Request for proposal and contract template under Competitive Method Two

Note 1

This page includes input fields and, when completed, can be printed in its entirety. However, please be aware that this page will not retain information within its fields beyond your current browsing session.

Federal department users of Temporary Help Services (THS) are to complete Part A, B, C, and D of this document, along with the annexes. Suppliers are to complete Part E of this document.

Please remember that considering accessibility criteria and features within your requirement is now obligatory. For additional information, please consult the Treasury Board Contracting Policy or visit the THS website.

Remember to delete all Remark to clients and everything above the title below before issuance.

On this page

Request for proposal under Competitive Method two against the temporary help services method of supply

Part A: General information

The terms and conditions set out in Public Works and Government Services Canada (PWGSC) Supply Arrangement EN578-172870 between the Supply Arrangement (SA) holder and Canada, as represented by the Minister of PWGSC, are hereby incorporated into this document. The SA holder offers and agrees to sell and supply to the Minister, upon the terms and conditions set out herein, including the attachments hereto, the services listed herein and on any attached sheets at the price(s) set out therefore. Responses to a RFP by an SA holder will be considered as an offer to sell. 2003, Standard Instructions—Goods or Services – Competitive Requirements (2020-05-28) are incorporated into this document by reference.

1. Bid response due date and time

A "Bidder's response form" is included in Part E of this document.

2. Invitation to bid

This requirement is open to the following selected SA holders:

Note 2

Client departments must insert the SA holders list generated by the Centralized Proessional Services System (CPSS) ePortal search module. Insert sufficient additional row(s).

The name and co-ordinates of the Contracting Authority can be found in Part D: Resulting Contract Clauses.

Part B: Requirement

1. Statement of work

The work to be undertaken is indicated below and in the statement of work at Annex "A".

2. Estimated contract period

3. Classification of personnel required

The following table is to identify to the supplier what the requirement is, by providing the stream and category; level of expertise; number resources required; bilingual (yes or no); and the estimated number of hours per resource.

Note 3

Insert or remove rows as required. Remember to mirror all resource information below into the pricing grid in Part E: Bidder response form

Resource(s) required
Resource reference no. Category of resource Needed level of expertise Number of resources required Must the resource be bilingual (Y/N) Estimated number of hours per resource Add/Remove resources

4. Work location

5. Travel requirements

Are there any travel requirements expected in the resulting contract?

6. Security requirement

Is there a security requirement in this contract?

The security requirement is detailed in Part D: Resulting contract clauses.

7. Accessibility Standards (Delete this section if not applicable)

Note 4

[REMARKS TO CLIENTS: As of October 11, 2019, it is mandatory to consider including accessibility criteria in procurement requirements for goods or services, in accordance with subsections 4.2.26 and 4.2.27 of the Treasury Board (TB) Contracting Policy. If after meaningful consideration, it is determined by the Technical Authority that it is not appropriate to include accessibility criteria as part of the requirement, the Technical Authority must provide a clear justification to the procurement officer/buyer as to why accessibility was not included in their procurement. The procurement officer/buyer must then ensure that the justification is kept on file for that procurement. Clients can use the form named "Accessibility Form – Record of decision" available on the THS website to file the justification on whether accessibility criteria are required]

In accordance with the Treasury Board Contracting Policy and the Accessible Canada Act, federal departments and agencies must consider accessibility criteria and features when procuring goods or services.

Therefore, bidders are encouraged to highlight all the accessibility features and components of their proposal for this requirement, when applicable.

This requirement includes accessibility features or criteria. Bidders must:

  • demonstrate how the proposed goods and/or services meet the accessibility requirement at delivery
  • describe how it would deliver the proposed goods and/or services under any resulting contract in a way that satisfies the accessibility criteria.

8. Use of individual protective equipment and Occupational Health and Safety (OHS) guideline(s)

Remarks to client

In order to help bidders to properly price the service to be provided, PSPC recommend to its clients using the THS Method of Supply (MoS) to identify which type of individual protective equipment the supplier should/must provide to its resources in order to allow them to physically work in a government office, as well as a copy of the latest Occupational Health and Safety guideline in use at the location of work.

Client to select one of the two options below:

8.1 No individual protective piece of equipment required while working on site.

8.1 The following individual protective piece(s) of equipment is/are required while working on site:

It is the Bidder's responsibility to include the cost associated with the provision of personal protective equipment for its resources in their all-inclusive hourly rates for the duration of the Contract.

Part C: Basis of selection

1. Basis of selection method

Select one basis of selection from the two options below and delete the other:
Lowest price responsive

To be declared responsive, a bid must:

  1. comply with all the requirements of the RFS
  2. meet all minimum mandatory criteria for the THS category/ies identified in Part B; and
  3. meet all the mandatory technical evaluation criteria identified, if any are specified in an included Annex C

Bids not meeting (i) or (ii) or (iii) will be declared non-responsive. Review the minimum mandatory criteria for THS categories.

The responsive bid with the lowest total evaluated price will be selected for award of a contract.

Lowest price per point

To be declared responsive, a bid must:

  1. comply with all the requirements of the RFS
  2. meet all minimum mandatory criteria for the THS category/ies identified in Part B; and
  3. obtain the required minimum numbers of points specified in the point rated technical evaluation identified in Annex C

Bids not meeting (i) or (ii) or (iii) will be declared non-responsive. Review the minimum mandatory criteria for THS categories.

The responsive bid with the lowest evaluated price per point for the applicable resource will be selected for award of a contract for that resource.

Highest combined rating of technical merit and price

To be declared responsive, a bid must:

  1. comply with all the requirements of the RFS
  2. meet all mandatory technical evaluation criteria for the resource; and
  3. obtain the required minimum numbers of points specified in Annex C

Bids not meeting (i) or (ii) or (iii) will be declared non-responsive.

  1. The selection will be based on the highest responsive combined rating of technical merit and price. The ratio will be (insert the percentage for technical merit)% for the technical merit and (insert the percentage for price)% for the price.
  2. To establish the technical merit score, the overall technical score for each responsive bid will be determined as follows: total number of points obtained / maximum number of points available multiplied by the ratio of (insert the percentage for technical merit)% .
  3. To establish the pricing score, each responsive bid will be prorated against the lowest evaluated price and the ratio of (insert the percentage for price)%.
  4. For each responsive bid, the technical merit score and the pricing score will be added to determine its combined rating.
  5. Neither the responsive bid obtaining the highest technical score nor the one with the lowest evaluated price will necessarily be accepted. The responsive bid with the highest combined rating of technical merit and price will be recommended for award of a contract.

The table below illustrates an example where the selection of the contractor is determined by a 60/40 ratio of the technical merit and price, respectively.

Evaluation—Highest Combined Rating of Technical Merit (60) and Price (40)table note1
Bidder Bidder A (for resource 3A) Bidder B (for resource 3A) Bidder C (for resource 3A)
Overall technical score
(out of 60)
55 45 43
Bid resource price C $60.00 C $55.00 C $50.00table note2
Calculation
Technical merit points
(out of 60)
55 45 43
Price points
(out of 40)table note3
32 36 40
Total scoretable note4 87 81 83

Note

Note 1

Maximum price points available is 40

Return to footnote1 referrer

Note 2

Lowest evaluated price (bidder C in this example)

Return to footnote2 referrer

Note 3

Price points = (("Lowest evaluated price" - "Bid resource price") / "Lowest evaluated price" + 1 ) * "Maximum price points available"

Return to footnote3 referrer

Note 4

Total score = "Technical merit points" + "Price points"

Return to footnote4 referrer

2. Bid Challenge and Recourse Mechanisms

  1. Several mechanisms are available to potential suppliers to challenge aspects of the procurement process up to and including contract award.
  2. Canada encourages suppliers to first bring their concerns to the attention of the Contracting Authority. Canada's Buy and Sell website, under the heading "Bid Challenge and Recourse Mechanisms" contains information on potential complaint bodies such as:
    • Office of the Procurement Ombudsman (OPO)
    • Canadian International Trade Tribunal (CITT)
  3. Suppliers should note that there are strict deadlines for filing complaints, and the time periods vary depending on the complaint body in question. Suppliers should therefore act quickly when they want to challenge any aspect of the procurement process.

