ARCHIVED General Instructions to Proponents (GI)

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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
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.

       Technical Rating:  A rating assigned to the technical component of a 
       proposal  in the selection procedure and subsequently used to 
       establish a Technical Score for inclusion as a percentage of the 
       total score.

       Price Rating:  A rating assigned to the price component of a 
       proposal 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 technical proposals.

       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.

       Technical Rating:  A rating assigned to the technical component of a 
       proposal in the selection procedure and subsequently used to 
       establish a Technical Score for inclusion as a percentage of the 
       total score.

GI2    (2007-05-25)  Overview of Selection Procedure

2.1    Proposal
 
1.     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.

2.     The information that Proponents are required to provide is set out 
in detail elsewhere in the RFP.

3.     In response to the RFP, interested Proponents submit a 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    Proposal Evaluation and Rating

1.     Technical components of all responsive proposals are reviewed, 
       evaluated and rated by a Public Works and Government Services Canada 
       (PWGSC) Evaluation Board in accordance with the criteria, components 
       and weight factors set out in the RFP.  Upon completion of the 
       evaluation, Technical Ratings are established.

2.     Proposals achieving the minimum 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.

2.3    Total Score
 
1.     The total overall score (Total Score) assigned to each Proponent's 
       complete proposal is calculated as the aggregate of:

       (a)    the Technical Score (first envelope of the proposal), and

       (b)    the Price Score (second envelope of the 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.

2.4    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    (2010-01-11)  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 on the Business Access Canada Web 
site.  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    (2003-05-30)  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 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    (2003-05-30)  Enquiries During the Solicitation Period

1.     Any questions or requests 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 Request 
       for Proposal.  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 paragraph 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.     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 proposal, the Proponent certifies that 
       the Proponent is satisfied that the proposed Consultant Team and Key 
       Personnel are in compliance with the requirements of paragraph 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.

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 paragraph 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   (2010-01-11)  Federal Contractors Program

1.     The Federal Contractors Program  (FCP) requires that some firms, 
       including a Proponent who is a member of a joint venture, 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 Proponent, or, if the Proponent is a joint 
       venture and if any member of the joint venture, is subject to the 
       FCP, evidence of its commitment must be provided before the award of 
       the Contract.

       Firms who have been declared ineligible contractors by Human 
       Resources and Skills Development Canada (HRSDC) are no longer 
       eligible to receive government contracts over the threshold for 
       solicitation of bids as set out in the Government Contracts 
       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 for a reason other than the 
       reduction of their workforce to less than 100 employees.  Any bids 
       from ineligible contractors, including a bid from a joint venture 
       that has a member who is an ineligible contractor, will be declared 
       non-responsive.

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, the Proponent must fax 
       (819-953-8768) a copy of the signed form LAB 1168, Certificate of 
       Commitment to Implement Employment Equity, to the Labour Branch of 
       HRSDC.

3.     The Proponent, or, if the Proponent is a joint venture the member of 
       the joint venture, certifies its status with the FCP, as follows:

       The Proponent or the member of the joint venture 

       (a)    (    ) is not subject to the FCP, having a workforce of less 
                     than 100 full-time or part-time permanent employees,  
                     or temporary employees having worked 12 weeks or more 
                     in Canada,

       (b)    (    ) is not subject to the FCP, being a regulated employer 
                     under the Employment Equity Act, S.C. 1995, c. 44;

       (c)    (    ) is subject to the requirements of the FCP, having a 
                     workforce of 100 or more  full time or part-time 
                     permanent employees, or temporary employees having 
                     worked 12 weeks or more 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, and has a valid certificate 
                     number as follows: _______ (e.g. has not been declared 
                     an ineligible contractor by HRSDC).

       For more information on the FCP, visit the HRSDC Web site.

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 proposal, duly completed, IN THE FORMAT 
              REQUESTED, on or before the closing date and time set;

       (b)    direct proposals ONLY to the designated office identified on 
              the front page of the RFP;

       (c)    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. 
       (d)    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.

       (e)    provide a comprehensive and sufficiently detailed proposal 
              that will permit a complete evaluation in accordance with the 
              criteria set out in this RFP.

2.     The technical and price components of the 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.(d) 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 GI 15.1.(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   (2010-01-11)  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.  The form PWGSC-TPSGC 2913-1, SELECT - 
Consultant Performance Evaluation Report, is used to record the performance.