SA for Task Based Professional Services under the TSPS Project for PWGSC Identified Users

Supply Arrangement and Resulting Contract Clauses

Section A: Supply Arrangement

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Table of contents

• A.1 Arrangement
• A.2 Security Requirement
• A.3 Standard Clauses and Conditions
• A.4 Term of Supply Arrangement
• A.5 Authorities
• A.6 Identified Users
• A.7 On-going Opportunity for Qualification
• A.8 Priority of Documents
• A.9 Certifications
• A.10 Applicable Laws
• A.11 Aboriginal Business Certification
• A.12 Delivery Requirements Outside CLCSAs
• A.13 Environmental Considerations

A.1 Arrangement

The Supply Arrangement covers the Work described in the Requirement at Annex "A".

A.2 Security Requirement

The Supplier must hold the following minimum security requirement in order to remain an Active 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 life of the Supply Arrangement.

Security Requirement for Canadian Supplier:
PWGSC File #E60ZN-090002-SAA-A1

(See related SRCL under Annex "C" of this Supply Arrangement).

1. The Contractor must, at all times during the performance of the SA, hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).
2. The Contractor personnel requiring access to sensitive work site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by CISD/PWGSC. Until the security screening of the Contractor personnel required by this Contract has been completed satisfactorily by the Canadian Industrial Security Directorate, Public Works and Government Services Canada, the Contractor personnel MAY NOT ENTER sites, without an escort.
3. Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of CISD/PWGSC.
4. The Contractor must comply with the provisions of the:
   1. Security Requirements Check List and security guide (if applicable), attached at Annex "C" "TSPS Generic SRCLs";
   2. Industrial Security Manual (Latest Edition).

The requirements to be procured under this Supply Arrangement may be subject to security requirements. Several generic Security Requirement Check Lists (SRCL), which PWGSC anticipates will satisfy most security requirements associated with individual requirements, are attached to Annex "C" to this SA. Each Contract will identify which SRCL will apply to that contract.

These generic SRCLs may not meet the needs of some Designated 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 Designated User, additional checks may be conducted by the RCMP.

A.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 Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada.

A.3.1 General Conditions

2020 (2008-12-12) General Conditions - Supply Arrangement - Goods or Services, apply to and form part of the Supply Arrangement.

A.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 data must be submitted on a quarterly basis to the Public Works and Government Services Canada Supply Arrangement Authority.

Quarterly periods are defined as follows:

• 1^st quarter: April 1 to June 30;
• 2^nd quarter: July 1 to September 30;
• 3^rd quarter: October 1 to December 31;
• 4^th quarter: January 1 to March 31.

Electronic reports must be completed and forwarded to the Supply Arrangement Authority no later than 15 calendar days after the end of the quarterly period. An electronic version of the form in Excel and/or Lotus spreadsheet format is available on the Buy and Sell Web site, under "Publications, Manuals, Forms".

All data fields of the report must be completed as requested. If some data is not available, the reason must be indicated in the report. If no goods or services are provided during a given period, the Supplier must still provide a "NIL" report.

Failure to provide fully completed reports in accordance with the above instructions may result in the withdrawal by Canada from the Supply Arrangement, the removal of the Active Supplier from the list of qualified Active Suppliers and the application of a vendor performance corrective measure.

A.4 Term of Supply Arrangement

A.4.1 Period of the Supply Arrangement

The Supply Arrangement has no defined end-date and will remain valid until such time as Canada no longer considers it to be advantageous to do so.

The period for awarding contracts under the Supply Arrangement begins __________.

A.5 Authorities

A.5.1 Supply Arrangement Authority

The Supply Arrangement Authority is:

Rita Brown
Supply Team Leader
Public Works and Government Services Canada
Acquisitions Branch
Professional Services Procurement Directorate
Portage III 11C1
11 Laurier Street
Gatineau, Quebec
K1A 0S5

Telephone: 819-956-1230
Facsimile: 819-997-2229
E-mail address: spts.tsps@tpsgc-pwgsc.gc.ca

The Supply Arrangement Authority is responsible for the issuance of the Supply Arrangement, its administration and its revision, if applicable.

A.5.2 Supplier's Representative

1. The Supplier has identified the following individual as its representative with the authority to bind the Supplier. It is the Supplier's responsibility to ensure that the information related to the Supplier's Representative is correct and to inform the SA Authority of any change to it.

   Name: [TBD]
   Title: [TBD]
   Telephone: xxx-xxx-xxxx
   Facsimile: xxx-xxx-xxxx
   Email: [TBD]

2. The Supplier has identified the following individual as its representative for administrative matters relating to the Supply Arrangement.

   Name: [TBD]
   Title: [TBD]
   Telephone: xxx-xxx-xxxx
   Facsimile: xxx-xxx-xxxx
   Email: [TBD]

A.6 Identified Users

1. The Identified Users 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.
2. Identified Users must have written authorization by PWGSC to use the Supply Arrangement.

A.7 On-going Opportunity for Qualification

A Request for Supply Arrangements will be issued in accordance with the process set out below to allow new suppliers to become qualified. Existing qualified Active Suppliers, who have been issued a supply arrangement, will not be required to submit a new arrangement.

1. Notice: PWGSC will issue a notice on GETS every twelve (12) months (except for the 1st refresh, which will be fifteen (15) months). Refresh will contain a Technical Component, a Financial Component and a Certification Component.
2. Technical Component: The RFSA Refresh will invite new and existing Suppliers to submit an arrangement for the provision of professional services. Existing Suppliers may not be required to resubmit a Technical Offer for previously documented consultant categories as, in addition to any new information submitted, the information submitted in the previous (E60ZN-090002/A) RFSA's Technical Arrangement may be considered resubmitted under the RFSA Refresh.
3. Financial Component: The RFSA Refresh will require both new and existing Suppliers to submit new ceiling per diem rates meeting the requirements setout in the RFSA Refresh document. At each RFSA Refresh a new range of Price Competitiveness will be determined, and only those Suppliers that are considered price competitive will be considered "Active" Suppliers. Suppliers that are technically compliant but are not considered price competitive would be considered "Inactive" Suppliers.
4. Certification Component: The RFSA Refresh will require both new and existing Active Suppliers to submit new certifications.
5. Evolving Requirement: PWGSC may during any Refresh process add, remove or modify new and existing Consultant Categories.

A.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 Supply Arrangement;
2. the general conditions 2020 (2008-12-12), General Conditions - Supply Arrangement - Goods or Services
3. Annex "A" Requirement;
4. Annex "B" Basis of Payment;
5. Annex "C" Security Requirements Checklist
6. the Supplier's arrangement dated _________ ("as clarified on _______" or "as amended _________".

A.9 Certifications

A.9.1 Compliance

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 SA and of any resulting contract that would continue beyond the period of the SA. 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.

A.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 __________.

A.11 Aboriginal Business Certification

1. 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.
2. The Supplier must keep proper records and documentation relating to the accuracy of he 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.
3. 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.

A.12 Delivery Requirements Outside CLCSAs

The resulting solicitations 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.

A.13 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.

A.13.1 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: 2010 Accommodation Search Page
• Use of public/green transit where feasible.

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