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Supply Arrangement for Solutions-Based Professional Services

Supply Arrangement and Resulting Contract Clauses

Part A: Supply Arrangement

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Table of contents

  1. Security Requirement
  2. Standard Clauses and Conditions
  3. Term of the Supply Arrangement
  4. Authorities
  5. Supplier Information
  6. Identified Users (Clients)
  7. Priority of Documents
  8. Certifications
  9. Applicable Laws
  10. Suspension or Cancellation by Canada
  11. Aboriginal Business Certification (if applicable)
  12. Delivery Requirements Outside Comprehensive Land Claims Settlement Areas
  13. Environmental Considerations
  14. Insurance Requirement
  15. Travel and Living
  16. Regions and Metropolitan Areas

A - Supply Arrangement

The Solutions-Based Professional Services Supply Arrangement (SA) is among the mandatory methods of supply for the provision on non-informatics professional services.  It covers five core areas of expertise that are commonly and nationally used: Human Resources Services; Business Consulting/Change Management; Project Management Services; Real Property Project Management Services; and Technical Engineering and Maintenance Services.

Solutions-based professional services requirements are comprised of services whereby a supplier defines and provides a solution to a requirement, manages the overall requirement, phase or project and accepts responsibility/risk for the outcome.

The SA encompasses only those Services described in Annex A “Streams”, which are further identified in the case of each specific SA Holder in Annex E “Qualified Streams” at issuance of the SA.

In addition to the Clauses and Conditions enumerated in Section 2 below, contracts resulting from this SA can, at the discretion of Identified Users, incorporate: Task Authorizations, various security requirements, options to extend the contract (within the scope of the applicable Tier), & Limitations of Expenditure & Liability.

1. Security Requirement

  1. The Supplier must, at all times during the performance of the SA hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC). The SA Authority may verify the Supplier's security clearance with CISD of PWGSC at any time during the period of the SA.
  2. The requirements to be procured under this SA are subject to the requirements in the Security Requirement Check Lists (SRCL's) identified in each individual bid solicitation. Each bid solicitation will identify the SRCL that will apply to any resulting contract.
  3. Subcontracts which contain security requirements are not to be awarded without the prior written permission of CISD/PWGSC.
  4. In the case of Joint Ventures or Amalgamations, the highest level of corporate security attainable through CISD of PWGSC is the lowest level held by any single member of the JV or amalgamation. For example: a Joint Venture with five (5) members is comprised of four members holding a valid Facility Security Clearance (FSC) at the Secret level and one member holding a valid Designated Organization Screening (DOS). 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 SA Authority and obtained a valid FSC at the secret level issued by CISD.
  5. Additional security checks may be conducted by the Identified User.

2. 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 PWGSC.

2020 (2016-04-04) General Conditions - Supply Arrangement - Goods or Services (https://buyandsell.gc.ca/policy-and-guidelines/standard-acquisition-clauses-and-conditions-manual/3/2020/14) apply to and form part of the Supply Arrangement.

2.1 General Conditions

The conditions of any contract awarded under this SA will be in accordance with “C” – Resulting Contract Clauses.

3.2 Supply Arrangement Reporting

The Supplier must compile and maintain records on its provision of services to the federal government under contracts resulting from the SA.

The Supplier must provide a Quarterly Usage Report (QUR) to the SA Authority on a quarterly basis. These submissions must be made by completing and forwarding an electronic copy of the QUR (in Excel format) to the SA Authority to the following e-mail address: tpsgc.spts-tsps.pwgsc@tpsgc-pwgsc.gc.ca

Each QUR must be submitted in accordance with the reporting requirements detailed in Quarterly Usage Report Instructions. If no services are provided during a given period, the Supplier must still provide a "NIL" report. Simply responding NIL by e-mail will not suffice; a copy of the QUR must be opened, completed and submitted. The Supplier understands that failure to comply may result in the cancellation of the SA.

The quarterly reporting periods are defined as follows:

Quarter Period Covered Due on or Before
1st April 1 to June 30 July 15th
2nd July 1 to September 30 October 15th
3rd October 1 to December 31 January 15th
4th January 1 to March 31 April 15th

Failure to provide fully completed quarterly reports in accordance with the above instructions may result in the setting aside or the cancellation of the SA and the application of a vendor performance corrective measure.

3. Term of the Supply Arrangement

3.1 Period of the Supply Arrangement

The SA is valid from date of SA issuance until such time as Canada no longer deems it necessary.

