Supply arrangement for temporary help services in the National Capital Region

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A. Supply arrangement

1. Arrangement

The supply arrangement (SA) covers the streams and categories described at the temporary help (THS) services webpage.

2. Security requirements

2.1 The supplier must hold at minimum, a valid Designated Organization Screening issued by the Contract Security Program, Public Services and Procurement Canada (PSPC).

2.2 The supplier may request that THS consider security sponsorship to upgrade their company security clearance to the next level by emailing THS: tpsgc.pasat-apths.pwgsc@tpsgc-pwgsc.gc.ca. Security may be upgraded at any time, 1 level at a time only.

2.3 Sub-contractors and employees of suppliers will not be sponsored by PSPC.

3. Standard clauses and conditions

All clauses and conditions identified in the SA and resulting contract(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by PSPC.

3.1 General conditions

2020 General conditions: Supply arrangement–Goods or services (latest version inserted at time of SA issuance) apply to and form part of the SA.

3.2 Changes to the supply arrangement

As a result of the SA being perpetual, from time to time, PSPC may also amend any part of the SA as a result of a policy notification, legislation, or procedural change. Any such change will not affect existing contracts in place prior to the date of change. Notification of such change will be sent to suppliers via a generic email. Should a supplier not be in agreement with such modifications, and no longer wishes to be considered for requirements issued under the SA framework as a result of the changes, the supplier will notify the SA authority and this supplier will no longer be on the list of qualified suppliers.

3.3 Supply arrangement reporting

The supplier must compile and maintain records on its provision of goods, services or both to the federal government under contracts resulting from the SA. This data must include all purchases paid for by a Government of Canada acquisition card.

The supplier must provide this data in accordance with the reporting requirements detailed in the Quarterly usage report instructions.

If no goods or services are provided during a given period, the supplier must still provide a "NIL" response. The quarterly reporting periods are defined as follows:

Quarter period to be covered due on or before
Quarter Period to be covered Due on or before
Quarter 1 April 1 to June 30 July 15
Quarter 2 July 1 to September 30 October 15
Quarter 3 October 1 to December 31 January 15
Quarter 4 January 1 to March 31 April 15

PSPC reserves the right to suspend the SA without notice, if reports are not submitted on time or are inaccurate or incomplete.

4. Term of supply arrangement

4.1 Period of the supply arrangement

The SA has no defined end-date and will remain valid until such time as Canada no longer considers it to be advantageous to use it.

Canada may, with at least 30 days written notice and by posting on the Government Electronic Tendering System cancel this SA or individual categories or streams.

4.2 Delivery points

Delivery of the requirement is limited to the National Capital Region (NCR).

5. Authorities

5.1 Supply arrangement authority

The SA authority is:

Supply team leader
Acquisitions branch
Public Services and Procurement Canada
10 Wellington Street, Terrasses de la Chaudière, fifth floor
Gatineau QC K1A 0S5

E-mail address:
tpsgc.pasat-apths.pwgsc@tpsgc-pwgsc.gc.ca

The SA authority is responsible for the issuance of the SA, its administration and its revision, if applicable.

5.2 Supplier’s representative

The individual identified as the main supplier contact in the Centralized Professional Services System (CPSS) ePortal is considered the supplier’s representative and is the central point of contact for the supplier on all matters pertaining to the SA. By submitting the 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’s representative is correct. If a change is required to this information, the supplier will inform CPSS by email at tpsgc.sspc-cpss.pwgsc@tpsgc-pwgsc.gc.ca.

5.3 Supplier’s Centralized Professional Services System ePortal information

Suppliers are responsible for the maintenance and safeguarding of their tombstone data in the CPSS ePortal.

Canada will not delay or cancel any solicitation or contract process due to a supplier’s inability to access, modify or validate such credentials, or because of any claim that such credentials were used without proper authorization.

6. Identified users

The identified users include any government department, agency or Crown Corporation listed in Schedules I, I.1, II, III, of the Financial Administration Act, R.S.C., 1985, c. F-11.

7. On-going opportunity for qualification

A Notice will be posted on the Government Electronic Tendering Service for the duration of the SA to permit new suppliers to become qualified and pre-qualified suppliers to qualify for streams and categories for which they are not already qualified.

Canada reserves the right to conduct the evaluation of arrangements in cycles, not less than quarterly. Bids received over a calendar year will be evaluated in accordance with the schedule below. The schedule may require a revision due to operational requirements, in which case suppliers will be advised.

Quarterly evaluation periods
Fiscal quarter Closing date Time of solicitation closing Evaluation period
Quarter 1 June 30 02:00 PM Eastern Daylight Time (EDT) July 1 to September 30
Quarter 2 September 30 02:00 PM EDT October 1 to December 31
Quarter 3 January 3 02:00 PM Eastern Standard Time (EST) January 4 to March 31
Quarter 4 March 31 02:00 PM EDT April 1 to June 30

8. 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 the SA
  2. the 2020 General conditions: Supply arrangement–Goods or services (latest version inserted at time of SA issuance)
  3. the supplier's SA

9. Certifications and additional information

9.1 Compliance

Compliance with the certifications and related documentation 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, provide the related documentation or if 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.

9.2 Vendor performance

In accordance with General conditions: Supply arrangement—Goods or services 2020 09, Suspension or cancellation of qualification by Canada (2016-04-04), Canada may by written notice to the supplier, suspend or cancel the SA.

Resulting SA may be subject to the vendor performance management regime, where specific elements of the work will be subject to performance evaluation. The supplier may be required to collect, compile and present performance information and the supplier will be evaluated on specific aspects of its performance.

The request for a supply arrangement (RFSA) and any resulting SA’s will be amended to incorporate any resulting vendor performance management regime.

9.3 Physical office address

The supplier must maintain a physical street address that is not a post office box. The supplier must have a phone number and email address.

10. Applicable laws

The SA and any contract resulting from the SA must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.

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

The supplier 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.

12. Transition to an e-procurement solution

During the period of the SA, Canada may transition to an e-procurement solution (EPS) for more efficient processing and management of individual contracts for any or all of the SA’s applicable goods and services. Canada reserves the right, at its sole discretion, to make the use of the new e-procurement solution mandatory.

Canada agrees to provide the supplier with at least a 3-month notice to allow for any measures necessary for the integration of the SA into the EPS. The notice will include a detailed information package indicating the requirements, as well as any applicable guidance and support.

If the supplier chooses not to provide the SA of their goods or services through the e-procurement solution, the SA may be set aside by Canada.

Annex “A”: Streams and categories

The streams and categories each supplier is qualified for, form a part of their individual SA.

The following is for demonstration purposes only:

Supply arrangement basis of payment (example)

Legal name: Example only
Procurement business number: XXXXXXXXXPG0001
Reference number: XXX

Example of a basis of payment and awarded categories for Tier 0: National Capital Region
Category Junior Intermediate Senior
Stream 1: Office Support Categories
Category 1.1 Clerk, General Yes n/a n/a
Category 1.2 Administration Assistant, General n/a Yes Yes
Category 1.3 Executive Assistant n/a n/a Yes
Stream 2: Operational Services Categories
2.1 General Labourer Yes Yes Yes
2.2 Trade Helper n/a Yes Yes

Annex “B”: Validation for diverse suppliers

Background

THS is participating in a pilot program which intends on creating greater inclusiveness and opportunities for participation of Indigenous owned businesses (including Procurement Strategy for Indigenous Business registered businesses) and businesses owned by other underrepresented groups (for example, women, persons with disabilities and visible minorities), in federal government procurement. In the THS system, underrepresented suppliers will have the opportunity to voluntarily, self-identify when submitting their arrangement; they will be referred to the Certification—Diverse status section of the CPSS system to check their underrepresented profile. For THS purposes, a diverse supplier is the same as an underrepresented supplier as defined the THS RFSA, section 2.6.

Suppliers who self-attest must comply with the definitions found at article 2.6, in Part 2 of the RFSA. Diverse suppliers agree to furnish to Canada within 2 business days, such evidence as may be requested by Canada from time to time, corroborating this self-attestation. Such evidence will be open to audit during normal business hours by a representative of Canada, who may view the evidence to ensure compliance with the requirements.

