Fraser Health Laboratory Routes
Request for Proposals
RFP Number: 100RFP09EPA
RFP Name: Fraser Health Laboratory Routes
RFP Issued: October 26, 2009
RFP Closing Date: November 17, 2009 - 14:00 hours Pacific Time
INTENTION TO SUBMIT A PROPOSAL
Proponent Name (please print)
Proponent Contact name
Phone number
Fax number
Address
I will attend a Pre-Bid meeting if held (Yes/No)
Yes
No
IF YOU INTEND TO SUBMIT A PROPOSAL, IMMEDIATELY COMPLETE THIS PAGE AND FAX TO THE RFP CONTACT BELOW
RFP Contact: Elena Alvarez
Address 8521 – 198A Street
Address Langley, B.C.
Phone 604-455-1301
Fax 604-455-1311
E-mail: elena.alvarez@fraserhealth.ca
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Table of Contents
General Information .................................................................................................................................................... 4
Introduction ............................................................................................................................................................ 4
Profile of the Fraser Health Authority ............................................................................................................................ 4
Overview of FHA Laboratory Serviceshttp://fhaweb/Programs+and+Services/Strategic+Services/Laboratory/default.htm . 5
RFP Objective .......................................................................................................................................................... 6
Section 1.0 Submission Instructions .............................................................................................................................. 9
1.1
1.2
1.3
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
Intention to submit a proposal .......................................................................................................................... 9
Closing Date and Location: ............................................................................................................................... 9
Submission Format ........................................................................................................................................... 9
Delivery Address ........................................................................................................................................... 10
Proposed RFP Schedule .................................................................................................................................. 10
Award Term .................................................................................................................................................. 10
Contact, Inquiries & Submissions ..................................................................................................................... 10
Lobbying ....................................................................................................................................................... 11
Proposal Questionnaire .................................................................................................................................. 11
Verbal Communication ................................................................................................................................... 11
Proposal Acceptance Period ............................................................................................................................ 11
Proposal Amendments/ Withdrawals ............................................................................................................... 11
Ownership of Proposals – Proponent costs ....................................................................................................... 11
Closing Date – Extension................................................................................................................................ 11
Late Proposal Submissions- ............................................................................................................................ 11
Signed Acceptance Forms .............................................................................................................................. 11
RFP Cancellation ........................................................................................................................................... 11
Section 2.0 Evaluation and Award Process ................................................................................................................... 12
2.1 Evaluation Committees ................................................................................................................................... 12
2.2 Evaluation and Selection ................................................................................................................................. 12
2.3 Evaluation Criteria .......................................................................................................................................... 12
2.4 Standardization .............................................................................................................................................. 13
2.5 Equivalent Alternates ...................................................................................................................................... 13
2.6 Unsuccessful Bids ........................................................................................................................................... 13
2.7 Debriefing ..................................................................................................................................................... 13
2.8 Selection Processes ........................................................................................................................................ 13
2.9 Pre-Bid Meetings ............................................................................................................................................. 13
2.10 Prequalification ............................................................................................................................................. 13
2.11 Trade Shows ................................................................................................................................................. 13
2.12 Proponent Presentations ................................................................................................................................ 13
2.13 Proponent Demonstrations ............................................................................................................................. 14
2.14 Site Visits ..................................................................................................................................................... 14
2.15 In Use Evaluations......................................................................................................................................... 14
2.16 Specialist Consultants .................................................................................................................................... 14
2.17 Probationary Periods ...................................................................................................................................... 14
Section 3.0 Proposal Questionnaire............................................................................................................................. 15
3.1
3.2
3.3
3.4
3.5
Approach and Methodology ............................................................................................................................. 16
Corporate Strength......................................................................................................................................... 18
Financial........................................................................................................................................................ 20
Value Add........................................................................................................................................................ 22
Environmental Considerations ........................................................................................................................... 24
Section 4.0 Terms and Conditions Statement Summary ................................................................................................ 25
4.1 Compliance to or deviation from RFP Terms & Conditions .................................................................................... 25
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Section 5.0 Proponent Acceptance Form Conflict of Interest.......................................................................................... 26
Section 6.0
Authorized Signature ............................................................................................................................. 27
Purchasing Standard Definitions Terms and Conditions ................................................................................................. 28
Definitions ............................................................................................................................................................ 28
Terms and Conditions ............................................................................................................................................ 28
Section 7.0 Standard Contract ................................................................................................................................... 31
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General Information
Introduction
HEALTH AUTHORITIES SHARED SERVICES
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 (BCHASSO) is owned by its Members, the six
Health Authorities (HA’s), and supported by the BC Ministry of Health. The BCHASSO 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 BCHASSO’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 BCHASSO 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 (“BCHASSO Administration Society”).
The BCHASSO 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 BCHASSO, 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 BCHASSO 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.
Profile of the Fraser Health Authority
The Fraser Health Authority serves a geographic area that stretches from Burnaby to Boston Bar incorporating over 1.5 million
people, and growing every day. Our main focus is the patient. We strive to ensure that each resident of the health authority has
access to quality care when they need it. Our quality health care services range from acute care hospitals to community-based
residential, home health, mental health and public health services. Our services are provided through an integrated network of
owned and operated facilities, affiliated organizations with autonomous boards, and contracted facilities and agencies.

Oversees the operation of 12 acute care hospitals, with a total of about 1,863 acute care beds

Maintains about 7,000 community residential beds

Total population of 1.5 million (about 1/3 of British Columbia's population)

Twenty-eight percent of the Fraser Valley population is considered rural.

Encompasses 20 municipalities and a number of smaller communities that make up the Greater Vancouver Area to the east and
south of Vancouver.

