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GI 1 Definitions
GI 2 Overview of Selection Procedure
GI 3 Procurement Business Number
GI 4 Responsive Proposals
GI 5 Completion of Submission
GI 6 Proposal Price
GI 7 Enquiries During the Solicitation Period
GI 8 Limitation of Submissions
GI 9 Licensing Requirements
GI 10 Eligibility Requirements
GI 11 Federal Contractors Program for Employment Equity
GI 12 Insurance Requirements
GI 13 Industrial and Facility Security Requirements
GI 14 Composition of Consultant Team
GI 15 Submission of Proposal
GI 16 Late Submissions
GI 17 Revision of Proposal
GI 18 Acceptance of Proposal
GI 19 Identity or Legal Capacity of the Proponent
GI 20 Debriefing
GI 21 Financial Statements
GI 22 Performance Evaluation
GI 1 (30/05/03) Definitions
1. In this Request for Proposal (RFP), the following words or phrases
have the corresponding meaning.
Consultant Team: The team of consultants, specialists and other
firms, including the Proponent, proposed by the Proponent to perform
the services required.
Key Personnel: Staff of the Proponent, consultants and specialists
proposed to be assigned to this project.
Phase One Rating: A rating assigned to a proposal in the first
phase of the selection procedure, the rating being based on the
qualifications and experience of the Consultant Team. The rating is
subsequently used to establish a Phase One Score for inclusion as a
percentage of the total score to be established following the
evaluation and rating of proposals submitted in Phase Two.
Phase Two Technical Rating: A rating assigned to the technical
component of a proposal in the second phase of the selection
procedure and subsequently used to establish a Technical Score for
inclusion as a percentage of the total score to be established
following the evaluation and rating of proposals submitted in Phase
Two.
Price Rating: A rating assigned to the price proposal component of
a proposal in the second phase of the selection procedure and
subsequently used to establish a Price Score for inclusion as a
percentage of the total score to be established following the
evaluation and rating of proposals submitted in Phase Two.
Proponent: The prime consultant entity which submits a proposal.
PWGSC Evaluation Board: The board established to evaluate and rate
proposals. Board members represent a sufficiently broad
cross-section of professional qualifications and experience to
properly assess all aspects of the proposals.
GI 2 (30/05/03) Overview of Selection Procedure
2.1 Phase One Proposal
1. In response to the RFP, interested Proponents submit a Phase One
proposal in which they:
(a) indicate whether the proposal is submitted by an individual
firm or by a joint venture;
(b) if the proposal is submitted by a joint venture, describe the
proposed legal and working relationships of the joint venture
and the benefits to be gained by the formation of the joint
venture;
(c) identify the prime consultants and key sub consultants and
specialists proposed for inclusion in the Consultant Team,
and the proposed organizational structure of the Team;
(d) describe the extent to which proposed members of the
Consultant Team have successfully performed services for
projects comparable to the project which is the subject of
the proposal;
(e) identify the professional accreditation, experience,
expertise and competence of the proposed Consultant Team and
the Key Personnel proposed to be assigned to perform the
required services.
(f) comply with all other requirements set out in the RFP.
2.2 Phase One Proposal Evaluation and Rating
1. Each responsive proposal received is reviewed, evaluated and rated
by a Public Works and Government Services Canada (PWGSC) Evaluation
Board in accordance with the evaluation criteria, components and
weight factors set out in the RFP. Upon completion of the
evaluation, an initial rating (Phase One Rating) is assigned to the
proposal. Phase One Ratings are recorded for subsequent
incorporation in the final proposal evaluation and rating.
2. Each Proponent submitting a responsive Phase One proposal is
notified in writing of its Phase One Rating and, in addition, is
provided with the following:
(a) an alphabetic list (normally five names) of Proponents with
the highest Phase One Ratings;
(b) a list of all Phase One Ratings attained (ratings are not
linked to Proponents);
(c) a date, time, and location for a Phase Two briefing meeting,
if applicable;
(d) the date and time for receipt of Phase Two proposals, and any
supplementary instructions, terms, conditions or addenda
which may be applicable to Phase Two proposal preparation and
submission.
