information in the
absence of the primary contact during the contract.
3.2.6
Has your firm been involved in any relevant litigation within the past 5
years? If your response is affirmative, provide details.
3.2.7
Provide a brief explanation of your customer service policy before and
after sales. Describe the Proponent’s customer service/conflict resolution policy
and practices.
3.2.8
Is your company a member of an industry association(s)? Provide
details. Describe any licenses or other qualifications held by the Proponent that
are relevant to the Services. Describe any relevant accreditiations, such as the
Canadian Council Health Services Accreditation (CCHSA). Copies of the
accredited documentation are to be provided with the Proponent’s response.
3.2.9
Is your company owned privately or owned publicly? If publicly owned,
are shares traded on a stock exchange? Which Exchange?
3.2.10 Describe the Propenent’s prior experience on comparable projects or
services in the public sector environment, including any past or current
agreements with the Agencies. Describe how many successful CPAP/Bi-level
starts you have accomplished.
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3.2.12 Provide the following information for three references where you have recently supplied products, services, and/ or equipment that matches the size, complexity and
requirements of this RFP. References from Health Organizations, Physicians groups or Sleep Laboratories are preferred.
Organization Name
Organization Name
Organization Name
Mailing Address:
Mailing Address:
Mailing Address:
Contact Name:
Contact Name:
Contact Name:
Position:
Position:
Position:
Phone:
Phone:
Phone:
Fax:
Fax:
Fax:
Email:
Email:
Email:
3.3 Financial
Weighting 30%
Cost considerations include: product, distribution, freight, cost of change, operating/inventory carrying costs, cost increase protection, (Exchange rate CPI, duty, etc.),
quantity discounts, E commerce discounts, early payment discounts, financial incentives, rebates, standardization incentives, consignment inventory options, lowest overall
life cycle cost, lowest service cost, efficiency, installation and training cost.
Note – Quote Canadian dollars all taxes extra. FOB destination.
Proponents should not alter the original sequence of items (insert, remove or merge items/rows/columns/cells/etc.) other than providing response data in cells allocated.
Item alternates are to be presented in separate list with cross references to relevant item, following the sequence of original unaltered list.
Provide all the Proponent’s CPAP equipment pricing details and MSRP “Manufacturers Suggested Retail Price” in the table below. The Agencies prefer firm, all-inclusive fixed
pricing. The Proponent’s pricing should include both fees and expenses.
PRICING FOR SUPPLIES/EQUIPMENT
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SUPPLIES/EQUIPMENT
MSRP
Quote the Proponent’s pricing for the equipment packages listed below. Describe any other equipment package pricing your organization offers to the patient.
SUPPLIES/EQUIPMENT
Respironics M Series CPAP with heated humidifier, hose,
comfort Gel mask, filters and travel bag
PROPONENTS PRICE
ResMed Escape CPAP with heated humidifier, hose, Swift
mask, filters and travel bag
Fisher & Paykel Sleep Style 200 Series CPAP with heated
humidifier, hose, Flexifit mask, filters and travel bag
3.3.1
Agencies prefer firm pricing for each objective, but wish to have the flexibility to
choose which objectives we may implement now or at a later date. Will you comply? If
not, explain.
3.3.2
Agencies may choose to award all of the objectives at once or award individual
objectives as separate "projects". Will your pricing remain the same if this option is
chosen? If not, explain and advise what limitations or changes will apply.
3.3.3
Agencies may choose to award the contract to one firm or to more than one
firm. If your firm is chosen as the only provider, will you offer any additional financial
incentives? If yes, provide details.
3.3.4
Describe any volume discounts, rebates or other financial incentives or benefits
that would accrue to the Agencies.
3.3.5
Are you offering any other financial incentives? Describe the incentive and any
additional conditions that will apply. If your proposal has revenue generation potential,
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please state how your proposal could help improve the Agencies’ hospital sites’ and Sleep
Laboratories full cost recovery of the CPAP model. Please include all financial figures,
timelines and assumptions.
