APPAREL AND RELATED SERVICES REQUEST FOR PROPOSALS

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1 APPAREL AND RELATED SERVICES REQUEST FOR PROPOSALS Issued by: OECM OECM Request for Proposals Number: # Request for Proposals Issued On: November 4, 2014 Proponent s Proposal Submission Deadline: 2:00:00pm on December 4, 2014 Local Time in Toronto, Ontario, Canada OECM shall not be obligated in any manner to any Proponent whatsoever until a written agreement has been duly executed with a Supplier. OECM RFP Coordinator Monga Zhu, Business Analyst (Monga.Zhu@oecm.ca) 90 Eglinton Avenue East, Suite 504, Toronto, Ontario, Canada, M4P 2Y3 OECM Apparel and Related Services RFP Page 1 of 57

2 TABLE OF CONTENTS PART 1 INTRODUCTION Invitation to Proponents Ontario Broader Public Sector Procurement Directive BPS Entities Overview of OECM OECM Geographical Zones School Board, College and University Zone Information Other BPS Clients OECM Client Advisory Group Objective of this RFP Type of Agreement for Deliverables Client-Supplier Agreements Proponent Consortium Information Historical Activities No Guarantee of Volume of Work or Exclusivity of Agreement Rules of Interpretation Definitions PART 2 - THE DELIVERABLES Description of Deliverables Category A Apparel and Uniforms Apparel Uniforms Colour Fabrics and Materials Logo Services Category B Sports Uniforms Colour Fabrics and Materials Logo Services Category C: Safety Footwear Canadian Standards Size Range Apparel and Uniforms Shoes Product Quality Brand Name Products Generic Brand Products Product Ordering, Delivery and Pick Up Product Lists Product Ordering Pick-Up Location Coupon Program Minimum Order Product Delivery Lead Time for In-Stock Products Lead Time for Special Order and Non-Stock Products Damaged or Defective Shipment Back Order Discontinued Products Inventory Services Product Samples Product Warranty Recall Products Related Services Additional Quantity Environmental Considerations Fair Labour Practices Transition and Implementation Optional Additional Products and Services Invoicing Payment Terms OECM Apparel and Related Services RFP Page 2 of 57

3 2.22 Agreement Management Support to OECM Account Management Support Customer Support Performance Management Reporting to OECM Reporting to Clients Disaster Recovery and Business Continuity Licenses, Right to Use and Approvals Accessibility for Ontarians with Disabilities Act Pricing Methodology Optional Pricing Refresh Catalogue Refresh Optional Quick Quote Process Saving Calculation OECM Cost Recovery Fee ( CRF ) PART 3 - EVALUATION OF PROPOSALS Stages of Proposal Evaluation 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) Stage II Rated Requirements (450 Points) Rated Requirements Evaluation Stage III Pricing (550 Points) (Manadtory Requirement) Pricing Evaluation Methodology Stage IV Cumulative Score Stage V - Tie Break Process Execution of Agreement with Preferred Proponent Agreement Launch and Marketing 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 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 OECM Apparel and Related Services RFP Page 3 of 57

4 4.4.1 Selection of Proponents Failure to Agree to Form of 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 B FORM OF OFFER APPENDIX C RATE BID FORM APPENDIX D REFERENCE FORM APPENDIX E RATED REQUIREMENTS APPENDIX F CONSORTIUM INFORMATION APPENDIX G OECM GEOGRAPHICAL ZONES APPENDIX H OECM S EDUCATION CLIENTS APPENDIX I OECM BPS CLIENTS APPENDIX J NOTICE OF NO PROPOSAL SUBMISSION OECM Apparel and Related Services RFP Page 4 of 57

5 PART 1 INTRODUCTION 1.1 Invitation to Proponents This Request for Proposals ( RFP ) is an invitation to prospective Proponents to submit Proposals for the provision of Apparel ( Products ) and Related Services ( Services ) on an as-and-when-required basis to support OECM Clients as further described in Part 2 The Deliverables (the Deliverables ) in the following three (3) Categories: Category A Apparel and Uniforms; Category B Sports Uniforms; and Category C - Safety Footwear. This RFP is issued by OECM. 1.2 Ontario Broader Public Sector Procurement Directive OECM Clients, as applicable, are obligated to adhere to the Ontario Broader Public Sector ( BPS ) Procurement Directive effective April 1, 2011 issued by the Ontario Management Board of Cabinet. The directive sets out rules for designated BPS entities on the purchase of goods and services using public funds. The purpose of the directive is: To ensure that goods and services, including construction, consulting services, and information technology are acquired by BPS entities through a process that is open, fair, and transparent; To outline responsibilities of BPS entities throughout each stage of the procurement process; and To ensure that procurement processes are managed consistently throughout the BPS. The directive applies to all School Boards, Colleges and Universities in Ontario; and The goal of the BPS supply chain code of ethics is to ensure an ethical, professional and accountable BPS supply chain in Ontario through: 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 BPS Entities BPS entities are public sector organizations defined under the Broader Public Sector Accountability Act, 2010 as follows: Every hospital; Every school board; Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements; Every approved agency designated as a children s aid society under subsection 15 (2) of Part I of the Child and Family Services Act; Every community care access corporation; Every corporation controlled by one or more designated broader public sector organizations that exists solely or primarily for the purpose of purchasing goods or services for the designated broader public sector organization or organizations; Every publicly funded organization that received public funds of 10 million dollars or more in the previous fiscal year of the Government of Ontario; and, OECM Apparel and Related Services RFP Page 5 of 57

6 Every organization that is prescribed for the purposes of this definition. 1.4 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 Ontario School Boards, Colleges and Universities as well as other BPS organizations. Working in collaboration with Clients, OECM: Establishes, promotes and manages non-mandatory agreements for services commonly used throughout their Client community; Supports Client s access and use of OECM agreements through analysis, reporting and the development of tools, guides, and other materials; Actively promotes adherence to the Ontario BPS Procurement Directive in all phases of the sourcing and agreement lifecycle; OECM currently has the following Clients using one (1) or more OECM agreements: Two-hundred and sixty-five (265) Clients in total; One-hundred and fourteen (114) School Boards, Colleges and Universities; and One-hundred and fifty-one (151) other BPS organizations. Participation in OECM agreements has been steadily growing as illustrated in the table below, clearly demonstrating that the education sector and other BPS organizations are achieving value and savings by using OECM agreements. Year over Year Spend Growth % 2011 over % 2012 over % 2013 over % August 2014 over August % The above information is as of August For more information about OECM, please visit OECM Geographical Zones OECM Clients are located in five (5) geographical Zones (as set out below and in Appendix G) throughout the Province of Ontario. Central Zone; East Zone; North East Zone; North West Zone; and West Zone. 1.2 School Board, College and University Zone Information OECM supports collaborative sourcing initiatives for one-hundred-and-eighteen (118) SCU s. The approximate number of SCU s and students in each Zone is set out below and further illustrated in Appendix H: OECM Apparel and Related Services RFP Page 6 of 57

