Table of Contents
Supply Arrangement – SBIPS EN537-05IT01
The following clauses apply to and form part of any Supply Arrangement resulting from the RFSA. Only Suppliers who are qualified and "Active" SA Holders at the time of a bid solicitation is issued are eligible to be invited to that bid.
B.1 Supply Arrangement
A Solutions-Based Informatics Professional Services (SBIPS) solution(project):
- is meant to produce a self standing outcome-driven result. Such result does not require any further work and could be used as a reference for future requirements, phases or projects.
- comprises mainly of IT services and, in certain situations, essential goods, whereby a Supplier delivers a complete solution to a requirement, phase or project, manages the overall requirement, phase or project and accepts responsibility/risk for the outcome.
- may comprise of consulting services which are typically team based and deliverable focused, involving advisory work, and thought leadership, innovation or strategy. SBIPS may include methodologies and processes that may be required to manage the project (including Project Management, Contract Management, Quality Management, Risk Management and Solution Development or any other established and recognized methodologies).
- may include various business models depending upon the requirement. It may include end-to-end project work where the Supplier is requested to devise a solution to a business problem in which case there may be a proof of concept; or a requirement where there is a business problem and a Supplier comes forward with a methodology, an approach or an already established solution as well as the requisite expertise to enable the Supplier to leverage the value of its methodology and/or approach to deliver the solution.
The SA Holder acknowledges that:
- This Supply Arrangement (SA) is an arrangement between Canada, as represented by the Minister of Public Works and Government Services Canada, and the Supply Arrangement Holder indicated on Page one of this Supply Arrangement to provide Solutions-Based Informatics Professional Services (SBIPS) (the "Services") under this Supply Arrangement in accordance with its terms.
- Canada may award contracts to more than one SA Holder as part of the same procurement action under the SA;
- This SA is not a contract for the provision of goods or services and neither party is legally bound as a result of the signing of this SA. The intent of this SA is to establish a procurement framework with the SA Holder to permit the expeditious processing of legally binding contracts for the purchase of goods and/or services that will be specified in individual solicitations that fall within the scope of this SA. No obligation to perform any work arises from the issuance of this SA.
The Supply Arrangement covers the SBIPS available for purchase that are defined under Annex “B” to this Supply Arrangement. The Annex "C" to this SA defines the Domains of expertise and Regions which this SA Holder is considered "Active".
- Such SBIPS will be published in a Supply Arrangement Catalogue as set out below in the Article "Publication of Supply Arrangement Catalogue".
- From time to time, PWGSC may amend the requirements associated with any given Domain or may add Domains; however, only SBIPS identified in Annex “C” to the SBIPS Supply Arrangement on the date an RFP is issued may be provided under that solicitation, without variation or substitution.
- If Canada adds a new Domain, SA Holders who wish to qualify for the new Domain may submit a proposal at any time, as per the RFSA Schedule, to qualify for that Domain. Upon successful qualification, that Domain will simply be added to the SA Holder's existing Supply Arrangement.
- If Canada revises the requirements associated with a Domain, the associated qualification process may be different for existing SA Holders than for new suppliers, in that existing SA Holders may be required only to qualify in respect of the modifications.
B.2 Security Requirement
- The Supplier must hold, at minimum, a valid Designated Organization Screening (DOS) issued by the Canadian Industrial Security Directorate (CISD) in order to become and remain an SA Holder. The Supply Arrangement Authority may verify the Supplier's security clearance with CISD of PWGSC at any time during the period of the Supply Arrangement.
- The requirements to be procured under this Supply Arrangement may be subject to security requirements as specified in each individual bid solicitation. Thirty-one pre-approved Common Professional Services Security Requirement Check Lists (SRCL) and clauses which PWGSC anticipates will satisfy most security requirements, may be used for requirements under this SBIPS Supply Arrangement and are available for use by the Client. Each bid solicitation will identify and define which SRCL will apply to the RFP and any resulting contract. The list of pre-approved SRCLs is located on the CPSS Website:
- These generic SRCLs may not meet the needs of some Clients for some requirements. In such cases, a unique SRCL fully describing the security requirements will be included in the documentation associated with that individual requirement.
