Standing Offer and Resulting Call-Up Clauses
Part A: Standing Offer (SO)
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Table of Contents
- Security Requirement
- Standard Clauses and Conditions
- Term of Standing Offer
- Proactive Disclosure with Former Public Servants
- Identified Users
- Call-up Procedures
- Call-up Instrument
- Limitation of Call-ups
- Priority of Documents
- Applicable Laws
- Confirmation of Qualification
- Aboriginal Business Certification (if applicable)
- Delivery Requirements Outside a Comprehensive Land Claims Settlement Area
- Environmental Considerations
- Travel and Living
- Regions and Metropolitan Areas
1.1 The Offeror offers to perform the Work in accordance with the Statement of Work at Annex "X". Annex "A": Requirement Standing Offer/Supply Arrangement – Requirement which are also identified at Annex E Standing Offer – Qualified Categories and Rates.
2. Security Requirements
SECURITY REQUIREMENT FOR CANADIAN SUPPLIER:
- The Contractor/Offeror must, at all times during the performance of the Contract/Standing Offer, hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC).
- The Contractor/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.
- The Contractor/Offeror MUST NOT remove any PROTECTED information or assets from the identified work site(s), and the Contractor/Offeror 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 Contractor/Offeror must comply with the provisions of the:
- Security Requirements Check List and security guide (if applicable), available on the Common Centralized Professional Services: Security Requirement Checklists (SRCLs) website;
- Industrial Security Manual (Latest Edition).
- The requirements to be procured under this Standing Offer are subject to the requirements in the Security Requirement Check Lists (SRCL's) identified in each individual bid solicitation. Samples of possible SRCL's are accessible through the link Common Centralized Professional Services: Security Requirement Checklists (SRCLs), but other SRCL's may be used. Each call-up will identify the SRCL that will apply to any resulting contract.
- In the case of a joint venture, for any given resulting contract the highest level of corporate security attainable through CISD of PWGSC is the lowest level held by any single member of the joint venture. For example, a joint venture with five (5) members is comprised of four (4) members holding a valid Facility Security Clearance (FSC) at the Secret level and one member holding a valid Designated Organizational Screening (DOS). The highest corporate security level for which the joint venture would be considered under a bid solicitation run this Supply Arrangement would be DOS, until such time as the member holding a valid DOS clearance has requested sponsorship via the Standing Offer Authority and obtained a valid FSC at the Secret level as issued by CISD.
SECURITY REQUIREMENT FOR UNITED STATES OF AMERICA SUPPLIER:
- The Foreign recipient Offeror shall, at all times during the performance of Supply Arrangement, hold a valid Facility Security Clearance, issued by the NSA/DSA of the UNITED STATES of AMERICA, at the equivalent level of CONFIDENTIAL, in accordance with the National Policies of the UNITED STATES of AMERICA. All CANADA PROTECTED information / assets accessed by the Foreign recipient Offeror shall NOT be safeguarded at the Foreign recipient's sites.
- CANADA PROTECTED information/assets shall be released only to Foreign recipient Offeror personnel, who have a need-to-know for the performance of the Supply Arrangement and who have a Personnel Security Clearance at the level of CONFIDENTIAL, granted by their respective NSA/DSA, in accordance with the National Policies of the UNITED STATES of AMERICA.
- CANADA PROTECTED information/assets provided or generated pursuant to this Supply Arrangement shall not be further provided to a third party Foreign recipient Subcontractor unless:
- written assurance is obtained from the third-party Foreign recipient's NSA/DSA to the effect that the third-party Foreign recipient Subcontractor has been approved for access to CANADA PROTECTED information by the third-party Foreign recipient's NSA/DSA; and
- written consent is obtained from the NSA/DSA of the UNITED STATES of AMERICA, if the third-party Foreign recipient Subcontractor is located in a third country.
- Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of their respective NSA/DSA, in accordance with the National Policies of the UNITED STATES of AMERICA.
- The Foreign recipient Offeror shall not disclose the CANADA PROTECTED information to a third party government, person, firm, or representative thereof, without the prior written consent of the Government of Canada. Such consent shall be sought through the recipient's National Security Authority/Designated Security Authority (NSA/DSA). The Canadian
DSA is the Director, International Industrial Security Directorate (IISD), Public Works and Government Services Canada (PWGSC).
- The Foreign recipient Offeror shall not use the CANADA PROTECTED information/assets for any purpose other than for the performance of the Supply Arrangement without the prior written approval of the Government of Canada. This approval must be obtained by contacting the Canadian DSA.
- The Foreign recipient Offeror visiting Canadian Government or industrial facilities, under this contract, will submit a Request for Visit form to Canada DSA, through their respective NSA/DSA.
- The Foreign recipient Offeror shall immediately report to its respective NSA/DSA all cases in which it is known or there is reason to suspect that CANADA PROTECTED information/assets furnished to or generated by the Foreign recipient Offeror, pursuant this Supply Arrangement, have been lost or disclosed to unauthorized persons.
- The Foreign recipient Offeror shall comply with the provisions of the Bilateral Industrial Security Memorandum of Understanding between the UNITED STATES of AMERICA and Canada, in relation to equivalencies.
- The Foreign recipient Offeror must comply with the provisions of the Security Requirements Check List available on the Common Centralized Professional Services: Security Requirement Checklists (SRCLs) website.
- The FOREIGN recipient Offeror must use the below table of equivalency in conjunction with the above paragraphs, in accordance with the National Policies of the UNITED STATES of AMERICA and in accordance with the provisions of the Bilateral Industrial Security Memorandum of Understanding between the UNITED STATES of AMERICA and Canada, in relation to the equivalencies of CANADA PROTECTED and / or CLASSIFIED information / assets.
UNITED STATES of AMERICA & CANADA TABLE OF SECURITY CLEARANCE EQUIVALENCY
||UNITED STATES of AMERICA
SECURITY REQUIREMENT FOR UNITED KINGDOM SUPPLIER:
- The Foreign recipient Contractor shall, at all times during the performance of the Contract, hold a valid Facility Security Clearance, issued by the NSA/DSA of the UNITED KINGDOM, at the equivalent level of CONFIDENTIAL, in accordance with the National Policies of the UNITED KINGDOM. All CANADA PROTECTED information / assets accessed by the Foreign recipient Contractor shall NOT be safeguarded at the Foreign recipients sites.
- CANADA PROTECTED information/assets shall be released only to Foreign recipient Contractor personnel, who have a need-to-know for the performance of the Contract and who have a Personnel Security Clearance at the level of CONFIDENTIAL, and/or as prescribed in Appendix A of these clauses, when accessing CANADIAN PROTECTED A information/assets, as required, granted by their respective NSA/DSA, in accordance with the National Policies of the UNITED KINGDOM.
- CANADA PROTECTED information/assets provided or generated pursuant to this Contract shall not be further provided to a third party Foreign recipient Subcontractor unless:
- written assurance is obtained from the third-party Foreign recipient's NSA/DSA to the effect that the third-party Foreign recipient Subcontractor has been approved for access to CANADA PROTECTED information by the third-party Foreign recipient's NSA/DSA; and
- written consent is obtained from the NSA/DSA of the UNITED KINGDOM, if the third-party Foreign recipient Subcontractor is located in a third country.
- Subcontracts which contain security requirements are NOT to be awarded without the prior written permission of their respective NSA/DSA, in accordance with the National Policies of the UNITED KINGDOM.
- The Foreign recipient Contractor shall not disclose the CANADA PROTECTED information to a third party government, person, firm, or representative thereof, without the prior written consent of the Government of Canada. Such consent shall be sought through the recipient's National Security Authority/Designated Security Authority (NSA/DSA). The Canadian DSA is the Director International Industrial Security Directorate (IISD), Public Works and Government Services Canada (PWGSC).
