Model request for proposal for a non-competitive contract

Note

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Federal department users of Temporary Help Services (THS) for the National Capital Region (NCR) are to complete Part A, B, C, and D of this document, along with the annexes. The supplier is to complete Part E of this document, but it too contains fields that first need to be completed by the contracting authority before issuance.

Non-competitive request for proposal under the Temporary Help Services for the National Capital Region method of supply

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Part A: General information

The terms and conditions set out in the Supply Arrangement for Temporary Help Services in the National Capital Region between the supply arrangement (SA) holder and Canada, as represented by the minister of Public Works and Government Services Canada (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.

Archived—2004 Standard Instructions – Goods or Services – Non-competitive Requirements (2020-05-28) are incorporated into this document by reference.

1. Invitation to bid

Canada has a requirement for work that falls under the THS for the NCR supply arrangement.

The name and co-ordinates of the contracting authority can be found in Part D: Resulting contract clauses.

2. Bid response due date and time

Bidders must direct all enquiries to the email address above. A "Bidder's response form" is included in Part E of this document.

Part B: Requirement

1. Statement of work

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

2. Estimated contract period

3. Resource category or categories required

The following table is to identify the requirement to the bidder by providing the service categories, their level of expertise, the number of resources required per category, their need to be bilingual or not, and the estimated number of hours per resource.

Note 1

Insert or remove rows as required. If your requirement is for only 1 resource you can mark the “Resource reference no.” column as “N/A”. Remember to mirror all resource information below into the pricing grid in Part E: Bidder response form.

Table 1: Resource(s) required
Resource reference no. Category of resource Level of expertise Number of resources required Must the resource(s) 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?
  1. 6.1 Before award of a contract, the following conditions must be met:
    1. the bidder must hold a valid organization security clearance as indicated in Annex C
    2. the bidder's proposed individuals requiring access to classified or protected information, assets or sensitive work sites must meet the security requirements as indicated in Annex C
    3. the bidder must provide the name of all individuals who will require access to classified or protected information, assets or sensitive work sites
    4. the bidder’s proposed location of work performance and document safeguarding must meet the security requirements as indicated in Annex C, if a document safeguarding requirement is indicated
    5. the bidder must provide the addresses of proposed sites or premises of work performance and document safeguarding, if a document safeguarding requirement is indicated
  2. 6.2 Bidders are reminded to obtain the required security clearance promptly. Any delay in the award of a contract to allow the successful bidder to obtain the required clearance will be at the entire discretion of the contracting authority
  3. 6.3 For additional information on security requirements, bidders should refer to the Contract Security Program

There is no security requirement associated with this requirement.

7. Accessibility standards

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 Archived—Treasury Board 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 can then ignore this clause but must then ensure that the justification is kept on file for that procurement. Clients can use the Considering accessibility criteria in procurement: Justification form to file the justification on whether accessibility criteria are required.

In accordance with the Archived—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 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 for the NCR method of supply 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 1 of the 2 options below:

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

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.

8.1 The following individual protective piece(s) of equipment is/are required while working on site:
Insert needed equipment if there is a need for face covering mask, gloves, protective shield, etc.

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.

9. COVID-19 vaccination requirement

Remarks to client

Pursuant to Policy Notification (PN)-152: include clause A3080T below for any solicitation occurring while the COVID-19 Vaccination Policy for Supplier Personnel remains in effect. Important: as developments are ongoing, visit PSPC’s Standard Acquisition Clauses and Conditions Manual to review the below text against the most current version of A3080T and replace it as necessary.

This requirement is subject to the COVID-19 Vaccination Policy for Supplier Personnel. Failure to complete and provide the COVID-19 vaccination requirement certification as part of the bid will render the bid non-responsive.

Part C: Basis of selection

1. Basis of selection method

To be declared responsive, a bid must:

  1. comply with all the requirements of the RFS; and
  2. meet all minimum mandatory criteria for the THS category/ies identified in Part B

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

Review the minimum mandatory criteria for THS categories.

