ProServices Supply Arrangement is a federal government-wide mandatory procurement tool for the provision of professional services below the NAFTA threshold.
The following clauses apply to and form part of any Supply Arrangement resulting from the RFSA. Only suppliers who are qualified and "Active" SA Holders at the time a bid solicitation is issued are eligible to be invited to bid.
The Supply Arrangement covers the work described in the Streams and Categories section for Task Based Informatics Professional Services (TBIPS) Streams 1 to 7 Annex A SO/SA - Requirements for Services; and Task and Solutions Professional Services [task based] (TSPS), Streams 8 to 12: ProServices - Streams and Categories.
(The requirements for services of each Supplier are a part of each individual Supply Arrangement, attached as Annex A.)
2.1 The Supplier must, at all times during the performance of the Supply Arrangement hold a valid Designated Organization Screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), Public Works and Government Services Canada (PWGSC). The Supply Arrangement Authority may verify the Supplier's security clearance with CISD of PWGSC at any time during the period of the Supply Arrangement.
2.2 The Supplier personnel requiring access to sensitive work site(s) must each hold a valid Reliability Status, granted or approved by CISD/PWGSC.
2.3 Subcontracts which contain security requirements are not to be awarded without the prior written permission of CISD/PWGSC.
2.4 The Supplier must comply with the provisions of the:
2.5 The requirements to be procured under this Supply Arrangement are subject to the requirements in the Security Requirement Check Lists (SRCL's) identified in each individual bid solicitation. Samples of possible SRCL's are accessible through the link Common Centralized Professional Services: Security Requirement Checklists but other SRCL's may be used. Each bid solicitation will identify the SRCL that will apply to any resulting contract.
[Note to suppliers: In the case of Joint Ventures or Amalgamations, the highest level of corporate security attainable through CISD of PWGSC is the lowest level held by any single member of the JV or amalgamation. For example: a Joint Venture with five (5) members is comprised of four members holding a valid Facility Security Clearance (FSC) at the Secret level and one member holding a valid Designated Organization Screening (DOS). The highest corporate security level for which the Joint Venture would be considered under this SA framework would be DOS, until such time as the member holding a valid DOS clearance has requested sponsorship via the Supply Arrangement Authority and obtained a valid FSC at the secret level issued by CISD.]
All clauses and conditions identified in the Supply Arrangement and resulting contract(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada.
2020 (2015-07-03) General Conditions - Supply Arrangement - Goods or Services, apply to and form part of the Supply Arrangement.
The Supplier must compile and maintain records on its provision of goods, services or both to the federal government under contracts resulting from the Supply Arrangement. This data must include all purchases paid for by a Government of Canada Acquisition Card.
The Supplier must provide this data in accordance with the reporting requirements detailed in Quarterly Usage Report Instructions. If no goods or services are provided during a given period, the Supplier must still provide a "NIL" report.
The data must be submitted on a quarterly basis to the Supply Arrangement Authority. Electronic reports must be completed and forwarded to the Supply Arrangement Authority, no later than 15 calendar days after the end of the quarterly report.
The quarterly reporting periods are defined as follows:
Failure to provide fully completed quarterly reports in accordance with the above instructions may result in the setting aside of the Supply Arrangement and the application of a vendor performance corrective measure.
The period of the Supply Arrangement is from award date to April 2, 2018.
Canada may, by notice in writing to all Supply Arrangement suppliers and by posting on the Government Electronic Tendering System, cancel this Supply Arrangement or occupational categories or stream(s) by giving all Supply Arrangement suppliers at least 30 calendar days notice of the cancellation.
PWGSC intends to issue a re-competition bid solicitation to replace the ProServices Supply Arrangements in the Spring of 2017, although PWGSC reserves the right to choose to proceed with a different procurement vehicle for the requirement if it considers such action appropriate. Each such re-competition requires all bidders, including those who may have received a Supply Arrangement, to submit a bid in response to the re-competition. The terms and conditions of each re-competition may add, modify or remove Categories/Streams, and may otherwise modify the requirements of the previous re-competition. As such, each re-competition stands alone, separate and apart from any previous re-competition. While some aspects of a bidder's bid may incorporate by reference information already in the possession of Canada, commonly referred to as grandfathering, all the requirements of a solicitation must be met by each bidder by the submission due date.
There will be an ongoing opportunity to qualify. A Request for Supply Arrangement will be issued in accordance with the process set out below to allow new suppliers to become qualified. Existing pre-qualified Suppliers who have been issued a Supply Arrangement, will not be required to submit a new arrangement. New Suppliers may submit a bid for a Supply Arrangement at any time by responding to the ongoing opportunity referred to as a "refresh". An existing Supplier may propose to modify its arrangement by adding or removing categories. Canada reserves the right to issue Supply Arrangements to bidders who qualify throughout the entire refresh period of the Supply Arrangement.
Refresh evaluations will start on a quarterly basis. Canada will endeavor to evaluate in each quarter those submissions received by the beginning of such quarter as identified below. This schedule may require a revision due to operational requirements and in which case suppliers will be advised. Participation in a refresh evaluation is entirely optional and not required to maintain any Supply Arrangement.
Permanent Notice: A permanent notice will be posted on the Government Electronic Tendering Service (GETS) for the duration of the Supply Arrangement describing this procurement vehicle which will invite additional suppliers to submit arrangements to become pre-qualified Suppliers and to be issued SAs for the provision of Services.
Period | Quarter | Period End Date | Evaluation Start | Estimated Award Date (Subject to Change) |
---|---|---|---|---|
1 | Q1 | June 30, 2014 | July 2, 2014 | Sept 30, 2014 |
2 | Q2 | 30 Sept, 2014 | Oct 1, 2014 | Dec 31, 2014 |
3 | Q3 | Dec 31, 2014 | Jan 5, 2015 | Mar 31, 2015 |
4 | Q4 | Mar 31, 2015 | Apr 1, 2015 | June 30, 2015 |
5 | Q1 | June 30, 2015 | July 2, 2015 | Sept 30, 2015 |
6 | Q2 | Sept 30, 2015 | Oct 1, 2015 | Dec 31, 2015 |
7 | Q3 | Dec 31, 2015 | Jan 4, 2016 | Mar 31, 2016 |
8 | Q4 | Mar 31, 2016 | Apr 1, 2016 | June 30, 2016 |
9 | Q1 | June 30, 2016 | July 4, 2016 | Sept 30, 2016 |
10 | Q2 | Sept 30, 2016 | Oct 3, 2016 | Dec 30, 2016 |
11 | Q3 | Dec 30, 2016 | Jan 2, 2017 | Mar 31, 2017 |
Regarding Period 11: Quarterly refresh ends/Refresh bid solicitation ends. Anticipated Re-Competition: 15 May through 17 July 2017; evaluations 18 July 2017 through 19 February 2018; award by end of February 2018.
The Supply Arrangement Authority is:
The Supply Arrangement Authority is responsible for the issuance of the Supply Arrangement, its administration and its revision, if applicable. Upon the issuance of a bid solicitation under the Supply Arrangement by a Client (Federal Department User), that Client's Contracting Authority is responsible for any contractual issues relating to the contract solicited. Any changes to the Supply Arrangement must be authorized in writing by the Supply Arrangement Authority.
The Supply Arrangement Authority is the main delegated authority on behalf of Canada and the Minister for the administration and management of this Supply Arrangement. The Supply Arrangement Authority will act as the overall maintainer of the ProServices Supply Arrangement pre-qualified Supplier's list and will be responsible for ensuring the administration of all Supply Arrangements.
This individual is the central point of contact within the Supplier for all matters pertaining to this Supply Arrangement. The Supplier confirms that this individual has the authority to bind the Supplier. It is the Supplier's sole responsibility to ensure that the information related to the Supplier Representative is correct. If a replacement or a new Supplier Representative is required, the Supplier will:
The Supplier may designate another individual to represent the Supplier for administrative and technical purposes under any contract resulting from this Supply Arrangement.
Suppliers are responsible for the maintenance of their tombstone data in CPSS. Suppliers must also safeguard the credentials released to the Main Supplier Contact (MSC) and Supplier's Contacts that enable access to the Supplier Module.
Canada will not delay or cancel any solicitation or contract process due to a supplier's inability to access, modify or validate such credentials, or because of any claim that such credentials were used without proper authorization.
Subject to signing a Master Level User Agreement, the Federal Department Users (also called Clients) include any government department, agency or Crown Corporation listed in Schedules I, I.1, II, III, IV, and V of the Financial Administration Act, R.S., 1985, c. F-11 and any other party for which the Department of Public Works and Government Services has been authorized to act from time to time under section 16 of the Department of Public Works and Government Services Act.
Canada may, at any time, withdraw authority from any of the Federal Department Users to use the Supply Arrangement.
If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list.
Compliance with the certifications provided by the Supplier in the arrangement is a condition of the Supply Arrangement (SA) and subject to verification by Canada during the term of the SA and of any resulting contract that would continue beyond the period of the SA. If the Supplier does not comply with any certification or it is determined that any certification made by the Supplier in the arrangement is untrue, whether made knowingly or unknowingly, Canada has the right to terminate any resulting contract for default and suspend or cancel the SA.
The Supply Arrangement (SA) and any contract resulting from the SA must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.
In addition to the circumstances identified in 2020 09, Canada may, by sending written notice to the Supplier, suspend or cancel the Supply Arrangement where the Supplier has made public any information that conflicts with the terms, conditions, pricing or availability of systems identified in this Supply Arrangement, or where the Supplier is in default in carrying out any of its obligations under this Supply Arrangement.
Where an Aboriginal Business Certification has been provided, the Supplier warrants that its certification of compliance is accurate and complete and in accordance with the "Requirements for the Set-aside Program for Aboriginal Business" detailed in Annex 9.4 of the Supply Manual.
If such a Certification has been provided, the Supplier must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The Contractor must obtain the written consent of the Contracting Authority before disposing of any such records or documentation before the expiration of six (6) years after final payment under the Contract, or until settlement of all outstanding claims and disputes, under the Contract, whichever is later. All such records and documentation must at all times during the retention period be open to audit by the representatives of Canada, who may make copies and take extracts. The Supplier must provide all reasonably required facilities for any audits.
Nothing in this clause must be interpreted as limiting the rights and remedies which Canada may otherwise have pursuant to the Contract
The Supply Arrangement is not to be used for deliveries within a Comprehensive Land Claims Area (CLCA). All requirements for delivery within a CLCA are to be processed individually.
As part of Canada's policy directing federal departments and agencies to take the necessary steps to acquire products and services that have a lower impact on the environment than those traditionally acquired, Suppliers should:
The Travel and Living expenses are calculated differently between the Regions and Metropolitan areas and this may affect the total cost of a professional services contract as a result of a bid solicitation under the Supply Arrangement. Accordingly, if any contract resulting from a solicitation under this Supply Arrangement permits payment to a Contractor in its Basis of Payment for Travel and Living expenses, such expense will only be reimbursed in accordance with the information provided at Supply Arrangement Travel and Living Information.
Definitions of the National Zone, Regions and Metropolitan Areas are incorporated by reference into this supply arrangement, with the exception that for the purposes of this Supply Arrangement, the Remote/Virtual Access (formerly known as the "National Zone") is to be considered as another Region.
The following Regions and Metropolitan areas may receive professional services under this Supply Arrangement where a Supplier is qualified to do so:
By providing information on its status, with respect to being a former public servant in receipt of a Public Service Superannuation Act (PSSA) pension, the Contractor has agreed that this information will be reported on departmental websites as part of the published proactive disclosure reports, in accordance with Contracting Policy Notice: 2012-2 of the Treasury Board Secretariat of Canada.
Canada will use the bid solicitation templates for medium complexity requirements; available in the Standard Acquisition Clauses and Conditions Manual.
The bid solicitation will contain as a minimum the following:
Bids will be solicited for specific requirements within the scope of the Supply Arrangement from Suppliers who have been issued a Supply Arrangement.
Competitive Requirements: A minimum of two Suppliers must be invited by the client (Federal Department User) to submit a proposal via e-mail by:
The CPSS Client Module will automatically extend the search completed at a metropolitan area to the regional level, if the search results produce a list of less than 3 suppliers.
The value of any bid, at the time of bid closing, must not exceed the North American Free Trade Agreement threshold (including all taxes, travel and living, amendments, etc.).
Direct Requirements: Federal Department Users may enter into a contract with a Supplier appearing in the results from a search conducted by a Client in the CPSS Client Module for contracts valued below $25,000 (including taxes, travel and living, amendments, etc.) where the contracting officer deems it cost effective to do so, as permitted under the Government Contracting Regulations and provided that the Federal Department User meets all required internal approvals specific to their department.
A local office of a pre-qualified Supplier is also part of the search results, with a local office of a Supplier being defined as having at least 1 full time employee working at the location. This employee is not to be a shared resource. Pre-qualified Suppliers with local offices will also be displayed in a search result for a requirement less than $25,000.
As part of the harmonized business rules, for competitive contracts valued below the NAFTA threshold, a minimum of five calendar days must be given to the bidders to respond. For direct contracting (contracts valued below $25,000), it is up to the Federal Department User to determine the minimum number of days.
Provided a Client has the legal authority to contract, it may choose to award contracts under this Supply Arrangement below the NAFTA threshold (including taxes, travel and living, amendments, etc.). The Supplier agrees only to perform individual contracts made by an authorized representative of Canada pursuant to this SA that do not exceed the applicable Contract Authority value limitations.
The conditions of any contract awarded under the Supply Arrangement will be in accordance with the resulting contract clauses of the medium complexity template used for the bid solicitation template, which is set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada.
Clients can view the Security Requirement Checklists (SRCLs) at Common Centralized Professional Services: Security Requirement Checklists.
The Work to be performed is detailed under Annex A of the resulting contract clauses.
All clauses and conditions identified in the Contract by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada.
2010B General Conditions – Professional Services (Medium Complexity), apply to and form part of the contract.
The Work is to be performed during the period of ______ (fill in start date of the work) to ______ (fill in end date of the work).
The Contractor grants to Canada the irrevocable option to extend the term of the Contract by up to _______ additional ________ year period(s) under the same conditions. The Contractor agrees that, during the extended period of the Contract, it will be paid in accordance with the applicable provisions as set out in the Basis of Payment.
Canada may exercise this option at any time by sending a written notice to the Contractor at least _____ calendar days before the expiry date of the Contract. The option may only be exercised by the Contracting Authority, and will be evidenced for administrative purposes only, through a contract amendment.
The Contracting Authority for the Contract is:
Name: __________
Title: __________
Public Works and Government Services Canada
Acquisitions Branch
Directorate: _________
Address: _________
Telephone: ___ ___ _______
Facsimile: ___ ___ _______
E-mail address: _________
The Contracting Authority is responsible for the management of the Contract and any changes to the Contract must be authorized in writing by the Contracting Authority. The Contractor must not perform work in excess of or outside the scope of the Contract based on verbal or written requests or instructions from anybody other than the Contracting Authority.
The Project Authority for the Contract is:
Name: _________
Title: _________
Organization: __________
Address: __________
Telephone: ___ ___ _______
Facsimile: ___ ___ _______
E-mail address: ___________
The Project Authority is the representative of the department or agency for whom the Work is being carried out under the Contract and is responsible for all matters concerning the technical content of the Work under the Contract. Technical matters may be discussed with the Project Authority, however the Project Authority has no authority to authorize changes to the scope of the Work. Changes to the scope of the Work can only be made through a contract amendment issued by the Contracting Authority.
In consideration of the Contractor satisfactorily completing all of its obligations under the Contract, the Contractor will be paid a ________ (insert "firm price" OR "firm unit price(s) OR "firm lot price(s)), as specified in________ (insert "contract" OR "in Annex ___ ") for a cost of $ _________ (insert the amount at contract award). Customs duties are_________ (insert "included", "excluded" OR "subject to exemption") and Applicable Taxes are extra.
Canada will not pay the Contractor for any design changes, modifications or interpretations of the Work, unless they have been approved, in writing, by the Contracting Authority before their incorporation into the Work.
For the Work described in _________ (insert the applicable section(s) of the Statement of Work to which this Basis of Payment applies) of the Statement of Work in Annex ____(insert).
In consideration of the Contractor satisfactorily completing its obligations under the Contract, the Contractor will be paid a_____, (insert "firm price" OR "firm lot price(s)") for a cost of $ _______ (insert the amount at contract award). Customs duties are_____ (insert "included", "excluded" OR "subject to exemption") and Applicable Taxes are extra.
For the firm price portion of the Work only, Canada will not pay the Contractor for any design changes, modifications or interpretations of the Work unless they have been approved, in writing, by the Contracting Authority before their incorporation into the Work.
OR
The Contractor will be reimbursed for the costs reasonably and properly incurred in the performance of the Work, ______ (insert, if applicable, "and profit,") as determined in accordance with the Basis of Payment in Annex _____, to a limitation of expenditure of $________ (insert the amount at contract award). Customs duties are ________ (insert "included", "excluded" OR "subject to exemption") and Applicable Taxes are extra.
For the Work described in _________(insert the applicable section(s) of the Statement of Work to which this Basis of Payment applies) of the ________(insert "Statement of Work") in Annex ____(insert).
The Contractor will be reimbursed for the costs reasonably and properly incurred in the performance of the Work, _______ (insert, if applicable, "and a profit,") as determined in accordance with the Basis of Payment in Annex ____, to a limitation of expenditure of $ ________(insert the amount at contract award). Customs duties are ________ (insert "included", "excluded" OR "subject to exemption") and Applicable Taxes are extra.
whichever comes first.
(Use applicable SACC Manual clauses or other approved clauses related to invoicing instructions. Invoicing instructions also cover claims for progress payment; therefore any reference to invoices would also cover claims for progress payment. Examples of clauses to insert in full text: H3020C, H3022C, H3024C, H5001C.)
Compliance with the certifications and related documentation provided by the Contractor in its bid is a condition of the Contract and subject to verification by Canada during the term of the Contract. If the Contractor does not comply with any certification, provide the related documentation or if it is determined that any certification made by the Contractor in its bid is untrue, whether made knowingly or unknowingly, Canada has the right, pursuant to the default provision of the Contract, to terminate the Contract for default.
The Contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in _____________. (Insert the name of the province or territory as specified by the Bidder in its bid, if applicable).
If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list.
If applicable, use the following clause when the requirement is a defence contract as defined in the Defence Production Act.
SACC Manual clause A9006C _____ (insert date) Defence Contract
Canada will reimburse the Contractor for its pre-authorized travel and living expenses reasonably and properly incurred in the performance of the Work in accordance with the clause titled "Travel and Living" of the Supply Arrangement which is also available at:
_________________(insert)
Estimated Cost: $ _______________(insert)
(Applicable to IT Requirements only)
(Applicable to Non-IT Requirements Only)
The Contractor is liable for any damage caused by the Contractor, its employees, subcontractors, or agents to Canada or any third party. Canada is liable for any damage caused by Canada, its employees or agents to the Contractor or any third party. The Parties agree that no limitation of liability or indemnity provision applies to the Contract unless it is specifically incorporated in full text in the Articles of Agreement. Damage includes any injury to persons (including injury resulting in death) or loss of or damage to property (including real property) caused as a result of or during the performance of the Contract.
If the Contractor determines that none of these alternatives can reasonably be achieved, or if the Contractor fails to take any of these steps within a reasonable amount of time, Canada may choose either to require the Contractor to do (c), or to take whatever steps are necessary to acquire the rights to use the allegedly infringing part(s) of the Work itself, in which case the Contractor must reimburse Canada for all the costs it incurs to do so.
The Contractor agrees that Canada may translate in the other official language any documentation delivered to Canada by the Contractor that does not belong to Canada. The Contractor acknowledges that Canada owns the translation and that it is under no obligation to provide any translation to the Contractor. Canada agrees that any translation must include any copyright notice and any proprietary right notice that was part of the original. Canada acknowledges that the Contractor is not responsible for any technical errors or other problems that may arise as a result of the translation.