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Proposal Submission Deadline: September 25, 2014 at 2:00:00 pm Local Time in Toronto, Ontario, Canada
OECM shall not be obligated in any manner to any vendor whatsoever until a written agreement has been duly
executed with a vendor.
OECM, 90 Eglinton Avenue East, Suite 504, Toronto, Ontario, Canada, M4P 2Y3
This Request for Proposals (“RFP”) is an invitation to prospective Proponents to submit Proposals to enter
into a Master Agreement (“Agreement”) for the provision of IT Technical Support Services (“Services”) on an
as-and-when required basis to support OECM Clients. The requirements are further described in Part 2 –
Deliverables (the “Deliverables”).
OECM Clients, as applicable, are obligated to adhere to the Ontario Broader Public Sector (“BPS”)
Procurement Directive effective April 1, 2011 issued by the Ontario Management Board of Cabinet.
The directive sets out rules for designated BPS organizations on the purchase of goods and services using
public funds.
To ensure that goods and services, including construction, consulting services, and information
technology are acquired by BPS organizations through a process that is open, fair, and transparent;
To outline responsibilities of BPS organizations throughout each stage of the procurement process; and
To ensure that procurement processes are managed consistently throughout the BPS. The directive
applies to all School Boards, Colleges and Universities in Ontario; and
The goal of the BPS supply chain code of ethics is to ensure an ethical, professional and accountable BPS
supply chain in Ontario through:
Visit the following website for the complete BPS Procurement Directive document -
http://www.fin.gov.on.ca/en/bpssupplychain/documents/bps_procurement_directive.html.
OECM is a non-for-profit BPS organization that leads collaborative strategic sourcing initiatives to lower
costs and increase efficiencies for publicly assisted Ontario School Boards, Colleges of Applied Arts and
Technologies (“Colleges”), and Universities as well as other BPS organizations.
Establishes, promotes and manages non-mandatory agreements for products and services commonly
used throughout their Client community;
Supports Client’s access and use of OECM agreements through analysis, reporting and the
development of tools, guides, and other materials;
Actively promotes adherence to the Ontario BPS Procurement Directive in all phases of the sourcing
and agreement lifecycle.
BPS entities are public sector organizations defined under the Broader Public Sector Accountability Act,
2010 as follows:
Every hospital;
Every school board;
Every university in Ontario and every college of applied arts and technology and post-secondary
institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for
purposes of calculating annual operating grants and entitlements;
Every approved agency designated as a children’s aid society under subsection 15 (2) of Part I of the
Child and Family Services Act;
Every community care access corporation;
Every corporation controlled by one or more designated broader public sector organizations that exists
solely or primarily for the purpose of purchasing goods or services for the designated broader public
sector organization or organizations;
Every publicly funded organization that received public funds of 10 million dollars or more in the
previous fiscal year of the Government of Ontario; and,
Every organization that is prescribed for the purposes of this definition.
OECM Clients are located in five (5) geographical Zones (as set out below and in Appendix J) throughout
the Province of Ontario.
Central Zone;
East Zone;
North East Zone;
North West Zone; and
West Zone.
OECM supports collaborative sourcing initiatives for one-hundred-and-eighteen (118) SCU’s. The
approximate number of SCU’s in each Zone is set out below and further illustrated in Appendix K:
Zone # of SCU’s
Central Zone 53
East Zone 18
North East Zone 21
North West Zone 11
West Zone 15
Totals: 118
OECM currently has the following Clients using one (1) or more OECM agreements, as of July 23, 2014:
One-hundred and thirteen (113) School Boards, Colleges and Universities (“SCU’s”); and
Participation in OECM agreements has been steadily growing, clearly demonstrating that the Ontario
education sector and other BPS organizations are achieving value through the OECM agreements.
The following OECM Clients have been involved with the development of the requirements set out in this
RFP:
The above Clients are not, in any way, committed to participate in the resulting Agreement from this RFP.
The primary objective of this RFP is to procure Services for OECM Clients to satisfy their needs as
described in Part 2 – The Deliverables.
It is OECM’s intention to enter into an Agreement with up to ten (10) Preferred Proponents, based on the
terms and conditions set out in Appendix A of this RFP, for the provision of the Deliverables to Clients who
execute a Client Supplier Agreement (“CSA”).
The Term of the Agreement is intended to be for a period of three (3) years, with an option in favour of
OECM to extend the Term of the Agreement on the same terms and conditions for up to two (2) additional
periods of up to one (1) year each.
Clients participating in the Agreement will execute CSAs with the Supplier as attached in Appendix A. The
Supplier and Client, when executing a CSA, may mutually agree to additional terms and conditions (e.g.
specific Role; Client’s business hours, reporting, invoice formatting, payment terms) ensuring the additional
terms and conditions are not in any way inconsistent with the Form of Agreement agreed to by OECM and
the Supplier.
Clients will have two (2) options when purchasing Services from the resulting Agreement:
Purchase Services directly from a Supplier based on available Resources (e.g. resumes, experience
level, application skills); or
Issue a Quick Quote, to obtain Resources based on specific criteria such as the skills, experience and
requirements by Clients.
It is anticipated that the Agreement will be executed on or about November 2014. The Agreement must be
signed before the provision of any Deliverables commences.
Clients do not have to sign a CSA in order to issue and send Quick Quotes to Suppliers.
To encourage the use of the Agreement resulting from this RFP, OECM and the Supplier will work together
to engage Clients in this sourcing initiative.
OECM encourages the Supplier to actively market the Agreement to Clients by:
OECM will promote the use of the Agreement with Clients by:
One (1) of the members of the consortium shall identify itself as the Proponent and shall complete, sign,
and submit with its Proposal the Form of Offer (Appendix B) on behalf of the consortium;
The Proponent must also complete, sign and submit the Consortium Information (Appendix F) listing all
other consortium members and what each will supply; and
The Proponent shall assume full responsibility and liability for the work and actions of all consortium
members with respect to the obligations to be assumed pursuant to this RFP.
The information contained in the RFP constitutes an estimate and is supplied solely as a guideline to the
Proponent. Such information is not guaranteed, represented, or warranted to be accurate, nor is it
necessarily comprehensive or exhaustive.
Nothing in this RFP is intended to relieve the Proponent from forming its own opinions and conclusions with
respect to the matters addressed in this RFP. Estimates are intended to be used by OECM for the purpose
of evaluating the Proposals.
The Agreement executed with the Supplier may not be an exclusive Agreement for the provision of the
Deliverables. Clients may contract with others for the same or similar Deliverables to those described in this
RFP.
This RFP shall be interpreted according to the following provisions, unless the context requires a different
meaning:
Unless the context otherwise requires, wherever used herein the plural includes the singular, the
singular includes the plural, and each of the masculine and feminine includes the other gender;
References containing terms such as “includes” and “including”, whether or not used with the words
“without limitation” or “but not limited to”, shall not be deemed limited by the specific enumeration of
items but shall, in all cases, be deemed to be without limitation and construed and interpreted to mean
“includes without limitation” and “including without limitation”;
In construing the RFP, general words introduced or followed by the word “other” or “including” or “in
particular” shall not be given a restrictive meaning because they are followed or preceded (as the case
may be) by particular examples intended to fall within the meaning of the general words;
o Whenever the terms “must” or “shall” are used in relation to OECM or the Proponent, such terms
shall be construed and interpreted as synonymous and shall be construed to read “OECM shall” or
the “Proponent shall”, as the case may be.
o The term “should” relates to a requirement that OECM would like the Proponent to address in its
Proposal.
Unless otherwise specified in this RFP, capitalized words and phrases have the meaning set out in the Form
of Agreement attached as Appendix A to this RFP.