Part D: Resulting contract clauses

Note 5

It is recommended to use PWGSC Form 9400-4 as page one of the contract.

The following clauses and conditions apply to and form part of any contract resulting from the bid solicitation.

1.0 Statement of work

The contractor must perform the work in accordance with the Statement of Work at Annex "A".

2.0 Standard clauses and conditions

All clauses and conditions identified in the contract by number, date and title are set out in the Standard Instructions - Goods or Services - Competitive Requirements Manual issued by Public Works and Government Services Canada.

2.1 General conditions

2010B (2018-06-21) General conditions: Professional services (medium complexity), apply to and form part of the contract.

3.0 Temporary help services resulting contract clauses

The resulting contract clauses enumerated in the contractor's temporary help services supply arrangement apply to and form part of the contract.

4.0 Security requirement

Note 6

In the input field below, enter either ‘There is no security requirement associated with this requirement' or enter the applicable security clauses that have been provided to your client by the Canadian Industrial Security Directorate (CISD).

4.1 Use of individual protective equipment and Occupational Health and Safety (OHS) guideline(s)

The Contractor warrants that its resources will follow at all times the OHS guidelines in force in the workplace during the contract period. Canada reserves the right to modify the OHS guideline, if required, to include any future recommendations proposed by the Public Health Agencies.

5.0 Term of contract

5.1 Period of contract
5.2 Option to extend the contract

The contractor grants to Canada the irrevocable option to extend the term of the contract by up to a maximum of 48 weeks under the same conditions. The contractor agrees that, during the extended period of the contract, it will be paid in accordance with the applicable provisions as set out in Annex "B": Basis of payment.

If another time extension is required to continue the service(s) beyond the 48th week, the contractor also grants to Canada the irrevocable option to extend the term of the contract to a maximum of 72 weeks under the same conditions. Any time extension that brings the term of the contract beyond 48 weeks must be processed after the 40th week.

Canada may exercise this option at any time by sending a written notice to the contractor at least five (5) calendar days prior to the contract expiry date. The option may only be exercised by the contracting authority, and will be evidenced for administrative purposes only, through a contract amendment.

6.0 Authorities

6.1 Contracting authority

The contracting authority is responsible for the management of the contract and any changes to the contract must be authorized in writing by the contracting authority. The contractor must not perform work in excess of or outside the scope of the contract based on verbal or written requests or instructions from anybody other than the contracting authority.

6.2 Technical authority

The technical authority for the contract is:

The technical authority is the representative of the department or agency for whom the work is being carried out under the contract and is responsible for all matters concerning the technical content of the work under the contract. Technical matters may be discussed with the technical authority; however, the technical authority has no authority to authorize changes to the scope of the work. Changes to the scope of the work can only be made through a contract amendment issued by the contracting authority.

6.3 Contractor's representative

The name and coordinated of the winning bidder's representative will be inserted in this place at contract award.

7.0 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 contractor 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.

8.0 Payment

8.1 Basis of payment

The contractor will be paid for the actual hours worked at the firm hourly rates in Annex B: "Basis of Payment". The contractor will be paid an initial half hour minimum charge calculated from the time the contractor's employee arrives on-site. Customs duties are included and applicable taxes are extra.

8.1.1 Travel and living expenses
Note 7

Use the following field to input one of the following travel expense clauses: C4000C, C4001C, C4002C, or C4005C or otherwise enter "There is no travel associated with this requirement"

8.2 Method of payment

Canada will pay the contractor on a monthly basis for work performed during the month covered by the invoice in accordance with the payment provisions of the contract if:

  • an accurate and complete invoice and any other documents required by the contract have been submitted in accordance with the invoicing instructions provided in the contract
  • all such documents have been verified by Canada
  • the work performed has been accepted by Canada

9.0 Certifications compliance

Unless specified otherwise, the continuous compliance with the certifications provided by the contractor in its bid or precedent to contract award, and the ongoing cooperation in providing additional information are conditions of the contract and failure to comply will constitute the contractor in default. Certifications are subject to verification by Canada during the entire period of the contract.

10.0 Applicable laws

The Contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario. [May be revised by contractor before contract award]

11.0 Priority of documents

If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list.

  1. The Articles of Agreement
  2. the THS SA resulting contract clauses
  3. 2010B (2018-06-21) General conditions: Professional services (medium complexity)
  4. Annex "A": Statement of work
  5. Annex "B": Basis of payment
  6. the Security Requirements Check List at Annex C (if applicable)
  7. the Contractor's bid dated [To be insert at contract award]

12.0 Discretionary audit—Non-commercial goods and/or services

The estimated amount of profit included in the contractor's price or rate certification is subject to audit by Canada, before or after payment is made to the contractor under the conditions of the contract. The purpose of the audit would be to determine whether the actual profit earned on a single contract if only one exists, or the aggregate of actual profit earned by the contractor on a series of negotiated firm price and fixed-time rate contracts performed during a particular period selected, is reasonable and justifiable based on the estimated amount of profit included in earlier price or rate certification(s).

If the audit demonstrates that the actual profit is not reasonable and justifiable, as defined above, the contractor must repay Canada the amount found to be in excess.

13.0 Foreign nationals (Canadian contractor)

The Contractor must comply with Canadian immigration requirements applicable to foreign nationals entering Canada to work temporarily in fulfillment of the Contract. If the Contractor wishes to hire a foreign national to work in Canada to fulfill the Contract, the Contractor should immediately contact the nearest Service Canada regional office to enquire about Citizenship and Immigration Canada's requirements to issue a temporary work permit to a foreign national. The Contractor is responsible for all costs incurred as a result of non-compliance with immigration requirements.

14.0 Dispute Resolution

  1. The parties agree to maintain open and honest communication about the Work throughout and after the performance of the contract.
  2. The parties agree to consult and co-operate with each other in the furtherance of the contract and promptly notify the other party or parties and attempt to resolve problems or differences that may arise.
  3. If the parties cannot resolve a dispute through consultation and cooperation, the parties agree to consult a neutral third party offering alternative dispute resolution services to attempt to address the dispute.
  4. Options of alternative dispute resolution services can be found on Canada's Buy and Sell website under the heading "Dispute Resolution".

15.0 Insurance

Select one of the choices below:

The Contractor is responsible for deciding if insurance coverage is necessary to fulfill its obligation under the Contract and to ensure compliance with any applicable law. Any insurance acquired or maintained by the Contractor is at its own expense and for its own benefit and protection. It does not release the Contractor from or reduce its liability under the Contract.

The Contractor must comply with the insurance requirements specified below. The Contractor must maintain the required insurance coverage for the duration of the Contract. Compliance with the insurance requirements does not release the Contractor from or reduce its liability under the Contract.

The Contractor is responsible for deciding if additional insurance coverage is necessary to fulfill its obligation under the Contract and to ensure compliance with any applicable law. Any additional insurance coverage is at the Contractor's expense, and for its own benefit and protection.

The Contractor must forward to the Contracting Authority within ten (10) days after the date of award of the Contract, a Certificate of Insurance evidencing the insurance coverage and confirming that the insurance policy complying with the requirements is in force. For Canadian-based Contractors, coverage must be placed with an Insurer licensed to carry out business in Canada, however, for Foreign-based Contractors, coverage must be placed with an Insurer with an A.M. Best Rating no less than "A-". The Contractor must, if requested by the Contracting Authority, forward to Canada a certified true copy of all applicable insurance policies.