About 22,000 staff; 2,000 doctors

393,070 emergency visits (03/04 fiscal year)
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The Fraser Health Authority is comprised of the following health areas:
(Fraser North)
Servicing: Burnaby, New Westminster, Coquitlam, Port Coquitlam, Port Moody, Anmore, Belcarra, Pitt Meadows, and Maple Ridge
(Fraser South)
Servicing: Delta, Langley, Surrey, and South Surrey/White Rock
(Fraser East)
Servicing: Abbotsford, Chilliwack, Mission, and Hope
This Request for Proposal (RFP) is being issued on behalf of the Fraser Health Authority, which is the largest fully integrated, publicly
funded Health Area within the Province of British Columbia, Canada.
www.fraserhealth.ca
Overview of FHA Laboratory
Fraser Health Laboratory Services are provided as an integrated, consolidated, standardized and connected service for acute care,
subacute care, extended care, mental health and community from Burnaby to Boston Bar. Fraser Health Laboratory Services cover
comprehensive areas including histopathology, cytology, medical biochemistry, transfusion medicine, hematopathology, medical
microbiology, cytogenetics and forensic pathology.
The level and scope of the service is directly related to the clinical need of each individual site. There is On Call 24/7 for all areas of
Laboratory Medical services. The Laboratory Medicine and Pathology services are also standardized, through professional groups, to
community practice for uniform patient care. The service also participates in the training of medical laboratory technologist,
assistants, interns and residents for Fraser Health.
Accessioning: The Accessioning areas are responsible for the preanalytical procedures such as phlebotomy, specimen procurement,
specimen preparation and distribution. Some of the other services provided by the technical and clerical staff include specimen
shipping and receiving, lab reports and results and outpatient services. In most FHA lab sites our Accessioning staff are our front line
staff responsible for patient and client contact.
Anatomical Pathology: The Histopathology (Surgical Pathology) Service concerns itself with the examination of tissues, the cytological
content of body fluids, and fine needle aspiration biopsies. These specimens may be obtained at surgery, in the Emergency
Department, on the wards or in the Morgue.
Biochemistry: The Medical Biochemistry service provides analysis on blood, urine and body fluids. General chemistries including blood
gases, cardiac markers and urinalysis are provided at all sites with emergency facilities and where clinical need exist. Speciality
chemistries like endocrinology, specific proteins, comprehensive toxicology and cancer markers are centralized. The service is fully
integrated and standardized within Fraser Health Authority.
Hematology: The Hematology Service provides diagnostic tests for the study of diseases related to formed blood elements and blood
clotting proteins. This includes blood cell counts, microscopic examinations, coagulation tests, autoimmune diseases and special
studies for the investigation of various anemias, bleeding and clotting disorders.
Laboratory Information Services (LIS): Lab Information Services (LIS) provides a solid technical foundation on which to support the
needs of all health care personnel that use or require lab information. The role of LIS is integral to managing lab data internally and
externally to Fraser Health. Each health area is staffed by LIS Coordinators who provide the expertise for maintaining and expanding
the efficiencies of electronic connectivity.
Microbiology: The medical Microbiology service examines and cultures specimens for microorganisms, to make accurate species
identification of important isolates and to perform antibiotic susceptibility tests when indicated.
Transfusion Medicine: The Transfusion Medicine Laboratory (TML) provides patient testing for the purpose of blood groupings,
screening for blood antibodies and cross-matching blood components for routine and emergency transfusions. They also perform
serological testing for the diagnosis of immune disorders.
Feel free to ask questions of the RFP contact; we want every proponent to have the opportunity to provide their best offer. Thank
you for your time and investment in this process.
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The FHA Laboratory serves is as follows:
ARH - Abbotsford Regional Hospital
Fraser East
CGH - Chilliwack General Hospital
FCH - Fraser Canyon Hospital
Glab - Gateway Medical Laboratory
Slab - Sardis Laboratory
MMH - Mission Memorial Hospital
Fraser North
BH - Burnaby Hospital RCH-Royal Columbia Hospital
ERH - Eagle Ridge Hospital
RCH - Royal Columbia Hospital
RMH - Ridge Meadows Hospital
RVH - Riverview Hospital Lab
Fraser South
DH - Delta Hospital SMH-Surrey Memorial Hospital
LMH - Langley Memorial Hospital
OCP - Ocean Park Laboratory
PAH - Peace Arch Hospital
SMH - Surrey Memorial Hospital
RFP Objective
Our objective in issuing this RFP is to identify whether it would be feasible to have one vendor for all Fraser Health Authority
laboratories courier services who may become a supplier by entering into an agreement with the Agencies representing the
participating facilities for the supplies, services, or equipment offered in this document.
Background Information
Fraser Health Authority is currently utilizing a variety of vendors for transportation of laboratory specimens and lab supplies.
It is expected that a preferred vendor would allow the Fraser Health Authority laboratories to address the following issues:
(a) Inconsistent and non-standardized application of service levels
(b) Users sometimes use more costly shipment methods than may actually be required (e.g. “Super Hot” versus “Rush”)
The existing distribution network has developed over time to support the operational needs of each FHA laboratory. This RFP
represents the desire of FHA laboratories to review, re-design and optimize the entire Fraser Valley distribution network with a view
to eliminating duplication and waste, leveraging it’s scale and reducing costs. Over the course of this contract there will likely be
delivery sites added to schedules. There is also the possibility that the structure of laboratory runs will change over time. The
successful Proponent will be advised of the ongoing changes within a reasonable length of time to adjust schedules/routes if need
be.
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Current State Overview
This section provides an overview of the current state of outbound distribution from Fraser Health Laboratory services.
A. Current Service Providers
Transportation services to the Fraser Health Laboratories are currently provided by several different service providers.
1.
Same-Day Local Courier Services
a.
Scheduled Mail Runs
b.
Ad-hoc Local Couriers (various lead-times)
The majority of shipments are made by mini-vans. Distribution of goods is generally self contain in courier boxes or coolers. The
dimensions of the majority of containers are 20” W x 24” D x 16” L; some are smaller.
B. Nature of Goods
The goods shipped from the laboratories are general self contain human specimens, envelops and some laboratory supplies. Some
products are classified as Dangerous Goods under the terms of the Transportation of Dangerous Goods Act. The Fraser Health
Authority will therefore require any future transportation service provider to be qualified to distribute dangerous goods class 6.2
C. Volumes & Delivery Points
The total volume of goods shipped varies slightly Monday to Friday with less volume on the weekends. On a daily basis the volume
from each laboratory is approximately two containers per run (30 lbs) except for RCH to Vancouver that is approximately six
containers (60 lbs).
The Fraser Health Laboratories operate during normal business hours with some shipments after business hours. The delivery
schedules indicate (as attached Appendix 2-South, North, East and Largest Sites) the delivery requirements per site for each day of
the week. This schedule will apply to all statutory and public holidays. It is important that this operational need is factored into the
prices submitted to provide the services.
D. Service Level
The Nature of the service is time sensitive and the Agency requires an on time pick up and delivery performance of at least 98% with
maximum waiting time of 15 minutes.
Goals / Objectives
The Fraser Health Laboratories are seeking to establish long term partnerships with transportation service providers that have a
demonstrated track record of excellence in their industry. The Fraser Health Authority will expect potential service providers to
demonstrate their organizations track record of excellence through their response to this RFP in a number of areas. These will
include, but not be limited to, the following attributes:





Efficiency
Reliability
Cost control
Innovation
Environmentally responsibility
Guiding Principles
This section outlines the guiding principles the FHA is following in releasing this RFP and an overview of the expected outcomes.
The preference of the FHA is to establish a long term partnership with a single partner to provide transportation services across the
Fraser Valley. This could result in an exclusive committed volume contract over a term of approximately five years. It is expected
that this long term commitment will allow potential partners to make the necessary investments in people and fleet to ensure an
outcome that has the greatest benefit for the FHA. If the FHA can realise more value by splitting the award, this course of action will
be followed.
The FHA does not wish to be prescriptive in how the services should be provided. Instead we will provide as much information as
possible regarding the scope of the services, known constraints and service level expectations. Within these guidelines, we are
looking for respondents to submit innovative solutions that demonstrate how they envisage meeting the needs of the FHA.
Further to the above point, the FHA Laboratory services’ vision is a transportation network that minimises the number of trips to
each delivery point on a daily basis. To align with the required turn around time on orders and the operational schedules of the
laboratories, the FHA requires that the majority of goods will be distributed all year round including weekends and holidays.
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The FHA will require any partner to demonstrate a commitment to continuous improvement in operational standards as well as
increased value for money. In return, the FHA will offer mutual gain share opportunities.
Any partner must demonstrate that they understand the critical nature of the role they may play in the Fraser Valley Healthcare
Supply chain and that they are able to provide the services accordingly.
Given the nature of the Transportation industry the FHA will consider subcontracting of the services, subject to restrictions. In all
circumstances, the FHA will hold the primary contractor solely responsible for performance standards and compliance.
The FHA will require a phased implementation to any potential new service provider. This is partly to reduce risks and ensure
continuity of service but also to determine needs for the routes. At a high level service the implementation for all routes would be
implemented by December 2009.
Instructions
In developing this RFP the FHA has attempted to fully explain the nature of the services it is seeking and how it will assess
responses. This section of the document sets out our recommended approach to reviewing and assessing the various supplementary
documents and information that are included as part of this RFP.
In each Proponent’s response, the FHA is expecting two key sets of documentation:
1. Three written responses, one in electronic format, to all questions in the Proponent Questionnaire in sections 3.1 to 3.5 of this
document and of every Route Design & Pricing Sheet created by each Proponent.
The purpose of the Route Design & Pricing Sheet is to provide a standardized format for all respondents to outline how they will
manage the distribution of goods if they are the successful Proponent. In order to properly complete the Route Design & Pricing
Sheets, each Proponent should carefully study the following documents:
Appendix 1 – Delivery Location Details (Attached)
This document lists every delivery location covered in this RFP; it provides the precise delivery address as well as important
information on access restrictions that will be important considerations when selecting the most appropriate type of vehicle to
perform the service.
Appendix 2 – Collection & Delivery Requirements – South Fraser (Attached)
This document summarises when the specimens for each laboratory will be ready for pick-up from the South, North, East and
Largest Sites, the anticipated size of each load and the deadline for the delivery of each load.
The majority of routes are considered as time sensitive shipments taking place during the day with some shipments during night
time.
Appendix 3 – Fuel Surcharge Table – (Attached)
The Agencies recognize the significance of the cost of fuel in controlling the rates potential service providers may submit. This
document is intent to manage the volatility in the price of fuel in a way that is fair & equitable and that minimizes the administration
workload. Please fill out this table.
Appendix 4 –Route Design & Pricing Sheet (Attached)
Once the delivery locations, collection times, delivery deadlines, volumes & site restrictions are understood, it is expected that each
Proponent will design routes that will support the most cost effective means of distributing goods across the Lower Mainland.
Each Proponent is expected to document each route they will operate by completing Appendix 4 - Route Design & Pricing Sheet in
full.
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Section 1.0 Submission Instructions
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 14:00 HRS (2:00 pm) Pacific Time on November 17, 2009 at the delivery address noted in section 1.5
of this RFP.
1.3 Submission Format
Provide one original, 3 paper copies and one electronic copy. 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
6.0
Mandatory Criteria
The Proposal including questionnaire and Pricing must be submitted
no later than 2:00 p.m. local time
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.
Other
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1.5
Delivery Address
MAIN DELIVERY ADDRESS
Fraser Health Authority
Support Services Facility
Reception
8521 198A Street
Langley, BC V2Y 0A1
CONTACT INFO
Shelley Adams, Procurement Manager
Phone: 604.455.1301 extension
741205
e-mail: shelley.adams@fraserhealth.ca
Brian Klassen, Senior Buyer
Phone: 604.455.1311 extension 741463
e-mail: brian.klassen@fraserhealth.ca
or
Elena Alvarez, Buyer
Phone: 604.455.1301 extension 741510
e-mail: elena.alvarez@fraserhealth.ca
RFP #100RFP09EAP
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.
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
October 26, 2009
Proponent Pre Bid Meeting if required
Close Date for Questions
RFP Close Date
Evaluations
Proponent Presentations if required
Award Date
TBA –
November 6, 2009 14:00 hours Pacific time
November 17, 2009, 14:00 hours Pacific time
Week of November 23, 2009
Week of November 25, 2009
November 27, 2009
1.7 Award Term
The Agencies are looking to Proponents to supply award terms for committed volumes, for a term of 5 years plus 3 (three) 1 (one)
year options
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 SubmissionsSubmissions 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.