“Agreement” or “Master Agreement” means the formal agreement to be made between the Supplier and
OECM based on the template attached as Appendix A, together with all schedules and appendices attached
thereto and all other documents incorporated by reference therein, as amended from time to time by
agreement between OECM and the Supplier;
“Applicable Law” means any common law requirement and all applicable and enforceable statutes,
regulations, directives, policies, administrative interpretations, orders, by-laws, rules, guidelines, approvals
and other legal requirements of any government and/or regulatory authority in effect from time to time;
“Business Continuity Plans” means the documents created by the Proponent which describes how the
Proponent will maintain continuity of its operations and its commitment and ability to provide to the Clients
the Deliverables identified as time critical during an event of force majeure, or other emergency, disaster or
disruption;
“Business Day” means Monday to Friday between the hours of 9:00 a.m. to 5:00 p.m., except when such a
day is a public holiday, as defined in the Employment Standards Act (Ontario), or as otherwise agreed to by
the parties in writing;
“Business Hour” means 9:00am to 5:00pm local time in Toronto, Ontario, Canada of any Business Day;
“Broader Public Sector” or “BPS” means all Municipalities, Academic Institutions, School Boards, Health
Care Providers and Major Transfer Payment Recipients in the Province as set out in the Ontario Broader
Public Sector Accountability Act, 2010. Please see
http://www.doingbusiness.mgs.gov.on.ca/mbs/psb/psb.nsf/EN/bpsdef.html for more details of these
organizations;
“Client” means publicly assisted School Boards, Colleges of Applied Arts and Technology (“Colleges”),
Universities and Ontario Broader Public Sector organizations that may acquire the Deliverables under the
resulting Agreement;
“Client Supplier Agreement” or “CSA” means the agreement in the form of Schedule 2 of the Form of
Agreement to be entered into between the Supplier and a Client setting out specific Deliverables required by
the Client. The Supplier must provide OECM with a copy of all executed CSAs;
“Confidential Information” means confidential information of OECM and or any Client (other than
confidential information which is disclosed to the Preferred Proponent in the normal course of the RFP)
where the confidential information is relevant to the Deliverables required by this RFP, its pricing or the
evaluation process;
“Conflict of Interest” means any situation or circumstance where, in relation to the performance of its
obligations under the Agreement, the Proponent’s other commitments, relationships or financial interests (i)
could or could be seen to exercise an improper influence over the objective, unbiased, and impartial
exercise of its independent judgement; or (ii) could or could be seen to compromise, impair, or be
incompatible with the effective performance of its obligations under the Agreement;
“Cost Recovery Fee” or “CRF” means a fee, which contributes to the recovery of OECM’s operating costs
as a not-for-profit/non share corporation, which is based on the before tax amount invoiced by the Supplier
to Clients for Deliverables acquired through OECM’s competitively sourced agreements. The cost recovery
fee, for all executed CSAs, must be remitted by the Supplier to OECM on a quarterly basis;
“Deadline for Issuing Final Addenda” means the date and time as set out in Section 4.1.1 of this RFP and
may be amended from time to time in accordance with the terms of this RFP;
“Deliverables” means the Services identified in this RFP to be delivered or provided by the Preferred
Proponent in accordance with the requirements set out in this RFP during the Term of the Agreement;
“Experience Level” means an Experience Level that is associated with a particular Role in this RFP.
Experience Level 1 means less than three (3) years of experience in providing the Services; Experience
Level 2 means more than three (3) years and less than seven (7) years of experience in providing the
Services; Experience Level 3 means more than seven (7) years and less than ten (10) years of experience
in providing the Services; and Experience Level 4 means more than ten (10) years of experience in
providing the Services;
“FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, and all
regulations adopted thereunder, in each case, as amended or replaced from time to time;
“Maximum Per Diem Rates” means the Rate proposed for an Experience Level in that Role in the
Proponent’s Rate Bid Form that is the maximum amount in Canadian funds, that the Supplier may charge
the Client for the Services performed by its Resource in a Role in one (1) calendar day for the Term of the
Agreement. The Maximum Per Diem Rates cannot be increased at any time during the Term of this Master
Agreement or any Assignment Term. Any amount paid in excess of a Maximum Per Diem Rate is deemed to
be an overpayment. The Supplier may reduce any Maximum Per Diem Rate at any time by an amendment
to this Master Agreement;
“OECM’s Deadline for Issuing Final Addenda” means the date and time set out in Section 4.1.1 of this
RFP as may be amended from time to time in accordance with the terms of this RFP;
“Preferred Proponent” means the Proponent that OECM has identified as the highest scoring Proponent in
accordance with the evaluation process set out in this RFP;
“Proponent” means an entity that submits a Proposal in response to this RFP and, as the context may
suggest refers to a potential Proponent;
“Proponent’s Proposal Submission Deadline” means the Proposal submission date and time as set out
in Section 4.1.1 and may be amended from time to time in accordance with the terms of this RFP;
“Proposal” means all of the documentation and information submitted by a Proponent in response to the
RFP;
“Quick Quote” means a request for pricing issued to one (1) or more Suppliers seeking Rates for specific
Services;
“Rates” means the Maximum Per Diem Rates for the Deliverables as set out in the Proponent’s submitted
Appendix C;
“Rate Bid Form” means the form contained in Appendix C of this RFP;
“Request for Proposals” or “RFP” means this Request for Proposals #2014-213 issued by OECM for the
provision of IT Technical Support Services on an Assignment based, including all amendments or addenda
thereto;
“Resource” means the individual that is selected by Supplier and or suggested to the Client to fulfill an
Assignment;
“RFP Coordinator” means the individual identified on the front cover and in Section 4.2.1 of this RFP;
“Role” means any one (1) of the Roles described in Appendix G of this RFP;
“Services” means all the services, and work to be provided or performed by the Supplier, under the
Agreement, and includes everything that is necessary to be supplied, done, or delivered by the Supplier;
“Supplier” means a Preferred Proponent who has assumed full liability and responsibility for the provision
of Deliverables to a Client pursuant to an Agreement;
“Unfair Advantage” means any conduct, direct or indirect, by a Proponent that may result in gaining an
unfair advantage over other Proponents, including but not limited to (i) possessing, or having access to,
information in the preparation of its Proposal that is confidential to OECM and which is not available to other
Proponents, (ii) communicating with any person with a view to influencing, or being conferred preferred
treatment in, the RFP process, or (iii) engaging in conduct that compromises or could be seen to
compromise the integrity of the RFP process and result in any unfairness; and
“Zones” means the OECM geographical boundaries within the Province of Ontario as identified in Appendix
J.
[End of Part 1]
OECM invites Proponents to submit Proposals to provide Services which meet or exceed the requirements
set out in this RFP for the provision of a variety and high skilled Resources.
When the Agreement is established, Clients who require external IT support will be able to acquire the
Services offered by a Supplier, according to their specific internal policies.
Assignments are related to a particular activity or initiative and will address a specific IT requirement that
typically has a specified set of responsibilities. Tasks are finite Assignments that will require one (1) or more
Resources to complete. An Assignment should have a specific start and end date with a defined set of
Deliverables. Assignments are usually not large projects, although they may be subsets of a larger project.
The Supplier shall provide Clients with qualified Resources to complete short, medium or long term
Assignments.
2.2 IT Roles
Highly skilled Resources with specific technical knowledge and expertise are required;
Internal staff not available or to supplement internal staff;
Services are related to a particular activity or initiative and are for a finite period; and
Very specific roles, usually within specified scope and responsibilities, are required
The Supplier should provide the following Roles for all four (4) Experience Levels:
IT Roles
1. Audiovisual IT Specialist
2. Business Analyst
3. Business Architect
4. Business Integration Specialist
5. Business Intelligence Specialist
6. Data Architect
7. Database Administrator
8. Enterprise Resource Planning (ERP) Specialist
9. Infrastructure Integration Specialist
10. Information Architect
11. Methodology Specialist
12. Middleware Specialist
13. Network Administrator
14. Privacy Impact Assessment (PIA) Specialist
15. Project Manager/Leader
16. Public Key Infrastructure (PKI) Specialist
17. QA Specialist
18. Security Architect
19. Security Specialist
20. Software Architect
The full description of each Role is set out in Appendix G of the RFP.
Clients may request Roles required for their Assignments, which include either some or all of the expertise
and responsibilities set out in this RFP for a specific Role.
Note: This RFP does not include IT professional services or IT products. OECM has or will release(d) two
(2) other RFPs for the provision of IT professional services and IT switches, routers, firewall and related
services. Refer to OECM website for more information about other IT sourcing projects (www.oecm.ca).