Validating supplier status

  1. During the evaluation period, which include quarterly refreshes, the THS team will review supplier’s completed self-attestation forms and identify them as a diverse supplier
  2. The THS Team will conduct quarterly audits during the life cycle of the SA to validate that the information provided is true and to ensure suppliers are complying with the diverse requirements

Consequences

The consequences of making an untrue statement in the bid documents regarding the diverse status, or of not maintaining compliance with the requirements, may include, but are not limited to the following ramifications:

  1. removal of diverse status under the SA
  2. cancellation or suspension of the SA
  3. termination of any contract awarded pursuant to the diverse status

Validation process to maintain status as a supplier who self-identifies as belonging to an underrepresented group

At a select point during the lifecycle of a contract, a validation form can be sent to suppliers, who at the time of bid submission, have self-identified as belonging to an underrepresented group.

  1. The validation form, sent to suppliers who self-identified as belonging to an underrepresented group, would serve to confirm that:
    • the supplier is still compliant with their underrepresented supplier status
    • the supplier acknowledges the consequences of making an untrue statement in the bid documents which may include: disqualification of the business from participating in current and future government contracts; and/or termination of any contract awarded pursuant to the underrepresented status
    • in the event that a contract is terminated because of an untrue statement or non-compliance with the requirements, 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 non-compliance supplier
  2. Upon reception of the validation form by PSPC, the supplier is confirmed as an underrepresented supplier for the purpose of the contract/procurement instrument

B. Bid solicitation

1. Bid solicitation documents

Canada will use bid solicitation templates based on the estimated dollar value and complexity of the requirement.

The bid solicitation will contain as a minimum the following:

  1. security requirements (including the applicable security requirements check lists (SRCL))
  2. a complete description of the work to be performed
  3. 2003, Standard instructions or 2004, Standard instructions
  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 capability (if applicable)
  8. certifications, as applicable to the evaluation of resources (including status and availability)
  9. conditions of the resulting contract

2. Bid solicitation process

2.1 Bids will be solicited for specific requirements within the scope of the SA from suppliers who have been issued a SA.

2.2 Under this SA, the identified user will be allowed to issue solicitations to pre-qualified Suppliers in accordance with the following rules:

Business rules
  Non-competitive Competitive method 1 Competitive method 2 
Contract financial limits $40,000 including applicable taxes and travel

$400,000 including applicable taxes and travel

Limit of 1 resource per contract

$1 million including applicable taxes and travel (over $1 million with PSPC approval)

Multiple resources possible

Contract period The contract period must not exceed 48 weeks. Contracts can be amended to extend up to a maximum of 24 consecutive weeks beyond the limit of 48 consecutive weeks on the condition that the following conditions are met:
  • the amendment to extend the duration of the assignment period must be issued after the first 40 consecutive weeks of the assignment period
  • the identified user must notify the THS authority of the issued amendment by email within 2 business days of issuing the amendment
Evaluation criteria in addition to the minimum mandatory criteria for the SA category No additional mandatory criteria

Maximum of 2 additional mandatory criteria

No rated or asset criteria allowed

Additional mandatory and rated criteria allowed
Basis of selection Directed to 1 supplier provided they are responsive to the minimum mandatory criteria for the SA category
  1. Lowest price responsive
  2. Right-fittable 3 "Business Rules" note *
  1. Lowest price responsive
  2. Highest combined rating of technical merit and price
  3. Minimum point-rated
  4. Any other option except right-fit
Financial criteria for right-fittable 3 "Business Rules" note * n/a Median band from 20% below to 20% above median rate n/a
CPSS search list of pre-qualified suppliers (expires at Requests for Proposal (RFP) issuance) Identified user selects any supplier from the CPSS search list
  1. System randomly chooses 5 suppliers that are certified as diverse suppliers, 3 being low volume
  2. System randomly chooses another 6 suppliers
  3. Identified user chooses 0 to 4 additional suppliers
  4. See rules for joint venture's (JV) under 2.3 below
Solicitation period n/a
  1. Lowest price 48 hours
  2. Right-fit 96 hours
Identified user’s choice
Bid validity n/a 15 calendar days 60 calendar days
Publication of Notice of Proposed Procurement (NPP) n/a n/a For requirements above $400,000

