Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
CYBER PROTECTION
SUPPLY ARRANGEMENT (CPSA)
WORK STREAM X (INDICATE WORK STREAM NUMBER)
REQUEST FOR PROPOSAL
FOR
(INDICATE NAME OF CLIENT DEPT)
SOLICITATION NO. (INSERT SOLICITATION #)
CLOSING: (INSERT CLOSING DATE AND TIME)
<Note to Contract Authority/Client Department: select one of the Options below to confirm
current resource project status or delete both Options if this is a new requirement.>
Option 1: delete if not applicable
There is currently a vendor providing similar services who is eligible to bid on this requirement.
Vendors invited on this requirement are encouraged to submit a bid.
Option 2: delete if not applicable
There has been a vendor providing similar services within the last six (6) months who is eligible to
bid on this requirement. Vendors invited on this requirement are encouraged to submit a bid.
This RFP is issued against the Cyber Protection Supply Arrangement (CPSA), PWGSC File No.
W2213-050347/H. All terms and conditions of the CPSA apply and shall be incorporated into any
resulting contract.
1
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
TABLE OF CONTENTS
PART 1 - BIDDER INSTRUCTIONS ................................................................................................. 4
A. Standard Instructions, Clauses and Conditions ..................................................................... 4
B. Applicable Laws ................................................................................................................... 4
C. Submission of Bid ................................................................................................................. 4
D. Enquiries – Bid Solicitation .................................................................................................. 5
E. Improvement of Requirement During Solicitation Period .................................................... 6
F. Basis for Canada’s Ownership of Intellectual Property ........................................................ 6
G. Security Requirements .......................................................................................................... 6
PART 2 – BID PREPARATION INSTRUCTIONS ............................................................................ 9
A. Bid Format ............................................................................................................................ 9
B. Signature of Bid by Bidder & Definition of “Bidder” .......................................................... 9
C. Technical Bid ...................................................................................................................... 10
D. Financial Proposal and Certifications ................................................................................. 10
PART 3 – EVALUATION PROCEDURES AND BASIS OF SELECTION ................................... 11
A. Evaluation Procedure .......................................................................................................... 11
B. Bidder’s Time for Responding during Evaluation .............................................................. 11
C. Selection Procedures ........................................................................................................... 11
PART 4 – RESULTING CONTRACT CLAUSES, TERMS AND CONDITIONS ......................... 13
A. INSTRUCTIONS TO CONTRACTORS ........................................................................... 13
A1.
Instructions ...................................................................................................................... 13
A2.
Conditions ....................................................................................................................... 14
A3.
Applicable Laws ............................................................................................................. 19
A4.
Authorities....................................................................................................................... 19
A5.
Priority of Documents ..................................................................................................... 20
A6.
Requirement for Training and Familiarization ............................................................... 20
A7.
Ownership and Disclosure of Information ...................................................................... 21
B. REQUIREMENT DEFINITION ........................................................................................ 21
B1.
Requirement .................................................................................................................... 21
B2.
Contract Period ............................................................................................................... 21
B3.
Contract Form ................................................................................................................. 21
B4.
Suitability of Services ..................................................................................................... 22
B5.
Personnel Qualification and Backup ............................................................................... 22
B6.
Contractor Supplied ........................................................................................................ 22
B7.
Canada Facilities, Equipment, Documentation & Personnel .......................................... 23
B9.
Privacy ............................................................................................................................ 24
B10. Information Storage and Retrieval .................................................................................. 24
C. PRICE ................................................................................................................................. 25
C1.
Professional Services ...................................................................................................... 25
C2.
Overtime Work ............................................................................................................... 26
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Amd. No. - N° de la modif.
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Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
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C3.
GST/HST ........................................................................................................................ 27
C4.
Expenditure Limitation ................................................................................................... 27
D. TASK AUTHORIZATION PROCESS – WORK PERFORMED “AS AND WHEN
REQUESTED” ................................................................................................................... 28
E. CONTRACT FOR WORK “AS AND WHEN REQUESTED” ........................................ 30
F. DELIVERY, INSPECTION AND ACCEPTANCE .......................................................... 31
F1.
Inspections and Acceptance ............................................................................................ 31
F2.
Failure to Deliver ............................................................................................................ 31
G. INDUSTRIAL SECURITY REQUIREMENT .................................................................. 32
H. TERMS OF PAYMENT ..................................................................................................... 33
H1.
Method of Payment ......................................................................................................... 33
H2.
Invoicing Instructions ..................................................................................................... 36
I. TERMINATION OF CONTRACTS .................................................................................. 38
J. FEDERAL CONTRACTORS PROGRAM FOR EMPLOYMENT EQUITY .................. 39
K. CLOSURE OF GOVERNMENT OFFICES ...................................................................... 39
L. CONTROLLED GOODS ................................................................................................... 39
M. SUPPLEMENTAL CONFLICT OF INTEREST ............................................................... 40
ANNEX A: Statement of Work ................................................................................................. 41
ANNEX B: Basis of Payment .................................................................................................... 42
ANNEX C: Security Requirements Checklist (SRCL) .............................................................. 44
ANNEX D: Evaluation Methodology and Basis of Selection .................................................... 45
ANNEX E: Certifications Precedent to Contract Award ............................................................ 50
1.
Ethics Code Requirement ........................................................................................... 50
2. Certification of Education and Experience ......................................................................... 50
3. Certification of Availability and Status of Personnel ......................................................... 51
4. Former Public Servant Certification ................................................................................... 51
5. Federal Contractor’s Program for Employment Equity (FCP-EE) ..................................... 53
APPENDIX 1 to ANNEX E: Authorization and Availability Certification for Resources who are
not Employees of the Bidder ................................................................................................ 56
ANNEX "F": Task Authorization Form .................................................................................... 57
ANNEX G: Quarterly Contracting Report ................................................................................ 60
3
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Amd. No. - N° de la modif.
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610zm
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File No. - N° du dossier
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PART 1 - BIDDER INSTRUCTIONS
A.
STANDARD INSTRUCTIONS, CLAUSES AND CONDITIONS
A1.
All instructions, general terms, conditions and clauses identified in the bid solicitation by
title, number and date are set out in the Standard Acquisition Clauses and Conditions Manual
issued by Public Works and Government Services Canada (PWGSC).The Manual is
available on the PWGSC Website: http://sacc.pwgsc.gc.ca/sacc/index-e.jsp.
Bidders who submit a bid agree to be bound by the instructions, clauses and conditions of the
bid solicitation and accept the clauses and conditions of the resulting contract.
Standard Instructions - Goods or Services - Competitive Requirements 2003 (2008-05-12)
are incorporated by reference into and form part of the bid solicitation. If there is a conflict
between the provisions of 2003 and this document, this document prevails.
Subsection 4.4 of Standard Instructions - Goods or Services - Competitive Requirements
2003 is amended as follows: [Note to Contract Authority: delete if not applicable]
Delete: sixty (60) days
Insert: _____ (__) days
After any resulting contract is awarded, if Canada terminates it for any reason within 6
months, even if the bid validity period has passed, Canada has the right (but not the
obligation) to ask the next-ranked responsive bidder(s) if its bid remains open for acceptance
and to award to the next-ranked bidder who confirms its bid remains valid.
A2.
A3.
A4.
A5.
B.
APPLICABLE LAWS
Any resulting contract will be interpreted and governed, and the relations between the parties
determined, by the laws in force in Ontario.
A bidder may, at its discretion, substitute the applicable laws of a Canadian province or
territory of their choice without affecting the validity of its bid, by deleting the name of the
Canadian province or territory specified and inserting the name of the Canadian province or
territory of its choice. If no change is made, it acknowledges that the applicable laws
specified are acceptable to the Bidder.
C.
C1.
SUBMISSION OF BID
Location for Delivery of Bid: [Note to Contract Authority/Client Department: indicate where
bids must be submitted.]
[If electronic transmission of bids is NOT acceptable include the following text]
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Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
Due to the nature of the bid solicitation, bids transmitted by facsimile to [department] will
not be accepted.
[Insert location for delivery of bids]
Bids must be submitted only to [department] by the date and time indicated on page 1 of the
bid solicitation.
C2.
Responsibility for Timely Delivery: Timely delivery and correct direction of bids is the
sole responsibility of the Bidder. [Insert department name] will not assume or have
transferred to it those responsibilities.
C3.
Bid Receiving Unit Address Solely for Delivery of Bids: The above address is for the sole
purpose of bid submission. No other communications are to be forwarded to this address.
[delete if not applicable]
C4.
Identification of Bids: The Bidder should ensure that the Bidder’s name and return address,
the solicitation number and the bid closing date appear legibly on the outside of the Bidder’s
bid submission.
D.
ENQUIRIES – BID SOLICITATION
D1.
Where to Direct Enquiries: All enquiries must be submitted in writing to the Contracting
Authority no later than _____ calendar days before the bid closing date. Enquiries received
after that time may not be answered.
To ensure the integrity of the competitive bid process, enquiries and other communications
about the bid solicitation must be directed ONLY to the Contracting Authority identified in
the bid solicitation. Failure to comply can (for that reason alone) result in the disqualification
of the bid.
D2.
Contracting Authority:
E-mail Address:
Telephone:
Facsimile:
[Insert Contracting Authority Name]
[Insert Email]
[Insert Telephone Number]
[Insert Fax Number]
D3.
Time for Making Enquiries: Bidders should make enquiries as early as possible and should
not make assumptions about the nature of the requirements of this bid solicitation. Bidders
who do not raise issues and questions they may have during the bidding period do so at their
own risk. Bidders who, instead of raising issues during the enquiries period, deviate from the
mandatory requirements of this bid solicitation or do not respond to them in their bids will be
disqualified.
D4.
Bidders should reference as accurately as possible the numbered item of the bid solicitation
to which the enquiry relates. Care should be taken by bidders to explain each question in
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File No. - N° du dossier
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sufficient detail in order to allow Canada to provide an accurate answer. Technical enquiries
that are of a “proprietary” nature must be clearly marked “proprietary” at each relevant item.
Items identified as proprietary will be treated as such except where Canada determines that
the enquiry is not of a proprietary nature. Canada may edit the questions or may request that
the Bidder do so, so that the proprietary nature of the question is eliminated, and the enquiry
can be answered with copies to all bidders. Enquiries not submitted in a form that can be
distributed to all bidders may not be answered by Canada.
E.
IMPROVEMENT OF REQUIREMENT DURING SOLICITATION PERIOD
Any Bidder that believes that the specifications in this bid solicitation could be improved
may make suggestions in writing to the Contracting Authority explaining the suggested
improvement and the reason for it. The process described in the article entitled “Enquiries Bid Solicitation” applies to these suggestions. Canada has the right to accept or reject any
suggestion.
F.
BASIS FOR CANADA’S OWNERSHIP OF INTELLECTUAL PROPERTY
Canada has determined that any intellectual property arising from the performance of the
Work under the Contract will vest in Canada, on the following grounds:
[Note to Contract Authority/Client Department: An exception must be inserted from
“SECTION 6: Exceptions to Contractor Ownership” of the TBS website at http://www.tbssct.gc.ca/pubs_pol/dcgpubs/Contracting/tipaucpc_ig1_e.asp or delete entire clause if N/A. If
no exception is applicable, as per TBS, Canada can’t own the IP.]
G.
SECURITY REQUIREMENTS
Use one of the following options when there are security requirements and the applicable
clause provided by CISD is inserted in Section G of the Resulting Contract Clauses.
<Option 1: Mandatory at contract award - delete if no security requirement - Delete if not
applicable>
Before award of a contract, the following conditions must be met:
6
(i)
the Bidder must hold a valid organization security clearance as indicated in Section G
- Resulting Contract Clauses;
(ii)
the Bidder's proposed individuals requiring access to classified or protected
information, assets or sensitive work site(s) must meet the security requirement as
indicated in Section G - Resulting Contract Clauses; and [Note to Contract
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
Authority/Client Department: before including this consider carefully (1) whether
the Bidder will be proposing specific individuals (if not, delete); (2) whether the
Bidder will know which individuals will require access to protected information (if
not, either delete or list which roles/resources will require access to perform the
Work)]
(iii)
the Bidder must provide the name of all individuals who will require access to
classified or protected information, assets or sensitive work sites. [Note to Contract
Authority/Client Department: before including this, consider carefully whether the
Bidder will know which individuals will require access to protected information at
the time it submits its bid (if not, either delete or list which roles/resources will
require access to perform the Work)]
(a)
Canada will not delay the award of any contract to allow bidders to obtain the
required clearance.
