(Best and Final Offer)
Request for Proposals (RFP) Template
Best and Final Offer (BAFO)
January 2018
/ Request for Proposal Template(Best and Final Offer)
[CLIENT LOGO]
Request for ProposalsFor
[**Insert Title of RFP**]
Request for Proposals No.: [**Insert RFP Number**]
Issued: [**Insert Date of Issue**]
Submission Deadline: [**Insert Date and Time**]
TABLE OF CONTENTS
PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS
1.1Invitation to Proponents
1.2RFP Contact
1.3Type of Contract for Deliverables
1.4RFP Timetable
1.5Submission of Proposals
PART 2 – EVALUATION AND NEGOTIATION
2.1Stages of Evaluation and Negotiation
2.2Stage I – Mandatory Requirements
2.3Stage II – Evaluation
2.4Stage III – Pricing
2.5Stage IV – Concurrent Negotiations and BAFO
2.6Stage V - Contract Negotiations
PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS
3.1General Information and Instructions
3.2Communication after Issuance of RFP
3.3Notification and Debriefing
3.4Conflict of Interest and Prohibited Conduct
3.5Confidential Information
3.6Procurement Process Non-binding
3.7Governing Law and Interpretation
APPENDIX A – RFP PARTICULARS
A. THE DELIVERABLES
B. MATERIAL DISCLOSURES
C. MANDATORY REQUIREMENTS
D. RATED CRITERIA
APPENDIX B – PRICING FORM
APPENDIX C – FORM OF AGREEMENT
APPENDIX D – SUBMISSION FORM
/ Request for Proposal Template(Best and Final Offer)
PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS
1.1Invitation to Proponents
This Request for Proposals (the “RFP”) is an invitation by the Government of Saskatchewan(“Purchasing Entity”) to prospective proponents to submit proposals for the provision of [**Insert title of RFP**], as further described in the RFP Particulars (Appendix A)(the “Deliverables”).
[**Insert initial mapping statement here: this should be an overview the Deliverables, together with a summary of any unusual aspects of the RFP process**]
[**Consider inserting brief description of Purchasing Entity here**]
1.2RFP Contact
For the purposes of this procurement process, the “RFP Contact” will be:
[**Insert name and email of Contact**]
Proponents and their representatives are not permitted to contact any employees, officers, agents, elected or appointed officials or other representatives of Purchasing Entity, other than the RFP Contact, concerning matters regarding this RFP. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal.
1.3Type of Contract for Deliverables
[**revise this clause as appropriate**] The selected proponent(s) will be requested to enter into direct contract negotiations to finalize an agreement with Purchasing Entity for the provision of the Deliverables. Purchasing Entity expects the terms and conditions set out in the Form of Agreement in Appendix C to be included in the final negotiated agreement with the selected proponent(s). Proponents choosing to participate in this RFP process should be prepared to accept those terms and conditions, subject only to minor changes that may be mutually agreed upon in the negotiation process. It is Purchasing Entity’s intention to enter into an agreement with [** number of legal entities**]. [**The following information may be placed here or in the mapping statement above**] The term of the agreement is to be for a period of [**Set out Months or Years**], with an option in favour of Purchasing Entity to extend the agreement on the same terms and conditions for an additional term of up to [**insert length of additional optional term(s) if applicable**].
1.4RFP Timetable
Issue Date of RFP / [**Insert date**](mandatory)Deadline for Questions / [**Insert date**](mandatory)
Deadline for Issuing Addenda / [**Insert date**](mandatory)
Submission Deadline / [**Insert date and time**](mandatory)
Rectification Period / [**Insert number of days**]
Anticipated Initial Ranking and Commencement of Concurrent Negotiations / [**Insert date**]Optional
Anticipated Deadline for Submission of Best and Final Offers (“BAFO”) / [**Insert date**]Optional
Anticipated Final Ranking / [**Insert date**]Optional
Contract Negotiation Period / [**Insert number of days**]
Anticipated Execution of Agreement / [**Insert date**](mandatory)
The RFP timetable is tentative only, and may be changed by Purchasing Entity at any time.
1.5Submission of Proposals
[**Insert Submission instructions as applicable **]
1.5.1Proposals to be Submitted at the Prescribed Location
Proposals must be submitted:
[**Insert the method and location for proposal submission**]
1.5.2Proposals to be Received on Time
Proposals must be received at the location set out above on or before the Submission Deadline. Proposals received after the Submission Deadline will not be accepted. Onus and responsibility rests solely with the proponent to deliver its proposal to the exact location (including floor, if applicable) indicated in this RFP on or before the Submission Deadline. Purchasing Entity does not accept any responsibility for submissions delivered to any other location by the proponent or its delivery agents. Proponents are advised to make submissions well before the deadline. Proponents making submissions near the deadline do so at their own risk.