3.3.6
Describe mechanisms in place to achieve on-going cost savings on behalf of the
Agencies.
3.3.7
By responding to this RFP you are authorizing the Agencies to obtain and have a
third party perform a credit review of your firm. Do you agree?
3.3.8
The prices paid by the patients can not be inflated to cover the cost of the
revenue paid to the Agencies. Detail how you would provide this assurance.
3.4 Value Add
Weighting 5%
Proponents are encouraged to review their existing distribution methods and assess potential improvements in delivery of products to the Agencies (via scenarios such as
direct or bulk shipments to central destination points) and impact on efficiencies and costs.
Strategic corporate alliances and existing Corporate Agreements, research and development, competitive advantage, revenue generation, cost reduction initiatives, innovative
ideas, presentations, demonstrations, social economic considerations, PPP (Public, Private, Partnerships) opportunities, incentives for single supply initiatives.
3.4.1 What other services, support or additional information would you like the
Agencies to consider when evaluating this proposal?
3.4.2 Does your firm have any quality programs to share with the Agencies as an
added value service?
3.4.3 Does your firm have strategic alliances with your supply chain Vendors?
Provide details.
3.4.4
What do you consider as your firm’s competitive advantage or your ‘added
value’ over other companies?
3.4.5
Does your firm offer any revenue generating programs? If yes, provide
details.
3.4.6
Would your firm be interested in advertising opportunities with the Agencies?
3.4.7 What incentives would apply if the agencies are willing to be a reference site
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for your services?
3.4.8
Confirm whether the Proponent is able to offer the same pricing and/or the
same terms and conditions to the Agencies’ affiliates, contracted facilities, other
health authorities and associated business alliances. Identify any terms and
conditions that would not apply to the Agencies’ affiliates, contracted facilities, other
health authorities and associated business alliances or provide alternative terms and
conditions.
Value Added Offers
The Agencies encourage Proponents to submit innovative proposals. Value Added offers should have a Fair Market value assigned. The Agencies reserve the right to
negotiate value added offers as presented or accept the Fair Market Value.
Offer#
Document#:
Description of Value Added Offer
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Section 4.0 Terms and Conditions Statement Summary
4.1 Compliance to or deviation from RFP Terms & Conditions
Weighting 5%
Submission of a bid shall mean the Proponent agrees to all of the terms and conditions in this document. Any variation from these conditions should be clearly identified.
Provide details of any non-compliance with the stated terms and conditions below. Failure to answer all questions or provide the requested information may disqualify your
bid from consideration. Proponents are advised that all variations from stated conditions will be reviewed and MAY negatively impact the overall rating of their proposal.
State Section of RFP
State Term or Condition Number
State Explanation of Concern
Suggested Alternative
State Section of RFP
State Term or Condition Number
State Explanation of Concern
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Section 5.0 Proponent Acceptance Form
Conflict of Interest
The Agencies’ Conflict of Interest Policy governs all employees, physicians, and associates. Proponents are to respect the intent of this Policy and disclose any financial
transactions, activities or relationships that may be viewed as a real or potential Conflict of Interest. If, at the Agencies sole and absolute discretion, the Proponent is found to
be in a real or perceived conflict of interest either during the RFP process or after award of the Contract, or if there is an appearance thereof, the Agencies may, in addition to
any other remedies available at law or in equity, disqualify the Proposal submitted by the Proponent or terminate the Contract.
Proponents warrant that no financial or other benefit resulting from this RFP will be paid directly or indirectly to any Agency staff, physician, associate or consultant.