(b)
For additional information on security requirements, bidders should consult the
"Security Requirements for PWGSC Bid Solicitations - Instructions to Bidders"
document (http://www.tpsgc-pwgsc.gc.ca/app-acq/lc-pl/lc-pl-eng.html#a31) on the
Departmental Standard Procurement Documents Website.
(c)
In the case of a joint venture bidder, each member of the joint venture must meet the
security requirements. [Note to Contract Authority/Client Department: if only
certain members must meet the security requirements, revise this wording
accordingly - consult with CISD if in doubt]
<Option 2: Mandatory at bid closing - Choose this option when the bidder must hold the
necessary security clearances at the date of bid closing- Delete if not applicable>
At the date of bid closing, the following conditions must be met:
7
(i)
the Bidder must hold a valid organization security clearance as indicated in Section G
- Resulting Contract Clauses;
(ii)
the Bidder's proposed individuals requiring access to classified or protected
information, assets or sensitive work site(s) must each meet the security requirement
as indicated in Section G - Resulting Contract Clauses; and [Note to Contract
Authority/Client Department: before including this consider carefully (1) whether
the Bidder will be proposing specific individuals (if not, delete); (2) whether the
Bidder will know which individuals will require access to protected information (if
not, either delete or list which roles/resources will require access to perform the
Work)]
(iii)
the Bidder must provide the name of all individuals who will require access to
classified or protected information, assets or sensitive work sites. [Note to Contract
Authority/Client Department: before including this consider carefully whether the
Bidder will know which individuals will require access to protected information at
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
the time it submits its bid (if not, either delete or list which roles/resources will
require access to perform the Work)]
8
(a)
For additional information on security requirements, bidders should consult the
"Security Requirements for PWGSC Bid Solicitations - Instructions to Bidders"
document (http://www.tpsgc-pwgsc.gc.ca/app-acq/lc-pl/lc-pl-eng.html#a31) on the
Departmental Standard Procurement Documents Website.
(b)
In the case of a joint venture bidder, each member of the joint venture must meet the
security requirements. [Note to Contract Authority/Client Department: if only
certain members must meet the security requirements, revise this wording
accordingly - consult with CISD if in doubt]
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
PART 2 – BID PREPARATION INSTRUCTIONS
A.
BID FORMAT
A1.
Separate Volumes: Bidders are requested to prepare their proposals in two (2) separately
bound volumes as follows:
a) Volume I – Technical Proposal (with no references to pricing): 1 hard copy original plus [#
copies] additional paper copies and [# copies] soft copies.
b) Volume II – Financial Proposal & Certifications: 1 hard copy original plus [# copies]
additional paper copies and [# copies] soft copies.
Additional documentation referred to in the Technical Proposal can also be provided and
may be separately bound.
A2.
Cover Page: The front cover page of each volume of the Bidder’s proposal should identify
the Supply Arrangement Holder (SAH), the title of the Bidder’s proposal, the solicitation
number and the volume number. The cover page should also include the name, title and
signature of the representative authorized to sign on behalf of the SAH.
A3.
Title Page: The first page of each volume of the Bidder’s proposal, after the cover page,
should be the Title Page, which should contain:
(i)
the title of the Bidder’s proposal and the volume number;
(ii)
the name and address of the Bidder;
(iii)
the name, address and telephone number of the Bidder’s contact;
(iv)
the proposal date; and
(v)
the solicitation number.
A4.
Multiple bids: [delete if not applicable] A Bidder may submit more than one proposal in
response to this solicitation. If an alternate proposal is submitted, it must be a physically
separate document, clearly marked as an alternate proposal. Each proposal will be evaluated
independently, without regard to the other proposals submitted by that Bidder and, therefore,
every proposal submitted by a Bidder must be complete. If a Bidder has submitted multiple
proposals and wishes to withdraw one or more of those proposals, Canada reserves the right
to require that the Bidder withdraw either all its proposals or none of them.
B.
SIGNATURE OF BID BY BIDDER & DEFINITION OF “BIDDER”
(a)
9
Canada requires that each bid be signed by the Supply Arrangement Holder (SAH).
The SAH’s bids should be properly signed when submitted at bid closing. However,
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
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where Canada determines that the SAH has omitted to sign the bid as required,
Canada will provide the SAH with 24 hours to submit a proper signature page.
(b)
C.
TECHNICAL BID
(a)
Bidders must include the following in their Technical Bids:
(b)
D.
10
In this solicitation, the “Supply Arrangement Holder (SAH)” means the legal entity
(or, in the case of a joint venture bidder, the legal entities or the legal entity identified
as the lead member of the joint venture in the joint ventures’ SA for W2213-050347)
submitting the bid in response to the solicitation and does not include the parent,
subsidiaries or other affiliates of that legal entity, or its subcontractors.
(i)
Bidder Experience/References: See Annex D
(ii)
Résumés of Key Resources: See Annex D
Compliance to Mandatory Requirements: By submitting a proposal, Bidders are
indicating that they consider themselves to be fully compliant to all mandatory
requirement of this solicitation and will agree to the terms and conditions set out in
this solicitation if awarded a contract.
FINANCIAL PROPOSAL AND CERTIFICATIONS
(a)
The Financial Proposal should be a separately bound part of the Bidder’s proposal
and should be the only part containing pricing information.
(b)
The Financial Proposal must include the pricing table provided as Annex B to this
solicitation. The completed pricing table must include a price for every item in the
pricing table.
(c)
The Financial Proposal must identify all costs for the requirement described in this
solicitation for the entire contract period, including any option years. The
identification of all necessary equipment, software, peripherals, cabling and
components required to meet the requirements of this solicitation and the associated
prices of these items is the sole responsibility of the Bidder. Failure to meet or
adequately address these requirements will render the Bidder’s proposal noncompliant.
(d)
All prices must be in Canadian dollars, FOB destination if applicable, include all
shipping and handling charges to destination (Canadian Customs duties and excise
taxes included if applicable), Goods and Services Tax (GST) and Harmonized Sales
Tax (HST) extra.
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
PART 3 – EVALUATION PROCEDURES AND BASIS OF SELECTION
A.
EVALUATION PROCEDURE
Bids will be assessed in accordance with the entire requirement of the bid solicitation
including the technical. There are several steps in the evaluation process, which are described
below. Even though the evaluation and selection will be conducted in steps, the fact that
Canada has proceeded to a later step does not mean that Canada has conclusively determined
that the Bidder has successfully passed all the previous steps. Canada may conduct steps of
the evaluation in parallel.
An evaluation team composed of representatives of Canada will evaluate the bids.
B.
BIDDER’S TIME FOR RESPONDING DURING EVALUATION
In addition to any other time periods prescribed in this solicitation:
a. Requests for Clarifications: If Canada seeks clarification or verification from the
Bidder about its bid, the Bidder will have 2 working days (or a longer period if
specified in writing by the Contracting Authority) to provide the necessary
information to Canada. Failure to meet this deadline will result in the bid being
declared non-responsive.
b. Extension of Time: If additional time is required by the Bidder, time may be granted
at the sole discretion of the Contracting Authority.
C.
SELECTION PROCEDURES
C1.
Approach: There are several phases in the selection methodology, which are described
below. Notwithstanding that the selection methodology will be conducted in phases, the fact
that Canada has proceeded to a later phase shall not be considered to mean that Canada has
conclusively determined that the Contractor has successfully passed all the previous phases.
Canada reserves the right to conduct phases of the evaluation in parallel or concurrently.
C2.
Mandatory Criteria: Each bid will be reviewed to determine whether it meets the mandatory
requirements of the bid solicitation. All elements of the bid solicitation that are mandatory
requirements are identified specifically with the words “must” or “mandatory”. Bids that do
not comply with each and every mandatory requirement will be considered non-responsive
and be disqualified. The mandatory requirements are described in ANNEX D.
C3.
Point-Rated Technical Criteria: [delete if not applicable] Each bid will be rated by
assigning a score to the rated requirements, which are identified in the bid solicitation by the
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Amd. No. - N° de la modif.
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File No. - N° du dossier
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word “rated” or by reference to a score. Bidders who fail to submit complete bids with all the
information requested by this bid solicitation will be rated accordingly. The rated
requirements are described in ANNEX D.
C4.
Oral Presentation: [delete if not applicable]
[describe process for oral presentations, if applicable]
C5.
Evaluation of Financial Bid:
The financial evaluation process is described in Annex D.
C6.
(i).
Basis of Selection:
The Bidder who:
a. has submitted a compliant proposal; and
b. [describe basis of selection - for example, lowest cost per point, etc.]
will be recommended for contract award, subject to the provisions of this solicitation.
(ii).
[insert number] Bidder(s) will be recommended for contract award.
(iii).
Bidders should note that all contract awards are subject to Canada’s internal approvals
process, which includes a requirement to approve funding in the amount of any proposed
contract. Notwithstanding that a Bidder may have been recommended for contract award,
issuance of any contract will be contingent upon internal approval in accordance with
Canada’s policies. If such approval is not given, no contract will be awarded.
12
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
PART 4 – RESULTING CONTRACT CLAUSES, TERMS AND CONDITIONS
Note: Unless otherwise stated herein, the following clauses, terms and conditions apply to contracts
awarded under Supply Arrangement W2213-050347.
A.
INSTRUCTIONS TO CONTRACTORS
A1.
Instructions
A1.1
Standard Instructions
<Option 1: Competitive Requirements - Delete if not applicable>
A1.1.1 Standard Instructions – Goods or Services – Competitive Requirements – 2003 (2008-12-12)
will apply and form part of this Contract:
<Option 2: Non Competitive Requirements - Delete if not applicable>
A1.1.1 Standard Instructions – Goods or Services – Non-competitive Requirements – 2004 (200812-12) will apply and form part of this Contract:
A1.2 Modifications to Standard Instructions
A1.2.1
A1.2.2
13
Supplemental to Article 17 of Standard Instructions - Request for Supply Arrangements Goods or Services 2003 (2008/12/12) as it relates to the Stage II Contracting process under
the CPSA Supply Arrangement, the PWGSC SA authority will determine whether or not
any conflicts of interest exists in cases where:
i)
the Supply Arrangement Holder or its employees and/or subcontractors has prepared or
assisted in the preparation of any material to be used in a procurement,
ii)
the SAH or its employees and/or subcontractors is requested by a client department to
prepare or assist in the preparation of any material to be used in a procurement.
The SAH or its employees and/or subcontractors will immediately disclose any such
occurrence to the PWGSC SA Authority. If the PWGSC SA Authority determines that a
conflict of interest exists, he/she will inform the SAH that it cannot bid on any related
requirement(s). The SAH agrees that such notification will prevent the SAH from bidding
on any related requirements.
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
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A2.
Conditions
A2.1
General Conditions
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
General Conditions – Higher Complexity – Services 2035 (2008/12/12), with the following
modifications, will apply to and form part of this Contract.
A2.2
Insurance <Note to Client Department: This Article is to be included in Contracts
exceeding the NAFTA Threshold. The term "NAFTA Threshold" in this RFP refers to the
Canadian dollar threshold calculated in accordance with Article 1001.1(c)(i) of the North
American Free Trade Agreement, as such threshold is adjusted by that agreement from time
to time. >
Option 1: delete if not applicable
A2.2.1 This contract’s value is below the NAFTA threshold. There are no additional Insurance
requirements applicable to this contract. Insurance requirements of the CPSA are applicable
to this contract.
Option 2: delete if not applicable
A2.2.1
It will be the sole responsibility of the Contractor to determine whether or not any
insurance coverage, in addition to any specific insurance requirements stipulated in this
Contract, is necessary for its own protection or to fulfill its obligations under the Contract,
including:
any insurance required by federal, provincial or municipal law; coverage to insure against
risks such as damage, theft, loss or destruction of equipment installed by the Contractor on
Canada's property for the purpose of performing the Work; and damage it causes to any
property of Canada. Any such insurance will be obtained and maintained by the Contractor
at its own expense.
A2.2.2
The Contracting Authority may request at any time evidence that the insurance
requirements stipulated in this Contract are met. Where requested, the evidence of
insurance is to be provided in the form of either (1) Certificate(s) of insurance signed by
the insurer's underwriter, containing reasonable detail of the insurance coverage,
exclusions, deductibles and conditions applying to such policies and confirming that that
the insurance is in force to meet these requirements, or (2) a certified true copy of the
policy.
A2.2.3
Commercial General Liability insurance will be effected by the Contractor and maintained
in force throughout the duration of the Contract, in an amount usual for a contract of this
nature, but, in any case, for a limit of liability NOT LESS THAN $2,000,000.00 per
14
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accident or occurrence and in the annual aggregate. The following endorsements must be
incorporated into the conditions of the Contractor's Commercial General Liability
insurance policy:
(a) Additional Insured: Canada is to be included as an additional insured, but only with
respect to liabilities that may arise from the Contractor's own negligence in the
performance of the Contract.
(b) Notice of Cancellation: The Insurer agrees to give the Contracting Authority at least
thirty (30) days' prior written notice of policy cancellation.
(c) Cross Liability: Without increasing the limit of liability, the policy will protect all
insured parties to the full extent of coverage provided, and it will apply to each Insured
in the same manner and to the same extent as if a separate policy had been issued to
each.
(d) Joint and Several Liability: The policy will respond to liability arising from negligence
of the insured Contractor, any Insured, or the joint negligence of Insured parties.
(e) Contractual Liability: The policy will, on a blanket basis or by specific reference to this
Contract, extend to assumed liabilities with respect to contractual insurance provisions.
(f) Contingent Employer's Liability: The policy will protect the Contractor for liabilities
arising in the management and administration of statutory and contractual entitlements
of their employees.
(g) Employees and Volunteers as Additional Insured: All employees and volunteers acting
on behalf of the Contractor will be included in the policy as additional insured.
(h) Voluntary Medical Payments, $5,000 per person, $25,000 per accident: The policy will
provide, without contestation, for expenses incurred in instances of minor accidental
bodily injuries.
(i) Products and Completed Operations Broad Form (24 months): For Work performed, this
policy endorsement will cover service, assembly and repair activities as well as
material, parts or equipment furnished.
(j) Independent Contractors' Liability: Unless otherwise insured elsewhere, and evidence
thereof is secured by the Contractor, all subcontractors are included as Insured by the
policy.
(k) Non-Owned Automobile: The policy will protect the Contractor for liabilities arising
from its use of vehicles owned by other parties including Canada.
15
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Amd. No. - N° de la modif.
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610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
A2.2.4
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
Where the Contractor is a joint venture the insurance requirements of the Contractor will be
considered to be satisfied if each member of the joint venture fulfills individually the
insurance requirements of the Contract.
A2.3
Limitation of Liability
1.
This section applies despite any other provision of the Contract and replaces the section of
the general conditions entitled "Liability". Any reference in this section to damages caused
by the Contractor also includes damages caused by its employees, as well as its
subcontractors, agents, and representatives, and any of their employees. This section applies
regardless of whether the claim is based in contract, tort, or another cause of action. The
Contractor is not liable to Canada with respect to the performance of or failure to perform the
Contract, except as described in this section and in any section of the Contract preestablishing any liquidated damages. The Contractor is only liable for indirect, special or
consequential damages to the extent described in this section, even if it has been made aware
of the potential for those damages.
2.
First Party Liability:
(a)
The Contractor is fully liable for all damages to Canada, including indirect, special or
consequential damages, caused by the Contractor’s performance or failure to perform the
Contract that relate to:
(i)
any infringement of intellectual property rights to the extent the Contractor breaches
the Article of the General Conditions entitled “Intellectual Property Infringement and
Royalties”;
(ii) physical injury, including death.
(b)
The Contractor is liable for all direct damages affecting real or tangible personal property
owned, possessed, or occupied by Canada.
(c)
Each of the Parties is liable for all direct damages resulting from any breach of
confidentiality under the Contract. Each of the Parties is also liable for all indirect, special
or consequential damages in respect of any unauthorized disclosure of the other Party’s
trade secrets (or trade secrets of a third party provided by one Party to another under the
Contract) relating to information technology.
(d)
The Contractor is liable for all direct damages relating to any encumbrance or claim
relating to any portion of the Work for which Canada has made any payment. This does not
apply to encumbrances or claims relating to intellectual property rights, which are
addressed under (a) above.
16
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(e)
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
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CCC No./N° CCC - FMS No/ N° VME
The Contractor is also liable for any other direct damages to Canada caused by the
Contractor in any way relating to the Contract, including:
(i)
any breach of the warranty obligations under the Contract, up to the total amount paid
by Canada (including any applicable taxes) for the goods and services affected by the
breach of warranty; and
(ii)
any other direct damages, including all identifiable direct costs to Canada associated
with re-procuring the Work from another party if the Contract is terminated either in
whole or in part for default, up to an aggregate maximum for this subparagraph (ii) of
the greater of 0.75 times the total estimated cost (meaning the dollar amount shown
on the first page of the Contract in the cell titled “Total Estimated Cost” or shown on
each call-up, purchase order or other document used to order goods or services under
this instrument), or $1,000,000.
In any case, the total liability of the Contractor under subparagraph (e) will not
exceed the total estimated cost (as defined above) for the Contract.
(f)
If Canada’s records or data are harmed as a result of the Contractor’s negligence or willful act,
the Contractor’s only liability is, at the Contractor’s own expense, to restore Canada’s records
and data using the most recent back-up kept by Canada. Canada is responsible for maintaining
an adequate back-up of its records and data.
3.
Third Party Claims:
(a)
Regardless of whether a third party makes its claim against Canada or the Contractor, each
Party agrees that it is liable for any damages that it causes to any third party in connection with
the Contract as set out in a settlement agreement or as finally determined by a court of
competent jurisdiction, where the court determines that the Parties are jointly and severally
liable or that one Party is solely and directly liable to the third party. The amount of the
liability will be the amount set out in the settlement agreement or determined by the court to
have been the Party’s portion of the damages to the third party. No settlement agreement is
binding on a Party unless its authorized representative has approved the agreement in writing.
(b)
If Canada is required, as a result of joint and several liability, to pay a third party in respect of
damages caused by the Contractor, the Contractor must reimburse Canada by the amount
finally determined by a court of competent jurisdiction to be the Contractor’s portion of the
damages to the third party. However, despite subparagraph (a), with respect to special, indirect,
and consequential damages of third parties covered by this Section, the Contractor is only
liable for reimbursing Canada for the Contractor’s portion of those damages that Canada is
required by a court to pay to a third party as a result of joint and several liability that relate to
the infringement of a third party’s intellectual property rights; physical injury of a third party,
including death; damages affecting a third party’s real or tangible personal property; liens or
encumbrances on any portion of the Work; or breach of confidentiality.
17
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Amd. No. - N° de la modif.
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610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
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(c)
A2.4
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
The Parties are only liable to one another for damages to third parties to the extent described in
this paragraph 3.
Supplemental General Conditions
< Note to Contract Authority/Client Department: Supplemental General Conditions must be
specified by the Contracting Authority on RFP Issuance. Non-applicable clauses are to be deleted
before RFP issuance.>
ID
4001
4002
4003
4004
4006
4007
A2.5
Title
Hardware Purchase, Lease and Maintenance
Software Development or Modification Services
Licensed Software
Maintenance and Support Services for Licensed
Software
Contractor to Own Intellectual Property Rights in
Foreground Information
Canada to Own Intellectual Property Rights in
Foreground Information
Date
2008-12-12
2008-12-12
2008-12-12
2008-12-12
2008-12-12
2008-12-12
SACC Manual Clauses
The following SACC Manual Clauses are incorporated by reference and form part of this
Contract:
<Note to Contract Authority/Client Department: non-applicable clauses are to be
deleted before RFP issuance. >
ID
A9062C
C0711C
A9006C
A9131C
A9130T
B4060C
C0100C
A9117C
18
Title
Site Regulations
Time Verification
Defence Contract
Controlled Goods Program
Controlled Goods Program
Controlled Goods
Discretionary Audit - Commercial Goods
and/or Services
T1204 - Direct Request by Customer
Department
Date
2007-05-25
2008-05-12
2008-05-12
2008-12-12
2008-12-12
2008-05-12
2007-05-25
2007-11-30
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
A9116C
Buyer ID - Id de l'acheteur
T1204 - Information Reporting by
Contractor
CCC No./N° CCC - FMS No/ N° VME
2007-11-30
A3.
Applicable Laws
A3.1
This Contract will be interpreted and governed and the relations between the Parties
determined by the laws in force in Ontario.
Bidders may, at their discretion, substitute the applicable laws of a Canadian province or territory
of their choice without affecting the validity of their bid, by deleting the Canadian province or
territory specified and inserting the Canadian province or territory of their choice. If no change is
made, it acknowledges the applicable law specified is acceptable to the Contractor.
A4.
Authorities
A4.1
Client Department Technical Authority (TA)
A4.1.1 The TA for the Contract is:
<To be indicated at time of contract award >
A4.1.2 The TA is responsible for all matters concerning the technical content of the work under this
requirement. The TA will be the inspector and/or consignee for all work performed and services
provided and will be the Contractor's primary contact for all technical matters, including
interpretation of the specifications, scheduling of the work and determining the acceptability of all
services rendered.
A4.1.3 The TA will have access at all times to the work and to the Contractor's facilities where any part
of the work is being performed.
A4.2
Contractor’s Representative
A4.2.1 The Contractor has designated the following individual as the central point of contact for all
matters pertaining to this Contract:
<To be indicated at time of contract award>
A4.3
19
Contracting Authority (CA)
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
A4.3.1 The CA for the Contract is:
<To be indicated at time of contract award >
A4.3.2 All matters pertaining to the administration of, amendments to or changes in the terms of the
Contract will be referred to the Contracting Authority. Any changes to the requirement
during the life of the contract must be authorized, in writing, by the Contracting Authority.
No work is to be performed in excess of or outside the scope of this requirement based on
instruction from any government personnel other than the Contracting Authority.
A5.
Priority of Documents
A5.1
The documents specified below form part of and are incorporated into the Contract. If there
is a discrepancy between the wording of any documents which appear on the list, the wording
of the document which first appears on the list will prevail over the wording of any document
which subsequently appears on the list:
(a) The Articles of Agreement, including the Terms and Conditions set out in this Contract;
(b) The Supplemental General Conditions:
< Note to Contract Authority/Client Department: Non-applicable clauses are to be
deleted by Contracting Authority prior to RFP issuance and as per clause A2.3.>
4001 (2008/12/12)
Hardware Purchase, Lease and Maintenance
4002 (2008/12/12)
Software Development/Modification Services
4003 (2008/12/12)
Licensed Software
4004 (2008/12/12)
Maintenance and Support Services for Licensed Software
4006 (2008/12/12)
Contractor to Own Intellectual Property Rights, OR
4007 (2008/12/12)
Canada to Own Intellectual Property Rights in Foreground
Information
(c) 2035 (2008/12/12), General Conditions - Higher Complexity - Services, as modified
herein;
(d) List of Annexes by order of priority, as applicable;
(e) The RFSA - Solicitation No. W2213-050347/G;
(f) Contractor’s bid dated,
.
A6.
Requirement for Training and Familiarization
A6.1
Any training required by contract personnel to perform specific assignments will be on the
Contractor’s time and expense, unless otherwise specifically indicated in a RFP and in the
resulting contract.
20
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610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
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CCC No./N° CCC - FMS No/ N° VME
A6.2
Canada will not provide technology training, unless otherwise specifically indicated in a RFP
and in the resulting contract.
A6.3
Canada will, wherever possible, provide standards, policies, guidelines and appropriate
documentation to describe how the application systems are designed and configured, as well
as other assistance needed to help contract personnel to work on application systems.
A7.
Ownership and Disclosure of Information
A7.1
It is understood and agreed that the Contractor will, in the course of, as well as following,
performance of the Contract, treat as confidential and not divulge, unless authorized in
writing by Canada, any information obtained from Canada in the course of the performance
of the Contract.
B.
B1.
REQUIREMENT DEFINITION
Requirement
B1.1
The SA Holder identified on page 1 of the contract (herein called the “Contractor”) will
provide services/deliverables to Canada to assist the authorized client, in accordance with the
contract forwarded to the Contractor by the Contracting Authority, in accordance with the
Statement of Work (SOW) which will form part of the Contract.
B2.
Contract Period
B2.1
The period of the Contract is mmm/dd/yyyy to mmm/dd/yyyy. <to be indicated at time of
contract award>.