7 SCUs # of SCU s Staff Approximate Number of: Students School Boards ,213 2,031,205 Colleges 24 36, ,743 Universities 22 Not available 447,336 Totals: ,326 2,699,284 The above information is as of July Refer to the following websites for more information: Other BPS Clients One hundred and fifty-one (151) other BPS Clients are currently using one (1) or more OECM agreements. The approximate number of organizations in each Zone is set out below. Zone Central Zone Developmental, Community Care & Other Health Agencies Agencies Municipalities Libraries Hospitals Grand Total East Zone North East Zone North West Zone West Zone Totals: The above information is as of August OECM Client Advisory Group The following OECM Clients have been involved with the development of the requirements set out in this RFP: Client Trent University York University Client s Website The above Clients are not, in any way, committed to participating in the resulting Agreements from this RFP. 1.6 Objective of this RFP The objective of this RFP process is to select Suppliers that will: Support a diverse group of Clients located across the Province of Ontario with varying needs; Provide Clients with a variety of quality Products and related Services, demonstrating value for money; OECM Apparel and Related Services RFP Page 7 of 57

8 Provide Clients excellent, timely customer and account management support; Support the Clients environmental and sustainability requirements; and Reduce the costs of competitive procurement processes associated with the provision of the Deliverables. 1.7 Type of Agreement for Deliverables It is OECM s intention to enter into a province wide Master Agreement ( Agreement ), based on the terms and conditions set out in Appendix A of this RFP, for the provision of the Deliverables to Clients who execute a Client Supplier Agreement ( CSA ), as follows: Product Category Category A Apparel and Uniforms Category B Sports Uniforms Category C - Safety Footwear Per Product Category Up to two (2) Preferred Proponents Up to two (2) Preferred Proponents Up to two (2) Preferred Proponents Type of agreement For all Product Categories Up to two (2) Preferred Proponents offering all three (3) Categories. The Term of the Agreement, for each Category, is intended to be for three (3) years, with an option in favour of OECM to extend the Term of the Agreement on the same terms and conditions for one (1) additional period of up to two (2) years. Clients participating in the Agreement will execute CSAs with the Supplier as attached in Appendix A. The Supplier and Client, when executing a CSA, may mutually agree to additional terms and conditions (e.g. specific logotype, reporting, invoice formatting, payment terms) ensuring the additional terms and conditions are not in any way inconsistent with the Form of Agreement agreed to by OECM and the Supplier. It is anticipated that the Agreement will be executed on or about January 2015 and will expire, for the initial Term of the Agreement, on or about June The Agreement must be signed before the provision of any Deliverables commences. By submitting a Proposal, a Proponent is agreeing to all of the requirements of this RFP. Clients do not have to sign a CSA in order to issue and send Quick Quotes to Suppliers. 1.8 Client-Supplier Agreements To encourage the use of the Agreement resulting from this RFP, OECM and the Supplier will work together to engage Clients in this sourcing initiative. OECM encourages the Supplier to actively promote the Agreement to Clients by: Executing CSAs with interested Clients; Providing excellent customer and technical service; Providing a well-defined implementation plan with applicable Client involvement; and Identifying improvement opportunities. OECM will promote the use of the Agreement with Clients by: Using online communication tools to inform and educate; Holding information sessions and/or webinars, as required; Attending, where appropriate, Client events; Facilitating CSA execution; Providing effective business relationship management; Facilitating issue resolution; and Marketing improvement opportunities. OECM Apparel and Related Services RFP Page 8 of 57

9 1.9 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 Historical Activities OECM currently has agreements in place resulting from a fair, open and transparent procurement process, for the provision of clothing and uniforms products with Cintas Canada Limited, Mark s Work Warehouse Ltd. and Season Group Corporation. The current agreement was effective as of March 4, 2011, and expires on February 28, 2015, with some vouchers expiring in June As of August 2014, fifteen (15) unique Clients are using the current OECM uniforms agreements: Eleven (11) School Boards; One (1) College; and Three (3) Universities. From March 2011 to August 31, 2014 Clients have approximately an overall spend of 3.3 million dollars. Clients using the current OECM uniforms and clothing agreement are not, in any way, obligated to participate in any Agreement resulting from this RFP 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 the Proponent. Such information is not guaranteed, represented, or warranted to be accurate, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve the Proponent from forming its own opinions and conclusions with respect to the matters addressed in this RFP. Transaction activities described is an estimate only and may not be relied on by the Proponents. Estimates are intended to be used by OECM for the purpose of evaluating the Proposals. The Agreement executed with the Supplier may not be an exclusive Agreement for the provision of the Deliverables. Clients may contract with others for the same or similar Deliverables to those described in this RFP 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; and OECM Apparel and Related Services RFP Page 9 of 57

10 The following terminology applies in the RFP: Whenever the terms must or shall are used in relation to OECM or the Proponent, such terms shall be construed and interpreted as synonymous and shall be construed to read OECM shall or the Proponent shall, as the case may be. The term should relates to a requirement that OECM would like the Proponent to address in its 1.13 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. 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; Broader Public Sector or BPS means all Municipalities, Academic Institutions, School Boards, Health Care Providers and Major Transfer Payment Recipients in the Province. Please see for more details of these organizations; Business Day means Monday to Friday between the hours of 9:00 a.m. to 5:00 p.m., except when such a day is a public holiday, as defined in the Employment Standards Act (Ontario), or as otherwise agreed to by the parties in writing; Category means Category A Apparel and Uniforms, Category B Sports Uniforms and Category C Safety Footwear; Client means publicly assisted Ontario School Boards, Colleges of Applied Arts and Technology ( College ) 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; Confidential Information means confidential information of OECM and/or any Client (other than confidential information which is disclosed to the Preferred Proponent in the normal course of the RFP) where the confidential information is relevant to the Deliverables required by 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 judgment; or (ii) could or could be seen to compromise, impair, or be incompatible with the effective performance of its obligations under the Agreement; Cost Recovery Fee or CRF means a fee, which contributes to the recovery of OECM s operating costs as a not-for-profit/non share corporation, which is based on the before tax amount invoiced by the Supplier to Clients for Deliverables acquired through OECM s competitively sourced agreements. Once CSAs have been executed, this fee is collected and remitted by the Supplier to OECM on a quarterly basis; Deadline for Issuing Final Addenda means the date and time as set out in Section of this RFP and may be amended from time to time in accordance with the terms of this RFP; Deliverables means a Product and/or Services 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; OECM Apparel and Related Services RFP Page 10 of 57

11 Master Agreement or Agreement means the agreement to be made between the Preferred Proponent and OECM based on the template attached as Appendix A, together with all schedules and appendices attached thereto and all other documents incorporated by reference therein, as amended from time to time by agreement between OECM and the Supplier; OECM means the Ontario Education Collaborative Marketplace; Personal Information or PI is defined in Appendix A the form of 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; Product means the Deliverables procured pursuant to 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; Proponent s 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; Quick Quote means a request for a pricing issued to one (1) or more Suppliers seeking Rates for specific Products and/or Services; Rates means the prices and minimum discount for the Deliverables as set out in the Proponent s submitted Appendix C; Rate Bid Form means the form contained in Appendix C of this RFP; Request for Proposals or RFP means this Request for Proposals number OECM # issued by OECM, including all appendices and addenda thereto; RFP Coordinator means the individual identified on the front cover and in Section of this RFP; Services means the Deliverables 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 1.7 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 and which is not available to other Proponents, (ii) communicating with any person with a view to influencing, or being conferred preferred treatment in, the RFP process, or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the RFP process and result in any unfairness; and Zones means the OECM geographical boundaries within the Province of Ontario as identified in Appendix G, H and I. OECM Apparel and Related Services RFP Page 11 of 57

12 [End of Part 1] OECM Apparel and Related Services RFP Page 12 of 57

13 PART 2 - THE DELIVERABLES 2.1 Description of Deliverables The Supplier will provide a broad range of Apparel Products, including related Services to meet the needs of Clients. Proponents may submit a Proposal for one (1), two (2) or all three (3) Product Categories, as follows: Product Category RFP Section per Product Category Category A: Apparel and Uniforms Section 2.3 Category B: Sports Uniforms Section 2.4 Category C: Safety Footwear Section 2.5 General requirements set out in Sections 2.6 to 2.29 are applicable to all Product Categories. For example if a Proponent is submitting a Proposal for Category A Apparel and Uniforms, that Proponent must read and understand the Deliverables set out in Section 2.3 as well as the requirements set out in Sections 2.6 to Similarly, if a Proponent is submitting a Proposal for all Product Categories, that Proponent must read and understand all Sections in Part 2 of this RFP. Other additional items not set out above may be added to the Agreement during the Term of Agreement. Refer to Section 2.20 of the RFP for more information. 2.2 Proponent s Requirements OECM requires its suppliers to comply with the Ethical Apparel Procurement Requirements of the Ontario Shared Services Supply Chain Ontario: As such, in addition to information pertaining to Proponent practices provided within its response to this RFP, and prior to Agreement execution, the Preferred Proponent MUST provide OECM with its Responsible Manufacturers Information ( RMI ), including the name, and address of all factories and production facilities used in the manufacture and assembly of the Products, as a condition of Agreement award. When submitting RMI, the Preferred Proponent will confirm that, to the best of their knowledge, the manufacturer and any subcontractors for the Products offered comply with all local laws governing labour and working conditions and will continue to do so throughout the Term of the Agreement resulting from this RFP. 2.3 Category A Apparel and Uniforms The Supplier shall provide Clients with the following Products: Apparels Uniforms The types of apparel and uniform program may vary from a Client to another depending on the level of visibility to the public, the internal policies, the type of work performed, and the physical environment in which the employee normally works Apparel Supplier shall provide Clients with its full catalogue of Products related to general apparels including but not limited to the following categories of garments: OECM Apparel and Related Services RFP Page 13 of 57

14 Shirts o Women's short sleeved uniform dress shirt; o Women's long sleeved uniform dress shirt; o Women's t-shirt; o Women's short sleeved golf shirt; o Women's lsng sleeved golf shirt; o Women's long sleeved crew neck shirt; o Women's long sleeved turtle neck shirt; o Men's short sleeved uniform dress shirt; o Men's long sleeved uniform dress shirt; o Men's t-shirt; o Men's short sleeved polo shirt; o Men's long sleeved polo shirt; o Men's pique polo shirt; o Women's pique polo shirt; o Men's long sleeve crew neck shirt; and o Men's long sleeve turtle neck shirt. Pants/shorts o Men's casual pant; o Women's casual pant; o Women's capri pants; o Men's cargo work pants; o Men's cargo work shorts; o Men's non-pleated work pant; o Women's cargo work pants; o Women's non-pleated work pant; o Men's casual pant; and o Men's dress pant. Outerwear o Coat; o Suit; o Men's sweater; o Men's vest; o Women's vest; o Full zip fitted cardigan; o Womens v-neck cardigan; o Unisex pullover hoodie; o Unisex full-zip jacket; and o Unisex full zip hoodie Uniforms The Supplier shall make available to Clients its full catalogue of Products related to employee uniforms such as but not limited to: Health care worker uniforms; Custodian uniforms; Maintenance and facilities uniforms; and Security uniforms Colour From time to time Clients may require fire retardant Products (e.g. facilities uniforms). The Supplier should have a wide range of colours for all Products as well as special motif and/or colours (e.g. stripes). From time to time Clients may request Supplier to provide, at no charge, fabric and colour samples (i.e. swatches). The colour finishes may vary depending on the fabric, however the Supplier should advise Clients on any colour changes due to fabrics. OECM Apparel and Related Services RFP Page 14 of 57

15 2.3.4 Fabrics and Materials The Supplier should offer Clients a wide range of fabrics and materials, such as but not limited to: Animal (e.g. wool, silk); Plant (e.g. cotton, flax and jute); and Synthetic (e.g. nylon, polyester and acrylic). The Supplier should also make available to Clients blended fabrics and materials, such as but not limited to: Animal and synthetic (e.g. wool and polyester); Synthetic and plant (e.g. elastane (spandex) and cotton; polyester and cotton; or cotton, polyester, and viscose); and Animal and plant (e.g. linen and silk) Logo Services Clients have their own and unique logo (e.g. individual schools, sports team), which may need to be applied on various apparel and/or uniform Products, the Supplier shall offer Clients a wide range of Services, such as but not limited to: Embroidery; and Logo print. Clients may require embroidery and/or logo to contain more than one colour, moreover, Clients may request to have logo print and/or embroidery in multiple places on the Products Embroidery The Supplier shall offer Clients embroidery Services. Most or all Products should be embroiderable Logo Print Supplier shall offer Clients logo print Services using at the minimum the following techniques: Digital printing; Heat transfer; and Appliqué. Supplier shall be able to print logos received at a minimum in the following formats: Bitmap; BMP; Jfif; Jpeg; PNG; Raw; and Tiff. 2.4 Category B Sports Uniforms Supplier shall provide Clients with: Team sports uniforms; and Generic sports uniforms. Supplier shall provide Clients with its full catalogue of Products suitable for sports including but not limited to the following: OECM Apparel and Related Services RFP Page 15 of 57

