ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ( AODA ) RELATED SERVICES REQUEST FOR PROPOSALS

Transcription

1 ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ( AODA ) RELATED SERVICES REQUEST FOR PROPOSALS Issued by: Ontario Education Collaborative Marketplace OECM Request for Proposals Number: # Request for Proposals Issued On: October 15, 2013 Proposal Submission Deadline: 2:00:00pm November 19, 2013 Eastern Time Zone (EST) Ontario Education Collaborative Marketplace 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 RFP Coordinator: Agnes Tijet, Sourcing Manager, agnes.tijet@oecm.ca.

2 TABLE OF CONTENTS PART 1 INTRODUCTION Invitation to Proponents Overview of OECM OECM Geographical Zones School Board, College and University Zone Information OECM Client Participation OECM Client Working Group Objectives Type of Agreement The Multi-Supplier Arrangement Process Proponent Consortium Information Collaborative Procurement Activity No Guarantee of Volume of Work or Exclusivity of Agreement Rules of Interpretation Definitions... 9 PART 2 - THE DELIVERABLES Description of Services Category A: Audit Category B: Compliance advisory Category C: Training Second-Stage Selection Process & Rates Second-Stage Selection Process Rates Reduced Rates at the Second-Stage Selection Process Lowered Rates for the Agreement Taxes and Travel Expenses Permits, Licenses, and Approvals Personnel Invoicing Payment Terms Retainer Management Support Customer Support to Clients Agreement Management with OECM Reporting Satisfaction Surveys Accessibility for Ontarians with Disabilities Act Pricing Methodology Optional Pricing Refresh Saving Calculation OECM Cost Recovery Fee PART 3 - EVALUATION OF PROPOSALS Stages of Proposal Evaluation Evaluation Point Allocation Stage I Review of Mandatory Requirements (Pass/Fail) Form of Offer - Appendix B (Mandatory Form) Rate Bid Form Appendix C (Mandatory Form) Consortium Information Appendix F (Mandatory Form, if applicable) Stage II Rated Requirements Rated Requirements (75 points) Stage III Pricing (25 points) Method of Evaluation Stage IV Cumulative Score Stage V - Tie Break Discussions with Preferred Proponent PART 4 - TERMS AND CONDITIONS OF THE RFP PROCESS General Information and Instructions RFP Timetable Proponent Information Session Proponents to Follow Instructions Proposals in English OECM AODA Related Services RFP Page 2 of 49

3 4.1.4 OECM s Information in RFP Only an Estimate Proponent s Costs Communication after RFP Issuance RFP Coordinator Contact Information Proponents to Review RFP Proponent to Notify All New Information to Proponents by way of Addenda Proposal Submission Requirements General Proposal Submission Requirements Other Proposal Considerations Proposal Receipt by OECM Withdrawal of Proposal Amendment of Proposal Completeness of Proposal Proposals Retained by OECM Proposal Irrevocability Acceptance of RFP Amendments to RFP Proposals will not be Opened Publicly Clarification of Proposals Verification of Information Proposal Acceptance RFP Incorporated into Proposal Exclusivity of Contract Substantial Compliance No Publicity or Promotion Execution of Agreement, Notification and Debriefing Selection of Proponent Failure to Enter Into Agreement Notification to Other Proponents of Outcome of RFP Process Debriefing Bid Dispute Resolution Prohibited Communications, Confidential Information and FIPPA Confidential Information of OECM Confidential Information of the Proponent Proponent s Submission Personal Information Non-Disclosure Agreement Freedom of Information and Protection of Privacy Act Competition Act Trade Agreements Intellectual Property Reserved Rights and Governing Law of OECM General Rights of OECM Preferred Proponent No Liability Assignment Entire RFP Priority of Documents Governing Law APPENDIX A FORM OF AGREEMENT APPENDIX C RATE BID FORM APPENDIX D REFERENCE FORM APPENDIX E RATED REQUIREMENTS APPENDIX F CONSORTIUM INFORMATION APPENDIX G ZONE COVERAGE APPENDIX H OECM GEOGRAPHICAL ZONES APPENDIX I ONTARIO SCHOOL BOARDS, COLLEGES AND UNIVERSITIES OECM AODA Related Services RFP Page 3 of 49

4 PART 1 INTRODUCTION 1.1 Invitation to Proponents This Request for Proposals ( RFP ) is an invitation to prospective Proponents to submit Proposals to be prequalified to enter into a Multi-Supplier Arrangement ( MSA ) for the provision of AODA Related Services ( Services ) on an as-and-when required basis to support the Ontario Education Collaborative Marketplace ( OECM ) Clients as further described in Part 2 - Deliverables (the Deliverables ). The objective of this RFP is to pre-qualify Suppliers and develop a Multi-Supplier Arrangement comprising of a list of organizations capable of providing the Services to Clients with specific requirements expressed through a Request for Service. The MSA streamlines the process to procure Services for specific requests through a second-stage selection process. This RFP is issued by OECM. 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 purpose of the directive is: 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. To ensure that procurement processes are managed consistently throughout the BPS. The directive applies to all School Boards, Colleges of Applied Arts and Technology and Universities (SCUs) in Ontario. The goal of the BPS supply chain code of ethics is to ensure an ethical, professional and accountable BPS supply chain in Ontario through: i. Personal Integrity and Professionalism ii. iii. Accountability and Transparency Compliance and Continuous Improvement Visit the following website for the complete BPS Procurement Directive document Overview of OECM OECM, incorporated in 2006, is a non-for-profit/non-share corporation that leads collaborative strategic sourcing initiatives to lower costs and increase efficiencies for publicly assisted School Boards, Colleges of Applied Arts and Technology and Universities as well as other BPS entities. Working in collaboration with Clients, OECM: 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; OECM AODA Related Services RFP Page 4 of 49

