Legal text for SACC item
GI1 Definitions GI2 Overview of Selection Procedure GI3 Procurement Business Number GI4 Responsive Proposals GI5 Completion of Submission GI6 Proposal Price GI7 Enquiries During the Solicitation Period GI8 Limitation of Submissions GI9 Licensing Requirements GI10 Eligibility Requirements GI11 Federal Contractors Program for Employment Equity GI12 Insurance Requirements GI13 Industrial and Facility Security Requirements GI14 Composition of Consultant Team GI15 Submission of Proposal GI16 Late Submissions GI17 Revision of Proposal GI18 Acceptance of Proposal GI19 Identity or Legal Capacity of the Proponent GI20 Debriefing GI21 Financial Statements GI22 Performance Evaluation GI1 (2003-05-30) 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. GI2 (2007-05-25) 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. When there are three or more responsive proposals, an average price is determined by adding all the price proposals together and dividing the total by the number of price proposals opened. This calculation will not be conducted when one or two responsive proposals are received. 4. All price proposals which are greater than 25 percent 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. GI3 (2007-05-25) Procurement Business Number Canadian Proponents are required to have a Procurement Business Number (PBN) before Contract award. Proponents may register for a PBN in the Supplier Registration Information service on line at the Business Access Canada Website at: http://contractscanada.gc.ca. For non-Internet registration, Proponents may contact the Business Access Canada InfoLine at 1-800-811-1148 to obtain the telephone number of the nearest Supplier Registration Agent. GI4 (2003-05-30) 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. GI5 (2003-12-12) 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. GI6 (2003-05-30) Proposal Price 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. GI7 (2003-12-12) 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. GI8 (2003-05-30) 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. GI9 (2003-05-30) 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. GI10 (2003-05-30) 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. GI11 (2007-05-25) Federal Contractors Program for Employment Equity 1. The Federal Contractors Program for Employment Equity (FCP-EE) requires that some firms bidding for federal government contracts, valued at $200,000 or more (including all applicable taxes), make a formal commitment to implement employment equity. This is a condition precedent to contract award. If the Propronent is subject to the FCP-EE, evidence of its commitment must be provided before the award of the Contract. Firms who have been declared ineligible contractors by Human Resources and Social Development Canada (HRSDC) are no longer eligible to receive government contracts over the threshold for solicitation of bids as set out in the Government Contract Regulations. Firms may be declared ineligible contractors either as a result of a finding of non-compliance by HRSDC, or following their voluntary withdrawal from the FCP-EE for a reason other than the reduction of their workforce. Any bid from ineligible contractors will not be considered for award of a contract. 2. If the Proponent does not fall within the exceptions enumerated in 3.( a) or (b) below, or does not have a valid certificate number confirming its adherence to the FCP-EE, the Proponent must fax a copy of the signed form LAB 1168, Certificate of Commitment to Implement Employment Equity, to the Labour Branch of HRSDC, at 819-953-8768. The form can be found on the following Service Canada Website: http://www1.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app= profile&form=lab11 68&dept=sc&lang=e. 3. The Proponent certifies its status with the FCP-EE, as follows: The Proponent (a) ( ) is not subject to the FCP-EE, having a workforce of less than 100 permanent full or part-time employees in Canada, (b) ( ) is not subject to the FCP-EE, being a regulated employer under the Employment Equity Act, S.C. 1995, c. 44; (c) ( ) is subject to the requirements of the 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 HRSDC, (having not bid on requirements of $200,000 or more), in which case a duly signed certificate of commitment is attached; (d) ( ) is subject to the FCP-EE, and has a valid certificate number as follows: _______ (e.g. has not been declared ineligible contractor by HRSDC). Further information on the FCP-EE is available on the following HRSDC Website: http://www.hrsdc.gc.ca/en/gateways/topics/wzp-gxr.shtml. GI12 (2007-05-25) Insurance Requirements 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. GI13 (2003-05-30) 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. GI14 (2003-05-30) 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. GI15 (2003-05-30) 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 GI15.1(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. GI16 (2003-05-30) Late Submissions It is PWGSC policy to return, unopened, submissions delivered after the stipulated closing date and time. GI17 (2003-05-30) 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 paragraph GI15.1(e). GI18 (2003-05-30) 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. GI19 (2003-05-30) 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. GI20 (2003-05-30) 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. GI21 (2003-05-30) 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. GI22 (2005-12-16) 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/acquisitions/text/forms/forms-e.html.