1.5.3Proposals to be Submitted in Prescribed Format
Proponents should submit [**Insert number, type of copies, or other applicable details**] of their proposal. If there is a conflict or inconsistency between the hard copy and an electronic copy of a proposal, the hard copy of the proposal will prevail. Proposals should be prominently marked with the RFP title and number (see RFP cover), with the full legal name and return address of the proponent.
1.5.4Amendment of Proposals
Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a sealed package [**or such other alternate method**]prominently marked with the RFP title and number and the full legal name and return address of the proponent to the location set out above. Any amendment should clearly indicate which part of the proposal the amendment is intended to amend or replace.
1.5.5Withdrawal of Proposals
At any time prior to the execution of a written agreement for provision of the Deliverables, a proponent may withdraw a submitted proposal. To withdraw a proposal, a notice of withdrawal must be received by the RFP Contact and should be signed by an authorized representative of the proponent. Purchasing Entity is under no obligation to return withdrawn proposals.
[End of Part 1]
PART 2– EVALUATION AND NEGOTIATION
2.1Stages of Evaluation and Negotiation
Purchasing Entity will conduct the evaluation of proposals and negotiations in the following stages:
2.2Stage I – Mandatory Requirements
Stage I is expected to consist of a review to determine which proposals comply with all of the mandatory requirements. If a proposal fails to satisfy any mandatory requirement, Purchasing Entity may choose, in its sole discretion, to not evaluate such proposals further. The mandatory requirements are detailed in Appendix A.
2.2.1Submission Form (Appendix D)
Each proposal should include a Submission Form (Appendix D), or a document containing the information requested by the Submission Form, completed and signed by an authorized representative of the proponent.
2.2.2Pricing Form (Appendix B)
Each proposal should include a Pricing Form (Appendix B), or a document containing the information requested by the Pricing Form, completed in accordance with the instructions contained in the form.
2.3Stage II – Evaluation
Purchasing Entitywill evaluate each qualified proposal on the basis of the rated criteria as set out in Section D of the RFP Particulars (Appendix A).
2.4Stage III– Pricing
Stage III will consist of a scoring of the submitted pricingin accordance with theprice evaluation method set out in the Pricing Form (Appendix B). The evaluation of price will be undertaken after the evaluation of mandatory requirements and rated criteria has been completed.
[**Alternatively, Purchasing Entitymay choose to combine pricing evaluation with rated criteria, or otherwise structure the evaluation and amend and renumber 2.3 and 2.4 accordingly**].
2.5Stage IV– Concurrent Negotiations and BAFO
2.5.1Initial Ranking of Proponents
After the completion of Stage III, all scores from previous stages will be added together and the proponents will be ranked based on their total scores.
2.5.2Concurrent Negotiations and BAFO Process
Purchasing Entityintends to invite the top three (3) [**adjust as necessary**]ranked proponents to enter into concurrent negotiations. During these concurrent negotiations, Purchasing Entity will provide each proponent with any additional information and will seek further information and proposal improvements from each proponent. After the expiration of the concurrent negotiation period, each proponent will be invited to revise its initial proposal and submit its BAFO to Purchasing Entity.
2.5.3Evaluation of BAFO and Final Ranking of Proponents
Each BAFO will be evaluated against the criteria set out in Appendix A and B and will be assigned a final ranking using the same process set out above. The top-ranked proponent based on the evaluation of the BAFOs will receive a written invitation to enter into a final round of negotiations to finalize the agreement with Purchasing Entity.
2.5.4Option not to Engage in BAFO
If after the completion of Stage III there is a difference of greater than twenty percent [**adjust the percentage as required**] (20%) between the total score of the top-ranked proponent and the total score of the second-ranked proponent, Purchasing Entity may choose not to engage in the concurrent negotiations and BAFO process and may proceed directly to contract negotiations with the top-ranked proponent.
2.6Stage V - Contract Negotiations
2.6.1Contract Negotiation Process
Any negotiations will be subject to the process rules contained in the Terms and Conditions of the RFP Process (Part 3) and will not constitute a legally binding offer to enter into a contract on the part of Purchasing Entity or the proponent and there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. The terms and conditions in the Form of Agreement in Appendix C are intended to be included in the final negotiated agreement with the selected proponent. Negotiations may include requests by Purchasing Entity for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by Purchasing Entity for improved pricing or performance terms from the proponent.
[**may choose to revise including different wording to allow for a quick start agreement**]
2.6.2Time Period for Negotiations
Purchasing Entity intends to conclude negotiations and finalize the agreement with the top-ranking proponent [**identify if it is to be during the Contract Negotiation Period, such other period, or if there is no reference to a Contract Negotiation Period (the inclusion of this phrase also depends on whether such a date is put in the RFP time table), commencing on the date Purchasing Entity invites the top-ranked proponent to enter negotiations**]. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously.
2.6.3Failure to Enter into Agreement[**revise as applicable**]
[**If the parties cannot conclude negotiations and finalize the agreement for the Deliverableswithin or after the Contract Negotiation Period (if applicable)**],Purchasing Entity may [** at any time**]at its sole discretion, discontinue negotiations with the top-ranked proponent and may invite the next-best-ranked proponent to enter into negotiations. This process will continue until an agreement is finalized, until there are no more proponents remaining that are eligible for negotiations or until Purchasing Entity elects to cancel the RFP process.
