Solicitation No. - N° de l'invitationAmd. No. - N° de la modif.Buyer ID - Id de l'acheteur
Client Ref. No. - N° de réf. du clientFile No. - N° du dossierCCC No./N° CCC - FMS No/ N° VME
rESULTING CONTRACT CLAUSES AND BID SOLICITATION DOCUMENTS
cyber protection
supply arrangement (CPSA)
Work Stream X (indicate work stream number)
Request for PROPOSAL
for
(Indicate category/level)
for
(indicate name of client dept)
Solicitation no. (insert solicitation #)
closing: (insert closing date and time)
Note to Contract Authority: Select one of the options below or delete both options if this is a new requirement.
OPTION 1: Delete if not applicable
There is currently a vendor providing similar services who is eligible to bid on this requirement. Vendors invited on this requirement are encouraged to submit a bid.
OPTION 2: Delete if not applicable
There has been a vendor providing similar services within the last six (6) months who is eligible to bid on this requirement. Vendors invited on this requirement are encouraged to submit a bid.
This RFP is issued against the Cyber Protection Supply Arrangement (CPSA), PWGSC File No. W2213-050347. All terms and conditions of the CPSA apply and shall be incorporated into any resulting Contract.
TABLE OF CONTENTS
PART 1 - BIDDER INSTRUCTIONS
A. Standard Instructions, Clauses and Conditions
B.Applicable Laws
C.Submission of Bid
D. Enquiries – Bid Solicitation
E.Improvement of Requirement During Solicitation Period
F.Basis for Canada’s Ownership of Intellectual Property
PART 2 – BID PREPARATION INSTRUCTIONS
A.General
B.Technical Bid
C. Financial Proposal
D. Certifications
PART 3 – EVALUATION PROCEDURES AND BASIS OF SELECTION
A.Evaluation Procedure
B.Bidder’s Time for Responding During Evaluation
C.Selection Procedures
D.Security Requirements
E.Controlled Goods Requirement
PART 4 – RESULTING CONTRACT CLAUSES, TERMS AND CONDITIONS
A.INSTRUCTIONS TO CONTRACTORS
A1.Requirement
A2. Standard Clauses and Conditions
A3.Applicable Laws
A4. Authorities
A5. Priority of Documents
A6. Requirement for Training and Familiarization
A7. Reporting
B.REQUIREMENT DEFINITION
B1.Term of the Contract
B2.Contract Form
B3.Suitability of Services
B4. Personnel Qualification and Backup
B5.Contractor Supplied
B6.Canada’s Facilities, Equipment, Documentation & Personnel
B7.Non-Permanent Resident
B8.Privacy
B9.Information Storage and Retrieval
B10.Reorganization of the Client
C. PRICE
C1.Professional Services
C2. Basis of Payment
C3.Travel and Living
C4. Definition of a Day/Proration
C5.Overtime Work
C6.Applicable Taxes
C7.Expenditure Limitation
D.TASK AUTHORIZATION PROCESS
E.MINIMUM WORK GUARANTEE
F.DELIVERY, INSPECTION AND ACCEPTANCE
F1. Inspections and Acceptance
F2.Failure to Deliver
G.INDUSTRIAL SECURITY REQUIREMENT
H.TERMS OF PAYMENT
H1. Method of Payment
H2. Invoicing Instructions
I.TERMINATION OF CONTRACTS
J.CLOSURE OF GOVERNMENT OFFICES
K.CONTROLLED GOODS
L.CERTIFICATIONS
ANNEX A: Statement of Work
ANNEX B: Basis of Payment
ANNEX C: Security Requirements Checklist (SRCL)
ANNEX D: Evaluation Methodology and Basis of Selection
ANNEX E: Certifications Precedent to Contract Award
1. Ethics Code Requirement
2.Certification of Education and Experience
3.Certification of Availability and Status of Personnel
4.Former Public Servant Certification
5. Federal Contractor’s Program for Employment Equity (FCP-EE)
APPENDIX 1 to ANNEX E: Authorization and Availability Certification for Resources who are not Employees of the Bidder
ANNEX F: Task Authorization Form
ANNEX G: Quarterly Contracting Report
PART 1 - BIDDER INSTRUCTIONS
A. Standard Instructions, Clauses and Conditions
A1.All instructions, general terms, conditions and clauses identified in the bid solicitation by title, number and date are set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada (PWGSC). The manual is available on the PWGSC Website:
A2.Bidders who submit a bid agree to be bound by the instructions, clauses and conditions of the bid solicitation and accept the clauses and conditions of the resulting Contract.