5 Actively promotes adherence to the Ontario BPS Procurement Directive in all phases of the sourcing and agreement lifecycle. For more information about OECM, please visit OECM Geographical Zones OECM Clients are located in five (5) geographical Zones (as set out below) throughout the Province of Ontario. Central Zone; East Zone; North East Zone; North West Zone; and West Zone. The Zones are also illustrated in Appendix H. 1.4 School Board, College and University Zone Information OECM supports collaborative sourcing initiatives for one-hundred-and-eighteen (118) School Boards, Colleges, and Universities (SCU s). The approximate number of SCU s, students and employees in each Zone is set out below and further illustrated in Appendices H and I: Zone # of SCU s Approximate # Students Approximate # Employees Central Zone 53 2,291, ,383 East Zone ,605 36,641 North East Zone ,760 21,842 North West Zone ,314 14,785 West Zone ,940 33,654 Totals: 118 3,759, ,305 The above Clients are not, in any way, committed to participating in the resulting Agreement from this RFP. 1.5 OECM Client Participation There are 225 Clients using OECM agreements today: 112 SCU s. 113 other BPS organizations. Participation in OECM agreements has been steadily growing, demonstrated by a growth in spend on OECM agreements by over 158% in 2011 compared to This clearly demonstrates that the Ontario education sector and other BPS organizations are achieving value and savings by using OECM agreements. 1.6 OECM Client Working Group The following OECM Clients have been actively involved with the development of the requirements set out in this RFP: OECM AODA Related Services RFP Page 5 of 49

6 Client Algonquin College of Applied Arts and Technologies Conestoga College of Applied Arts and Technologies Georgian College of Applied Arts and Technologies Mohawk College of Applied Arts and Technologies Queen's University St. Lawrence College of Applied Arts and Technologies Town of Caledon Peterborough Victoria Northumberland Clarington Catholic DSB Client s Website Waterloo Catholic DSB The above Clients are not, in any way, committed to participating in the resulting Agreement from this RFP. 1.7 Objectives This RFP is seeking to satisfy the following objectives: Obtain quality Services demonstrating value for money; Ensure the Multi-Suppliers Arrangement provide highly skilled personnel with applicable technical knowledge; Increase ease of access to qualified Suppliers; Obtain per diem ceiling prices; and Reduce the costs of competitive procurement processes associated with the provision of Services. 1.8 Type of Agreement OECM intends to select, in accordance with the terms and conditions outlined in this RFP, qualified Proponents to become Suppliers under the AODA Related Services agreement. OECM intends to enter into an Agreement ( Agreement ) to up to five (5) Preferred Proponents per Service Category per Zone, as identified in Appendix H. The Term of the Agreement is intended to be for a period of three (3) year, 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. Proponents who are unable to provide all listed services under a Service Category are encouraged to form consortium with a credible network of professional colleagues to participate in this RFP. The Supplier will be required to enter into an Agreement with OECM in form and content substantially similar to Appendix A of this RFP. Clients participating in the Agreement will execute Client Supplier Agreements (CSA s) with the Supplier of their choice or the Supplier selected by Clients through the second stage process, as attached in Appendix A. The Supplier and Client, when executing a CSA, may mutually agree to additional terms and conditions ensuring the additional terms and conditions are not in any way inconsistent with the Form of Agreement agreed to by OECM and the Supplier. Any CSA signed by a Client and the Supplier should include all necessary terms, as appropriate to the Client, and take into account the Client s incorporating legislation or documents. By submitting a Proposal, a Proponent is deemed to confirm that it has prepared its Proposal with reference to all of the provisions of Appendix A, and has factored all of the provisions of Appendix A into its pricing assumptions, calculations and into the proposed costs indicated on the Rate Bid Forms. OECM AODA Related Services RFP Page 6 of 49

7 By submitting a Proposal, a Proponent is agreeing to all of the requirements of this RFP. OECM and its Clients will be responsible for the implementation and use of the Services under the MSA. The Agreement will be signed on or around January 2014, and no obligation on the part of OECM or its Clients to purchase Services shall arise until such time as the Agreement is executed. 1.9 The Multi-Supplier Arrangement Process The establishment and use of the MSA consists of a two (2) part process. Part One RFP: Through this RFP process, a list of pre-qualified Suppliers will be selected to form the MSA. Resulting Preferred Proponents will sign Agreements with OECM, all of which shall be managed by OECM. Part Two Requirements Stage (or the second-stage selection process) is managed by the Clients and is focused on the specific needs of each Client. In issuing part two, the Clients seek proposal responses from Suppliers on identified Service requirements. Clients will be able to acquire the Services offered by a Supplier, which was selected under part one of the MSA process. The Preferred Proponents will, under part one, be listed on the MSA and may be chosen by Clients to respond to a Requests Form ( RF ) during the second-stage selection process. The RF will be ed directly to the Supplier s representative, and it should be completed and returned within a maximum of five (5) Business Days of issuance at no cost to the Clients. If chosen by the Client at the conclusion of the evaluation of the second-stage selection process, the successful Supplier and the Client shall sign the issued RF. If this is the first engagement between Clients and the Supplier a CSA must be executed. The successful Supplier shall provide the Services in accordance with the specifications stated in the Agreement and such Assignment requirements specified in the RF. Part One Part two RFP process. Client issues an RF for a specific Assignment and sends it to more than one (1) Supplier from the MSA. The Preferred Proponents will form the Multi-Supplier Arrangement. The Suppliers respond to the RF. The Client evaluates the responses received from the Suppliers. The Client and Supplier execute a CSA, if first engagement. The Client and Supplier sign the RF prior to starting the Assignement OECM AODA Related Services RFP Page 7 of 49

8 1.10 Proponent Consortium Information Where a consortium is responding to this RFP, the following shall apply: 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 Collaborative Procurement Activity The provincial government promotes cooperative procurement initiatives by public sector agencies in Ontario. It is intended that Clients, who may have an interest shall have the option to consider participation in any resulting Agreements No Guarantee of Volume of Work or Exclusivity of Agreement The information contained in the RFP constitutes an estimate and is supplied solely as a guideline to Proponents. 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 Proponents from forming their own opinions and conclusions with respect to the matters addressed in this RFP. Quantities described are estimates only and may not be relied on by the Proponents. The Agreement executed with the Supplier will not be an exclusive Agreement for the provision of the Deliverables. OECM Clients may contract with others for the same or similar Deliverables to those described in this RFP Rules of Interpretation 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. Words in the RFP shall bear their natural meaning. 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. Unless otherwise indicated, time periods will be strictly applied. The following terminology applies in the RFP: o o Whenever the terms must or shall are used in relation to OECM or the Proponents, 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. The term will describes a procedure that is intended to be followed. OECM AODA Related Services RFP Page 8 of 49