- For any given contract, the highest level of corporate security attainable by a joint venture Supplier through CISD of PWGSC is the lowest level held by any single member of the joint venture at the time of bid solicitation issuance. 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) level. The highest corporate security level for which the joint venture would be considered under this SA framework would be DOS until such time as the member holding a valid DOS clearance has requested sponsorship via the Supply Arrangement Authority and obtained a valid FSC at the Secret level, as issued by CISD.
- Additional Security checks may be conducted by the identified User/Client.
B.3 Standard Instructions, 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 (SACC) Manual issued by Public Works and Government Services Canada (PWGSC).
2020 (2012-11-19) General Conditions, Supply Arrangement - Goods or Services, apply to and form part of the Supply Arrangement.
B.4 Supply Arrangement Reporting
The Supplier must compile and maintain records on its provision of solution-based professsional services including any goods provided to support these professional services to the federal government under contract 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.
These submissions must be made by completing and forwarding an electronic copy of the Quarterly Usage Report (in Excel format) to the Supply Arrangement Authority:
- to the following e-mail address: RapportsMDAI.IMOSReports@tpsgc-pwgsc.gc.ca
- With the e-mail subject line of: <SA Holder's Name>SBIPS Quarterly Usage Report<Q_ 20__>.
The Quarterly periods are defined as follows:
||April 1 to June 30
||July 1 to September 30
||October 1 to December 31
||January 1 to March 31
Electronic reports must be completed and forwarded to the Supply Arrangement Authority no later than 10 calendar days after the end of the Quarter. Each QUR must be submitted using the electronic template available for download from the SBIPS website (see Annex "D" to the SBIPS Supply Arrangement for a sample QUR).
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 services are provided during a given period, the Supplier must still provide a "NIL" report. These submissions must be made by completing and forwarding an electronic copy of the QUR (in Excel format) to the Supply Arrangement Authority at the following e-mail address: RapportsMDAI.IMOSReports@tpsgc-pwgsc.gc.ca with the e-mail subject line of: <SA Holder's Name>SBIPS Quarterly Usage Report<Q_ 20__>.
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 Supplier from the list of qualified suppliers and the application of a vendor performance corrective measure.
B.5 Term of 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 use it. The period for awarding contracts under the Supply Arrangement begins upon the Supply Arrangement effective date.
B.6 Authorities for Canada
- Contracting Authority: The Contracting Authority permitted to requisition services in accordance with this Supply Arrangement under any resulting contract will be the PWGSC Procurement Representative, designatedto act on behalf of a Client, or the Client’s Procurement Representative.
All matters pertaining to the administration of, amendments to, or changes in the terms of the contract will be referred to the Contracting Authority. Any changes to the requirement during the life of the contract must be authorized, in writing, by the Contracting Authority. No work is to be performed in excess of or outside the scope of the requirement based on instruction from any government personnel other than the Contracting Authority.
- Supply Arrangement Authority: The Supply Arrangement Authority identified below, or an authorized representative, is responsible for all matters pertaining to the administration of this Supply Arrangement by Canada, which include authorization of any changes to this Supply Arrangement, interpretation of the provisions of this Supply Arrangement as they apply to contracts issued against the Supply Arrangement and the issuance of all notices that relate to this Supply Arrangement. Any changes to the Supply Arrangement must be authorized in writing by the Supply Arrangement Authority.
Name: Rebecca Toman
Title: Supply Specialist
Public Works and Government Services Canada
Informatics Methods of Supply
Address: Place du Portage, Phase III, 0A1
11 Laurier Street, Gatineau, Québec, K1A 0S5
Telephone: 866-930-4667 or 819-934-4667
- The Supplier acknowledges that Contracting Authorities are without authority to vary or amend the terms or the scope of this Supply Arrangement.
B.7 Supplier Representative(s)
This individual is the central point of contact within the Supplier for all matters pertaining to this Supply Arrangement. The Supplier confirms that this individual has the authority to bind the Supplier. It is the Supplier’s sole responsibility to ensure that the information related to the Supplier Representative is correct and to inform the SA Authority of any change to it.
