A: Supply Arrangement
The Supply Arrangement covers the Work described in the Requirement at Annex “A”- Requirement.
2. a) Security Requirement
The Supplier must hold the following minimum security requirement in order to remain a Supplier. The Supply Arrangement Authority may verify the Supplier's security clearance with the Canadian Industrial Security Directorate (CISD), PWGSC at any time during the Period of the Supply Arrangement.
Security requirement for Designated Organization Screening (DOS) Level:
PWGSC file #: EN578-060502-SA1
- The Supplier must, at all times during the performance of the Supply Arrangement, hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).
- The Supplier's 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.
- The Supplier must not remove any protected information or assets from the identified work site(s), and the Supplier must ensure that its personnel are made aware of and comply with this restriction.
- Subcontracts which contain security requirements are not to be awarded without the prior written permission of CISD/PWGSC.
- The Supplier must comply with the provisions of the:
The requirements to be procured under this Supply Arrangement 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" – Generic Security Requirements Check Lists (SRCLs) to this SA. Each contract will identify which SRCL will apply to that contract.
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 contract. For
example, if the Royal Canadian Mounted Police (RCMP) is the Identified User, additional checks may be conducted by the RCMP.
b) Insurance Requirements
The Supplier must comply with the insurance requirements specified in Annex "F" – Insurance Requirement. The Supplier must maintain the required insurance coverage for the duration of the Supply Arrangement and any resulting Contract. Compliance with the insurance requirements does not release the Supplier from or reduce its liability under the SA or any resulting Contract.
The Supplier is responsible for deciding if additional insurance coverage is necessary to fulfill its obligation under any resulting Contract and to ensure compliance with any applicable law. Any additional insurance coverage is at the Supplier's expense, and for its own benefit and protection.
If requested by Canada, the Supplier must provide a Certificate of Insurance evidencing the Insurance coverage and confirming that the insurance policy complying with the requirements is in force. Coverage must be placed with an Insurer licensed to carry out business in Canada. The Supplier must, if requested by the Supply Arrangement Authority, forward to Canada a certified true copy of all applicable insurance policies.
3. Standard Clauses and Conditions
All clauses and conditions identified in the Supply Arrangement and resulting contract(s) by
number, date and title are set out in the Standard Acquisitions Clauses and Conditions Manual issued by Public Works and Government Services Canada.
3.1 General Conditions
2020 (2015-07-03) General Conditions - Supply Arrangement - Goods or Services, apply to and form part of the Supply Arrangement.
3.2 Supply Arrangement Reporting
The Supplier must compile and maintain records on its provision of goods, services or both to the federal government under contracts resulting from the Supply Arrangement. This data must include all purchases paid for by a Government of Canada Acquisition Card.
The Supplier 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 Supplier must still provide a "NIL" report.
The Supplier 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 e-mail address Rapportsdutilisation.UtilizationReports@tpsgc-pwgsc.gc.ca. The THS Quarterly Usage Report template is accessible from Quarterly Usage Report Instructions.
Each QUR should include a list of all contracts issued to it under each Supply Arrangement, including stream, classification, level, client department and contact name, contract 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:
||April 1 to June 30
||On or before July 15
||July 1 to September 30
||On or before October 15
||October 1 to December 31
||On or before January 15
||January 1 to March 31
||On or before April 15
If a Supplier is not awarded any contracts during the quarter, the Supplier must confirm this by submitting a NIL report. The Supplier understands that failure to comply may result in the suspension of the Supply Arrangement. PWGSC reserves the right to suspend the Supply Arrangement without notice, if reports are not submitted on time or are inaccurate or incomplete.
4. Term of Supply Arrangement
4.1 Period of the Supply Arrangement
The period for awarding contracts under the Supply Arrangement is from issuance of the Supply Arrangement to July 7, 2016.
The contract period of individual contract(s) resulting from the Supply Arrangement may extend beyond the Period of the Supply Arrangement. A contract resulting from the Supply Arrangement may be issued until the last day of the Period of the Supply Arrangement, and this contract will be in force until all the work has been completed or until it expires or it is terminated.