A3.OPTION 1: Competitive Requirements - Delete if not applicable
Standard Instructions – Goods or Services – Competitive Requirements – 2003 (2013-06-01) will apply and form part of this Contract.
OPTION 2: Non Competitive Requirements - Delete if not applicable
Standard Instructions – Goods or Services – Non-competitive Requirements – 2004 (2012-11-19) will apply and form part of this Contract.
A4.Modifications to Standard Instructions
A4.1Supplemental to Article 18 of Standard Instructions - Goods or Services - Competitive Requirements - 2003 (2013-06-01), the PWGSC SA authority will determine whether or not any conflicts of interest exists in cases where:
a)the Supply Arrangement Holder or its employees and/or subcontractors has prepared or assisted in the preparation of any material to be used in a procurement,
b)the SAH or its employees and/or subcontractors is requested by a client department to prepare or assist in the preparation of any material to be used in a procurement.
A4.2The SAH or its employees and/or subcontractors must immediately disclose any such occurrence to the PWGSC SA Authority. If the PWGSC SA Authority determines that a conflict of interest exists, he/she will inform the SAH that it cannot bid on any related requirement(s). The SAH agrees that such notification will prevent the SAH from bidding on any related requirements.
Delete if not applicable
A5. Subsection 4.4 of Standard Instructions - Goods or Services - Competitive Requirements 2003 is amended as follows:
Delete: sixty (60) days
Insert: _____ (__) days
B.Applicable Laws
Any resulting Contract will be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.
A Bidder may, at its discretion, substitute the applicable laws of a Canadian province or territory of their choice without affecting the validity of its bid, by deleting the name of the Canadian province or territory specified and inserting the name of the Canadian province or territory of its choice. If no change is made, it acknowledges that the applicable laws specified are acceptable to the Bidder.
C.Submission of Bid
C1.Location for Delivery of Bid:
Note to Contract Authority: Indicate where bids must be submitted.
[If electronic transmission of bids is NOT acceptable include the following text]
Due to the nature of the bid solicitation, bids transmitted by facsimile to [department] will not be accepted.
Bids must be submitted only to [department] by the date and time indicated on page 1 of the bid solicitation.
C2.The above address is for the sole purpose of bid submission. No other communications are to be forwarded to this address. Delete if not applicable
D. Enquiries – Bid Solicitation
D1.All enquiries must be submitted in writing to the Contracting Authority no later than _____ calendar days before the bid closing date. Enquiries received after that time may not be answered.
D2.To ensure the integrity of the competitive bid process, enquiries and other communications about the bid solicitation must be directed ONLY to the Contracting Authority identified in the bid solicitation. Failure to comply can (for that reason alone) result in the disqualification of the bid.
Contracting Authority:[Insert Contracting Authority Name]
E-mail Address:[Insert Email]
Telephone:[Insert Telephone Number]
Facsimile:[Insert Fax Number]
D3.Time for Making Enquiries: Bidders should make enquiries as early as possible and should not make assumptions about the nature of the requirements of this bid solicitation. Bidders who do not raise issues and questions they may have during the bidding period do so at their own risk. Bidders who, instead of raising issues during the enquiries period, deviate from the mandatory requirements of this bid solicitation or do not respond to them in their bids will be disqualified.
D4.Bidders should reference as accurately as possible the numbered item of the bid solicitation to which the enquiry relates. Care should be taken by Bidders to explain each question in sufficient detail in order to allow Canada to provide an accurate answer. Technical enquiries that are of a “proprietary” nature must be clearly marked “proprietary” at each relevant item. Items identified as proprietary will be treated as such except where Canada determines that the enquiry is not of a proprietary nature. Canada may edit the questions or may request that the Bidder do so, so that the proprietary nature of the question is eliminated, and the enquiry can be answered with copies to all Bidders. Enquiries not submitted in a form that can be distributed to all Bidders may not be answered by Canada.
E.Improvement of Requirement During Solicitation Period
Should Bidders consider that the specifications or Statement of Work contained in the bid solicitation could be improved technically or technologically, Bidders are invited to make suggestions, in writing, to the Contracting Authority named in the bid solicitation. Bidders must clearly outline the suggested improvement as well as the reasons for the suggestion. Suggestions that do not restrict the level of competition nor favour a particular Bidder will be given consideration provided they are submitted to the Contracting Authority in accordance with the article entitled “Enquiries - Bid Solicitation”. Canada will have the right to accept or reject any or all suggestions.
F.Basis for Canada’s Ownership of Intellectual Property
Canada has determined that any intellectual property arising from the performance of the Work under the Contract will vest in Canada, on the following grounds: Delete if not applicable
Note to Contract Authority: An exception must be inserted from “Section 6: Exceptions to Contractor Ownership” of the TBS website at
PART 2 – BID PREPARATION INSTRUCTIONS
A.General
A1.Bid Format:
(a)Canada requests that Bidders provide their bid in separately bound sections as follows:
(i)Section I: Technical Bid (____ hard copies)(if applicable, add “and ___ soft copies on _____”, and specify the medium such as CD, DVD)
(ii)Section II: Financial Bid (____ hard copies) (if applicable, add “and ___ soft copies on _____”, and specify the medium such as CD, DVD)
(iii)Section III: Certifications (____ hard copies) [delete if there are NO certifications required]
If there is a discrepancy between the wording of the soft copy and the hard copy, the wording of the hard copy will have priority over the wording of the soft copy.[delete if no soft copies requested]
Prices must appear in the financial bid only. Prices must not be indicated in any other section of the bid.
(b)Canada requests that Bidders follow the format instructions described below in the preparation of their bid:
(i)use 8.5 x 11 inch (216 mm x 279 mm) paper;
(ii)use a numbering system that corresponds to the bid solicitation;
(iii)include a title page at the front of each volume of the bid that includes the title, date, bid solicitation number, Bidder’s name and address and contact information of its representative, the signature of the representitive authorized to sign on behalf of the SAH; and
(iv)include a table of contents.
A2.Multiple Bids:
OPTION 1: Delete if not applicable
The Bidder may submit more than one bid. If an alternate bid is submitted, it must be a physically separate document, clearly marked as an alternate bid. Each bid will be evaluated independently, without regard to the other bids submitted by the Bidder. As a result, every bid must be complete on its own. Even though material submitted in one bid will not be used to supplement another bid submitted by the same Bidder, where inconsistencies are noted among multiple bids submitted by the same Bidder, Canada may take those inconsistencies into account in evaluating the multiple bids. If the Bidder submits multiple bids and wishes to withdraw one or more of those bids, Canada may require that the Bidder withdraw either all its bids, or none of them.
OPTION2: Delete if not applicable
Multiple bids from the same Bidder are not permitted in response to this bid solicitation. Each Bidder must submit only a single bid. For the purpose of this bid solicitation, individual members of a joint venture bidding in their own capacity are not considered the same Bidder as a joint venture in which they form a part. If any Bidder submits more than one bid, Canada will choose in its discretion which bid to consider.
OPTION3: Delete if not applicable
Multiple bids from the same Bidder (or a bid from a Bidder and another bid from any of its affiliates) are not permitted in response to this bid solicitation. Each Bidder must submit only a single bid. For the purpose of this bid solicitation, individual members of a joint venture cannot participate in another bid, either by submitting a bid alone or by participating in another joint venture. If any Bidder submits more than one bid (or an affiliate also submits a bid), either on its own or as part of a joint venture, Canada will choose in its discretion which bid to consider.
B.Technical Bid
In their technical bid, Bidders should explain and demonstrate how they propose to meet the requirements and how they will carry out the work.
C. Financial Proposal
(a)The Financial Proposal should be a separately bound part of the Bidder’s proposal and should be the only part containing pricing information.
(b)The Bidder must submit their financial bid in accordance with the pricing table provided atAnnex B to this solicitation. The completed pricing table must include a price for every item in the pricing table.