Statement of full Disclosure of Financial Contributions
Proponents should include all funding support (including gifts) if applicable that have been provided for the past three years. Failure to identify such support in this disclosure
document may result in cancellation of the contract or other contracts already signed and in force. (Proponents are to sign and return the form even if there is nothing to
disclose)
ESTIMATED TYPE OF
FUNDING SUPPORT
Capital Equipment
SITE OR LOCATION
DEPARTMENT
RECIPIENT
MARKET VALUE
Seminars
Travel
Supplies
Educational Support
Research Support
Drug Trials
Projects
Publications
Other
Major Donations
Other Funding
(specify)
Corporate Agreement
TOTAL
Attach additional details if necessary
We certify that we have read and understand the information provided in this RFP and all included and subsequent documentation. The information provided in our
submission is accurate and we agree to be bound by the all conditions, statements and representations contained herein.
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Section 6.0 Authorized Signature
Acknowledgment is hereby made of receipt and inclusion of the addenda provided during this RFP process.
Failure from the Proponent to provide signature below will result in immediate rejection of this submission. The person signing this document declares that they are duly
authorized signing authority with the capacity to commit their organization.
Executed this
day of
, 20YY
Authorized Signature
Company Name
Printed Name
Address
Title/Position
Phone/Fax
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Purchasing Standard Definitions Terms and Conditions
Definitions
“Agencies” are the Fraser, Providence and Vancouver/Coastal Health Authorities.
“RFP” means Request for Proposal
“"FH" means Fraser Health Authority
“Closing Time” is the date and time by which proposals must be received in order to be valid
“Contact Person” is the person to direct all communication in reference to the RFP
“Supply Agreement” means a formal written contract between the Agencies and a successful Proponent to supply the Products or
Services.
“Evaluation Committee” is the Agencies team responsible for selecting the best proposal.
“Proposal” means a proposal submitted in response to this RFP
“Proponent” means an entity that submits a response to this RFP;
“Products/Services” means the specified requirements detailed in the RFP
“RFP” means this Request for Proposals;
“Vendor, Supplier, or Contractor” means a Proponent that enters into an Agreement.
“must”, or “mandatory” means a requirement that must be met in order for a proposal to receive consideration;
“should” or “desirable” means a requirement having a significant degree of importance to the objectives of the Request for Proposal.
“PHC” means Providence Health Care Society
“VCHA” means Vancouver Coastal Health Authority.
Terms and Conditions
Accuracy of Bid Information – Agencies shall not be liable for errors or omissions in bid documents or in response to questions. All
reasonable effort is made to ensure accurate representation, RFP information is supplied solely as a guideline. The information is not
guaranteed to be accurate, comprehensive, or exhaustive. Proponents are responsible to conduct research in forming their opinions.
Proponents are responsible to ensure their proposal meets all requirements of the RFP and to request clarification of any ambiguities.
Acknowledgment – The Agencies will not accept any terms, conditions or reservations, customary or otherwise, subject to which the
seller may purport to sell, ship or deliver the goods, unless such terms, conditions or reservations have been specifically accepted in
writing. No modification of the terms and conditions of this order shall have any effect unless made in writing and signed by the
Agencies and the seller.
Advertisement- Proponents will not use the Agencies name, related logos, identification, or any of contents of this document in any
way without prior written consent from the Agencies.
Affiliated Facilities- may be independent entities and, may reserve the right to make independent awards.
Agreement on Internal Trade- (AIT) The Agencies are subject to the Agreement on Internal Trade –Annex 502.4 as of April 1, 2002.
An unsuccessful Proponent may appeal their status after a debriefing through the process identified in the AIT.
Amendments-Any proposal amendments must be made in writing, prior to the closing date.
Appendices-Appendices included with the bid document are considered a part of the document for all purposes.
Arbitration- Unless otherwise provided for, disputes arising in connection with the bid process and or contract must be referred to
and resolved by arbitration pursuant to the Commercial Arbitration Act. Any arbitration will be conducted in Vancouver, B.C.
Bid Opening- Submissions will be opened in private unless otherwise noted. The decision to hold a public opening is at the sole
discretion of the Agencies.