Note 9

An input field below is provided below for additional clauses beyond those specified above. Examples include department-specific clauses such as A9006C (2012-07-16), which must be included in all contracts for the Department of National Defence.

Annex "A"—Statement of work

Note 10

General Instructions for the Preparation of a Solicitation are available for client department use.

Annex "B"—Basis of payment

The winning bidder's rates will be included here at the time of contract award.

Annex "C"—Evaluation criteria

Select which of the following evaluation criteria will be used in addition to the Minimum Mandatory Criteria for the category or categories:

The proposed resource(s) must comply with the Minimum mandatory criteria for each category.

Additional mandatory criteria

The proposed resource(s) must comply with the additional mandatory requirements specified below.

Note 11

There is no limit to additional mandatory criteria under Competitive Method 2.

Mandatory criteria should be objective as possible. When a client is requesting a higher than the minimum education requirement than those specified in the minimum mandatory qualifications for a given classification/level, the client has the authority to accept an alternative as long as that alternative does not go below the minimum education requirement. When used, the alternative must be specified by the client in the RFP.

In addition, when a minimum education is required for a given classification and level, and the bidder provides evidence of a higher level of education as being submitted, there will be no requirement from the client to request additional proof by the supplier to demonstrate the lower education requirement specified for the given classification and level.

Evaluation of resource(s)

Number Mandatory criteria Cross reference to proposal
M1
M2

Point-rated criteria

Point rated criteria are used to establish one or more minimum requirements by setting a passing mark that a response must meet to be considered a valid and responsive bid.

Note 12

Insert the details of point rated evaluation criteria. Add additional requirements/rows as required. The table below is provided as an example only. Please revise as applicable to the requirement.

Please revise as applicable to the requirement. To minimize eliminating bidders, it is suggested that pass marks be applied only to Total and/or Subtotals not individual R1, R2, etc criteria. Pass marks of 70% or higher also increase the risk of eliminating bidders. In e.g. below, 3 pass marks appear; 60% for A (33/55pts), 60% for B (27/45pts), and 70% of total (70/100pts). Criteria should be objective as possible.

Point-rated evaluation of resource(s)

Number Point rated technical criteria Cross reference to proposal Max available points Minimum points required (if applicable) Score attained
Points grid
R1  
R2  
R3  
Subtotal  

Only those resources proposed that meet all the mandatory requirements will be further evaluated and scored in accordance with specific point rated evaluation criteria as detailed in the table above.

Annex "D"—Security requirements

In the input field below, enter either ‘There is no security requirement associated with this requirement' or enter the text of the security requirement check list (SRCL). If you are using one of PSPC's common SRCLs, you may enter its number and a complete URL to its location on PSPC's website.

Part E: Bidder Response Form

It is the bidder’s responsibility to ensure they provide all of the information and documentation required to demonstrate compliance with all of the requirements of the RFP.

Note 13

Are there additional mandatory criteria or point rated criteria included in this RFP?

In addition to the pricing and certification information requested below, bidders must reply to all of the evaluation criteria information enumerated in Annex C in an additional attachment.

Bidder information

Bidder's representative

Name and title of person authorized to sign on behalf of the bidder:

Is the bidder submitting a bid in response to this request for proposal?
Consent / Proof of employment

The bidder must provide a written/electronic consent signed by the proposed resource before bid closing date and time. In cases where the proposed resource is a full time employee of the bidder, a proof of employment signed by an authorized representative of the bidder, such as Chief Financial Officer or Human Resource Director must be provided.

To be considered valid, the written/electronic consent or proof of employment must have been obtained/signed during the solicitation period and reference the solicitation number. It must also include a statement confirming the availability of the resource for the performance of the contract during the period mentioned in the RFP. Failure to provide the proper documentation will result in the bid being declared non-responsive.

Resource proposed by more than one bidder

Following validation of the consent or proof of employment, if the successful bidder's proposed resource withdraws or becomes unable to provide the services before the contract award, the resource will no longer be considered from any other bidder who offered that same resource for the performance of the contract.