- [The SA Holder-Specific Information will include the information provided in the "Offeror Profile" submitted in responseto Annex“A” to Part A of the RFSA, or, as amended by the SAHolder. Such information will be available to Clients through the SBIPS website.]
The Supplier’s Representative may delegate to another individual to represent the Supplier for administrative and technical purposes under any contract issued pursuant to this Supply Arrangement.
Any reference to "Client(s)" includes any Government Department, Departmental Corporation or Agency, or other Crown entity described in the Financial Administration Act (as amended from time to time), 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.
B.9 Ongoing Opportunity for Qualifications
A Request for Supply Arrangement will be issued in accordance with the process set out in Part A of the RFSA to allow new suppliers to become qualified. Existing qualified suppliers who have been issued a Supply Arrangement will not be required to submit a new proposal, but will be required to confirm their existing arrangement.
B.10 Priority of Documents
If there is a discrepancy between the wording of any documents that appear on the list of documents below, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears.
- The articles of the Supply Arrangement;
- The General Conditions 2020 (2012-11-19), General Conditions -Supply Arrangement - Goods or Services
- Annexes A, B, C, E, F and D of this SA in that order; and
- The Supplier’s response received against the SBIPS RFSA.
- 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.
- the SA Holder (and its members as applicable) must continue to meet all the qualification requirements described in RFSA EN537-05IT01/G while it holds a Supply Arrangement.
- the SA Holder (and its members or subcontractors, as applicable) not publish or make available any promotional/marketing literature associated in any way with this Supply Arrangement without the prior approval of the SA Authority;
- all certifications provided by the Supplier must be true on the date of the issuance of the Supply Arrangement and remain true throughout the Supply Arrangement Period (the SA Holder acknowledges that Canada is entitled to verify these certifications throughout the Supply Arrangement Period); and
- the SA Holder must obtain and maintain all permits, licences and certificates of approval required by any applicable federal, provincial or municipal legislation that are required to perform any resulting Contracts and pay any charges imposed by such legislation or regulations. Upon request, the SA Holder must provide a copy of any such permit, licence, or certificate to the Contracting Authority.
- Canada may verify compliance with these conditions at any time during the Supply Arrangement and failure to meet any of these conditions constitutes grounds for setting aside authority to use this Supply Arrangement.
B.12 Continuing Qualification of Supply Arrangement
- The SA Holder must immediately notify the SA Authority if it no longer meets any of the mandatory qualification requirements of this Supply Arrangement.
- The circumstances for suspension or cancellation identified in General Conditions 2020 (2012-11-19) are augmented to include the following:
- Distribution or publication of advertising, including information included in company websites, which might be interpreted as suggesting that unauthorized services are available under the Supply Arrangement;
- Canada has documented at least three instances where the Supplier refused to propose resources for a RFP issued under the SA framework for which the Supplier has been qualified;
- Canada has documented at least three occasions of poor client satisfaction by the same Client, or, at least five occasions of poor client satisfaction by any Client, for Services provided by the Supplier under contracts.
- The Supplier acknowledges that Canada may publish information regarding the status of the Supplier's Arrangement, including the suspension or withdrawal of authority to use the Supply Arrangement.
B.13 Applicable Laws
The Supply Arrangement and any contract resulting from the Supply Arrangement must be interpreted and governed and the relations between the parties determined, by the laws in force in the province of Ontario unless otherwise stipulated in the supplier's proposal response to the RFSA.
B.14 Bid Solicitation
- Bid Solicitation Documents:
Canada will use the bid solicitation template 2T-HIGH1 available in the Standard Acquisition Clauses and Conditions (SACC) Manual, as the basis for issuing bid solicitations under this Supply Arrangement and as provided in Annex "E" to of the Supply Arrangement. Each bid solicitation will contain as a minimum the following:
- security requirements (if applicable);
- a complete description of the Work to be performed;
- 2003, 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;
- financial capability (if aplicable); and
- 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.
The bid solicitation will be posted on the Government Electronic Tendering Service (GETS) or will be sent directly to suppliers depending on the selection methodologies described in this SA. The Contracting Authority may consolidate requirements across Client and award contracts on a periodic basis to receive best or better pricing on services.
