Public Works and Government Services Canada
Symbol of the Government of Canada

Common menu bar links

A: Standing Offer Clauses

1. Offer

The Offeror offers to fulfill the requirement in accordance with the Requirement at Annex "A" - Requirement

2. Security Requirement

There is a security requirement associated with the requirement. The Offeror must hold as a minimum, a valid Designated Organization Screening (DOS) issued by the Canadian Industrial Security Directorate (CISD), at the time of Standing Offer issuance.

Security requirement for Designated Organisation Screening (DOS) Level:

PWGSC file # E60ZN-110002/SO1

  1. The Offeror must, at all times during the performance of the Standing Offer, hold a valid Designated Organisation Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).
  2. The Offeror' personnel requiring access to PROTECTED information, assets or sensitive work site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by CISD/PWGSC.
  3. The Offeror MUST NOT remove any PROTECTED information or assets from the identified work site(s), and the Offeror must ensure that its personnel are made aware of and comply with this restriction.
  4. Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of CISD/PWGSC.
  5. The Offeror must comply with the provisions of the:
    1. Security Requirements Check List and security guide (if applicable), attached at, Annex "C"
    2. Industrial Security Manual ( Latest Edition ).

The requirements to be procured under this Standing Offer may be subject to security requirements. Several generic Security Requirement Check Lists (SRCLs), which PWGSC anticipates will satisfy most security requirements associated with individual requirements are attached at Annex "C" to this SO. Each call-up will identify which SRCL in Annex "C" to Part A will apply to that call-up.

These generic SRCLs may not meet the needs of some Identified Users for some requirements; in such cases, a unique SRCL fully describing the security requirements will be included in the documentation associated with that individual call-up. For example, if the Royal Canadian Mounted Police (RCMP) is the Identified User, additional checks may be conducted by the RCMP.

3. Standard Clauses and Conditions

All clauses and conditions identified in the Standing Offer and resulting contract(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada (PWGSC).

3.1 General Conditions

2005 (2015-07-03) General Conditions - Standing Offers - Goods or Services, apply to and form part of the Standing Offer.

3.2 Standing Offers Reporting

The Offeror must compile and maintain records on its provision of goods, services or both to the federal government under call-ups resulting from the Standing Offer. This data must include all purchases paid for by a Government of Canada Acquisition Card.

The Offeror must provide this data in accordance with the reporting requirements detailed below. If some data is not available, the reason must be indicated. If no goods or services are provided during a given period, the Offeror must still provide a NIL report.

The Offeror must provide a Quarterly Usage Report (QUR) to PWGSC on a quarterly basis. These submissions must be made by completing and forwarding an electronic copy of the QUR in Excel format (which will be provided by PWGSC) to the following email address: Rapportsdutilisation.UtilizationReports@tpsgc-pwgsc.gc.ca. The THS Quarterly Usage Report template is attached in Annex “G”.

Each QUR should include a list of all call-ups issued to it under each Standing Offer, including stream, classification, level, client department and contact name, call-up number, start and end dates, number of hours billed and dollar value (both including and excluding applicable taxes).

The reports must be submitted according to the following schedule.

Quarterly Report Covering Period Due Date
1st Quarter April 1 to June 30 on or before July 15
2nd Quarter July 1 to September 30 on or before October 15
3rd Quarter October 1 to December 31 on or before January 15
4th Quarter January 1 to March 31 on or before April 15

If a Offeror is not issued any call-ups during the quarter, the Offeror must confirm this by submitting a NIL report.

The Offeror understands that failure to comply with this requirement may result in the Standing Offer being set-aside by Canada. Canada reserves the right to set-aside the Standing Offer without notice, if reports are not submitted on time or are inaccurate or incomplete.

4. Term of Standing Offer

4.1 Period of Standing Offer

The period for making call-ups against the Standing Offer is from date of award to July 7, 2016.

5. Authorities

5.1 Standing Offer Authority

The Standing Offer Authority is:

Stephanie Riley
Public Works and Government Services Canada
Acquisitions Branch
11C1 Place du Portage, Phase III
11 Laurier Street, Gatineau, Quebec K1A 0S5
Telephone: 819-956-1678
Facsimile: 819-997-2229
E-mail address: dgasat.acqbths@tpsgc-pwgsc.gc.ca

The Standing Offer Authority is responsible for the establishment of the Standing Offer, its administration and its revision, if applicable. Upon the making of a call-up, as Contracting Authority, she is responsible for any contractual issues relating to individual call-ups made against the Standing Offer by any Identified User.