Table "Business Rules" notes

Table "Business Rules" Note *
  1. Right-fit can only be used when:
    • the requirement is below $400,000
    • the requirement is for 1 resource only
  2. The right-fit selection methodology must be specified in the RFP and cannot be changed
  3. A band between -20% and +20% of the median total hourly rate will be used when 3 or more bids are responsive to the mandatory technical criteria. Any bids outside of this band will be considered non-responsive
  4. When only 2 bids are responsive to the mandatory technical criteria, the higher priced bid may be selected if the price is within 25% of the lowest priced
  5. Interviews may be administered to select the best resource among the bids meeting the rules above
  6. When only 1 bid is responsive to the mandatory technical criteria, the contracting officer should determine that the bid represents fair market value to Canada before awarding a contract
  7. 1 or more of the 5 justifications below must be used to determine the successful bidder and the justification for the selection must be retained in the file for audit purposes. Right-fit justifications:
    • specialized education which will improve the quality of services to be provided
    • additional certifications which will improve the quality of services to be provided
    • additional experience which will improve the quality of services to be provided
    • knowledge of relevant government policies or procedures which will improve the quality of services to be provided
    • better proficiency in 1 or both official languages which will improve the quality of the services to be provided
  8. Unsuccessful bidders must be advised of the results and the justification

Return to table "Bid solicitation process" note * referrer

2.3 Creating the bidders list: The identified users enter the categories they need in the CPSS and a search list of pre-qualified suppliers will be generated as indicated in the table above. When a JV appears on the list of selected suppliers, the identified users must remove any of the individual JV members if they are also present on the list.

2.4 Bid solicitation issuance: The identified users will email the bid solicitation directly to the selected suppliers from the final CPSS search list.

2.5 Bid evaluation: Bids will be assessed in accordance with the entire requirement of the Request for Proposal including the technical and financial evaluation criteria.

Interviewing proposed resources

When using right-fit basis of selection only, identified users may interview proposed resources in accordance with the right-fit rules at 2.2 above.

For any other basis of selection, resources may only be interviewed to validate that the information submitted in response to the solicitation is accurate.

Suppliers must not invoice for interview time and telephone interviews are encouraged.

2.6 Basis of selection and issuance of contracts: The identified users will award contracts in accordance with the basis of selection identified in the request for proposal. All bidders will be advised of the solicitation results.

C. Resulting contract clauses

1. General

The conditions of any contract awarded under the SA will be in accordance with the resulting contract clauses of the template used for the bid solicitation.

The contract will contain as a minimum the following:

  1. Security requirements (including the applicable SRCL)
  2. Statement of work
  3. Standard clauses and conditions (includes general condition 2010B)
  4. Term of contract (maximum 48 consecutive weeks)
  5. Authorities
  6. Payment
  7. Invoicing instructions
  8. Certifications and additional information
  9. Applicable laws
  10. Insurance
  11. Priority of documents

2. Closure of government offices

Where the contractor, its employees, subcontractors, or agents are providing services on government premises under the contract, and those premises are inaccessible because of the evacuation or closure of government offices, the contractor will be paid for no more than 1 working week, at the rates in the contract provided that the contractor submits with its invoice a certification, countersigned by the affected resource, stating that:

  • the contractor has not received any other payment from any other client for the period of the closure
  • the affected resource will be paid at the rate they are entitled to had the services been provided

3. Staffing arrangements

A transfer fee will be payable to the contractor by the identified user when the “office” where the THS resource has been assigned during the contract period hires the resource without competition, either on a casual, term or indeterminate basis, prior to the passage of up to 20 calendar weeks measured from the start of services under the contract regardless of a change of duties.

  • Greater than 18 and up to 20 weeks from the start of services: 2%
  • Greater than 16 and up to 18 weeks from the start of services: 4%
  • Greater than 14 and up to 16 weeks from the start of services: 6%
  • Greater than 12 and up to 14 weeks from the start of services: 8%
  • Greater than 10 and up to 12 weeks from the start of services: 10%
  • Greater than 8 and up to 10 weeks from the start of services: 12%
  • Greater than 6 and up to 8 weeks from the start of services: 14%
  • Greater than 4 and up to 6 weeks from the start of services: 16%
  • Greater than 2 and up to 4 weeks from the start of services: 18%
  • Greater than 0 and up to 2 weeks from the start of services: 20%

Notes

“Office” is interpreted as an organization in a department, agency, or crown corporation under the supervision of a director general (DG) or equivalent. Where there is no DG or equivalent level, the next highest rank is applicable.

Transfer fees apply whether the contract is active or not (that is: terminated, expired) at the time the resource is hired by the identified user.