- The Foreign recipient Contractor shall not use the CANADA PROTECTED information/assets for any purpose other than for the performance of the Contract without the prior written approval of the Government of Canada. This approval must be obtained by contacting the Canadian DSA.
- The Foreign recipient Contractor visiting Canadian Government or industrial facilities, under this contract, will submit a Request for Visit form to Canada DSA, through their respective NSA/DSA. In the cases of the UNITED KINGDOM, the Foreign recipient Contractor are required to submit Request for Visits (RFV's) to UNITED KINGDOM International Visits Control Office (IVCO).
- The Foreign recipient Contractor shall immediately report to its respective NSA/DSA all cases in which it is known or there is reason to suspect that CANADA PROTECTED information/assets furnished to or generated by the Foreign recipient Contractor, pursuant this Contract, have been lost or disclosed to unauthorized persons.
- The Foreign recipient Contractor shall contact their respective NSA/DSA in order to comply with the provisions of the Bilateral Industrial Security Memorandum of Understanding between the UNITED KINGDOM and Canada, in relation to equivalencies.
- The Foreign recipient Contractor must comply with the provisions of the Security Requirements Check List available on the CPSS website.
- The FOREIGN recipient Contractor must use the below table of equivalency in conjunction with the above paragraphs, in accordance with the National Policies of the UNITED KINGDOM, and in accordance with the provisions of the Bilateral Industrial Security Memorandum of Understanding between the UNITED KINGDOM and Canada, in relation to the equivalencies of CANADA PROTECTED information/assets.
TABLE OF SECURITY CLEARANCE EQUIVALENCY – CANADA & UK
||THE UNITED KINGDOM
See applicable Appendix for details regarding additional security requirements when accessing / for the treatment of CANADA PROTECTED A information/ assets.
||No Official equivalent in the UK. To be treated AS A MINIMUM OF UK CONFIDENTIAL.
The Foreign recipient Contractor shall also insert this Appendix A into all subcontracts into which it enters that involve access to CANADA PROTECTED A information / assets.
PERSONNEL SECURITY CLEARANCES – when accessing CANADA PROTECTED A information ONLY:
- The Foreign recipient Contractor shall not grant access to CANADA PROTECTED A information unless its personnel are subject to the below conditions, as a minimum; or have been granted a Personnel Security Clearance at the Confidential level or higher:
- personnel have a valid Baseline Personnel Security Screening (BPSS); and
- personnel have been granted a Criminal Records check by Disclosure Scotland – at the Basic Disclosure level. It is understood that in order to process a BPSS and Criminal Records Check , the following requirements must include:
- BPSS will include confirmation of Identity, Citizenship/Immigration Status, Employment History and a Criminal Records check;
- For employees unable to provide three years of verifiable history in the UK, an Overseas Check and an Overseas Criminal Records check shall be required;
- The Foreign subcontractor shall ensure that its personnel provide consent to share results of the BPSS and the Criminal Records check, with the Canadian DSA if requested; and
- The Foreign subcontractor shall supply, upon request only, an authenticated true copy of the BPSS and Criminal Records check to the Canadian DSA.
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 (SACC) Manual issued by Public Works and Government Services Canada.
3.1 General Conditions
2005 (2014-09-25) General Conditions - Standing Offers - Goods or Services, apply to and form part of the Standing Offer.
3.2 Standing Offers Reporting
The Offeror must provide a Quarterly Usage Report (QUR) to the Standing Offer Authority on a quarterly basis. These submissions must be made by completing and forwarding an electronic copy of the QUR (in Excel format) to the Standing Offer Authority at to the following e-mail address: SPTS.TSPS@tpsgc-pwgsc.gc.ca.