The Supplier should provide all the Roles stated above in the following Experience Levels:
Hardware;
Software; and
Client’s staff knowledge and expertise.
The Supplier may provide off-site (i.e. remote Services) and or on-site Services (i.e. at the Clients’
premises).
The selected Resources may be requested by Clients to bring their own equipment (e.g. laptop) during an
Assignment.
Clients will have two (2) options when purchasing Services from the resulting Agreement:
Purchase Services directly from a Supplier based on available Resources (e.g. resumes, experience
level, application skills); or
Issue a Quick Quote, to obtain Services based on specific criteria such as the skills, experience, time
limited project based and requirements by Clients.
If a Quick Quote is issued, the Client or OECM will invite one (1) or more Suppliers, via email, to submit a
quote for the specific Services and Assignment requirements at that specific time.
The Quick Quote will identify the Services or it may request the Supplier to propose appropriate Services to
fulfill the Client’s Assignment requirements, timelines, objectives and any other applicable information. The
Supplier shall respond, setting out the following at a minimum:
Responses to Quick Quotes will be assessed by Clients. More than one (1) Supplier may be chosen to
provide Services based on factors such as, but not limited to:
Lowest Rate;
Resource availability;
Experience;
Skills level; and
Specific expertise.
The Quick Quote will be emailed and/or faxed directly to the Supplier’s representative, and it should be
completed and returned within three (3) Business Days (or as specified by the Client) of issuance at no cost
to the Client, or otherwise agreed upon with Client.
The Client will sign a CSA once the Assignment selection process has been finalized and/or approved.
Note: Clients are not obligated to issue a Quick Quote to access the Services from the Supplier.
The Supplier shall submit the proposed Resources’ resumes to a Client within the required timeline (e.g.
three (3) Business Days), after the Supplier receives the Client’s request. Understanding there may be
extenuating circumstances (e.g. specific skills on software), longer timeline may be required.
The Supplier should perform interviews with the proposed Resource in order to validate its skills, experience
and competences.
However, Clients may conduct interviews with the proposed Resources, to verify the Resources’ skills and
competencies for the Assignment.
The Supplier must, if require by Clients, perform skills test to validate the Resource’s expertise in, but not
limited to:
Software;
The Supplier must, if required by the Client, perform Resources’ references checks and provide Clients with
a summary report which highlights the Resource’s experience and or ability to provide the Services required.
Clients may request the Supplier to provide the Resource’s reference to perform their own reference checks.
In the event a Resource does not fulfill the requirements during his/her Assignment the Supplier must
provide an acceptable Resource for the Client to replace that Resource. Clients reserve the right to
terminate the Assignment if the Resource does not achieve the goals set up for that Assignment.
2.7.1 Rates
If the Proponent is successful under this RFP, the Maximum Per Diem Rate proposed in the Proponent’s
Rate Bid Form is the maximum amount in Canadian funds that the Supplier may charge a Client for the
Services performed in one (1) Business Day, during the initial Term of Agreement. See the definition of
Maximum Per Diem Rates set out in Section 1.14.
At any time during the Assignment selection process, the Supplier may choose to lower its Maximum Per
Diem Rate for a Role that is lower than the applicable Maximum Per Diem Rate shown on the Agreement.
Should the Supplier choose to reduce the Maximum Per Diem Rate, the reduced Per Diem Rate will be in
effect only for the specific Assignment (i.e. the Supplier will not be obligated to extend the reduced Per Diem
Rate to any other Assignment or Client).
For example: Assume in this example that the effective date of the Agreement is November 1, 2014, and
the Maximum Per Diem Rate for a Role for which a Supplier is qualified is $700.00. During the Assignment
selection process, the Supplier reduced its Per Diem Rate (e.g. reduced to $550) for that Role in that
Assignment. The $550.00 Per Diem Rate for that Role becomes a reduced Per Diem Rate for that
Assignment only. The Supplier may later propose to another Client for that same Role a Per Diem Rate of
up to $700.00.
At any time during the Term of the Agreement, the Supplier may choose to lower any Maximum Per Diem
Rate listed in the Agreement between the Supplier and OECM by way of an amendment document.
OECM or the Supplier may request a Rates refresh at the first optional extension period, if exercised.
Either party shall request a Rates refresh by providing a written notice hundred-twenty (120) days prior to
the end date of the initial Term of the Agreement.
Any such request from a Supplier for a Rates refresh must be accompanied by appropriate documentation.
As part of any refresh OECM will consider Rates adjustments that reflect changes in operation adjustments
due to new or changed municipal, provincial, or federal regulations, by-laws, or ordinances. OECM will not
consider any fixed costs or overhead adjustments in its refresh.
Decreases to any Rate shall be accepted at any time during the Term of the Agreement.
If a price refresh is not requested the Rates will remain the same for the optional extension period of the
Agreement, if exercised.
If a proposed price increase is not accepted by OECM, the Agreement extension will not be exercised.
During the Rates refresh process OECM or the Supplier may also adjust the list of available Roles.
The Maximum Per Diem Rates quoted will be exclusive of Harmonized Sales Tax (“HST”). HST must be
itemized separately on all invoices.
Travel and accommodation expenses shall not be included in the Maximum Per Diem Rates quoted.
The Supplier must obtain prior approval from the Client for costs incurred as a result of accommodation or
travel associated with a particular Assignment. These costs must be charged in accordance with the Client’s
travel policy, as may be amended from time to time. Suppliers may obtain applicable rates from the Client.
All such pre-approved costs, where applicable, must be itemized separately on invoices.
Clients are not responsible for any meal, hospitality, or incidental expenses incurred by the Supplier,
whether incurred while travelling or otherwise.
Suppliers shall obtain all permits, licences, and approvals required in connection with the supply of the
Services. The costs of obtaining such permits, licences, and approvals shall be the responsibility of, and
shall be paid for by, the Supplier.
Where a Supplier is required by Applicable Laws to hold or obtain any such permit, licence, and approval to
carry on an activity contemplated in its Proposal or in the Agreement, neither acceptance of the Proposal nor
execution of the Agreement by OECM shall be considered an approval by OECM for the Supplier to carry on
such activity without the requisite permit, licence, or approval.
2.10 Invoicing
Supplier shall submit invoices, either a paper or electronic format, per Assignment delivery, or as mutually
agreed upon between the Client and the Supplier. The invoice shall contain, at minimum, the following:
Note – Clients’ payment terms will not be in effect until Supplier provides an accurate invoice.
The Client’s standard payment terms are net thirty (30) days. Different payment terms may be agreed upon
when executing CSAs.
The Supplier should have and provide to OECM and or Clients upon request, relevant information about the
Supplier’s disaster recovery and business continuity program including the process, policies and procedures
related to preparing for recovery or continuation of Services’ availability and support critical to Clients.
OECM is committed to the highest possible standards for accessibility. Supplier must be capable to
recommend and deliver, as appropriate for each Deliverable, accessible and inclusive goods and / or
services consistent with the Ontario Human Rights Code (OHRC), the Ontarians with Disabilities Act, 2001
(ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its regulations in order to
achieve accessibility for Ontarians with disabilities.
In accordance with Ontario Regulation 429-07 made under the Accessibility for Ontarians with Disabilities
Act, 2005 (Accessibility Standards for Customer Service), Clients have established policies, practices and
procedures governing the provision of its goods and services to persons with disabilities.
The Supplier are required to comply with the Client’s accessibility standards, policies, practices, and
procedures, which may be in effect during the Term of the Agreement and which apply to the Deliverables to
be provided by the Supplier.
The Supplier or any part of consortium or dealer network shall provide effective customer support to Clients
including, but not limited to:
A responsive account executive (or a team of personnel lead by an account executive) assigned to the
Client to support their needs by providing day-to-day and ongoing administrative support;
The Supplier’s team must be responsive to the Client’s business needs of the Clients ((e.g. provide
requested information and documentation in a timely manner);
Easy access to the Supplier (i.e. by toll free telephone number, email, voicemail, and fax);
Attending quarterly business reviews with Clients or other meetings, as requested; and
OECM will oversee the Agreement and the Supplier shall provide appropriate Agreement management
support including, but not limited to:
An account manager responsible for the overall management and reporting of the Agreement, including
the management of area account managers and or local dealers responsible for the delivery of services
to Clients;
Marketing the Agreement as set out in Section 1.10 of this RFP within the Client community;
Attending quarterly business review meetings with OECM to review CSAs, Deliverables, performance,
sales, issue management, opportunities for improvement, and other appropriate business activities;
Monitoring, managing and reporting pricing, savings and service quality (including customer support);
Conducting comparative analysis and surveys regularly during the Term of the Agreement to ensure
customer satisfaction and support for Client’s strategic direction; and
Timely submission of Services report, any ad hoc reports and the applicable Cost Recovery Fee
(“CRF”).
