(Contract A)
Request for Proposals (RFP) Template
(Contract A)
January 2018
/ Request for Proposals Template(Contract A)
[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 OF PROPOSALS
2.1Stages of Evaluation
2.2Stage I – Mandatory Requirements
2.3Stage II – Pricing Evaluation
2.4Stage III – Other Evaluated Criteria
2.5Selection of Highest Scoring Proponent
PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS
3.1General Information and Instructions
3.2Communication after Issuance of RFP
3.3Execution of Agreement, Notification and Debriefing
3.4Conflict of Interest and Prohibited Conduct
3.5Confidential Information
3.6Reserved Rights, Limitation of Liability and Governing Law
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 Proposals Template(Contract A)
PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS
1.1Invitation to Proponents
This Request for Proposals (“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
The selected proponent(s) will be required to enter into an agreement with Purchasing Entity for the provision of the Deliverables in the form attached as Appendix C to the RFP (the “Agreement”). It is Purchasing Entity’s intention to enter into the 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**].
1.4RFP Timetable
Issue Date of RFP / [**Insert date**]Deadline for Questions / [**Insert date**]
Deadline for Issuing Addenda / [**Insert date**]
Submission Deadline / [**Insert date and time**]
Anticipated Execution of Agreement / [**Insert date**]
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 Prescribed Location
Proposals must be submitted:
[**Insert the method and location for proposal submission**]
1.5.2Proposals to be Receivedon 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
Proponents may withdraw their proposals prior to the Submission Deadline. To withdraw a proposal, a notice of withdrawal must bereceived by the RFP Contactprior to the Submission Deadline and must be signed by an authorized representative of the proponent. Purchasing Entity is under no obligation to return withdrawn proposals.
1.5.6Proposals Irrevocable after Submission Deadline
Proposals shall be irrevocable for a period of [**Insert number of days**]calendar days running from the moment that the Submission Deadline passes.
[End of Part 1]
PART 2– EVALUATION OF PROPOSALS
2.1Stages of Evaluation
Purchasing Entitywill conduct the evaluation of proposals in the following three 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. Proposals thatdo not comply with all of the mandatory requirements as of the Submission Deadline will be disqualified and not evaluated further. The mandatory requirements are detailed in Appendix A.
2.2.1No Amendment to Forms
Other than inserting the information requested on the mandatory submission forms set out in the RFP, a proponent may not make any changes to any of the forms. Any proposal containing any such changes, whether on the face of the form or elsewhere in the proposal, may be disqualified.
2.2.2Submission Form (Appendix D)
Each proposalmust 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.
2.2.3Pricing Form (Appendix B)
Each proposalmust include a Pricing Form (Appendix B), or a document containing the information requested by the Pricing Form, completed according to the instructions contained in the form.
2.3Stage II – Pricing Evaluation
Stage II will consist of a scoring of the submitted pricing of compliant proposals in accordance with the price 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.
2.4Stage III – Other Evaluated Criteria
[**Insert other evaluated requirements here, such as schedule, delivery dates, licences, certificates or other required forms or documents.**]
2.5Selection of Highest Scoring Proponent
After the completion of Stage III, all scores from Stage II and Stage III will be added together and, subject to the reserved rights of Purchasing Entity, the proponent with the highest score will be selected to enter into the Agreement in accordance with Part 3.
[End of Part 2]
PART 3– TERMS AND CONDITIONS OF THE RFP PROCESS
3.1General Information and Instructions
3.1.1RFP Incorporated into Proposal
All of the provisions of this RFP are deemed to be accepted by each proponent and incorporated into each proponent’s proposal. A proponent who submits conditions, options, variations or contingent statements inconsistent with the terms set out in this RFP, including the terms of the Agreement in Appendix C, either as part of its proposal or after receiving notice of selection, may be disqualified. If a proponent is not disqualified despite such changes or qualifications, the provisions of this RFP, including the Agreement set out in Appendix C, will prevail over any such changes or qualifications in the proposal.
3.1.2Proponents 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.
3.1.3Proposals in English
All proposals are to be in English only.
3.1.4No 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 will 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**]
3.1.5References 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.
3.1.6Information 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.
3.1.7Proponents 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.
3.1.8Proposal to beRetained by Purchasing Entity
Purchasing Entity will not return the proposal or any accompanying documentation submitted by a proponent.
3.1.9Trade 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 Procurementare subject to those trade agreements, but that the rights and obligations of the parties shall be governed by the specific terms of this RFP.
3.1.10No 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 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 should 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, Purchasing Entity may request further information from the proponent or third parties in order to verify clarify or supplement the information provided in the proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the mandatory requirements set out in Section C of the RFP Particulars (Appendix A). Purchasing Entity may revisit and re-evaluate the proponent’s response or ranking on the basis of any such information.
3.2.5 Time Disputes
In the event of a dispute regarding time, Purchasing Entity’s time clock will govern.
3.3Execution of Agreement, Notification and Debriefing
3.3.1Selection of Proponent and Execution of Agreement
Notice of selection by Purchasing Entity to the selected proponent shall be in writing. The selected proponent must satisfy any applicable conditions of award set out in this RFP within (**) calendar days of notice ofselection. This provision is solely for the benefit ofPurchasing Entityand may be waived byPurchasing Entityin its sole and absolute discretion. If a selected proponent fails to satisfy any applicable conditions of award,Purchasing Entitymay, without incurring any liability, proceed with the selection of another proponent and pursue all remedies available to Purchasing Entity.
3.3.2Failure to Enter into Agreement
Uponthe award, which may be evidenced bytheissuance of a purchase order or a signedagreement,thesuccessful proponent will commence performance of the contract in accordance with Purchasing Entitys instructions and provide the Deliverables inaccordance with theterms of theAgreement. If the successful proponent failstocommence performance of the awarded contract, Purchasing Entitymay, without incurring any liability, proceed with the selection of another proponent and pursue all remedies available toPurchasing Entity.
3.3.3Notification to Other Proponents
Once the Agreement is in place between Purchasing Entity and a proponent, the other proponents will be notified of the outcome of the procurement process.
3.3.4Debriefing
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) calendar days of 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.
3.4Conflict of Interest and Prohibited Conduct
3.4.1Conflict of Interest
Purchasing Entity may disqualify a proponent, or take any other action it deems appropriate in its sole discretion, for any conduct, situation or circumstances, determined by Purchasing Entity, in its sole and absolute discretion, to constitute a Conflict of Interest.
For the purposes of this RFP, “Conflict of Interest” includes any situation or circumstance where, in relation to a Purchasing Entity procurement competition, a participating proponent has an unfair advantage, a perception of an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including:
(a)having, or having access to, information in the preparation of its proposal that is not available to other proponents, but such does not include information a proponent may have obtained in the past performance of a contract with a public entity, including Purchasing Entity, that is not related to the creation, implementation or evaluation of this or a related procurement competition;
(b)communicating with any person with a view to influencing preferred treatment in this procurement competition (including but not limited to the lobbying of decision makers involved in this procurement competition); or
(c)engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive procurement competition or renders that competition non-competitive, less competitive, or unfair.
(d)[**one or more of the following clauses is/are be included in the procurement documents and/or resulting contracts:
Proponents are to fully disclose, in writing to the public entity on or before the Submission Date, the circumstances of any actual or potential Conflict of Interest, as well as what could be perceived as a Conflict of Interest if the vendor were to become a contracting party pursuant to the RFP. Purchasing Entitywill review all disclosures made by proponents under this provision and take such steps as it, in its sole discretion, deems necessary to address any Conflict of Interest, which may include requiring the proponent to take action to address and remedy the Conflict of Interest to the satisfaction of Purchasing Entity or disqualifying the proponent from further participation;
You represent that neither you, your principals, officers nor employees have any knowledge of any actual, potential or perceived Conflict of Interest, and you agree that failure to disclose any actual, potential or perceived Conflicts of Interest may, at the sole discretion of Purchasing Entity, render any contract that may result from this procurement competition null and void, and entitle Purchasing Entity to terminate the contract immediately and recover any and all of the contract price.
All proponents should advise Purchasing Entity in writing whether it has any actual, potential or perceived Conflict of Interest, and if so, the nature of each Conflict of Interest. A proponent may, in the sole discretion of Purchasing Entity, be disqualified from this RFP process if a proponent is found to have a Conflict of Interest.**]
3.4.2Prohibited Proponent Communications