Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
REQUEST FOR PROPOSAL - (Version 5.9, JUNE 2011)
TO PROVIDEinsert type of servicesSERVICES ON RETAINER
Insert the Location of Project
Assignment Number: insert
Insert Region
insert date
Ministry of Transportation
Ontario
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Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
TABLE OF CONTENTS
A. GENERAL INFORMATION AND INSTRUCTIONS
A.1Intent of the RFP
A.2RFP Documents
A.3RFP Schedule
A.4format of RFP Submission
A.5Enquiries
A.6Information Obtained by Service Provider
A.7Changes to the RFP by the Ministry
A.8Withdrawal and Irrevocable PROPOSAL after Closing
A.9Confidentiality of PROPOSALS
A.10Clarifications
A.11right to accept or reject
A.12Misleading Information
A.13Award to be in Writing
A.14Execution of Contract
A.15FAILURE TO EXECUTE CONTRACT
A.16No Liability for Expenses
A.17Tax Compliance declaration
A.18Conflict of Interest
A.19Check List of Mandatory DOCUMENTS FOR RFP
A.20Non-Collusion
A.21Declaration
A.22RFP Evaluation and Award
A.23Payment for Retainer Services
A.24RFP Documents to be Submitted
A.24.1Technical / Management Proposal (Envelope No. 1)
A.24.2Fee Schedule (Envelope No. 2)
A.25Evaluation of Service Provider performance
B. SCOPE OF WORK
B.1Description of Services
B.1.1TECHNICAL SERVICES REQUIREMENTS
B.2Quality Control Requirements for Retainer Services
B.3Insurance Requirements
C.TECHNICAL STANDARDS AND SPECIFICATIONS
C.1InTroduction
Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
A. GENERAL INFORMATION AND INSTRUCTIONS
A.1Intent of the RFP
The purpose of this Request for Proposals (RFP) is to initiate the process for short-listed Service Providers to submit a Proposal for furnishing the professional and technical services outlined in the Scope of Work, Section B.
The Ministry intends to select up to three (3) firms to call upon from time to time, depending on the Ministry’s needs, to provide the Retainer Services described herein. In general terms, the project is to provide Retainer Services, to the MTO, which likely will include several separate Work Items during a period of up to twenty four (24) months.
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 Legal Agreement with the Ministry.
A.2RFP Documents
This RFP package consists of the following documents:
(a)Request for Proposals defining the Proposal process and selection, the scope of the Retainer Services and criteria for performance of the services. A Service Provider must fill the following Forms provided with the RFP Document:
Appendix 1 Fee Schedule
Appendix 2 Tax Compliance Declaration
Appendix 3AWork Item Order Form
Appendix 3BWork Item Quote Form
Appendix 4A Certification – No Conflict of Interest or
Appendix 4BCertification – Conflict of Interest
Appendix 4CList of Service Provider Staff Who Participated in Preparation of the RFP Submission
Appendix 5AOccupational Health & Safety Statutory Declaration
Appendix 5BOccupational Health & Safety: Notice To Service Providers
Appendix 5COccupational Health & Safety: List of Designated Substances in Ministry Workplaces
Appendix 5DOccupational Health & Safety: MOL Orders
Appendix 6Check List of Mandatory Documents for RFP
(b)The Retainer Services Legal Agreement.
The Proposal requirements of the RFP are defined in Sections A.4 and A.24.
A.3RFP Schedule
The following RFP schedule is tentative and is subject to change without penalty to the Ministry provided that all Respondents are given written notice of the change:
Activity / Date / DeadlineRFP Issue Date / Insert Date
Deadline for Service Providers to Request Clarifications / Insert Date
Anticipated Date to Provide Response to Clarifications / Insert Date
Proposal Submission Deadline / Insert Date / Time 1:30:00pm
Anticipated Award Date / Insert Date
A.4format of RFP Submission
All Service Providers shall strictly adhere to the procedure for the completion and submission of the Proposals and any variance there may be sufficient cause for the rejection of the Proposals.
Submission consisting of XX copies of the Technical & Management Submission (Envelope No. 1) and one (1) copy of the Fee Schedule (Envelope No. 2) must be submitted in accordance with Section A.24.
Each RFP package must be marked on the outside "Retainer Assignment”, Assignment No. insert numberswith the Service Provider's name and address. The Proposal package shall be marked Confidential on the outside.
All Proposals must be submitted in hard copy. No facsimile transmissions will be accepted.Submissions not in accordance with the instructions included in this RFP may be disqualified without further evaluation. Proposals cannot be amended after they are submitted.
All Proposals 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 unsigned Proposals.
The time of receipt of Proposals will be determined by the Ministry's date/time stamp.
The Service Provider understands and agrees that the Ministry may, if deemed necessary, verify any information provided in any Submission.
Each Service Provider may only submit one (1) Proposal in response to this RFP. Service Providers may re-submit their Proposal prior to the Proposal Submission Deadline. Should a Service Provider re-submit a Proposal, the submission bearing the latest date/time stamp will be included in the evaluation.
The Ministry will receive Submissions no later than insert timeEastern Standard Time on insert date at the following address:
(insert address)
Attention: Attention: (insert name)
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.
No alteration or modification to the Proposal will be accepted after the specified closing date/time for submitting the Proposal.
The Service Provider may withdraw its Proposal upon written request at any time before the Proposal Submission Deadline.
A.5Enquiries
Any Service Provider who has questions as to the meaning of any part of this RFP or Retainer Services described in this RFP must make a written enquiry prior to insert date, requesting clarification, interpretation or explanation, to the following Ministry contact person:
(insert Ministry Assignment Administrator)
(insert address)
(insert fax number)
It is the Service Provider's responsibility to obtain all the necessary information concerning the intent and requirements of this RFP and the scope of the Retainer Services described herein. Each Service Provider shall be solely responsible for examining all the RFP 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.
Each Service Provider shall review all RFP documents, and shall promptly report and request clarification as may be required. The Ministry reserves the right to distribute any or all questions and answers to all other Service Providers. All attempts will be made to provide responses to clarifications by the identified date in RFP Schedule in Section A.3. Depending on the nature of the clarification required, the Clarification Date may be revised.
A Service Provider is requested NOT to make verbal enquiries of Ministry staff. No information given orally by Ministry staff or by means of wire or telephone will be binding on the Ministry,nor will it be construed as a factor in the evaluation of the Proposal.
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Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
A Service Provider is requested NOT to make verbal enquiries of Ministry staff. No information given orally by Ministry staff or by means of wire or telephone will be binding on the Ministry, nor will it be construed as a factor in the evaluation of the Quotation.
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Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
A.6Information Obtained by Service Provider
All requirements, designs, documentation, plans and information viewed or obtained by the Service Provider in connection with this RFP and the services described herein are the property of the Ministry and must be treated as confidential and not used for any purpose other than replying to this RFP and the fulfilment of any subsequent contract. Upon request of the Ministry, all such designs, documents, plans and information shall be returned to the Ministry.
Notwithstanding the above, if the requirements, designs, documentation, plans and information obtained by the Service Provider in connection with this RFP are obtained from the Ministry’s publisher or similar agent, then these documents shall not be treated as confidential and this provision shall not apply.
A.7Changes to the RFP by the Ministry
The Ministry reserves the right to revise the RFP up to the Proposal Submission Deadline.
The Ministry reserves the right to modify the schedule, or cancel this RFP for any reason, without incurring any liability for costs, losses or damages incurred by any company invited to participate in the Proposal phase.
Any changes or revisions to the RFP will be issued in writing as a formal addendum to all Service Providers.
A.8Withdrawal and Irrevocable PROPOSAL after Closing
The Service Provider may withdraw its Proposal, without penalty, by written notice or fax transmission to the number indicated above, if the notice or fax transmission is received any time before the Proposal Submission Deadline.
After the Proposal Submission Deadline, the Proposal received on time by the Service Provider and will remain in effect and open for acceptance by the Ministry for a period of ninety (90) calendar days after the Proposal Submission Deadline.
A.9Confidentiality of PROPOSALS
The Ministry will consider all Proposals as confidential, subject to the provisions of and the disclosure requirements of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31. The Ministry will, however, have the right to make copies of all Proposals received for its internal review and evaluation process.
A.10Clarifications
Without prejudice to this right, the Ministry may request clarifications where any Service Provider's intent is not clear or may waive or request amendment where, in the opinion of the Ministry, there is a minor irregularity or omission in the information that is to be submitted in the Quotation.
A.11right to accept or reject
The Ministry reserves the right to reject any and all Quotations, whether or not completed properly and whether or not it contains all required information.
A.12Misleading Information
The Service Provider understands and agrees that the Ministry may, if deemed necessary, verify any information provided in any submission. If there is any evidence of misleading or false information having been given, the Ministry may, in its sole discretion, reject the submission.
A.13Award to be in Writing
The acceptance of the submission and the award of this contract will be made in writing and only in writing by the Ministry signing the acceptance portion of Appendix 3B.
A.14Execution of Contract
The successful Service Provider will be required to enter into and duly execute a written contract with the Ministry in the Appendix attached hereto to this RFP within ten (10) business days, or such longer time period as is referred to in the written notice given by the Ministry, that the contract is ready for execution.
The successful Service Provider will be required to comply with the fully executed RFP including the Terms and Conditions, which shall form the legal agreement with the Ministry after acceptance by the Ministry. Any subsequent changes to the legal agreement will be made only in writing.
The draft agreement attached to this RFP is substantially of the form in which the Ministry expects it to be executed. Only those changes which are necessary to reflect the options or variables set out in this RFP will be made to the contract.
A.15FAILURE TO EXECUTE CONTRACT
In the event that a successful Service Provider fails to enter into and duly execute the written contract within the prescribed time, the Ministry reserves the right, in its sole discretion, to request from the second Service Provider in the ranking for a Price Quote by forwarding to the Service Provider the completed Assignment Order Appendix, describing in detail the scope of work and related information / requirements.
The defaulting Service Provider shall be liable for all losses, damages, costs and expenses (including consequential losses and damages, and legal fees on a solicitor and client basis) suffered or incurred by the Ministry as a direct or indirect result thereof, including but not limited to any increase in the price of performance over the price submitted by the defaulting Service Provider in its Proposal.
A.16No Liability for Expenses
The Ministry will not be liable for any loss or damage suffered by any Service Provider including, without limitation, any expenses incurred in the preparation and submission of the Proposal.
A.17Tax Compliance declaration
The Ontario Government expects all suppliers to pay their Ontario tax obligations on a timely basis. In this regard, proponents are advised that their Ontario tax obligations, if any, must be in good standing or order to be considered for a contact award. In order to be considered for a contract award, the proponent must submit a tax compliance status statement and a consent to disclose declaration, located in Appendix 2 of Part C, signed by a Service Provider staff who is authorized by the Service Provider (Key Contact/Alternate Contact in RAQS), verifying they are in full compliance with all applicable Ontario tax statutes, whether administered by the Ontario Ministry of Finance or by the Canada Revenue Agency, and that, in particular, all returns required to be filed have been filed and all taxes due and payable under those statutes have been paid or satisfactory arrangements for their payment have been made and maintained; or the Proponent will take all necessary steps prior to being considered for contract award in order to be in full compliance with all applicable Ontario tax statutes.
The Service Provider should note that when awarding a government contract, the Ministry is required to forward to the Ministry of Finance a copy of the signed Tax Declaration Form of the successful Service Provider for verification of their accuracy. A Service Provider who is not compliant of Corporate Taxes of government of Ontario, cannot be awarded an assignment of value $25,000 or greater.
A.18Conflict of Interest
The RFP submission must include a statement regarding conflict of interest. Each Service Provider must include in its Proposal either Appendix 4A or 4B, completedand signed by an authorized Service Provider Staff member (Key Contact/Alternate Contact identified in RAQS):
Certification - No Conflict of Interest (Appendix 4A); or
Certification - Conflict of Interest (Appendix 4B).
That the Service Provider 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 as the Retainer Services Service Provider under the Agreement. Where applicable, a Service Provider must declare in its Proposal any situation 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; and
That the Service Provider neither has, nor has access to, any Confidential Information as defined below;
“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 RFP process); the Confidential Information is relevant to the Services required by the RFP, their pricing or the RFP evaluation process; and the disclosure of which could result in prejudice to the Crown or an unfair advantage to the Retainer Services Service Provider.
In addition, each Proposal shall include a list of names, addresses and telephone numbers of the persons who participated in the preparation of the RFP submission (Appendix 4C).
The RFP submission of any Service Provider may be disqualified where the Service Provider fails to provide confirmation of the foregoing 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: The Service Provider whose RFP submission is accepted by the Ministry 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.
A.19Check List of Mandatory DOCUMENTS FOR RFP
In preparing their Proposals, Service Providers must make specific reference in their Proposal to the Check List of Mandatory Documents For RFP listed in Appendix 6.
A.20Non-Collusion
A Service Provider shall not discuss or communicate with any other Service Provider about the preparation of their RFP submissions. Each Service Provider shall participate in the RFP process fairly and without collusion or fraud.
A.21Declaration
By submitting a Proposal, the Service Provider attests that it is knowledgeable in the applicable Occupational Health and Safety Statutes and Regulations and that it will conform to all such Statutes and Regulations including, but not limited to:
(a)Occupational Health and Safety Act;
(b)WHMIS;
(c)Transportation of Dangerous Goods Act; and
(d)Workplace Safety and Insurance Act.
A.22RFP Evaluation and Award
The RFP submission is to consist of two (2) envelopes as described in Sections A.4 and A.24. A Service Provider proposal received on time and meeting the RFP requirements is evaluated / scored against the pre-established RFP scoring criteria. Upon receipt of each RFP submission, the Ministry shall separate the two (2) envelopes. The Fee Schedules shall remain sealed until the completion of the Technical and Management submission evaluations. Each RFP submission received will be examined to determine if it meets the Mandatory Requirements.
Failure to comply with Mandatory Requirements may result in disqualification of the Proposal from further consideration, in which case the Service Provider will be notified and the submitted documents returned to the Service Provider.
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Retainer - RFP - Version 5.9 – June 2011Assignment Number: insert
Once completeness of a Fee Schedule has been established, a "weighted" total rate for the Service Provider will be calculated from the rates proposed in the Fee Schedule - Appendix 1 as follows: