Task-based Informatics Professional Services (TBIPS)

• Table of Contents

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 a bid solicitation is issued are eligible to be invited to bid.

C.1 Supply Arrangement

This Supply Arrangement covers the Services available for purchase that are defined under Annex "B" to this Supply Arrangement. The Annex "C" to this SA defines the Categories and ceiling per diem rates for which this SA Holder is considered "Active."

Tasked Based Informatics Professional Services "TBIPS" are Services related to a particular activity or initiative that are required to address a specific Information Technology (IT) need, which are usually associated with a specified set of responsibilities. The tasks involved are finite work assignments which require one or more consultants to complete. A task involves a specific start date, a specific end date, and set deliverables. Tasks are usually not large projects, although they may be subsets of a larger project. Tasks may require highly specialized work to be performed requiring a rare or unique skill or knowledge for a short period of time.

C.2 Security Requirement

1. 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 a 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.
2. Requirements to be procured under this Supply Arrangement may be subject to security requirements as specified in each individual bid solicitation. Various pre-approved Security Requirement Check Lists (SRCL) are attached as Annex "A" to this Supply Arrangement and are available for use by the Client. Each bid solicitation will identify which SRCL will apply to any resulting contract.
3. 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.
4. For any given contract, the highest level of corporate security attainable by a joint venture Offeror 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.

C.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 Manual issued by Public Works and Government Services Canada (PWGSC).

General Conditions

2020 (2010-01-11) General Conditions, Supply Arrangement - Goods or Services, apply to and form part of the Supply Arrangement, with section 3(e) revised as follows:

3(e) neither the Supply Arrangement nor any bid in response to a bid solicitation issued in accordance with it can be assigned or transferred in whole or in part.

C.4 Supply Arrangement Reporting

The Supplier must compile and maintain records on its provision of informatics professional services 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. The Quarterly periods are defined as follows:

• Q1: April 1 to June 30 due July 10^th
• Q2: July 1 to September 30 due October 10^th
• Q3: October 1 to December 31 due January 10^th
• Q4: January 1 to March 31 due April 10^th

Electronic reports must be completed and forwarded to the Supply Arrangement Authority no later than 10 calendar days after the end of the Quarter. An electronic version of the form in Excel spreadsheet format will be provided to the Offeror electronically by the Supply Arrangement Authority. Each QUR must be submitted using the electronic template available for download from the TBIPS website (see Annex "D" to Part B for a sample QUR). A separate row of the spreadsheet is to be used for each category contained within the Contract with all columns of the template being filled where applicable.

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 email address: RapportsMDAI.IMOSReports@tpsgc-pwgsc.gc.ca with the email subject line of: <SA Holder's Name>TBIPS 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.

C.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 start date, as defined on page one of this SA.

C.6 Authorities For Canada

1. Contracting Authority: The Contracting Authority permitted to requisition services in accordance with this Supply Arrangement under any resulting contract will be the PWGSC Procurement Representativedesignated to 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.

2. 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: Réal Benoit
   Title: Manager
   Public Works and Government Services Canada
   Acquisitions Branch
   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
   Fax: 819-956-7827
   Email: rcnmdai.-ncrimos@tpsgc-pwgsc.gc.ca

3. The Supplier acknowledges that Project Authorities are without authority to vary or amend the terms or the scope of this Supply Arrangement.

C.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.

Name:
Telephone:
Facsimile:
Address:
Email:

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.

[Note to SA Holder: This information is as per your proposal and is available to Clients via the TBIPS website].

C.8 Clients

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.

C.9 Ongoing Opportunity for Qualifications

A request for Supply Arrangements will be issued in accordance with the process set out in Part A of the RFSO/RFSA to allow new suppliers to become qualified and existing Holders to refresh their Supply Arrangment(s). During such process, all bidders must submit the documentation specified in Part A of the RFSO/RFSA.

C.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.

1. The articles of the Supply Arrangement;
2. The General Conditions 2020 (2010-01-11), General Conditions - Supply Arrangement - Goods or Services
3. Annexes A, B, C, E, F, and D of this SA in that order; and
4. The Supplier's proposal received in response to this RFSA.

C.11 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.

C.12 Continuing Qualification of Supply Arrangement

1. As identified in General Conditions 2020 06 (2010-01-11), PWGSC may require a Supplier to confirm its qualification at any time. For example, the SA Authority may require a Supplier to provide evidence that:
   1. the insurance it carries continues to meet the requirements of RFSA EN578-055605/D; or
   2. it continues to hold the necessary security clearance; or
   3. it continues to meet the financial viability provisionsas stated in the RFSA; or
   4. it continues to have the technical ability and experience required to deliver the Services for which it is qualified; or
   5. the Joint Venture membership remains as stated in this Supply Arrangement.
2. Where the Supplier no longer meets any of the individual requirements for qualification, or within 10 working days of a request by the Supply Arrangement Authority is unwilling or unable to provide evidence acceptable to the SA Authority that it continues to meet any such requirement, Canada may, at its option, in addition to the options listed in General Conditions 2020 06 02 (2010-01-11):
   1. suspend the Supply Arrangement in its entirety or the Supplier's qualification under specific Regions and/or Tiers of this Supply Arrangement until the Supplier has demonstrated, to the satisfaction of Canada, that it meets the requirements in respect of which it has been found deficient. During suspension time, the Supplier will not be eligible to bid on bid solicitations issued under the Supply Arrangement or for those Regions and/or Tiers; or
   2. cancel the Supply Arrangement in its entirety or the Supplier's qualification for specific Regions and/or Tiers of this Supply Arrangement.
3. The circumstances for suspension or cancellation identified in General Conditions 2020 09 01 (2010-01-11) are augmented to include the following:
   1. 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;
   2. Canada has documented at least two instances of poor performance under contracts awarded against the Supply Arrangement. An instance of poor performance may include, but is not limited to, late or failed delivery of reports or services including the required number of skilled resources, lack of timely notification given to the PWGSC Supply Arrangement Authority of changes in the Supplier's Authorized Representative, insurance coverage or security status, or non-compliance with invoicing procedures;
   3. 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;
   4. Canada has documented at least three instances under contracts awarded against the SA where, when required to submit resources under a tasking request, the Supplier did not respond, did not submit the required number of resources, submitted resources that did not meet the requirements of the contract, or submitted resources at pricing exceeding the amount specified under the contract;
   5. 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.
4. 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.