The bidder must clearly demonstrate how they meet each mandatory criteria. Bidders are advised that only listing experience without providing any supporting information or reusing the same wording as the RFP, will not be considered "demonstrated" for the purpose of this evaluation.

For each resume submitted, the bidder must ensure that:

  • the proposed individual's name is clearly indicated
  • the resume clearly states where, when and how the stated qualifications/experience of the individual were acquired, including contact information of a reference that can confirm the information provided
  • the resume clearly demonstrates duties and relevance to the requirements

Furthermore, bidders are also advised that the month(s) of experience listed for a project whose timeframe overlaps that of another referenced project, will only be counted once.

2. Bid challenge and recourse mechanisms

Several mechanisms are available to potential suppliers to challenge aspects of the procurement process up to and including contract award.

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)

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 2

It is recommended to use Form 9400-4 as page 1 of the contract. A copy of the form can be found in the supply arrangement procedures section of the PSPC Supply Manual.

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 Archived—2003 Standard Instructions – Goods or Services – Competitive Requirements Manual issued by PSPC.

2.1 General conditions

Archived—2010B General conditions: Professional services (medium complexity) (2021-12-02) 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 THS for the NCR supply arrangement apply to and form part of the contract.

4.0 Security requirement

Note 3

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 Contract Security Program (CSP).

4.1 Use of individual protective equipment and occupational health and safety guideline(s)

The contractor warrants that its resources will follow at all times the occupational health and safety (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

to

5.2 Maximum duration of contract

A contract awarded under the THS for the NCR supply arrangement must not exceeds 48 consecutive weeks including all absences. 

On an exceptional basis only, a contract may be amended to extend the duration of an assignment period up to a maximum of 24 consecutive weeks beyond the limit of 48 consecutive weeks. The total extended duration must not exceed 72 consecutive weeks. Extensions past 48 weeks must only be issued on the condition that the following requirements are met:

  1. the duration of the assignment period, including any contract amendments that impact the assignment period, must be more than 40 consecutive weeks
  2. the amendment to extend the duration of the assignment period must be issued after the first 40 consecutive weeks of the assignment period and
  3. the contracting authority must notify THS for the NCR of the issued amendment by email within 2 business days of issuing the amendment

The contractor agrees that, during the extended periods of the contract, it will be paid in accordance with the applicable provisions as set out in Annex B: Basis of payment.

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 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: 2019-01 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 4

Use the following field to input 1 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 at 8.2.1 below
  • all such documents have been verified by Canada
  • the work performed has been accepted by Canada
8.2.1 Invoices

The original and 1 copy must be forwarded to the following address for certification and payment:

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.

9.1 Compliance with on-site measures, standing orders, policies, and rules

The contractor must comply and ensure that its employees and subcontractors comply with all security measures, standing orders, policies or other rules in force at the site where the work is performed.

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 for the NCR supply arrangement resulting contract clauses
  3. Archived—2010B General conditions: Professional services (medium complexity) (2020-05-28)
  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

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 1 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 if insurance requirement is needed or not:

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 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 5

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

Remark to clients

Insert a completed statement of work (SOW) here. General instructions for the preparation of a solicitation are available for client department use, and this include links to SOW writing guides. However, a statement of work for a temporary help requirement differs from the standard professional services SOW in a few key ways:

  • Near the beginning of your SOW (perhaps in the Overview, Scope or Objective section) please ensure that you explain which of the following 3 conditions under which the THS for the NCR supply arrangement applies for your requirement:
    • a public servant is absent for a temporary period of time
    • there is a requirement for additional staff during a temporary workload increase, in which there is an insufficient number of public servants available to meet the requirement
    • an existing position is vacant and staffing action is being completed
  • Please note that “temporary workload increase” is meant to cover additional levels of effort in existing work tasks
  • Do not include deliverable or milestones in the list of resource tasks. If you need to communicate project timeline, deliverable or deadline information to the bidder, include it in the Background or Scope sections in a way that does not tie it to payment 
  • If your requirement includes a need for the resource or resources to meet specific deliverables or milestones, professional services methods of supply must be considered, such as ProServices, Tasks and solutions professional services or Task-based informatics professional services
  • Resource tasks may be drawn from the existing work descriptions of the absent or unstaffed position(s), but be mindful not to copy-paste all of a position’s work tasks in their entirety, if at all possible. Only the tasks most relevant to the temporary help period should be included  
  • Include all workplace-related information necessary, but be mindful to avoid including any concessions or provisions that could possibly establish an employer-employee relationship with the bidder’s resource(s)