Each QUR should be submitted using the electronic template entitled "< Offeror Name > Quarterly Usage Report" (see Annex "C" Standing Offer/Supply Arrangement for sample QUR) and should include a list of all call-ups issued to it under each Standing Offer, including Category, Level of Expertise, Client department and contact name, call-up number, start and end dates, number of days billed, all-inclusive firm per diem rate and dollar value (both including and excluding applicable taxes).
The reports must be submitted to the SO Authority according to the following schedule:
- 1st quarter: April 1 to June 30 (Due on or before July 15th)
- 2nd quarter: July 1 to September 30 (Due on or before October 15th)
- 3rd quarter: October 1 to December 31 (Due on or before January 15th)
- 4th quarter: January 1 to March 31 (Due on or before April 15th)
If an Offeror does not receive any call-ups during the period, the Offeror must confirm this by submitting a nil QUR report. Simply responding NIL by e-mail will not suffice; a copy of the QUR must be opened, completed and submitted. The Offeror understands that failure to comply may result in the set-aside of the Standing Offer.
PWGSC may suspend the Offeror's 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 begins on date of award and ends December 31, 2016.
4.2 Request for Standing Offer (RFSO) Bid Solicitations
It is intended that this bid solicitation will follow the guidelines set out by PWGSC's Professional Services National Procurement Strategy; however those guidelines are not incorporated into this document. The bid solicitation documents contain all the requirements relating to the bid solicitation. Any other information or documentation provided to or obtained by an Offeror from any source is not relevant.
In as much as possible, PWGSC will issue a bid solicitation intended to replace the Standing Offer for the Services on an annual basis, 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 "renewal bid solicitation") requires all 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 Standing Offer. The terms and conditions of each renewal bid solicitation may add, modify or remove Categories/Streams, and may otherwise modify the requirements of the previous bid solicitation. As such, each renewal bid solicitation stands alone, separate and apart from any previous bid solicitation. While some aspects of a bidder's bid may incorporate by reference information already in the possession of Canada, all the requirements of a solicitation must be met by each bidder by the closing date.
Offerors may submit a bid for a Standing Offer at any time by responding to the renewal bid solicitation's terms and conditions. Given that the Standing Offers issued are the result of an open tendering process under the trade agreements, Canada is not able to entertain request by suppliers for the qualification for offers at times other than those provided by the renewal bid solicitation process.
||Anticipated Submission Period
||Estimated Award Date (subject to change)
Renewal Bid Solicitation Schedule
| February 2015 to March 2015
||As indicated on page 1
Renewal Bid Solicitation Schedule
|April 2016 to May 2016
||As indicated on page 1
All Offerors must submit a bid before the closing date of a renewal bid solicitation in order to continue to provide services under its resulting standing offers.
5.1 Standing Offer Authority
The Standing Offer Authority for the Standing Offer is:
Public Works and Government Services Canada
Professional Services Procurement Directorate
Portage III 11C1
11 Laurier Street
E-mail address: TPSGC.SPTS-TSPS.PWGSC@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, he/she is responsible for any contractual issues relating to individual call-ups made against the Standing Offer 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 Standing Offer. 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.
- inform CPSS by e-mail at firstname.lastname@example.org, and
- inform the Standing Offer Authority by e-mail at SPTS.TSPS@tpsgc-pwgsc.gc.ca.
[Note to Offeror: This information is as per your offer and is available to be viewed by Clients via the Centralized Professional Services System (CPSS) website.]
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 Standing Offer.
8. Call-up Procedures
8.1 Multiple Offers Exist
Multiple Standing Offers have been issued for this requirement. Call-ups will be allocated among all the Offerors in accordance with the processes described below within the specified monetary limitations. When accepted by Canada, each Call-up results in a separate contract between Canada and the Offeror.