Bonding – The Agencies may require a Contractor provide a surety or performance bond
Business Registration- Successful Vendors may be required to register to conduct business in the Province of British Columbia.
Cancellation – The Agencies reserve the right to cancel contracts, Purchase Orders and or any procurement agreement due to breach
of contract, non performance, unacceptable substitution, conflict of interest, and or reduction of government funding.
Clear Title- Bidders warrant clear title to the commodities supplied and warrants them free of defects and indemnifies and holds
harmless the Agencies against any lawsuits, claims, or expenses related to, patent litigation, infringement, any liens, or any claims by
third parties.
Collusion - Proponents submitting proposals confirm, and the Agencies may rely on such confirmation, that their Proposal has been
prepared without collusion or fraud, and in fair competition with the other Proponents and their Proposals.
Committed Volumes – Quantities offered in our bid documents are intended to be committed (unless otherwise stated) volumes,
Proponents are to provide pricing accordingly. Proponent will indicate where additional discounts are available for increased volumes
or optional pricing for non- committed volumes.
Competitive Pricing – If lower pricing is offered to another Health Care Institution or Group during the term of the contract for similar
volumes, the vendor will reduce the cost to the Agencies to the same level. Proponents will disclose any current agreements that
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preclude them from offering competitive pricing. Vendors will not enter into agreements that preclude them from extending the
preferential pricing.
Confidentiality-Submissions provided in confidence shall so be honored. The only submission information the Agencies will release
will be as required under law. Awards exceeding ten thousand dollars ($10,000) may be posted on web sites. All information
received through the bid process is confidential. The agencies reserve the right to share information with government agencies as
they are required to disclose this information on an infrequent basis for the purpose of validating, value for money.
Contractor Damage to Facilities - Contractors are responsible for the cost of any damage to the facilities or contents caused by them
except for reasonable wear and tear.
Contractor Staff Conduct - Contractors shall require its employees providing services to adhere to Agencies workplace conduct,
harassment, and other relevant policies. The Contractor shall ensure any employees who do not follow the policies will not provide
Services and will be removed from the work site immediately. Failure to comply will constitute a breach and possible termination of
the Contract.
Contractor Staff Qualifications - Contractors will ensure their staff is competent, qualified, trained and supervised during the contract
term. Contractor staff may be required to a wear uniform.
Contractor Supplies and Equipment - Contractor’s shall provide all the appropriately approved equipment and supplies for the
performance of the services at the contractor’s expense. The equipment, and supplies used shall be in good working order and free
from defects.
Copyright & Patent-Vendor warrants that the goods or services furnished will not infringe any patent, or copyright The Vendor, will
defend the Agencies at its expense against all suits incurred by any such infringement. The Agencies reserve the right to produce
copies of Proponent submissions for internal distribution.
Criminal Records Check – Prior to contract start and at during the term of the contract Contractors will ensure they comply with the
requirements of the Criminal Records Review Act (“CRRA”).
Critical Items – Agencies may identify critical items in the bid documents, Proponents are to carefully assess availability of these
items when quoting lead times.
Delivery: - All deliveries are to be shipped ‘FOB Destination Vendor paid. Packing slips are to accompany every shipment. The
purchase order number and the contents are to be clearly identified. Vendors are to use authorized carriers that are compliant to all
governing regulations. All freight, packaging, crating, duty, brokerage, and freight insurance costs are the responsibility of the
vendor. Title to the goods will not transfer until received at our site and approved. Vendors are responsible for the removal and
appropriate disposal of all packaging and as necessary, setting the equipment in place.
Discretion Clause – If a Proponent submits a Proposal which does not satisfy every requirement as described in this RFP, the
Agencies at their sole discretion may, but are not required to waive such deficiency, may seek clarification or additional information
from the Proponent, and may consider and treat the Proposal as compliant with the requirements of this RFP.