9 1.14 Definitions 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; Integrated Accessibility Standards Regulation means the information and communication, the employment and transportation standards that have been combined under one (1) regulation and phased between 2011 and 2021; Agreement means the agreement to be made between the Preferred Proponents and SLC 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 SLC and the Supplier(s); AODA Standards means the standards that businesses and organizations in Ontario need to follow to identify, remove and prevent barriers. The standards are customer service, information and communications, employment, transportation and, built environment. Please see for more information. 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; Assignment means a specific body of work to be completed pursuant to a specific Statement of Work ( SOW ) for a Client; 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, Please see for more details of these organizations; Business Day means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Family Day; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day which OECM or a Client has elected to be closed for business; Business Hour means 8:00am to 5:00pm local time in Toronto, Ontario, Canada of any Business Day; Ceiling Rates means the Rate proposed 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 personnel in one (1) calendar day for the Term of the Agreement. The Ceiling 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 Ceiling Rate at any time by an amendment to this Master Agreement; Client mean publicly assisted Ontario School Boards, Colleges of Applied Arts and Technology (CAAT) and Universities and potentially other Broader Public Sector organizations that may purchase the Deliverables under the resulting Agreement; Client Supplier Agreement or CSA means a schedule attached to the Agreement, which is executed between Clients and the Supplier for the provision of the Deliverables in this RFP, on the CSA Clients may specify the Deliverables required, along with any additional terms and conditions contained therein (e.g. Client s business hours, payment terms, reporting, security clearance checks); Confidential Information means confidential information of OECM and or any Client (other than confidential information which is disclosed to the Preferred Proponents in the normal course of the RFP) OECM AODA Related Services RFP Page 9 of 49

10 where the confidential information is relevant to the Deliverables required by the RFP, its pricing or the RFP 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 OECMs 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 an Agreement subsequent to this RFP. Once CSAs have been executed, this fee must be remitted by the Supplier to OECM on a quarterly basis as set out in Section Deadline for Issuing Final Addenda means the date and time as set out in Section of this RFP and may be amended from time to time in accordance with the terms of this RFP; Deliverables means a Service to be delivered as specified in this RFP; Eligible Proposal means a Proposal that meets or exceeds the prescribed requirement, proceeding to the next stage of evaluation; 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; MFIPPA means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56, as amended; Multi-Supplier or Supplier means a Preferred Proponent selected by OECM in accordance with this RFP, which has entered into an Agreement pursuant to this RFP; Multi-Suppliers Arrangement or Arrangement or MSA means a contractual arrangement with successful Suppliers for Services selected by Clients in accordance with this RFP, and that have signed an Agreement including terms and conditions, service descriptions and Ceiling Rates; OECM means the Ontario Education Collaborative Marketplace; Personal Information or PI is defined in the Agreement; 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; Proposal means all of the documentation and information submitted by a Proponent in response to the RFP; Proposal Submission Deadline means the Proposal submission date and time as set out in Section and may be amended from time to time in accordance with the terms of this RFP; Province means the Province of Ontario; Rate Bid Form means the form contained in Appendix C of this RFP; Request for Proposals or RFP means this Request for Proposals number # issued by OECM for the purchase of AODA Related Services, including all appendices, amendments and addenda thereto; RFP Coordinator means the individual identified in Section 4.2.1; OECM AODA Related Services RFP Page 10 of 49

11 Requests Form or RF means the document issued at the second-stage selection process; Services means the services intended to be procured pursuant to this RFP; Subcontractor includes the Supplier s subcontractors or third party service providers or their respective directors, officers, agents, employees or independent contractors, who shall fall within the meaning of Supplier for the purposes of the Agreement; Supplier means a Preferred Proponent who has assumed full liability and responsibility for the provision of Deliverables pursuant to the Agreement either as a single Supplier or a lead Supplier engaging other suppliers or Subcontractors; Term has the meaning set out in Section 1.5 of this RFP; 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 or its Clients 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; Zone means the OECM geographical boundaries within the Province of Ontario as identified in Appendix H. [End of Part 1] OECM AODA Related Services RFP Page 11 of 49

12 PART 2 - THE DELIVERABLES 2.1 Description of Services OECM invites Proponents to submit Proposals to provide Services which meet or exceed the requirements set out in this RFP. The Services are set out in the following three (3) Service categories: Category RFP Section Category A: Audit Section 2.2 Category B: Compliance Advisory Section 2.3 Category C: Training Section 2.4 Proponents can submit Proposal for one (1), two (2), or all three (3) Service categories. Proponents who are unable to provide all listed services under a Service category are encouraged to form consortium with a credible network of professional colleagues to participate in this RFP. General Requirements set out from Section 2.5 to Section 2.15 are applicable to each and every Service category. Where a Proponent is submitting a Proposal for category A Audit Services, that Proponent must read and understand the Deliverables set out in Section 2.2 and from Section 2.5 through to Section Likewise, if a Proponent is submitting a Proposal on all three (3) Service categories, that Proponent must read and understand all Sections in Part 2 of this RFP. All Service categories must be provided on the five (5) AODA standards as follow: Customer service; Communication and information; Transportation; Employment; and Built environment. The Supplier shall provide Services for all Service categories that cover the above AODA standards and any other related legislation the standards may be impacted (i.e. Human Rights Code, Public Space, etc.). The AODA legislation may evolve over time, the Supplier must advise Clients prior to when the changes occur and deliver the appropriate Services in response to such changes. When the MSA is established, Clients will be able to acquire the Services offered by a Supplier for any or all Services for which the Supplier was selected through this RFP process, according to their specific requirements. For instance, if a Proponent becomes a successful Supplier for category A audit, that Supplier will only provide Services related to this Service category. During the second-stage selection process, Clients should specify their requirements and environment to enable the Suppliers to respond to the RF issued by Clients. From time to time, Clients may contract directly with Suppliers without issuing an RF. A Supplier may respond to an RF outside of its awarded Zone and if all terms and conditions (i.e. travel costs) are mutually agreed upon, will be permissible under the Agreement. OECM AODA Related Services RFP Page 12 of 49

13 2.2 Category A: Audit The Supplier shall evaluate the Clients environments and compliance as it relates to AODA, through audits. Supplier shall provide audit Services to Clients at least on the following: AODA standards: o Customer service; o Communication and information; o Transportation; o Employment; and o Built environment, including public space. The Supplier shall assess the standards integration when performing the audit. The Clients will provide necessary information and or document to the Supplier prior to when the Service is required. The Supplier may use an innovative tool to perform the audit such as software applications. The Supplier shall provide the Client with a complete report which highlights the findings of the audit; the reports should at least include the following: The duration of the audit; Audit purpose (e.g. audit on the communication and information); Current environment; Level of compliance; and A proposed action plan. The Supplier shall be flexible and accommodate Clients varying reporting and formatting requirements of the resulting audit results. Clients shall own any material developed as a result of this Service and shall have the right to reproduce and use the audit material for internal usage only. The Supplier should provide Clients with other AODA audit Services as mutually agreed upon between the Clients and Supplier. 2.3 Category B: Compliance advisory The Supplier shall provide compliance advisory Services to Clients at least on the following: AODA standards: o Customer service; o Communication and information; o Transportation; o Employment; and o Built environment, including public space. The Supplier shall provide Clients with professional and expert advice on AODA as it relates to the compliance. The Supplier shall have subject matter experts on staff with proven experience in AODA. Advisory and consulting Services should at the minimum cover the following: Identify and create policies and procedures; Create and or implement multi-year plans; Develop strategy; Create and develop compliance reporting; Review policies and guidelines; Create additional tools and resources (i.e. guidebooks on compliance); and AODA consultant. (I.e. someone who is employed externally whose expertise is provided on a temporary basis.) (E.g. part-time / full time consultant). OECM AODA Related Services RFP Page 13 of 49

14 Clients may require additional Services such as but not limited to: Accessible format conversion of documents services (accessible to all Clients within the Province of Ontario); and Ongoing support (i.e. hotline); Clients shall own any material developed as a result of this Service and shall have the right to reproduce and use the advisory material for internal usage only. Clients may have various requirements; the Supplier shall be flexible and accommodate the Client s needs. 2.4 Category C: Training The Supplier shall provide Clients with an extensive range of training related to AODA and shall at a minimum focus on the following categories: Customer service; Communication and information; Transportation; Employment; and Built environment, including public space. The training format, needs and requirements may vary from a Client to another, but the Supplier must at a minimum offer the following types of trainings: Train the trainer; E-learning and or web based trainings and tools; In-person trainings; and / or Executive trainings. Clients may request the Supplier to provide training material such as a handbook or training presentation to support the training session or for the Clients to have reference. Clients shall own any material developed as a result of this Service and shall have the right to reproduce and use the training material for internal usage only. The proposed trainings should utilize the Provincial integrated accessibility Standards regulation training module or approved equivalent, including approved training module for applicable Human Rights Legislation training. 2.5 Second-Stage Selection Process & Rates Second-Stage Selection Process All Assignments to be completed under the MSA will result from a second-stage selection process. The second-stage selection process involves the issuance of a RF by the Client to a number of Suppliers describing the requirements of a specific Assignment, including the required timeframe to respond, and requesting the Supplier to propose appropriate personnel and action plan to provide the Services. The number of Suppliers invited to bid on an Assignment is determined by the Clients. Only Suppliers on the MSA may be notified of Assignments and issued the RF. These Suppliers will be eligible to respond to an RF. If a Supplier responds to an RF, it will do so at no charge to the Client. The RF may identify the Services to be quoted by the Supplier or may request the Supplier to propose appropriate Services based on the Client environment. Suppliers will respond to the RF with submissions that are then evaluated by the Client, who will select the most suitable Supplier(s) based on requirements. More than one (1) Supplier may be chosen to provide Services for a specific request. OECM AODA Related Services RFP Page 14 of 49

15 2.5.2 Rates Following the approval of an RF submission, and the approval of the Supplier s certificate of insurance by the Client, a SOW and CSA are prepared. The Supplier and Client must sign the RF and CSA before any Assignment work begins. If the Proponent is successful under this RFP, the Ceiling Rate proposed for each Service category 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) hour, which shall not exceed the applicable Ceiling Rate. See the definition of Ceiling Rates set out in Section However, a Ceiling Rate may be lowered when the Supplier responses to an RF and gains a better understanding of the specific Assignment requirements, as described in Section below. The Rate set out in a RF shall not exceed the Ceiling Rate. The Supplier may review the description of a proposed Assignment for the purpose of the Supplier providing an estimate. The estimate of the number of days required, multiplied by the applicable Rate charged by the Supplier, when extended, will become the Ceiling Price billable to a Client for completing the Assignment. If the request requires less than the estimated number of days to complete, the actual cost of the Assignment will be less than the estimated Ceiling Price. The amount paid under the SOW may be less than the Ceiling Price but in no circumstances can it be more than the Ceiling Price. The applicable Rate multiplied by the number of estimated hours required would be the maximum cost for that Assignment Reduced Rates at the Second-Stage Selection Process During a second-stage selection process initiated by a Client, a Supplier may choose to bid (in response to an RF) a Rate for a request that is lower than the applicable Ceiling Rate shown on the MSA. The reduced Rate will be in effect only for the specific Assignment being bid on the RF (i.e. the Supplier will not be obligated to extend the reduced Rate to any other Assignment or Client) Lowered Rates for the Agreement At any time during the Term of the Agreement, the Supplier may choose to lower any Ceiling Rate listed in the Agreement between the Supplier and Client by way of an amendment document. 2.6 Taxes and Travel Expenses The Ceiling 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 Ceiling 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, which must be followed by the Supplier, as may be amended from time to time. Suppliers may obtain applicable rates from the Client at the time an RF is issued. All such pre-approved costs, where applicable, must be itemized separately on invoices. Original receipts should be retained and submitted along with the final invoice, as Clients may request. Clients are not responsible for any meal, hospitality, or incidental expenses incurred by the Supplier, whether incurred while travelling or otherwise. OECM AODA Related Services RFP Page 15 of 49