5.2 Project Authority

The Project Authority for the Standing Offer is:

Name: ________________
Title: ________________
Organization: ________________
Address:  ________________
Telephone:  ____-  _____-________
Facsimile:  _____- ______-_______
E-mail address: _______________

The Project Authority is the representative of the department or agency for whom the Work will be carried out pursuant to a call-up under the Standing Offer and is responsible for all the technical content of the Work under the resulting Contract.

5.3 Offeror's Representative

The Offeror's Representative is the individual(s) identified by the Offeror in its offer, or if submitted with the offer, the individual identified in the "Offeror Profile" of the RFSO Technical Response Template. This individual(s) is the point of contact with the Offeror for all matters pertaining to the Standing Offer. By submitting its offer, the Offeror confirms that this individual(s) has the authority to bind the Offeror. It is the Offeror's sole responsibility to ensure that information related to the Offeror's Representative is correct and to immediately inform the SO Authority of any change to it. The Offeror's Representative may delegate to another individual to represent the Offeror for administrative and technical purposes under any call-up resulting from this Standing Offer by providing to the Contracting Authority prior written notice containing all contact information requested in the "Offeror Profile" for that individual.

6. Identified Users

The Identified Users (also called Clients) include any government department, agency or Crown Corporation listed in Schedules I, I.1, II, III, IV, and V of the Financial Administration Act, R.S., 1985, c. F-11 and any other party for which the Department of Public Works and Government Services has been authorized to act from time to time under section 16 of the Department of Public Works and Government Services Act. Canada may, at any time, withdraw authority from any of the Identified Users to use the Standing Offer.

7. On-Going Opportunity for Qualification

A notice will be posted on the GETS for the duration of the Standing Offer Period to allow new offerors to become qualified and to allow existing offerors, who have been issued a Standing Offer to qualify for classification, streams and/or sub-streams for which they are not already pre-qualified. No existing Offeror will be removed from the qualified offeror list because of the addition of new Offerors.

8. Price Revision (PR)

Once a week (the exact day to be determined), the Qualified Offerors will have the opportunity to input two(2) weekly price revision (PR) rates, one unilingual and one bilingual rate directly into the THS On-line System. This will become that given week’s Offeror’s firm hourly rate, for the given classification and level of expertise. The PR will also be used to establish the ranking of Qualified Offerors, from lowest to highest firm hourly rate, for each classification. Canada reserves the right to change the frequency of the PR. The PR, which is also indicated on the Identified User search result sheet, is valid for up to 10 working days from the date that the search sheet is printed.

Canada reserves the right to request price support from any Offeror and at any time during the Period of the Standing Offer.

Some examples of situations where Canada could request price support:

  • Offerors posting unusually low rates;
  • Pricing structures not based on incremental; that is, a junior level classification being priced at a higher rate than a senior classification;
  • Significant discrepancies in rates from one week to the other.

Should the Offeror be unable to support its rate(s), Canada reserves its right to suspend or set-aside the Standing Offer with the Offeror, or take any other action it deems necessary.

Administrative Remark

Qualified Offerors will be granted access to the THS Online System by the Standing Offer Authority to input weekly price revision rates. Offerors are solely responsible for inputting the rates into the THS Online System. Reasonable efforts are made to provide Qualified Offerors with full access to the web-based THS Online System from Monday through Sunday to input their weekly price revision in accordance with the provisions set out in the Standing Offer. Due to technical or other errors, omissions or failures, the system may from time to time be unavailable or taken offline for system maintenance without further notice. Offerors are encouraged to input their weekly price revision during normal government operations Monday through Friday, and no later than Friday at 2PM EST or EDT excluding Statutory Holidays in the province of Quebec, in order to seek technical support should it be required. In the event the Offeror fails to input weekly price revisions for the week, the rates from the preceding week will be carried forward. Offeror(s) unable to honor the rates for the week, may in writing request the Standing Offer Authority to set-aside the Standing Offer until the next opportunity to input a weekly price revision into the THS Online System.