Disaster Plan - If required, Contractors shall maintain a disaster plan acceptable to AGENCIES for the contract term. As a minimum,
the plan will include contingencies for power, communications, flood, earthquake, heat, water, ventilation, supply, services and labor
disruptions or failures. The Contractor will implement its disaster plan whenever required and shall be responsible for the costs.
Division of Contract Award-The Agencies reserve the right to award contracts to two (2) or more bidders if in the Agency’s sole
discretion that the awards provides best value.
Education and Training- All training required to effectively utilize, maintain, and repair the awarded products; equipment or services
will be provided at no cost.
Electrical Safety-All electrical equipment provided or used by a contractor in the contract is to have the appropriate certification (i.e.
Canadian Standards Association (CSA). Any costs to obtain certification will be paid by the Vendor.
Electronic Dating Capability- The Bidder warrants no cost, fault-free, performance of equipment and systems that will process dating
requirements up to 2008 inclusive.
Emergency Response Plan - If required, Contractors shall maintain in effect an acceptable emergency response plan for the contract
term. As a minimum the plan will include chemical spill management, WHMIS, outbreaks of infectious diseases and other
emergencies. The Contractor will implement its emergency response plan whenever required and shall be responsible for the costs
Entire Agreement - The RFP, Purchase Order and or the Contract with any portion of the proposal referenced constitutes the entire
agreement between the parties. The parties confirm there are no prior collateral agreements, representations or terms forming part
of this Agreement.
Firm Pricing –Pricing is fixed for the Contract term and not subject to adjustment unless provided for in the Contract
Force Majeure – If either party fails to perform due to a Force Majeure event, that failure will not be deemed a contract default. The
party affected will immediately notify the other party and make all reasonable efforts to minimize the impact. The contract term will
be extended by the resulting period of delays. If necessary, parties will suspend or curtail their operations in a safe and orderly
manner. “Event of Force Majeure” means any unavoidable and or uncontrollable event which prevents the performance by either
party of any of its obligations including (but not limited to) explosion, fire, accidents, epidemics, cyclones, earthquakes, floods,
droughts, war, civil commotion, blockade or embargo. The following are not Force Majeure events lack of or insufficient financial
resources to pay monetary obligations, increases in commodity prices, inability to obtain labor, equipment or materials, strikes,
lockouts or other labor disputes.
Freedom of Information and Protection of Privacy Act (“FOIPPA”). The Agencies are subject to FOIPPA, which governs the collection,
use, retention, security and disclosure of personal information, including requirements to ensure that storage of and access to
personal information remains within Canada. Personal information as defined in FOIPPA is any recorded information about an
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individual, including name, home address and medical history. There are limited exceptions such as workplace contact information.
The proposed Agreement will include the obligations set out in the AGENCIES Privacy and Protection Schedule attached to this RFP
or a schedule substantially similar thereto, which will apply to the Vendor and any subcontractor. Nothing in that schedule shall limit
the obligations of the Vendor, and its subcontractor, to comply with the requirements of the Agencies or to other applicable laws,
including the Personal Information Protection Act.
All Proponents should provide, in their response, information about their Personal Information protection policies, explaining how
they, and any subcontractor they propose to use, will comply with FOIPPA and the Agencies Privacy and Protection Schedule.
FOIPPA also includes provisions that may require the disclosure of records held by the Agencies, including the Proponent’s
submission in response to this RFP. The Agencies acknowledge that the submission includes information that is commercially
sensitive and that its disclosure may be harmful to the business interests of the Vendor as contemplated by section 21 of FOIPPA,
and accordingly the Agencies shall keep such information confidential to the greatest extent permitted under FOIPPA and prior to
any release of such information under FOIPPA shall give the notices to the Proponent as required there under.
Governing Law- The RFP and any contract resulting from the bid process will be governed by the laws of British Columbia and
Canada.
Hazardous Material-Vendors are to classify controlled materials, adequately label the containers and supply Material Safety Data
Sheet for WHMIS regulated commodities. Vendors are to also meet any regulations stipulated by an authority of pertinent
jurisdiction.
Headings - The insertion of headings in this RFP are for convenience only and shall not affect the interpretation.
Implementation / Termination Plan – If required, prior to the start of the contract, the Contractor shall submit an implementation and
termination plan which address all requirements to achieve a seamless transition to and from the goods and or services proposed.
The Contractor will adjust the implementation plan as required from time to time.
Included Words- Wherever the singular or masculine is used, the same will be deemed to include the plural or the feminine or the
body corporate.
Indemnification-The Vendor shall indemnify and hold harmless the Agencies, its’ employees and officers, agents or authorized
contracted service personnel from and against all claims, demands, losses, damages, costs, expenses and actions made against or
incurred, suffered or sustained, whatsoever that may arise directly or indirectly out of any act or omission of the Vendor, its
employees or agents, in the performance of this agreement. Such indemnification shall survive conclusion of this agreement.
Independent Audit – The Agencies may at their cost retain an independent third party to conduct inspections to verify that the
Services are being performed in accordance with the terms of the Contract and to ensure supplies and equipment conforms to the
required specifications.
Independent Contractor - The parties are independent contractors. The Contract does not establish any joint venture or relationship
as partners, employer and employee, master and servant, or principal and agent.
Industry Meanings- Words and phrases used in the RFP, RFQ or RFT or the Contract that have acquired special meanings in the
health care industry will be so interpreted.
Infection Control - The Contractor shall have the sole responsibility for the safety of its employees and shall ensure all its employees
performing Services are fully compliant with all policies, quality standards, rules and regulations relating to infection control. The
Contractor shall ensure its workers are vaccinated to Health Canada Guidelines and provide documentation of immunization records
when requested
Inspections – The Agencies retain the right to conduct announced and unannounced inspections to verify services are being
performed in accordance with the terms of the agreement.
Installation – Related to any Fixtures or Capital Equipment or Minor Equipment to support the supply agreement. Installations may
include but are not limited to: Provision of technical drawings, engineering specifications, templates, mounting plates. Identification
of infrastructure changes such as power and or data wiring, plumbing, HVAC, structural, seismic, etc. Confirmation of installation
date, on-site set up and commissioning, connection to services, testing and training. Removal and disposal of all crating. Vendors are
responsible to provide details of all required renovations such as doorways, floors, ceilings or walls and are to confirm that their
equipment can be delivered to the installation point from the receiving dock. All installations are to comply with Medical Industry
standards, Municipal, Provincial and National Building codes, Seismic, and Electrical requirements and the vendor is to certify that all
requirements have been met. All necessary permits, inspections and associated costs are the vendor’s sole responsibility.
Insurance – Prior to commencing any work, without limiting liabilities, Contractors will insure their operations under a contract of
comprehensive or commercial general liability blanket, contractual liability and automotive liability, with an insurer licensed in British
Columbia, in an amount not less than $2,000,000 (two million dollars) per occurrence, insuring against bodily injury, personal injury
and property damage including loss of use. If requested contractors will provide a copy of the Certificate of Insurance coverage.
Each Agent is to be added as an "additional insured". In the event of an insured event, the Agent will be paid directly by the insurer
of the Contractor.
Intellectual Property Rights –The Agencies will be the owner of the intellectual property rights, including patent, copyright,
trademark, industrial design and trade secrets in any product developed through the Contract. Licensing and marketing rights to the
developed product will not be granted to the Contractor unless otherwise negotiated.
Inventory Requirements – Vendors are expected to carry 30 days inventory in stock based on the Agencies projected requirements.
This inventory should be in place prior to commencement and during the term of the contract
Invoices - Vendors are to invoice in duplicate, to the address identified in the Contract or Purchase Order. The invoice is to show the
purchase order number and an itemized list of goods or services in the same sequence as the PO, approved charges for GST, PST,
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freight, postage, insurance, crating or packaging, etc. are to be shown as separate line include a contact name and phone number.
Agencies will not be in default of terms if the delay is due to incorrect invoicing.
Invoice Payment – Full payment shall not be made until the entire order, as described in the Purchase Order has been received and
accepted or as otherwise negotiated or noted in the Contract.
Legal Counsel - The Contractor confirms independent legal advice has been sought prior to entering into this Agreement.
Liability- The Vendor shall be responsible for any and all damages and claims for injuries or accidents done or caused by him or his
operations or by his employees or his agents, or from any failure, neglect or omission on his part or his employees and covenants
and agrees to hold the Agencies harmless and indemnified from and against all such damages and claims for damage.
Limitation of Liability -By submitting a Proposal a Proponent expressly acknowledges and agrees that: the Agencies, the Participating
Facilities and their respective employees, contractors, consultants and agents, will not under any circumstances, including without
limitation, whether pursuant to contract, tort, statutory duty, law, equity, any actual or implied duty of fairness, or otherwise, be
responsible or liable for any costs, expenses, claims, losses, damages or liabilities (collectively and individually all of the foregoing
referred to as "Claims") incurred or suffered by any Proponent as a result of or related to the RFP, the preparation of a Proposal, the
evaluation of Proposals, acceptance or rejection of any compliant or non-compliant Proposal, breach of any obligations arising under
this RFP, negotiations for a Contract or the cancellation, suspension or termination of the RFP process; the Proponent will be
conclusively deemed to waive and release the Agencies, the Participating Facilities and their employees, contractors, consultants and
agents, from and against any and all such Claims.
License and Registration- All Vendors or bidders are to be incorporated and have obtained licenses where required by legislation.
Corporations submitting proposals shall be registered in the Province of British Columbia.
Medical Device & Distributor Licensing - Medical Equipment must have a valid Medical Device License issued by the Therapeutic
Products Directorate of Health Canada for Class II, III and IV medical devices. Medical Device Distributors or Manufacturers, foreign
or domestic, must have an Establishment License from Health Canada. For more information http://www.hc-sc.gc.ca/hpbdgps/therapeut/htmleng/md_lic.html
New Technology- If new products or technology replace items on contract, no charge samples will be made available for evaluation.
If accepted, the new products may be substituted at the original contracted price. Proponents are obligated to provide information
on new technology that has or will supersede the products being quoted. Should the proposed products or equipment be superseded
between the closing date and subsequent award, the vendor is required to provide the cost and technical information and on the
new model. Agencies reserve the right to obtain the ‘older’ model at a reduced cost. If the Proponent is aware that a new model is
being released within a year of the award date, they should provide this information in their submission.
Packing Slips - All shipments are to be accompanied by a packing slip which includes the purchase order number clearly identified.
Items shipped are to be in the same order as the Purchase Order and back orders are to be clearly identified
Payment Holdback-The Agencies may hold back a portion of the contract price until all requirements are completed.
Performance Bonus and Penalties - Agencies and the Contractor may negotiate incentive bonus and penalties programs prior to the
commencement of the term. Any such program will be included as an appendix to the Contract.
Permits and Licensing - The Contractor is responsible, at its cost, for obtaining and maintaining all required permits, approvals and
licenses which may be required and shall require all of its employees, agents and sub-contractors to comply with all applicable law of
any authority having jurisdiction.
Precedence of Documents-Agencies documents (RFP, Purchase Order, Contract and Terms and Conditions), shall take precedence
over any Proponent documents.
Pricing/Offers – Proponents are to provide pricing as and when required in bid documents and inquiries initiating from Purchasing
only. Proponents are not to provide pricing to other departments without informing Purchasing first.
Product Support – Proponents are to clearly indicate how products or equipment are to be supported. This is includes sterile
processing, cleaning, storage, preventative maintenance or other forms of support.