16 2.7 Permits, Licenses, and Approvals 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. 2.8 Personnel Upon request, the Supplier should submit information related to the qualifications and experience of its personnel who will be assigned to provide the Services, which may include resumes, documentation of accreditation, and / or letters of reference. See Section before submitting any such personal information. Clients may request the Suppliers to provide these information prior to when the Services are required. In the event of an assigned personnel changes, the Supplier must receive the Clients approval prior to when the new assigned personnel changes. 2.9 Invoicing Clients require flexibility in invoicing and payment processes. Supplier shall submit invoices, either a paper or electronic format, per Service. The invoice shall contain, at minimum, the following: Client purchase order number (if applicable) and order date. Service description. RF reference number. Per Diem Rate. Total cost. HST must be itemized separately. Name of personnel, if applicable. Note Clients payment terms will not be in effect until Supplier provides an accurate invoice Payment Terms The Client s standard payment terms are net thirty (30) days. Different payment terms may be agreed upon when executing CSAs Retainer Clients may pay the Supplier a single advance payment or a recurring (e.g. monthly) payment for the provision of recurrent or sporadic Services. Clients shall state the request for this type of arrangement in the RF and the Supplier may respond and participate in such arrangement Management Support The Supplier will be responsible for providing the following customer support and contract management services for the Term of the Agreement Customer Support to Clients The Supplier shall provide effective customer support to all Clients across the Province of Ontario including, but not limited to: OECM AODA Related Services RFP Page 16 of 49

17 The provision of a dedicated team of resources (including account managers) available to handle questions and resolve any issues that may arise throughout the Term of the Agreement. Responsive, customer focused services with capacity to manage large and small Clients across Ontario. Help desk support via a toll free telephone number. A variety of ordering options (including online). Reporting, as required Agreement Management with OECM The Supplier will provide appropriate agreement management support including, but not limited to: Working and acting in an ethical manner demonstrating integrity, professionalism, accountability, transparency, and continuous improvement, including respecting the Clients mandatory requirement to fulfill their supply chain code of ethics as set out in the BPS Procurement Directive. Monitoring price, quality, and service. Carry out and provide results from a Client satisfaction survey Reporting The Supplier shall provide OECM and Clients with monthly reports relating to the provision and support of the Services (e.g. spend reports, purchasing history, range of Services ordered, etc.). The Supplier shall report to OECM on the following: RF received; RF response and proposed Rates; and Invoices on Services provided Clients may require other reporting. The details of which will be set out in the CSA and the RF Satisfaction Surveys At the end of each Assignment, the Supplier shall send a satisfaction survey to Clients. This survey should be focused on, but not limited to the following: Customer support; RF processing; Overall quality of work; Response time; and Service quality. The Supplier shall send a summarized report of the surveys to OECM, on a quarterly basis Accessibility for Ontarians with Disabilities Act 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. OECM AODA Related Services RFP Page 17 of 49

18 In accordance with Ontario Regulation 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 Pricing Methodology The proposed Rates shall be firm for the first three (3) years of the Agreement unless they are reduced as stated in Section Optional Pricing Refresh OECM or the Supplier may request a pricing review at the first and or second optional extension periods, if exercised. Either party shall request a price review by providing a written notice ninety (90) days prior to the annual anniversary date of the Agreement. Any such request from a Supplier for a pricing refresh must be accompanied by appropriate documentation. As part of any review OECM will consider pricing 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 review. Performance received under the Agreement will be considered when contemplating a pricing refresh. During the pricing refresh process OECM or the Supplier may also adjust the language list and / or the other related Services requirements. If a proposed price increase is not accepted by OECM, the Agreement extension will not be exercised. If a price review is not requested the prices will remain the same for the next year of the Agreement. Decreases to any Rate shall be accepted at any time during the Term of the Agreement. Agreements will be amended accordingly, if necessary Saving Calculation OECM tracks and validates savings on all its agreements. Once OECM receives the Clients approval, the Supplier will provide OECM with Clients base line information if applicable (e.g. historical spend). The Suppliers shall provide OECM with copies of the Request Forms responses sent to Clients during the second stage process for the purpose of savings tracking OECM Cost Recovery Fee OECM will collect a quarterly Cost Recovery Fee ( CRF ), of three percent (3%), from the resulting MSA from this RFP. The Supplier shall pay to OECM the above CRF, calculated on the after tax amount invoiced by the Supplier to the Client for Services provided during the Term of the Agreement. For instance, from January 1, 2014 to March 31, 2014 a Supplier responded to three (3) RFs and successfully won all Assignments. The Supplier invoiced a Client five-thousand dollars ($5,000) for ten (10) audit Services days, another Client eight-hundred dollars ($800) for two (2) training days and another Client three-thousand dollars ($3,000) for five (5) advisory days. In total the Supplier realized eight-thousand-eight- OECM AODA Related Services RFP Page 18 of 49

19 hundred dollars ($8,800) revenue through the MSA. On April 1, 2014 the Supplier will issue a cheque of twohundred-sixty-four dollars ($264), representing three percent (3%) of the revenue generated, to OECM. Detailed reporting requirements are set out in the Agreement. [End of Part 2] OECM AODA Related Services RFP Page 19 of 49

20 3.1 Stages of Proposal Evaluation PART 3 - EVALUATION OF PROPOSALS OECM will conduct the evaluation of Proposals in the following five (5) stages: Stages Stage I Stage II Stage III Stage IV Stage V Evaluation Mandatory Requirements Rated Requirements Pricing Cumulative Score Tie Break 3.2 Evaluation Point Allocation The following table is a summary of the point allocation for the evaluation of this RFP: Stages Evaluation Maximum Points Minimum Threshold Requirement Stage I Mandatory Requirements Pass Pass Stage II Rated Requirements 75 Refer to Section Stage III Pricing Please refer to Appendix E where rated requirements are set out. 3.3 Stage I Review of Mandatory Requirements (Pass/Fail) 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: Appendix Appendix B Appendix C Appendix F Title of Appendix Form of Offer Rate Bid Form Consortium Information, if applicable 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 Form of Offer - Appendix B (Mandatory Form) Each Proposal must include a Form of Offer (Appendix B) completed and signed by the Proponent. OECM AODA Related Services RFP Page 20 of 49

21 (a) Conflict of Interest 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. (c) Proof of Insurance 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 Rate Bid Form Appendix C (Mandatory Form) 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 prices shall be provided in Canadian funds and shall include all applicable customs duties, tariffs, overhead, materials, fuel, office support, profit, permits, licenses, labour, carriage, insurance, Workplace Safety Insurance Board costs, travel, and warranties, and further shall not be subject to adjustment for fluctuation in foreign exchange rates; All prices shall be quoted exclusive of the HST or other similar taxes, each of which, if applicable, should be stated separately; All prices quoted shall remain firm for the Term of the Agreement; In the event of any discrepancy in the pricing within a Proposal, the lowest unit price 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 Consortium Information Appendix F (Mandatory Form, if applicable) Each Proposal must include a completed and signed Consortium Information (Appendix F) if applicable to the Proponent. OECM AODA Related Services RFP Page 21 of 49