Canada may, by notice in writing to all SA Suppliers and by posting on the Government Electronic Tendering System, cancel this SA or its streams by giving all SA Suppliers at least 30 calendar days notice of the cancellation.

3.2 On-going Opportunity to Qualify

Opportunities for additional bidding may be made available by Canada allowing New Bidders to qualify and Existing Suppliers to submit a bid containing an entirely new bid, or propose to modify their SA by adding Streams. Participation in the refresh solicitations is entirely optional and not required to maintain any TSPS SA.

It is important to note that Suppliers will not be eligible to submit a bid in a refresh period directly following another. For example, if a Supplier submits a bid at Refresh Period 1, the Supplier will not be eligible to submit a bid at Refresh Period 2 as the Supplier’s profile will be disabled in the DCC while the bid is evaluated. This will in no way impact the search results for an existing Supplier’s current SA.

4. Authorities

4.1 Supply Arrangement (SA) Authority

The Supply Arrangement Authority is:

The SA Authority is:

Robert Pilon
Supply Specialist, Online Professional Services Division
Public Works and Government Services Canada
Acquisitions Branch, Professional Services Procurement Directorate

Address:

11 Laurier Street, Place du Portage
Phase III, 10C1
Gatineau, Quebec K1A 0S5
Facsimile: 819-956-9235
E-mail address: tpsgc.spts-tsps.pwgsc@tpsgc-pwgsc.gc.ca

The SA Authority (or its authorized representative) is responsible for the issuance of the SA, its administration and its revision, if applicable. Upon the issuance of an RFP solicitation under the SA by a Client (Federal Department User), that Client's Contracting Authority is responsible for any contractual issues relating to the contract solicited. Any changes to the SA must be authorized in writing by the SA Authority.

The SA Authority is the main delegated authority on behalf of Canada and the Minister for the administration and management of this SA. The SA Authority will act as the overall maintainer of the TSPS SA pre-qualified Supplier's list and will be responsible for ensuring the administration of all SAs.

4.2 Supplier's Representative

This individual is the central point of contact within the Supplier for all matters pertaining to this 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. If a replacement or a new Supplier Representative is required, the Supplier will:

  1. inform Centralized Professional Services System (CPSS) by e-mail at cpss@tpsgc-pwgsc.gc.ca, and
  2. inform the SA Authority by e-mail at TSPS@tpsgc-pwgsc.gc.ca.

    and provide the following information:

    Name:
    Telephone:
    Address: Email:

The Supplier may designate another individual to represent the Supplier for administrative and technical purposes under any contract resulting from this SA.

5. Supplier's Information

Suppliers are responsible for the maintenance of their tombstone data in CPSS. Suppliers must also safeguard the credentials released to the MSC and Supplier's Contacts that enable access to the Supplier Module of CPSS.

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 (Clients)

Subject to signing a Master Level User Agreement, the Identified Users (also called Clients) include any government department, agency or Crown Corporation listed in Schedules I, I.1, II, III, IV and V of the Financial Administration Act,

R.S., 1985, c. F-11 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.

Canada may, at any time, withdraw authority from any of the Identified Users to use the Supply Arrangement.

7. 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 Supply Arrangement;
  2. the general conditions 2020 (2016-04-04), General Conditions - Supply Arrangement - Goods or Services;
  3. Annex "E": Qualified Streams;
  4. Annex "A": Streams;
  5. Annex "B": TSPS Generic Security Requirements Check Lists (SRCLs);
  6. Annex "D": Insurance Requirements; and
  7. the Bidder’s bid received in response to the RFSA solicitation

8. Certifications

8.1 Compliance

Compliance with the certifications provided by the Supplier in the bid is a condition of the 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 bid is untrue, whether made knowingly or unknowingly, Canada retains the right to terminate any resulting contract for default and suspend or cancel the SA.

9. 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, unless otherwise stipulated in the Supplier's bid or resulting contract.

10. Suspension or Cancellation by Canada

In addition to the circumstances identified in 2020 09 (2016-04-04) General Conditions, Supply Arrangements – Good or Services, Canada may, by sending written notice to the Supplier, suspend or cancel the SA where the Supplier has made public any information that conflicts with the terms, conditions, pricing or availability of systems identified in this SA, or where the Supplier is in default in carrying out any of its obligations under this SA.