B2.2
Options to extend the resulting Contract: The Contractor will grant to Canada the irrevocable
option(s) to extend the term of the resulting Contract by <to be indicated at time of
contract award> (the “Option Periods”) under the same terms and conditions.
A) Canada may exercise the above option(s) at any time by sending a notice to the
Contractor prior to the date upon which the Contract would otherwise expire.
B) The Contractor agrees that, during the Option Period(s), the rates/prices will be in
accordance with the provision of the Contract.
C) The option(s) may only be exercised by the Contracting Authority and will be
evidenced, for administrative purposes only, by a Contract Amendment.
B3.
Contract Form
B3.1
The authorized form for this contract will be the PWGSC-TPSGC 9400-04 form or any other
forms approved by the PWGSC SA Authority.
21
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Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
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B4.
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
Suitability of Services
In addition to General Conditions – Higher Complexity – Services 2035 (2008-12-12) Article 5
“conduct of Work”:
B4.1
Should personnel be found unsuitable to perform the services, and on written advice from
Canada through PWGSC SA Authority, the Contractor will implement suitable corrective
actions within five (5) working days after written notice by PWGSC SA Authority.
B4.2
Should Contractor personnel and/or the quality of the work provided still be found
unsuitable, those specific individuals will be considered unsuitable and their service will no
longer be authorized. The PWGSC SA Authority will inform the Contractor in writing of
this situation. The Contractor will have five (5) working days from receipt of the written
notice of a personnel services termination to provide a suitable qualified replacement.
B5.
Personnel Qualification and Backup
B5.1
In addition to General Conditions – Higher Complexity - Services, 2035 (2008-12-12)
Article 08 “Replacement of Specific Individuals”:
i.
ii.
iii.
iv.
v.
A suitable replacement will be proposed within a maximum response time of forty
eight (48) hours and the individual taskings / responsibilities will be covered within a
maximum response time of five working days; and
such occurrence does not extend the completion date specified in this contract unless
such extension has been accepted by the Technical Authority and incorporated into
the Contract in the form of an amendment to the Contract approved by the
Contracting Authority
The replacement proposed must achieve a total weighted candidate score equal or
superior to the resource being replaced.
Replacement personnel must not commence providing contracted services until the
Contracting Authority and the Technical Authority have evaluated the necessary
documents and the Contracting Authority has provided the Contractor with written
authority to proceed.
Canada will have no obligation to pay for services and related deliverables provided
by Contractor personnel who have not previously been approved in writing by
Contracting Authority.
B6.
Contractor Supplied
B6.1
The Contractor will furnish the following at no additional cost to the Contract:
i)
22
Contract-related services that are administrative and management functions necessary
to support the contract, and the hardware, software, and communications systems
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
necessary to interface effectively and efficiently with Canada. These include, but are
not limited to: financial management, recruiting, interviewing, training, payroll
preparation, travel arrangements, Contract bid preparation, obtaining security
clearances, contracting, and clerical support.
ii) Office and working space for contract-related services, if necessary.
iii) Office equipment and expenses necessary to perform contract-related services
including: IT and network operations, hardware, software, printing, photocopying,
communications, postage, express mail, paper and copying supplies, local and long
distance telephone service, and other services, equipment and supplies required in
support of the work.
B7.
Canada Facilities, Equipment, Documentation & Personnel
B7.1
The Contractor may be required to perform the work on-site at Canada offices or off-site at
the Contractors facilities, where applicable.
B7.2
Access to the following Canada facilities, equipment, documentation and personnel may be
required during the contract period in order to perform the work:
(a) Client department’s premises;
(b) Client department’s computer systems;
(c) Documentation; and
(d) Personnel for consultation.
B7.3
Canada’s facilities, equipment, documentation and personnel are not automatically at the
disposal of the Contractor. The Contractor is responsible for timely identification of the need
for access to the referenced facilities, equipment, documentation and personnel.
B7.4
Subject to the approval of the Technical Authority, arrangements will be made for the
contractor to access the required facilities, equipment, documentation and personnel at the
Client department’s earliest convenience.
B8.
Non-Permanent Resident <Note to Contract Authority/Client Department: Nonapplicable clause is to be deleted by the Contracting Authority prior to contract award>.
OPTION 1 – delete if not applicable at Contract stage.
B8.1
Non-permanent resident (Canadian Contractor)
(a) The Contractor is responsible for compliance with the immigration requirements applicable
to non-permanent residents entering Canada to work on a temporary basis in fulfillment of
this Contract.
23
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610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
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CCC No./N° CCC - FMS No/ N° VME
(b) In some instances, the employment authorization necessary to enter Canada cannot be issued
without prior approval of Human Resources Centre Canada (HRCC). HRCC should always
be contacted as soon as the decision to bring in a non-permanent resident is made.
(c) The Contractor will be responsible for all costs incurred as a result of noncompliance with
immigration requirements.
OPTION 2 – delete if not applicable at Contract stage.
B8.1
Non-permanent resident (Foreign Contractor)
(a) The Contractor will ensure that non-permanent residents intending to work in Canada on a
temporary basis in fulfillment of the Contract, who are neither Canadian citizens nor United
States nationals, receive all appropriate documents and instructions relating to Canadian
immigration requirements and secure all required employment authorizations before their
arrival at the Canadian port of entry.
(b) The Contractor will ensure that United States nationals having such intentions receive all
appropriate documents and instructions in that regard before their arrival at the Canadian port
of entry. Such documents may be obtained at the appropriate Canadian Embassy/Consulate in
the Contractor's country.
(c) The Contractor will be responsible for all costs incurred as a result of noncompliance with
immigration requirements.
B9.
Privacy
B9.1
The Privacy Act applies to all personal information recorded in any form by the Contractor in
connection with any services rendered under this agreement.
B10.
Information Storage and Retrieval
B10.1 All information storage and retrieval disks and tapes are to be electronically scanned by the
Contractor for computer viruses and other coding intended to cause malfunctions, before
being used on Canada equipment.
B10.2 The Contractor or Contractor’s personnel will immediately inform the Technical Authority or
Technical Authority designate, if disks or tapes used for work on this requirement are found
to contain computer viruses or coding intended to cause malfunctions.
B10.3 The program used by the Contractor to scan for computer viruses will be subject to the
approval of the Technical Authority or Technical Authority designate.
24
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W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
C.
C1.
PRICE
Professional Services
C1.1
The Contractor will be paid in accordance with the basis of payment detailed in subsection
C1.2 “Basis of Payment” below. < Note to Contract Authority/Client Department: nonapplicable clauses are to be deleted by Contracting Authority prior to RFP issuance.>
C1.2
Basis of Payment
This vehicle provides for the issuance of two types of contracts to accommodate different
requirements. The individual RFP will specify the basis of payment that will apply to the resulting
contract.
OPTION 1 – delete if not applicable.
C1.2.1 Basis of Payment – Time and Materials (T&M) Contracts will be firm per diem rates
with estimated cost.
C1.2.1.1 The Contractor will be paid in accordance with the firm per diem rates for work and
services performed pursuant to this Contract, as per Annex “B” Basis of Payment.
C1.2.1.2 The estimated cost for the work and services performed pursuant to this Contract
(excluding Travel/Living Expenses and GST/HST) is $
. <to be indicated at
time of contract award>
OPTION 2 – delete if not applicable.
C1.2.1 Basis of Payment - Firm Price Contract
a) This type of contract includes reasonably well-defined requirements and should be used
whenever feasible. <Note to Contract Authority/Client Department: remove this
instruction prior to RFP issuance.>
b) Firm Price Contracts include specific acceptance criteria and exact prices for each
deliverable. Contractor invoices are certified for payment upon completion and
acceptance of deliverables. <Note to Contract Authority/Client Department: remove this
instruction prior to RFP issuance.>
C1.2.1.1 In consideration of the contractor satisfactorily completing all of its obligations under this
contract, the contractor will be paid a firm price of $_____ (excluding travel/living
expenses and GST/HST).
C1.3
25
Travel and Living Expenses
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
< Note to Contract Authority/Client Department: non-applicable clauses are to be deleted by
Contracting Authority before RFP issuance.>
Option 1: delete if not applicable
C1.3.1 There are no travel and living expenses associated with contract.
Option 2: delete if not applicable
C1.3.1 In case of pre-authorized travel and living expenses, the Contractor will be paid for
reasonable and proper travel and living expenses, supported by appropriate receipts, incurred
by personnel directly engaged in the performance of the Work, calculated in accordance with
the then-current Treasury Board Guidelines on Travel and Living Expenses, at actual cost
only without any allowance thereon for overhead or profit. Charges for air travel will not
exceed that for economy class.
C1.3.2 All payments are subject to government audit.
C1.3.3
Section 7 of Special Travel Authorities issued by Treasury Board Secretariat applies to
contract personnel traveling on behalf of Canada. All information relating to Treasury
Board Travel and Living Directives can be access through the following web site:
http://www.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_113/menu-travel-voyage_e.asp
C1.3.4
The estimated Travel Cost of $<to be determined> is included in the total estimated cost.
All travel must be pre-approved by the Technical Authority. <Note to Client department: must
be specified by Contracting Authority upon RFP issuance>
C1.4
Definition of a day/proration
C1.4.1 A day is defined as 7.5 hours exclusive of meal breaks.
C1.4.2 Payment will be for days actually worked with no provision for annual leave, statutory
holidays and sick leave.
C1.4.3 Time worked which is more or less than a day will be prorated to reflect actual time worked
in accordance with the following formula:
Hours worked X fixed per diem rate
C2.
Overtime Work
C2.1
All proposed personnel must be available to work outside normal office hours during the
duration of the contract.
26
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
C2.2
No overtime charges will be authorized under this Contract. All time worked will be
compensated according to para. C1.2 above.
C3.
GST/HST
C3.2
The estimated GST or HST of $
is included in the total estimated cost. GST or
HST, to the extent applicable, will be incorporated into all invoices and progress claims and
shown as a separate item on invoices and progress claims. All items that are zero-rated,
exempt or to which the GST or HST does not apply, are to be identified as such on all
invoices. The Contractor agrees to remit to Canada Customs and Revenue Agency any
amounts of GST and HST paid or due.
C4.
Expenditure Limitation
< Note to Contract Authority/Client Department: non-applicable clauses are to be deleted by
Contracting Authority before RFP issuance.>
OPTION 1 – delete if not applicable.
C4.1
Time and Materials Contracts
C4.1.1
Canada's total liability to the Contractor under the Contract must not exceed $ _______.
Customs duties are _____ (insert "included", "excluded" or "subject to exemption") and
Goods and Services Tax or Harmonized Sales Tax is extra, if applicable.
C4.1.2
No increase in the total liability of Canada or in the price of the Work resulting from any
design changes, modifications or interpretations of the Work, will be authorized or paid to
the Contractor unless these design changes, modifications or interpretations have been
approved, in writing, by the Contracting Authority before their incorporation into the
Work. The Contractor must not perform any work or provide any service that would result
in Canada's total liability being exceeded before obtaining the written approval of the
Contracting Authority. The Contractor must notify the Contracting Authority in writing as
to the adequacy of this sum:
(a)
when it is 75 percent committed, or
(b) four (4) months before the contract expiry date, or
(c)
27
as soon as the Contractor considers that the contract funds
provided are inadequate for the completion of the Work, whichever comes first.
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
C4.1.3.
C4.1.4
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
If the notification is for inadequate contract funds, the Contractor must provide to the
Contracting Authority a written estimate for the additional funds required. Provision of
such information by the Contractor does not increase Canada's liability.
Authority by the Technical Authority to carry out work is not to be construed as authority
to proceed with work which will result in exceeding the financial limitation of a SA
Contract.
OPTION 2 – delete if not applicable.
C4.1
Firm Price Contracts
C4.1.1
No increase in the total liability of Canada or in the price of Work resulting from any
design changes, modifications or interpretations of specifications, made by the
Contractor, will be authorized or paid to the Contractor unless such changes,
modifications or interpretations, have been approved, in writing, by the Contracting
Authority, before their incorporation into the Work.
C4.1.2
The Contractor will not be obliged to perform any work or provide any service that
would cause the total liability of Canada to be exceeded, unless an increase is authorized
by the Contracting Authority.
TASK AUTHORIZATION PROCESS – WORK PERFORMED “AS AND WHEN
REQUESTED”
<Note to Client department: must be specified by Contracting Authority on RFP issuance>
D.