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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 favourable performance evaluations may be given preference. The
Agencies reserves 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 (%)
Evaluation Criteria
Approach and Methodology
30
Corporate Strength
10
Financial
45
Value Added
5
Environmental considerations
5
Compliance to or deviation from RFP Terms & Conditions
5
TOTAL
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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 Pre-Bid Meetings
Pre-Bid meetings will be held if there is sufficient interest indicated on the Intention to Submit a Proposal Form. Meetings may be
recorded and transcribed and provided to bidders. The Issue date is the date the RFP is posted on the Website. Site Installation
meetings are optional; however, if there are site meetings, attendance may be mandatory or discretionary and are based on the
complexity of the installation and requirement for renovations and or “turn key” installations.
2.10 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.
2.11 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.
2.12 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.
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2.13 Proponent Demonstrations
Proponents will demonstrate the operation or use of equipment or supplies; and the Agencies’ evaluation staff will have an
opportunity for hands on experience. This demonstration will not be in a clinical or “in use” setting.
2.14 Site Visits
Provisions will be made for Proponents to visit each site if sufficient interest is received. 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). A maximum of two persons per submission will be permitted, for two
committee members. Any additional members will be at the Health Authorities expense. References will be confirmed and the visit
scored accordingly.
2.15 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.
2.16 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.
2.17 Probationary Periods
Where other processes may not completely demonstrate the viability of the services, 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:
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Weighting 30%
3.1 Approach and Methodology
Meeting and or exceeding specifications, overall approach, quality, safety, reliability, expansion capabilities, warranties and/or guarantees.
3.1.1
Describe how the Proponent will provide the services outlined in this RFP, including a project plan for the completion
of the services, completed to a level of detail that will demonstrate the approach to be taken by the Proponent in the
provision of the services. Detail how your firm will utilize their individual personnel during the proposed term of the
service agreement. State any assumptions as to the utilization of the Agency resources required to be utilized in the
support of the Proponent's performance of the services. Please indicate the date when you will be ready to start this
service.
3.1.2
Can your firm meet all of the objectives as identified in this RFP? If not, indicate what you cannot provide and why?
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 subcontractors approved, in writing, by the Agencies may be utilized in the performance of the services.
3.1.4
Describe how your firm will implement the services including timelines, personnel requirements (Agencies' and your
firm's personnel), equipment and/or supplies required, etc.
3.1.5
Describe the factors that will influence your success or failure in providing your proposed services.
3.1.6
Describe how your firm is a leader in providing these services and how it will work with the Agencies to build and
implement "best practices" and "continuous improvements" in the healthcare environment in respect of the services.
3.1.7
Describe the Agencies responsibilities that will contribute to the successful delivery of your proposed services.
3.1.8
Describe any barriers that your firm has encountered with previous contracts and what your firm did to eliminate
them.
3.1.9
Provide your firm's view on how "performance” should be measured from both a financial and a service quality
perspective.
3.1.10
Describe and provide samples of your firm's contract reporting practices in terms of billing summaries, capabilities
standards and requirements.
3.1.11
The Agency support performance based pricing models that ensure target outcomes are met and accountability is
maintained. Outline how your firm supports this principle with respect to bonuses for superior performance and
penalties for non-performance.
3.1.12
The Vendor must provide a copy of their firm's Emergency/Pandemic contingency plans that ensure continuity of
service in the event of an Emergency, Pandemic or Disaster.
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3.1.13
The Vendor must provide a copy of their firm’s contingency plan in the event a scheduled delivery/pick up is delayed
due to an auto accident, severe weather, auto failure, major traffic jams, or road closures.
3.1.14
Do you provide toll free telephone service support or web support? What is average and guaranteed response time
to an initial contact? What are hours of operation stated in Pacific time?
3.1.15
Do you have any geographical boundaries for your services? If yes, provide details.
3.1.16
The Vendor’s drivers must be insured, licensed and bonded. As per attached Purchasing Standard Definitions Terms
and Conditions, in accordance to the Criminal Records Review Act. Please confirm this is the case for your drivers.
3.1.17
The vendor will warrant that their staff will perform their duties professionally, communicating in a proper, courteous
and intelligible manner with all Health Authority staff and will project a professional appearance at all the times. This
will include but not limited to having visible Company Identification while on any Health Authority Property, ideally
uniforms clearing indicating the Vendors name/logo
3.1.18
Does your company can ensure the 98% on time delivery? How does your company measure this KPI?
3.1.19
The Vendor must ensure goods are free from any potential source of cross contamination. If Proponents are not
intending to provide dedicated vehicles, please explain how they will ensure vehicles are always clean and free from
any potential cross contamination source.
3.1.20
Identify any critical items that are required by your firm to provide the services. Describe how your firm will ensure
an ongoing supply of these critical items.
3.1.21
The vendor shall comply with applicable federal, provincial and municipal laws and regulations covering the
transportation of dangerous goods and biological materials, including but not limited to the Transport of Dangerous
Goods Act BC and applicable regulations and heath safety standards. TDG 6.2 is required. Describe if your firm meet
this requirement.
3.1.22
Provide a copy of standards for which drivers are required to keep their vehicles clean, and in good working order.
3.1.23
The vendor must provide a named point of contact for day-to-day operational issues. Please confirm your regular
business hours and describe how you will work with the Agencies on a daily basis to ensure the highest possible
standards of Service?
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3.2 Corporate Strength
Weighting 10%
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 organizations financial stability in terms of Gross Annual Revenue,
and Net profit over the previous 5 years.
3.2.2
How many years has your company been in business? In Canada? In BC?
3.2.2
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?
3.2.3
Has your firm been involved in any relevant litigation within the past 5 years? If
your response is affirmative, provide details.
3.2.4
The agencies reserve the right to extend the awarded contract to their business
partners or affiliates. These are entities that may not be included on the
participating facilities list. Any mark up will be negotiated with the agencies.
