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Standing Offer for Task-Based Professional Services

Part A: Standing Offer

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Table of Contents

  1. Offer
  2. Security Requirement
  3. Standard Clauses and Conditions
  4. Term of Standing Offer
  5. Authorities
  6. Proactive Disclosure of Contracts with Former Public Servants
  7. Identified Users
  8. Priority of Documents
  9. Certifications
  10. Applicable Laws
  11. Confirmation of Qualification
  12. Suspension or Set Aside of Qualification by Canada
  13. Aboriginal Business Certification (if applicable)
  14. Delivery Requirements within a Comprehensive Land Claims Settlement Area
  15. Environmental Considerations
  16. Travel and Living
  17. Regions and Metropolitan Areas

1. Offer

1.1 The Offeror offers to perform the Work in accordance with the Services described in Annex "A" Standing Offer/Supply Arrangement – Streams and Categories, which are also identified at Annex C Standing Offer – Qualified Categories and Rates.

2. Security Requirements

  1. The Supplier must, at all times during the performance of the SO hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC). The SO Authority may verify the Supplier's security clearance with CISD of PWGSC at any time during the period of the SO.
  2. The requirements to be procured under this SO are subject to the requirements in the Security Requirement Check Lists (SRCL's) identified in each individual Availability Confirmation Form (ACF). Each ACF will identify the SRCL that will apply to any resulting call-up.
  3. Subcontracts which contain security requirements are not to be awarded without the prior written permission of CISD/PWGSC.
  4. In the case of Joint Ventures or Amalgamations, the highest level of corporate security attainable through CISD of PWGSC is the lowest level held by any single member of the JV or amalgamation. For example: a Joint Venture with five (5) members is comprised of four members holding a valid Facility Security Clearance (FSC) at the Secret level and one member holding a valid Designated Organization Screening (DOS). The highest corporate security level for which the Joint Venture would be considered under this SO framework would be DOS, until such time as the member holding a valid DOS clearance has requested sponsorship via the SO Authority and obtained a valid FSC at the secret level issued by CISD.
  5. Additional security checks may be conducted by the Identified User.

3. Standard Clauses and Conditions

All clauses and conditions identified in the SO and resulting Call-up(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by PWGSC.

3.1 General Conditions

2005 (2016-04-04) General Conditions - Standing Offers - Goods or Services, apply to and form part of the Standing Offer.

3.2 Standing Offers Reporting

The Supplier must compile and maintain records on its provision of goods, services or both to the federal government under Call-ups resulting from the SO. The Supplier must provide this data in accordance with the reporting requirements detailed at the Quarterly Usage Report Instructions page If no goods or services are provided during a given period, the Supplier must still provide a "NIL" report. Canada reserves the right to change the “NIL” reporting procedure at any time.

The data must be submitted on a quarterly basis to the SO Authority. Electronic reports must be completed and forwarded to the SO Authority, no later than 15 calendar days after the end of the quarterly report.

The quarterly reporting periods are defined as follows:

Quarter Period Covered Due on or Before
1st April 1 to June 30 July 15th
2nd July 1 to September 30 October 15th
3rd October 1 to December 31 January 15th
4th January 1 to March 31 April 15th

Failure to provide fully completed quarterly reports in accordance with the above instructions may result in the setting aside of the SO and the application of a vendor performance corrective measure.

4. Term of Standing Offer

4.1 Period of Standing Offer

The period for making call-ups against the SO begins on date of award and ends 18 months later.

4.2 Request for Standing Offer Bid Solicitations

In as much as possible, PWGSC will issue a bid solicitation intended to replace the SO for the Services every eighteen months, although PWGSC reserves the right to choose to proceed with a different procurement vehicle for the requirement if it considers such action appropriate. Each such re-competition (a “re-competition bid solicitation”) requires all potential Bidders, including those who may have received instruments under the previous solicitation, to submit a bid in response to the bid solicitation in order to continue to provide services under its resulting SO. The terms and conditions of each re-competition bid solicitation may add, modify or remove categories/streams, and may otherwise modify the requirements of the previous bid solicitation. As such, each re-competition bid solicitation stands alone, separate and apart from any previous bid solicitation.

Offerors may submit a bid for a Request for Standing Offer (RFSO) by responding to the re-competition bid solicitation’s terms and conditions. Given that the SOs issued are the result of an open tendering process under the trade agreements, Canada is not able to entertain request by Offerors for the qualification for offers at times other than those provided by the re-competition bid solicitation process.

5. Authorities

5.1 Standing Offer Authority

The Standing Offer Authority for the Standing Offer (SO) is:

Robert Pilon
Supply Specialist
Public Works and Government Services Canada Acquisitions Branch
Professional Services Procurement Directorate
Portage III 10C1
11 Laurier Street Gatineau, Quebec K1A 0S5
Facsimile: 819-956-9235
E-mail address: TPSGC.SPTS-TSPS.PWGSC@tpsgc-pwgsc.gc.ca

The SO Authority is responsible for the establishment of the SO, its administration and its revision, if applicable. Any changes to the SO must be authorized in writing by the SO Authority.

Upon the making of a call-up, the Identified User, as Contracting Authority, will be responsible for any contractual issues relating to individual call-ups made against the SO by any Identified User.

5.2 Offeror Representative

This individual is the central point of contact within the Offeror for all matters pertaining to this SO. The Offeror confirms that this individual has the authority to bind the Offeror. It is  the Offeror's sole responsibility to ensure that the information related to the Offeror Representative is correct. If a replacement or a new Offeror Representative is required, the Offeror will.

  1. inform CPSS by e-mail at cpss@tpsgc-pwgsc.gc.ca, and
  2. inform the Standing Offer Authority by e-mail at TSPS@tpsgc-pwgsc.gc.ca.

and provide the following information:

Name:
Title:
Telephone:
Email:

The Offeror may designate another individual to represent the Offeror for administrative and technical purposes under any contract resulting from this Standing Offer.

6. Proactive Disclosure of Contracts with Former Public Servants

By providing information on its status, with respect to being a former public servant in receipt of a Public Service Superannuation Act (PSSA) pension, the Offeror has agreed that this  information will be reported on departmental websites as part of the published proactive disclosure reports, in accordance with Contracting Policy Notice: 2012-2 of the Treasury Board Secretariat of Canada.

7. 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 SO.

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 Call-up against the Standing Offer, including any annexes;
  2. the articles of the Standing Offer;
  3. the General Conditions 2005 - General Conditions - Standing Offers - Goods or Services
  4. the General Conditions 2035 - General Conditions – Higher Complexity – Services
  5. Annex C – SO – Qualified Categories and Rates
  6. Annex A – SO - Streams and Categories
  7. Annex B – SA/SO - TSPS Generic Security Requirements Check Lists (SRCLs)
  8. Annex D – SO – Availability Confirmation Form
  9. the Offeror's offer _________ (insert date of offer), ______ (if the offer was clarified or amended, insert at the time of issuance of the offer: "as clarified on _______" or "as amended _________ (insert date(s) of clarification(s) or amendment(s) if applicable).

9. Certifications

Compliance with the certifications provided by the Offeror and the ongoing cooperation in providing associated information are conditions of issuance of the SO. Certifications are subject to verification by Canada during the entire period of the SO and of any resulting Call-up that would continue beyond the period of the SO. If the Offeror does not comply with any certification, fails to provide the associated information, 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 Call-up for default and suspend or cancel the SO.

10. Applicable Laws

The SO and any contract resulting from the SO must be interpreted and governed by the laws in force in the Province of Ontario, Canada unless otherwise stipulated in the Offeror's bid in response to the bid solicitation that resulted in this SO.

11. Confirmation of Qualification

11.1 The Offeror must continue to meet all the qualification requirements related to the Standing Offer (SO) during the entire period of the SO. Any certification provided by the Offeror must be true on the date of the issuance of the SO and remain true throughout the period of the SO. The Offeror must immediately notify the Standing Offer Authority if it no longer meets any of the qualification requirements of the SO.

11.2 The Standing Offer Authority may require the Offeror to confirm its qualification at any time and provide evidence to support its confirmation. If the Offeror no longer meets any of the requirements for qualification, Canada may, at its option:

  1. suspend authority for the use of the SO until the Offeror has demonstrated, to the satisfaction of Canada, that it meets the requirements in respect of which it has been found deficient. During this time, no call ups will be made under the SO;
  2. suspend the Offeror's qualification under specific categories of the SO until the Offeror has demonstrated, to the satisfaction of Canada, that it meets the requirements in respect of which it has been found deficient. During this time, no call ups will be made under their SO for those categories;
  3. set aside the SO or the Offeror's qualification for specific categories, in which case, the Offeror will not be allowed to submit a new offer for consideration until the requirement is

12. Suspension or Set Aside of Qualification by Canada

Canada may, by sending written notice to the Offeror, suspend or set aside the Standing Offer (SO) under any of the following circumstances:

  1. the Offeror no longer meets any of the required qualifications of the SO as provided for in the section titled “Confirmation of Qualification”;
  2. the Offeror has made public any information that conflicts with the terms, conditions, pricing or availability of systems identified in this SO;
  3. the Offeror is in default in carrying out any of its obligations under any resulting call up and Canada has exercised its contractual right to terminate the contract for default;
  4. the Offeror is in default in carrying out any of its obligations under this SO; or
  5. Canada has imposed measures on the Offeror under the Vendor Performance Corrective Measures Policy (or such similar policy that may be in place at that time).

Suspension or set aside of the SO will not affect the right of Canada to pursue other remedies or measures that may be available. It will not, on its own, affect any Call-up entered into before the issuance of the notice. The Standing Offer Authority will however remove the Offeror from the list of Offerors eligible to receive call ups under this SO. The Offeror will not be able to submit another offer, and the Offeror will not be allowed to submit a new offer for consideration until the requirement is re-competed.

13. Aboriginal Business Certification (if applicable)

  1. The Offeror warrants that where an Aboriginal Business Certification has been provided 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. If such Certification has been provided, the Offeror must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The Offeror must obtain the written consent of the Contracting Authority before disposing of any such records or documentation before the expiration of six 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 Offeror 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

14. Delivery Requirements within a Comprehensive Land Claims Settlement Area

The SO is not to be used for deliveries within a Comprehensive Land Claims Settlement Area (CLCSA). All requirements for delivery within a CLCSA may be submitted to PWGSC for individual processing.

15. Environmental Considerations

As part of Canada's 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, Offerors should:

  1. Paper consumption:
    • Provide and transmit draft reports, final reports and bids in electronic 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 sustainably managed forest.
    • Recycle unneeded printed documents (in accordance with Security Requirements).
  2. Travel requirements:
    • The Offeror is encouraged to use video and/or teleconferencing where possible to cut down unnecessary travel.
    • Use of Properties with Environmental Ratings: Offerors to the Government of Canada may access the Public Works and Government Services Canada Accommodation directory, which includes Eco-Rated properties. When searching for accommodation, Offerors 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 Offerors .
    • Use of public/green transit where

16. Travel and Living

The Travel and Living expenses are calculated differently between the Regions and Metropolitan areas and this may affect the total cost of a Professional Services SO requirement. Accordingly, if any Call-up permits payment to a Contractor in its Basis of Payment for Travel and Living expenses, such expense will only be reimbursed in accordance with the information provided at   Standing Offer Travel and Living Information.

17. Regions and Metropolitan Areas

Definitions of the Remote/Virtual Access, Regions and Metropolitan Areas are incorporated by reference into this SO. For the purposes of this SO, the Remote/Virtual Access is to be considered as another Region.

The following Regions and Metropolitan areas may receive professional services under this SO where a Supplier is qualified to do so:

Regions

  • National Capital
  • Atlantic
  • Quebec
  • Ontario
  • Western
  • Pacific
  • Remote/Virtual Access: This is a separate zone and does not include any of the other Regions or Metropolitan Areas. It is a zone that is used when a Client has no preference in terms of where the work is performed

Metropolitan Areas

  • National Capital
  • Halifax
  • Moncton
  • Montreal
  • Quebec City
  • Toronto
  • Calgary
  • Edmonton
  • Saskatoon
  • Winnipeg
  • Vancouver
  • Victoria

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