(c)The Financial Proposal mustidentify all costs for the requirement described in this solicitation for the entire Contract period, including any option years. The identification of all necessary equipment, software, peripherals, cabling and components required to meet the requirements of this solicitation and the associated prices of these items is the sole responsibility of the Bidder. Failure to meet or adequately address these requirements will render the Bidder’s proposal non-compliant.
(d)All prices must be in Canadian dollars, FOB destination if applicable, include all shipping and handling charges to destination (Canadian Customs duties and excise taxes included if applicable), Goods and Services Tax (GST) and Harmonized Sales Tax (HST) extra.
D. Certifications
Bidders must submit the certifications required at Annex E.
PART 3 – EVALUATION PROCEDURES AND BASIS OF SELECTION
A.Evaluation Procedure
Bids will be assessed in accordance with the entire requirement of the bid solicitation including the technical and financial evaluation criteria. There are several steps in the evaluation process, which are described below. Even though the evaluation and selection will be conducted in steps, the fact that Canada has proceeded to a later step does not mean that Canada has conclusively determined that the Bidder has successfully passed all the previous steps. Canada may conduct steps of the evaluation in parallelor concurrently. An evaluation team composed of representatives of Canada will evaluate the bids.
B.Bidder’s Time for Responding During Evaluation
In addition to any other time periods prescribed in this solicitation:
- Requests for Clarifications: If Canada seeks clarification or verification from the Bidder about its bid, the Bidder will have two working days (or a longer period if specified in writing by the Contracting Authority) to provide the necessary information to Canada. Failure to meet this deadline will result in the bid being declared non-responsive.
- Extension of Time: If additional time is required by the Bidder, time may be granted at the sole discretion of the Contracting Authority.
C.Selection Procedures
C1.Evaluation Criteria
a.Mandatory Criteria: Each bid will be reviewed to determine whether it meets the mandatory requirements of the bid solicitation. All elements of the bid solicitation that are mandatory requirements are identified specifically with the words “must” or “mandatory”. Bids that do not comply with each and every mandatory requirement will be considered non-responsive and be disqualified. The mandatory requirements are described in Annex D.
b.Point-RatedTechnical Criteria:Each bid will be rated by assigning a score to the rated requirements, which are identified in the bid solicitation by the word “rated” or by reference to a score. Bidders who fail to submit complete bids with all the information requested by this bid solicitation will be rated accordingly. The rated requirements are described in Annex D.Delete if not applicable
C2.Oral Presentation: Delete if not applicable]
[Describe process for oral presentations, if applicable]
C3.Evaluation of Financial Bid:
The financial evaluation process is described in Annex D.
C4.Basis of Selection:
a)The Basis of Selection is described in Annex D.
b)Bidders should note that all Contract awards are subject to Canada’s internal approvals process, which includes a requirement to approve funding in the amount of any proposed Contract. Notwithstanding that a Bidder may have been recommended for Contract award, issuance of any Contract will be contingent upon internal approval in accordance with Canada’s policies. If such approval is not given, no Contract will be awarded.
D.Security Requirements
OPTION 1: Delete if not applicable
Before award of a Contract, the following conditions must be met:
a)the Bidder must hold a valid organization security clearance as indicated in Part 4, Resulting Contract Clauses;
b)the Bidder's proposed individuals requiring access to classified or protected information, assets or sensitive work site(s) must meet the security requirement as indicated in Part 4, Resulting Contract Clauses; andand Note to Contract Authority: Before including this consider carefully (1) whether the Bidder will be proposing specific individuals (if not, delete); (2) whether the Bidder will know which individuals will require access to protected information (if not, either delete or list which roles/resources will require access to perform the Work)]
c)the Bidder must provide the name of all individuals who will require access to classified or protected information, assets or sensitive work sites. Note to Contract Authority: Before including this, consider carefully whether the Bidder will know which individuals will require access to protected information at the time it submits its bid (if not, either delete or list which roles/resources will require access to perform the Work).
d)Canada will not delay the award of any Contract to allow Bidders to obtain the required clearance.
e)For additional information on security requirements, Bidders should consult the "Security Requirements for PWGSC Bid Solicitations - Instructions to Bidders" document ( on the Departmental Standard Procurement Documents Website.
f)In the case of a joint venture Bidder, each member of the joint venture must meet the security requirements.Note to Contract Authority: If only certain members must meet the security requirements, revise this wording accordingly - consult with CISD.