Transfer fees are based on the annualized salary offered to the THS resource. For the purposes of this clause, annualized salary offered to the THS resource means the starting annual salary of the position offered by the department to the THS resource in effect at the time of the offer. This does not include any subsequent performance/incentive pay, bilingual bonus, collective agreement increases or other increases that may occur.

For example, a THS resource being offered a casual, term or indeterminate employment starting at level 1 increment-PG 2 salary would have an annualized salary of $50,502. Where the position is instead based on an hourly rate, then this hourly rate would be annualized, multiplied by 1950 (7.5 hour day), and further multiplied by the appropriate transfer fee percentage (for example $18.00/hour × 1950 hours = $35,100 and if hired at the 5 week mark $35,100 × 16% = $5,616 transfer fee).

4. Termination notification

When a contract is terminated (with the exception of default) before its expiry and the estimated contract period was 3 months or longer, the identified user must provide the contractor with a minimum of 7 calendar day’s written notice.

If the required notification is not provided, the identified user will pay a fee based on 7.5 hours per day at the rate charged by the contractor for each remaining day of the required notice. No written notification is required if the contract naturally expires.

5. Overtime

Overtime must not be performed under the contract unless authorized in advance and in writing by the identified user. Any request for payment must be accompanied by a copy of the overtime authorization, including any premium to be paid, and a report containing the details of the overtime performed pursuant to the written authorization.

Overtime is regulated by provincial legislation and is therefore calculated based on where the work is performed:

  • in Ontario, overtime is payable for time worked in excess of 44 hours in a week
  • in Quebec, overtime is payable for time worked in excess of 40 hours in a week

6. Statutory holidays

When an identified user’s office is closed due to a statutory holiday, the contractor will not be paid for that day and the resource must not report for work.

When an identified user’s office is open on a day normally recognized as a statutory holiday, it is the contractor’s decision whether to allow the resource to work or not. Agreement between the contractor and the identified user should be documented in advance of the holiday.

7. Replacement of specific individuals

  1. If specific individuals are identified in the contract to perform the work, the contractor must provide the services of those individuals unless the contractor is unable to do so for reasons beyond its control
  2. If the contractor is unable to provide the services of any specific individual identified in the contract, it must provide a replacement with qualifications and experience which equal or exceed those of the named individual in the contract. The replacement must be acceptable to Canada
  3. The contractor must, as soon as possible, give notice to the contracting authority of the reason for replacing the individual and provide:
    1. the name, qualifications and experience of the proposed replacement
    2. proof that the proposed replacement has the required security clearance granted by Canada, if applicable
  4. The contractor must not, in any event, allow performance of the work by unauthorized replacement persons. The contracting authority may order that a replacement stop performing the work. In such a case, the contractor must immediately comply with the order and secure a further replacement in accordance with subsection 2. The fact that the contracting authority does not order that a replacement stop performing the work does not relieve the contractor from its responsibility to meet the requirements of the contract

8. Identification protocol for contractors and resources

The contractor will be responsible for ensuring that any of its resources, representatives or subcontractors complies with the following self-identification requirements:

  1. contractor resources who attend a Government of Canada meeting (whether internal or external to Canada's offices) must identify as a contractor resource prior to the commencement of the meeting, to ensure that each meeting participant is aware of the fact that the individual is not a Government of Canada employee
  2. during the performance of any work at a Government of Canada site, the contractor’s resource must be clearly identified at all times as being a contractor
  3. if a contractor resource requires the use of the Government of Canada's e-mail system in the performance of the work, then the individual must clearly identify him or herself as a contractor resource in all electronic mail including the signature block as well as under "Properties". This identification protocol must also be used in all other correspondence, communication, and documentation

If Canada determines that the contractor resource or the contractor is in breach of any obligation stated in this clause, upon written notice from Canada the contractor must submit a written action plan describing the corrective measures it will implement to eliminate the recurrence of the problem. The contractor will have 2 working days to deliver the action plan to the client or the contracting authority, and 10 working days to rectify the problem. In addition to any other rights it has under the contract, Canada may terminate the contract for default if the corrective measures required of the contractor described above are not met.

9. Vendor performance management

Any resulting contract awarded under the SA may be subject to the Vendor Performance Management Policy, where specific elements of the work will be subject to performance evaluation. The contractor may be required to collect, compile and present performance information and the contractor will be evaluated on specific aspects of its performance.

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