11. Aboriginal Business Certification (if applicable)

Where an Aboriginal Business Certification has been provided, the Supplier warrants that the certification of compliance is accurate and complete and in accordance with the "Requirements for the Set-aside Program for Aboriginal Business" detailed in Annex 9.4 of the Supply Manual.

If such a Certification has been provided, the Supplier must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The Supplier must obtain written consent of the Contracting Authority before disposing of any such records or documentation before the expiration of six (6) years after final payment under the Contract  , or until settlement of all outstanding claims and disputes, under the Contract, whichever is later. All such records and documentation must at all times during the retention period be open to audit, i by the representatives of Canada, who may make copies and take extracts. The Supplier must provide all reasonably required facilities for such audits.

Nothing in this clause must be interpreted as limiting the rights and remedies, which Canada may otherwise havepursuant to the Contract.

12. Delivery Requirements within a Comprehensive Land Claims Settlement Areas

The SA is not to be used for deliveries within a Comprehensive Land Claims Settlement Area (CLCSA). All requirements for delivery within a CLCSA are to be submitted to PWGSC for individual processing.

13. Environmental Considerations

As part of Canada's policy directing federal departments and agencies to take the necessary steps to acquire products and services that have a lower impact on the environment than those traditionally acquired, Suppliers should:

  1. Regarding Paper consumption:
    • Provide and transmit draft reports, final reports and bids in electronic format. Should printed material be required, double sided printing in black and white format is the default unless otherwise specified by the Project Authority.
    • Printed material is requested on minimum recycled content of 30% and/or certified as originating from a sustainably managed forest.
    • Recycle unneeded printed documents (in accordance with Security Requirements).
  2. Regarding Travel requirements:
    • The Supplier is encouraged to use video and/or teleconferencing where possible to cut down unnecessary travel.
    • Use of Properties with Environmental Ratings: Suppliers to the Government of Canada may access the PWGSC Accommodation directory, which includes Eco-Rated properties. When searching for accommodation, search for properties with Environmental Ratings, identified by Green Keys or Green Leafs that will honour the pricing for contractors.
    • Use of public/green transit where feasible.

SA for Solutions Based Services under the TSPS Project for PWGSC Identified Users.

14. Insurance Requirement

14.1 Insurance Requirements For Contracts issued under a SA for Tier 1, for Stream 1, Stream 2 and Stream 3

The Supplier 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 Supplier is at its own expense and for its own benefit and protection. It does not release the Supplier from or reduce its liability under the Contract.

14.2 Insurance Requirements For Contracts issued under a SA for Tier 1 for Stream 4 and Stream 5 and All Streams Under Tier 2

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

The Supplier is responsible for deciding if additional insurance coverage, such as but not limited to Errors and Omissions Liability insurance, is necessary to fulfill its obligation under the Contract and to ensure compliance with any applicable law. Any additional insurance coverage is at the Supplier's expense, and for its own benefit and protection.

The Supplier must forward to the Contracting Authority within ten (10) working 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. Coverage must be placed with an Insurer licensed to carry out business in Canada. The Supplier must, if requested by the Contracting Authority, forward to Canada a certified true copy of all applicable insurance policies.

15. Travel and Living

The Travel and Living expenses are calculated differently between the Regions and Metropolitan areas and this may affect the total cost of a professional services contract as a result of a bid solicitation under the SA.. Accordingly, if any contract resulting from a solicitation under this SA permits payment to a Contractor in its Basis of Payment for Travel and Living expenses, such expense will only be reimbursed in accordance with the information provided at Supply Arrangement Travel and Living Information.

16. Regions and Metropolitan Areas

Definitions of the Remote/Virtual Access, Regions and Metropolitan Areas are incorporated by reference into this SA. For the purposes of this SA, the Remote/Virtual Access is to be considered as another Region.

The following Regions and Metropolitan Areas may receive professional services under this SA where a Supplier is qualified to do so:

Regions
  • National Capital
  • Atlantic
  • Quebec
  • Ontario
  • Western
  • Pacific
  • Remote/Virtual Access: This is a separate Region and does not include any of the other Regions or Metropolitan Areas. It is a Region that is used when a Client has no preference in terms of where the work is performed.
Metropolitan Areas
  • National Capital
  • Halifax
  • Moncton
  • Montreal
  • Quebec City
  • Toronto
  • Calgary
  • Edmonton
  • Saskatoon
  • Winnipeg
  • Vancouver
  • Victoria

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