8.1 Option to Extend the Request For Availability (RFA) Search Results Validity Period

Canada reserves the right to exercise an option to extend the 10 working days search result validity period for the Request for Availability (RFA) for a period of up to 45 calendar days from the date that the search results were printed subject to the following provisions:

  1. The Identified User may exercise this option by sending a written notice to the top ranked compliant Offeror and must receive the Offeror's concurrence in writing to this extension on or before the expiry of the initial 10 working day search results validity period forming part of the issued RFA.
  2. In the event the top ranked compliant Offeror does not provide to the Identified User a written concurrence with the request for extension to the search results validity period identified in paragraph (1), then the Identified User must complete the call-up within the original 10 working days of the search results validity period in accordance with the article entitled "Price Revision", and must not bypass the top ranked Offeror to proceed with other evaluated Offerors in accordance with the terms of this document. If the Identified User is unable to complete the call-up award within the original search results validity period see paragraph (6).
  3. The Identified User must also provide written notice within the original 10 working days of the search results validity period to all invited Offerors on the subject RFA, of the results of the evaluation and inform all invited Offerors that the Identified User has exercised this option with concurrence from the top ranked compliant Offeror
  4. The option to be exercised at the sole discretion of the Identified User, as named in the RFA, must be evidenced and retained for administrative and audit purposes with the RFA and THS files.
  5. The RFA cannot be extended for more than 45 days. If an Identified User requires more than 45 calendar days to complete the RFA process for call-up issuance, the subject RFA will be cancelled and no call-up will be issued from the subject RFA process. The Identified User, subject to its ongoing operational requirements for THS, must then restart a new THS process to fulfill the requirement.
  6. In the event that no call-up is issued, the RFA will be considered cancelled and the Identified User will provide written notice to all invited Offerors. The Identified User, at its discretion may proceed to initiate a new THS process as may be required.

For illustration purposes the following example is included as information for both the Offeror and Identified Users pertaining to the time requirements of articles 8.0 and 8.1.

Date THS
RFA Process
Search Result Validity Expiry Date
Monday, February 4, 2013 THS Search results initiated February 15, 2013
Monday, February 4, 2013 RFA issued February 15, 2013
Wednesday, February 6, 2013 RFA closed February 15, 2013
Thursday, February 7, 2013 Identified User required additional RFA process time and has identified the compliant top-ranked Offeror February 15, 2013
Friday, February 8, 2013 Identified User is seeking to extend validity period for a period up to the maximum 45 calendar days and issues notice to top ranked compliant Offeror  
Tuesday, February 12, 2013 Top ranked compliant Offeror provides written concurrence to extend to the Identified User specified in the RFA A issued call-up must take place no later than March 21, 2013
Thursday, February 14, 2013 Identified User informs in writing to all RFA invited Offerors of the evaluation results and the extension period  
NOTE: In the event that the Identifier User does not complete the above on or before February 15, 2013, the RFA process is cancelled and no call-up award can take place.
Saturday, February 16, 2013
or later
Identified User informs in writing to all RFA invited Offerors of the evaluation results and the extension period Failure to provide notification within the search validity period, renders this RFA process cancelled.
Thursday, March 21, 2013 Call-up must be issued no later than this date. Failure to issue a call-up by this date; the RFA process is cancelled.

9. Call-up Procedures

  • 9.1 Multiple Standing Offers: The Offeror acknowledges that multiple Standing Offers have been issued for this requirement. Call-ups will be allocated among the Offerors in accordance with the selection methodology described below.
  • 9.2 Only Authorized Call-ups to be Accepted: The Offeror agrees only to perform individual call-ups made by an Identified User pursuant to this Standing Offer that do not exceed the applicable Limitation of call-up, outlined in Section 11.0 Limitation of Call-Up.
  • 9.3 Call-ups: The only authorized methods of call-up allocation against this Standing Offer is described as follows:
    • A.1) Right of First Refusal - Streams (3,4,5)
      Identified Users must issue call-ups to the Qualified Offeror with the lowest price, meeting all the mandatories outlined in the Request for Availability (RFA), in section 9.4
    • A.2) Right of First Refusal - Streams (1,2)
      Identified Users may issue call-ups to the Qualified Offeror with the lowest price, meeting all the mandatories outlined in the Request for Availability (RFA), in section 9.4
    • The method of allocation is based on the "Right of First Refusal". Issuance of Request for Availability Form (RFA) to more than one Qualified Offeror is permitted under the method of allocation for this Standing Offer. However, Identified Users must issue the call-ups to the Offeror with the lowest price and meeting all the mandatory requirements.
    • It is recommended that the Identified User send their RFA to more than one Qualified Offeror in order of ranking (lowest to highest rate) as listed in the THS Online search results, with their requirement clearly set out. Qualified Offerors are required to provide a response; a recommended minimum of 48 hours from date of RFA. In exceptional cases only, a four hour response time may be allowed. In these cases Identified Users will be required to support its decision on file. The Identified User must list the classification and level of the resource required. Identified Users should also include the education, experience, language and security clearance required by the proposed resource.
    • The Qualified Offeror must respond by providing a resource who meets the minimum mandatory qualifications of the classifications set out in "A" - Requirement and all the mandatory criteria set out in the requirement. If the Qualified Offeror cannot respond or has no resource available for that specific requirement, then the Identified User may request a resource from the next Qualified Offeror on the list and so on, until a qualified resource meeting all the mandatory criteria has been identified.
    • In no circumstances, can the Identified User skip over the lowest Qualified Offeror or randomly selects any other Qualified Offeror during the process (i.e. the Identified User is NOT ALLOWED to simply invite Qualified Offerors listed in price ranking positions 5 to 8, without inviting Qualified Offerors listed in price ranking positions 1 to 4).
    • The call-up must be issued to the Qualified Offeror (by price) who proposes a resource within the specific time limitation and meeting all the mandatory criteria of the RFA requirement.
    • B) Directed Method (for Streams 1 & 2 Only) for requirements $25,000 and below
    • For requirements under Streams 1 & 2 valued at $25,000 (Travel expenses, Goods and Services Tax or Harmonized Sales Tax and all amendments included) and below, the identified user can either use "Right of First Refusal" methodology or they can direct call-ups using the percentile methodology.
    • Percentile Methodology: The Identified User can send their RFA to any Qualified Offeror(s) within the 25th percentile of the lowest bid rate from their search results in the THS On-line System. Each RFA must clearly set out their requirements.
    • Call-ups can be directed to any Qualified Offeror within the 25th percentile of lowest bid rate proposing a compliant resource, who meets the minimum mandatory qualification in each classification set out in Annex "A" - Requirement and all the mandatory criteria set out in the requirement.
    • Calculation method: n = 25 ÷ 100
      Rounding decimal:
    • Numbers with decimals will be rounded to the nearest whole. If the first decimal is five, the number will be rounded to the superior unit.
    • Example 1 (There are no identical rates within the 25th percentile)
      Search criteria: Classification: Accounting Clerk
      Level: Intermediate
      Total Offerors: 41 offerors Calculation method:
      41 ×  25 ÷ 100 = 10.25 Rounding decimal: = 10 Identified Users can direct the call-up to any of the compliant Offeror within the 25th percentile (any of the 10)
  Rates Ranking Percentile
Offerer 1 $12.40 1  
Offerer 2 $12.53 2  
Offerer 3 $12.74 3  
Offerer 4 $13.05 4  
Offerer 5 $13.81 5  
Offerer 6 $13.90 6  
Offerer 7 $14.10 7  
Offerer 8 $14.30 8  
Offerer 9 $14.50 9  
Offerer 10 $14.54 10 25%
  • Example 2 (There are identical rates within the 25th percentile)
    • Search criteria:
      Classification: Compensation Clerk
      Level: Intermediate
      Total Offerors: 45 offerors Calculation method: 45 ×  25 ÷ 100 = 11.25 Rounding decimal: = 11 Identified Users can direct the call-up to any of the compliant Offerors within the 25th percentile (any of the 13 as Offerors 2, 3, 4 have the same rates so they would count as 1 of the 11)
  Rates Ranking Percentile
Offerer 1 $12.40 1  
Offerer 2 $12.94 2  
Offerer 3 $12.94 2  
Offerer 4 $12.94 2  
Offerer 5 $13.24 3  
Offerer 6 $13.32 4  
Offerer 7 $13.34 5  
Offerer 8 $13.50 6  
Offerer 9 $14.10 7  
Offerer 10 $14.50 8  
Offerer 11 $15.20 9  
Offerer 12 $15.24 10  
Offerer 13 $15.25 11 25%

9.4 Request for Availability Form (RFA)

The Identified User will issue a Request for Availability form - Annex "I" to obtain the information necessary to issue a call-up for the required resource to:

  1. The lowest priced Qualified Offeror; or
  2. To as many lowest priced Offerors, listed on the THS Online search results; or
  3. For requirements of $25,000.00 and below, Offeror or Offerors within the 25th percentile

Each Request for Availability form will identify the requirements of the Identified user's request including:

  1. The estimated and/or actual Call-Up Period;
  2. The number of weeks required;
  3. The location where the required service(s) will be delivered;
  4. The hours of work and number of hours per week for the required service(s);
  5. The travel requirements;
  6. The overtime requirements;
  7. The language requirements;
  8. The level of security clearance required to carry out the required service(s);
  9. The specific Stream, Sub-stream, Classification (s) and Level of Expertise required;
  10. Resource qualifications needed such as education, certification and experience;
  11. The Statement of Duties;
  12. The number of resource(s) required;
  13. The maximum number of resume(s) to be evaluated.