The Supplier shall provide OECM, and to Clients as requested, with quarterly reports setting out the
following key performance indicators (“KPIs”). These KPIS will be measured, reported, reviewed, and
acted upon regularly throughout the Term of the Agreement:
Other KPIs, as mutually agreed upon between the Supplier and OECM, may be added during the Term of
the Agreement.
As a not-for-profit/non-share corporation, OECM recovers its operating costs through its agreements based
on the before tax amount invoiced (e.g. aggregated Client purchases) by the Supplier to Clients. These Cost
Recovery Fees (“CRF”) will ultimately lead to OECM’s financial self-sufficiency.
OECM will collect a quarterly CRF, based on a calendar year, of three percent (3%) for all Services provided
to Clients for the Term of the Agreement.
Harmonized sales tax (“HST”) is applicable to the CRF payments made to OECM.
The first CRF shall be paid to OECM by January 8, 2015, and include any Client purchases made
between the Agreement execution date and December 31, 2014; and
th
The CRF shall be paid quarterly (on the 5 day of the month following the calendar quarter) thereafter.
[End of Part 2]
OECM will conduct the evaluation of Proposals in the following five (5) stages:
Stages Evaluation
The following table is a summary of the point allocation for the evaluation of this RFP:
Minimum Threshold
Stages Evaluation Maximum Points
Requirement
Stage I Mandatory Requirements Pass Pass
Stage II Rated Requirements 650 325
Stage III Pricing 350 N/A
Stage IV Cumulative Score 1000 N/A
Stage I will consist of a review to determine which Proposals comply with all of the mandatory requirements.
During Stage I of the evaluation, Proposals will be examined to ensure that they meet the mandatory
requirements. The Proponent must ensure that all mandatory requirements have been addressed
satisfactorily in its Proposal, in order for the Proposal to proceed to Stage II of the evaluation process. Any
Proposal that is not considered by OECM to meet all mandatory requirements will be disqualified and not
evaluated further.
A Proposal must include the following three (3) completed mandatory forms:
Other than inserting the information requested on the mandatory submission forms set out above, 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 its Proposal, may be disqualified.
Each Proposal must include a Form of Offer (Appendix B) completed and signed by the Proponent.
In addition to the other information and representations made by each Proponent in the Form of Offer, each
Proponent must declare whether it has an actual or potential Conflict of Interest. If, at the sole and absolute
discretion of OECM, the Proponent is found to be in a Conflict of Interest, OECM may, in addition to any
other remedies available at law or in equity, disqualify the Proposal submitted by the Proponent.
The Proponent, by submitting the Proposal, warrants that to its best knowledge and belief no actual or
potential Conflict of Interest exists with respect to the submission of the Proposal or performance of the
contemplated Agreement other than those disclosed in the Form of Offer. Where OECM discovers a
Proponent’s failure to disclose all actual or potential Conflicts of Interest, OECM may disqualify the
Proponent or terminate any Agreement awarded to that Proponent pursuant to this Proposal process.
(b) General
OECM, in addition to any other remedies it may have in law or in equity, shall have the right to rescind any
Agreement awarded to a Proponent in the event that OECM determines that the Proponent made a
misrepresentation or submitted any inaccurate or incomplete information in the Form of Offer.
Other than inserting the information requested and signing the Form of Offer, a Proponent may not make
any changes to or qualify the Form of Offer in its Proposal. A Proposal that includes conditions, options,
variations or contingent statements that are contrary to or inconsistent with the terms set out in the RFP may
be disqualified. If a Proposal is not disqualified despite such changes or Proposals, the provisions of the
Form of Offer as set out in this RFP will prevail over any such changes or Proposals in or to the Form of
Offer provided in the Proposal.
By signing the Form of Offer, the Proponent agrees, if selected, to carry insurance as outlined in Appendix A
– Form of Agreement. The Preferred Proponent must provide proof of such insurance coverage in the form
of a valid certificate of insurance prior to the execution of the Agreement by OECM.
The Rate Bid Form, completed by the Proponent in accordance with the instructions contained below and in
Appendix C, provided that the following shall apply:
All Rates shall be provided in Canadian funds and shall include all applicable customs duties, tariffs,
overhead, office support, profit, permits, licences, labour, insurance, Workplace Safety Insurance
Board costs, and warranties, and further shall not be subject to adjustment for fluctuations.
All prices shall be quoted exclusive of the HST or other similar taxes, each of which, if applicable,
should be stated separately;
All Rates quoted shall remain firm for the initial Term of the Agreement;
In the event of any discrepancy in the pricing within a Proposal, the lowest unit Rate submitted shall
prevail; and
The Proponent is deemed to confirm that it has prepared its Proposal with reference to all of the
provisions of the RFP, and that it has factored all of the provisions of the Agreement into its pricing
assumptions, calculations and into its proposed Rates.
A Proposal that includes conditional, optional, contingent or variable rates that are not expressly requested
in the Rate Bid Form may be disqualified.
Each Proposal must include a completed and signed Consortium Information (Appendix F) if applicable to
the Proponent.
Stage II will consist of an evaluation and scoring of each eligible Proposal on the basis of rated
requirements.
The maximum points allocated in stage II is 650 points. A minimum threshold is required in order for the
Proposal to receive a pass in this stage and proceed to Stage III of the evaluation process.
Any Proposal that does not meet the required minimum threshold for applicable rated requirements will
receive a fail and not proceed to Stage III of the evaluation process.
Each Proposal will be scored based on the Proponent’s response to the information contained in Appendix E
of this RFP.
It is important that Proposals clearly provide all the necessary information so that a thorough assessment of
the Proponents’ experience, qualifications and capabilities can be made. Responses and substantiating
documentation should be direct and grouped together in Appendix E to ensure the evaluation team is able to
locate particular information.
In the case that contradictory information or information that contains conditional or qualifying statements is
provided with respect to a requirement, OECM will, in its sole and absolute discretion, determine whether
the response complies with the requirements, and may seek clarification from the Proponent. The
contradictory or qualifying information may result in the Proponent receiving a low score for that particular
rated requirement.
Proposals that do not respond to a particular rated requirement, are left blank or contain a response or N/A
or not applicable will receive a zero (0) point score for that requirement. Where the evaluation team cannot
reasonably find responses to a rated requirement, a zero (0) point score will be assessed for that rated
requirement.
The following is an overview of the point allocation and minimum score for rated requirements of this RFP
(N/A denotes – not applicable):
Please note, detailed rated requirements for the above components, including sub-point allocations are set
out in Appendix E. A minimum score for rated requirements as noted above must be achieved for any
Proponent to pass and move on to the next stage of evaluation.
The Proponent shall submit a completed Appendix C – Rate Bid Form for all Roles.
Only at the completion of Stage II, will the package containing Appendix C – Rate Bid Form be opened for
all Eligible Proposals.
The above calculation will occur for all components of the Rate Bid Form.
At the conclusion of Stage III, the scores from Stages II, and III will be totaled for each Proposal and, subject
to the express and implied rights of OECM, the five (5) highest scoring Proponents in each Zone will
become the Preferred Proponents and invited to enter into the Form of Agreement, attached in Appendix A.
Reference checks may be performed to confirm or clarify information provided within the Proposal. The
reference checks themselves will not be scored, however, evaluators may adjust rated requirements scores
related to the information obtained during the reference check.
At this stage, where two (2) or more of the highest scoring Proposals achieve a tie score on completion of
the evaluation process, OECM shall break the tie by selecting the Proponent with the highest score in Stage
III – Pricing as the Preferred Proponent.
