Supply arrangement for temporary help services in the National Capital Region

1. Arrangement

The supply arrangement (SA) covers the streams and categories described at the Temporary Help Services (THS) for the National Capital Region (NCR) webpage.

2. Security requirements

2.1 The supplier must hold at minimum, a valid Designated Organization Screening issued by the Contract Security Program, Public Services and Procurement Canada (PSPC).

2.2 The supplier may request that THS for the NCR consider security sponsorship to upgrade their company security clearance to the next level by email: tpsgc.pasat-apths.pwgsc@tpsgc-pwgsc.gc.ca. Security may be upgraded at any time, 1 level at a time only

2.3 Sub-contractors and employees of suppliers will not be sponsored by PSPC.

3. Standard clauses and conditions

All clauses and conditions identified in the SA and resulting contract(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions (SAAC) Manual issued by PSPC.

4. Term of supply arrangement

5. Authorities

5.1 Supply arrangement authority

The SA authority is:

Supply team leader
Acquisitions branch
Public Services and Procurement Canada
10 Wellington Street, Terrasses de la Chaudière, fifth floor
Gatineau QC K1A 0S5

E-mail address:

tpsgc.pasat-apths.pwgsc@tpsgc-pwgsc.gc.ca

The SA authority is responsible for the issuance of the SA, its administration and its revision, if applicable.

6. Identified users

The identified users include any government department, agency or Crown Corporation listed in Schedules I, I.1, II, III, of the Financial Administration Act, R.S.C., 1985, c. F-11.

7. On-going opportunity for qualification

A notice will be posted on the Government Electronic Tendering Service for the duration of the SA to permit new suppliers to become qualified and pre-qualified suppliers to qualify for streams and categories for which they are not already qualified.

Canada reserves the right to conduct the evaluation of arrangements in cycles, not less than quarterly. Bids received over a calendar year will be evaluated in accordance with the schedule below. The schedule may require a revision due to operational requirements, in which case suppliers will be advised.

Dates may be subject to change due to holidays or any unforeseen events that may affect the government's ability to close the quarter on those dates. When applicable, the precise closing date of each quarter will be specified in the CPSS system via the Solicitation Dashboard.

8. 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 articles of the SA
2. 2020—General conditions: Supply Arrangement—Goods or Services (latest version available from the SACC Manual at the quarter bid closing date inserted at time of SA issuance)
3. the supplier's SA, received in response to Request for Supply Arrangement EN578-172870

9. Certifications and additional information

11. Compliance with on-site measures, standing orders, policies and rules

The supplier must comply and ensure that its employees and subcontractors comply with all security measures, standing orders, policies or other rules in force at the site where the work is performed.

12. Suspension or cancellation of qualification by Canada

In addition to the circumstances identified in 2020—General conditions: Supply Arrangement—Goods or Services, Canada may, by sending written notice to the supplier, suspend or cancel the supply arrangement where the supplier has made public any information that conflicts with the terms, conditions, pricing or availability of systems identified in this supply arrangement, or where the supplier is in default in carrying out any of its obligations under this supply arrangement, including any violations of the Code of Conduct for Procurement.

If an identified user (also known as a client department) notifies the supply arrangement authority that they have terminated a contract for default with a pre-qualified supplier under General Conditions—Supply Arrangement—Goods or Services—2020 09 1(b), the supply arrangement authority may do the following:

1. First default: provide a written warning to the pre-qualified supplier, outlining the repercussions should this happen again
2. Second default: suspend the supply arrangement of the pre-qualified supplier for a period of three months upon written notification to the pre-qualified supplier. The written notification will indicate the date on which the suspension will be complete
3. Third default: suspend the supply arrangement of the pre-qualified supplier for a period of six months upon written notification to the pre-qualified supplier. The written notification will indicate the date on which the suspension will be complete, and in the case of multiple suspensions, confirm the number of suspensions the pre-qualified supplier has already received

Once each suspension is over, the pre-qualified supplier will be advised in writing that their SA will be re-activated.

If Canada gets notified of a fourth default, Canada will terminate the supply arrangement with the pre-qualified supplier who now becomes a former pre-qualified supplier. The former pre-qualified supplier must then wait one (1) year before they may apply to pre-qualify under the Request for Supply Arrangement (RFSA). For the purpose of re-qualification, they are considered to be a ‘new bidder’. As a ‘new bidder’, the former pre-qualified supplier must substantiate that they meet all the mandatory criteria outlined in the Request for Supply Arrangement (RFSA) documentation.