2.6.4Notification to Other Proponents
Other proponents that may become eligible for contract negotiations will be so notified at the commencement of the negotiation process with the top-ranked proponent. Once an agreement is finalized and executed by Purchasing Entity and a proponent, the other proponents will be notified in accordance with the Terms and Conditions of the RFP Process (Part 3).
[End of Part 2]
PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS
3.1General Information and Instructions
3.1.1Proponents to Follow Instructions
Proponents should structure their proposals in accordance with the instructions in this RFP. Where information is requested in this RFP, any response made in a proposal should reference the applicable section numbers of this RFP.
3.1.2Proposals in English
All proposals are to be in English only.
3.1.3No Incorporation by Reference
The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal but not attached may not be considered to form part of its proposal. If proponents wish to reference websites or external documents, they should obtain the approval of the RFP Contact prior to the Submission Date. Proponents are responsible for ensuring that all external content that is referenced is accurate, and are to provide notice to Purchasing Entity of any changes that may arise after submission. Purchasing Entity may, at any time, require a proponent to provide a hard copy of some or all of the external content referenced.[**or amend as applicable**]
3.1.4References and Past Performance
In the evaluation process,Purchasing Entity may consider information provided by the proponent’s references and may also considerinformation independently obtained by Purchasing Entity about the proponent or its proposal in the course of Purchasing Entity’s own due diligence, including any previous dealings or experience, if any, with a proponent. Purchasing Entity may contact any of the proponent’s customers who Purchasing Entity believes may be able to provide information about the proponent that would be pertinent to this RFP.
3.1.5Information in RFP Only an Estimate
Purchasing Entity and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this RFP or issued by way of addenda. Any quantities shown or data contained in this RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to proponents the general scale and scope of the Deliverables. [**or indicate what information that may be relied upon**]. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this RFP.
3.1.6Proponents to Bear Their Own Costs
The proponent will[**or Purchasing Entity will; or such other arrangements as may be proposed**]bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations.
3.1.7Proposal to be Retained by Purchasing Entity
Purchasing Entity will not return the proposal or any accompanying documentation submitted by a proponent.
3.1.8Trade Agreements
Proponents should note that procurements falling within the scope of Chapter 5 of the Canadian Free Trade Agreement (CFTA) and/or the New West Partnership Trade Agreement (NWPTA)and/or the Agreement on Government Procurement are subject to those trade agreements, but that the rights and obligations of the parties will be governed by the specific terms of this RFP.
3.1.9No Guarantee of Volume of Work or Exclusivity of Contract
[**amend this section as applicable**]Purchasing Entity makes no guarantee of the value or volume of work to be assigned to the successful proponent. The agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. Purchasing Entity may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally.
3.2Communication after Issuance of RFP
3.2.1Proponents to Review RFP
Proponents should promptly examine all of the documents comprising this RFP, and may direct questions or seek additional information [**indicate how – e.g. in writing, by email, etc**]to the RFP Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the RFP Contact. Purchasing Entity is under no obligation to provide additional information, and Purchasing Entity is not responsible for any information provided by or obtained from any source other than the RFP Contact. It is the responsibility of the proponent to seek clarification from the RFP Contact on any matter it considers to be unclear. Purchasing Entity is not responsible for any misunderstanding on the part of the proponent concerning this RFP or its process.
3.2.2All New Information to Proponents by Way of Addenda
This RFP may be amended only by addendum in accordance with this section. If Purchasing Entity, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated to all proponents by addendum. Any information obtained in a method other than an addendum should not be relied upon. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by Purchasing Entity.
3.2.3Post-Deadline Addenda and Extension of Submission Deadline
If Purchasing Entity determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, Purchasing Entity may extend the Submission Deadline for a reasonable period of time.
3.2.4 Verify, Clarify and Supplement
When evaluating proposals, Saskatchewan may at its sole discretion request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in a proposal. The response received by Purchasing Entity shall, if accepted by Purchasing Entity, form an integral part of the proponent’s proposal.
Purchasing Entity may consider information independently obtained by Purchasing Entity about the proponent or its proposal in the course of Purchasing Entity’s own due diligence, including any previous dealings or experience by it or others, if any, with a proponent.
3.2.5 Time Disputes
In the event of a dispute regarding time, Purchasing Entity’s time clock will govern.
3.3Notification and Debriefing
3.3.1Notification to Other Proponents
Once an agreement is signed by Purchasing Entity and a proponent, the other proponents will be notified. Proponents may be notified by public posting in the same manner that this RFP was originally posted of the outcome of the procurement process.
3.3.2Debriefing
Proponents who submitted a proposal may request a debriefing after receipt of a notification of the outcome of the procurement process. All requests must be in writing to the RFP Contact and must be made within thirty (30) days of such notification. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome.