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Shared Services Canada Solicitation Number: R97495

Services partagés Canada

RETURN BIDS TO : Title – Sujet


Stream 8.8 – Senior Staffing Consultant
RETOURNER LES
Solicitation No. – N° de l’invitation Date
SOUMISSIONS À: R97495 November 15, 2021
Client Reference No. – N° référence du client
Shared Services Canada R97495
Roxanne.S.Pelletier@ssc-spc.gc.ca File No. – N° de dossier
R97495
Solicitation Closes – L’invitation prend fin Time Zone
Fuseau horaire
at – à 02:00 PM Eastern Savings Time
REQUEST FOR PROPOSAL on – le November 22, 2021 EST
DEMANDE DE PROPOSITION
F.O.B. - F.A.B.
Proposal To: Shared Services Canada Plant-Usine:  Destination:  Other-Autre: 
We hereby offer to sell to Her Majesty the Queen in Address Inquiries to : - Adresser toutes Buyer Id – Id de l’acheteur
right of Canada, in accordance with the terms and questions à:
conditions set out herein, referred to herein or Roxanne Pelletier CCW
attached hereto, the goods, services, and construction Roxanne.S.Pelletier@ssc-spc.gc.ca
listed herein and on any attached sheets at the Destination – of Goods, Services, and Construction:
price(s) set out thereof. Destination – des biens, services et construction :

Proposition aux: Services partagés Canada See Herein


Nous offrons par la présente de vendre à Sa Majesté
la Reine du chef du Canada, aux conditions énoncées
Instructions : See Herein
ou incluses par référence dans la présente et aux
annexes ci-jointes, les biens, services et construction
Instructions: Voir aux présentes
énumérés ici sur toute feuille ci-annexées, au(x) prix Delivery required - Livraison exigée Delivered Offered – Livraison proposée
indiqué(s) See Herein
Vendor/firm Name and address
Raison sociale et adresse du fournisseur/de l’entrepreneur

Comments - Commentaires

This document contains a Security


Requirement

Facsimile No. – N° de télécopieur


Vendor/Firm Name and address
Telephone No. – N° de téléphone
Raison sociale et adresse du
fournisseur/de l’entrepreneur Name and title of person authorized to sign on behalf of Vendor/firm
(type or print)-
Nom et titre de la personne autorisée à signer au nom du fournisseur/de
l’entrepreneur (taper ou écrire en caractères d’imprimerie)

Issuing Office – Bureau de distribution Signature Date


Shared Services Canada
180 Kent Street
Ottawa, ON K1G 4A8

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

ProServices

Request for Proposal (RFP)

Stream 8 Human Resources Services


Category: 8.8 Senior Staffing Consultant

RFP # R97495

Shared Services Canada (SSC)

BID CLOSING DATE: November 22, 2021 at 2:00PM EST

THIS DOCUMENT CONTAINS A SECURITY REQUIREMENT

This RFP is issued against the ProServices Supply Arrangements, PWGSC File No.E60ZT-120001/…. . All terms and conditions of the ProServices Supply
Arrangements apply and must be incorporated into any resulting contract.

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

TABLE OF CONTENTS

PART 1 - GENERAL INFORMATION ......................................................................................................................4


1.1. SECURITY REQUIREMENTS ...................................................................................................................................4
1.2. STATEMENT OF WORK...........................................................................................................................................4
1.3. DELIVERY REQUIREMENTS OUTSIDE A COMPREHENSIVE LAND CLAIMS SETTLEMENT AREA ............................4
1.4. DEBRIEFINGS .........................................................................................................................................................4
PART 2 - BIDDER INSTRUCTIONS ........................................................................................................................5
3.1. STANDARD INSTRUCTIONS, CLAUSES AND CONDITIONS ......................................................................................5
3.2. SUBMISSION OF BIDS.............................................................................................................................................5
3.3. FORMER PUBLIC SERVANT....................................................................................................................................5
3.4. ENQUIRIES - BID SOLICITATION .............................................................................................................................5
3.5. APPLICABLE LAWS .................................................................................................................................................6
3.6. IMPROVEMENT OF REQUIREMENT DURING SOLICITATION PERIOD ......................................................................6
3.7. VOLUMETRIC DATA ................................................................................................................................................6
PART 3 - BID PREPARATION INSTRUCTIONS...................................................................................................7
4.1. BID PREPARATION INSTRUCTIONS ........................................................................................................................7
4.2. BID PREPARATION INSTRUCTIONS ........................................................................................................................7
4.3. SECTION I: TECHNICAL BID ...................................................................................................................................7
4.4. SECTION II: FINANCIAL BID....................................................................................................................................7
4.5. SECTION III: CERTIFICATIONS ...............................................................................................................................7
PART 4 - EVALUATION PROCEDURES AND BASIS OF SELECTION ...........................................................8
4.1. EVALUATION PROCEDURES...................................................................................................................................8
4.2. MANDATORY TECHNICAL CRITERIA.......................................................................................................................8
4.3. POINT RATED TECHNICAL CRITERIA .....................................................................................................................8
4.4. FINANCIAL EVALUATION.........................................................................................................................................8
4.4 BASIS OF SELECTION.............................................................................................................................................8
PART 5 – CERTIFICATIONS AND ADDITIONAL INFORMATION ..................................................................13
5.1 CERTIFICATIONS PRECEDENT TO CONTRACT AWARD AND ADDITIONAL INFORMATION ....................................13
PART 6 - RESULTING CONTRACT CLAUSES ..................................................................................................17

Annexes:
ANNEX "A" – STATEMENT OF WORK ............................................................................................................................28
ANNEX "B" – BASIS OF PAYMENT .................................................................................................................................30
ANNEX "C" – SECURITY REQUIREMENTS CHECK LIST ...................................................................................31

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

PART 1 - GENERAL INFORMATION


1.1. Security Requirements
Before award of a contract, the following conditions must be met:
a) the Bidder must hold a valid organization security clearance as indicated in Part 6 - Resulting Contract
Clauses;
b) the Bidder's proposed individuals requiring access to classified or protected information, assets or
sensitive work sites must meet the security requirements as indicated in Part 6 - Resulting Contract
Clauses;
c) the Bidder must provide the name of all individuals who will require access to classified or protected
information, assets or sensitive work sites;

Bidders are reminded to obtain the required security clearance promptly. Any delay in the award of a contract
to allow the successful Bidder to obtain the required clearance will be at the entire discretion of the
Contracting Authority.
For additional information on security requirements, Bidders should refer to the Industrial Security Program
(ISP) of Public Works and Government Services Canada (http://ssi-iss.tpsgc-pwgsc.gc.ca/index-eng.html)
website.

a. Statement of Work
This bid solicitation is being issued for the requirement of Professional Services Stream 10 Project
Management Services – (1) Procurement Specialist Senior for Shared Services Canada under the Pro
Services Supply Arrangement (SA) method of supply. The work to be performed is detailed under Annex “A”
Statement of Work.

b. Delivery Requirements Outside a Comprehensive Land Claims Settlement Area


The resulting Contract is not to be used for deliveries within a Comprehensive Land Claims Settlement Area
(CLCSA). All requirements for delivery within a CLCSA are to be processed individually.

c. Debriefings
Bidders may request a debriefing on the results of the bid solicitation process. Bidders should make the
request to the Contracting Authority within 15 working days from receipt of the results of the bid solicitation
process. The debriefing may be in writing, by telephone or in person.