3.2.6
Provide a brief explanation of your customer service policy
3.2.7
Is your company a member of an industry association(s)? Provide details.
3.2.8
Has your company received any management or industry recognized quality
awards?
3.2.9
Mergers and Acquisitions - Has your firm been merged or acquired in the past 2
years? If so provide date and details. Are there offers pending to acquire your
firm? Is your firm in the process of acquiring or merging with another firm?
3.2.10
Is your company owned privately or owned publicly? If publicly owned, are shares
traded on a stock exchange? Which Exchange?
3.2.11
Please describe your current fleet of vehicles, please include: are they gas or
diesel, average age of vehicles, size of vehicles, maintenance schedule
requirements.
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3.2.12
If successful, will your firm allow use of your logo for website award posting
announcements?
3.2.14 Provide the following information for three references where you have recently supplied products, services, and/ or r equipment that matches the size, complexity
and requirements of this RFP.
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:
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3.3 Financial
Weighting 45%
Cost considerations include: cost of change, operating costs, cost increase protection, (Exchange rate CPI, duty, etc.), quantity discounts, early payment discounts,
financial incentives, rebates, lowest overall contract cost, lowest service cost, efficiency, installation and training cost.
Service Rates:
Proponents are to complete the spreadsheet attached - Appendix 3 & 4
Note – Quote Canadian dollars all taxes extra.
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.
3.3.1
The Agency prefers a firm transparent pricing structure, will you comply?
3.3.2
The 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.
3.3.3
Describe any volume discounts, rebates or other financial incentives or benefits
that would accrue to the Agencies.
3.3.4
Are you offering any other financial incentives (i.e. long term contracts)?
Describe the incentive and any additional conditions that will apply.
3.3.5
What cost containment guarantees do you offer (i.e. CPI, exchange rates, etc.)?
3.3.6
Describe mechanisms in place to achieve on-going cost savings on behalf of the
Agencies.
3.3.7
If you are quoting alternative services to what was requested, what or how does
your firm propose to offset the cost, impact of change and transition for your
alternatives? List each alternative service with a corresponding offset statement.
3.3.8
The Agency standard payment terms is net 30 days. Do you offer any discounts
for early payment? Clearly state the percentage discount and timing (i.e. 2%
/15net30).
3.3.9
Do you offer payment discounts for Electronic Commerce (EDI, EFT, etc.)? –
Describe
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3.3.10 The Agencies recognize the significance of the cost of fuel in controlling the
rates potential service providers may submit. The Agencies wish to ensure that
all Parties manage the volatility in the price of fuel in a way that is fair &
equitable and that minimizes the administration workload. Please describe
precisely how you propose to deal with the issue of fuel cost variability in your
pricing?
3.3.11 Describe any other surcharges (e.g. statutory holiday premiums, Weekends)
that you would charge the Agencies to deliver the services.
3.3.12 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?
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3.4 Value Add
Weighting 5%
Proponents are encouraged to review their existing distribution methods and assess potential improvements in delivery of services to the Agencies.
3.4.3
What other services, support or additional information would you like the Agencies
to consider when evaluating this proposal?
3.4.4
Does your firm have any quality programs to share with the Agency as an added
value service?
3.4.5
What do you consider as your firm’s competitive advantage or your ‘added value’
over other companies?
3.4.6
Does your firm offer any revenue generating programs? If yes, provide details.
3.4.7
Would your firm be interested in advertising opportunities with the Agencies?
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#
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3.5 Environmental Considerations
Weighting 5 %
3.5.1
FHA is committed to protecting the environment and prefers
working with business in the community to improve environmental
conditions. Describe your firm's internal policies, practices and
procedures that mitigate environmental harm, and support
sustainable practices.
3.5.2
For this RFP, specific focus is given to reduce emissions from
vehicles, engines and fuels that impact air quality, acid rain, smog
and climate change. Provide information about ways in which your
firm prevents pollution.
3.5.3
Provide any other information that will help the Agency assess your
firm's commitment to the environment.
3.5.4
What opportunities for carbon offsets are available through your
firm?
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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 5 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
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Section 6.0
Authorized Signature
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.
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
“"FHA" 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.
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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 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 honoured. 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
labour 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, WHIMS, 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 labour, equipment or materials, strikes,
lockouts or other labour disputes.
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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 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
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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, 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.
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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.
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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7.0
STANDARD SERVICE CONTRACT
BETWEEN:
AND:
Fraser Health Authority
(the "Fraser Health Authority" , "FHA", “Authority”, "Health
Area", “we”, “us”, or “our”
as applicable at the following address:
(the “Agency”, “Service Provider”, “Bidder”,
“Consultant”, “you”, or “your” as applicable) at the
following address:
The Fraser Health Authority and the Service Provider agree to the following terms:
SERVICE PROVIDER OBLIGATIONS
1.
You must provide the services described in Schedule A (the “Services”) in accordance with this agreement. You must
provide the Services during the term described in Schedule A, regardless of the date of execution or delivery of this
agreement.
2.
You must supply and pay for all labour, materials and approvals necessary or advisable to provide the Services.
3.
You must perform the Services to a standard of care, skill and diligence maintained by persons providing, on a commercial
basis, services similar to the Services.
4.
You must ensure that all persons you employ or retain to perform the Services are competent to perform them and are
properly trained, instructed and supervised.
5.
You must comply with our instructions in performing the Services, but not as to the manner in which those instructions are
carried out except as specified in this agreement.
6.
You must, upon our request, fully inform us of all work you do in connection with providing the Services.
7.
You must maintain time records and books of account, invoices, receipts and vouchers of all expenses incurred, in form and
content satisfactory to us.
8.
You will be responsible for obtaining any permits, licenses, business and revenue taxes,
situations attributed directly to the operation of your service.
assessments
and
charges
in
9.
You must permit us at all reasonable times to inspect and copy all material that has been produced or received by you or
any subcontractor as a result of this agreement (collectively the “Material”), including, without limitation, accounting records,
findings, software, data, specifications, drawings, reports and documents, whether complete or not.
10.