9.5 Response Requirements

The Qualified Offeror must respond, by filling in the appropriate sections of the Request for Availability form, via e-mail or fax as specified by the Identified User.

The Qualified Offeror must propose resource(s) who meets the minimum mandatory requirements of the classification and all the mandatories of the requirement. Offerors can propose resources that exceed minimum requirements.

The response must be signed by the Offeror or by an authorized representative of the Offeror. The signature indicates that the Offeror agrees to all the terms and conditions in their entirety as they appear in the Request for Availability Form. Timely receipt and correct direction of responses are the sole responsibility of the Offeror. Failure to provide a response within the specified time frame of the Request for Availability Form will be interpreted as being unable to perform the service(s).

The response must contain the written or electronic consent from the resource being proposed by the Offeror. The written or electronic consent must be attached to each Request for Availability form response at the time of submission to the Identified User contact. Offerors who do not provide written or electronic consent with their submission will be found non-responsive.

9.6 Validation of Proposed Resource(s)

The qualifications and experience of the proposed resource(s) will be validated against the requirements set out in the Request for Availability Form.

The Identified User may request proof of successful completion of formal training, as well as reference information. Canada reserves the right to request references from an Offeror to conduct a reference check to verify the accuracy of the information provided. Should the reference(s) not confirm the required qualifications of the proposed resource(s) to perform the required services, the Offeror will be found non responsive and Canada reserves the right to go to the next Offeror.

Where the Offeror is requested to provide information regarding qualifications or experience of its proposed resources, the Offeror must provide complete details as to where, when, month and year, and how, through which activities/responsibilities, the stated qualifications/experience were obtained. Experience gained during formal education will not be considered work experience. All requirements for work experience will be obtained in a legitimate work environment as opposed to an educational setting. Co-op terms are considered work experience provided they are related to the required Services.

Where the Offeror is requested to provide proof of certification of the proposed resource, the resource must submit a copy of the certification received or proof that they have completed the certification program.

9.7 Offeror Consent Acknowledgment

By submitting and signing a response to a Request for Availability Form, the Offeror acknowledges and warrants each of the following:

  1. The Offeror certifies that all the information provided in the résumés and supporting material submitted with its proposal, particularly the information pertaining to language, education, experience and work history, has been verified by the Offeror to be true and accurate. Furthermore, the Offeror warrants that every individual resource proposed by the Offeror for the requirement, meets all the mandatory requirements listed in the Request for Availability form and is capable of performing the Work described in the resulting call-up.
  2. Canada will not delay the issuance of any call-up to allow Offerors to obtain the required security clearance for the proposed resource(s). It is the responsibility of Offeror to ensure that the information required concerning the security clearance of the resource(s) is provided at Request for Availability response time.

9.8 Offeror Certification

By submitting and signing a response to a Request for Availability Form, the Offeror certifies and warrants each of the following:

  1. Should the Offeror be authorized to provide services under any Request for Availability Form, the persons proposed will be available to perform the work as required by Canada’s representatives, and at the time specified in the Request for Availability or agreed to with Canada’s representatives.
  2. If the Offeror has proposed any person in fulfilment of the requirement who is not an employee of the Offeror, the Offeror certifies that it has written permission from such person or the employer of such person to propose the services of such person in relation to the work to be performed in fulfilment of the requirement and to submit such person's résumé to the Contracting Authority. As well, the Offeror certifies that the proposed person is aware that overtime may be required and is willing to comply. During the assessment of the proposed resource, the Offeror must upon the request of the call-up Authority provide a copy of such written permission, in relation to any or all non-employees proposed. If the Offeror fails to comply with such a request, its response will be considered non-responsive.
  3. If Canada seeks clarification from the Offeror, the Offeror warrants that clarifications will be made available upon request within two working days of a request by Canada or such longer period as is specified in writing. If the Offeror does not provide any required information within the time limit requested, its response will be considered non-responsive and will receive no further consideration.
  4. In the event that prior to call-up issuance, the offeror confirms a change in the availability status of the identified resource proposed in the RFA from the top ranked compliant offeror, or subject to a clarification obtained in accordance with (c), the Identified User may at its sole discretion proceed to either:
    1. set-aside the Offeror’s proposal and give it no further consideration for the purposes of the subject RFA, and proceed to the next top ranked compliant offeror provided the proposal is still valid and that the proposed named resource is still available; or
    2. cancel the RFA process and start a new THS process.
  5. In the event that after the call-up issuance, the successful offeror confirms a change in the availability status of the identified resource regardless of the reason of unavailability, the Identified User may elect at its sole discretion either to:
    1. issue an amendment reducing the value of the call-up to $0.00 and document this in the THS file. At such time, the Identified User may proceed with the next top ranked offeror provided that the search results validity period has not lapsed; or
    2. allow the successful Offeror to replace the resource as per SACC A7017C - Replacement of Specific Individuals
  6. For all transactions conducted under article (e) i, the Identified User must submit to the PWGSC THS Standing Offer Authority a copy of the amendment reducing the call-up value to $0.00 along with a completed Client Satisfaction Report. A copy of this report is accessible at: (Client Satisfaction Report).

9.9 Multiple Requirements - Same Classification and Level

Multiple requirements, involving the requirement for up to 10 resources of the same classification and level, that start and end assignment on the same dates, can be contracted using the Standing Offer method of supply.

Multiple requirements, involving the requirement for up to 10 resources of various classifications and levels, that start and end assignment on different dates, cannot be contracted using the Standing Offer method of supply. The Supply Arrangement must be used.

9.10 Bulk Requirements

Bulk requirements (those involving the requirement for more than 10 resources of the same classifications and levels, that start and end assignment on the same dates), must be contracted using the Standing Offer or Supply Arrangement method of supply.

Bulk requirements (those involving the requirement for more than 10 resources of various classifications and levels) that start and end assignment on different dates, cannot be contracted using the Standing Offer method of supply. The Supply Arrangement must be used.

Any bulk requirement must first be approved by PWGSC before the solicitation process can be initiated by the Identified User.

9.11 Issuance of a Call-up

The Contracting Authority will issue the call-up within the applicable call-up Limitations using form PWGSC 8251 Call-up Against a Standing Offer for Temporary Help or PWGSC 942 Call-Up Against a Standing Offer.

10. Call-up Instrument

The work will be authorized or confirmed by the Identified User(s) authorized to use the THS Online System, using form PWGSC 8251 Call-up Against a Standing Offer for Temporary Help or PWGSC 942 Call-Up Against a Standing Offer.

11. Limitation of Call-Ups

Individual call-ups against the Standing Offer must not exceed $400,000.00 (Travel expenses, Goods and Services Tax or Harmonized Sales Tax and all amendments included).

The Offeror must not perform any work or services or supply any articles in response to a call-up(s) which would cause the total cost to Canada to exceed the said sum.

11.1 Maximum Duration of Call-Ups

A Call-up made against this Standing Offer must not exceed 48 consecutive weeks, including all absences, and all subsequent amendments. The forty-eight consecutive weeks also applies to part-time temporary help resources, from the start date of the Call-up.

On an exceptional basis only and with prior approval of PWGSC, contracts may be extended beyond the 48 consecutive weeks for up to an additional 24 consecutive weeks. Call-up extension requests must be provided by the Identified User to the Standing Offer Authority a minimum of 10 working days prior to the call-up reaching the 48 consecutive weeks end date.

11.2 Termination of Individual Call-up made under this Standing Offer

If a call-up made under this SO is terminated, such termination does not affect the Standing Offer. The Offeror acknowledges, however, that a default under any contract made under this Standing Offer may result in the set-aside of this Standing Offer, at the discretion of the Standing Offer Authority.

The Standing Offer Authority is responsible for the termination of any call-up.

11.3 Termination Notification of Call-Up

When a Identified User intends to terminate a Contract for a temporary resource in advance of the Contract's expiry date and the resource has been on continuous assignment for 3 to 12 months, the Identified User must provide the Supplier with a minimum of 1 week written notification. In the case of a resource who has been on a continuous assignment for over 12 months but less than 72 weeks (the THS maximum limit), the Identified User must provide the Supplier with a minimum of 2 weeks written notice. If the required notification is not provided or provided for a lesser period, the Identified User will pay a fee based on 7.5 hours per day at the rate charged by the Supplier for that resource under the contract for each remaining days of the required notice period set above. No written notification is required if the Contract naturally expires.

12. Financial Limitation

Individual call-ups against the Standing Offer must not exceed $400,000.00 (Travel expenses, Goods and Services Tax or Harmonized Sales Tax and all amendments included).

Whichever of the two comes first in (11.1) and (12) shall apply.

13. Priority of Documents

If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list.

  1. the call up against the Standing Offer, including any annexes;
  2. the articles of the Standing Offer;
  3. the general conditions 2005 (2015-07-03), General Conditions - Standing Offers - Goods or Services;
  4. the general conditions 2010B (2015-07-03), General Conditions - Professional Services (Medium Complexity)
  5. Annex "A" - Requirement
  6. Annex "B" - Basis of Payment
  7. Annex "C" - Generic Security Requirements Check Lists (SRCLs)
  8. Annex "D" - Protocol and Standards
  9. Annex "E" - Basic Standards for Testing the Office Support Classification (Stream 1)
  10. Annex "F" - Insurance Requirements
  11. Annex "G" - THS Quarterly Usage Report Template
  12. Annex "H" - THS Form-Request for Availability of THS Resources for a resulting Call-up
  13. the Offeror's offer dated _________, (as clarified on ___________ or as amended _________).

14. Certifications

Compliance

Compliance with the Certifications and related documentation provided by the Offeror is a condition of authorization of the Standing Offer and subject to verification by Canada during the term of the Standing Offer and of any resulting contract that would continue beyond the period of the Standing Offer. In the event that the Offeror does not comply with any certification, provide the related documentation or if it is determined that any certification made by the Offeror in its offer is untrue, whether made knowingly or unknowingly, Canada has the right to terminate any resulting contract for default and set aside the Standing Offer.

15. SACC Manual Clauses

A3000C (2011-05-16) Aboriginal Business Certification
M3060C (2008-05-12) Canadian Content Certification

16. Applicable Laws

The Standing Offer and any contract resulting from the Standing Offer must be interpreted and governed and the relations between the parties determined, by the laws in force in ___________ (insert name of the province).

17. Official Languages

  1. Offerors may respond to individual Request for Availability Form's under this SO in either official language, in accordance with the Official Languages Act and Regulations.
  2. Request for Availability Form's may require that the services be performed in one or the other of Canada's Official Languages.

18. On-Going Qualification Requirements

  1. The Offeror must immediately notify the Standing Offer Authority if it no longer meets any of the mandatory qualification requirements of this Standing Offer.
  2. PWGSC may require an Offeror to confirm its qualifications at any time. PWGSC also reserves the right to perform on-site assessments of Qualified Offerors with or without prior notice to the Offeror. The SO Authority may require Offeror to provide evidence with respect to any element of the SO, such as but not limited to:
    1. the insurance it carries continues to meet the requirements of SO;
    2. it continues to hold the necessary security clearance;
    3. it continues to have the financial capability;
    4. it continues to have the technical ability and experience required to deliver the services for which it is qualified; and
    5. the Joint Venture membership remains as stated in the Standing Offer.
  3. Where the Offeror no longer meets any of the individual requirements for qualification, Canada may, at its option:
    1. set-aside the Standing Offer in its entirety until the Offeror has demonstrated that it meets the requirements in respect of which it has been found deficient, during which time the Offeror will not be eligible for Call-ups issued under the Standing Offer;
    2. set-aside the Offeror qualification under specific streams of this Standing Offer until the Offeror has demonstrated that it meets the requirements in respect of which it has been found deficient, during which time the Offeror will not be eligible for Call-ups issued under the Standing Offer framework for those streams;
    3. set-aside the Standing Offer in its entirety; or
    4. cancel the Offeror qualification under specific streams of this Standing Offer.

19. Suspension or Cancellation of Qualification by Canada

In addition to section 2(e) of 2005 04) Offer:

Canada may, by sending written notice to the Offeror, set-aside the Standing Offer under any of the following circumstances:

  1. Examples of situations which may result in the suspension or set-aside of a Offeror's Standing offer include:
    1. Late deliveries;
    2. Price revision;
    3. Distribution or publication of advertising, including information included in company websites, which might be interpreted as suggesting that unauthorized services are available under the Standing Offer;
    4. Failure to submit complete and accurate Quarterly Usage Reports within the required time frames;
    5. Violation of any of the specific terms and conditions detailed in the Standing Offer (e.g. failure to meet the minimum RFSO requirements, failure to respect the Call-up limitations, etc.);
    6. Canada has terminated any resulting Call-up issued against the Standing Offer framework for default;
    7. Canada has imposed measures on the Offeror under the PWGSC Vendor Performance Policy (or such similar policy as may be in place from time to time);
    8. Canada has documented at least three instances of poor performance under Call-ups awarded against the SO framework. An instance of poor performance may include, but is not limited to late or failed delivery of reports or services including the required number of skilled resources, lack of timely notification given to the PWGSC Standing Offer Authority of changes in the Offeror's Authorized Representative, insurance coverage or security status, and non-compliance with invoicing procedures.
    9. Canada has documented at least three instances under Call-ups issued against the SO framework where, when called upon to submit resources under a tasking request, and the Offeror did not respond, did not submit the required number of resources, submitted resources that did not meet the requirements of the Call-up, or submitted resources at pricing exceeding the amount specified under the Call-up.
    10. Canada has documented at least three instances of poor client satisfaction by the same client, or occasions of poor client satisfaction by any Identified User, for services provided by the Offeror under Call-ups.
    11. Providing information on the Offeror website that conflicts with any aspect of the terms and conditions, pricing, or availability of systems currently listed in this Standing offer.
  2. Suspend or set-aside of a Offeror's Standing Offer does not affect the right of Canada to pursue other remedies or measures that may be available.
  3. Suspension or set-aside of the Standing offer will not, on its own, affect any Call-ups entered into prior to the issuance of such notice.
    1. A suspension will not exceed 12 months.
    2. The Offeror acknowledges that Canada may publish information regarding the status of the Offeror’s offer, including the suspension, set-aside or withdrawal of authority to use the Offeror's Standing Offer

20. Protocol and Standards

Offeror must follow the Annex "D" - Protocol and Standards for THS Applicable to Identified Users and Suppliers. This is part of the commitment of PWGSC to enhance the integrity, transparency and efficiency of the government contracting process, the use of automated procurement tools developed for Identified Users. Failure to follow Protocol and Standards could also lead to sanctions, e.g. Standing Offer may be set-aside.

21. Aboriginal Business Certification

  1. The Contractor warrants that its certification of compliance is accurate and complete and in accordance with the "Requirements for the Set-aside Program for Aboriginal Business" detailed in Annex 9.4 of the Supply Manual.
  2. Contractor must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The Contractor must obtain the written consent of the Contracting Authority before disposing of any such records or documentation before the expiration of six (6) years after final payment under the Contract, or until settlement of all outstanding claims and disputes, under the Contract, whichever is later. All such records and documentation must at all times during the retention period be open to audit by the representatives of Canada, who may make copies and take extracts. The Contractor must provide all reasonably required facilities for any audits.
  3. Nothing in this clause must be interpreted as limiting the rights and remedies which Canada may otherwise have pursuant to the Contract.

22. Joint Venture

If the Offeror is a joint venture, the Offeror agrees that all members of the joint venture are jointly and severally or solidarily liable for the performance of any contract awarded under the Standing Offer. If the membership of a joint venture changes, the Standing Offer will be cancelled and members who wish to qualify separately or as part of a different joint venture must submit a new offer by following the qualification process established by Canada.

23. Delivery Requirements Outside CLCSAs

The resulting solicitations are not to be used for deliveries within a Comprehensive Land Claims Settlement Area (CLCSA). All requirements for delivery within a CLCSA are to be submitted to the Department of Public Works and Government Services for individual processing.

24. Environmental Considerations

As of April 2006, the Government of Canada issued a policy directing federal departments and agencies to take the necessary steps to acquire products and services that have a lower impact on the environment than those traditionally acquired. The environmental impact assessment of a product and/or service considers the whole life cycle of the product and/or service. Hence, in the near future, all government procurement will include more demanding environmental criteria to encourage product/service Offerors to improve their operations to reduce their negative impact on the environment.

25. Environmental Properties Behaviour Recommended

Paper consumption:

  • Provide and transmit draft reports, final reports and bids in electronic format. Should printed material be required, double sided printing in black and white format is the default unless otherwise specified by the Project Authority.
  • Printed material is requested on minimum recycled content of 30% and/or certified as originating from a sustainable managed forest.
  • Recycle unneeded printed documents (in accordance with Security Requirements).

Travel requirements:

  • Project Authority is encouraged to use video and/or teleconferencing where possible to cut down unnecessary travel.
  • Use of Properties with Environmental Ratings: Contractors to the Government of Canada may access the PWGSC Accommodation directory, which includes Eco-Rated properties. When searching for accommodation, contractors can go to the following link and search for properties with Environmental Ratings, identified by Green Keys or Green Leafs that will honour the pricing for contractors.
  • Use of public/green transit where feasible.