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Supplemental Standard Instructions - Telecommunications

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Part I: Standard Instructions and Conditions

The following standard instructions and conditions cover the regulatory framework, certifications and evaluation procedures.

01 Regulatory Framework

  1. Canada recognizes that bidders may be subject to regulation by the Canadian Radio-television and Telecommunications Commission (CRTC) in respect of some or all of the services or products required under the bid solicitation. As a result, the Bidder may:
    1. be subject to regulation by the CRTC, but not require CRTC tariff approval to provide the services or products it proposes to Canada in its bid;
    2. be subject to regulation by the CRTC and propose services or products to Canada in its bid in accordance with an existing tariff that has already been approved by the CRTC; or
    3. be subject to regulation by the CRTC and propose services or products to Canada in its bid in accordance with a new tariff (or an amendment to an existing tariff) that has not yet been approved by the CRTC.
  2. Despite the fact that individual bidders may be regulated differently by the CRTC, or that individual bidders' existing tariffs may be inconsistent with Canada's requirements, all bids will be evaluated in accordance with the evaluation process described in the bid solicitation.

02 Bidders' Responsibilities in Relation to Regulatory Framework

  1. It is the sole responsibility of the Bidder to:
    1. identify any CRTC regulations or rulings to which it may be subject in relation to the bid solicitation and any resulting contract;
    2. obtain all approvals required to allow the Bidder to deliver the services and products at the prices it proposes in its bid; and
    3. raise with Canada, during the enquiry period, any concerns about conflicts between the bid solicitation (including the resulting contract clauses) and any CRTC regulations or rulings, by identifying:
      1. the specific requirement in the bid solicitation that creates the conflict; and
      2. the specific provisions of CRTC regulations or rulings that affect the bid solicitation requirement (including document titles, dates, page and paragraph numbers).
  2. Bidders may wish, in preparing their bids, to seek interpretations from the CRTC if they are in doubt as to whether or not the services, products and prices they propose to Canada in their bid are subject to and in accordance with an existing tariff or require the filing of an amendment to an existing tariff or a new tariff.
  3. The Contracting Authority will consider issues of conflicts between the requirements of the bid solicitation and CRTC regulations or rulings raised by bidders during the enquiries period and may, in its sole discretion, amend the bid solicitation if it determines that amendments are consistent with Canada's operational requirements. However, Canada will not compromise its operational requirements to accommodate individual bidders' corporate or regulatory circumstances.

03 Regulatory Certifications for Bids including Non-regulated or Forborne Services or Products

Bidders proposing services, products and prices to Canada that are not subject to any tariff must provide the certification in Regulatory Form A.

04 Regulatory Certifications for Bids made under Existing Tariffs

  1. Bidders proposing services, products and prices to Canada in accordance with an existing tariff that has already been approved by the CRTC must provide the following:
    1. a complete copy of the tariff or the specific URL where that tariff can be found, together with any information required to identify the tariff; and
    2. the certification set out in Regulatory Form B.
  2. Following the bid closing date, during the evaluation period, the Bidder must immediately advise the Contracting Authority of any ruling from the CRTC relating to this tariff that affects its ability to provide the services, products or prices proposed in its bid.

05 Regulatory Certifications for Bids made under Tariffs not yet Approved by the Canadian Radio-television and Telecommunications Commission

  1. Bidders proposing services, products and prices to Canada in their bid under a proposed new tariff (or an existing tariff and a proposed amendment to that tariff) not yet approved by the CRTC must provide the following:
    1. a complete copy of the proposed new tariff (or the existing tariff and the proposed amendment to that existing tariff) or the specific URL where that tariff can be found, together with any information required to identify the tariff; and
    2. the certification set out in Regulatory Form C.
  2. The Bidder is requested to include in its bid its best pre-estimate of the date by which the proposed new tariff or amendment will likely be approved by the CRTC. This pre-estimate is for information purposes only.
  3. Following the bid closing date, during the evaluation period, the Bidder must immediately advise the Contracting Authority of any ruling from the CRTC relating to this tariff that affects its ability to provide the services, products or prices proposed in its bid.

06 Evaluation Procedures for Bids based on a Draft Tariff

  1. The following procedures apply to the top-ranked bid identified according to the evaluation process described in the bid solicitation, if some or all of the proposed services or products will be subject to a proposed new tariff or an existing tariff subject to a proposed amendment (collectively referred to as the "Draft Tariff").
  2. Unless the Bidder receives approval sooner, the Contracting Authority will allow no less than the following time period for the Bidder to obtain interim approval of the Draft Tariff from the CRTC:
    1. if the CRTC considers the application on an ex parte basis, no fewer than forty-five (45) working days following the bid closing date; or
    2. if the CRTC uses a public process to consider the application, no fewer than sixty (60) working days following the bid closing date.