The following process for contracting will be followed under the Supply Arrangement framework:
Request for Proposal (RFP): Bids will be solicited for specific requirements within the scope of the Supply Arrangement (SA) from Suppliers who have been issued a SA.
The bid solicitation will be posted by the PWGSC Contracting Authority or the Client, on the Government Electronic Tendering Service (GETS) or will be sent directly to suppliers depending on the selection methodologies described in this SA.
Individual solicitations may be issued to SA Holders under the SBIPS SAs on an as-and-when required basis via GETS (or as applicable via a GoC web-based electronic procurement tool) by the PWGSC Contracting Authority or the Client.
- RFP Content: Individual solicitations will be based on the requirements of the Client for whom the Services will be performed, and will describe the requirements of a specific project, including the appropriate Domain of Expertise, Tier and Region. The award of the Contract may be made by assessing requirements and corporate or resource qualifications such as insurance coverage, security level, individual consultant experience. All such requirements will be further described in each individual RFP.
- Proposal Submission: The selected SA Holders will be invited to submit a proposal via the GoC electronic procurement tool (or to the Contracting Authority as instructed in the SBIPS SA RFP, until such time as the electronic procurement tool is available). Based on the templates provided, the proposal may include electronic response templates for mandatory, rated and/or financial criteria, and mandatory certifications.
Only suppliers who are SA Holders at the time individual solicitations are issued are eligible to compete (i.e., suppliers to whom a Supply Arrangement has already been issued). In addition to being a SA Holder, in order to submit a proposal, a SA Holder must:
- Be qualified in each Tier and Region and for the Domain of Expertise that are the subject of the solicitation, unless otherwise stated in the solicitation, at the time the solicitation is issued; and
- Have the required security clearance level at the time the solicitation is issued.
- Evaluation of the Proposal: The Client will evaluate the qualifications and experience of the SA Holder against the requirements set out in the SBIPS SA RFP and as represented in the SA Holders proposal.
- Evaluation of Price and Basis of Selection: The SA Holders price will be evaluated in accordance with the requirements as set out in the SBIPS RFP and as presented in the SA Holders Financial Proposal. Identification of the recommended SA Holder will be determined through the selection method identified in the SBIPS SA RFP. Canada reserves the right to evaluate individual solicitations issued under the SA framework on the basis of:
- the lowest priced compliant bid;
- point rated criteria which consider technical merit and price; or
- some other evaluation method to be defined in the applicable SBIPS SA RFP.
- Issuance of Contracts: In accordance with the method of selection stated in the SBIPS SA RFP, a Contract will be issued by the Contracting Authority to authorize the SA Holder to proceed with the Services. The SA Holder will not undertake any of the specified Services unless and until a Contract is authorized by the Contracting Authority. The SA Holder must sign and return a copy of the Contract to the Contracting Authority. It is understood and agreed that the SA Holder must not commence any Services until authorized by the Contracting Authority.
- Identification of Contract Authorities:
Provided a Client has the legal authority to contract, it may choose to award contracts under this Supply Arrangement in accordance with the Tier 1 Contract Limitations described below. Contracts for Clients without authority to contract under Tier 1 will be managed by PWGSC. Tier 2 contracts will be managed by PWGSC or Shared Services Canada (SSC). The SA Holder agrees only to perform individual contracts made by an authorized representative of Canada pursuant to this Supply Arrangement that do not exceed the applicable Contract Limitations.
||Requirement Value (GST/HST included)
||Requirements up to and including $2M
||Requirements greater than $2M
- Tier 1 Requirement Limitations: Clients may allocate work and award contracts to SA Holders in the relevant Domain and Region in accordance with the following:
- Requirement valued at or below NAFTA Threshold: Client are encouraged to use the Professional Services (PS) On-line application for these requirements.
- Tier 1 Invitation of SA Holders: Client may issue a contract to an SA Holder that best satisfies all the requirement particulars as set out in the bid solicitation in accordance with the following:
- Up to and including $1M: A minimum of five (5) SA Holders must be invited to submit a proposal in response to a SBIPS SA RFP. Of the invited SA Holders, two (2) must be randomly selected.
- Greater than $1M up to and including $2M: A minimum of seven (7) SA Holders must be invited to submit a proposal in response to a SBIPS SA RFP. Of the invited SA Holders, four (4) must be randomly selected.
A search tool through the Centralized Professional Services Website will be used by Clients to determine the list of suppliers invited to a requirement. There is no limit to the maximum number of SA Holders that may be invited to submit a proposal under Tier 1.
- Minimum Period to submit proposal: As a minimum, each Tier 1 SBIPS SA RFP issued under this SA framework shall provide SA Holders with a minimum of ten (10) calendar days to submit their proposal. The time limit for bidding may be extended based upon the complexity of the requirement.
- Each Tier 1 SBIPS SA RFP will be sent directly to the invited suppliers with a notice of proposed procurement posted on the Government Electronic Tendering Service (GETS), along with the names of the qualified SA Holders that have been invited to submit a proposal,until such time as GOC Web-Based electronic procurement tool is available.
- The invited suppliers list for each SBIPS SA RFP is final at the release of the RFP. No additional suppliers will be added to the list of invited suppliers once the RFP has been released.
- Tier 2 Requirements: Tier 2 requirements will be managed by a PWGSC Procurement Representative on behalf of the Client, or SSC acting on its own behalf, in accordance with the following:
- Tier 2 Invitation of SA Holders: All Tier 2 requirements will be posted on the Government Electronic Tendering System (GETS) only. It will be the responsibility of all Tier 2 SA Holders to access GETS on a continuous basis to ensure they are kept informed of the various Tier 2 requirements available for which they have been qualified to submit bids. All associated documents (Request for Proposal / Statement of Work, etc) will be available for download from GETS.
- Minimum Period to submit proposal: As a minimum, each Tier 2 bid solicitation raised against this SA will provide Suppliers with a minimum of twenty (20) calendar days to submit their proposal. The minimum period to submit a proposal may be extended based on the complexity of the requirement.
- Multiple contracts to be awarded (Tier 1 or Tier 2):
Where a bid solicitation may result in multiple contracts, all SA Holders qualified in the relevant Domain, Level and Region will be invited either directly or via the Government Electronic Tendering Service (GETS) to submit a proposal. It will be the responsibility of all SA Holders to access GETS on a continuous basis to ensure they are kept informed of the various requirements available for which they have been qualified to submit bids. All associated documents (Request for Proposal / Statement of Work, etc) will be available for download from GETS.
B.15 Aboriginal Business (If Applicable)
The Supplier represents and warrants that it meets and will continue to meet throughout the duration of the Supply Arrangement, the eligibility requirements established by the Department of Indian and Northern Affairs for the Procurement Strategy for Aboriginal Business (PSAB) and that all the information it provided in its proposal that resulted in the issuance of this Supply Arrangement is correct and that it will immediately advise the Supply Arrangement Authority of any change in this information.
The Supplier also agrees to ensure that any subcontractor it engages with respect to any contract awarded under this Supply Arrangement, if required, satisfies the PSAB eligibility requirements.
The Supplier agrees to provide to Canada, immediately upon request, information to substantiate its compliance or its subcontractor's compliance with the eligibility requirements.
The Supplier agrees to immediately furnish to Canada such evidence as may be requested by Canada from time to time, corroborating its eligibility. Such evidence will be open to audit during normal business hours by a representative of Canada, who may make copies and take extracts from the evidence. The Supplier agrees to provide all facilities for audits and to furnish information requested by Canada with respect to its eligibility.
Not complying with the requirements of the Program or failing to produce satisfactory evidence to Canada regarding the requirements of the Program may result in disqualification of the Supplier from participating in future contracts under the Program and/or termination of any contract awarded pursuant to the Supply Arrangement. In the event that a contract is terminated because of an untrue statement or non-compliance with the requirements of the Program, Canada may engage another contractor to complete the performance of the contract and any additional costs incurred by Canada will, upon the request of Canada, be borne by the Supplier.
Note to Offerors: This clause will only be included in Aboriginal Supply Arrangements.