8.2 Generation of Right of First Refusal List
The Offeror's rates per Category are attached at Annex "E" SO. Identified Users will use the Government of Canada's search engine to generate a right of first refusal list (List) for their requirement using the following search criteria: Regions, Metropolitan Areas, Security, Aboriginal Status, Category, Level of Expertise and number of resources. The List will rank Offerors meeting all the search criteria and possessing the necessary security clearance from the lowest cumulative price available for the requirement to the highest, in accordance with an offeror's per diem rates. The List will be available to the Identified User for Call-up issuance and may be revised over time to reflect changes in the status of any Offeror. The lowest cumulative price will be calculated by adding together all the rates per Category for the number of resources, at the Level of Expertise of the required Categories.
Example: (If no level of effort is stipulated, use one day)
Identified User Requires:
- 3.2: Project Manager: 1 resource at Level Senior
- 3.10 Technical Writer: 2 resources at Level Intermediate
- 2.6 Change Management Consultant: 3 resources at Level Junior
Highest Ranking Offeror's Response:
- 3.2: Project Manager: 1 resource at Level Senior @ $900 per day = $900
- 3.10 Technical Writer: 2 resources at Level Intermediate @ $400 per day = $800
- 2.6 Change Management Consultant: 3 resources at Level Junior @ $500 per day = $1500
- Total Per Diem Rate: $900 + $800 + $1500 = $3200 is the Lowest Cumulative Price
Second Highest Ranking Offeror's Response:
- 3.2: Project Manager: 1 resource at Level Senior @ $800 per day = $800
- 3.10 Technical Writer: 2 resources at Level Intermediate @ $375 per day = $750
- 2.6 Change Management Consultant 3 resources at Level Junior @ $600 per day = $1800
- Total Per Diem Rate: $800 + $750 + $1800 = $3350
8.3 Offeror Selection Methodology
Clients may direct a contract at or below $25,000 (Goods and Services Tax / Harmonized Sales Tax (GST/HST) included) to Offerors qualified in the applicable Category(ies) in accordance with the Government Contracts Regulations, irrespective of the ranking of Offerors on the List.
For contracts above $25,000 (GST/HST included), where the Identified User wishes to issue a Call-up under this series of standing offers it must issue an Availability Confirmation Form (ACF) as per the model at Annex "F" SO, to either
- the first ranked Offeror on the List, or
- up to a maximum of ten (10) at once of the highest ranked Offerors on the List (a Group Invitation). The Standing Offer Authority may increase or decrease the maximum number of Offerors permitted in any Group Invitation during the Standing Offer on thirty (30) days' notice in writing to all Offerors who received a Standing Offer.
If a Call-up is issued, it will be issued to the Offeror that meets the assessment criteria in the ACF and is the highest ranked Offeror on the List. An Offeror ranked lower on the List cannot be chosen where an Offeror ranked above it has not been invited to respond (no ranked Offeror may be skipped).
Amongst the Group Invitation Offerors, if the highest ranking Offeror is unable to meet the assessment criteria, the next highest ranked Offeror that responded that meets the criteria may be issued the Call-up. Where that Offeror is unable to meet the assessment criteria, the Call-up may be issued to the next highest ranking Group Invitation Offeror that meets the criteria, and this process of invitation may be repeated as required within the Offerors that responded to the ACF, in accordance with the rankings on the List, until a Call-up is issued. In the event of a tie in the results of an assessment within a Group Invitation, the Call-up may be issued to the Offeror of the Identified User's choice.
Where no Offeror responds, or no Offeror is issued a Call-up in accordance with the procedures outlined above due to none of them being able to meet the assessment criteria, the Identified User may issue a single ACF to the next highest ranked Offeror, or may issue another Group Invitation for the requirement to a group comprised of the highest ranked Offerors on the List who were not invited in the previous Group Invitation. This process may be repeated as described above, proceeding sequentially down the list of ranked Offerors (no ranked Offerors may be skipped), until the Call-up is made.
8.4 Contents of the Availability Confirmation Form
Each Availability Confirmation Form (ACF) will identify the requirements of the Identified User's requirement by describing the specific project, including:
- the Contract Period, including any options;
- the specific Category(ies), Level of Expertise, and the number of resource(s) required;
- the estimated level of effort required;
- a proposed basis of payment in accordance with the firm per diem rates attached at Annex E SO;
- the location where the required Services will be delivered;
- Travel and Living requirements (if applicable);
- the level of security clearance(s) required to carry out the required services;
- the contact information for the Identified User;
- the assessment criteria (Flexible Grid), which may include the specific areas of the Education, Certification and/or experience required;
- the particulars of the Statement of Work; and
- the response due date.
The terms and conditions set out in the ACF and Resulting Call-up Clauses that form part of this Standing Offer apply to the Call-up. Individual ACF Forms may require that the Services be performed in one or the other or both of Canada's Official Languages.
8.5 Response Requirements
In order to submit a response, the Offeror must complete Section C of the ACF. The Offeror will identify the resource(s) it is proposing to provide the Services. The Offeror must not submit a resume for the proposed resource(s). All qualifications (experience, education and certifications, if applicable) for the proposed resource(s) must be identified by the Offeror in Section C of the ACF. Offerors may respond in either official language, in accordance with the Official Languages Act and Regulations.
- Contents of Response: The response must be signed by the Offeror or by an authorized representative of the Offeror. Timely receipt and correct direction of the response is the sole responsibility of the Offeror. The response must include all information necessary to fulfill all the requirements specified in the ACF and clearly identify:
- the resource(s) proposed for the required Categories of and Level of Expertise required, identifying the proposed resource(s) qualifications (experience, education, certifications - as applicable) in accordance with Annex "A": Requirement; and
- information requested to satisfy the level of security clearance required to carry out the Services.
- Timing of Response: Offerors must provide the response to the Identified User within two working days of the ACF's issuance (or within a longer period if identified in the Form). Failure to provide a response within the specified time frame will be interpreted as being unable to perform the Services.
- Offeror Certification: By submitting and signing a response to an ACF, the Offeror certifies and warrants each of the following:
- Every individual proposed will be available to perform the Work starting at the time specified in the ACF or agreed to with the Identified User.
- If the Offeror has proposed any resource in fulfillment 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 fulfillment of the requirement and to submit such person's resume to the Identified User. During the assessment of the proposed resource, the Offeror must upon the request of the Identified User 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, the Offeror's response will be considered non-responsive.
- It meets the insurance requirements described in this Standing Offer (if applicable).
- Offeror Acknowledgment: By submitting and signing a response to an ACF, the Offeror acknowledges each of the following:
- The Identified User has the right but is not obliged to:
- seek clarification or verify any or all information provided by the Offeror with respect to the ACF, either independently or by making a request of the Offeror. Where requested the Offeror will respond to the clarification within two working days of a request by Canada or such longer period as is specified in writing;
- contact any or all of the references supplied, at the sole cost of the Offeror, to validate any information or data submitted by the Offeror. The reference will have a minimum of two working days or a longer period as specified in writing to provide the requested information to the Identified User. Wherever information provided by a reference differs from the information supplied by the Offeror, the information supplied by the reference will be the information taken as accurate.
In respect of (i) or (ii) above, if the Offeror does not provide the required information within the time limit requested, Canada may either allow additional time for the response, or consider the response not acceptable and proceed with the issuance of the ACF Form to another Offeror or Offerors in accordance with the Offeror Selection Methodology.
- Canada will not delay the issuance of any Call-up to allow Offerors to obtain the required security clearance. It is the responsibility of Offerors to ensure that all information required concerning the security clearance necessary to fulfill the Call-up is provided in its response to the ACF.
8.6 Assessment of Proposed Resources
The qualifications and experience of the proposed resource(s) will be assessed against the requirements set out in Annex "A": Requirement. 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, Canada may consider the response not acceptable and proceed with the issuance of the ACF to another Offeror or Offerors in accordance with the Offeror Selection Methodology.
Where the Offeror is requested to provide information regarding qualifications or experience of its proposed resources, Offerors should 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. The month(s) of experience listed for a project whose time frame overlaps that of another referenced project will only be counted once.
Where the Offeror is requested to provide information about the education or proof about the education of the proposed individual, the individual must have obtained its education from a recognized* Canadian university, or college or high school, or the equivalent as established by a recognized* Canadian academic credentials assessment service*, if obtained outside Canada.
*The list of recognized organizations can be found under the Canadian Information Centre for International Credentials website (www).
Where the Offeror is requested to provide proof of certification of the proposed resource, the Offeror must submit a copy of the certification received or proof that the resource have completed the certification program.
9. Call-up Instrument
The Work will be authorized or confirmed by the Identified User(s) using form PWGSC-TPSGC 942, Call-up Against a Standing Offer or electronic document.
10. Limitation of Call-ups
Individual call-ups against the Standing Offer must not exceed $250,000.00 (applicable taxes included). The Standing Offer Authority (or their delegated representatives) may authorize the issuance call-ups in excess of $250,000.
11. 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 call-up against the Standing Offer, including any annexes;
- the articles of the Standing Offer;
- the general conditions 2005 (2014-09-25), General Conditions - Standing Offers - Goods or Services;
- Annex "E": SO/SA Qualified Categories and Rates;
- Annex "A": Requirement;
- Annex "B": SO/SA - TSPS Generic Security Requirements Check Lists (SRCLs);
- Annex "F": SO - Availability Confirmation Form;
- Annex "D": SO/SA - Client Satisfaction Form;
- 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).
The continuous compliance with the certifications provided by the Offeror in its arrangement and the ongoing cooperation in providing associated information are conditions of issuance of the Standing Offer (SO) Certifications are subject to verification by Canada during the entire period of the SO and of any resulting contract 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 the offer is untrue, whether made knowingly or unknowingly, Canada has the right to terminate any resulting contract for default and suspend or cancel the Standing Offer.
13. Applicable Laws
The Standing Offer and any contract resulting from the Standing Offer 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 Standing Offer.
14. Confirmation of Qualification
14.1 The Offeror must continue to meet all the qualification requirements related to the Standing Offer during the entire period of the Standing Offer. Any certification provided by the Offeror must be true on the date of the issuance of the Standing Offer and remain true throughout the period of the Standing Offer. The Offeror must immediately notify the Standing Offer Authority if it no longer meets any of the qualification requirements of the Standing Offer.
14.2 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:
- suspend authority for the use of the Standing Offer 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 Standing Offer;
- suspend the Offeror's qualification under specific categories of the Standing Offer 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 Standing Offer for those categories;
- set aside the Standing Offer 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 recompeted.
15. Aboriginal Business Certification (if applicable)
- The Offeror 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 Offeror is accurate and complete.
- The Offeror must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The Offeror must not, without obtaining prior written consent of the Standing Offer Authority, dispose of any such records or documentation supporting the accuracy of the certification until the expiration of six years after final payment under the Contract, or until settlement of all outstanding claims and disputes, resulting from a dispute under the Contract, 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 Offeror 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.
16. Delivery Requirements Outside a Comprehensive Land Claims Settlement Area
The Standing Offer 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 the Department of Public Works and Government Services for individual processing.
17. 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, Suppliers should:
- 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 sustainably managed forest.
- Recycle unneeded printed documents (in accordance with Security 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 PWGSC 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: Accommodation - 30 days or less.
- Use of public/green transit where feasible.
18. 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 Standing Offer 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 the following CPSS link: Standing Offer Travel and Living Information.
19. Regions and Metropolitan Areas
The document titled "Definitions of the National Zone, Regions and Metropolitan Areas" at the following link are incorporated by reference into this standing offer, with the exception that for the purposes of this standing offer, the National Zone is to be considered another Region.
Definitions of the National Zone, Regions and Metropolitan Areas
|Montreal, Quebec City
|Calgary, Edmonton, Saskatoon, Winnipeg
|National Capital Region
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