3. Proponents that submitted non-responsive Phase One proposals are
notified accordingly.
2.3 Phase Two Proposal
1. Phase Two proposals are prepared and submitted after Proponents have
been advised of the results of evaluation of Phase One proposals.
All Proponents submitting responsive proposals in Phase One,
regardless of their Phase One Ratings, are eligible to prepare and
submit a Phase Two proposal. The decision to continue participating
in the selection procedure in Phase Two is a decision to be made by
each eligible Proponent.
2. In Phase Two, a Proponent may not substitute or delete any member of
the Consultant Team identified in the Phase One proposal.
3. Phase Two proposals are submitted following a "two-envelope"
procedure, in which Proponents submit the "technical" component of
their proposal in one envelope and the proposed price of the
services (price proposal) in a second envelope.
4. The information that Proponents are required to provide is set out
in detail throughout the RFP.
2.4 Phase Two Proposal Evaluation and Final Rating
1. Technical components of Phase Two proposals are reviewed, evaluated
and rated by a PWGSC Evaluation Board in accordance with the
criteria, components and weight factors set out in the RFP. Upon
completion of the evaluation, Phase Two Technical Ratings are
established.
2. Phase One Rating and Phase Two Technical Rating are combined to
establish a Combined Technical Score. Proposals achieving the
minimum Combined Technical Score specified in the Submission
Requirements and Evaluation section of the RFP are further
considered.
3. The price envelopes of all responsive proposals are opened upon
completion of the technical evaluation. An average price is
determined by adding all the price proposals together and dividing
the total by the number of price proposals opened.
4. All price proposals which are greater than twenty-five percent (25%)
above the average price will cause their respective complete
proposals to be set aside and receive no further consideration.
5. The remaining price proposals are rated as follows:
(a) The lowest price proposal receives a Price Rating of 100.
(b) The second, third, fourth and fifth lowest prices receive
Price Ratings of 80, 60, 40, and 20 respectively. All other
price proposals receive a Price Rating of 0.
(c) On the rare occasion where two (or more) price proposals are
identical, these price proposals receive the same rating and
the corresponding number of following ratings are skipped.
(d) The Price Rating is multiplied by a predetermined percentage
factor to establish a Price Score.
6. A price proposal in excess of any maximum funding limit, when this
limit has been set in the Supplementary Instructions to Proponents,
will result in disqualification of the complete proposal.
2.5 Total Score
1. The total overall score (Total Score) assigned to each Proponent's
complete proposal is calculated as the aggregate of:
(a) the Phase One Score (Phase One proposal on qualifications and
experience), and
(b) the Phase Two Technical Score (first envelope of Phase Two
proposal), and
(c) the Price Score (second envelope of Phase Two proposal).
2. The Proponent receiving the highest Total Score is the first entity
that the PWGSC Evaluation Board will recommend be approached in
order to finalize details of an agreement for the provision of the
required services.
2.6 Notification
PWGSC normally expects to advise in writing unsuccessful Proponents within
one week after PWGSC has entered into a contractual arrangement with the
successful Proponent.
GI 3 (14/05/04) Procurement Business Number
1. For procurement purposes, the Government of Canada uses a unique
Procurement Business Number (PBN) to identify a company and its
branches, divisions, or offices, where appropriate. The PBN is
created using the entity's Canada Revenue Agency Business Number.
2. All Canadian companies are required to have a PBN prior to contract
award in order to receive a PWGSC contract. In exceptional
circumstances, PWGSC may decide to award, at its own discretion, a
contract to a company without a PBN. Non-Canadian companies are
strongly encouraged to obtain a PBN.
3. Companies may register for a PBN in the Supplier Registration
Information (SRI) service on line at the Contracts Canada Internet
site at: http://contractscanada.gc.ca. In order for companies to
be sourced by government buyers, they must complete the registration
process and activate their account in the SRI service.
4. For non-Internet registration, contact the Contracts Canada InfoLine
at 1-800-811-1148 or (819) 956-3440, in the National Capital Area,
to obtain the telephone number of the nearest Supplier Registration
Agent.
