Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
REQUEST FOR QUOTATIONTerms of Reference
(Version 2.0, November 2016)
TO PROVIDEinsert type of servicesSERVICES ON RETAINER
Insert the Location of Project
Assignment Number: insert
Insert Region
insert date
Ministry of Transportation
Ontario
1
Retainer - RFQ- Version 2.0 – November 2016Assignment Number: insert
TABLE OF CONTENTS
Intent of the RFQ
RFQ Documents
Section 1: Quotation Submission Process and Format
1.1RFQ Schedule
1.2Enquiries
1.3Quotation Submission and Award of Work Process
1.4Quotation Submission Format Phase I
1.5Quotation Documents to be Submitted
1.5.1Financial Plan: Fee Schedule(s) and Competitive Cost (Envelope No. 1)
1.5.2Technical and Management Plan (Envelope No. 2)
1.6Proposal Evaluation and Award
Section 2: Proposal Terms and Conditions
2.1Information Obtained by Service Provider
2.2Changes to the RFQ by the Ministry
2.3Irrevocable Proposal after Closing
2.4Confidentiality of Proposal
2.5Clarifications
2.6Right to Accept or Reject
2.7Misleading Information
2.8Award to be in Writing
2.9Execution of Contract
2.10Failure to Execute Contract
2.11No Liability for Expenses
2.12Non-Collusion
2.13Occupational Health and safety
2.14Ontarians with disabilities act
2.15Insurance Requirements
2.16Quality Control Requirements
2.17Audits of Service Providers Work
Section 3: Process for Work Items
3.1 Award of Work Item:
3.2Quality Control Requirements for Retainer Services
3.3Occupational Health and Safety Plan
3.4Payment for Retainer Services
3.5Evaluation of Service Provider performance
Section 4: Technical Services to be Delivered
4.1Technical Services: Description and Requirements
4.2Technical Standards and Specifications
4.2.1 Examples of Supplementary Specialty Plan and Milestone Quality Report
4.2.2 List of Technical Standards and Specifications Reference Documents:
Intent of the RFQ
The Ministry intends to establish Retainer Services Agreements with up to insert # firms(#)firms to call upon from time to time, depending on the Ministry’s needs, to provide the Engineering Services described herein. In general terms, the project is to provideInsert required specialties/categoriesservices, to the MTO, which likely will include several separate Work Items during a period of up to insert # months (#), max 36months. A submission by a Service Provider is an acknowledgement that the Service Provider has the resources available for deployment as required within the allowed time frames.
All Proponents approved in the Ministry’s Registry, Appraisal and Qualification System (RAQS) in the Prime Specialty insert prime specialtyare invited to submit Proposals. Only Service Providers registered for the Prime Specialty will be considered. In addition, a Proponent must have prior registration in RAQS of their Core Plan and the corresponding Generic Category Plan.
The Ministry does not, in any way whatsoever, guarantee that there will be any specific number of individual Work Items or any Work Items at all, during the term of the Retainer Services Agreement with the Ministry. The anticipated maximum cumulative value of the Work Items will not exceedinsert Retainer ceiling value ($)
RFQ Documents
This RFQ package consists of the following documents:
(a)“Request for Quotation” defining the proposal process and selection, the scope of the Retainer Services and criteria for performance of the services.
(b)“Appendices”. A Proponent must submit and/or reference the following forms as prescribed in the RFQ document:
Appendix 1 Fee Schedule(s)
Appendix 2AWork Item Order Form
Appendix 2BWork Item Quote Form
Appendix 3A Certification – No Conflict of Interest or
Appendix 3BCertification – Conflict of Interest
Appendix 3CList of Service Provider Staff who participated in preparation of the RFQ Submission
Appendix 4AOccupational Health & Safety Statutory Declaration
Appendix 4BWork Item: OHS List of Designated Substances
Appendix 5RAQS Declaration Form
Appendix 6Sample Assignments
Appendix 7Competitive Cost Form
Appendix 8Check List of Mandatory Documents for RFQ
Appendix 9<other>
(c)The Retainer Services Legal Terms and Conditions.