Replacement of a Resource prior to Contract Award - based on rankings

If the successful bidder's proposed resource recommended for the contract award withdraws and/or becomes unable to provide its services for the performance of the contract, at any time between the closing date and time of the RFP and the award of the contract, the bidder must immediately inform the contracting authority of the reason for the replacement.

The bidder must propose, at the same hourly rate indicated in its bid, one replacement who must meet all of the mandatory requirements contained in the RFP and, if applicable, obtains an equal or higher score obtained by the originally proposed resource on the point rated criteria of the RFP. Upon request by the contracting authority and within the time allowed (minimum of one business day), the bidder must provide the necessary information to allow assessment of the replacement, including but not limited to, its name, qualifications and experience. Failure to respond to the request will result in the bid being declared non-responsive.

Proposed resource(s) pricing
Name of resource/
reference
Stream number, category & level of expertise Required Personnel Security screening Bilingual (Y/N) Firm
hourly
rate
Estimated total hoursFootnote5 Total estimated cost (GST/HST excluded) Add/Remove
resource/
reference
Sub-total:  
Applicable taxes:  
Total bid price:  

Note

Note 5

The hourly rate for the proposed resource must remain the same in the event that the bidder submits more than 1 resume.

Return to footnote5 referrer

Certifications precedent to contract award

The certifications set out below are to be completed and submitted with the bid but may be submitted afterwards. If any of these required certifications is not completed and submitted as requested, the contracting authority will so inform the bidder and provide the bidder with a time frame within which to meet the requirement.

a) Integrity provisions—Required documentation

By submitting a bid, the Bidder certifies that the Bidder and its Affiliates are in compliance with the provisions as stated in Section 01 Integrity Provisions - Bid of Standard Instructions - Goods or Services - Competitive Requirements. The associated information required within the Integrity Provisions will assist Canada in confirming that the certifications are true.

Pursuant to section 01 of Standard Instructions 2003, Bidders who are incorporated or a sole proprietorship, including those bidding as a joint venture, must submit a complete list of names of all individuals who are currently directors of the Bidder, or the name of the owner, as applicable. Bidders bidding as societies, firms or partnerships do not need to provide a list of names. Furthermore, as determined by the Special Investigations Directorate, Departmental Oversight Branch, each individual named on the list may be requested to complete Consent to a Criminal Record Verification form and provide associated information. Consult sections 4.21, 5.16 and 8.70.2 of the Supply Manual.

b) Federal contractors program for employment equity—Bid certification

By submitting a bid, the bidder certifies that the bidder, and any of the bidder's members if the bidder is a joint venture, is not named on the Federal Contractors Program (FCP) for employment equity "FCP Limited Eligibility to Bid" list available at the bottom of the page of the Employment and Social Development Canada—Labour's website.

Canada will have the right to declare a bid non-responsive if the bidder, or any member of the bidder if the bidder is a joint venture, appears on the "FCP Limited Eligibility to Bid list" at the time of contract award.

c) Price certification

The bidder must provide, on Canada's request, one or more of the following price support, if applicable:

  • a current published price list indicating the percentage discount available to Canada
  • copies of paid invoices for the like quality and quantity of the goods, services or both sold to other customers
  • a price breakdown showing the cost of direct labour, direct materials, purchased items, engineering and plant overheads, general and administrative overhead, transportation, etc., and profit
  • price or rate certifications
  • any other supporting documentation as requested by Canada

d) Consent and Replacement of Resource

The bidder certifies that the information included on the consent or proof of employment for the proposed resource, for this requirement, is true and accurate.

The certifications provided by bidders to Canada are subject to verification at all times. Canada may declare a bid non-responsive, or declare a contractor in default if any certification made by the bidder is found to be untrue, whether made knowingly or unknowingly, during the bid evaluation period or during the contract period. In this instance, Canada has the right to reject a bid, terminate a contract by default, and/or set aside the bidder's THS Supply Arrangement.

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