GI 4 (30/05/03) Responsive Proposals
To be considered responsive, a proposal must meet all of the mandatory
requirements set out in the RFP. No further consideration in the selection
procedure will be given to a Proponent submitting a non-responsive proposal.
GI 5 (12/12/03) Completion of Submission
The Proponent shall base the proposal on the applicable proposal documents
listed in the Supplementary Instructions to Proponents. It is the
responsibility of the Proponent to obtain clarification of any of the terms,
conditions or technical requirements contained in the RFP.
GI 6 (30/05/03) Proposal Price
1. Unless specified otherwise elsewhere in the proposal documents:
(a) the price proposal shall be in Canadian currency, and
(b) the price proposal shall not include any amount for the Goods
and Services Tax or the Harmonized Sales Tax as may be
applicable, and
(c) exchange rate fluctuation protection is not offered, and
(d) any request for exchange rate fluctuation protection will not
be considered, and will render the proposal non-responsive.
GI 7 (12/12/03) Enquiries During the Solicitation Period
1. Any question or request for clarification during the solicitation
period must be submitted in writing by the prime contact of a
Proponent to the person identified on the front page of the RFP.
Responses will be sent by PWGSC to the prime contact of the
Proponent, who will be responsible for internal distribution as
required within the Proponent's Consultant Team.
2. To ensure equality of information provided to Proponents, answers to
significant enquiries will be forwarded simultaneously to each
Proponent.
3. Enquiries are to be directed ONLY to the person referred to in
paragraph 1 above. Non-compliance with this condition during the
solicitation period may, for that reason alone, result in the
disqualification of the proposal.
GI 8 (30/05/03) Limitation of Submissions
1. While there is no requirement for firms to participate in this
procurement in joint venture, they may elect to do so if they see
fit. However, only one submission per proponent will be accepted,
whether it is submitted by a firm as an individual Proponent or by
that firm as part of a joint venture Proponent. If more than one
submission is received from a firm acting either individually or in
joint venture, all such submissions shall be rejected and no further
consideration shall be given to the firm or to any proposed joint
venture of which the firm forms part.
2. A joint venture is defined as an association of two or more parties
which combine their money, property, knowledge, skills, time or
other resources in a joint business enterprise agreeing to share the
profits and the losses and each having some degree of control over
the enterprise.
3. An arrangement whereby Canada contracts directly with a prime
consultant who may retain sub-consultants or specialist consultants
to perform portions of the services is not a joint venture
arrangement. A sub-consultant or specialist consultant firm may,
therefore, be proposed as part of the Consultant Team by more than
one Proponent.
4. Notwithstanding subsection 3 above, in order to avoid any conflict
of interest, or any perception of conflict of interest, no firm
acting as an individual Proponent or as part of a joint venture
Proponent, shall be proposed as a member of another Proponent's
Consultant Team, either as a sub-consultant or specialist consultant
or as part of another joint venture Proponent. Failure to comply
with this limitation will result in all submissions so involved
being rejected.
5. The Phase Two portion of the proposal must be made in the same name
as the entity named as the Proponent in the Phase One portion.
Proponents must utilize, in the preparation of their Phase Two
proposal, the same Consultant Team, firms and individuals named in
the Phase One proposal.
6. Any joint venture entered into for the provision of professional
services or other services must be in full compliance with the
requirements of any provincial or territorial law pertaining thereto
in the Province or Territory in which the project is located.
GI 9 (30/05/03) Licensing Requirements
1. Consultant Team members and Key Personnel shall be, or be eligible
to be licensed, certified or otherwise authorized to provide the
necessary professional services to the full extent that may be
required by provincial or territorial law in the Province or
Territory in which the project is located.
2. By virtue of submission of a Phase One proposal, the Proponent
certifies that the Proponent is satisfied that the proposed
Consultant Team and Key Personnel are in compliance with the
requirements of subsection 1. The Proponent acknowledges that PWGSC
reserves the right to verify any information in this regard and that
false or erroneous certification may result in the proposal being
declared non-responsive.
3. Should a verification by PWGSC disclose that the certification
referred to in subsection 2 is false or in error, PWGSC shall have
the right to reject any Phase Two proposal arising from the Phase
One proposal.
GI 10 (30/05/03) Eligibility Requirements
1. Proponents are advised that a Proponent may be deemed to be
ineligible for selection at any time if:
(a) any firm or individual included in the Consultant Team has
been convicted under section 121 ("Frauds on the government"
& "Contractor subscribing to election fund"), 124 ("Selling
or purchasing office"), or 418 ("Selling defective stores to
Her Majesty") of the Criminal Code;
(b) the Proponent has been declared ineligible for selection,
following unsatisfactory performance in a previous project as
determined in accordance with the department's performance
review procedures;
(c) any firm or individual included in the Consultant Team has
been declared ineligible, for selection for work with the
department in accordance with the performance review
procedure referred to in paragraph 1. (b), which
ineligibility would render the individual ineligible for
selection for the work, or the portion of the work the
individual is to perform, under any contractual arrangement
resulting from submission of the proposal;
(d) with respect to current or prior transactions with the
Government of Canada,
(i) the Proponent is bankrupt or where, for whatever
reason, its activities are rendered inoperable for an
extended period;
(ii) evidence, satisfactory to Canada, of fraud, bribery,
fraudulent misrepresentation or failure to comply with
any law protecting individuals against any manner of
discrimination, has been received with respect to any
firm or individual included in the Consultant Team;
(iii) Canada has previously exercised or intends to exercise
the contractual remedy of taking the services out of
the consultant's hands with respect to any commission
or contract with any firm or individual included in
the Consultant Team;
(iv) Canada determines that the performance of the
Proponent on other contracts or commissions, including
the quality of the services provided and the quality
and timeliness of the delivery of the project, is
sufficiently poor to jeopardize the successful
completion of the requirement which is the subject of
the Initial Proposal.
2. Where Canada intends to declare a firm ineligible pursuant to the
provisions contained in subsection 1 above, other than provision 1.
(b), the Minister will so inform the firm and provide the firm ten
(10) days within which to make representations, prior to making a
final decision regarding the ineligibility of the firm.
GI 11 (14/05/04) Federal Contractors Program for Employment Equity
1. The Federal Contractors Program for Employment Equity (FCP-EE)
requires that some organizations making proposals for federal
government contracts, valued at $200,000 or more (including all
applicable taxes), make a formal commitment to implement employment
equity, as a condition precedent to the contract award. If the
Proponent is subject to the Program, evidence of its commitment must
be provided prior to the award of any contract.
2. Proponents that have been declared "Ineligible Proponents" by
Department of Human Resources and Skills Development (HRSD) are no
longer eligible to receive government contracts over the threshold
for solicitation of bids as set out in the Government Contract
Regulations (currently at $25,000, including all applicable taxes),
either as a result of a finding of non-compliance by HRSD, or
following their voluntary withdrawal from the Program for a reason
other than the reduction in their workforce. Any proposal from
ineligible proponents will not be considered for award.
3. The Proponent certifies its status with FCP-EE, as follows:
The Proponent
(a) is not subject to FCP-EE, having a workforce of less than 100
permanent full or part-time employees in Canada,
(b) is not subject to FCP-EE, being a regulated employer under
the Employment Equity Act;
(c) is subject to the requirements of FCP-EE, having a workforce
of 100 or more permanent full or part-time employees in
Canada, but has not previously obtained a certificate number
from HRSD, (having not submitted proposals on requirements of $200,000
or more), in which case a duly signed certificate of
commitment is provided herewith (attached);
(d) is subject to FCP-EE, and has a valid certification number as
follows: (e.g. has not been declared "Ineligible Proponent"
by HRSD).
4. If the Proponent does not fall within the exceptions enumerated in 3.
(a) or (b), the Program requirements do apply, and as such, the
Proponent is required to submit HRSD form LAB 1168, Certificate of
Commitment to Implement Employment Equity, DULY SIGNED or a valid
Certificate number confirming its adherence to the FCP-EE.
5. The Proponent acknowledges that the Minister shall rely on this
certification to award the Contract. Should a verification by the
Minister disclose a misrepresentation on the part of the Proponent,
the Minister shall have the right to treat any contract resulting
from this proposal as being in default, and to terminate it pursuant
to the Default provisions of the Contract.
6. When submitting a proposal, the Proponent should complete and return
with the proposal the applicable certification for the "Federal
Contractors Program for Employment Equity" included in the
Declaration Form attached hereto.
7. In all cases, the Proponent is required to produce evidence or
supporting information on demand prior to contract award, if such
evidence is not included with its proposal.
NOTE: Information on the FCP-EE and the Certificate of Commitment (LAB
1168), are available on the following HRSD Website: http://info.load-otea.hrdc-drhc.gc.ca/
workplace_equity/home.shtml and http://www.hrdc-drhc.gc.ca/fas-sfa/
eforms/labnm1e.shtml#lab1168, respectively.
GI 12 (30/05/03) Insurance Requirements
1. The successful Proponent shall be required to obtain and maintain
Professional Liability and Commercial General Liability insurance
coverage in accordance with the requirements set out elsewhere in
the proposal documents.
2. No insurance requirement stipulated in the proposal documents should
be construed as limiting any insurance required by federal,
provincial or municipal law or as may be required under GC 9.1.
Neither should it limit any coverage which the successful Proponent
and other members of the Consultant Team may consider to be
necessary for their own protection or to fulfill their obligations.
3. By virtue of submission of a proposal, the Proponent certifies that
the Proponent and the other members of the Consultant Team as may be
applicable are capable of obtaining, and will obtain and maintain
liability insurance in accordance with the requirements set out in
the proposal documents.
GI 13 (30/05/03) Industrial and Facility Security Requirements
1. Proponents shall take note of, and comply with, any industrial
security or facility security requirement which may be stipulated as
a requirement in the proposal and Agreement documents. If
industrial security or facility security is required, employees and
staff of the Proponent and other members of the Consultant Team
involved in the project implementation must either be in possession
of, or agree to be investigated for, a valid, appropriate level of
personnel security screening that may be required under the
provisions of the RFP.
2. If security screening is required, each person involved in the
project implementation must hold such security screening prior to
the commencement of any work.
3. In all contractual arrangements with persons who are to be employed
in the performance of the services, the successful Proponent shall
make provision for the performance of any obligation that may be
imposed upon the Proponent under the provisions of this clause.
GI 14 (30/05/03) Composition of Consultant Team
By submitting a proposal, the Proponent represents and warrants that the
entities and persons proposed in the proposal to perform the required
services will be the entities and persons that will perform the services in
the fulfillment of the project under any contractual arrangement arising
from submission of the proposal. If the Proponent has proposed any person
in fulfillment of the project who is not an employee of the Proponent, the
Proponent warrants that it has written permission from such person (or the
employer of such person) to propose the services of such person in relation
to the services to be performed.
GI 15 (30/05/03) Submission of Proposal
1. It is the Proponent's responsibility to:
(a) submit a signed Phase One proposal, duly completed, IN THE
FORMAT REQUESTED, on or before the closing date and time set
for Phase One proposals;
(b) submit, at the Proponent's discretion, a signed Phase Two
proposal, duly completed, IN THE FORMAT REQUESTED, on or
before the closing date and time set for Phase Two proposals;
(c) direct proposals ONLY to the designated office identified on
the front page of the RFP;
(d) the proposal shall be signed in accordance with the following
requirements:
(i) Corporation
The signatures of the authorized signatories shall be
affixed and their names and titles typed or printed.
(ii) Partnership
The signatures of the partners shall be affixed and
their names typed or printed. If not all of the
partners sign or if the signatory is not a partner
then a certified true copy of the agreement signed by
all partners authorizing such person or persons to
execute the document on their behalf shall accompany
the proposal.
(iii) Sole Proprietorship
The signature of the sole proprietor shall be affixed
and the name typed or printed. In the event that the
signatory is not the sole proprietor then a certified
true copy of the agreement signed by the sole
proprietor authorizing such person or persons to
execute the document shall accompany the proposal.
(iv) Joint Venture
The signatures of the authorized signatories of each
member of the joint venture shall be affixed and their
names and titles typed or printed. Each of the
participating signatories shall sign the document in
the manner applicable to their particular business
arrangement which is more particularly described in (i)
to (iii) above.
(e) ensure that the following information is clearly visible:
(i) Proponent's name and address,
(ii) Name of Proponent's prime contact person,
(iii) Solicitation Number and Description,
(iv) Closing date and time for receipt of proposals.
(f) provide a comprehensive and sufficiently detailed proposal
for each phase that will permit a complete evaluation in
accordance with the criteria set out in this RFP.
2. The technical and price components of the Phase Two proposal must be
submitted in separate, easily identified envelopes in accordance
with the instructions contained in the proposal documents. Both
envelopes shall be submitted as one package which shall clearly and
conspicuously display and indicate on the outside of the package the
information identified in paragraph 1.(e) above.
3. Timely and correct delivery of proposals to the office designated
for receipt of proposals is the sole responsibility of the Proponent.
PWGSC will not assume or have transferred to it those
responsibilities. All risks and consequences of incorrect delivery
of proposals are the responsibility of the Proponent.
4. Proposals and supporting information may be submitted in either
English or French.
GI 16 (30/05/03) Late Submissions
It is PWGSC policy to return, unopened, submissions delivered after the
stipulated closing date and time.
GI 17 (30/05/03) Revision of Proposal
A proposal submitted in accordance with these requirements may be amended
by letter or facsimile provided the revision is received at the office
designated for the receipt of proposals, on or before the date and time set
for the receipt of proposals. The revision must be on the Proponent's
letterhead or bear a signature that identifies the Proponent, and must
clearly identify the change(s) to be applied to the original proposal. The
revision must also include the information identified in GI 15 1.(e),
Submission of Proposal.
GI 18 (30/05/03) Acceptance of Proposal
1. Canada may accept any proposal, or may reject any or all proposals.
2. In the case of error in the extension or addition of unit prices,
the unit price will govern.
3. While Canada may enter into an agreement or contractual arrangement
without prior negotiation, Canada reserves the right to negotiate
with Proponents on any procurement.
GI 19 (30/05/03) Identity or Legal Capacity of the Proponent
In order to establish the legal capacity under which a Proponent proposes
to enter into a contractual arrangement, any Proponent who carries on
business in other than its own personal name shall, if requested, provide
proof of the legal capacity under which it carries on business prior to the
contractual arrangement being entered into. Such proof may be in the form
of a copy of the articles of incorporation or a copy of the registration of
the business name of a sole proprietor, of a trade name, of a partnership,
etc.
GI 20 (30/05/03) Debriefing
A debriefing will be provided, on request, only following entry by PWGSC
into a contractual arrangement with the successful Proponent. Should a
Proponent desire a debriefing, the Proponent should contact the person
identified on the front page of the RFP. The debriefing will include an
outline of the reasons the submission was not successful, making reference
to the evaluation criteria. The confidentiality of information relating to
other submissions will be protected.
GI 21 (30/05/03) Financial Statements
1. In order to confirm a Proponent's financial capability to perform
the subject requirement, the Contracting Authority reserves the
right to have access, during the proposal evaluation phase, to
current proponent financial information. If requested, the
financial information to be provided shall include, but not be
limited to, the Proponent's most recent audited financial statements
or financial statements certified by the Proponent's chief financial
officer.
2. Should the proponent provide the requested information to Canada in
confidence while indicating that the disclosed information is
confidential, then Canada will treat the information in a
confidential manner as provided in the Access to Information Act.
3. In the event that a proposal is found to be non-compliant on the
basis that the proponent is considered NOT to be financially capable
of performing the subject requirement, official notification shall
be provided to the proponent.
GI 22 (30/05/03) Performance Evaluation
Proponents shall take note that the performance of the Consultant during
and upon completion of the services shall be evaluated by Canada. The
evaluation include all or some of the following criteria: Design, Quality
of Results, Management, Time and Cost. Should the Consultant's performance
be considered unsatisfactory, the Consultant may be declared ineligible for
future Real Property contracts. An electronic version of the form
PWGSC-TPSGC 2913-1, SELECT - Consultant Performance Evaluation Report, used
to record the performance is available on the PWGSC Website: http://www.pwgsc.gc.ca
/sos/corporate/forms-e.html.