OPTION 1 – delete if not applicable.
D1.
At this time, this contract is not task based. There is no task authorization process applicable
to this contract.
OPTION 2 – delete if not applicable.
D1.
A Task Authorization will be necessary for all Work to be done under this Contract in
accordance with the process detailed herein. The Contractor will not commence work until an
approved Task Authorization has been received from the Technical Authority. The
Contractor acknowledges that any and all work performed in the absence of the above
approved Task Authorization will be done at the Contractor's own risk, and the Canada will
not be liable for payment therefore, unless or until an approved Task Authorization is
provided by the Technical Authority.
D2.
The Contractor agrees to provide to the Technical Authority, on request, any information and
estimates that may be required to prepare the Task Authorization.
28
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
D3.
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
As it is understood and agreed by the Contractor that the Work to be provided under a Task
Authorization:
(a)
an obligation will come into force only when there is a Task Authorization issued and
only to the extent designated in the Task Authorization; and
(b)
any and all authorized Task Authorizations will incorporate all the articles, terms and
conditions contained or referenced in the Contract.
D4.
Services to be provided will be described in the approved Task Authorization document.
D5.
The Technical Authority will complete the Task Authorization with a Statement of Work
attached as an Appendix. This Statement of Work will contain the following information for
the task period:
(i)
the details of the work activities to be performed within the scope of the Task
Authorization;
(ii)
a description of deliverables and reports to be submitted;
(iii)
a schedule indicating completion dates for major work activities and/or submission
dates for deliverables and reports; and,
(iv)
an estimate of the number of person-days level of effort identifying the resource
category as specified herein.
D6.
A Task Authorization will use as a basis of payment:
D6.1
A firm per diem rate(s) not to exceed a financial limitation calculated in accordance with the
firm per diem rates established in ANNEX “B”, Basis of Payment, of the Contract.
D6.2
A Firm Lot Price with Milestone Payments, not to exceed a financial limitation calculated in
accordance with the firm per diem rates established in ANNEX “B”, Basis of Payment, of the
Contract.
D7.
The Task Authorization process is as follows:
Step 1:
Step 2:
29
A Task Authorization will be initiated in writing by the Technical Authority
through Task Authorization Form. The Technical Authority will direct the Task
Authorization to the Contractor for review, acceptance, and signature.
When the basis of payment selected for the Task Authorization is firm per diem
rates, the Contractor will complete the Task Authorization form with the firm per
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
Step 3:
Step 4:
Step 5:
Step 6:
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
diem rate(s) and service category/categories in accordance with the ceiling per
diem rates identified in ANNEX “B”, Basis of Payment.
When the basis of payment selected for the Task Authorization is firm lot price,
the Contractor will provide the firm lot price quoted, breaking this price down per
milestone on a separate page, in accordance with the Method of Payment herein.
The Contractor must forward an appropriately signed response to the Technical
Authority within the number of days specified in the Task Authorization.
The Technical Authority will review the Task Authorization response. An
approved Task Authorization will be signed by the Technical Authority, and the
appropriate Contractor’s authority, and will include the Statement of Work for the
period/assignment within the Task Authorization.
TA Limit: All Work will be requested and authorized by the Technical
Authority (TA) for Task Authorizations up to a limit of $<CA to insert
threshold> per Task Authorization (including GST/HST). Any Task
Authorization to be issued in excess of $<CA to insert same amount for
threshold> will require the Contracting Authority's review and approval. All
Work performed is subject to acceptance by the Technical Authority. <Note to
Contract Authority: Delete Step 6 if not applicable>
D8.
The Contracting Authority may terminate all or any part of an authorized Task Authorization
for the convenience of the Canada on two (2) days written notice to the Contractor. In the
event of such termination, the Contractor agrees that it will be entitled to be compensated
only for Work performed and accepted up to the effective date of such termination.
D9.
The Contracting Authority may terminate all or any part of an authorized Task Authorization
due to the default of the Contractor at any time on one (1) days written notice to the
Contractor. In the event of such termination, the Contractor and Canada agree that the rights
and obligations of the Contractor and the Canada will be governed by the provisions of
Article 28, Default by the Contractor, of 2035 (2008/12/12), General Conditions –Higher
Complexity—Services.
E.
CONTRACT FOR WORK “AS AND WHEN REQUESTED”
< Note to Contract Authority/Client Department: non-applicable clauses are to be deleted by
Contracting Authority before RFP issuance. If this is not a Task Based contract and you have
deleted Option 2 of clause D. Task Authorization Process - Work Performed “As-And-WhenRequested” above, you must also delete Option 2 of this clause.>
OPTION 1 – delete if not applicable.
E1.
At this time, this contract is not task based for work as-and-when-requested. There is no
task authorization process applicable to this contract.
OPTION 2 – delete if not applicable.
E1.
30
In this clause,
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
"Maximum Contract Value" means the amount specified in the Limitation of Expenditure
clause set out in this Contract;
"Minimum Contract Value" means 1.0 % of the Initial Contract Value.
E2.
Under the terms of the Contract, the Contractor will provide to Canada the work described in
this Contract "as-and-when-requested" by Canada during the period of this Contract.
Canada's obligation under this Contract is to request work in the amount of the Minimum
Contract Value or, at Canada's option, to pay the Contractor in accordance with paragraph 3.
at the end of the Contract. In consideration of such obligation, the Contractor agrees to stand
in readiness throughout the period of the Contract to perform the work described in the
Contract. Canada's maximum liability for work performed under the Contract will not exceed
the Maximum Contract Value, unless an increase is authorized in writing by the Minister.
E3.
If Canada does not request work in the amount of the Minimum Contract Value during the
period of Contract, Canada will pay the Contractor the difference between the Minimum
Contract Value and the cost of the work requested.
E4.
Canada will have no obligation to the Contractor under this clause if the Minister terminates
the Contract in whole or in part for default.
F.
DELIVERY, INSPECTION AND ACCEPTANCE
F1.
Inspections and Acceptance
In addition to General conditions – Higher Complexity – Services 2035 (2008-12-12):
F1.1
All work done and documents/data delivered as a result of this contract, will be evaluated by
the Technical Authority to determine whether or not it meets the requirements defined in the
contract.
F1.2
On the acceptance of the deliverables by the Technical Authority, such certification will be
the basis on which the Technical Authority will recommend payment.
F2.
Failure to Deliver
F2.1
Except for excusable delays notified in accordance with Article 10 of 2035 General
Conditions – Higher Complexity - Services, failure to deliver by the date(s) specified in the
Contract will prejudice Canada and will, at Canada’s discretion, entail either
a)
31
Contract Termination in accordance with General Conditions 2035 Article 09 (Time
is of the Essence) and Article 28 (Default by the Contractor), with damages being
payable to Canada consistent with the prejudices so occasioned, including but not
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
limited to any excess cost incurred by Canada for reprocurement of undelivered
services and related deliverables;
or
b)
Consideration for Contract Amendment. Delivery date(s) will not be extended
without consideration being provided by the Contractor which may include but not be
limited to an adjustment, in the favor of Canada, to the contracted price, warranty,
quantity and/or services and related deliverables to be provided.
F2.2
Either of the above mentioned remedies applied may be recorded against an SA Contractor's
performance. Unsatisfactory performance may result in the exclusion of an SA Contractor
from bidding on future solicitations for a specified period or withdrawal of the Contractor's
SA.
G.
INDUSTRIAL SECURITY REQUIREMENT
<Note to Contract Authority/Client Department: Industrial Security Requirement must be
specified by Contracting Authority upon RFP issuance>
G1.
Contractor personnel requiring access to sensitive information or assets must hold a valid,
appropriate level of personnel security screening in accordance with the security
requirements of the Contract. Work facilities will be provided as necessary and available by
the Technical Authority.
OPTION 1 – delete if not applicable.
<Note to Contract Authority/Client Department: The following clause will be used
when a Security Requirement other than those described in the pre-approved SRCLs (See
Annex D) applies. Delete if not applicable. >
G2.
The Contractor will comply entirely with the following Security Requirement Checklist:
<insert applicable security clause here and insert the corresponding Security Requirements
Checklist in Annex C.>
OPTION 2 – delete if not applicable.
<Note to Contract Authority/Client Department: The following clauses will be used
when a pre-approved SRCL applies. Please select a pre-approved SRCL from the PWGSC
CPSA website at http://www.tpsgc-pwgsc.gc.ca/app-acq/amac-cpsa/index-eng.html. Delete if
not applicable.>
G2.
32
The Contractor will comply entirely with the following Security Requirement Checklist:
<insert applicable security clause here and insert the corresponding Security Requirements
Checklist in Annex C.>
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
H.
TERMS OF PAYMENT
H1.
Method of Payment
<Note to Contract Authority/Client Department: select ONE method of payment from
the types below that is applicable to this requirement, prior to RFP issuance. The most
appropriate method of payment will be determined in each RFP. Option 4 below is for Task
Based Contracts. Delete the clauses that are not applicable. >
OPTION 1 – delete if not applicable.
H1.1 For services rendered not more frequently than once a month
H1.1.1 Payment will be made not more frequently than once a month, upon submission of an invoice
in a form, and containing information, acceptable to the Project Authority specified herein.
Time sheets will be provided to support any time being claimed.
H1.1.2 Payment by Canada to the Contractor for the Work will be made:
a) in the case of a payment other than the final payment, within thirty (30) days following
the date of receipt of a duly completed invoice; or
b) in the case of a final payment, within thirty (30) days following the date of receipt of a
duly completed invoice, or within thirty (30) days following the date on which the Work
is completed, whichever date is the later;
H1.1.3 If Canada has any objection to the form of the invoice, within fifteen (15) days of its receipt,
Canada will notify the Contractor of the nature of the objection. "Form of the invoice"
means an invoice which contains or is accompanied by such substantiating documentation as
Canada requires. Failure by Canada to act within fifteen (15) days will only result in the date
(as per H1.1.2 a) and b) of this clause) applying for the sole purpose of calculating interest on
overdue accounts.
OPTION 2 – delete if not applicable.
H1.1 Upon completion of the Work
H1.1.1 Payment by Canada for the Work will be made within:
33
i.
thirty (30) days following the date on which all of the Work has been delivered at
the location(s) specified in the Contract and all other Work required to be performed
by the Contractor under the terms of the Contract has been completed; or
ii.
thirty (30) days following the date on which an invoice and substantiating
documentation are received according to the terms of the Contract;
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
whichever is later.
H1.1.2 If Canada has any objection to the form of the invoice or the substantiating documentation,
within fifteen (15) days of its receipt, Canada will notify the Contractor of the nature of the
objection. “Form of the invoice” means an invoice which contains or is accompanied by such
substantiating documentation as Canada requires. Failure by Canada to act within fifteen (15)
days will only result in the date (as per H1.1.1 a) and b) of this clause) applying for the sole
purpose of calculating interest on overdue accounts.
OPTION 3 – delete if not applicable.
H1.1 Milestone Payment
H1.1.1 Milestone claims will not be made more frequently than once a month, and in accordance
with the schedule detailed in the approved Contract, upon the following terms and
conditions:
H1.1.2 Payment by Canada to the Contractor for the Work will be made:
A. in the case of a milestone payment other than the final payment, within thirty (30) days
following the date of receipt of a duly completed Claim for Progress Payment (PWGSCTPGSC 1111); all the certificates appearing on the said form are to be signed by or for
the respective persons indicated.
B. in the case of a final payment, within thirty (30) days following the date of receipt of a
duly completed final Claim for Progress Payment (PWGSC-TPGSC 1111), or within
thirty (30) days following the date on which the Work is completed, whichever date is the
later. Failure by Canada to act within fifteen (15) days will only result in the date (as per
H1.1.1 a) and b) of this clause) applying for the sole purpose of calculating interest on
overdue accounts.
H1.1.3 If Canada has any objection to the form of the invoice, within fifteen (15) days of its receipt,
Canada will notify the Contractor of the nature of the objection. “Form of the invoice” means
an invoice which contains or is accompanied by such substantiating documentation as
Canada requires. Failure by Canada to act within fifteen (15) days will only result in the date
(as per H1.1.2 a) and b) of this clause) applying for the sole purpose of calculating interest on
overdue accounts.