(d)<other>
Section 1: Quotation Submission Process and Format
1.1RFQ Schedule
The following RFQ schedule is tentative and is subject to change without penalty to the Ministry:
Activity / Date / DeadlineRFQ Issue Date / Insert Date
Deadline for Proponents to Request Clarifications / Insert Date/Time
Quotation Submission Deadline / Insert Date/Time
Anticipated Award Date / Insert Date
1.2Enquiries
Any Proponent who has questions as to the meaning of any part of this RFQ or the Retainer Services described herein must make a written enquiryrequesting clarification, interpretation or explanation to the following Ministry contact personprior to the “Request for Clarification” deadlines provided in Section 1.1:
insert Ministry Assignment Administrator
insert address
insert fax number
insert email address
A Service Provider is NOT to make verbal enquiries to Ministry staff. No information given orally by Ministry staff will be binding on the Ministry,nor will it be construed as a factor in the evaluation of the Quotation
It is the Proponent’s responsibility to obtain all the necessary information concerning the intent and requirements of this RFQ and the scope of the Retainer Services described herein. Each Proponent shall be solely responsible for examining all the RFQ documents, including any addenda issued by the Ministry and shall be deemed to have satisfied itself of the sufficiency of its proposed fee rates for the Retainer Services.
The Ministry reserves the right to distribute any or all questions and answers to all other Proponents.
1.3Quotation Submission and Award of Work Process
Award of work is to be done in two phases:
- Phase I: Retainer Assignment RFQ
All Proponents approvedin the Ministry’s Registry, Appraisal and Qualification System (RAQS) in the Prime Specialty insert prime specialtyare invited to submit Quotations to provide services on retainer during Phase I.
- Phase II: Work Item Quote/Award
The Ministry will complete its Phase I evaluation of Quotations, as outlined in Section 1.6, and will enter into an agreement with up to insert # firms (#)firms as the successful Service Provider(s) to call upon from time to time for individual Work Items depending on the Ministry’s needs.
When a need for services is identified, the Ministry will notify a successful Service Provider of the scope of anindividual Work Item. The Service Provider shall provide a detailed proposal with a work-plan and implementation schedule. Where the Ministry approves the Service Provider's proposal, the Ministry will authorize the commencement of the Work Item.
A detailed description of the Work Item process and award is provided in Section 3 of this document.
1.4Quotation Submission Format Phase I
A Phase Isubmission shall consist of:
- .insert # copies (#) of the Financial Plan Submission (marked Envelope No. 1) and must be submitted in accordance with Section 1.5.1and the project specific details outlined in Section 4.
- insert # copies (#) copies of the Technical and Management Plan Submission (marked Envelope No. 2) and must be submitted in accordance with Section in 1.5.2 andthe project specific details outlined in Section 4
Submissions must be marked on the outside "Retainer Assignment”, Assignment No. insert numberswith the Proponent’s name and address. The submission shall be marked Confidential on the outside.
All Quotation documents must be submitted in hard copy. No facsimile transmissions will be accepted.
All Quotation documents, where signature required, must be signed by the Key Contact, or an Alternate Contact listed in RAQS and authorized to sign a Legal Agreement with the Ministry. The Ministry, without evaluation, will reject any Proposal with unsigned documents.
The Ministry will receive Submissions no later than the dates and times specified in Section 1.1 at the following address:
(insert address)
Attention: Attention: (insert name)
The time of receipt of Proposals will be determined by the Ministry's date/time stamp.
The Ministry may, if deemed necessary, verify any information provided in any Submission.
Each Proponent may only submit one (1) Proposal in response to this RFQ. A Proponent may re-submit their Quotation prior to the Proposal Submission Deadline. Should a Proponent re-submit a Quotation, the submission bearing the latest date/time stamp will be included in the evaluation.
Late Submissions will not be accepted and will be returned unopened.The Service Provider alone bears the responsibility for delivery of the submissions to the above address by the stipulated closing date and time.
The Service Provider may withdraw its Quotation by written notice or fax transmission to insert address/number at any time before the Quotation Submission Deadline.
1.5Quotation Documents to be Submitted
Proposal documents shall be submitted in two (2) Envelopes as prescribed below:
Refer to Section 4 Technical Services to be Deliveredand the Sample Assignments in Appendix 6 for a description of the Engineering Services anticipated under this Retainer Assignment.
1.5.1Financial Plan: Fee Schedule(s)and Competitive Cost (Envelope No. 1)
Asuccessful Service Provider’s Fee Schedule(s)and Competitive Cost Form shall become Schedule 1 to the Legal Agreement.
A Proponent`s Weighted Total Rate will become the Competitive Cost component for proposal evaluation and award as detailed in Section 1.6
Envelope No. 1 must include:
(a)The proposal fee which is to be submitted in the FEE SCHEDULE form(s) provided in Appendix 1, and signed by an authorized Service Provider Staff (Key Contact/Alternate Contact listed in RAQS).
(b)
Option #1: Competitive Cost Form - Weighted Per Diem Unit/Rate
The Weighted Total Rate (Per Diem) which is to be submitted in the ``Competitive Cost Form:Weighted Per Diem Activity/Rate provided in Appendix 7.
The rates used must equal the rates submitted in the Fee Schedule Form(s)
Option #2: Competitive Cost Form: Sample Assignment Lump Sum Fee
Sample Assignment(s) representative of actual work items to be delivered are included in Appendix 6. Proponents must submit a ``Competitive Cost Form: Sample Assignment Lump Sum Fee`` for each sample assignment, as their Weighted Total Rate (Lump Sum). A blank template is included in Appendix 7
The rates used must equal the rates submitted in the Fee Schedule Form(s)
1.5.2Technical and Management Plan (Envelope No. 2)
Asuccessful Service Provider’s Technical and Management Plan shall become Schedule 2 to the Legal Agreement.
Envelope No. 2 must include:
(a)Transmittal Letter. The Transmittal Letter shall indicate the Proponent’s intention to submit a proposal to provide Retainer Services for the project with the name, title, address and telephone number of the Principal who will serve as the contact for the project. The letter must be signed by an individual who is listed in RAQS as the Service Provider’s Key Contact/Alternate Contact in RAQS with the authority to sign a binding legal agreement on behalf of the Service Provider. At least one copy of the Transmittal Letter must be signed in original.
In addition to above, the letter shall include the following:
- Legal Name of Business:
- Owner(s); Partner(s); Corporate Officer(s)/Title
- Business Address,Telephone Number, Facsimile Number and email address
(b)The RAQS Declaration Form provided in Appendix 5 must be completed and appended to the Transmittal Letter.
(c)Staffing and Organization Plan(maximum # pages not including resumes).
The Staffing and Organization Plan shall contain the following information:
(i)A description of the Principal and Project Manager who will be responsible for mobilizing adequate personnel and other resources to any Ministry request for servicesand managing the quality and timeliness. The Principalwill also be responsible for contractual matters between the Service Provider and the Ministry. The Principal will be ultimately responsible for the quality and timeliness of the Service Provider’s performance.
(ii)A discussion of the ProponentsOrganizational Structurewhich:
- Clearly lists the individuals responsible for the Services and Deliverables described herein and reporting relationships.
- Demonstrates understanding of the Retainer process and tasks.
- Describes any special issues or problems that might be encountered in providing services under the Retainer Services Agreement and describes, in general, a strategy or contingency plan for its resolution.
- Describes any special equipment, software, or other resources which would enhance the proponent’s ability to provide the services described herein.Details the Proponent’s applicable proprietary materials
(iii)A discussion of the Proponent’sTechnical Teamwith respect to tasks that would typically be involved in a request for Services/Deliverables which:
- Clearly indicates the team proposedand the roles and responsibilities of each of the Staff Members assigned to the Retainer.
Note: Throughout the duration of the assignment, the Service Provider shall utilize the staff identified in their Proposal. No substitutions of staff shall be made without the express knowledge and written approval of the Ministry. The qualifications and experience of the staff proposed for replacement must be equivalent or better than the staff identified in the Service Provider’s technical and management submission. The Service Provider shall, upon the request of the Ministry, remove any representative of the Service Provider who, in the opinion of the Ministry, is performing improperly, or is not performing in an acceptable manner and shall replace the representative in accordance with the provisions of Sections 4.5 and 4.6 of theLegalTerms and Conditions.
- Describes the current workload and potential availability of staff nominated on the Technical Team. The Proponent should clearly indicate any part of the services described herein that might be subcontracted to other firms. The Project Manager may not be subcontracted.
- Indicates the qualifications and experience of the team members as they specifically relate to Table 1,and the Services/Deliverables described in Section 4. The Proponent shall also indicate the staff professional licences/designations.
Note: Attach Resumes of each member of the proposed project team outlining qualifications, previous relevant experience, accompanied by consent by the individual to the disclosure of the resume.
Table 1: Mandatory Qualification Requirements for members of the Technical Team:
Category, Specialty or Work Type / Qualification Requirements(d)Occupational Health and Safety Plan (General)
The successful Service Provider will be responsible for meeting all of the obligations under the Occupational Health and Safety Act (OHSA) and shall make reasonable efforts so that the Services are carried out in accordance with the OHSA and all applicable regulations. This includes but is not limited to, the duties to: provide a safe workplace; provide information and educate the workers on workplace hazards; appoint a competent supervisor; prepare and provide a health and safety policy; implement a comprehensive health and safety program to support the policy; and take every reasonable precaution to protect the health and safety of workers.
Proponents shall include in the Technical and Management Plan submission:
i) Signed Occupational Health and Safety Statutory Declaration form(provided in Appendix 4A) certifying that the signatory fully understands and intends to fulfil its obligations as “employer” as prescribed in the OHSA and its regulations.
Note: Upon award of a Work Item, a successful Service Provider shall provide an Occupational Health and Safety Plan in accordance with Section 3.3 and Article 4.11 of the Legal Agreement.
(e)Conflict of Interest Declaration
Proponents shall include as part of their Technical and Management Plan submission a list of names, addresses and telephone numbers of the persons who participated in the preparation of the RFQ submission (to be submitted in the LIST OF SERVICE PROVIDER STAFF WHO PARTICIPATED IN PREPARATION OF THE RFQ SUBMISSION form provided in Appendix 3C).
In addition, a Proponent’s submission must include a statementregarding conflict of interest declaring either:
(i)That the Proponent does not and will not have any conflict of interest (actual, perceived or potential) in submitting its Proposal, or, if selected, with the contractual obligations of the Service Provider under the Agreement and that the Proponent neither has, nor has access to, any Confidential Information as defined below. (to be submitted in the CERTIFICATION – NO CONFLICT OF INTEREST form provided in Appendix 3A, completedand signed by an authorized Service Provider Staff member (Key Contact/Alternate Contact identified in RAQS)),
Or,
(ii)That the Proponent declares any(all) situation(s) that may be a conflict of interest in submitting its Proposal or, if selected, with the contractual obligations of the Service Provider as the Retainer Services Service Provider under the Agreement (to be submitted in the CERTIFICATION - CONFLICT OF INTEREST form provided in Appendix 3B, completedand signed by an authorized Service Provider Staff member (Key Contact/Alternate Contact identified in RAQS):);
“Confidential Information” refers to confidential information of the Crown (other than confidential information which is disclosed to the Service Provider in the normal course of the RFQ process); the Confidential Information is relevant to the Services required by the RFQ, their pricing or the RFQ evaluation process; and the disclosure of which could result in prejudice to the Crown or an unfair advantage to the Retainer Services Service Provider
The submission of any Proponent may be disqualified where the Proponent fails to provide confirmation or makes misrepresentations regarding any of the above. Further, the Minister shall have the right to rescind any contract with the successful Service Provider in the event that the Minister at his/her discretion determines that the successful Service Provider has made misrepresentation regarding any of the above, in addition to or in lieu of any other remedies that the Minister has in law or in equity.
NOTE: a Successful Service Provider will be required to certify as part of each Work Item Quote that, at the time of submitting its Work Item Quote, it has no conflict of interest in the performance of the particular Work Item.
(f)Check List of Mandatory Documents Required
Proponents shall complete the Checklist of Mandatory Documents form for RFQ provided in Appendix 8.
1.6Proposal Evaluation and Award
The RFQ submission is to consist of two (2) envelopes as described in Sections 1.2 through 1.5. Upon receipt of each RFQ submission, the Ministry shall separate the two (2) envelopes.
The Financial Plan (Envelope 1) shall remain sealed until the completion of the Technical and Management Plan submission review. Each RFQ submission received will be examined to determine if it satisfies that all requested services will be delivered and that it meets the Mandatory Requirements prescribed here in.
Failure to comply with Mandatory Requirements will result in disqualification of the Quotation from further consideration, in which case the Service Provider will be notified and the submitted documents returned to the Service Provider.