5.1 Supply Arrangement Authority
The Supply Arrangement Authority is:
Public Works and Government Services Canada
Professional Services Business Initiatives Directorate
Portage III 11C1
11 Laurier Street
Telephone: (819) 956-1678
Facsimile: (819) 997-2229
E-mail address: email@example.com
The Supply Arrangement Authority is responsible for the issuance of the Supply Arrangement, its administration and its revision, if applicable.
5.2 Supplier's Representative
The Supplier's Representative is the individual identified by the Supplier in its arrangement or, if submitted with the arrangement, the individual identified in the “Supplier Profile” of the RFSA Technical Response Template. This individual is the only point of contact with the Supplier for all matters pertaining to the Supply Arrangement. By submitting the arrangement, the Supplier confirms that this individual has the authority to bind the Supplier. It is the Supplier's sole responsibility to ensure that information related to the Supplier's Representative is correct and to immediately inform the SA Authority of any change to it. The Supplier's Representative may delegate to another individual to represent the Supplier for administrative and technical purposes under any contract resulting from this Supply Arrangement by providing to the Contracting Authority prior written notice containing all contact information requested in the “Supplier 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 Publics Works and Government Services Act. Canada may, at any time, withdraw authority from any of the Identified Users to use the Supply Arrangement.
7. On-going Opportunity for Qualification
A notice will be posted on the GETS for the duration of the Supply Arrangement Period to allow new suppliers to become qualified and to allow existing suppliers, who have been issued a supply arrangement to qualify for classifications, streams and/or sub-streams for which they are not already pre-qualified. No existing Supplier will be removed from the qualified supplier list because of the addition of new Suppliers.
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.
- the articles of the Supply Arrangement;
- the general conditions 2020 (2015-07-03), General Conditions - Supply Arrangement - Goods or Services
- Annex "A" – Requirement
- Annex "B" – Basis of payment
- Annex "C" – Generic Security Requirements Check Lists (SRCLs)
- Annex "D" – Protocol and Standards for the THS Applicable to Identified Users and Suppliers
- Annex "E" – Basic Standards for Testing the Office Support Classification (Stream 1)
- Annex "F" – Insurance Requirements
- Annex “G” – THS Quarterly Usage Report Template
- the Supplier's arrangement dated _________(as clarified or as amended.)
Compliance with the certifications provided by the Supplier in the arrangement is a condition of the Supply Arrangement (SA) and subject to verification by Canada during the term of the Supply Arrangement and of any resulting contract that would continue beyond the period of the Supply Arrangement. If the Supplier does not comply with any certification or it is determined that any certification made by the Supplier in the arrangement is untrue, whether made knowingly or unknowingly, Canada has the right to terminate any resulting contract for default and suspend or cancel the SA.
10. Applicable Laws
The Supply Arrangement (SA) and any Contract resulting from the SA must be interpreted and governed, and the relations between the parties determined, by the laws in force in ______.
11. Suspension or Cancellation of Qualification by Canada
In addition to section 09 of general conditions 2020 (2008-12-12) - Suspension or Cancellation of Qualification by Canada, the following will also result in the suspension or cancellation of qualification of a Supplier's Supply Arrangement.
- Late deliveries;
- Price revision;
- Distribution or publication of advertising, including information included in company websites, which might be interpreted as suggesting that unauthorised services are available under the Supply Arrangement;
- Failure to submit complete and accurate Quarterly Usage Reports within the required time frames;
- Breach of any of the specific terms and conditions detailed in the Supply Arrangement (e.g. failure to meet the minimum RFSA requirements, failure to respect the Financial Limitation of Contract, etc.);
- Canada has terminated any resulting contract awarded against the Supply Arrangement framework for default;
- Canada has imposed measures on the Supplier under the PWGSC Vendor Performance Policy (or such similar policy as may be in place from time to time);
- Canada has documented at least three instances of poor performance under contracts awarded against the SA 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 Supply Arrangement Authority of changes in the Supplier's Representative, insurance coverage or security status, and non-compliance with invoicing procedures.