16 Baseball; Basketball; Hockey; Football; Hockey; Lacrosse; Soccer; Track & field; and Volleyball Colour All the proposed Products in Category B, must be fully printable. The Supplier should have a wide range of colours for all Products as well as special motif and/or colours. From time to time Clients may request Supplier to provide, at no charge, fabric and colour samples (i.e. swatches). The colour finishes may vary depending on the fabric, however the Supplier should advise Clients on any colour changes due to fabrics Fabrics and Materials The Supplier should offer Clients a wide range of type of fabrics and materials, such as but not limited to: Animal (e.g. wool, silk); Plant (e.g. cotton, flax and jute); and Synthetic (e.g. nylon, polyester and acrylic). The Supplier should also make available to Clients blended fabrics, such as but not limited to: Animal and synthetic (e.g. wool and polyester); Synthetic and plant (e.g. elastane (spandex) and cotton; polyester and cotton; or cotton, polyester, and viscose); and Animal and plant (e.g. linen and silk) Logo Services Clients have their own and unique logo (e.g. individual schools, sports team) which may need to be applied on various sports uniform Products, the Supplier shall offer Clients a wide range of Services, such as but not limited to: Embroidery; and Logo print. Embroidery and/or logo may contain more than one colour, moreover, Clients may request to have logo print and/or embroidery in multiple places on the Products Embroidery The Supplier shall offer Clients embroidery Services Logo Print Supplier shalloffer Clients logo print Services using at the minimum the following techniques: Digital printing; Heat transfer; and Appliqué. OECM Apparel and Related Services RFP Page 16 of 57

17 Supplier shall be able to print logos received at a minimum in the following formats: Bitmap; BMP; Jfif; Jpeg; PNG; Raw; and Tiff. 2.5 Category C: Safety Footwear Supplier must provide Clients with its full catalogue of safety footwear Products including but not limited to: Metatarsal guards (external and internal); Rubber footwear; 6 inches high; 8 inches high; Athletic; Casual; Hiker; and Winter Canadian Standards All the proposed safety shoes should respect the Canadian Standard Association Z195 Protective Footwear standard. The Supplier shall provide Clients with safety footwear Products with a variety of rating for hazardsand the proper sole for the working conditions, such as: Marking Criteria Recommended Use Green triangle footwear has sole puncture protection with a Grade 1 protective toe (withstand impact up to 125 joules). Yellow triangle footwear has sole puncture protection and Grade 2 protective toe (withstand impact up to 90 joules). The CSA white rectangle with orange greek letter omega - Ω - indicates soles that provide resistance to electric shock. Such certified footwear contains a sole and heel design assembly that, at the point of manufacturing, has electrical insulating properties to withstand 18,000 volts and a leakage current not exceeding 1mA for 60 seconds.. The CSA yellow rectangle with a green SD and grounding symbol indicates soles are static-dissipative. The outer soles are made from an antistatic compound, capable of dissipating an electrostatic charge in a controlled manner. Any industrial or heavy work environment, including construction, where sharp objects are present (such as nails). Light industrial work environments that need both puncture and toe protection. Any industrial environment where accidental contact with live electrical conductors can occur. Any industrial environment where a static discharge can be a hazard for workers or equipment. OECM Apparel and Related Services RFP Page 17 of 57

18 Marking Criteria Recommended Use Red rectangle with black letter "C" and grounding symbol footwear has soles that are electrically conductive. White label with green fir tree symbol footwear provides protection when using chainsaws. Blue rectangle footwear provides Grade 1 protective toe without sole puncture protection. Grade 1 toe withstands impacts up to 125 joules. Grey rectangle footwear provides Grade 2 protective toe with no protective sole. For any industrial environment where lowpower electrical charges can be a hazard for workers or equipment. For forestry workers and others who work with or around hand-held chainsaws and other cutting tools. For industrial work that does not require puncture protection. For institutional and non-industrial work that does not require puncture protection. All the proposed safety footwear must have an internal protection code, which could be on the inside or the ouside of the shoes. 2.6 Size Range Supplier shall offer Clients a wide range of Product sizes. The sizes should be based on a recognized designation such as the US standard clothing size. Supplier shall not charge Clients an extra amount for oversized Products. From time to time, Clients may require alternate cuts and fits such as petite and tall Apparel and Uniforms The Supplier must have all its apparels and uniforms Products available in the following adult sizes: Female: o From two (2) extra-small ( 2XS ) to three (3) extra-large ( 3XL ); and/or o From zero zero (00) to twenty-four (24). Male: o From extra small ( XS ) to five (5) extra-large ( 5XL ). The Supplier should have all its apparels and uniforms Products available in the following junior sizes: Junior (boys and girls): o From extra-small ( XS ) to two (2) extra-large ( 2XL ); and/or o From zero (0) to eighteen (18). Youth (boys and girls): o From extra-small ( XS ) to two (2) extra-large ( 2XL ); and/or o From two (2) to twenty-four (24). Toddler: o From small (e.g. 2T) to large (e.g. 4T) Shoes The Supplier should have all its shoes available in the following size ranges: Four (4) to fifteen (15) for both female and male; and OECM Apparel and Related Services RFP Page 18 of 57

19 One (1) to thirteen (13) for youth and junior. 2.7 Product Quality All the proposed Products must be new. OECM understands that textiles are made in various strengths and degrees of durability, however, the Supplier shall provide various levels of quality Products. As a minimum requirement all the proposed Products must be washable (e.g. laundered by Clients) and/or dry cleaned and wrinkle resistant. The Supplier should ensure that sports Products are at the leading edge of technology. To ensure the quality, Clients, prior to sign a CSA, may require the Supplier to provide information related to the Products such as but not limited to: Fabric blend; Fabric weight; and Durability (e.g. pilling, colorfast, shrink resistant, seam strength, hem strength, stitch count, tearing strength). 2.8 Brand Name Products Brand name Products refer Refer to branded Products marketed by manufacturers (e.g. Roots, Nike, Levi s, etc.). 2.9 Generic Brand Products Generic brand Products refer to a proprietary brand of Products sold by the Supplier and often bearing the name of the Supplier. Generic brand is alternatively known as private label Product Ordering, Delivery and Pick Up Product Lists The Supplier shall provide the following Product lists to Clients as required: An electronic list of all Products in its published standard catalogue; and Standard printed published catalogue. French Product list should be provided as required Product Ordering Clients may use a variety of ordering methods, including phone, fax, online, , at the Supplier s retail store and, electronic transactions as further described below: Online Ordering Clients may choose to use the Supplier s website to place orders. At a minimum, the website shall: Be secure and user friendly; Allow generic or individual user login ID and password; Contain Product offerings specifically for a Client (e.g. unapproved Products shall be blocked from access as requested); Feature search function to allow easy Product lookup by description, manufacturer and Product code; Provide information related to website maintenance, warehouse closing and other situations where orders will be impacted. OECM Apparel and Related Services RFP Page 19 of 57