H1.1.4 Milestone payments will be regarded as interim payments only and the Minister will have
the right to conduct interim cost/time verifications or audits and to make adjustments from
time to time during the performance of the work. Any payments resulting from such
milestone payments or otherwise will be promptly refunded to Her Majesty.
H1.1.5 Each claim will show:
34
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
I. the value of milestones completed during the claim period by line item as detailed in the
payment terms of the Contract;
II. (if applicable) holdback at five percent (5%), calculated on the claim amount; and
III. GST/HST calculated on the claim amount.
OPTION 4 – delete if not applicable.
Work Performed According to Task Authorizations
<Note to Contract Authority/Client Department: select ONE method of payment for
Task Based contracts from the types below that is applicable to this requirement, prior to
RFP issuance. The most appropriate method of payment will be determined in each RFP.
Delete the clauses that are not applicable. >
OPTION 4.1 – delete if not applicable.
H1.1.1 Firm Per Diem Rates with a Limitation of Expenditure
H1.1.1.1
Payment will be made not more frequently than once a month, upon submission of an
invoice in a form, and containing information, acceptable to the Technical Authority
specified herein. Time sheets will be provided to support any time being claimed.
H1.1.1.2 Payment by Canada for the Work will be made in accordance with the Basis of Payment
specified herein:
a) within thirty (30) days following the date on which the work has been performed;
or
b) within thirty (30) days following the date on which an invoice and substantiating
documentation are received according to the terms of the Contract;
whichever is later.
H1.1.1.3 If Canada has any objection to the form of the invoice or the substantiating
documentation, within fifteen (15) days of its receipt, Canada will notify the Contractor of
the nature of the objection. "Form of the invoice" means an invoice which contains or is
accompanied by such substantiating documentation as Canada requires. Failure by
Canada to act within fifteen (15) days will only result in the date (as per H1.1.1.2 a) and b)
of this clause) applying for the sole purpose of calculating interest on overdue accounts.
OPTION 4.2 – delete if not applicable.
H1.1.1 Firm Lot Price with Milestone Payments
H1.1.1.1 Milestone payments will be made following the acceptance of the deliverables submitted
for each of the deliverables identified in the approved Task Authorization (see sample
below), and in accordance with the following terms and conditions:
35
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
Buyer ID - Id de l'acheteur
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
Milestone Payment #1
Milestone Payment #2
Amount
$
$
CCC No./N° CCC - FMS No/ N° VME
Date
Deliverable
H1.1.1.2 Payment by Canada to the Contractor for the Work will be made :
A. in the case of a milestone payment other than the final payment, within thirty (30)
days following the date of receipt of a duly completed Claim for Progress Payment
(PWGSC-TPGSC 1111); all the certificates appearing on the said form are to be
signed by or for the respective persons indicated.
B. in the case of a final payment, within thirty (30) days following the date of receipt of
a duly completed final Claim for Progress Payment (PWGSC-TPGSC 1111), or
within thirty (30) days following the date on which the Work is completed, whichever
date is the later.
H1.1.1.3 If Canada has any objection to the form of the claim, within fifteen (15) days of its receipt,
Canada will notify the Contractor of the nature of the objection. "Form of the claim"
means a claim which contains or is accompanied by such substantiating documentation as
Canada requires. Failure by Canada to act within fifteen (15) days will only result in the
date (as per H1.1.1.2 a) and b) of this clause) applying for the sole purpose of calculating
interest on overdue accounts.
H1.1.1.4 Payments will be made upon approval of the Technical Authority but in no event will
cumulative payments exceed one hundred percent (100%) of the Task Authorization value.
H1.1.1.5 Each claim will show:
H1.1.1.6 the value of milestones completed during the claim period by line item as detailed in the
payment terms of the Contract;
H1.1.1.7 (if applicable) holdback at five percent (5%), calculated on the claim amount, (payable
upon completion and acceptance of each Task Authorization); and
H1.1.1.8 GST/HST calculated on the claim amount.
H2.
Invoicing Instructions
2035 General Conditions –Higher Complexity--Services are modified as follows:
Article 12 “Invoice Submission” is deleted and the following paragraphs (one of the Options
below) are inserted in its place:
36
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
<Note to Contract Authority/Client Department: select ONE type of Invoicing Instruction
below prior to RFP issuance. >
OPTION 1 – delete if not applicable.
H2.1 For services rendered not more frequently than once a month or Upon completion of the
work
H2.1.1 Payment will only be made on receipt of a satisfactory invoice duly supported by specified
release documents and other documents called for under the Contract.
H2.1.2 Invoices must be submitted on the Contractor’s own form and must be prepared to show:
A)
B)
C)
D)
E)
F)
G)
H)
Company name, address, etc.
“Destination” (Client’s address);
The date;
Supply Arrangement Number;
Contract number;
Financial codes, including GST or HST (as applicable) registration number;
Period in which services were rendered;
Individual(s) who provided service and related information, such as:
1. Name;
2. Work Stream;
3. Resource Category;
4. Number of days worked;
5. Applicable per diem rate; and
6. Total dollar amount being charged;
I) Authorized travel and living expenses (including substantiating documentation and
receipts);
J) Description of work performed.
Note: On all invoices a cost breakdown will be shown.
H2.1.3 The original and two (2) copies of each invoice, together with attachments and a monthly
cumulative expenditure tracking report, will be forwarded to the Technical Authority.
H2.1.4 One copy of each invoice, along with the monthly cumulative expenditure tracking report, will be
forwarded to the Contracting Authority.
OPTION 2 – delete if not applicable.
H2.1 Milestone Payment
H2.1.1 Milestone payments will only be made upon receipt of satisfactory invoice specified under
this Contract.
37
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
H2.1.2 The original invoices and two (2) copies are to be forwarded to the Technical Authority and
the Contracting Authority for appropriate certification after the Technical Authority has
accepted the work. Upon certification, the Technical Authority forwards the Contractor’s
invoice form to the Technical Authority’s paying office for all remaining certifications an
payment action.
H2.1.3 Invoices will not be submitted by the Contractor until all work identified in the invoice has
been completed.
H2.1.4 Invoices must be submitted on the PWGSC Form 1111 and must be prepared to show:
A) Company name, address, etc.
B) “Destination” (Client’s address);
C) The date;
D) Supply Arrangement Number;
E) Contract number;
F) Financial codes, including GST or HST (as applicable) registration number;
G) Period in which services were rendered;
H) individual(s) who provided service and related information, such as:
1. Name;
2. Work Stream;
3. Resource Category;
4. Number of days worked; and
5. Applicable per diem rate.
I) Authorized travel and living expenses (including substantiating documentation and
receipts);
J) The value of milestones completed during the claim period by line item as detailed in the
payment terms of the Contract;
K) Amount currently claimed;
L) Total dollar amount of all previous claims against the Contract and the extensions of the
total to date; and
M) Description of work performed.
Note: A cost break down will be shown on all invoices.
H2.1.5 The original and two (2) copies of each invoice, together with attachments and a monthly
cumulative expenditure tracking report, will be forwarded to the Project Authority.
H2.1.6 One copy of each invoice, along with the monthly cumulative expenditure tracking report, will be
forwarded to the Contracting Authority.
I.
TERMINATION OF CONTRACTS
I1.
The Contracting Authority may terminate all or any part of an authorized Contract due to the
default of the Contractor at any time on five (5) days’ written Notice to the Contractor.
38
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
J.
FEDERAL CONTRACTORS PROGRAM FOR EMPLOYMENT EQUITY
J1.
The Contractor has certified in its bid as to its status with the Federal Contractors Program
for Employment Equity.
J2.
The Contractor acknowledges that the Minister has relied on such certification to enter into
this Contract. Such certification may be verified in such manner as the Minister may
reasonably require. The Contractor acknowledges that in the event of a misrepresentation,
the Minister will have the right to treat the Contract as being in default in accordance with
the default provisions of the Contract.
K.
CLOSURE OF GOVERNMENT OFFICES
K1.
Contractor personnel are employees of the Contractor and are paid by the Contractor on the
basis of services rendered. Where Contractor’s employees are providing services on
government premises under this Contract and the said premises become non accessible due to
evacuation or closure of government offices, and consequently no Work is being performed
as a result of the closure, Canada will not be liable for payment to the Contractor for the
period of closure.
L.
CONTROLLED GOODS
<Note to Client department: must be specified by Contracting Authority on RFP issuance>
L1.
As the resulting contract will require the production of or access to controlled goods that are
subject to the Defence Production Act, bidders are hereby advised that within Canada only
persons who are registered, exempt or excluded under the Controlled Goods Program (CGP)
are lawfully entitled to examine, possess or transfer controlled goods. Details on how to
register under the GCP are available at: http://www.cgp.gc.ca, and registration is carried out as
follows:
(a) When the bid solicitation document includes controlled goods information or technology,
the bidder must be registered, exempt or excluded under the CGP before receiving the bid
solicitation document. Requests for technical data packages or specifications related to the
controlled goods should be made in writing to the Contracting Authority identified herein
and must contain the CGP registration number or written proof of exemption or exclusion of
the bidder and any other person to whom the bidder will give access to the controlled goods.
(b) When the bid solicitation document does not include controlled goods information or
technology but the resulting contract requires the production of or access to controlled
goods, the potential contractor and any subcontractor who will be producing or accessing
controlled goods must be registered, exempt or excluded under the CGP before examining,
possessing or transferring controlled goods.
39
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
(c) When the Contractor and any subcontractor proposed to examine, possess or transfer
controlled goods are not registered, exempt or excluded under the CGP at time of contract
award, the Contractor and any subcontractor will, within seven (7) working days from
receipt of written notification of contract award, ensure that the required application(s) for
registration or exemption are submitted to the CGP. No examination, possession or transfer
of controlled goods will be performed until the Contractor has provided proof, satisfactory
to the Contracting Authority that the Contractor and any subcontractor are registered,
exempt, or excluded under the CGP.
Failure of the Contractor to provide proof, satisfactory to the Contracting Authority, that the
Contractor and any subcontractor are registered, exempt or excluded under the CGP, within
thirty (30) days from receipt of written notification of contract award, will be a default under
the Contract except to the extent that Canada is responsible for the failure due to delay in
processing the application.
L2.
M.
Bidders are advised that all information on the Application for Registration (or exemption)
Form will be verified and errors or inaccuracies may cause significant delays and/or result in
denial of registration or exemption.
SUPPLEMENTAL CONFLICT OF INTEREST
<Note to Contract Authority/Client Department: DELETE if not applicable.>
Because the work to be performed under the Contract includes the preparation of Statements
of Work (SOWs), bid solicitations, or specifications, and/or involves the evaluation of bids,
in order to avoid any conflict of interest or appearance of conflict of interest, the Contractor
acknowledges that it will not be eligible to bid, either as a prime contractor or as a
subcontractor (including as an individual resource), or to assist any third party in bidding, on
any requirement relating to the work performed by the Contractor or involving the
participation of the Contractor in the evaluation of bids. Canada will disqualify any bid for
which the Contractor is the bidder or is otherwise involved in the bid, either as a
subcontrator, as an individual resource, or as someone (either itself or its employees) who
advised or otherwise provided assistance to the bidder.
40
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX A: STATEMENT OF WORK
[Note to Contract Authority/Client Department: Insert Statement of Work (SOW) – sample
SOWs are available on the PWGSC CPSA website at http://www.tpsgc-pwgsc.gc.ca/app-acq/amaccpsa/index-eng.html. SOW must not include any evaluation criteria, pricing information or any
terms and conditions.]
41
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX B: BASIS OF PAYMENT
[Note to Contract Authority/Client Department: The text in this Annex is provided as an example
only. Client departments are to reflect the needs of their requirement. The Work Stream, Resource
Category/Level, Period of Contract and Estimated Level of Effort columns are to be filled-in by the
Contract Authority before RFP issuance.]
The Contractor will be paid in accordance with the following Basis of Payment for work performed
under the Contract.
Note to vendors: A Firm Per Diem Rate for each resource category/level must be included with all
bid submissions against the CPSA, including Firm/Fixed Price bids. [Note to Contract Authority:
delete if not applicable]
1.
PROFESSIONAL SERVICES
The Contractor will be paid the following firm all-inclusive per diem rates for work
performed under this Contract, in accordance with Annex “A”, during the Contract period.