Annex B: Basis of payment

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

Annex C: Security requirements check list

Note 6

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 1 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 that it provides all of the information required to demonstrate compliance to all requirements of the RFP. In addition to the pricing and certification information requested below, bidders must reply to all of the minimum mandatory criteria required for each resource and category.

Bidder information

Bidder's representative

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

A. Is submitting a bid in response to this RFP
B. Has obtained permission from the THS resource(s) contained in this response to submit the names of the resource(s) and has included written or electronic consent with the proposal
Tableau 2 : Proposed resource(s) pricing (add rows as needed and insert information below that matches the table information provided in Part B, Section 3)
Name of resource/Reference no. Stream number, category and level of expertise Required personnel security screening Must the resource(s) be bilingual (Y/N) Firm hourly rate Estimated total hours Total estimated cost (GST/HST excluded) Add/remove
resource/
reference
- +
Sub-total:  
Applicable taxes:  
Total bid price:  

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.

Compliance with the certifications bidders provide to Canada is subject to verification by Canada during the bid evaluation period (before award of a contract) and after contract award. The contracting authority will have the right to ask for additional information to verify bidders' compliance with the certifications before award of a contract. The bid will be declared non-responsive if any certification made by the bidder is untrue, whether made knowingly or unknowingly. Failure to comply with the certifications or to comply with the request of the contracting authority for additional information will also render the bid non-responsive.

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 Subsection 1—Standard Instructions. 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 2004, 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, 1 or more of the following price support, if applicable:

  1. a current published price list indicating the percentage discount available to Canada; or
  2. copies of paid invoices for the like quality and quantity of the goods, services or both sold to other customers; or
  3. 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; or
  4. price or rate certifications; or
  5. any other supporting documentation as requested by Canada
d) Former public servants in receipt of a pension
Is the bidder a former public servant (FPS) in receipt of a pension?

If so, the bidder must provide the following information, for all FPSs in receipt of a pension, as applicable:

  1. the name of FPS
  2. the date of termination of employment or retirement from the Public Service

By providing this information, bidders agree that the successful bidder’s status, with respect to being a former public servant in receipt of a pension, will be reported on departmental websites as part of the published proactive disclosure reports in accordance with Contracting Policy Notice: 2019-01 of the Treasury Board Secretariat of Canada and the Guidelines on the Proactive Disclosure of Contracts.

e) Work force adjustment directive
Is the bidder a FPS who received a lump sum payment pursuant to the terms of the Work Force Adjustment Directive?

If so, the bidder must provide the following information, for all FPSs in receipt of a pension, as applicable:

  1. the name of FPS
  2. the conditions of the lump sum payment incentive
  3. the date of termination of employment
  4. the amount of lump sum payment
  5. the rate of pay on which lump sum payment is based
  6. the period of lump sum payment including start date, end date and number of weeks
  7. the number and amount (professional fees) of other contracts subject to the restrictions of a work force adjustment program
f) COVID-19 vaccination requirement certification

Remarks to client: include certification below for any solicitation occurring while the COVID-19 Vaccination Policy for Supplier Personnel remains in effect.

In accordance with the COVID-19 Vaccination Policy for Supplier Personnel, all bidders must provide with their bid a completed copy of the Archived—A3081T COVID-19 vaccination requirement certification to be given further consideration in this procurement process. This certification incorporated into the bid solicitation on its closing date is incorporated into, and forms a binding part of any resulting contract.

By submitting a bid, the bidder understands and acknowledges the above conditions.

Person authorized to sign on behalf of the bidder or company (print name):

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