C.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 in response to the RFSA.

C.14 Bid Solicitation

1. Bid Solicitation Documents:

   Canada will use the bid solicitation template 2T-HIGH1 available in the Standard Acquisition Clauses and Conditions Manual, as the basis for issuing bid solicitations under this Supply Arrangement and as provided in Annex "E". Each bid solicitation will contain as a minimum the following:

   1. security requirements (if applicable);
   2. a complete description of the Work to be performed;
   3. 2003, Standard Instructions - Goods or Services - Competitive Requirements;
   4. bid preparation instructions;
   5. instructions for the submission of bids (address for submission of bids, bid closing date and time);
   6. evaluation procedures and basis of selection;
   7. financial viability (if applicable), and
   8. certifications.
2. Bid Solicitation Process

   Bids will be solicited for specific requirements within the scope of the Supply Arrangement (SA) from Suppliers who have been issued a SA.

   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. Proposals may include lower per diem rates than those set out in the Supply Arrangement. For the first year of any contract resulting from a RFP against this SA, the firm per diem rates for each relevant resource of the resulting contract must not exceed the current ceiling per diem rates specified in Annec C - Schedule of Per Diem Rates, as of the initial contract award date.

   The Contracting Authority may consolidate requirements across Clients and award contracts on a periodic basis to receive best or better pricing on services.

   1. 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. All Tier 2 contracts and those contracts for Clients without authority to contract under Tier 1, will be managed by PWGSC. 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.

      Tier 1
      Requirement Value (GST/HST included): Requirements up to and including $2M
      Contracting Authority: Identified Users / PWGSC

      Tier 2
      Requirement Value (GST/HST included): Requirements greater than $2M
      Contracting Authority: PWGSC

   2. Tier 1 Requirement Limitations: Clients may allocate work and award contracts to SA Holders in the active Category of Personnel only in accordance with the following:
      1. Requirement valued at or below NAFTA Threshold: Clients are encouraged to use the Professional Services (PS) On-line application for these requirements.
      2. Tier 1 Invitation of SA Holders: Clients may issue a contract to an SA Holder that satisfies the requirement particulars as set out in the bid solicitation in accordance with the following:
         • Up to and including $1M: A minimum of three active SA Holders must be invited to submit a proposal including one of the three SA Holders offering the lowest per diem rate, and two random SA Holders.
         • Greater than $1M up to and including $2M - A minimum of five active SA Holders must be invited to submit a proposal, including two of the three SA Holders offering the lowest per diem rate and three random SA Holders.

         For all Tier 1 requirements, the SA Authority will select the random SA Holders. There is no limit to the maximum number of SA Holders that may be invited to submit a proposal under Tier 1 however SA Holders may not submit a proposal in response to an RFP unless they have been invited to do so (excluding requirements where multiple contracts may be issued).

      3. Category of Personnel not offered under Tier 1: For Tier 1 requirements where no Supply Arrangement for a specific Category of Personnel and/or Level of Expertise exists, where a Tier 2 Supply Arrangement exists for that Category of Personnel and Level of Expertise, PWGSC may act as the Contracting Authority and invite qualified Tier 2 SA Holders to submit a proposal in accordance with paragraph (b) (ii) above.
      4. Minimum Period to submit proposal: At a minimum, each Tier 1 bid solicitation raised against this SA will provide SA Holders with the following minimum number of calendar days to submit their proposal:
         • Requirements less than or equal to $250K = five calendar days;
         • Requirements greater than $250K up to and including $1M = ten calendar days; and
         • Requirements greater than $1M up to and including $2M = twenty calendar days.

         The above time limits may be extended based on the complexity of the Client's requirement.

   3. Tier 2 Requirements: Tier 2 requirements will be managed by a PWGSC Procurement Representative, on behalf of the Client in accordance with the following:
      1. 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.
      2. 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 calendar days to submit their proposal. The minimum period to submit a proposal may be extended based on the complexity of the requirement.
   4. Multiple contracts to be awarded (Tier 1 or Tier 2):

      Where a bid solicitation may result in multiple contracts, all SA Holders qualified in each relevant Category of Personnel, 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.

C.15 Aboriginal Business

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.

C.16 Supplier Specific Information

[Note to suppliers: The Supplier Specific Information will include the information provided in the "Offeror Profile" submitted in response to Annex "A" to Part A of the RFSA, or as amended by the SO Holder. Such information will be available to Clients through the TBIPS website.]