Goods and Services Tax (GST) or Harmonized Sales Tax (HST) extra
Work Stream
& Resource
Category/Level
(indicate CPSA
Work Stream)
& (indicate
resource
category and
level)
(indicate CPSA
Work Stream)
& (indicate
resource
category and
level)
1.1
Period of
Contract
Firm Per Diem
Rate
Estimated
Number of Days
mmm/dd/yyyy to
mmm/dd/yyyy
<to be completed
by the bidder>
(indicate estimated
number of days)
mmm/dd/yyyy to
mmm/dd/yyyy
<to be completed
by the bidder>
(indicate estimated
number of days)
Option Period(s)
Subject to the exercise of the Contract option to extend the Contract period in accordance
with Article [X] of the Contract, the Contractor will be paid the following firm all-inclusive
42
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Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
per diem rates during the Option Periods, to complete all work to be performed in relation to
the Contract extension.
Option Period 1
Work Stream
& Resource
Category/Level
(indicate CPSA
Work Stream)
& (indicate
resource
category and
level)
(indicate CPSA
Work Stream)
& (indicate
resource
category and
level)
Period of
Contract
Firm Per Diem
Rate
Estimated
Number of Days
mmm/dd/yyyy to
mmm/dd/yyyy
Option Period 1
<to be completed
by the bidder>
(indicate estimated
number of days)
mmm/dd/yyyy to
mmm/dd/yyyy
<to be completed
by the bidder>
(indicate estimated
number of days)
Firm Per Diem
Rate
Estimated Level
of Effort
mmm/dd/yyyy to
mmm/dd/yyyy
Option Period 2
<to be completed
by the bidder>
(indicate estimated
number of days)
mmm/dd/yyyy to
mmm/dd/yyyy
<to be completed
by the bidder>
(indicate estimated
number of days)
Option Period 2
Work Stream
& Resource
Category/Level
(indicate CPSA
Work Stream)
& (indicate
resource
category and
level)
(indicate CPSA
Work Stream)
& (indicate
resource
category and
level)
43
Period of
Contract
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX C: SECURITY REQUIREMENTS CHECKLIST (SRCL)
Notes to Contract Authority/Client Department:
The Security Requirements Check List (SRCL) is to be inserted in this Annex and forms part of this
document.
The Cyber Protection Supply Arrangement (CPSA) has pre-approved SRCLs with applicable
Security Clauses that departments may use. The pre-approved SRCLs and applicable clauses that
may be used in this solicitation can be obtained from the PWGSC CPSA website at:
http://www.tpsgc-pwgsc.gc.ca/app-acq/amac-cpsa/index-eng.html.
If the Contracting Authority elects not to choose any of the CPSA pre-approved SRCLs and
applicable clauses the Contracting Authority must create a unique SRCL and forward the completed
SRCL form to CISD/PWGSC for approval and creation of a Security Clause. Both the Security
Clause and SRCL must form part of this solicitation.
Mandatory inclusions in the solicitation/contract by the Contract Authority:
Solicitation stage: A pre-approved SRCL or an SRCL approved by CISD/PWGSC must be
attached, unsigned.
Contract stage: A pre-approved SRCL or a customized SRCL approved by CISD/PWGSC must be
attached, including all signature blocks signed by appropriate authorities. The signed pre-approved
SRCL can be obtained by emailing the CPSA Supply Arrangement Authority (SAA) at
ncr.acqbcpsa@tpsgc-pwgsc.gc.ca.
44
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX D: EVALUATION METHODOLOGY AND BASIS OF SELECTION
D1.
EVALUATION PROCEDURES
Basis of Selection
To be considered responsive, a bid must:
(a)
(b)
(c)
meet all the mandatory requirements of this solicitation;
obtain the required minimum of [XX]% of the points available for the criteria
specified in this solicitation for their resource category, which are subject to point
rating; and [delete if not applicable]
include a copy of the resource’s designation documents or technical certifications as
detailed in the evaluation criteria. [delete if not applicable]
Bids not meeting (a) or (b) or (c) above will be given no further consideration.
<Note to Contract Authority/Client Department: select ONE type of Contractor Selection
Methodology below before RFP issuance. >
Option 1: delete if not applicable.
Neither the responsive bid that scores the highest number of rated points, nor the
one that contains the lowest price will necessarily be accepted. The responsive bid with the
lowest price per rated point will be recommended for award of a contract. The contract award
will be made on the basis of best overall value to Canada in terms of both technical merit and
cost. Best overall value is determined by the lowest cost per point as calculated from a ratio
of the technical points scored to the price for each compliant bid evaluated.
The compliant bid with the lowest cost per point will be recommended for award of a
contract.
The lowest price per rated point will be determined as follows:
Price per rated point = Total Cost ( Including Option Periods)
Total Points Achieved
For evaluation purposes only, the total price shall be established as specified in the
Evaluation of Price.
45
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
Option 2: delete if not applicable.
The lowest total priced responsive bid will be recommended for award of a contract.
For evaluation purposes only, the total price shall be established as specified in the
Evaluation of Price.
Option 3: delete if not applicable.
Point values are provided as example only – modify these to fit your requirement.
The evaluation of the entire bid (technical and financial) will be performed on a scale of 100
points. The technical evaluation represents 60% of the total point (60 points) with the
financial evaluation representing 40% of the total points (40 points). The bid which achieve
the highest number of points (sum of the technical score plus the sum of the financial score)
will be recommended for award of a Contract.
The points for the financial evaluation will be allocated as follows:
The total cost of each technically responsive bid will be calculated as shown in the
Evaluation of Price. The lowest total cost will achieve 40 points. All other bid will be
prorated using the lowest cost bid and the following formula:
40 – [40 points X (total cost - lowest total cost) ]
lowest total cost
Note: If the result is a negative number, the score assigned will be 0
Example: Two technically compliant bids are received:
Bid 1: $100,000
Bid 2: $130,000
Bid 1 being the lowest, would achieve a score of 40 points
Bid 2 would achieve a score of 28 points, calculated as follows:
40 – [40 X ($130,000 - $100,000) ] = 28 points
$100,000
46
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
Option 4: delete if not applicable.
Client department can insert other selection methodology of their choosing.
Note to Bidders: Listing experience without providing any supporting data to describe where and
how such experience was obtained will result in the experience not being included for evaluation
purposes. If any of the requirements under this section is omitted from the bid, it will be set aside
without further consideration and the bid will be considered to be non-responsive. In the case of any
Mandatory Criteria, a lack of supporting information will render the bid non-responsive and will be
set aside without further consideration.
Bidder Instructions: The Bidder is requested to respond to the Evaluation Criteria using the table
format below.
The bidder must make clear references to the candidates’ curriculum vitae (CV) or résumé for
each stated claim in the contractor’s response (where applicable). Complete details
demonstrating how a Bidder meets each Evaluation Criteria must be provided, including
reference to where, when and how experience was obtained and how it relates to each
requirement.
D2.
MANDATORY REQUIREMENTS
At bid closing time, the Bidder must :
(a)
comply with the following Mandatory Requirements; and
(b)
provide the necessary documentation to support compliance.
Any bid which fails to meet the following Mandatory Requirements will be
considered non-responsive and will not be given further consideration.
[Note to Contract Authority/Client Department: M1 below must be included as a
mandatory requirement in this solicitation. The client may add additional mandatory
requirements specific to their requirement.
Please keep in mind each SA Holder has already passed certain Corporate Mandatory
Criteria at the SA stage and resources proposed by the SA Holder have also passed
certain Mandatory Criteria at the SA Stage – please review the PWGSC CPSA
website at http://www.tpsgc-pwgsc.gc.ca/app-acq/amac-cpsa/index-eng.html]
47
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
Mandatory requirement for the resource to have a specific designation or technical
certification – be sure the criteria includes wording to indicate that copies of the
documents must be submitted with the Bidders bid. i.e. “A copy of the resource’s
CISSP Certification and PMP documents must be submitted with the Bidders bid.”
#
Mandatory Requirements
MET
(Yes/No)
M1.
M2.
M3.
M4.
D3.
Demonstrate
HOW the
requirement is
Met (Cross
reference to
resource resume
as applicable)
The Bidder must be a current
Cyber Protection Supply
Arrangement Holder who
qualified under Work Stream
[X] for the following resource
categories; [state all categories
and level for which the Bidder
must be qualified].
ADD
ADD
ADD
RATED REQUIREMENTS
< Note to Contract Authority/Client Department: delete this clause if there are no pointrated evaluation criteria>
Each Technical Bid that meets all the Mandatory Requirements specified above will be
evaluated and scored in accordance with the following point-rated evaluation criteria.
[Note to Contract Authority/Client Department: Please keep in mind each SA
Holder has already passed certain Corporate Rated Criteria at the SA stage and
resources proposed by the SA Holder have also passed certain Rated Criteria at the
SA Stage – please review the PWGSC CPSA website at
http://www.tpsgc-pwgsc.gc.ca/app-acq/amac-cpsa/index-eng.html.]
Rated requirement for the resource to have a specific designation or technical
certification – be sure the criteria includes wording to indicate that copies of the
documents must be submitted with the Bidders bid. i.e. “A copy of the resource’s
CISSP Certification and PMP documents must be submitted with the Bidders bid.”
48
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
Buyer ID - Id de l'acheteur
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
#
Rated
Requirements
Point
Scale
CCC No./N° CCC - FMS No/ N° VME
Cross Reference to
Resume
(Demonstrate HOW
the requirement is
met)
Bidder SelfScore
R1.
R2.
R3.
R4.
D4.
EVALUATION OF PRICE
[Note to Contract Authority/Client Department: Select one OPTION below before RFP
issuance.]
Option 1: delete if not applicable.
For evaluation purposes only, the total cost shall be established as follows:
The total price of a bid will be the sum of the bidder’s quoted firm per diem rate multiplied
by the estimated number of days, specified in Annex B, per year for the contract period and
each of the [XX] additional [XX] option periods.
Option 2: delete if not applicable.
[Insert other evaluation of total cost as applicable]
49
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX E: CERTIFICATIONS PRECEDENT TO CONTRACT AWARD
The certifications listed below should be completed and submitted with the bid, but may be
submitted afterwards. If any of these required certifications is not completed and submitted as
requested, the Contracting Authority will so inform the Bidder and provide the Bidder with a time
frame within which to meet the requirement. Failure to comply with the request of the Contracting
Authority and meet the requirement within that time period will render the bid non-responsive.
In accordance with Standard Instructions – Request for Supply Arrangements – Goods or Services
2008 (2008-12-12) by submitting an arrangement, the Supplier certifies it meets the certifications
listed below.
Compliance with the certifications provided by the bidder is a condition of the Contract and subject
to verification by Canada during the entire period of the Contract. If the bidder does not comply
with any certification or it is determined that any certification made by the bidder in its bid is untrue,
whether made knowingly or unknowingly, the Minister has the right, pursuant to the default
provision of the Contract, to terminate the Contract for default.
1.
ETHICS CODE REQUIREMENT
The bidder certifies that it will conduct itself, and will instruct its employees, contractors and
agents to conduct themselves, at all times during the performance and delivery of services
under any Contracts resulting from this RFP, in a manner consistent with the values and ethics
prescribed for public servants in the Treasury Board Secretariat Values and Ethics Code for the
Public Service, effective September 1, 2003, and generally to support the intent and spirit of
the Code in all its dealing with and for Canada.
An electronic version of the Code may be found at the following URL:
http://www.tbs-sct.gc.ca/chro-dprh/pol/vec-cve-eng.asp
2.
CERTIFICATION OF EDUCATION AND EXPERIENCE
2.1
The bidder hereby certifies that all the information provided in the résumés and supporting
material submitted with the bid, particularly as this information pertains to education
achievements, experience and work history, has been verified by the bidder to be true and
accurate. Furthermore, the bidder warrants that the individuals proposed by the bidder for
the requirement are capable of satisfactorily performing the Work described herein.
2.2
Should verification by the Minister disclose untrue statements, Canada will have the right to
treat any contract resulting from this RFP as being in default and to terminate it accordingly.
50
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Amd. No. - N° de la modif.
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610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
3.
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
CERTIFICATION OF AVAILABILITY AND STATUS OF PERSONNEL
3.1
Availability of Personnel:
3.1.1
The bidder certifies that, should it be authorized to provide services under any contract
resulting from this solicitation, the persons proposed in its bid will be available to
commence performance of the Work as required by the Project Authority and at the time
specified herein or agreed to with the Project Authority.