You must treat as confidential all Material and not permit its disclosure without our prior written consent except as required
by applicable law, including the Freedom of Information and Protection of Privacy Act. (See Schedule F later in this
document)
11.
The Material and any property we provide to you or a subcontractor is our exclusive property. You must deliver it to us
immediately upon our request.
12.
The copyright in the Material belongs exclusively to us. Upon our request, you must deliver to us documents satisfactory to
us waiving in our favour any moral rights which you or your employees or subcontractors may have in the Material and
confirming the vesting of the copyright in us.
13.
You must maintain and pay for insurance on the terms, including form, amounts and deductibles, outlined in Schedule D, if
any, as modified from time to time in accordance with our directions.
14.
You must apply for and, immediately on receipt, remit to us any refund or remission of federal or provincial tax or duty
available with respect to any items used in connection with this agreement.
15.
You must comply with all laws applicable for the Province of British Columbia.
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16.
You must indemnify and save harmless to us and our employees and agents (each an “Indemnified Person”) from any
losses, claims damages, actions, causes of action, costs and expenses that an Indemnified Person may sustain, incur,
suffer, or be put to at any time, either before or after this agreement ends, which are based upon, arise out of or occur,
directly or indirectly, by reason of any act or omission by you or by any of your agents, employees, officers, directors, or
subcontractors in providing the Services, except liability arising out of any independent negligent act by us.
17.
You must not assign your rights under this agreement without our prior written consent.
18.
You must not subcontract any obligation under this agreement other than to persons listed in Schedule C without our prior
written consent. No subcontract, whether consented to or not, relieves you from any obligations under this agreement. You
must ensure that any subcontractor fully complies with this agreement in performing the subcontracted Services.
19.
You must not provide any services to any person in circumstances which, in our reasonable opinion, could give rise to a
conflict of interest between your duties to that person and your duties to us under this agreement.
20.
You must not do anything that would result in personnel you hire being considered our employees.
21.
You must not commit or purport to commit us to pay any money except as authorized by this agreement.
PAYMENT
22.
We must pay you the fees described in Schedule B. We must pay you for expenses in accordance with Schedule B if they
are supported, where applicable, by proper receipts and, in our opinion, are necessarily incurred by you in providing the
services. We are not obliged to pay you more than the “Maximum Amount” specified in Schedule B on account of fees and
expenses.
23.
You must submit written statements of account to us, but no sooner than the dates referred to in Schedule B as the “Billing
Dates”.
24.
We may withhold from any payment due to you an amount sufficient to indemnify us against any lien claim that could arise
in connection with the provision the services.
25.
subject to available funding for the fiscal year in which payment becomes due.
26.
Our obligation to pay money to you is
Unless otherwise specified in this agreement, all references to money are to Canadian dollars.
TERMINATION
27.
Either party may terminate this agreement for any reason on giving ninety days written notice of termination. If we do so for
any reason other than your failure to comply with this agreement, we must pay you that portion of the fees and expenses
described in Schedule B which equals the portion of the Services that was completed to our satisfaction before termination.
That payment discharges us from all liability to you under this agreement.
28.
If you fail to comply with this agreement, we may terminate it and pursue other remedies as well.
GENERAL
29.
You are an independent service provider and not our employee, agent, or partner.
30.
If you are a corporation, you represent and warrant to us that you have authorized your signatory to enter into and execute
this agreement on your behalf without affixing your common seal.
31.
We must make available to you all information in our possession, which we consider pertinent to your performance of the
Services.
32.
This agreement is governed by and is to be construed in accordance with the laws of British Columbia.
33.
Time is of the essence in this agreement.
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34.
Any notice contemplated by this agreement, to be effective, must be in writing and be:
(a)
sent by fax to the addressee’s fax number specified in this agreement,
(b)
delivered by hand to the addressee’s address specified in this agreement, or
(c)
mailed by prepaid registered mail to the addressee’s address specified in this agreement.
Any notice mailed in accordance with sub-section (c) is deemed to be received 96 hours after mailing. Either of
the parties may give notice to the other of a substitute address or fax number from time to time.
35.
A waiver of any term of this agreement or of any breach by you of this agreement is effective only if it is in
writing and signed by us and is not a waiver of any other term or any other breach.
36.
No modification of this agreement is effective unless it is in writing and signed by the parties.
37.
This agreement and any modification of it constitutes the entire agreement between the parties as to performance of the
Services.
38.
All disputes arising out of or in connection with this agreement, or in respect of any defined legal relationship associated with
it or derived from it, must, unless the parties otherwise agree, be referred to and finally resolved by arbitration administrated
by the British Columbia International Commercial Arbitration Centre under its rules.
39.
Sections 6, 9, 10, 11, 12, 14, 16 and 19 continue in force indefinitely, even after this agreement ends.
40.
The Schedules are part of this agreement.
41. If there is a conflict between a provision in a Schedule to this agreement and any other provision of this agreement, the
provision in the Schedule is inoperative to the extent of the conflict unless it states that it operates despite a conflicting
provision of this agreement.
42.
In this agreement, “we”, “us” and “our” refer to the Fraser Health Authority alone and never refer to the combination of the
Service Provider and the Fraser Health Authority that combination is referred to as “the parties”.
THE PARTIES have duly executed this agreement the ______day of ___________________,
SIGNED AND DELIVERED on behalf of the Fraser
Health Authority.
(Authorized Representative)
.
SIGNED AND DELIVERED by or on behalf of the
Service Provider (or by an authorized signatory of
the Service Provider if a corporation)
(Type in name of Agency/Service Provider)
(Service Provider or Authorized Signatory)
(Please Print Name)
(Please Print Title)
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SCHEDULE A - SERVICES
(a)
Services
(b) TERM:
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SCHEDULE B
FEES AND EXPENSES
1.
We must pay to you $______ for performing Services during the term of this Agreement. This is the Maximum Amount we
must pay you under this Agreement.
2.
The payments by us to you will be made ___(in equal monthly or quarterly instalments, lump sum or as invoiced).
3. Unless you obtain prior written approval from us, you must expend the funds provided through this Agreement substantially
in accordance with the quoted pricing.
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SCHEDULE C - APPROVED SUBCONTRACTOR(S)
You must not subcontract any obligation under this agreement without prior written consent.
OR
If applicable use:
1.
You may subcontract for the provision of [description of services] services in order to deliver the services specified in
Schedule A of this Agreement.
2.
The approved subcontractor(s) to whom you may subcontract under this Agreement include:
[subcontractor name(s)]
3.
You must not subcontract any obligation under this Agreement other than to persons listed in this Schedule without our prior
written consent.
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SCHEDULE D -A
Insurance
1.
The Service Provider shall provide, maintain and pay for any insurance which he/she is required to provide by law or which
he/she considers necessary to cover any risks he/she may assume as a result of entering into this agreement/contract.
2.
The Service Provider shall provide the Authority with evidence of all required insurance prior to the commencement of the
work or services. Such evidence shall be in the form of a completed Certificate of Insurance. When requested by the
Authority, the Service Provider shall provide certified copies of required policies as a result of entering into this
agreement/contract. The Comprehensive General Liability insurance will be in an amount not less than $2,000,000 inclusive
per occurrence insuring against bodily injury, personal injury and property damage and including liability assumed under
contract with insurers licensed in the Province of British Columbia and in the forms and amounts acceptable to the Authority.
3.
Where deemed to be an employer under the Workers’ Compensation Act, the Service Provider will register and comply with
all applicable Workers’ Compensation regulations of the Province of British Columbia and will upon request by the
Authority, provide particulars of such coverage.
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SCHEDULE D - B
Insurance
1.
The Service Provider shall, without limiting its obligations or liabilities herein and at its own expense, provide and maintain
the following insurances with insurers licensed in British Columbia and in forms and amounts acceptable to the Fraser
Health Authority (“the Authority”):
1.1
Automobile Liability on all vehicles owned, operated or licensed in the name of the Service Provider, in an amount
not less than $ 2,000,000.
1.2
Comprehensive General Liability in an amount not less than $2,000,000 inclusive per occurrence , insuring against
bodily injury, personal injury and property damage. The Fraser Health Authority is to be added as an insured under
this policy. Such insurance shall include, but not be limited to:
(i)Products and Completed Operations Liability;
(ii)Owner’s and Service Provider’s Protective Liability;
(iii)Blanket Written Contractual Liability;
(iv)Contingent Employer’s Liability;
(v)Personal Injury Liability;
(vi)Non-Owned Automobile Liability;
(vii)Cross Liability;
(viii)Employees as Additional Insures;
(ix)Broad Form Property Damage; and
(x)if applicable, Tenant’s Legal Liability in an amount adequate to cover a loss to premises of the Fraser Health
Authority occupied by the Service Provider.
1.3
Professional Liability in an amount not less than $
insuring the Service
Provider’s
liability
resulting from errors and omissions in the performance of
professional
services
under
this
agreement.
2.
The foregoing insurance shall be primary and not require the sharing of any loss by any insurer of the Authority.
3.
The Service Provider shall provide the Authority with evidence of all required insurance prior to the commencement of the
work or services. Such evidence shall be in the form of a completed Authority of British Columbia Certificate of Insurance.
When requested by the Authority, the Service Provider shall provide certified copies of required policies.
4.
All required insurance shall be endorsed to provide the Authority with thirty (30) days advance written notice of cancellation
or material change.
5.
The Service Provider hereby waives all rights of recourse against the Authority with regard to damage to the Service
Provider’s property.
6.
The Service Provider will comply generally with the Workers’ Compensation Act and in particular will obtain and maintain
during the term of this Agreement the necessary coverage for the Service Provider’s employees and will, upon request by
the Authority, provide particulars of such coverage.
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SCHEDULE E - ADDITIONAL TERMS
1.
Repayment
At our option, any funds provided through this Agreement and not expended will be:
(a)
(b)
(c)
2.
returned to the Fraser Health Authority
used as supplemental funding for the Service Provider on a one-time basis; or
applied against any future years' funding requested from us by you.
Records/Reports
(a)
You will provide to us audited financial statements of each fiscal year of the Contract and no later than 120 days
after the end of the fiscal year to which the audit pertains.
(b)
Provide to us a statement showing utilization of funds in the same format as that used in Schedule B of the
Agreement.
3.
The Service Provider will comply with all reporting requirements associated with the Health Sector Compensation
Information System (HSCIS).
4.
Criminal Check Requirements
The Service Provider and all employees covered by the terms of this Agreement who, in the fulfilment of the terms and
conditions of the Agreement, work directly or have the potential of having unsupervised access to children in the ordinary
course of employment or in the practice of an occupation, must comply with all requirements of the Criminal Records
Review Act for all new and existing employees, even if an employee has completed a previous criminal record check. This
requirement is in addition to other criminal record checks which may be required of employees as a condition of employment
at the Service Provider.
New employees must not commence work until the results have been received on a signed Criminal Record Check
Authorization Form
Document#:
100RFP09EPA
Revision#:
#1
10-2009
Page 41 of 44
Fraser Health Laboratory Routes
SCHEDULE F
PROTECTION SCHEDULE
FHA - PRIVACY
Purpose
1. The purpose of this Schedule is to:
(a) enable the Public Body to comply with its statutory obligations under the Act with respect to personal information; and
(b) ensure that, as a service provider, the Contractor is aware of and complies with its statutory obligations under the Act
with respect to personal information.
Definitions
2. In this Schedule,
(a) “Act” means the Freedom of Information and Protection of Privacy Act (British Columbia), as amended from time to time;
(b) “contact information” means information to enable an individual at a place of business to be contacted and includes the
name, position name or title, business telephone number, business address, business email or business fax number of the
individual;
(c) “personal information” means recorded information about an identifiable individual, other than contact information,
collected or created by the Contractor as a result of the Agreement or any previous agreement between the Public Body
and the Contractor dealing with the same subject matter as the Agreement.
Requests for access to personal information
3. If the Contractor receives a request for access to personal information from a person other than the Public Body, the Contractor
must promptly advise the person to make the request to the Public Body unless the Agreement expressly requires the Contractor to
provide such access and, if the Public Body has advised the Contractor of the name or title and contact information of an official of
the Public Body to whom such requests are to be made, the Contractor must also promptly provide that official’s name or title and
contact information to the person making the request.