22 3.4 Stage II Rated Requirements Stage II will consist of an evaluation and scoring of each eligible Proposal on the basis of rated requirements. A separate evaluation and scoring will be conducted for each Service category. The maximum points allocated for each category in stage II is 75 points. A minimum threshold, as set out in Section of this RFP, 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 awarded points 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 Rated Requirements (75 points) The response to each rated requirement in Appendix E should: Be complete (bullet point format is acceptable); Concise, factual; and Exhibit the Proponents understanding of business needs by providing answers demonstrating its capabilities. OECM AODA Related Services RFP Page 22 of 49

23 The following is an overview of the point allocation and minimum score requirements for the Category A rated requirements of this RFP (N/A denotes not applicable): CATEGORY A Audit - Rated Requirement Components Available Points Minimum Score Required Proponent s experience and qualification N/A Customer support and contract management 7.00 N/A Customer service standard 7.00 N/A Communication and Information standard 8.00 N/A Transportation standard 7.00 N/A Employment standard 7.00 N/A Built environment standard & public space 7.00 N/A TOTAL POINTS points points The following is an overview of the point allocation and minimum score requirements for the Category B rated requirements of this RFP (N/A denotes not applicable): CATEGORY B Compliance Advisory - Rated Requirement Components Available Points Minimum Score Required Proponent s experience and qualification N/A Customer support and contract management 7.00 N/A Policy development N/A Multi-year plans N/A Compliance reporting N/A Consultant N/A TOTAL POINTS points points The following is an overview of the point allocation and minimum score requirements for the Category C rated requirements of this RFP (N/A denotes not applicable): CATEGORY C Training - Rated Requirement Components Available Points Minimum Score Required Proponent s experience and qualification N/A Customer support and contract management 7.00 N/A Train the trainer N/A Web based training N/A In-person training N/A Executive training N/A TOTAL POINTS points points 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. OECM AODA Related Services RFP Page 23 of 49

24 3.5 Stage III Pricing (25 points) A Proponent must include the Rate Bid Form in a separate package (package two) in its submission Proposal, completed according to the instructions contained in the form. A separate evaluation and scoring will be conducted for each Service category. The maximum points allocated for each category in Stage III is 25 points. This stage will consist of an evaluation and scoring of pricing submitted by Proponents as set out in Appendix C. Only at the completion of all rated requirements for all Eligible Proposals will the package containing Appendix C Rate Bid Form be opened. Stage III will consist of an evaluation of the Ceiling Rates submitted. The proposed Ceiling Rate will be evaluated separately using a relative formula. Each Ceiling Rate will be evaluated based on the relationship of that Ceiling Rate to the other Ceiling Rates submitted by Proponents. The Proponent is required to follow instructions to complete the Rate Bid Form and submit the Rate Bid Form in the requested format only Method of Evaluation Each Ceiling Rate will be evaluated based on the relationship of the Proponent s proposed Ceiling Rate compared to other Proponent s proposed Ceiling Rates for each component of the Rate Bid Form. Points for each component in each Service category will be calculated using a relative formula as shown below: EXAMPLE For Category A Proposed Maximum per diem Rate for audit on transportation standard Proposed Prices Calculation Resulting Points If Proponent 1 proposes the lowest Ceiling Rate of $25.00, that Proponent will receive 100% of $25.00 $25.00 x the four (4) points available. If Proponent 2 proposes a Ceiling Rate of $28.50, that Proponent will receive 87.71% of the $25.00 $28.50 x four (4) points available. If Proponent 3 proposes a Ceiling Rate of $31.00, that Proponent will receive 80.64% of the four (4) points available. $25.00 $31.00 x The above calculation will occur for all components for each Service category. 3.6 Stage IV Cumulative Score At the conclusion of Stage III, the five (5) highest scoring Eligible Proponents will become, subject to the express and implied rights of OECM, the Preferred Proponents are invited to enter into discussions to finalize the terms of the Agreement, attached in Appendix A. Reference checks will be performed to confirm or clarify information provided in the Proposal. The reference checks themselves will not be scored, however OECM may adjust rated requirements scoring related to the information obtained during the reference check. OECM AODA Related Services RFP Page 24 of 49

25 3.7 Stage V - Tie Break 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 II Rated Requirements as the Preferred Proponent. 3.8 Discussions with Preferred Proponent Subject to the requirements of this Section, OECM expects that the Agreement will be executed substantially in the form in which it appears in this RFP. The Preferred Proponent will have up to fifteen (15) days after being notified of the award to sign the Agreement. OECM shall at all times be entitled to exercise its rights under Section 4.6. 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. [End of Part 3] OECM AODA Related Services RFP Page 25 of 49

26 PART 4 - TERMS AND CONDITIONS OF THE RFP PROCESS 4.1 General Information and Instructions RFP Timetable The following is a summary of the key dates for this RFP process: RFP Timetable Event Date Issue Date of RFP: October 15, 2013 Proponent Information Session: 11:00:00am on October 18, 2013 Proponent Deadline for Questions: 2:00:00pm on October 22, 2013 Deadline for Issuing Addenda: October 25, 2013 Proponent Deadline for Questions Pertaining to Issued Addenda only: 2:00:00pm on October 29, 2013 Deadline for Issuing Final Addenda: October 31, 2013 Proposal Submission Deadline: 2:00:00pm on November 19, 2013 Anticipated Agreement Start Date: January 2014 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 Proponent Information Session Proponents may, but are not required to, attend the Proponent Information Session, which will take place at the time set out in Section Proponents wishing to attend should register, noting its full legal name and the names of the representatives by ing the RFP Coordinator prior to 9:00am on October 18, Access to the teleconference and any applicable information will be ed 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 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. OECM AODA Related Services RFP Page 26 of 49

27 4.1.2 Proponents to Follow Instructions 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 Proposals in English 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 s Information in RFP Only an Estimate 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 Proponent s Costs 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 preparation, presentation, and submission of its Proposal; 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 Any discussion and or finalization, if any, in respect of the Agreement. 4.2 Communication after RFP Issuance RFP Coordinator Contact Information All communications regarding any aspect of this RFP must be ed to the following RFP Coordinator: Name: Title: Agnes Tijet Strategic Sourcing Manager agnes.tijet@oecm.ca 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 employee or agent of OECM (other than the RFP Coordinator); Any member of OECM s governing body (such as Board of Governors, Board of Directors, or advisors); Any employee, consultant, or agent of Clients; Any member of Clients (such as Board of Governors, Board of Directors, or advisors); and OECM AODA Related Services RFP Page 27 of 49

28 Any elected official of any level of government, including any advisor to any elected official Proponents to Review RFP Proponents shall promptly examine this RFP and all Appendices, including the Agreement and: Shall report any errors, omissions, or ambiguities; 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 has entered into the RFP Coordinators 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: Edit the question for clarity; Exclude questions that are either unclear or inappropriate; and Answer similar questions from various Proponents only once. 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 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 Proponent to Notify In the event a Proponent has any reason to believe that any of the circumstances listed in Section 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. Proponents shall not: After submission of a Proposal, claim that there was any misunderstanding or that any of the circumstances set out in Section were present with respect to the RFP; and Claim that OECM is responsible for any of the circumstances listed in Section of this RFP All New Information to Proponents by way of Addenda 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. OECM AODA Related Services RFP Page 28 of 49

29 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 shall confirm its receipt of all addenda by setting out the number of addenda 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 Proposal Submission Requirements 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: Ontario Education Collaborative Marketplace 90 Eglinton Avenue East, Suite 504 Toronto, Ontario, Canada M4P 2Y3 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 Proposal Submission Requirements 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 must include: A completed and signed Appendix B - Form of Offer; A completed and signed Appendix F Consortium Information (if applicable); and A completed Appendix G Zone Coverage Package 1 should include: The entire Proposal and other (non-mandatory) information such as a completed Appendix D Reference Form, and Appendix E Rated Requirements, but no pricing information. Package 2 must include: OECM AODA Related Services RFP Page 29 of 49

30 A completed Appendix C Rate Bid Form. The following table sets out the required number of documents per package: Requirements Submit the following quantities in each Package: Package 1 Proposal Package 2 Rate Bid Form Original (bound) 1 1 Photocopies (bound) 4 1 Photocopy (unbound) 1 0 Electronic copy (searchable and not locked) 1 1 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. Proposals submitted in any other manner may be subject to disqualification Other Proposal Considerations In preparing its Proposal, the Proponent should adhere to the following: All pages should be numbered; 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; Adhere to the Proposal format requirements described herein; and Respond to the requirements in the applicable Appendices, or as may be directed in this RFP Proposal Receipt by OECM Every Proposal received will be date/time stamped at the location referred to in Section 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. OECM AODA Related Services RFP Page 30 of 49

31 4.3.5 Withdrawal of Proposal 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. OECM has no obligation to return withdrawn Proposals Amendment of Proposal 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. OECM has no obligation to return amended Proposals Completeness of Proposal 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 Proposals Retained by OECM All Proposals submitted by the Proposal Submission Deadline shall become the property of OECM and will not be returned to the Proponents Proposal Irrevocability 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 Acceptance of RFP 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 Amendments to RFP Subject to Section 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 Proposals will not be Opened Publicly 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 Clarification of Proposals 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. OECM AODA Related Services RFP Page 31 of 49

32 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. OECM shall not be obliged to seek clarification of any aspect of any Proposal Verification of Information OECM shall have the right, in its sole discretion, to: 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 Proposal Acceptance 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 RFP Incorporated into Proposal All provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each Proposal Exclusivity of Contract The Agreement, if any, executed with the Preferred Proponent will not be an exclusive agreement for the provision of the described Deliverables Substantial Compliance OECM shall be required to reject Proposals, which are not substantially compliant with this RFP No Publicity or Promotion 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 AODA Related Services RFP Page 32 of 49

33 4.4 Execution of Agreement, Notification and Debriefing Selection of Proponent 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 from the RFP Coordinator. The Preferred Proponent shall execute the Agreement in the form attached as Appendix A to this RFP and satisfy any other applicable conditions of this RFP within fifteen (15) Days of notice of selection. This provision is solely to the benefit of OECM and may be waived by OECM at its sole discretion. 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 of the RFP Failure to Enter Into Agreement 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 Notification to Other Proponents of Outcome of RFP Process Once the Supplier and OECM execute the Agreement, the other Proponents will be notified in writing by of the outcome of the RFP process, including the name of the Supplier, and the award of the Agreement Debriefing The RFP Coordinator will invite Proponents to attend a debriefing from OECM after award notification. OECM will not disclose submission information from other Proponents. 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 Bid Dispute Resolution 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 protest in writing shall include the following: 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; A precise statement of the relevant facts; An identification of the issues to be resolved; The Proponent s arguments and supporting documentation; and OECM AODA Related Services RFP Page 33 of 49

34 The Proponent s requested remedy. For the purpose of a protest, OECM will review and address any protest in a timely and appropriate manner. 4.5 Prohibited Communications, Confidential Information and FIPPA Confidential Information of OECM 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: Remains the property of OECM and shall be removed from OECM s premises only with the prior written consent of OECM; 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 Must be returned to OECM upon request Confidential Information of the Proponent 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 Proponent s Submission 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 Personal Information Personal Information shall be treated as follows: 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 OECM AODA Related Services RFP Page 34 of 49

35 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 Non-Disclosure Agreement OECM reserves the right to require any Proponent to enter into a non-disclosure agreement satisfactory to OECM Freedom of Information and Protection of Privacy Act 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. The confidentiality of such information will be maintained by OECM, except as otherwise required by law or by order of a court, tribunal, or the Ontario Privacy Commissioner. 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 Competition Act Under Canadian law, a Proposal must be prepared without conspiracy, collusion, or fraud. For more information, refer to the Competition Bureau website at and in particular, part VI of the Competition Act, R.S.C. 1985, c. C Trade Agreements 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 or to the Trade and Cooperation Agreement between Quebec and Ontario at Ontario%20Trade%20and%20Cooperation%20Agreement%20English.pdf Intellectual Property 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 Reserved Rights and Governing Law of OECM General In addition to any other express rights or any other rights, which may be, implied in the circumstances, OECM reserves the right to: Make public the names of any or all Proponents; 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 AODA Related Services RFP Page 35 of 49

36 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 ; Check references other than those provided by the Proponent; 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, or the Proponent reveals a Conflict of Interest or Unfair Advantage in its Proposal or a Conflict of Interest or evidence of any Unfair Advantage is brought to the attention of 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; Accept or reject a Proposal if only one (1) Proposal is submitted; Reject personnel and or a Subcontractor proposed by a Proponent; 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 o o o o OECM determines it would be in the best interest of OECM not to award an Agreement, the Proposal prices exceed the bid prices received by OECM for Services acquired of a similar nature and previously done work, 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, the Proposal prices exceed the funds available for the Services, or 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 OECM AODA Related Services RFP Page 36 of 49

37 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 Rights of OECM Preferred Proponent 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. OECM may also cancel this RFP in the event the Preferred Proponent fails to obtain any of the permits, licences, and approvals required pursuant to this RFP No Liability The Proponent agrees that: 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 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 Entire RFP This RFP and all Appendices form an integral part of this RFP. OECM AODA Related Services RFP Page 37 of 49

38 4.6.6 Priority of Documents 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 Governing Law 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] OECM AODA Related Services RFP Page 38 of 49

39 APPENDIX A FORM OF AGREEMENT The Form of Agreement is posted as a separate PDF file. OECM AODA Related Services RFP Page 39 of 49

40 APPENDIX B FORM OF OFFER The submission of this Form of Offer is a mandatory requirement of this RFP. Complete the Form of Offer as set out below: Thoroughly review Form of Offer Complete tables in sections # 6, 7 and 8. Insert names of Proponent representative & witness; sign & date in #9. Insert completed Form of Offer as part of Package 1 Proposal 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: Ontario Education Collaborative Marketplace From: [Insert Proponent Name] 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 October 15, 2013, 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. 2. Prices 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. 5. Proof of Insurance and Good Standing under the Workplace Safety and Insurance Act (Ontario) OECM AODA Related Services RFP Page 40 of 49

41 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. Addenda and Questions/Answers 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. Addenda and Question/Answers The number of addenda posted = The number of question/answer documents posted = The Proponent is deemed to have read the following: [Enter the number of addenda received, if any.] [Enter the number of question/answer documents received, if any.] 7. Unfair Advantage and Conflict of Interest Statement 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. Conflict of Interest 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 actual or potential Unfair Advantage or Conflict of Interest in performing the contractual obligations contemplated in the RFP? Response Yes No [If yes, please enter details here.] 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. 8. Proponent Information Insert the required information in the table below. Information Required Full legal name of the Proponent is: Any other relevant name under which the Proponent carries on business is: Response [Enter response here.] [Enter response here.] The jurisdiction under which the Proponent is governed is: [Enter response here.] OECM AODA Related Services RFP Page 41 of 49

42 Information Required Response The name, address, telephone and fax numbers, and address of the Proponent s contact person are: [Enter response here.] [Enter response here.] individual consortium* The Proponent s business model: partnership corporation sole proprietorship *If the Proponent is a consortium, Appendix F must be completed, signed, and submitted with the Proponent s Proposal. 9. Execution of Agreement 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. Witness: Proponent s Representative: Signature: Signature: Printed Name: Printed Name: Date: Date: I have the authority to bind the Proponent. BEFORE submitting a Proposal, ensure this Form of Offer has been completed fully and signed by the witness and the Proponent s Representative. Refer to Part 3 of the RFP for details. OECM AODA Related Services RFP Page 42 of 49

43 APPENDIX C RATE BID FORM Appendix C is attached as a separate Microsoft Excel file. OECM AODA Related Services RFP Page 43 of 49

44 APPENDIX D REFERENCE FORM Each Proponent is required to provide three (3) references from organizations which the Proponent has provided the same or similar Deliverables, for all categories 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. Company name: Company address: Contact name: Contact telephone number: Contact address: Reference #1 Date work undertaken: From: To: Nature of services: Reference #2 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: Reference #3 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: OECM AODA Related Services RFP Page 44 of 49

45 APPENDIX E RATED REQUIREMENTS Appendix E is attached as a separate Microsoft Excel file. OECM AODA Related Services RFP Page 45 of 49

46 APPENDIX F CONSORTIUM INFORMATION This Appendix must be completed, signed, and submitted with a Proponent s Proposal, if the Proposal is submitted by a consortium. Information Required Response Name of the legal entity that is liable and responsible to OECM for the provision of the Deliverables in this RFP (i.e. the Proponent). [Enter response here.] Describe the consortium members and what each will supply. [Enter response here.] Describe the contingency plan if a consortium member is no longer part of the consortium. [Enter response here.] Witness: Proponent Representative: Signature: Signature: Printed Name: Printed Name: Date: Date: I have the authority to bind the Proponent. OECM AODA Related Services RFP Page 46 of 49

47 APPENDIX G ZONE COVERAGE This Appendix should be completed and submitted with a Proponent s Proposal. By completing the Appendix G the Proponent must provide the Services to the Zone(s) specified below throughout the Term of the Agreement. Service Category Category A Audit Category B Compliance Advisory Category C - Training Zone covered Central East North East North West West Central East North East North West West Central East North East North West West OECM AODA Related Services RFP Page 47 of 49

48 APPENDIX H OECM GEOGRAPHICAL ZONES Clients supported by OECM sourcing initiatives are located in five (5) geographical Zones in the Province of Ontario, as set out below. Refer to Section 1.4 and Appendix H of the RFP for more details. County, District or Municipality (CDRS) CENTRAL EAST WEST Brantford County Frontenac County Bruce County Durham Region Leeds & Grenville County Chatham-Kent District Halton Region National Capital Region Essex County Hastings County Prescott and Russell, United Counties Grey County Kawartha Lakes District Renfrew County Huron County Niagara Region NORTH EAST Lambton County Northumberland County Algoma District Middlesex County Peel Region Cochrane District Perth County Peterborough County Nipissing District Prince Edward Region Sudbury Region Simcoe County Toronto Region Waterloo Region Wellington County York Region NORTH WEST Kenora District Rainy River District Thunder Bay District OECM AODA Related Services RFP Page 48 of 49