- Canada has documented at least three instances under contracts awarded against the SA framework where, when called upon to submit resources under a tasking request, and the Supplier did not respond, did not submit the required number of resources, submitted resources that did not meet the requirements of the contract, or submitted resources at pricing exceeding the amount specified under the Contract.
- Canada has documented at least three instances of poor client satisfaction by the same client, or, at least three occasions of poor client satisfaction by any Identified User, for services provided by the Supplier under contracts.
- Providing information on the Supplier website that conflicts with any aspect of the terms and conditions, pricing, or availability of systems currently listed in this Supply Arrangement.
Removal, suspension or cancellation of the Supply Arrangement will not, on its own,
affect any contracts entered into prior to the issuance of such notice.
- A suspension will not exceed 12 months.
- The Supplier acknowledges that Canada may publish information regarding the status of the Supplier's Arrangement, including the removal, suspension or withdrawal of authority to use the Supplier's Supply Arrangement.
12. Protocol and Standards
The Supplier must follow the Annex "D" – Protocol and Standards for the THS Applicable to Identified Users and Suppliers. Annex “D” is part of the commitment of PWGSC to enhance the integrity, transparency and efficiency of the government contracting process, and the use of automated procurement tools developed for Identified Users. Failure to follow Protocol and Standards could also lead to a suspension of the Supply Arrangement.
13. Multiple Requirements
Multiple requirements (those involving the requirement for up to 10 resources of the same or different classification that start and end assignment on the same dates), can be contracted using the Supply Arrangement method of supply. Multiple requirements do not have to be approved by PWGSC.
14. Bulk Requirements
Bulk requirements (those involving the requirement for more than 10 resources of the same or different classifications that start and end assignment on the same dates), can be contracted using the Supply Arrangement method of supply. Any bulk requirement must first be approved by PWGSC before the solicitation process can be initiated by the Identified User.
15. Aboriginal Business Certification (if applicable)
- The Supplier warrants that the certification of compliance with the definition of an Aboriginal business set out in the Requirements for the Set-aside Program for Aboriginal Business submitted by the Supplier is accurate and complete.
- The Supplier must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The Supplier must not, without obtaining prior written consent of the Supply Arrangement Authority, dispose of any such records or documentation supporting the accuracy of the certification until the expiration of six (6) years after final payment in a contract made under the Supply Arrangement, or until settlement of all outstanding claims and disputes, resulting from a dispute in a contract made under the Supply Arrangement, whichever is later. All such records and documentation must at all times during the retention period be open to audit, inspection and examination by representatives of Canada, who may make copies and take extracts. The Supplier must provide all facilities for such audits, inspections and examinations, and must furnish all such information as the representatives of Canada may from time to time require with respect to such records and documentation.
- Nothing in this clause must be interpreted as limiting the rights and remedies which Canada may otherwise have pursuant to the Contract made under the Supply Arrangement.
16. 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
17. 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 Suppliers to improve their operations to reduce their negative impact on the environment.
18. Environmental Properties Behaviour Recommended
- 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).
- 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: Accommodation Directory Search Page.
- Use of public/green transit where feasible.
B: Bid Solicitation Process under the Supply Arrangement
1. Bid Solicitation Documents
Canada will use the bid solicitation MC for medium complexity requirements, available in the Standard Acquisitions Clauses and Conditions Manual based on the estimated dollar value and complexity of the requirement.
The bid solicitation will contain as a minimum the following:
- security requirements;
- a complete description of the Work to be performed;
- 2003 (2015-07-03), Standard Instructions - Goods or Services - Competitive Requirements;
- bid preparation instructions;
- instructions for the submission of bids (address for submission of bids, bid closing date and time);
- evaluation procedures and basis of selection;
- conditions of the resulting contract.
2. Bid Solicitation Process
Bids will be solicited for specific requirements within the scope of the Supply Arrangement (SA) from Suppliers who have been issued a SA.
2.1 Request for Proposal Process
- Request for Proposal (RFP): Under this SA, the Identified User will be allowed to issue individual solicitations to pre-qualified Suppliers to obtain the required THS resource(s) in accordance with this SA. Authorized Solicitations under this SA made directly by the Identified User within the applicable Financial Limitations of Contracts will be made using PWGSC Form 9400-3.
- The Identified User will prepare a bid solicitation package and send it to a minimum of seven (7) suppliers for the required classification. The invited suppliers must include at least five (5) supplier selected randomly by the THS on-line system and two (2) suppliers of the Identified User's choice.
The Suppliers invited will be asked to respond to the bid solicitation. A response may include the resume of the proposed resource(s) along with details demonstrating how the proposed resource meets or exceeds the required experience as well as a proposed hourly rate. It is recommended that the invited suppliers be given a minimum of five (5) business days to respond.
All of the resources proposed must meet the minimum mandatory qualifications detailed in the Supply Arrangement for the classification for which they are being proposed.
Written or electronic consent must be obtained from the resource being proposed by the Supplier for each THS SA bid solicitation. The consent must include the RFP reference number, classification and level, and be accompanied by either an email thread indicating the resource's agreement or be signed and dated by the proposed resource. The written or electronic consent must be attached to each proposal submitted in response to the THS SA bid solicitation. Suppliers who do not provide written or electronic consent with their bid will be found non-responsive.
- Bid Solicitation Issuance: The Identified User will issue all THS SA solicitations via e-mail or fax. The Identified User may publish a notice via the GETS.
- Evaluation of the Proposal: The Identified User will assess the qualifications and experience of the proposed resources against the requirements set out in the bid solicitation. Canada may request proof of successful completion of formal training, as well as reference information. The Identified User reserves the right to request references from a Supplier 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 Identified User reserves the right to go to the next best proposal in accordance with the applicable basis of selection.
- Evaluation of Price and Basis of Selection: The qualified Supplier's price will be evaluated in accordance with the requirements as set out in the SA RFP and as presented in the qualified Supplier's Financial Proposal. Identification of the recommended Supplier will be determined through the selection method identified in the SA RFP. Canada reserves the right to evaluate individual solicitations issued under the SA framework on the basis of:
- the lowest priced responsive bid;
- point rated criteria which consider technical merit and price; or
- some other evaluation method to be defined in the applicable SA RFP.
- Issuance of Contracts: In accordance with the method of selection stated in the SA RFP, a contract will be issued by the Contracting Authority to authorize the qualified Supplier to proceed with the services. The qualified Supplier will not undertake any of the specified services unless and until a contract is authorized by the Contracting Authority. The qualified Supplier should sign and return a copy of the Contract to the Contracting Authority. It is understood and agreed that the qualified Supplier must not commence any services until authorized by the Contracting Authority.
- Discontinuation of the RFP Process: Until contract award a qualified Supplier may withdraw its proposal at any time, in which event the Identified User will no longer consider the Supplier's proposal, but may continue to consider all other bids.
2.2. Contracting Under the Supply Arrangement
Authorized Contracts under this Supply Arrangement made directly by the Identified User within the applicable Financial Limitations of Contracts will be made using PWGSC Form 9400-4.
2.3. Process for Awarding Contracts under the Supply Arrangement
- Only Authorized Contracts to be Accepted: The Supplier agrees only to perform individual contracts made by an authorized representative of Canada pursuant to this SA that do not exceed the applicable Financial Limitation of Contracts, outlined below.
- Identification of Contract Authorities: Provided an Identified User has the legal authority to contract, it may choose to permit a procurement representative to award Contracts under this Supply Arrangement in accordance with the Financial Limitation of Contracts described below. All contracts will be managed by the Identified User, and in such circumstance, the technical authority identified by the Identified User in the Contract will act as the technical authority for that Contract.
- Financial Limitation of Contracts: Each individual contract issued under the Supply Arrangement must not exceed the sum of $400,000.00 (Travel expenses, Goods and Services Tax or Harmonized Sales Tax, overtime and all amendments included). The Supplier must not perform any work or services or supply any articles in response to a contract(s) which would cause the total cost to Canada to exceed the said sum.
- Maximum Duration of Contracts: A Contract issued under this Supply Arrangement 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 Contract.
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. Contract extension requests must be provided by the Identified User to the Supply Arrangement Authority a minimum of 10 working days prior to the contract reaching the 48 consecutive weeks end date.
Whichever of the two comes first in (c) and (d) shall apply.
- Termination notification: 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.
2.4. Bidder Certification
By submitting a proposal in response to a THS SA Bid Solicitation, the Bidder certifies the following statements:
- The bidder certifies that should the Bidder be awarded a contract as a result of a bid solicitation, every individual proposed in the bid will be available to perform the work as required by Canada's representatives and at the time specified in the bid solicitation or agreed to with Canada's representatives.
- The Bidder certifies that all the information provided in the résumés and supporting material submitted with its bid, particularly the information pertaining to education, achievements, experience and work history, has been verified by the Bidder to be true and accurate. Furthermore, the Bidder warrants that every individual proposed by the Bidder for the requirement is capable of performing the work described in the resulting contract.
- If the Bidder has proposed an individual who is not an employee of the Bidder, the Bidder certifies that it has the written permission from that individual or his/her employer to propose the services in relation to the work to be performed and to submit his/her résumé. As well, the Bidder certifies that the proposed individual is aware that overtime may be required and is willing to comply.
- If Canada seeks clarification from the Bidder, 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 Bidder does not provide any required information within the time limit requested, its bid response will be considered non-responsive, and will receive no further consideration.
- In the event that prior to contract award, the Bidder confirms a change in the availability status of the identified resource proposed in the RFS from the top ranked compliant Bidder, or subject to a clarification obtained in accordance with (d), the Identified User may at its sole discretion proceed to either:
- set aside the bid and give it no further consideration for the purposes of the subject RFS and proceed to the next top ranked compliant Bidder provided the bid is still valid and that the proposed named resource is still available; or
- cancel the RFS process and start a new THS process.
- In the event that after the contract award, the successful Bidder confirms a change in the availability status of the identified resource regardless of the reason of unavailability, the Indentified User may elect at its sole discretion either to:
- issue an amendment reducing the value of the contract to $0.00 and document the file. At such time, the Identified User may proceed with the next top ranked Bidder provided that the bid validity period has not lapsed; or
- allow the successful Bidder to replace the resource as per SACC A7017C - Replacement of Specific Individuals.
- For all transaction conducted under article (f) i., the Identified User must submit to the PWGSC THS Supply Arrangement Authority a copy of the amendment reducing the contract to $0.00 along with a completed Client Satisfaction Report. A copy of this report is accessible at: Client Satisfaction Report.
C: Resulting Contract Clauses
The conditions of any contract awarded under the Supply Arrangement will be in accordance with the resulting contract clauses of the template used for the bid solicitation.
For any contract to be awarded using:
- MC (for medium complexity requirements), general conditions 2010B (2015-07-03) General Conditions - Professional Services (Medium Complexity)
The above template is set out in the Standard Acquisitions Clauses and Conditions Manual issued by Public Works and Government Services Canada.
A model RFP and Resulting Contract will be created and available for use for Identified Users.
2. Supplemental Conditions
- A7017C (2008-05-12) Replacement of Specific Individual
- B9028C (2007-05-25) Access to Facilities and Equipment
- A9062C (2011-05-16) Canadian Forces Site Regulations
- A9068C (2010-01-11) Government Site Regulations
- C0711C (2008-05-12) Time Verification
- C0705C (2010-01-11) Discretionary Audit