For certainty, OECM makes no commitment to the Preferred Proponent that an Agreement will be executed.
The Preferred Proponent acknowledges that the commencement of any discussions does not obligate
OECM to execute the Agreement.
Subject to the requirements of this Section, OECM expects that the Agreement will be finalized within fifteen
(15) Days after notification of award.
Once the Agreement has been finalized, Clients may execute a Client Supplier Agreement with the Supplier.
OECM shall at all times be entitled to exercise its rights under Section 4.6.
OECM will promote the use of the Agreement with Clients as set out in Section 1.10. During the post award
period, the Supplier will be expected to meet with OECM, as-and-when-required, to discuss an effective
collaborative Agreement launch approach.
OECM will work closely with the Supplier and requests that, where available, communications and marketing
experts join discussions to achieve the desired outcome.
[End of Part 3]
The following is a summary of the key dates for this RFP process:
RFP Timetable
Event Date
Note – all times specified in this RFP timetable are local times in Toronto, Ontario, Canada.
OECM may amend any timeline, including the Proposal Submission Deadline, without liability, cost, or
penalty, and within its sole discretion.
In the event of any change in the Proposal Submission Deadline, the Proponents may thereafter be subject
to the extended timeline.
Proponents may, but are not required to, to participate to the Proponent Information Session, which will take
place at the time set out in Section 4.1.1.
Proponents wishing to participate should register, noting its full legal name and the names of the
representatives by emailing the RFP Coordinator prior to 9:00am on August 15, 2014. Access to the
teleconference and any applicable information will be emailed to the registered Proponents.
The Proponent Information Session may provide an opportunity for Proponents to enhance its
understanding of this RFP.
The Proponent Information Session is not an opportunity for Proponent’s to direct questions about the RFP
document – Proponents must submit questions to the RFP Coordinator as set out in Section 4.2.1 below.
Any changes to the Proponent Information Session meeting date or access information will be issued in an
addendum on MERX and Biddingo.
Information provided during this session will be posted on MERX and Biddingo.
Proponents should structure its 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 where that request was made.
All submissions of Proposal are to be in English only. Any Proposals received by OECM that are not entirely
in the English language may be disqualified.
OECM makes no representation, warranty or guarantee as to the accuracy of the information contained in
this RFP or issued by way of addenda. Any 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 size of the work.
It is the Proponent's responsibility to avail itself of all the necessary information to prepare a Proposal in
response to this RFP.
Proponents shall bear all costs and expenses incurred relating to any aspect of its participation in this RFP
process, including all costs and expenses relating to the Proponent’s participation in:
The Proponent’s attendance at any meeting in relation to the RFP process, including any presentation
and or interview;
The conduct of any due diligence on its part, including any information gathering activity;
The preparation of the Proponent’s own questions prior to the Proposal Submission Deadline; and
All communications regarding any aspect of this RFP must be emailed to the following RFP Coordinator:
Proponents that fail to comply with the requirement to direct all communications to the RFP Coordinator may
be disqualified from this RFP process. Without limiting the generality of this provision, Proponents shall not
communicate with or attempt to communicate with the following, as it relates to this RFP:
Any member of OECM’s governing body (such as Board of Governors, Board of Directors, or advisors);
Any member of Clients (such as Board of Governors, Board of Directors, or advisors); and
Any elected official of any level of government, including any advisor to any elected official.
Proponents shall promptly examine this RFP and all Appendices, including the Agreement and:
May direct questions or seek additional information on or before the Proponent’s Deadline for Questions
to the RFP Coordinator.
All questions submitted by Proponents shall be deemed to be received once the email has entered into the
RFP Coordinators’ email inbox.
In answering a Proponent’s questions, OECM will set out the question, but without identifying the Proponent
that submitted the question and OECM may, in its sole discretion:
Where an answer results in any change to the RFP, such answer will be formally evidenced through the
issue of a separate addendum for this purpose.
To ensure Proponents clearly understand issued addenda, OECM allows Proponents to ask questions about
issued addenda. Refer to Section 4.1.1 for timelines.
OECM is under no obligation to provide additional information but may do so at its sole discretion.
It is the responsibility of the Proponent to seek clarification, by submitting questions to the RFP Coordinator,
on any matter it considers to be unclear. OECM shall not be responsible for any misunderstanding on the
part of the Proponent concerning this RFP or its process.
In the event a Proponent has any reason to believe that any of the circumstances listed in Section 4.2.2
exist, the Proponent must notify the RFP Coordinator in writing prior to submitting a Proposal. If appropriate,
the RFP Coordinator will then clarify the matter for the benefit of all Proponents.
After submission of a Proposal, claim that there was any misunderstanding or that any of the
circumstances set out in Section 4.2.2 were present with respect to the RFP; and
Claim that OECM is responsible for any of the circumstances listed in Section 4.2.2 of this RFP.
This RFP may only be amended by an addendum in accordance with this Section.
If OECM, 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 addenda by way on MERX and
Biddingo. Each addendum shall form an integral part of this RFP.
Any amendment or supplement to this RFP made in any other manner will not be binding on OECM.
Such addenda may contain important information including significant changes to this RFP. Proponents are
responsible for obtaining all addenda issued by OECM. In the space provided in the Form of Offer,
Proponents who intend to respond to this RFP are requested not to cancel the receipt of addenda or
amendments option provided by MERX™ and or Biddingo, since it must obtain through all of the information
documents that are issued on MERX™ and or Biddingo.
In the event that a Proponent chooses to cancel the receipt of addenda or amendments, its Proposal may be
rejected.
4.3.1 General
To be considered in the RFP process, a Proposal must be received on or before the Proposal Submission
Deadline as set out in Section 4.1.1, in a sealed package and should bear the Proponent’s name, return
address, RFP number, and the RFP Coordinator’s name.
Proposals received after the Proposal Submission Deadline shall not be considered and will be returned to
the Proponent unopened.
Regardless of the method of delivery chosen by Proponent (such as courier, delivery service, Canada Post),
each Proponent is responsible for the actual delivery of its Proposal to the address set out below:
Submission address:
Proposals transmitted by facsimile or sent by any other electronic means shall not be considered.
Notwithstanding anything to the contrary contained in any applicable statute relating to electronic documents
Transactions, including the Electronic Commerce Act, 2000, S.O. 2000, c. 17, any notice, submission,
statement, or other instrument provided in respect of the RFP may not be validly delivered by way of
electronic communication, unless otherwise provided for in this RFP.
Proposals should be submitted in accordance with the instructions set out in this RFP in two (2) separate
sealed packages as set out below.
Package 1 - Proposal:
Must include:
Should include:
Must include:
The following table sets out the required number of documents per package:
Original (bound) 1 1
Photocopies (bound) 4 1
Photocopy (unbound) 1 0
Electronic copy (searchable
1 (Microsoft Word) 1 (Microsoft Excel)
and not locked)
In the event of a conflict or inconsistency between the original and the electronic copy of the Proposal or
the Rate Bid Form, the original version shall prevail.
Proposals should be completed without delineations, alterations, or erasures. In the event of a discrepancy
between the original of a Proposal and any of the copies, the original shall prevail.
The Proponent should identify and mark any trade secret or proprietary intellectual property in its Proposal.
Any embedded literature links within a Proposal should be a direct link to the specific page rather than the
Proponent’s main website. Where literature links are not possible, a PDF document may also be
incorporated within the Proposal. Information contained in any embedded link will not be considered part
of a Proposal, and will not be evaluated or scored;
The Appendices provided, as appropriate, should be used for completing the Proposal;
Completely address, on a point-by-point basis, each rated requirement identified in Appendix E and the
Proposal should be complete in all respects;
Respond to the requirements in the applicable Appendices, or as may be directed in this RFP.
Every Proposal received will be date/time stamped at the location referred to in Section 4.3.1. A receipt will
be provided upon request.
A Proponent should allow sufficient time in the preparation of its Proposal to ensure its Proposal is received
on or before the Proposal Submission Deadline.
A Proponent may withdraw its Proposal only by providing written notice to the RFP Coordinator before the
Proposal Submission Deadline. A Proposal may not be withdrawn after the Proposal Submission Deadline.
A Proponent may amend its Proposal after submission, but only if the Proposal is amended and resubmitted
before the Proposal Submission Deadline.
The Proponent must provide notice to the RFP Coordinator in writing and replace its Proposal with a revised
Proposal, in accordance with the requirements of this RFP.
By submitting a Proposal, the Proponent confirms that all of the components required to use and or manage
the Services have been identified in its Proposal or will be provided to OECM or its Clients at no additional
charge. Any requirement that may be identified by the Proponent after the Proposal Submission Deadline or
subsequent to signing the Agreement shall be provided at the Proponent’s expense.
All Proposals submitted by the Proposal Submission Deadline shall become the property of OECM and will
not be returned to the Proponents.
Subject to a Proponent’s right to withdraw a Proposal in accordance with the procedure described in Section
4.3.5, a Proposal shall be irrevocable by the Proponent for one-hundred-and-twenty (120) days from the
Proposal Submission Deadline.
By submitting a Proposal, a Proponent agrees to accept and to be bound by all of the terms and conditions
contained in this RFP (including all appendices, amendments and addenda), and by all of the
representations, terms, and conditions contained in its Proposal.
Subject to Section 4.1.1 and Section 4.2.4, OECM shall have the right to amend or supplement this RFP in
writing prior to the Proposal Submission Deadline. No other statement, whether written or oral, shall amend
this RFP. The Proponent is responsible to ensure it has received all Addenda.
Proponents are advised that there will not be a public opening of this RFP. OECM will open Proposals at a
time subsequent to the Proposal Submission Deadline.
OECM shall have the right at any time after the Proposal Submission Deadline to seek clarification from any
Proponent in respect of the Proposal, without contacting any other Proponent.
Any clarification sought shall not be an opportunity for the Proponent to either correct errors or to change its
Proposal in any substantive manner. Subject to the qualification in this provision, any written information
received by OECM from a Proponent in response to a request for clarification from OECM may be
considered, if accepted, to form an integral part of the Proposal, at OECM’s sole and absolute discretion.
Verify any Proponent’s statement or claim made in its Proposal or made subsequently in a clarification,
interview, site visit, oral presentation, demonstration, or discussion by whatever means OECM may deem
appropriate, including contacting persons in addition to those offered as references, and to reject any
Proponent statement or claim, if such statement or claim or its Proposal is patently unwarranted or is
questionable, which may result in changes to the scores for the Proponent’s rated requirements; and
Access the Proponent’s premises where any part of the work is to be carried out to confirm Proposal
information, quality of processes, and to obtain assurances of viability, provided that, prior to providing
such access, the Proponent and OECM shall have agreed on access terms including pre-notification,
extent of access, security and confidentiality. OECM and the Proponent shall each bear its own costs in a
connection with access to OECM’s premises.
The Proponent shall co-operate in the verification of information and is deemed to consent to OECM
verifying such information, including references.
The lowest price Proposal or any Proposal shall not necessarily be accepted. While price is an evaluation
criterion, other evaluation criteria as set out in Part 3 will form a part of the evaluation process.
All provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each
Proposal.
The Agreement, if any, executed with the Preferred Proponent will not be an exclusive agreement for the
provision of the described Deliverables.
OECM shall be required to reject Proposals, which are not substantially compliant with this RFP.
No Proponent, including the Preferred Proponent, shall make any public announcement or distribute any
literature regarding this RFP or otherwise promote itself in connection with this RFP or any arrangement
entered into under this RFP without the prior written approval of OECM.
In the event that a Proponent, including the Preferred Proponent, makes a public statement either in the
media or otherwise in breach of this requirement, in addition to any other legal remedy it may have in law, in
equity or within the context of this RFP, OECM shall be entitled to take all reasonable steps as may be
deemed necessary by OECM, including disclosing any information about a Proposal, to provide accurate
information and or to rectify any false impression which may have been created.
OECM anticipates that the Preferred Proponent will be selected within sixty (60) days of the Proposal
Submission Deadline. Notice of selection by OECM to the Preferred Proponent will be in writing by email
from the RFP Coordinator.
Proponents are reminded that there is a question and answer period available if they wish to ask questions
or seek clarification about the terms and conditions set out in the Form of Agreement. OECM will consider
such requests for clarification in accordance with Section 4.2.2 of the RFP.
In addition to all of OECM’s other remedies, if the Preferred Proponent fails to execute the Agreement or
satisfy any other applicable conditions within fifteen (15) Days of notice of selection, OECM may, in its sole
and absolute discretion and without incurring any liability, rescind the selection of that Proponent.
Once the Supplier and OECM execute the Agreement, the other Proponents will be notified in writing by
email of the outcome of the RFP process, including the name of the Supplier, and the award of the
Agreement.
4.4.4 Debriefing
The RFP Coordinator will invite Proponents to attend a debriefing from OECM after award 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.
In the event that a Proponent wishes to review the decision of OECM in respect of any material aspect of the
RFP process, and subject to having attended a debriefing, the Proponent shall submit a protest in writing to
the RFP Coordinator within ten (10) Days from such a debriefing.
Any request that is not timely received will not be considered and the Proponent will be notified in writing.
A specific identification of the provision and or procurement procedure that is alleged to have been
breached;
A specific description of each act alleged to have breached the procurement process;
All correspondence, documentation, and information of any kind provided to any Proponent in connection
with or arising out of this RFP or the acceptance of any Proposal:
Must be treated as confidential and shall not be disclosed except with the prior written consent of OECM;
Must not be used for any purpose other than for replying to this RFP and for the fulfillment of any related
subsequent agreement; and
Except as provided otherwise in this RFP, or as may be required by Applicable Laws, OECM shall treat the
Proposals and any information gathered in any related process as confidential, provided that such obligation
shall not include any information that is or becomes generally available to the public other than as a result of
disclosure by OECM.
During any part of this RFP process, OECM or any of its representatives or agents shall be under no
obligation to execute a confidentiality agreement.
In the event that a Proponent refuses to participate in any required stage of the RFP because OECM has
refused to execute any such confidentiality agreement, the Proponent shall receive no points for that
particular stage of the evaluation process.
All correspondence, documentation, and information provided in response to or because of this RFP may be
reproduced for the purposes of evaluating the Proposal.
If a portion of a Proposal is to be held confidential, such provisions must be clearly identified in the Proposal.
Submission of information – The Proponent should not submit as part of its Proposal any information
related to the qualifications or experience of persons who will be assigned to provide Services unless
specifically requested. OECM shall maintain the information for a period of seven (7) years from the time
of collection. Should OECM request such information, OECM will treat this information in accordance with
the provisions of this Section;
Use – Any personal information as defined in the Personal Information Protection and Electronic
Documents Act, S.C. 2005, c.5 that is requested from a Proponent by OECM shall only be used to select
the qualified individuals to undertake the Services and to confirm that the work performed is consistent
with these qualifications; and
Consent – It is the responsibility of the Proponent to obtain the consent of such individuals prior to
providing the information to OECM. OECM will consider that the appropriate consents have been
obtained for the disclosure to and use by OECM of the requested information for the purposes described.
OECM reserves the right to require any Proponent to enter into a non-disclosure agreement satisfactory to
OECM.
The Freedom of Information and Protection of Privacy Act (Ontario), applies to information provided by
Proponents. A Proponent should identify any information in its Proposal or any accompanying
documentation supplied in confidence for which confidentiality is to be maintained by OECM and its Clients.
By submitting a Proposal, including any Personal Information requested in this RFP, Proponents agree to
the use of such information for the evaluation process, for any audit of this procurement process, and for
contract management purposes.
Under Canadian law, a Proposal must be prepared without conspiracy, collusion, or fraud. For more
information, refer to the Competition Bureau website at http://www.cb-bc.gc.ca/eic/site/cb-
bc.nsf/eng/01240.html, and in particular, part VI of the Competition Act, R.S.C. 1985, c. C-34.
Proponents should note that procurements coming within the scope of either Chapter 5 of the Agreement on
Internal Trade or within the scope of the Trade and Cooperation Agreement between Quebec and Ontario
are subject to such agreements, although the rights and obligations of the parties shall be governed by the
specific terms of this RFP.
For more information, please refer to the Internal Trade Secretariat website at www.ait-aci.ca/ or to the
Trade and Cooperation Agreement between Quebec and Ontario at
http://www.marcan.net/assets/trade%20arrangements/Quebec-
Ontario%20Trade%20and%20Cooperation%20Agreement%20English.pdf.
The Proponent shall not use any intellectual property of OECM or Clients, including but not limited to, logos,
registered trademarks, or trade names of OECM or Clients, at any time without the prior written approval of
OECM and the respective Clients.
4.6.1 General
In addition to any other express rights or any other rights, which may be, implied in the circumstances,
OECM reserves the right to:
Request written clarification or the submission of supplementary written information from any Proponent
and incorporate such clarification or supplementary written information, if accepted, into the Proposal, at
OECM’s discretion, provided that any clarification or submission of supplementary written information
shall not be an opportunity for the Proponent to correct errors in its Proposal or to change or enhance the
Proposal in any material manner;
Waive formalities and accept Proposals that substantially comply with the requirements of this RFP, in
OECM’s sole and absolute discretion;
Verify with any Proponent or with a third party any information set out in a Proposal, as described in
Section 4.3.14;
Disqualify any Proponent whose Proposal contains misrepresentations or any other inaccurate or
misleading information, or any Proponent whose reasonable failure to cooperate with OECM impedes the
evaluation process, or whose Proposal is determined to be non-compliant with the requirements of this
RFP;
Disqualify a Proposal where the Proponent has or the principals of a Proponent have previously breached
a contract with OECM, or has otherwise failed to perform such contract to the reasonable satisfaction of
OECM, the Proponent has been charged or convicted of an offence in respect of a contract with OECM,
Disqualify any Proposal of any Proponent who has breached any Applicable Laws or who has engaged in
conduct prohibited by this RFP, including where there is any evidence that the Proponent or any of its
employees or agents colluded with any other Proponent, its employees or agents in the preparation of the
Proposal;
Make changes, including substantial changes, to this RFP provided that those changes are issued by way
of addenda in the manner set out in this RFP;
Select any Proponent other than the Proponent whose Proposal reflects the lowest cost to OECM;
Cancel this RFP process at any stage and issue a new RFP for the same or similar requirements,
including where:
o OECM determines it would be in the best interest of OECM not to award an Agreement,
o the Proposal prices exceed the bid prices received by OECM for Services acquired of a similar
nature and previously done work,
o the Proposal prices exceed the costs OECM or its Clients would incur by doing the work, or most of
the work, with its own resources,
o the Proposal prices exceed the funds available for the Services, or
o the funding for the acquisition of the proposed Services has been revoked, modified, or has not
been approved,
and where OECM cancels this RFP, OECM may do so without providing reasons, and OECM may
thereafter issue a new request for proposals, request for qualifications, sole source, or do nothing.
Discuss with any Proponent different or additional terms to those contained in this RFP or in any
Proposal; and
Reject any or all Proposals in its absolute discretion, including where a Proponent has launched legal
proceedings against OECM or is otherwise engaged in a dispute with OECM.
By submitting a Proposal the Proponent authorizes the collection, by OECM, of the information identified in
this RFP which OECM may request from any third party.
In the event that the Preferred Proponent fails or refuses to execute the Agreement within fifteen (15) Days
from being notified of its position as the Preferred Proponent, OECM may, in its sole discretion:
Extend the period for concluding the Agreement, provided that if substantial progress towards executing
the Agreement is not achieved within a reasonable period of time from such extension, OECM may, in its
sole discretion, terminate the discussions;
Exclude the Preferred Proponent from further consideration and begin discussions with the next highest
scoring Proponent without becoming obligated to offer to negotiate with all Proponents; and
Exercise any other applicable right set out in this RFP, including but not limited to, cancelling the RFP and
issuing a new RFP for the same or similar Services.
4.6.3 No Liability
Any action or proceeding relating to this RFP process shall be brought in any court of competent
jurisdiction in the Province of Ontario and for that purpose the Proponent irrevocably and unconditionally
attorns and submits to the jurisdiction of that Ontario court;
It irrevocably waives any right to and shall not oppose any Ontario action or proceeding relating to this
RFP process on any jurisdictional basis; and
It shall not oppose the enforcement against it, in any other jurisdiction, of any judgement or order duly
obtained from an Ontario court as contemplated by this RFP.
The Proponent further agrees that if OECM commits a material breach of OECM’s obligations pursuant to
this RFP, OECM’s liability to the Proponent, and the aggregate amount of damages recoverable against
OECM for any matter relating to or arising from that material breach, whether based upon an action or claim
in contract, warranty, equity, negligence, intended conduct, or otherwise, including any action or claim
arising from the acts or omissions, negligent or otherwise, of OECM, shall be no greater than the Proposal
preparation costs that the Proponent seeking damages from OECM can demonstrate. In no event shall
OECM be liable to the Proponent for any breach of OECM’s obligations pursuant to this RFP, which does
not constitute a material breach thereof. The Proponent acknowledges and agrees that the provisions of the
Broader Public Sector Accountability Act, 2010 shall apply notwithstanding anything contained herein.
4.6.4 Assignment
The Proponent shall not assign any of its rights or obligations hereunder during the RFP process without the
prior written consent of OECM. Any act in derogation of the foregoing shall be null and void.
This RFP and all Appendices form an integral part of this RFP.
In the event of any inconsistencies between the terms, conditions, and provisions of the main part of the
RFP and the Appendices, the RFP shall prevail over the Appendices during the RFP process.
The laws of Ontario and the federal laws of Canada applicable shall govern the RFP, the Proposal, and any
resulting Agreement therein.
[End of Part 4]
The submission of this Form of Offer is a mandatory requirement of this RFP. Complete the Form of
Offer as set out below:
Proposals, which do not comply with all mandatory requirements, may, subject to the express and
implied rights of OECM, be disqualified and not be evaluated further.
To: OECM
Re: IN THE MATTER OF our Proposal dated [Insert date] to which this Form of Offer is an integral part the
Proposal prepared by [Insert Proponent’s Name] and submitted in response to this RFP issued by OECM
on August 12, 2014, regarding the selection of a Proponent to execute the Agreement pursuant to this RFP.
I am duly authorized by the Proponent, including the persons, firms, corporations, and advisors joining in the
submission of this Proposal, to execute this Form of Offer. I solemnly declare and certify as follows:
1. Offer
The Proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge
of the Deliverables required under the RFP. By submitting its Proposal including this Form of Offer, the
Proponent agrees and consents to the terms, conditions and provisions of the RFP, including the Form of
Agreement, except as otherwise noted, and offers to provide the Services in accordance therewith at the
Rates set out in Appendix C - Rate Bid Form.
As a mandatory requirement, the Proponent has submitted its Pricing in accordance with the instructions in
the RFP and in the form set out in Appendix C – Rate Bid Form.
3. Proposal Irrevocable
The Proponent agrees that its Proposal shall be irrevocable for one-hundred-and-twenty (120) days
following the Proposal Submission Deadline.
4. Disclosure of Information
The Proponent hereby agrees that any information provided in this Proposal, even if it is identified as being
supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal.
The Proponent hereby consents to the disclosure, on a confidential basis, of its Proposal to OECM’s
advisors retained for the purpose of evaluating or participating in the evaluation of this Proposal.
By signing this Form of Offer, the Proponent agrees, if selected, that it has verified its capability to do so and
will provide proof of insurance coverage and a clearance Certificate of good standing under the Workplace
Safety and Insurance Act (Ontario) as set out in the Form of Agreement.
6. Roles Capability
The Proponent declares that it can offer all the Roles specified in the Deliverables. OECM may, upon its sole
discretion, verify this information at any time.
The onus remains on Proponents to make any necessary amendments to its Proposals based on all
addenda and question/answer documents issued by OECM prior to the Deadline for Issuing Final Addenda.
Prior to completing this Form of Offer, the Proponent is advised to review the definitions of Unfair Advantage
and Conflict of Interest set out in Section 1.14 of this RFP.
☐ Yes ☐ No
Is there an actual or potential Unfair Advantage or
Conflict of Interest, relating to the preparation of
its Proposal, or if the Proponent foresees an [If yes, please enter details here.]
actual or potential Unfair Advantage or Conflict of
Interest in performing the contractual obligations
contemplated in the RFP?
The Proponent agrees to provide any additional information, which may be requested by the RFP
Coordinator, in the form prescribed by the RFP Coordinator.
Where, in its sole discretion, OECM concludes that an Unfair Advantage and or Conflict of Interest arises, it
may, in addition to any other remedy available to it at law or in equity, disqualify the Proposal, or terminate
any Agreement awarded to the Proponent under the RFP.
☐ individual ☐ consortium*
☐ partnership ☐ corporation
The Proponent’s business model:
☐ sole proprietorship
The Proponent guarantees to provide the Services in the Zone(s) indicated below throughout the Term of
the Agreement.
Zone covered
Central ☐
East ☐
North East ☐
North West ☐
West ☐
All Zones ☐
If its Proposal is selected by OECM, the Proponent agrees to finalize and execute the Agreement
substantially in the form set out in the Form of Agreement in accordance with the terms of the RFP.
Signature: Signature:
Date: Date:
All Proponents should refer to and review the applicable sections in the RFP before responding.
The Proponent is required to provide three (3) references from organizations which the Proponent has
provided the same Deliverables, within the past three (3) years.
OECM, in its sole discretion, may confirm the Proponent’s experience and or ability to provide the Services
required and described in its Proposal by checking the Proponent’s references, and the provision of the
references by the Proponent is deemed to be consent to such confirmation/contact with the references.
OECM reserves the right to revisit the Proponent’s scores in the rated requirements based on information
learned during reference checks, should they reveal that there is inconsistency between the Proponent’s
answers to the rated requirements and the results of the reference check.
OECM may check references other than those provided by the Proponent.
Proponent’s Name:
Reference #1
Company name:
Company address:
Contact name:
Contact telephone number:
Contact email address:
Date work undertaken: From: To:
Nature of services:
Reference #2
Company name:
Company address:
Contact name:
Contact telephone number:
Contact email address:
Date work undertaken: From: To:
Nature of services:
Reference #3
Company name:
Company address:
Contact name:
Contact telephone number:
Contact email address:
Date work undertaken: From: To:
Nature of services:
This Appendix must be completed, signed, and submitted with a Proponent’s Proposal, if the Proposal is submitted
by a consortium.
Describe the consortium members and what each [Enter response here.]
will supply.
Signature: Signature:
Date: Date:
By completing the Appendix H the Proponent must provide the Roles with the Experience Levels specified below
throughout the Term of the Agreement.
OECM would like to understand any challenges vendors may have when responding to OECM RFP’s.
OECM invites any organization who chooses NOT to submit a Proposal in response to this RFP to complete the
following table and send it to the RFP Coordinator, no later than the Proponent’s Submission Deadline.
The vendor’s reasons for not submitting a Proposal will help OECM on its future sourcing initiatives.
Organization’s Name:
Date:
Clients supported by OECM sourcing initiatives are located in five (5) geographical Zones in the Province of Ontario,
as set out below.
Refer to Appendix J and K of the RFP for more details on Client locations
School Boards, Colleges, and Universities are set out below in each applicable Zone. Refer to Section 1.5 and Appendix I of the RFP for more information.
CSD catholique des Grandes Rivières DSB Ontario North East Northeastern Catholic DSB Le College Boréal D’arts Appliqués Et De Technologie Laurentian University
CSD catholique du Nouvel-Ontario Huron-Superior Catholic DSB Rainbow DSB The Sault College of Applied Arts and Technology Nipissing University
CSD catholique Franco-Nord Near North DSB Sudbury Catholic DSB
CSD du Grand Nord de l'Ontario
CSD catholique des Aurores Boréales Lakehead DSB Superior North Catholic DSB Confederation College of Applied Arts and Technology Lakehead University
Keewatin-Patricia DSB Northwest Catholic DSB Superior-Greenstone DSB Northern College of Applied Arts and Technology Northern Ontario School of Medicine
North
West
Kenora Catholic DSB Rainy River DSB Thunder Bay Catholic DSB
Avon Maitland DSB Lambton Kent DSB Fanshawe College of Applied Arts and Technology University of Windsor
Bluewater DSB London District Catholic SB Lambton College of Applied Arts and Technology
Bruce-Grey Catholic DSB St. Clair Catholic DSB The St. Clair College of Applied Arts and Technology
West
OECM’s other BPS Clients, currently using OECM’s agreement are set out below in each applicable Zone, as of June 30, 2014.
Zones
The Safehaven Project for Community
Aurora Public Library East Gwillimbury Public Library Laurel Creek Nature Centre Ontario Motor Vehicle Industry Council
Living
Barrie, City of Essa, Township of Learning Enrichment Foundation Operation Springboard Tweed Public Library
Belleville and Quinte West Community Health
Fort Erie Public Library Lincoln Public Library Oro-Medonte, Township of Welland Pelham, Community Living
Centre
Long Point Region Conservation
Bob Rumball Centre for the Deaf Fort Erie, Community Living Pan American Games Wellington North, Township of
Authority
Bradford West Gwillimbury, Town of Fort Erie, Town of Lutherwood Peterborough County-City Health Unit Wellington, County of
Galway-Galway Cavendish and Harvey,
Brantford, City of Mississauga, Community Living Peterborough Utility Group West Lincoln, Township of
Township of
Newmarket, The Corporation of the
Brock Township Public Library Geneva Centre for Autism Peterborough, Corporation of the City of Whitby Public Library
Town of
Central
Burlington Public Library Guelph, City of Niagara Falls, City of Peterborough, County of Whitby, Town of
Hastings and Prince Edward Counties Health
Caledon, Town of Niagara Parks Commission Pickering, City of Workers Health & Safety Centre
Unit
Central East Community Care Access Centre Huntsville, Town of Niagara Peninsula Energy Inc Port Colborne, City of
CHIGAMIK Community Health Centre Infrastructure Health and Safety Association Niagara, Boys and Girls Club of Province of Ontario Council for the Arts
Clearview Public Library Innisfil Hydro Distribution System Limited Norfolk, County of Royal Ontario Museum
Collingwood Public Library Innisfil Public Library North Halton, Community Living Simcoe Children's Aid
Collingwood, Town of Innisfil, Town of North Kawartha, Township of St. Catharines Public Library
COU Holding Association Inc. Kawartha Lakes, City of Northumberland County St. Catharines, City of
Douro-Dummer, Township of Kerry's Place Autism Services Ontario Colleges Library Service St. Catharines, Community Living
Ontario Education Collaborative
Dufferin, County of KidsLINK Notre Dame of St. Agatha Inc. St. Mary's General Hospital
Marketplace
Association of Universities and Colleges of
Kingston, City of Pembroke, City of Smith Falls, Town of
Canada
Brockville, City of Lanark, County of Quinte West, City of South East Community Care Access Centre
East
Board
East
Black River-Matheson Public Library Manitouwadge General Hospital Sault Ste. Marie Public Library Science North
Atikokan General Hospital Geraldton District Hospital Norwest Community Health Centres St. Joseph's Care Group
North
Bimose Tribal Council Long Lake 58 First Nations School Riverside Healthcare Facilities
Centre
Contact North Nipigon District Memorial Hospital Thunder Bay District Health Unit Thunder Bay, City of
Aylmer, Town of Elgin, Community Living Lakeshore, Town of Middlesex-London Health Unit Stratford Public Library
Blue Mountains, Town of the Elgin, County of LaSalle, Town of Owen Sound, City of Thames Centre, Municipality of
St. Thomas Economic Development Upper Thames River Conservation
Catfish Creek Conservation Authority Grey Highlands, Municipality of London, City of
Corporation Authority
West
Chatham-Kent Children's Services Grey, County of Malahide, Township of St. Thomas Energy Services Inc. Western Fair District
Maryvale Adolescent and Family
Chatham-Kent, Municipality of Inter Township Fire Department St. Thomas Public Library Woodstock Hydro Services Inc.
Services
East Elgin Community Complex Kettle Creek Conservation Authority Middlesex, County of St. Thomas, City of