Quality Improvement - Vendors are expected to continuously develop and implement improvements in the performance of their
products and services through process and utilization enhancements. Identified performance, improvements and efficiencies will be
assessed by the Agencies as to whether the proposed improvements may be implemented without compromising utilization or
service standards. If approved, the Contractor will implement the improvements for the benefit of the Agencies
Returns and Unapproved Alternates - Damaged, defective, incorrect, (unapproved substitutions) or substandard product or
equipment, will be returned to the Vendor for replacement. The Vendor will be responsible for all costs associated with the return
and replacement. This includes all freight, packaging and handling costs. Restocking charges will not be accepted.
Samples - Sample products may be required for evaluation. Samples are to be provided by the Proponent at no cost. Any unused
samples are to be picked up by the Proponent when requested. Samples may be evaluated form competitors during the contract
term in quantities up to 10% of the total contracted volume.
Services - Contractors shall provide continuous and uninterrupted Services performed to a standard of care, skill and diligence to the
highest commercial standard available in the marketplace. All Services or materials required for the proper performance of the
Contract which are not expressly or completely described shall be deemed to be implied and required. Contractors shall furnish them
as if they were specifically described in the Agreement
Severability - Each provision of any agreement is intended to be severable and if any provision is determined by law to be illegal,
invalid, or unenforceable then that provision shall be severed from the document and will not affect the legality, validity or
enforceability of the remaining provisions.
Software-Proponents submitting proposals that incorporates software may be required to place the machine readable source code in
escrow. The Proponent warrants the Agencies will have all licenses required to use any software provided.
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Subcontracting – The Contractor will not assign this Agreement or enter into any subcontract for any of the Services without the
prior written consent. The approval of a subcontractor will not create any contractual relationship between the subcontractor and
Agencies. The Contractor agrees to bind every subcontractor to the terms and conditions of the Agreement which is applicable to the
work to be performed by the subcontractor.
Substitutions – Proponents are to identify substitute products that can be accessed in the event of back orders. Vendors will not
substitute products or services without prior consent. If substitutions have to be acquired from another source, the contracted
vendor will reimburse any additional costs incurred.
Taxes-The Agencies are subject to Provincial Sales Tax and the Goods and Services Tax. Proponents are to specify the tax status of
the goods/services/equipment being quoted for both the GST and PST.
Time- Time is the essence of the contract.
Vendor Expediting – Vendors are expected to advise the Agencies of supply issues as soon as possible prior to the expected delivery
date. Vendors are also expected to have a plan to mitigate these issues wherever possible.
Vendor Performance – Vendors will be assessed on their ability to deliver goods, services and equipment based on consistently filling
orders of the correct quality, and quantity on time. Continual transaction and documentation errors and recurring back orders and
substitutions constitutes non performance. Where performance is an issue the vendor will be given 30days written notice to rectify
the non performance issue. Non performance and or breach of other terms of the agreement may lead to the cancellation of the
contract.
Waiver - A waiver of a breach or default under the Contract shall not be a waiver of any other breach or default. The failure of a
party to enforce compliance with any term or condition of the Contract shall not constitute a waiver of such term or condition
Warranties – Vendors and Contractors warrant that all services will be performed to a standard of care, diligence and skill of
competing suppliers. Products and equipment provided will meet or exceed the specifications required and are fit for the purpose
intended. Warranties for products services and equipment shall extend for no less than a period of twelve (12) months after delivery
and acceptance.
WCB Certification - Contractors will comply with all Workers Compensation Act (British Columbia) requirements and maintain during
the term all coverage for the Contractor and its employees and provide a WCB clearance letter. Contractors shall comply with all
applicable law including the Labour Relations Code, Workers Compensation Act (British Columbia), the Employment Standards Act
(British Columbia), the Occupational Health & Safety Regulations and Human Rights Code as amended from time to time
Working Language- The working language of the AGENCIES is English and all documents and communications will be in English.
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