13. Indigenous Business Certification

Where an Indigenous Business Certification has been provided, the supplier warrants that its certification of compliance is accurate and complete and in accordance with the "Requirements for the Set-aside Program for Indigenous Business" detailed in Annex 9.4 of the Supply Manual.

If such a certification has been provided, the supplier must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The supplier 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 supplier must provide all reasonably required facilities for any audits.

Nothing in this clause must be interpreted as limiting the rights and remedies which Canada may otherwise have pursuant to the Contract.

Annex “A”: Streams and categories

The streams and categories each supplier is qualified for, form a part of their individual SA.

The following is for demonstration purposes only:

• SA basis of payment (example)
  • Legal name: Example only
  • Procurement business number: XXXXXXXXXPG0001
  • Reference number: XXX

Annex “B”: Validation for diverse suppliers

1. Bid solicitation documents

Canada will use bid solicitation templates based on the estimated dollar value and complexity of the requirement.

The bid solicitation will contain as a minimum the following:

1. security requirements (including the applicable security requirements check lists (SRCL))
2. a complete description of the work to be performed
3. 2003, Standard instructions or 2004, Standard instructions
4. bid preparation instructions
5. instructions for the submission of bids (address for submission of bids, bid closing date and time)
6. evaluation procedures and basis of selection
7. financial capability (if applicable)
8. certifications, as applicable to the evaluation of resources (including status and availability)
9. conditions of the resulting contract

2. Bid solicitation process

2.1 Bids will be solicited for specific requirements within the scope of the SA from suppliers who have been issued a SA.

2.2 Under this SA, the identified user will be allowed to issue solicitations to pre-qualified suppliers only in accordance with the following rules:

2.3 Creating the bidders list for the subsequent RFPs: The identified users enter the categories they need in the CPSS and a search list of pre-qualified suppliers will be generated as indicated in the table above. When a JV appears on the list of selected suppliers, the identified users must remove any of the individual JV members if they are also present on the list.

2.4 Bid solicitation issuance for the subsequent RFPs: The identified users will email the bid solicitation directly to the selected suppliers from the final CPSS search list.

2.5 Bid evaluation for the subsequent RFPs: Bids will be assessed in accordance with the entire requirement of the Request for Proposal including the technical and financial evaluation criteria.

2.6 Interviewing proposed resources: When using right-fit basis of selection only, identified users may interview proposed resources to identify the most skilled based on the 5 justifications above and also in accordance with the Right-fit rules.

For any other basis of selection, resources may only be interviewed to validate that the information submitted in response to the solicitation is accurate.

Canada won’t reimburse bidders for interview time and telephone/virtual interviews are encouraged.

2.7 Basis of selection and issuance of contracts: The identified users will award contracts in accordance with the basis of selection identified in the request for proposal. All bidders will be advised of the solicitation results.

1. General

The conditions of any contract awarded under the SA will be in accordance with the resulting contract clauses of the template used for the bid solicitation.

The contract will contain as a minimum the following:

1. Security requirements (including the applicable SRCL)
2. Statement of work
3. Authorization of full-time or part-time telework
4. Standard clauses and conditions (includes general condition 2010B)
5. Term of contract (maximum 48 consecutive weeks)
6. Authorities
7. Payment
8. Invoicing instructions
9. Certifications and additional information
10. Applicable laws
11. Insurance
12. Priority of documents

2. Closure of government offices

Where the contractor, its employees, subcontractors, or agents are providing services on government premises or by telework using a secured government’s network and equipment, and those premises/network/equipment are inaccessible/down because of the evacuation or closure of government offices or equipment/network failure the contractor will be paid for no more than three (3) working days, at the rates in the contract provided that the contractor submits with its invoice a certification, countersigned by the affected resource, stating that:

• the contractor has not received any other payment from any other client for the contracted resources for the period of the closure
• the affected resource will be paid at the rate they are entitled to had the services been provided

3. Staffing arrangements

A transfer fee will be payable to the contractor by the identified user when the “office” where the THS for the NCR resource has been assigned during the contract period hires the resource without competition, either on a casual, term or indeterminate basis, prior to the passage of up to 20 calendar weeks measured from the start of services under the contract regardless of a change of duties.

• Greater than 18 and up to 20 weeks from the start of services: 2%
• Greater than 16 and up to 18 weeks from the start of services: 4%
• Greater than 14 and up to 16 weeks from the start of services: 6%
• Greater than 12 and up to 14 weeks from the start of services: 8%
• Greater than 10 and up to 12 weeks from the start of services: 10%
• Greater than 8 and up to 10 weeks from the start of services: 12%
• Greater than 6 and up to 8 weeks from the start of services: 14%
• Greater than 4 and up to 6 weeks from the start of services: 16%
• Greater than 2 and up to 4 weeks from the start of services: 18%
• Greater than 0 and up to 2 weeks from the start of services: 20%

4. Termination notification

When a contract is terminated (with the exception of default or mutual consent) before its expiry and the estimated contract period was 3 months or longer, the identified user must provide the contractor with a minimum of 7 calendar day’s written notice.

If the required notification is not provided, the identified user will pay a fee based on 7.5 hours per day at the rate charged by the contractor for each remaining day of the required notice. No written notification is required if the contract naturally expires.

5. Overtime

Overtime must not be performed under the contract unless authorized in advance and in writing by the identified user. Any request for payment must be accompanied by a copy of the overtime authorization, including any premium to be paid, and a report containing the details of the overtime performed pursuant to the written authorization.

Overtime is regulated by provincial legislation and is therefore calculated based on where the work is performed:

• in Ontario, overtime is payable for time worked in excess of 44 hours in a week
• in Quebec, overtime is payable for time worked in excess of 40 hours in a week

6. Statutory holidays

When an identified user’s office is closed due to a statutory holiday, the contractor will not be paid for that day and the resource must not report for work.

When an identified user’s office is open on a day normally recognized as a statutory holiday, it is the contractor’s decision whether to allow the resource to work or not. Agreement between the contractor and the identified user should be documented in advance of the holiday.

7. Replacement of specific individuals (resources)

1. If specific individuals are identified in the contract to perform the work, the contractor must provide the services of those individuals unless the contractor is unable to do so for reasons beyond its control
2. If the contractor is unable to provide the services of any specific individual identified in the contract, it must provide a replacement with qualifications and experience which equal or exceed those of the named individual, and at the same rate stipulated in the contract. The replacement must be acceptable to Canada
3. The contractor must, as soon as possible, give notice to the contracting authority of the reason for replacing the individual and provide:
   1. the name, qualifications and experience of the proposed replacement
   2. proof that the proposed replacement has the required security clearance granted by Canada, if applicable
4. The contractor must not, in any event, allow performance of the work by unauthorized replacement persons. The identified user may order that a replacement stop performing the work. In such a case, the contractor must immediately comply with the order and secure a further replacement in accordance with subsection 2. The fact that the identified user does not order that a replacement stop performing the work does not relieve the contractor from its responsibility to meet the requirements of the contract

8. Identification protocol for contractors and resources

The contractor will be responsible for ensuring that any of its resources, representatives or subcontractors complies with the following self-identification requirements:

1. contractor resources who attend a Government of Canada meeting (whether internal or external to Canada's offices) must identify as a contractor resource prior to the commencement of the meeting, to ensure that each meeting participant is aware of the fact that the individual is not a Government of Canada employee
2. during the performance of any work at a Government of Canada site, the contractor’s resource must be clearly identified at all times as being a contractor
3. if a contractor resource requires the use of the Government of Canada's e-mail system in the performance of the work, then the individual must clearly identify him or herself as a contractor resource in all electronic mail including the signature block as well as under "Properties". This identification protocol must also be used in all other correspondence, communication, and documentation

If Canada determines that the contractor resource or the contractor is in breach of any obligation stated in this clause, upon written notice from Canada the contractor must submit a written action plan describing the corrective measures it will implement to eliminate the recurrence of the problem. The contractor will have 2 working days to deliver the action plan to the identified user, and 10 working days to rectify the problem. In addition to any other rights it has under the contract, Canada may terminate the contract for default if the corrective measures required of the contractor described above are not met.

9. Vendor performance management

Any resulting contract awarded under the SA may be subject to the Vendor Performance Management Policy, where specific elements of the work will be subject to performance evaluation. The contractor may be required to collect, compile and present performance information and the contractor will be evaluated on specific aspects of its performance.