Protection of personal information
4. The Contractor must protect personal information by making reasonable security arrangements against such risks as unauthorized
access, collection, use, disclosure or disposal, including any expressly set out in the Agreement.
Storage and access to personal information
5. Unless the Public Body otherwise directs in writing, the Contractor must not store personal information outside Canada, access
personal information from outside Canada, or permit access to personal information from outside Canada. No services that
require access to personal information shall be provided or performed by the Contractor in any location outside of Canada.
Audit
6. The Contractor shall permit the Public Body and/or its representatives and agents to conduct periodic audits of records related to
performance by the Contractor, its employees, agents, representatives, associates and permitted subcontractors, if any, of the
Contractor’s obligations under this Schedule.
7.
The Contractor will at all times maintain and make available to the Public Body an “Audit Log” of access to personal information.
The Audit Log will list who, when and for what reason personal information was accessed.
Use of personal information
8. Unless the Public Body otherwise directs in writing, the Contractor may only access personal information if that access is:
(a) for the performance of the Contractor’s obligations, or the exercise of the Contractor’s rights, under the Agreement;
and
(b) in accordance with section 13.
Disclosure of personal information
9. Unless the Public Body otherwise directs in writing, the Contractor may only disclose personal information inside Canada to any
person other than the Public Body if the disclosure is for the performance of the Contractor’s obligations, or the exercise of the
Contractor’s rights, under the Agreement.
10. Unless the Agreement otherwise specifies or the Public Body otherwise directs in writing, the Contractor must not disclose personal
information outside Canada.
Employee Access
11. The Contractor will provide a list of employees that will have access to personal information. Each of the specified employees will
execute a confidentiality agreement. Approval of the public body must be obtained before any employee of the Contractor
accesses personal information. Employees who have not obtained approval from the Public Body must not access personal
information.
12. In addition to any other rights of inspection the Public Body may have under the Agreement or under statute, the Public Body may,
at any reasonable time and on reasonable notice to the Contractor, enter on the Contractor’s premises to inspect any personal
Document#:
100RFP09EPA
Revision#:
#1
10-2009
Page 42 of 44
Fraser Health Laboratory Routes
information in the possession of the Contractor or any of the Contractor’s information management policies or practices relevant to
its management of personal information or its compliance with this Schedule and the Contractor must permit, and provide
reasonable assistance to, any such inspection.
Compliance with the Act and directions
13. The Contractor must in relation to personal information comply with:
(a) the requirements of the Act applicable to the Contractor as a service provider, including any applicable order of the
commissioner under the Act; and
(b) any direction given by the Public Body under this Schedule.
14. The Contractor acknowledges that it is familiar with the requirements of the Act governing personal information that are applicable
to it as a service provider.
Notice of non-compliance
15. If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in
any respect, the Contractor must promptly notify the Public Body of the particulars of the non-compliance or anticipated noncompliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated noncompliance.
Termination of Agreement
16. In addition to any other rights of termination which the Public Body may have under the Agreement or otherwise at law, the Public
Body may, subject to any provisions in the Agreement establishing mandatory cure periods for defaults by the Contractor, terminate
the Agreement by giving written notice of such termination to the Contractor, upon any failure of the Contractor to comply with this
Schedule in a material respect.
Interpretation
17. In this Schedule, references to sections by number are to sections of this Schedule unless otherwise specified in this Schedule.
18. Any reference to the “Contractor” in this Schedule includes any subcontractor or agent retained by the Contractor to perform
obligations under the Agreement and the Contractor must ensure that any such subcontractors and agents comply with this
Schedule.
19. The obligations of the Contractor in this Schedule will survive the termination of the Agreement.
20. If a provision of the Agreement (including any direction given by the Public Body under this Schedule) conflicts with a requirement
of the Act or an applicable order of the commissioner under the Act, the conflicting provision of the Agreement (or direction) will be
inoperative to the extent of the conflict.
21. The Contractor must comply with the provisions of this Schedule despite any conflicting provision of this Agreement or the law of
any jurisdiction outside Canada.
11.
The Material and any property we provide to you or a subcontractor is our exclusive property. You must deliver it to us
immediately upon our request.
12.
The copyright in the Material belongs exclusively to us. Upon our request, you must deliver to us documents satisfactory to
us waiving in our favour any moral rights which you or your employees or subcontractors may have in the Material and
confirming the vesting of the copyright in us.
13.
You must maintain and pay for insurance on the terms, including form, amounts and deductibles, outlined in Schedule D, if
any, as modified from time to time in accordance with our directions.
14.
You must apply for and, immediately on receipt, remit to us any refund or remission of federal or provincial tax or duty
available with respect to any items used in connection with this agreement.
15.
You must comply with all laws applicable for the Province of British Columbia.
16.
You must indemnify and save harmless to us and our employees and agents (each an “Indemnified Person”) from any
losses, claims damages, actions, causes of action, costs and expenses that an Indemnified Person may sustain, incur,
suffer, or be put to at any time, either before or after this agreement ends, which are based upon, arise out of or occur,
directly or indirectly, by reason of any act or omission by you or by any of your agents, employees, officers, directors, or
subcontractors in providing the Services, except liability arising out of any independent negligent act by us.
17.
You must not assign your rights under this agreement without our prior written consent.
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Revision#:
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18.
You must not subcontract any obligation under this agreement other than to persons listed in Schedule C without our prior
written consent. No subcontract, whether consented to or not, relieves you from any obligations under this agreement. You
must ensure that any subcontractor fully complies with this agreement in performing the subcontracted Services.
19.
You must not provide any services to any person in circumstances which, in our reasonable opinion, could give rise to a
conflict of interest between your duties to that person and your duties to us under this agreement.
20.
You must not do anything that would result in personnel you hire being considered our employees.
21.
You must not commit or purport to commit us to pay any money except as authorized by this agreement.
Document#:
100RFP09EPA
Revision#:
#1
10-2009
Page 44 of 44