    Following this period, the Contracting Authority may, at any time, require the Bidder to obtain interim approval from the CRTC on ten (10) working days' notice. The Contracting Authority may, in its sole discretion, extend this ten (10) working day period. In determining whether or not to grant such an extension, the Contracting Authority may request from the Bidder any information it requires to consider the request and the impact of the request on Canada's operational requirements. The time periods described above (including extensions authorized by the Contracting Authority) are collectively referred to as the "Allotted Approval Time".

  3. If the Bidder does not, within the Allotted Approval Time, obtain interim approval of the Draft Tariff from the CRTC, the Contracting Authority will declare the bid non-responsive.
  4. If, in the Allotted Approval Time, a bidder receives interim approval of its Draft Tariff in the form in which it was filed (i.e., the CRTC's interim approval is not subject to conditions and the Bidder was not required to revise the Draft Tariff in order to obtain interim approval), the Contracting Authority will recommend the bid for contract award, subject to the provisions of the bid solicitation.
  5. If, in the Allotted Approval Time, the Bidder receives interim approval of its Draft Tariff, but the interim approval is subject to conditions or the Bidder is required to revise the Draft Tariff in order to obtain interim approval, then:
    1. the Bidder must submit the following to the Contracting Authority (all within five (5) working days following the expiry of the Allotted Approval Time):
      1. the Draft Tariff in the form approved by the CRTC or the specific URL where that tariff can be found, together with any information required to identify the tariff;
      2. a list of any conditions subject to which the CRTC has given the interim approval;
      3. a list of all revisions made to the version of the Draft Tariff originally submitted with the bid and an explanation of how these changes affect the bid; and
      4. Regulatory Form D.
    2. Canada will review this submission and, in respect of the aspects of the bid that are affected by the revisions, Canada will determine whether the amendments to the original Draft Tariff affect:
      1. the Bidder's compliance with the mandatory requirements of the bid solicitation;
      2. the Bidder's score under the rated requirements of the bid solicitation, if any; or
      3. the Bidder's ranking vis-à-vis other bidders in accordance with the evaluation process described in the bid solicitation.
    3. If Canada determines that the Bidder remains responsive and that its ranking vis-à-vis other bidders has been unaffected by the amendments to the Draft Tariff, the Contracting Authority will recommend the bid for contract award, subject to the provisions of the bid solicitation.
    4. If Canada determines that, as a result of the revisions to the Draft Tariff, the Bidder is either no longer responsive or is no longer the top-ranked bidder, Canada will proceed to consider the next-ranked bid for contract award, subject again to the provisions of the bid solicitation relating to the approval of any Draft Tariff.
    5. If a contract is awarded on the basis of an interim approval of a Draft Tariff, Canada may request that all bidders that have submitted responsive bids extend the validity period of their bids until final approval is granted by the CRTC. If Canada terminates the contract as a result of the form of the CRTC's final approval of the Draft Tariff, Canada may, at its option:
      1. cancel the bid solicitation;
      2. award the contract to the next-highest-ranked bidder whose bid is still valid (i.e., a bid that the Bidder extended), in accordance with the provisions of the bid solicitation; or
      3. reissue a bid solicitation for the requirement.

      Bidders will have no obligation to extend the validity period for their bids; however, bidders who do not extend the validity period for their bids will not qualify for acceptance if Canada, following termination of the original contract, chooses option (ii) above.

  6. If, during the Allotted Approval Time, the CRTC provides final approval of the Draft Tariff, the same procedure will be followed that would apply if the CRTC had provided interim approval only.
  7. This procedure has been developed in order to allow bidders who are required to submit new or revised tariffs to the CRTC to comply with the requirements of the bid solicitation to compete for this requirement. This procedure will also ensure that bidders have an opportunity, if the services or products to be provided under any resulting contract constitute a "bundle" pursuant to any rulings issued by the CRTC, to seek approval to provide these services and products.
  8. A period of time has been allotted for bidders to complete any necessary processes with the CRTC. However, the time allowed for these processes must also be consistent with Canada and the client's operational requirements. The Contracting Authority will only grant extensions that it considers compatible with these operational requirements.
  9. If, during the bid evaluation period, Canada proceeds to consider the next-ranked bidder under paragraph 5.(e), it may request that all remaining responsive bidders extend the validity periods for their bids. Bidders will have no obligation to extend the validity periods of their bid. However, Canada will only continue to consider bids that remain valid for acceptance.

Part II: Regulatory Forms

Unless otherwise indicated in the bid solicitation, bidders are requested to submit these regulatory forms with their bids on or before the bid closing date. If a bidder has not included any required regulatory form or has not, in the Contracting Authority's view, completed the form properly, the Contracting Authority will provide the Bidder with an opportunity to submit the forms during the evaluation period. If the Bidder does not submit the forms within the period set by the Contracting Authority, its bid will be declared non-responsive.

If different services or products proposed by the Bidder are subject to different regulatory circumstances - for example, if some services or products are non-regulated or forborne, some services or products are subject to existing tariffs, and some services or products are proposed to be subject to new or amended tariffs - the Bidder is required to submit Regulatory Forms A, B and C and specify which services or products fit into each of these categories. Given that the CRTC regulates different suppliers in different ways, this certification is required from each member of any joint venture bidder.

Regulatory Form A: Regulatory Certification for Bids including Non-regulated or Forborne Services or Products

By submitting a bid, the Bidder certifies that, on bid closing date, the services, products and prices proposed to Canada in this bid are not subject to any existing tariff and, to the best of the Bidder's knowledge, based on an examination of all the information available to it on the bid closing date, the Bidder is not required to submit any tariff to the CRTC to provide the services or products to Canada at the prices proposed.

This Certification applies to the following services and products:

_____________________________________________________________

Regulatory Form B: Regulatory Certification for Bids made under Existing Tariffs

By submitting a bid, the Bidder certifies that it has submitted a complete and true copy of all existing tariffs that apply to the services and products described in its bid. The Bidder also certifies that:

  • on bid closing date, the services, products and prices it has proposed are in full compliance with the tariffs that apply and, to the best of the Bidder's knowledge, based on an examination of all the information available to it on the bid closing date, it is not required to file any additional tariffs or amendments to provide these services and products at these prices;
  • the tariffs that apply do not include any rate ranges and all prices in the tariffs are firm (meaning they will not change during the contract period); and
  • it will immediately provide to the Contracting Authority any amendments made to these existing tariffs before contract award.

This Certification applies to the following services and products:

____________________________________________________________________________

Regulatory Form C: Regulatory Certification for Bids made under Tariffs not yet approved by the Canadian Radio-television and Telecommunications Commission

By submitting a bid, the Bidder certifies that it has submitted a complete and true copy of all proposed new tariffs (or all the existing tariffs that apply and the proposed amendments to those tariffs) that apply to the services and products described in its bid. The Bidder also certifies that:

  • the proposed new tariff (or the existing tariff and the proposed tariff amendment) has been submitted to the CRTC for approval;
  • the tariffs that apply do not include any rate ranges and all prices in the tariffs are firm (meaning they will not change during the contract period); and
  • on bid closing date, the services, products and prices it has proposed are in full compliance with the proposed new tariffs (or amended tariffs).

This Certification applies to the following services and products:

____________________________________________________________________________

Regulatory Form D: Post-Bid-Closing Regulatory Certification regarding Approval of New or Amended Tariffs

This form is required only after bid closing date if the bid is based on a new or amended tariff - see the section of Part I, Evaluation Procedures for Bids based on a Draft Tariff. For a bid made by a joint venture, this certification would be required from each member of the joint venture bidder that submitted a tariff to the CRTC for approval.

The Bidder certifies that it has submitted a complete and true copy of all the new or amended tariffs, in the form approved by the CRTC on an interim basis, that apply to the services and products described in its bid. The Bidder also certifies that:

  • the services, products and prices it has proposed are in full compliance with the new or amended tariffs, as approved by the CRTC on an interim basis, and do not, to the best of the Bidder's knowledge, based on an examination of all the information available to it on the date set out below, require that any additional tariffs or amendments be filed;
  • it has identified in writing to the Contracting Authority all changes made to the version of the Draft Tariff originally submitted with its bid;
  • it will immediately advise the Contracting Authority regarding the final approval status of the Draft Tariff; and
  • if the Draft Tariff is further amended as part of the CRTC approvals process, the Bidder understands that it must immediately provide those amendments to the Contracting Authority.

This Certification applies to the following services and products:

____________________________________________________________________________

Signature of the Bidder_______________________________________

Print Name of the Bidder_______________________________________

Print Title of representative of the Bidder_______________________________________

Date Signed_______________________________________