3.1.2
If the bidder has proposed any person in fulfillment of this requirement who is not an
employee of the bidder, the bidder hereby certifies that it has the written permission from
such person to propose the services of such person in relation to the Work to be performed
in fulfillment of this requirement and to submit such person's résumé to the Contracting
Authority.
3.1.3
During the bid evaluation, the bidder MUST upon the request of the Contracting Authority
provide a copy of the certification by the non-employees proposed confirming permission
and availability as per Appendix 1 of this Annex. The bidder agrees that failure to comply
with such a request may lead to disqualification of the bidder's bid from further
consideration.
3.2
Status of Personnel:
3.2.1
If the bidder has proposed any person in fulfillment of this requirement who is not an
employee of the bidder, the bidder hereby certifies that it has the written permission from
such person to propose the services of such person in relation to the Work to be performed in
fulfillment of this requirement and to submit such person's résumé to the Contracting
Authority. As well, the bidder hereby certifies that the proposed person is aware that
overtime may be required and is willing to comply.
3.2.2
During the bid evaluation, the bidder MUST upon the request of the Contracting Authority
provide a copy of the certification by the non-employees proposed confirming permission
and availability as per Appendix 1 of this Annex. The bidder agrees that failure to comply
with such a request may lead to disqualification of the bidder's bid from further
consideration.
4.
FORMER PUBLIC SERVANT CERTIFICATION
4.1 Contracts with former public servants (FPS) in receipt of a pension or of a
lump sum payment must bear the closest public scrutiny and reflect fairness
in spending public funds. In order to comply with Treasury Board policies
and directives on contracts with FPS, bidders must provide the information
required below.
51
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
4.2 Definitions
For the purposes of this clause,
"former public servant" means a former member of a department as defined in
the Financial Administration Act, R.S., 1985, c. F-11, a former member of
the Canadian Armed Forces or a former member of the Royal Canadian Mounted
Police and includes:
(a)
(b)
(c)
(d)
an individual;
an individual who has incorporated;
a partnership made up of former public servants; or
sole proprietorship or entity where the affected individual has a
controlling or major interest in the entity.
"lump sum payment period" means the period measured in weeks of salary, for
which payment has been made to facilitate the transition to retirement or
to other employment as a result of the implementation of various programs
to reduce the Public Service.
"pension" means a pension payable pursuant to the Public Service
Superannuation Act, R.S., 1985, c. P-36, as indexed pursuant to the
Supplementary Retirement Benefits Act, R.S., 1985, c. S-24.
4.3 Former Public Servant in Receipt of a Pension
Is the bidder a FPS in receipt of a pension as defined above?
YES ( )
NO ( )
If so, the bidder must provide the following information:
(a) name of former public servant;
(b) date of termination of employment or retirement from the Public
Service.
4.4 Work Force Reduction Program
Is the bidder a FPS who received a lump sum payment pursuant to the terms
of a work force reduction program? YES ( ) NO ( )
If so, the bidder must provide the following information:
(a)
52
name of former public servant;
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
(b)
(c)
(d)
(e)
(f)
conditions of the lump sum payment incentive;
date of termination of employment;
amount of lump sum payment;
rate of pay on which lump sum payment is based;
period of lump sum payment including start date, end date and number
of weeks;
(g) number and amount (professional fees) of other contracts subject to
the restrictions of a work force reduction program.
For all contracts awarded during the lump sum payment period, the total
amount of fee that may be paid to a FPS who received a lump sum payment is
$5,000, including the Goods and Services Tax or Harmonized Sales Tax.
4.5 Certification
By submitting a bid, the bidder certifies that the information submitted by
the bidder in response to the above requirements is accurate and complete.
"Canada will declare a bid non-responsive if this certification is not completed
and submitted as requested."
5.
FEDERAL CONTRACTOR’S PROGRAM FOR EMPLOYMENT EQUITY (FCP-EE)
<Note to Contract Authority/Client Department: Select ONE type of the FCP-EE
requirements below >
Option 1: delete if not applicable.
5.1
FCP-EE for requirements estimated over $200,000
5.1.1
The Federal Contractors Program for Employment Equity (FCP-EE) requires that
some organizations bidding for federal government contracts, $200,000 or more, make a formal
commitment to implement employment equity, as a condition precedent to the contract award. If
the bidder is subject to the Program, evidence of its commitment must be provided prior to the
award of any contract.
Note: Contractors that have been declared "Ineligible Contractors" by Human Resources and
Skills Development Canada (HRSDC) are no longer eligible to receive government contracts
over the threshold for solicitation of bids as set out in the Government Contract Regulations
(currently at $25,000), either as a result of a finding of non-compliance by HRDC-Labour, or
following their voluntary withdrawal from the Program for a reason other than the reduction in
their workforce. Any bid from ineligible contractors will not be considered for award.
53
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
5.1.2
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
The bidder is required to certify to its status with FCP-EE, as follows:
The bidder:
[ ] is not subject to FCP-EE, having a workforce of less than 100 persons in Canada,
[ ] is not subject to FCP-EE, being a regulated employer under the Employment Equity Act;
[ ] is subject to the requirements of FCP-EE, having a workforce of 100 persons or more,
but has not previously obtained a certificate number from HRDC-Labour, (having not bid on
requirements of $200,000 or more), in which case a duly signed certificate of commitment is
provided herewith (attached);
[ ] is subject to FCP-EE, and has a valid certification number as follows: _________ (e.g.
has not been declared “Ineligible Contractor” by HRDC-Labour).
5.1.3
If the bidder does not fall within the exceptions enumerated in 2. (a) or (b), the Program
requirements do apply, and as such, the bidder is required to submit a Certificate of
Commitment DULY SIGNED as referenced below or a valid Certificate number confirming
its adherence to the FCP-EE.
5.1.4
The bidder acknowledges that the Minister will rely on this certification to award the
contract. Should a verification by the Minister disclose a misrepresentation on the part of the
bidder, the Minister will have the right to treat any contract resulting from this bid as being in
default.
5.1.5
In all cases, the bidder is required to produce evidence or supporting information on demand
prior to contract award, if such evidence is not included with its bid.
Option 2: delete if not applicable.
5.1
FCP-EE for requirements estimated over $25,000 but below $200,000
5.1.1
Organizations that are subject to the Federal Contractors Program for Employment Equity
(FCP-EE) but that have been declared ineligible to receive government contracts of goods
and services over the threshold for solicitation of bids as set out in the Government Contract
Regulations (GCRs) (currently $25,000 including applicable taxes) by Human Resources
Development Canada-Labour (HRDC-Labour), either as a result of a finding of noncompliance by HRDC-Labour, or following their voluntary withdrawal from the FCP-EE) for
a reason other than a reduction in their workforce, have been advised by HRDC-Labour that
as a consequence of this action they are no longer eligible to receive any government contract
over this threshold. Consequently, their certificate numbers have been canceled and their
names have been placed on HRDC-Labour’s List of Ineligible Contractors. Bids from such
organizations will be considered non-responsive.
5.1.2
The bidder is required to certify that it has not been declared “ineligible” by HRDC-Labour
to receive government contracts over the GCRs threshold for solicitation of bids (currently
$25,000) as a result of a finding of non-compliance, or as a result of having voluntarily
withdrawn from the FCP-EE for a reason other than a reduction in their workforce.
54
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
5.1.3
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
The bidder acknowledges that the Minister will rely on this certification to award the
contract. Should verification by the Minister disclose a misrepresentation on the part of the
bidder, the Minister will have the right to treat any contract resulting from this bid as being in
default.
The bidder certifies compliance with all Certifications in ANNEX “E”: CERTIFICATIONS PRECEDENT
TO CONTRACT AWARD
55
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
APPENDIX 1 TO ANNEX E: AUTHORIZATION AND AVAILABILITY CERTIFICATION
FOR RESOURCES WHO ARE NOT EMPLOYEES OF THE BIDDER
Should the bidder be requested to provide services to Canada under any contract awarded as a result
of the solicitation referenced below, I ___________________________ (insert proposed resource
name), certify that I consent to my resume being submitted by _______________________ (insert
bidder name) in response to the PWGSC RFP no. ___________(Insert solicitation number) and that
I have (or my employer has, on my behalf) entered into an agreement with the bidder to provide
services described in the RFP and/or the bid submitted by the bidder to Canada and that I will be
available as required by Canada.
______________________________
Signature of Proposed Resource
___________________
Date
NOTE TO BIDDER:
As per the “Status and Availability of Resources” clause of CERTIFICATIONS PRECEDENT
TO CONTRACT AWARD (RFP STAGE), this Appendix must be provided by the bidder if
requested by the Contracting Authority.
56
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX "F": TASK AUTHORIZATION FORM
[Note to Contract Authority/Client Department: DELETE IF NOT APPLICABLE – DND IS TO
USE THE DND 626 FORM]
AUTHORIZATION OF SERVICES TO BE PERFORMED
ON AN AS-AND-WHEN-REQUESTED BASIS
Page 1 of 2
Contractor:
Contract No.:
CAS Commitment No.:
GST Financial Code:
Task Authorization No.:
Date:
1.0 DESCRIPTION OF THE TASK / WORK TO BE PERFORMED
2.0 PERIOD OF SERVICES
From:
To:
3.0 SERVICES TO BE PERFORMED FOR: (LOCATION / ADDRESS)
57
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
4.0 AUTHORITIES
Tewchnical Authority:
Responsibility Centre:
___________________________________
___________________________________
5.0 COST
Category and Level of Personnel
Per Diem Rate
$
No. of Days to Perform
the Tasks/Work
Total
$
ESTIMATED COST $
GST/HST $
TOTAL $
Travel and Living Expenses:
ESTIMATED COST $
GST/HST $
TOTAL $
GRAND TOTAL $
You are requested to sell to Her Majesty The Queen in right of Canada, in accordance with the terms and
conditions set out herein, referred to herein or attached hereto, the services listed herein and on any attached
sheets at the price set out therefore.
6.0 SIGNATURES
Technical Authority:
Signature:
Date:
Check Either Option
___ I accept this task authorization
___ I do not accept this task authorization because _______________________________________
_________________________________________________________________________________
_________________________________________________________________________________
58
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
Signature:
59
610zm
Client Ref. No. - N° de réf. du client
Name of Contractor authorized to
sign (type or print):
Buyer ID - Id de l'acheteur
CCC No./N° CCC - FMS No/ N° VME
Title of Contractor authorized to sign (type
or print):
Date:
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
Buyer ID - Id de l'acheteur
W2213-050347/H
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME
ANNEX G: QUARTERLY CONTRACTING REPORT
CPSA-05/CDRL 005
TITLE:
Data Item Description
DID:
Quarterly Contracting Report
CPSA-05
Reporting
Period :
DESCRIPTION / PURPOSE:
The purpose of this quarterly report is to collect data detailing contracting activity under the CPSA.
PREPARATION INSTRUCTIONS:
1. The Quarterly Contracting Report must be jointly completed by the Contracting Authority and the Supply
Arrangement Holder (SAH). It is the responsibility of the SAH to submit this report to the CPSA Supply
Arrangement Authority.
2. The following information must be provided by the Contracting Authority for each Contract awarded:
Supply Arrangement Holder Name:
Client Department Name:
CPSA Work Stream (1, 2, 3, 4 or ASA):
Government of Canada Contract Number:
Contract Award Date (dd/mm/yy):
Contract Value including GST/HST as
applicable. (Insert the value of each option
period if applicable)
Initial Contract
Period:
Was this contract awarded competitively?
Yes [ ]
Authorized Client Department Representative:
Name (Print):
Option
Period(s):
No [ ]
Signature:
Authorized Supplier Representative:
Name (Print):
Signature:
SUBMISSION INSTRUCTIONS:
The Supply Arrangement Holder must submit the report to the CPSA Supply Arrangement Authority (SAA) no
later than 10 business days after the end of each quarter (end of March, June, September and December) in PDF
format to the following email address: acqbcpsa.dgaamac@tpsgc-pwgsc.gc.ca
If the Quarterly Reports are not submitted in the required time frame a review of the Supply Arrangement
Holder’s activities under the CPSA may be undertaken.
60
Solicitation No. - N° de l'invitation
Amd. No. - N° de la modif.
W2213-050347/H
61
Buyer ID - Id de l'acheteur
610zm
Client Ref. No. - N° de réf. du client
File No. - N° du dossier
W2213-5-00347
610zmW2213-050347
CCC No./N° CCC - FMS No/ N° VME