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

PART 2 - BIDDER INSTRUCTIONS


2.1 Standard Instructions, Clauses and Conditions
All instructions, clauses and conditions identified in the bid solicitation by number, date and title are set out in
the Standard Acquisition Clauses and Conditions Manual (https://buyandsell.gc.ca/policy-and-
guidelines/standard-acquisition-clauses-and-conditions-manual) issued by Public Works and Government
Services Canada.
Bidders who submit a bid agree to be bound by the instructions, clauses and conditions of the bid solicitation
and accept the clauses and conditions of the resulting contract.
The 2003 (2018-05-22) Standard Instructions - Goods or Services - Competitive Requirements, are
incorporated by reference into and form part of the bid solicitation.
Subsection 3.a) of Section 01, Integrity Provisions - Bid of the Standard Instructions 2003 (2018-05-22)
incorporated by reference above is deleted in its entirety and replaced with the following:
a. at the time of submitting an arrangement under the Request for Supply Arrangements (RFSA), the Bidder
has already provided a list of names, as requested under the Ineligibility and Suspension Policy. During
this procurement process, the Bidder must immediately inform Canada in writing of any changes affecting
the list of names.
Subsection 5.4 of 2003 (2018-05-22), Standard Instructions - Goods or Services - Competitive Requirements,
is amended as follows:
Delete: 60 days
Insert: 90 days

2.2 Submission of Bids


Bids must be submitted only to Procurement Officer Name: Roxanne Pelletier at Roxanne.S.Pelletier@ssc-
spc.gc.ca by the date and time indicated on page 1 of the bid solicitation.

Due to the nature of the bid solicitation, bids transmitted by facsimile to SSC will not be accepted.

2.3 Former Public Servant


Contracts awarded to former public servants (FPS) in receipt of a pension or of a lump sum payment must
bear the closest public scrutiny, and reflect fairness in the spending of public funds. In order to comply with
Treasury Board policies and directives on contracts awarded to FPSs, bidders must provide the information
required in Part 5, Certifications, before contract award. If the answer to the questions and, as applicable the
information required have not been received by the time the evaluation of bids is completed, Canada will
inform the Bidder of a time frame within which to provide the information. Failure to comply with Canada’s
request and meet the requirement within the prescribed time frame will render the bid non-responsive.

2.4 Enquiries - Bid Solicitation


All enquiries must be submitted in writing to the Contracting Authority no later than two (2) calendar day(s)
before the bid closing date. Enquiries received after that time may not be answered.
Bidders should reference as accurately as possible the numbered item of the bid solicitation to which the
enquiry relates. Care should be taken by Bidders to explain each question in sufficient detail in order to enable
Canada to provide an accurate answer. Technical enquiries that are of a proprietary nature must be clearly
marked "proprietary" at each relevant item. Items identified as "proprietary" will be treated as such except
where Canada determines that the enquiry is not of a proprietary nature. Canada may edit the question(s) or
may request that the Bidder do so, so that the proprietary nature of the question(s) is eliminated, and the

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

enquiry can be answered to all Bidders. Enquiries not submitted in a form that can be distributed to all Bidders
may not be answered by Canada.

2.5 Applicable Laws


Any resulting contract must be interpreted and governed, and the relations between the parties determined, by
the laws in force in Ontario.
Bidders may, at their discretion, substitute the applicable laws of a Canadian province or territory of their
choice without affecting the validity of their bid, by deleting the name of the Canadian province or territory
specified and inserting the name of the Canadian province or territory of their choice. If no change is made, it
acknowledges that the applicable laws specified are acceptable to the Bidders.

2.6 Improvement of Requirement During Solicitation Period


Should bidders consider that the specifications or Statement of Work contained in the bid solicitation could be
improved technically or technologically, bidders are invited to make suggestions, in writing, to the Contracting
Authority named in the bid solicitation. Bidders must clearly outline the suggested improvement as well as the
reasons for the suggestion. Suggestions that do not restrict the level of competition nor favour a particular
bidder will be given consideration provided they are submitted to the Contracting Authority in accordance with
the article entitled “Enquiries - Bid Solicitation”. Canada will have the right to accept or reject any or all
suggestions.

2.7 Volumetric Data


The Total Estimated # Days Required (per year) data has been provided to Bidders to assist them in
preparing their bids. The inclusion of this data in this bid solicitation does not represent a commitment by
Canada that Canada’s future usage of number of resources per year will be consistent with this data. It is
provided purely for information purposes.

Number of
Resource Category and Level of Expertise Total Estimated # of Days
Resources

Staffing Consultant - Senior 1 27

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

PART 3 - BID PREPARATION INSTRUCTIONS


3.1 Bid Preparation Instructions
Canada will only accept electronic copies of the response e-mailed to:
Procurement Officer Name: Roxanne Pelletier at email: Roxanne.S.Pelletier@ssc-spc.gc.ca

3.2 Bid Preparation Instructions


Canada requests that Bidders provide their bid in the following sections and as detailed below:
Section I: Technical
Section II: Financial Bid
Section III: Certifications
Prices must appear in the financial bid only. No prices must be indicated in any other section of the bid.

3.3 Section I: Technical Bid


The technical bid should address clearly and in sufficient depth the points that are subject to the evaluation
criteria against which the bid will be evaluated. Simply repeating the statement contained in the bid solicitation
is not sufficient. In order to facilitate the evaluation of the bid, Canada requests that bidders address and
present topics in the order of the evaluation criteria, and under the same headings. To avoid duplication,
bidders may refer to different sections of their bids by identifying the specific paragraph and page number
where the subject topic has already been addressed.
Résumés for Proposed Resources: Unless specified otherwise in the RFP, the technical bid must include
résumés for the consultant(s) identified in the bid solicitation that demonstrate that each proposed individual
meets the requirement(s). Résumés should state the current level of personnel security held by the
consultant(s) and their corresponding Canadian Industrial Security Directorate (CISD) file number(s).
Education: Academic Certification (Degree, etc.) must be obtained through a recognized academic institution
in the field of expertise.
The consultant(s) proposed must meet the education requirements for the category for which they are being
proposed. Where the RFP requests the Supplier to provide information about the education of the proposed
individual(s), the individual(s) must have obtained its education from a recognized* Canadian university,
college or high school, or the equivalent as established by a recognized* Canadian academic credentials
assessment service, if obtained outside Canada.
*The list of recognized organizations can be found under the Canadian Information Centre for International
Credentials website, at the following Internet link: http://www.cicic.ca/indexe.stm.
Attachment 1 to Part 4 - Evaluation Procedures, contains additional instructions that bidders should consider
when preparing their technical bid.

3.4 Section II: Financial Bid


Bidders must submit their financial bid in accordance with the Basis of Payment in Annex B. The total amount
of Applicable Taxes must be shown separately.

3.5 Section III: Certifications


Bidders must submit the certifications and additional information required under Part 5.

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

PART 4 - EVALUATION PROCEDURES AND BASIS OF SELECTION


4.1. Evaluation Procedures
a) Bids will be assessed in accordance with the entire requirement of the bid solicitation including the
technical, financial evaluation criteria.
b) An evaluation team composed of representatives of Canada will evaluate the bids.

4.2. Mandatory Technical Criteria


Refer to Attachment 1 to Part 4.

4.3. Point Rated Technical Criteria


Refer to Attachment 1 to Part 4. Point-rated technical criteria not addressed will be given a score of zero.

4.4. Financial Evaluation


The price of the bid will be evaluated in Canadian dollars, Applicable Taxes excluded, FOB destination,
Canadian customs duties and excise taxes included.
For bid evaluation and contractor(s) selection purposes, the evaluated price of a bid will be determined in
accordance with the Pricing Schedule detailed in Annex “B”.

4.5 Basis of Selection


To be declared responsive, a bid must:
a) comply with all the requirements of the bid solicitation;
b) achieve a minimum 70 points on flex grid
c) meet all the mandatory evaluation criteria;
d) obtain the required minimum number of points, if specified, in Attachment 1 to Part 4 for the point
rated technical criteria for each resource.
Bids not meeting (a) or (b) or (c) or (d) will be declared non-responsive. Neither the responsive bid
obtaining the highest number of points nor the one with the lowest evaluated price will necessarily be
accepted.
The evaluation will be based on the highest responsive combined rating of technical merit and price. The ratio
will be 70% for the technical merit and 30% for the price.
To establish the technical merit score, the overall technical score for each responsive bid will be determined
as follows: total number of points obtained / maximum number of points available multiplied by the ratio of
70%.
To establish the pricing score, each responsive bid will be prorated against the lowest evaluated price and the
ratio of 30%.
For each responsive bid, the technical merit score and the pricing score will be added to determine its
combined rating.
Neither the responsive bid obtaining the highest technical score nor the one with the lowest evaluated price
will necessarily be accepted. The responsive bid with the highest combined rating of technical merit and price
will be recommended for award of a contract.

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

Example:
The table below illustrates an example where all three bids are responsive and the selection of the
contractor is determined by a 70/30 ratio of technical merit and price, respectively. The total overall score
(OS) equals 200 and the lowest average per diem rate (LAR) is $450.00.
Basis of Selection - Highest Combined Rating Technical Merit (70%) and Price (30%)
Bidder 1 Bidder 2 Bidder 3
Overall Score (OS) 190/200 180/200 170/200
Lowest Average Per diem rate
$500.00 $475.00 $450.00 (the LR)
(LAR)
Technical Merit
190/200 x 70 = 76.0 180/200 x 70 = 72 170/200 x 70 = 68.00
Score (TMS)
Calculations
Rate Score (RS) 450/500 x 30 = 18.00 450/475 x 30 = 18.95 450/450 x 20 = 30

Combined Rating (CR) 94.0 91.8 91.0


Overall Rating 1st 2nd 3rd

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

ATTACHMENT 1 to PART 4 - TECHNICAL CRITERIA

The Bidder should provide complete details regarding the qualifications, relevant experience and expertise,
and linguistic capabilities, if applicable, of the proposed personnel such as “ The experience of the proposed
resources must be clearly identified by providing a summary/description of the previous projects worked on,
and indicating when the work was carried out and the client”.

1. Flex Grid Requirements – Stream 8 HUMAN RESOURCES SERVICES

Human Resources Services Stream Flexible Grid

Levels of Expertise

Senior: Minimum 95 pts

Intermediate: Minimum 70 pts

Junior: Minimum 50 pts

Relevant Education to the Consultant Category

University (PhD, Graduate, Undergraduate, degree): 35 pts

College or CEGEP Diploma/Certificate: 25 pts

High School Diploma: 20 pts

Professional Certification

Relevant Professional Certification: 15 pts

Relevant Experience in Consultant Category

≥1 yrs and <2 yrs: 12-23 months - 10 pts

≥2 yrs and <4 yrs: 24-47 months - 20 pts

≥4 yrs and <6 yrs: 48-71 months - 30 pts

≥6 yrs and <8 yrs: 72-95 months - 40 pts

≥8 yrs and <10 yrs: 96-119 months - 50 pts

≥10 yrs: 120 + months - 60 pts

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

ATTACHMENT 1 to PART 4 - TECHNICAL CRITERIA

The Bidder should provide complete details regarding the qualifications, relevant experience and expertise,
and linguistic capabilities, if applicable, of the proposed personnel such as “ The experience of the proposed
resources must be clearly identified by providing a summary/description of the previous projects worked on,
and indicating when the work was carried out and the client”.

Mandatory Requirements:

Bids which fail to meet the mandatory technical criteria will be declared non-responsive. Each mandatory
technical criterion should be addressed separately.

Mandatory Technical Criteria Required Supporting MET NOT


Information MET

M.1. The Bidder must demonstrate that The following must be provided
the proposed resource has a minimum for each experience:
of 10 years’ experience in ALL of the a) Client name and contact
following staffing tasks: information;
1. Drafting Statement of Merit b) Summary of experience;
Criteria, work descriptions, c) Date and duration of
advertisements, assessment contract.
tools.
SSC has the right to contact
2. Participating in the administration
Client to validate the experience.
of assessments and interviews.
3. Working with managers to finalize
the results of a selection process.

M.2. The Bidder must demonstrate that The following must be provided:
the proposed resource has experience in a) Client name and contact
providing HR Staffing Services, as information;
outlined in the HR Staffing Services b) Brief description of
Catalogue, to a minimum of two (2) services;
different Government of Canada clients.
c) Date and duration of
contract.
SSC has the right to contact
Client to validate the experience.

M.3. The Bidder must demonstrate that


the proposed resource has a University
degree

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

M.4. The Bidder must demonstrate that


the proposed resource has a minimum
of ten (10) years’ of experience in the
Human Resources Services.

Point Rated Technical Criteria


Bids which meet all the mandatory technical criteria will be evaluated and scored as specified in the tables
inserted below.

Rated Criteria

Criteria Point Rating Substantiation

R1 – The bidder should demonstrate that 10 or more: 20


the proposed resource has detailed points
knowledge of the Government of Canada 7-9: 15 points
HR staffing policies, processes and 4-6: 10 points
regulations, as well as experience in their 1-3: 5 points
application.

This should be demonstrated by providing a


list of HR staffing processes with the
Federal Government within the last three (3)
years.

R2 – The bidder should demonstrate the 6 or more: 20


proposed resource’s has experience in points
delivering HR staffing services with the 5 to 6: 15 points
federal government, including conducting all 4 to 5: 10 points
phases of the staffing process from initial 3 to 4: 5 points
poster design, to the completion of 2 or Less: 0 points
reference checks.

This should be demonstrated by providing a


list where the resource managed the
process from start to finish and was the
process authority or lead within the last five
(5) years.

Total /40 Minimum score: 30/40

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

Bidders should note that all contract awards are subject to Canada’s internal approvals process,
which includes a requirement to approve funding in the amount of any proposed contract. Despite
the fact that the Bidder may have been recommended for contract award, a contract will only be
awarded if internal approval is granted according to Canada’s internal policies. If approval is not
granted, no contract will be awarded.

PART 5 – CERTIFICATIONS AND ADDITIONAL INFORMATION

Bidders must provide the required certifications and additional information to be awarded a contract.

The certifications provided by Bidders to Canada are subject to verification by Canada at all times. Unless
specified otherwise, Canada will declare a bid non-responsive, or will declare a contractor in default if any
certification made by the Bidder is found to be untrue whether made knowingly or unknowingly, during the bid
evaluation period or during the contract period.

The Contracting Authority will have the right to ask for additional information to verify the Bidder’s
certifications. Failure to comply and to cooperate with any request or requirement imposed by the Contracting
Authority will render the bid non-responsive or constitute a default under the Contract.

5.1 Certifications Precedent to Contract Award and Additional Information

The certifications and additional information listed in Attachment 1 to Part 5 should be submitted with the bid,
but may be submitted afterwards. If any of these required certifications or additional information is not
completed and submitted as requested, the Contracting Authority will inform the Bidder of a time frame within
which to provide the information. Failure to provide the certifications or the additional information listed below
within the time frame provided will render the bid non-responsive.

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

ATTACHMENT 1 TO PART 5
CERTIFICATIONS

5.1.1 Integrity Provisions - Associated Information


By submitting a bid, the Bidder certifies that the Bidder and its Affiliates are in compliance with the
provisions as stated in Section 01 Integrity Provisions - Bid of Standard Instructions 2003 (2014-09-25).
The associated information required within the Integrity Provisions will assist Canada in confirming that
the certifications are true.
5.1.2 Federal Contractors Program for Employment Equity - Bid Certification
By submitting a bid, the Bidder certifies that the Bidder, and any of the Bidder's members if the Bidder
is a Joint Venture, is not named on the Federal Contractors Program (FCP) for employment equity
"FCP Limited Eligibility to Bid" list available at the bottom of the page of the Employment and Social
Development Canada (ESDC) - Labour's website
(http://www.esdc.gc.ca/en/jobs/workplace/human_rights/employment_equity/federal_contractor_progr
am.page?&_ga=1.229006812.1158694905.1413548969).

Canada will have the right to declare a bid non-responsive if the Bidder, or any member of the Bidder
if the Bidder is a Joint Venture, appears on the “FCP Limited Eligibility to Bid“ list at the time of
contract award.

Former Public Servant - Competitive Bid


Contracts awarded to former public servants (FPS) in receipt of a pension or of a lump sum payment must
bear the closest public scrutiny, and reflect fairness in the spending of public funds. In order to comply with
Treasury Board policies and directives on contracts awarded to FPSs, bidders must provide the
information required below before contract award. If the answer to the questions and, as applicable the
information required have not been received by the time the evaluation of bids is completed, Canada will
inform the Bidder of a time frame within which to provide the information. Failure to comply with Canada’s
request and meet the requirement within the prescribed time frame will render the bid non-responsive.

Definitions
For the purposes of this clause, "former public servant" is any former member of a department as defined
in the Financial Administration Act, R.S., 1985, c. F-11, a former member of the Canadian Armed Forces
or a former member of the Royal Canadian Mounted Police. A former public servant may be:
a. an individual;
b. an individual who has incorporated;
c. a partnership made of former public servants; or
d. a sole proprietorship or entity where the affected individual has a controlling or major interest in the
entity.
"Lump sum payment period" means the period measured in weeks of salary, for which payment has been
made to facilitate the transition to retirement or to other employment as a result of the implementation of
various programs to reduce the size of the Public Service. The lump sum payment period does not include
the period of severance pay, which is measured in a like manner.
"Pension" means a pension or annual allowance paid under the Public Service Superannuation Act
(PSSA), R.S., 1985, c. P-36, and any increases paid pursuant to the Supplementary Retirement Benefits
Act, R.S., 1985, c. S-24 as it affects the PSSA. It does not include pensions payable pursuant to the
Canadian Forces Superannuation Act, R.S., 1985, c. C-17, the Defence Services Pension Continuation

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

Act, 1970, c. D-3, the Royal Canadian Mounted Police Pension Continuation Act , 1970, c. R-10, and the
Royal Canadian Mounted Police Superannuation Act, R.S., 1985, c. R-11, the Members of Parliament
Retiring Allowances Act, R.S. 1985, c. M-5, and that portion of pension payable to the Canada Pension
Plan Act, R.S., 1985, c. C-8.

Former Public Servant in Receipt of a Pension


As per the above definitions, is the Bidder a FPS in receipt of a pension? Yes ( ) No ( )
If so, the Bidder must provide the following information, for all FPSs in receipt of a pension, as applicable:

a. name of former public servant;

b. date of termination of employment or retirement from the Public Service.

By providing this information, Bidders agree that the successful Bidder’s status, with respect to being a
former public servant in receipt of a pension, will be reported on departmental websites as part of the
published proactive disclosure reports in accordance with Contracting Policy Notice: 2012-2 and the
Guidelines on the Proactive Disclosure of Contracts.

Work Force Adjustment Directive


Is the Bidder a FPS who received a lump sum payment pursuant to the terms of the Work Force
Adjustment Directive? Yes ( ) No ( )
If so, the Bidder must provide the following information:

a. name of former public servant;

b. conditions of the lump sum payment incentive;

c. date of termination of employment;

d. amount of lump sum payment;

e. rate of pay on which lump sum payment is based;

f. period of lump sum payment including start date, end date and number of weeks;

g. number and amount (professional fees) of other contracts subject to the restrictions of a work force
adjustment program.

For all contracts awarded during the lump sum payment period, the total amount of fees that may be paid
to a FPS who received a lump sum payment is $5,000, including Applicable Taxes.

5.1.3 Additional Certifications Precedent to Contract Award


5.1.3.1 Status and Availability of Resources
SACC Manual clause A3005T (2010-08-16).
5.1.3.2 Rate or Price Certification
SACC Manual clause C0003T (2008-12-12).

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

5.1.3.3 Education and Experience


SACC Manual clause A3015C (2014-06-26)
SACC Manual clause A3010T (2010-08-16) Education and Experience

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PART 6 - RESULTING CONTRACT CLAUSES

The following clauses and conditions apply to and form part of any contract resulting from the bid solicitation.

6.1 Security Requirements


SECURITY REQUIREMENT FOR CANADIAN SUPPLIER:
COMMON-PS-SRCL#6

1. The Contractor/Offeror must, at all times during the performance of the Contract/Standing Offer, hold
a valid Designated Organization Screening (DOS), issued by the Contract Security Program (CSP) of
the Industrial Security Sector (ISS), Public Works and Government Services Canada (PWGSC).

2. The Contractor/Offeror personnel requiring access to PROTECTED information, assets or sensitive


work site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by the
CSP/ISS/PWGSC.

3. The Contractor/Offeror MUST NOT remove any PROTECTED information or assets from the
identified work site(s), and the Contractor/Offeror must ensure that its personnel are made aware of
and comply with this restriction.

4. Subcontracts which contain security requirements are NOT to be awarded without the prior written
permission of the CSP/ISS/ PWGSC.

5. The Contractor/Offeror must comply with the provisions of the:

(a) Security Requirements Check List and security guide (if applicable),
attached at Annex C;
(b) Contract Security Manual (Latest Edition).

6.2 Statement of Work

The Contractor must provide Professional Services in accordance with the Requirement at Annex "A" .

6.3 Standard Clauses and Conditions

All clauses and conditions identified in the Contract by number, date and title are set out in the Standard
Acquisition Clauses and Conditions Manual (https://buyandsell.gc.ca/policy-and-guidelines/standard-
acquisition-clauses-and-conditions-manual) issued by Public Works and Government Services Canada.

6.4 General Conditions

2010B (2020-05-28), General Conditions - Professional Services (Medium Complexity) apply to and form part
of the Contract.

6.5 Period of the Contract


The period of the Contract is from contract award to March 31, 2022, inclusive.

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6.6 Authorities

6.6.1 Contracting Authority

The Contracting Authority for the Contract is:

Name: Roxanne Pellletier


Title: Procurement Officer
Department: Shared Services Canada
Address: 180 Kent Street
E-mail address: Roxanne.S.Pelletier@ssc-spc.gc.ca

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.

6.6.2 Technical Authority

The Technical Authority for the Contract is:

Name:
Title:
Organization: Shared Services Canada (SSC),
Telephone:
E-mail address:

The Technical Authority named above 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 Technical
Authority, however the Technical 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.

6.6.3 Contractor's Representative

The Contractor’s Representative for the Contract is: insert at contract award

Name: _________
Title: _________
Organization: __________
Address: __________
Telephone: ___ ___ _______
Facsimile: ___ ___ _______
E-mail address: ___________

6.7 Proactive Disclosure of Contracts with Former Public Servants

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.

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6.8 Payment

6.8.1 Basis of Payment

The Contractor will be reimbursed for the costs reasonably and properly incurred in the performance of the
Work, as determined in accordance with the Basis of Payment in Annex “B”, to a limitation of expenditure
of $________ (insert the amount at contract award). Goods and Services Tax or Harmonized Sales
Tax is extra, if applicable.

Professional Services Rates: In Canada’s experience, bidders from time to time propose rates at the time
of bidding for one or more Resource Categories that they later refuse to honour, on the basis that these
rates do not allow them to recover their own costs and/or make a profit. This denies Canada of the benefit of
the awarded contract. If the Contractor does not respond or refuses to provide an individual with the
qualifications described in the Contract (or proposes instead to provide someone from an alternate category
at a different rate), whether or not Canada terminates the Contract as a whole, Canada may impose
sanctions or take other measures in accordance with the PWGSC Vendor Performance Policy (or
equivalent) then in effect, which may include an assessment that results in conditions applied against the
Contractor to be fulfilled before doing further business with Canada, or full debarment of the Contractor from
bidding on future requirements.

Competitive Award: The Contractor acknowledges that the Contract has been awarded as a result of a
competitive process. No additional charges will be allowed to compensate for errors, oversights,
misconceptions or underestimates made by the Contractor when bidding for the Contract.

Purpose of Estimates: All estimated costs contained in the Contract are included solely for the
administrative purposes of Canada and do not represent a commitment on the part of Canada to purchase
services in these amounts. Any commitment to purchase specific amounts or values of services are
described elsewhere in the Contract.

6.8.2 Limitation of Expenditure

1. Canada's total liability to the Contractor under the Contract must not exceed $ _______. Customs duties
are included and Applicable Taxes are extra.

2. No increase in the total liability of Canada or in the price of the Work resulting from any design changes,
modifications or interpretations of the Work, will be authorized or paid to the Contractor unless these
design changes, modifications or interpretations have been approved, in writing, by the Contracting
Authority before their incorporation into the Work. The Contractor must not perform any work or provide
any service that would result in Canada's total liability being exceeded before obtaining the written
approval of the Contracting Authority. The Contractor must notify the Contracting Authority in writing as to
the adequacy of this sum:
a. when it is 75 percent committed, or
b. four (4) months before the contract expiry date, or
c. as soon as the Contractor considers that the contract funds provided are inadequate for the
completion of the Work,
whichever comes first.

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3. If the notification is for inadequate contract funds, the Contractor must provide to the Contracting
Authority a written estimate for the additional funds required. Provision of such information by the
Contractor does not increase Canada's liability.

6.8.3 Monthly Payment


Canada will pay the Contractor on a monthly basis for work performed during the month covered by the
invoice in accordance with the payment provisions of the Contract if:

a. an accurate and complete invoice and any other documents required by the Contract have been
submitted in accordance with the invoicing instructions provided in the Contract;

b. all such documents have been verified by Canada;

c. the Work performed has been accepted by Canada.

6.8.4 Accounts and Audit

1. The Contractor must keep proper accounts and records of the cost of performing the Work and of all
expenditures or commitments made by the Contractor in connection with the Work, including all invoices,
receipts and vouchers. The Contractor must retain records, including bills of lading and other evidence of
transportation or delivery, for all deliveries made under the Contract.
2. If the Contract includes payment for time spent by the Contractor, its employees, representatives, agents
or subcontractors performing the Work, the Contractor must keep a record of the actual time spent each
day by each individual performing any part of the Work.
3. Unless Canada has consented in writing to its disposal, the Contractor must retain all the information
described in this section for six years after it receives the final payment under the Contract, or until the
settlement of all outstanding claims and disputes, whichever is later. During this time, the Contractor must
make this information available for audit, inspection and examination by the representatives of Canada,
who may make copies and take extracts. The Contractor must provide all reasonably required facilities for
any audit and inspection and must furnish all the information as the representatives of Canada may from
time to time require to perform a complete audit of the Contract.
4. The amount claimed under the contract, calculated in accordance with the Basis of Payment provision in
the Articles of Agreement, is subject to government audit both before and after payment is made. If an
audit is performed after payment, the Contractor agrees to repay any overpayment immediately on demand
by Canada. Canada may hold back, deduct and set off any credits owing and unpaid under this section
from any money that Canada owes to the Contractor at any time (including under other contracts). If
Canada does not choose to exercise this right at any given time, Canada does not lose this right.

6.8.5 Time Verification


Time charged and the accuracy of the Contractor's time recording system is subject to verification by
Canada, before or after payment is made to the Contractor. If verification is done after payment, the
Contractor must repay any overpayment, at Canada's request.

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6.9 Invoicing Instructions

(a) The Contractor must submit invoices electronically through the SSC P2P portal in accordance with the
section entitled “Invoice Submission” of the General Conditions. Invoices cannot be submitted until all
work identified in the invoice is completed. In the alternative, the Contractor may seek the consent of
the Contracting Authority to submit invoices using an alternative method.

(b) For Purchase Orders, the Contractor's invoice must indicate which line item(s) and the quantity for
which it is invoicing.

(c) If the Contractor submitted an advance shipping notice, the invoice should be linked to this advance
shipping notice in the SSC P2P portal. The Contractor may link more than one advance shipping
notice to the invoice. The invoice must match the total quantity and price of the advance shipping
notices.

(d) By submitting invoices, the Contractor is certifying that the goods and services have been delivered
and that all charges are in accordance with the Basis of Payment provision of the Contract, including
any charges for work performed by subcontractors.

(e) The Contractor must provide a digital copy of the invoice as an attachment through P2P.

6.10 No Responsibility to Pay for Work not performed due to Closure of Government Offices

(a) Where the Contractor, its employees, subcontractors, or agents are providing services on government
premises under the Contract and those premises are inaccessible because of the evacuation or closure
of government offices, and as a result no work is performed, Canada is not responsible for paying the
Contractor for work that otherwise would have been performed if there had been no evacuation or
closure.

(b) If, as a result of any strike or lock-out, the Contractor or its employees, subcontractors or agents cannot
obtain access to government premises and, as a result, no work is performed, Canada is not
responsible for paying the Contractor for work that otherwise would have been performed if the
Contractor had been able to gain access to the premises.

6.11 Certifications and Additional Information

6.11.1 Compliance

Unless specified otherwise, the continuous compliance with the certifications provided by the Contractor in
its bid or precedent to contract award, and the ongoing cooperation in providing additional information are
conditions of the Contract and failure to comply will constitute the Contractor in default. Certifications are
subject to verification by Canada during the entire period of the Contract.

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6.12 Applicable Laws

The Contract must be interpreted and governed, and the relations between the parties determined, by the
laws in force in Ontario.

6.13 Materials and Tools

All materials and tools required in the performance of the work including office space, associated supplies,
computing devices and telephony equipment are to be provided by the vendor unless otherwise agreed to by
the designated technical authority

6.14 Priority of Documents

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.

(a) the Articles of Agreement;


(c) the general conditions 2010B, 2018-06-21;
(d) Annex A, Statement of Work;
(e) Annex C, Security Requirements Check List;
(f) the Contractor's bid dated _______ (insert date of bid at the time of contract award: “, as clarified on
_______” or “, as amended on_________” and insert date(s) of clarification(s) or amendment(s))

6.15 Joint Venture Contractor

a. Supply Arrangement (SA) Holders who wish to submit their proposal as a joint venture must have
already been qualified under the SA # EN578-055605/C as a joint venture.
b. The Contractor confirms that the name of the joint venture is ____________ and that it is comprised of
the following members: [all the joint venture members named in the Contractor's bid will be
listed].
c. With respect to the relationship among the members of the joint venture Contractor, each member
agrees, represents and warrants (as applicable) that:
(i) ______________ has been appointed as the “representative member” of the joint venture
Contractor and has fully authority to act as agent for each member regarding all matters relating to
the Contract;
(ii) by giving notice to the representative member, Canada will be considered to have given notice to
all the members of the joint venture Contractor; and
(iii) all payments made by Canada to the representative member will act as a release by all the
members.
d. All the members agree that Canada may terminate the Contract in its discretion if there is a dispute
among the members that, in Canada’s opinion, affects the performance of the Work in any way.
e. All the members are jointly and severally or solidarily liable for the performance of the entire Contract.
f. The Contractor acknowledges that any change in the membership of the joint venture (i.e., a change
in the number of members or the substitution of another legal entity for an existing

Note to Bidders: This Article will be deleted if the Bidder awarded the contract is not a joint venture. If
the contractor is a joint venture, this clause will be completed with information provided in its bid.

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6.16 Basis for Canada’s Ownership of Intellectual Property


The Department of Public Works and Government Services Canada has determined that any intellectual
property rights arising from the performance of the Work under the resulting contract will belong to
Canada, on the following grounds:
- where the material developed or produced consists of material subject to copyright, with the exception
of computer software and all documentation pertaining to that software.

6.17 Professional Services – General

a. The Contractor must provide professional services on request as specified in this Contract. Where in
the Contract a specific individual is identified as required to perform the Work, the Contractor must
make such person available to perform the work within 10 working days of the issuance of the
Contract or the TA (whichever first contains instructions from Canada for that individual to report to the
Work site). Where such a specific individual is unavailable to perform the Work, Canada may elect to
either (i) exercise its rights or remedies under the Contract or at law (including terminating the
Contract for default), or (ii) Canada may require the Contractor to propose the replacement of the
specific individual in accordance with the Article titled, "Replacement of Specific Individuals" in the
General Conditions 2035. This obligation applies despite any changes that Canada may have made to
any hardware, software or any other aspect of the Client's operating environment. In respect of any
given Category of Personnel, any replacement resource will be rated by the Technical Authority and
the score obtained must be equal or superior.
b. If there must be a change in a resource performing work under the Contract (which must in any case
comply with the requirements in the section of the General Conditions entitled "Replacement of
Specific Individuals"), the Contractor must make the replacement available for work within 10 working
days of the departure of the existing resource (or, if Canada has requested the replacement, within 15
working days of Canada's notice of the requirement for a replacement).
c. All resources provided by the Contractor must meet the qualifications described in the Contract
(including those relating to previous experience, professional designation, education, and language
proficiency) and must be competent to provide the required services by any delivery dates described
in the Contract. The resource must be approved by Canada prior to the replacement at the Work site.
d. The Contractor must monitor its employees to ensure satisfactory performance and that progress of
the Work is maintained to Canada's satisfaction. A Contractor representative will meet with the
Technical Authority on a regular basis (as specified by Canada) to discuss the performance of its
resources and to resolve any issues at hand.
e. If the Contractor fails to meet any of its obligations under this Article, or fails to deliver any deliverable
or complete any task described in the Contract on time, in addition to any other rights or remedies
available to Canada under the Contract or the law, Canada may notify the Contractor of the
deficiency, in which case the Contractor must submit a written plan to the Technical Authority within
10 working days detailing the actions that the Contractor will undertake to remedy the deficiency. The
Contractor must prepare and implement the plan at its own expense.

6.18 Replacement of Specific Individuals


1. If specific individuals are identified in the Contract to perform the Work, the Contractor must provide
the services of those individuals unless the Contractor is unable to do so for reasons beyond its control.
2. If the Contractor is unable to provide the services of any specific individual identified in the Contract, it
must provide a replacement with similar qualifications and experience. The replacement must meet the
criteria used in the selection of the Contractor and be acceptable to Canada. The Contractor must, as
soon as possible, give notice to the Contracting Authority of the reason for replacing the individual and
provide:
(a) the name, qualifications and experience of the proposed replacement; and

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(b) proof that the proposed replacement has the required security clearance granted by Canada, if
applicable.
3. The Contractor must not, in any event, allow performance of the Work by unauthorized replacement
persons. The Contracting Authority may order that a replacement stop performing the Work. In such a
case, the Contractor must immediately comply with the order and secure a further replacement in
accordance with subsection 2. The fact that the Contracting Authority does not order that a replacement
stop performing the Work does not relieve the Contractor from its responsibility to meet the requirements
of the Contract

6.19 Ownership
1. Unless provided otherwise in the Contract, the Work or any part of the Work belongs to Canada after
delivery and acceptance by or on behalf of Canada.
2. However if any payment is made to the Contractor for or on account of any Work, either by way of
progress or milestone payments, that work paid for by Canada belongs to Canada upon such payment
being made. This transfer of ownership does not constitute acceptance by Canada of the Work or any
part of the Work and does not relieve the Contractor of its obligation to perform the Work in accordance
with the Contract.
3. Despite any transfer of ownership, the Contractor is responsible for any loss or damage to the Work or
any part of the Work until it is delivered to Canada in accordance with the Contract. Even after delivery,
the Contractor remains responsible for any loss or damage to any part of the Work caused by the
Contractor or any subcontractor.
4. Upon transfer of ownership to the Work or any part of the Work to Canada, the Contractor must, if
requested by Canada, establish to Canada's satisfaction that the title is free and clear of all claims, liens,
attachments, charges or encumbrances. The Contractor must execute any conveyances and other
instruments necessary to perfect the title that Canada may require.

6.20 Limitation of Liability – Information management/Information Technology


a. Any reference in this section to damages caused by the Contractor also includes damages caused by
its employees, as well as its subcontractors, agents, and representatives, and any of their employees.
This section applies regardless of whether the claim is based in contract, tort, or another cause of
action. The Contractor is not liable to Canada with respect to the performance of or failure to perform
the Contract, except as described in this section and in any section of the Contract pre-establishing
any liquidated damages. The Contractor is only liable for indirect, special or consequential damages to
the extent described in this Article, even if it has been made aware of the potential for those damages.
b. First Party Liability:
i. The Contractor is fully liable for all damages to Canada, including indirect, special or consequential
damages, caused by the Contractor’s performance or failure to perform the Contract that relate to:
A. any infringement of intellectual property rights to the extent the Contractor breaches the section
entitled "Intellectual Property Infringement and Royalties";
B. physical injury, including death.
ii. The Contractor is liable for all direct damages affecting real or tangible personal property owned,
possessed, or occupied by Canada.
iii. Each of the Parties is liable for all direct damages resulting from its breach of confidentiality under
the Contract. Each of the Parties is also liable for all indirect, special or consequential damages in
respect of its unauthorized disclosure of the other Party’s trade secrets (or trade secrets of a third
party provided by one Party to another under the Contract) relating to information technology.
iv. The Contractor is liable for all direct damages relating to any encumbrance or claim relating to any
portion of the Work for which Canada has made any payment. This does not apply to

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encumbrances or claims relating to intellectual property rights, which are addressed under (i.A)
above.
v. The Contractor is also liable for any other direct damages to Canada caused by the Contractor in
any way relating to the Contract, including:
A. any breach of the warranty obligations under the Contract, up to the total amount paid by
Canada (including any applicable taxes) for the goods and services affected by the breach of
warranty; and
B. any other direct damages, including all identifiable direct costs to Canada associated with re-
procuring the Work from another party if the Contract is terminated either in whole or in part for
default, up to an aggregate maximum for this subparagraph (B) of the greater of [.75] times the
total estimated cost (meaning the dollar amount shown on the first page of the Contract in the
cell titled "Total Estimated Cost" or shown on each call-up, purchase order or other document
used to order goods or services under this instrument).
vi. In any case, the total liability of the Contractor under paragraph (v) will not exceed the total
estimated cost (as defined above) for the Contract.
vii. If Canada’s records or data are harmed as a result of the Contractor’s negligence or willful act, the
Contractor’s only liability is, at the Contractor’s own expense, to restore Canada’s records and data
using the most recent backup kept by Canada. Canada is responsible for maintaining an adequate
backup of its records and data.
c. Third Party Claims:
i. Regardless of whether a third party makes its claim against Canada or the Contractor, each Party
agrees that it is liable for any damages that it causes to any third party in connection with the
Contract as set out in a settlement agreement or as finally determined by a court of competent
jurisdiction, where the court determines that the Parties are jointly and severally liable or that one
Party is solely and directly liable to the third party. The amount of the liability will be the amount set
out in the settlement agreement or determined by the court to have been the Party’s portion of the
damages to the third party. No settlement agreement is binding on a Party unless its authorized
representative has approved the agreement in writing.
ii. If Canada is required, as a result of joint and several liability, to pay a third party in respect of
damages caused by the Contractor, the Contractor must reimburse Canada by the amount finally
determined by a court of competent jurisdiction to be the Contractor’s portion of the damages to the
third party. However, despite paragraph (i), with respect to special, indirect, and consequential
damages of third parties covered by this Section, the Contractor is only liable for reimbursing
Canada for the Contractor’s portion of those damages that Canada is required by a court to pay to a
third party as a result of joint and several liability that relate to the infringement of a third party’s
intellectual property rights; physical injury of a third party, including death; damages affecting a third
party’s real or tangible personal property; liens or encumbrances on any portion of the Work; or
breach of confidentiality.
iii. The Parties are only liable to one another for damages to third parties to the extent described in this
paragraph c.

6.21 Liability

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.

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6.22 Intellectual Property Infringement and Royalties


1. The Contractor represents and warrants that, to the best of its knowledge, neither it nor Canada will
infringe any third party's intellectual property rights in performing or using the Work, and that Canada will
have no obligation to pay royalties of any kind to anyone in connection with the Work.
2. If anyone makes a claim against Canada or the Contractor concerning intellectual property
infringement or royalties related to the Work, that Party agrees to notify the other Party in writing
immediately. If anyone brings a claim against Canada, according to Department of Justice Act, R.S.,
1985, c. J-2, the Attorney General of Canada must have the regulation and conduct of all litigation for or
against Canada, but the Attorney General may request that the Contractor defend Canada against the
claim. In either case, the Contractor agrees to participate fully in the defence and any settlement
negotiations and to pay all costs, damages and legal costs incurred or payable as a result of the claim,
including the amount of any settlement. Both Parties agree not to settle any claim unless the other Party
first approves the settlement in writing.
3. The Contractor has no obligation regarding claims that were only made because:
(a) Canada modified the Work or part of the Work without the Contractor's consent or used the Work
or part of the Work without following a requirement of the Contract; or
(b) Canada used the Work or part of the Work with a product that the Contractor did not supply under
the Contract (unless that use is described in the Contract or the manufacturer's specifications); or
(c) the Contractor used equipment, drawings, specifications or other information supplied to the
Contractor by Canada (or by someone authorized by Canada); or
(d) the Contractor used a specific item of equipment or software that it obtained because of specific
instructions from the Contracting Authority; however, this exception only applies if the Contractor has
included the following language in its own contract with the supplier of that equipment or software:
"[Supplier name] acknowledges that the purchased items will be used by the Government of Canada.
If a third party claims that equipment or software supplied under this contract infringes any intellectual
property right, [supplier name], if requested to do so by either [Contractor name] or Canada, will
defend both [Contractor name] and Canada against that claim at its own expense and will pay all
costs, damages and legal fees payable as a result of that infringement." Obtaining this protection from
the supplier is the Contractor's responsibility and, if the Contractor does not do so, it will be
responsible to Canada for the claim.
4. If anyone claims that, as a result of the Work, the Contractor or Canada is infringing its intellectual
property rights, the Contractor must immediately do one of the following:
(a) take whatever steps are necessary to allow Canada to continue to use the allegedly infringing part
of the Work; or
(b) modify or replace the Work to avoid intellectual property infringement, while ensuring that the Work
continues to meet all the requirements of the Contract; or
(c) take back the Work and refund any part of the Contract Price that Canada has already paid.
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.

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6.23 Safeguarding Electronic Media

a. Before using them on Canada's equipment or sending them to Canada, the Contractor must use a
regularly updated product to scan electronically all electronic media used to perform the Work for
computer viruses and other coding intended to cause malfunctions. The Contractor must notify Canada if
any electronic media used for the Work are found to contain computer viruses or other coding intended to
cause malfunctions.
b. If magnetically recorded information or documentation is damaged or lost while in the Contractor's care or
at any time before it is delivered to Canada in accordance with the Contract, including accidental erasure,
the Contractor must immediately replace it at its own expense.

6.24 Representations and Warranties

The Contractor made statements regarding its and its proposed resource(s) experience and expertise in its
bid that resulted in the award of the Contract. The Contractor represents and warrants that all those
statements are true and acknowledges that Canada relied on those statements in awarding the. The
Contractor also represents and warrants that it has, and all its resources and subcontractors that perform the
Work have, and at all times during the Contract Period they will have, the skills, qualifications, expertise and
experience necessary to perform and manage the Work in accordance with the Contract, and that the
Contractor (and any resources or subcontractors it uses) has previously performed similar services for other
customers.

6.25 Conflict of Interest - Unfair Advantage

1. In order to protect the integrity of the procurement process, bidders are advised that Canada may reject a
bid in the following circumstances:

a. if the Bidder, any of its subcontractors, any of their respective employees or former
employees was involved in any manner in the preparation of the bid solicitation or in any
situation of conflict of interest or appearance of conflict of interest;

b. if the Bidder, any of its subcontractors, any of their respective employees or former
employees had access to information related to the bid solicitation that was not available to
other bidders and that would, in Canada's opinion, give or appear to give the Bidder an unfair
advantage.

1. The experience acquired by a bidder who is providing or has provided the goods and services
described in the bid solicitation (or similar goods or services) will not, in itself, be considered by
Canada as conferring an unfair advantage or creating a conflict of interest. This bidder remains
however subject to the criteria established above.
2. Where Canada intends to reject a bid under this section, the Contracting Authority will inform the
Bidder and provide the Bidder an opportunity to make representations before making a final decision.
Bidders who are in doubt about a particular situation should contact the Contracting Authority before
bid closing. By submitting a bid, the Bidder represents that it does not consider itself to be in conflict of
interest nor to have an unfair advantage. The Bidder acknowledges that it is within Canada's sole
discretion to determine whether a conflict of interest, unfair advantage or an appearance of conflict of
interest or unfair advantage exists.

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Services partagés Canada

ANNEX "A"

Statement of Work
Senior Staffing Consultant

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

1. Language Requirements
The contractor must conduct and provide work in English.

2. Travel Requirements
There will be no travel required. All travel expenses of the Contractor will be the
Contractor’s responsibility.

3. Location of Work
Virtual

4. Summary of the tasks involved:


• Development and/or review of statement of Statement of Merit Criteria
• Development and/or review of assessment material (written and oral exams)
• Review and validation of jobs.gc.ca poster
• Initial screening of applicants
• Coordinating review of applicants by screening board
• Coordination of virtual written exams and interviews
• Being assessment board member (TBD)
• Coordination and completion of reference checks (TBD)
• Liaison with HR advisor and assessment board (TBD)

Estimated number of processes: 1-3


Classifications: PG-01, PG-02, PG-04, AS-04
External/internal advertisements: Undecided

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

ANNEX "B"

Basis of Payment

The Contractor will be paid in accordance with the following Basis of Payment for work performed under the
Contract.

Note to Suppliers: A Firm Per Diem Rate for each resource category/level must be included with all bid
submissions against the Pro Services, including Firm/Fixed Price bids.

1. PROFESSIONAL SERVICES

The Contractor will be paid the following firm all-inclusive per diem rates for work performed under this
Contract, in accordance with Annex “A”, during the entire period of the Contract. Goods and Services
Tax (GST) or Harmonized Sales Tax (HST) extra.

Work Stream & Resource Estimated


Category/Level Number of Number of
Firm Per
Resources Days
Diem Rate
Required

<to be
Stream 8: Senior Staffing Consultant 1 completed by 27
the Bidder>

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

ANNEX "C"
Security Requirements Checklist (SRCL)

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

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Shared Services Canada Solicitation Number: R97495
Services partagés Canada

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