20 Electronic Commerce Clients currently use a variety of Enterprise Resource Planning ( ERP ), E-Procurement (e.g. SciQuest) or financial systems. When Clients implement various methods for electronic ordering, such as integrated system and Electronic Data Interchange ( EDI ), the Supplier will provide technology and implementation support to Clients at no extra cost Pick-Up Location Clients should be able to purchase and/or pick up Products at the Supplier s pick-up location (e.g. retail store, mobile store) Coupon Program The Supplier should provide Clients with coupon program, or similar system, as a Products acquisition option. The coupon program, or similar system, should be redeemable at the Supplier s store location and at the order placement regardless of the ordering method chosen by the Client. Each proof of the coupon program or similar system should be numbered and should contain at a minimum the following: Client s name; Employee s name; Serial number; and Dollar value. When using the coupon program or similar system at the Supplier s retail location and/or at the order placement the Supplier shoud ensure that at a minimum: A photo identifications is presented, if applicable; Purchased Products have institutions approved logos as required; Returned Products are credited to the Client s account; and Voucher or similar system are not be redeemed for cash value Minimum Order Proponent shall not apply any minimum order (e.g. spend and/or volume) Product Delivery Clients require various types of delivery from desk-top to central delivery. Delivery charges of any kind will not be accepted or paid. Clients may have more than one (1) delivery location within one (1) delivery address. The Supplier should deliver orders with correct Products and quantities within the lead time. Products will be packaged appropriately to ensure safe delivery. All deliveries must include a packing slip specifying the Client s required information (e.g. name of the employee who placed the order, purchase order number, Products and quantities ordered and shipped, back ordered Products and quantities, if any). Deliveries must be made by the Supplier s own transportation fleet or a reputable transportation company that allows for tracking of the shipments Lead Time for In-Stock Products Clients typically expect to receive orders within a maximum of ten (10) Business Days. The Supplier and Clients may mutually agree upon other lead times and/or terms which are mutually beneficial to both parties. OECM Apparel and Related Services RFP Page 20 of 57

21 Lead Time for Special Order and Non-Stock Products From time to time Clients may order special Products (e.g. logo, specific sizes, out of stock, material etc.). Clients and the Supplier should mutually agree upon a lead time most suitable to both parties Damaged or Defective Shipment Products may not be accepted upon delivery if: The Products or packaging of Products are defective (e.g. broken and/or damaged); The Products or packaging of Products are not delivered as agreed; or The Products were substituted without prior approval of the Client. The Supplier will be responsible for all shipping costs related to the return and replacement of any damaged or defective Products from the Client s location. Clients will not be responsible for any re-stocking charges due to damaged or defective Products received Back Order Back orders should be confirmed at the time of the order confirmation with an estimated delivery date, Clients will have an option to cancel or keep the back orders Discontinued Products The Supplier shall not arbitrarily discontinue Products. When discontinuing Products, the Supplier shall provide the manufacturer s supporting letter to OECM prior to discontinuation Inventory Services The Supplier should provide inventory Services to Clients during the Term of the Agreement. The Supplier should have to stock Clients Products, if required. The inventory size may vary from a Client to another. Clients and Supplier should mutually agree upon the most suitable inventory Services and/or program Product Samples During the Term of the Agreement, Clients may request Product samples (e.g. cargo pants) for testing and evaluation to ensure Products meet Clients requirements and are suitable for their purpose. Product samples may also be required when evaluating new Products, substitutions or alternatives. These Product samples shall be provided to Clients at no cost. At the end of the evaluation, Clients are under no obligation to purchase these samples. Clients may, however, choose to purchase the samples at discounted Rates or the samples will be returned at the Supplier s cost. Prior to sign a CSA, Clients may request logoed Products samples at no charge Product Warranty The Supplier shall warrant all its Products from the date of receipt by Clients against, but not limited to the following conditions: Faulty material; and Manufacturing defects. Where a manufacturer s warranty applies to the Products, the Supplier shall be responsible for arranging Product exchange. All shipping costs related to approved warranty exchanges shall be at no cost to the Clients. OECM Apparel and Related Services RFP Page 21 of 57

22 2.14 Recall Products The Supplier shall have a recall Product process in place in order to advise Clients on any defective Products recalled by the manufacturer or any Standards Development Organization ( SDO ) (e.g. Canadian Standards Association). Regardless of the nature of the recall (e.g. volountary) the Supplier shall be responsible for all shipping costs related to the return of the recalled Products. The Supplier shall also be responsible for the replacement of the recalled Products Related Services The Supplier should offer Clients with related Services such as but not limited to: Sizing (e.g. in person or kit); and Alterations Additional Quantity Additional quantities may be required throughout the year during the Term of the Agreement for new hires and/or miscellaneous orders. Measurements will be done on an as, if and when required basis at the Client s location by the Clients (i.e sizing kit) or the Supplier and/or at the Supplier s store location. For additional miscellaneous orders, the Supplier may carry sufficient stock on hand to guarantee delivery within ten (10) Business Days. For backorders, Supplier will be required to provide the Product at no extra charge if shipping is required to Client s location Environmental Considerations OECM and its Clients are committed to reducing the carbon footprint. The Supplier should keep Clients informed about any environment-friendly Products, new technologies and/or green initiatives. The Supplier should, in consultation with OECM, make any environment-friendly Products, new technologies and/or green initiatives available to Clients as required Fair Labour Practices OECM requires the Supplier and its subcontractors to comply with the local and international laws and regulations in terms of clothing manufacturing. The Proponent should have implemented and documented ethical business best practices, including but not limited to: Uphold local labour laws and international standards; Agree to independent monitoring; Provide full public disclosure; and Produce goods without the use of child labour. The Supplier should take all reasonable measures to insure its Products are produced under just, safe and fair working conditions that are equal to or better than the standards set by the United Nations International Labour Organization Transition and Implementation The Supplier shall provide Client support on account setup, ensuring seamless transition and minimal service disruption, at no cost. The Supplier will provide implementation and training plans to Clients for approval prior to the implementation as required. OECM Apparel and Related Services RFP Page 22 of 57

23 2.20 Optional Additional Products and Services The Supplier may offer Clients additional products and Services within the proposed Category, such as but not limited to: Category A Category B Category C Additional Products Other fire retardant garments High visibility apparel Headgear Mascot custumes Sports shoes Mascot custumes Non-safety shoes Additional Services Logo design Training (i.e. Product care) Rentals Cleaning Logo design Training (i.e. Product care) Rentals Cleaning Assessment Training (i.e. Product care) Rentals Cleaning 2.21 Invoicing The Supplier shall submit to the Client a consolidated monthly invoice after Products have been received at the Client s location. The consolidated monthly invoices will be in either paper or electronic format, as detailed in the Client s CSA. The invoice shall be itemized and contain, at a minimum, the following information: Invoice number; Client s organization; Full name of the person who placed orders, if applicable; Delivery address; Client s purchase order number, if applicable; Order date; Client s Product number if applicable; and Product description, catalogue number, unit of measure, quantity ordered and shipped, price and extended total Payment Terms The Client s standard payment terms are net thirty (30) days. Different payment terms may be agreed to when executing CSAs. Note Client s payment terms will not be in effect until the Supplier provides an accurate invoice Agreement Management Support to OECM Account Management Support OECM will oversee the Agreement and the Supplier shall 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; Promoting the Agreement as set out in Section 1.8 of this RFP within the Client community; Attending quarterly business review meetings with OECM to review CSAs, Deliverables, sales, issue management, opportunities for improvement, and other appropriate business activities; Managing issue resolution in a timely manner (with escalation processes to resolve outstanding issues); Monitoring, managing and reporting pricing, savings and service quality (including customer support); Conducting comparative analysis (e.g. saving analysis to Clients) and surveys regularly during the Term of the Agreement to ensure customer satisfaction and support Client s strategic directions; and OECM Apparel and Related Services RFP Page 23 of 57

24 Submission of Service sales report, any ad hoc reports and the applicable Cost Recovery Fee ( CRF ) on time Customer Support The Supplier or any part of consortium or dealer network shall provide effective customer support to Clients including, but not limited to: A responsive account executive (or a team of personnel lead by an account executive) assigned to the Client to support their needs by providing day-to-day and ongoing administrative support; The Supplier s team must be responsive to the needs of the Clients (i.e. next Business Day response), provide requested information and documentation in a timely manner and issue resolution; Ensuring minimal disruption to the Client; Easy access to the Supplier (i.e. by toll free telephone number, , voic , and fax); Day-to-day support; Establishing an ongoing communications program with the Client (e.g. new Products and initiatives, substitution Products, discontinued Products); Providing written notice to Clients on any scheduled shut down that would impact services (e.g. inventory count, relocation of warehouse, website maintenance); Attending quarterly business reviews with Clients or other meetings, as requested; and Providing reports to Clients, as required Performance Management During the quarterly business review, OECM may review the Key Performance Indicators ( KPIs ) with the Supplier. The KPIs, related definitions and measurement may include one (1), several or all of the following: Service-level Category KPIs Definition Report Frequency Expect Outcome Delivery Product Delivery Lead Time Defective Delivered Products Actual lead time per order (e.g. in-stock and special Products) Defective delivrered Products that have to be replaced Monthly Monthly Shall be met ninetyeight percent (98%) of the time per Client All delivered Products shall be less than two percent (2%) The unit of measure of the KPIs will be based on the proposed responses at Agreement finalization Reporting to OECM The Supplier shall be responsible for providing monthly sales report to OECM. The reporting shall at a minimum include the following fields of information: Client s organization name; Invoice date; Invoice number; Supplier s Product number; Product/Service description; Unit of measure; Unit price; Order quantity; Quantity shipped; Extended total (unit price x quantity shipped, excluding taxes); Client sector (e.g. School Board, College, University, BPS); OECM Apparel and Related Services RFP Page 24 of 57

25 OECM Zone; and Cost Recovery Fee (i.e. subtotal, HST and total). The Supplier shall be responsible for any other ad hoc reports requested by OECM Reporting to Clients Clients may require other reporting, such as those set out below or any other ad hoc reports. The details of Clients specific reporting requirements will be set out in the CSA. Sales reports; Back order reports; and Delivery reports Disaster Recovery and Business Continuity The Supplier shall have and provide OECM and/or Clients upon request, information aboutdisaster recovery and business continuity programs including processes, policies, and procedures related to preparing for recovery or continuation of Products avaialblity and Services critical to Cleints Licenses, Right to Use and Approvals Suppliers shall obtain all licences, right to use and approvals required in connection with the supply of the Products and Services. The costs of obtaining such licences, right to use 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 licence, right to use 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 licence, right to use or approval Accessibility for Ontarians with Disabilities Act OECM and its Clients are committed to the highest possible standards for accessibility. The Supplier must be capable to recommend and deliver, as appropriate for each Deliverable, accessible and inclusive Products and Services consistent with the Ontario Human Rights Code (OHRC), the Ontarians with Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its regulations in order to achieve accessibility for Ontarians with disabilities. In accordance with Ontario Regulation 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 services to persons with disabilities. The AODA may be found at Pricing Methodology The Proponent should provide Rates as follows: Net pricing for the sample basket of Products (e.g. for evaluation purpose ONLY); Minimum discount off the Proponent s lowest Canadian published price list for all of its apparel, uniforms, sports and safety footwear Products, at least dated as of January 1, 2014; and Net pricing for embroidery and logo Services (Category A and B ONLY). At the Agreement execution, the minimum percentage discount off the Supplier s lowest Canadian published price list will be converted into net pricing. As a part of its Proposal, the Proponent should include an electronic version of its catalogue. The Rates will be firm for the first year of the Agreement. OECM Apparel and Related Services RFP Page 25 of 57

26 Optional Pricing Refresh OECM or the Supplier may request a pricing refresh at each anniversary of the Agreement, and at the extension period, if exercised. Either party shall request a pricing refresh by providing a written notice one hundred and twenty (120) days prior to the anniversary of the Agreement. Any such request from a Supplier for a princing refresh must be accompanied by appropriate documentation. As part of any refresh 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 refresh. Supplier shall consider volume spend when refreshing the Rates (e.g. top selling Products should have their Rates reduced). In the even of sudden and exceptional rate increase for any raw material required in the Products manufacturing, a one-hundred and twenty (120) day written notice may not be required. Performance received under the Agreement will be considered when contemplating the pricing refresh. If a proposed pricing refresh is not accepted by OECM, the Agreement extension may not be exercised. If a pricing refresh is not requested the Rates will remain the same for the extension period, if exercised. Agreement will be amended accordingly, if necessary Catalogue Refresh The Supplier may refresh its Product catalogue (i.e. adding new Products) at any time during the Term of the Agreement. The Supplier shall request a catalogue refresh by providing a written notice forty-five (45) days prior to refresh its catalogue. Clients require a minimum of thirty (30) days prior notice on any Product change. If for any reason, the Supplier and OECM cannot agree on the new Products within the specified timeframe, the effective date of new catalogue will be adjusted to allow for thirty (30) days prior notice to Clients Optional Quick Quote Process Clients will have two (2) options when purchasing Products from the resulting Agreement: Purchase Products and/or Services directly from a Supplier based on available Products and/or Services (i.e. without using a Quick Quote); or Issue a Quick Quote, to obtain Products and/or Services based on unique and/or specific needs and requirements such as logo, fabric, quantity, etc. If a Quick Quote is issued, the Client or OECM will invite one (1) or more Suppliers to submit a quote for the specific requirements as the need arise. The Quick Quote will identify the Products or it may request the Supplier to propose an appropriate Product to fulfill the Client s requirement, quantity and any other applicable information. The Supplier shall respond, setting out the following at a minimum: Expected delivery lead-time; Product specifications, if different; and Final, net price. Responses to Quick Quotes will be assessed. More than one (1) Supplier may be chosen to provide Products and/or Services based on factors such as, but not limited to: OECM Apparel and Related Services RFP Page 26 of 57

27 Better Rate; Product availability and lead-time; and Meeting Product specifications. The Quick Quote will be ed directly to the Supplier s representative, and it should be completed and returned within three (3) Business Days of issuance or otherwise agreed upon with Client, at no cost to the Client Saving Calculation OECM tracks, validates, and reports on 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) OECM Cost Recovery Fee ( CRF ) As a not-for-profit/non-share corporation, OECM recovers its operating costs from its agreements through CRF. CRFs from the resulting Agreement from this RFP and other OECM agreements are structured to support OECM s financial model, while providing savings to Clients. The Supplier shall pay to OECM a CRF of two percent (2%), based on before tax amount invoiced by the Supplier to the Clients for Deliverables acquired through the Term of the Agreement. The CRF shall include all sales and will be paid to OECM by the Supplier on a quarterly basis based on calendar year. Harmonized sales tax ( HST ) is applicable to the CRF payments made to OECM. The first CRF shall be paid to OECM by April 7, 2015, and include any Client purchases made between the Agreement execution date and March 31, 2014, 2015; and The CRF shall be paid quarterly thereafter. The CRF will be reviewed (e.g. annually) and may, at OECM s sole discretion, be adjusted downwards. Detailed reporting requirements are set out in Appendix A Form of Agreement. [End of Part 2] OECM Apparel and Related Services RFP Page 27 of 57

28 PART 3 - EVALUATION OF PROPOSALS 3.1 Stages of Proposal Evaluation OECM will conduct the evaluation of Proposals in the following five (5) stages: Stages Evaluation Scoring Methodology Maximum Points (if applicable) Minimum Threshold Requirement (if any) Stage I Mandatory Requirements Pass/Fail Pass Stage II Rated Requirements 450 See Section 3.3 and Appendix E Stage III Pricing 550 Not Applicable Stage IV Cumulative Score 1000 Not Applicable Stage V Tie Break No Point Allocation Not Applicable 3.2 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. 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, subject to the express and implied rights of OECM, will be disqualified and not evaluated further. A Proposal must include the following three (3) 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. If a Proponent fails to insert any information required in Appendix B, or fails to sign Appendix B or Appendix F, OECM may provide such Proponent with an opportunity to rectify such deficiency within a period of two (2) Business Days from notification thereof. Proposals satisfying the mandatory requirements within such period will proceed to Stage II. Proposals failing to satisfy the mandatory requirements within such period will be disqualified and not evaluated further Form of Offer - Appendix B (Mandatory Form) Each Proposal must include a Form of Offer (Appendix B) completed fully and signed by the Proponent. (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. OECM Apparel and Related Services RFP Page 28 of 57

29 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 RFP process. (b) Insurance By signing the Form of Offer, the Proponent agrees, if selected, to carry appropriate 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. (c) 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 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: The Proponent shall propose maximum net price on the sample basket of Products; The Supplier shall provide its calalogue of Products that includes all available Products related to the proposed Product Category with the lowest Canadian published price list, minimum percentage discount off list and net Rates, and; All Rates shall be provided in Canadian funds and shall include all applicable customs duties, tariffs, overhead, materials, fuel, office support, profit, permits, licences, 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 Rates shall be quoted exclusive of the HST, or other similar taxes, each of which, if applicable, should be stated separately; All Rates quoted, unless otherwise instructed in this RFP, shall remain firm for the Term of the Agreement; and, In the event of any discrepancy in the Rates within a Proposal, the lowest Rate submitted shall prevail. The Proponent is deemed to confirm that it has prepared its Proposal with reference to all of the provisions of the RFP, that it has factored all of the provisions of the Agreement, if any, into its pricing assumptions, calculations and into its proposed Rates indicated on the Rate Bid Form. A Proposal that includes conditional, optional, contingent or variable Rates that are not expressly requested in the Appendix C- Rate Bid Form may be disqualified Consortium Information Appendix F (Mandatory Form) Each Proposal must include a completed and signed Consortium Information (Appendix F) if applicable to the Proponent. 3.3 Stage II Rated Requirements (450 Points) Stage II will consist of an evaluation and scoring of each Eligible Proposal on the basis of rated requirements. OECM Apparel and Related Services RFP Page 29 of 57

30 Minimum thresholds, if required, must be achieved 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. Point allocation and minimum thresholds (if any), for each rated requirement, are set out in Appendix E. 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 Proponent s 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 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 information may result in the Proposal receiving a low score for that particular rated requirement. Proposals that do not respond to a particular rated requirement, are left blank or contain a response or n/a or not applicable will receive a zero (0) score for that requirement. Where the evaluation team cannot reasonably find responses to a rated requirement, a zero (0) score will be assessed for that rated requirement. The response to each rated requirement in Appendix E should: Be complete (bullet point format is acceptable); Be concise and factual; and Demonstrate the Proponent's understanding of Clients business needs by providing answers validating its capabilities. The following is an overview of the point allocation and minimum score requirements, if any, for the applicable rated requirement components of this RFP: Rated Requirement Components Proponent's Overview, Skills and Knowledge Available Points Category A Available Points Category B Available Points Category C Minimum Threshold Required (if applicable) N/A Risk Assessment and Value Added N/A Fair Labour and Environmental Consideration Products And Supply Chain Management Services - Category A and B ONLY N/A N/A Services and Canadian Standards - Category C ONLY Customer Support and Account Management TOTAL POINTS FOR RATED REQUIREMENTS: N/A N/A 50 N/A N/A 450 Points 450 Points 450 Points 225 Points OECM Apparel and Related Services RFP Page 30 of 57

31 Detailed rated requirements, including sub-point allocations are set out in Appendix E. A minimum threshold for rated requirements, as noted above, must be achieved for any Proponent to move onto the next evaluation stage Rated Requirements Evaluation An evaluation committee will be formed to evaluate Eligible Proposals. The evaluation committee will independently review and score the Proponents submissions to one another based on a zero (0), one (1), two (2), three (3) scale. A three (3) represents that the rated requirement being evaluated is dominantly greater than the average. A two (2) represents that the rated requirement being evaluated is about average. A one (1) represents that the rated requirement being evaluated is dominantly below the average. And a zero (0) represents that the rated requirement has not been answered. Once each evaluator has individually scored each rated requirement, their scores will be averaged to obtain the final score for each of the evaluated criteria. The evaluation committee will evaluate Eligible Proposals in a non biaised way, which means that the Proponent should not specify its name on Appendix E and any other (non-mandatory) information that could be evaluated. In the event, the Proponent s name appears, OECM will black it out. 3.4 Stage III Pricing (550 Points) (Manadtory Requirement) The Proponent shall submit one (1) completed Appendix C Rate Bid Form. Only at the completion of Stage II of the evaluation, will the package containing Appendix C Rate Bid Form be opened for all Eligible Proposals. All Rates applicable to the Products requested in this RFP or identified in the Proposal must be provided in the Proponent s Rate Bid Form (Appendix C) Pricing Evaluation Methodology For each Category, the evaluation and scoring of the pricing will occur in the following three (3) steps: Step 1 evaluation and scoring of the proposed net Rates on the sample basket of goods; Step 2 evaluation and scoring of proposed minimum percentage discount off the lowest Canadian published price list; Step 3 total scores for above two (2) steps. Step 1 evaluation and scoring of the proposed net Rates on the sample basket of goods: Each maximum net price will be evaluated based on the relationship of the Proponent s proposed net pricing in comparison to other Proponent s proposed net pricing on the Rate Bid Form (Appendix C) utilizing a relative formula. Within the Rate Bid Form, each Product line has been allocated specific points. A Proponent will be scored based on its net pricing proposed for each Product line per quantity and Services against other Proponents. The example below illustrates how points will be calculated for proposed net pricing: Example: Net Pricing Evaluation of Cargo Work Pant (Item #1) Proposed Net Pricing Calculation Resulting Points If Proponent 1 proposes the lowest net pricing of $10, that Proponent will receive 100% of the 2.42 points allocated. $10 $10 = 1.00 x OECM Apparel and Related Services RFP Page 31 of 57

32 Example: Net Pricing Evaluation of Cargo Work Pant (Item #1) Proposed Net Pricing Calculation Resulting Points If Proponent 2 proposes the second lowest net pricing of $12, that Proponent will receive 83% of the 2.42 points allocated. If Proponent 3 proposes the highest net pricing of $13, that Proponent will receive 77% of the 2.42 points allocated. $10 $12 =.83 x $10 $13 =.60 x When a cell is left blank or $0.00 is entered in any cell on the Rate Bid Form, it is deemed to mean that the particular Product is provided to Clients free of charge. Therefore when evaluating and scoring the proposed Rate, the Proponent will receive the maximum sub-point allocation. The remaining Proponents will be evaluated, also using a relative formula, based on the remaining percentage of available points. For example, in a hypothetical situation where five (5) Proposals were received and one (1) Proponent proposed $0.00 or the cell is left blank, that particular Proponent will receive the maximum sub-point allocation, and the remaining four (4) Proponents will be evaluated based on eighty percent (80%) of the available sub-point allocation. The above process will occur for proposed maximum pricingfor each subsection line for all Categories. At the end of Step 1, the process will result in the following hypothetical scores on proposed Rates: Proponent 1 = 140 points Proponent 2 = 120 points Proponent 3 = 110 points Step 2 evaluation and scoring of proposed minimum percentage discount off the lowest Canadian published price list: Each minimum percentage discount will be evaluated based on the relationship of the Proponent s proposed minimum discount in comparison to other Proponent s proposed minimum percentage discount on the Rate Bid Form (Appendix C) utilizing a relative formula. Within the Rate Bid Form, each subsection line has been allocated specific points. A Proponent will be scored by each subsection line minimum percentage discount proposed against other Proponents. The example below illustrates how points will be calculated for proposed minimum percentage discount: Example: Minimum Discount Evaluation of Women's Short Sleeve Uniform Dress Shirt (Item #1) Proposed Minimum Discount Off List Percentage Calculation Resulting Points If Proponent 1 proposes the highest minimum percentagediscount off of 60%, that Proponent will receive 100% of the 4.75 points allocated. If Proponent 2 proposes the second highest minimum discount percentage off of 45%, that Proponent will receive 75% of the 4.75 points allocated. If Proponent 3 proposes the lowest minimum discount percentage off of 35%, that Proponent will receive 60% of the 4.75 points allocated. 60% 60% = 1.00 x % 60% = 0.75 x % 60% = 0.58 x The above process will occur for proposed minimum percentage discount for each subsection line for all Categories. OECM Apparel and Related Services RFP Page 32 of 57

33 At the end of Step 1, the process will result in the following hypothetical scores on proposed Rates: Proponent 1 =120 points Proponent 2 = 110 points Proponent 3 = 90 points Step 3 total scores for above two (2) steps: At the conclusion of step 2, the resulting scores of steps one (1) and two (2) will be totaled. For this example the following hypothetical scores have been calculated: Proponent 1 = 260 points Proponent 2 = 230 points Proponent 3 = 200 points In this example, Proponent 1 would have the highest scoring Proposal, Proponent 2 would have the second highest scoring Proposal and Proponent 3 would have the third highest scoring Proposal for Stage IV, pricing. 3.5 Stage IV Cumulative Score At the conclusion of Stage III, the scores from Stages II and III will be totaled and, subject to the express and implied rights of OECM, the highest scoring Proponent will be become the Preferred Proponent and invited to enter into an Agreement, in the form of Appendix A of this RFP Reference checks will be performed to confirm or clarify information provided within the Proposal. The reference checks themselves will not be scored, however, OECM may adjust rated requirements scores related to the information obtained during the reference check. 3.6 Stage V - Tie Break Process 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 Proposal with the highest score in Stage III Pricing as the Preferred Proponent. 3.7 Execution of Agreement with Preferred Proponent Subject to the requirements of this Section, OECM expects that the Agreement will be finalized within fifteen (15) days after notification of award. Once the Agreement has been finalized, Clients may execute a Client Supplier Agreement with the Supplier. OECM shall at all times be entitled to exercise its rights under Section Agreement Launch and Marketing OECM will promote the use of the Agreement with Clients as set out in Section 1.8. During the post award period, the Supplier will be expected to meet with OECM, as-and-when-required, to discuss an effective collaborative Agreement launch approach. OECM will work closely with the Supplier and request that, where available, communications and marketing experts join discussions to achieve the desired outcome. [End of Part 3] OECM Apparel and Related Services RFP Page 33 of 57

34 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 OECM s Issue Date of RFP: November 4, 2014 Proponent s Information Session: 3:00pm on November 7, 2014 Proponent s Deadline for Questions: 3:00pm on November 10, 2014 OECM s Deadline for Issuing Addenda: November 13, 2014 Proponent s Deadline for Questions Pertaining to Issued Addenda only: 3:00pm on November 17, 2014 OECM s Deadline for Issuing Final Addenda: November 19, 2014 Proponent s Proposal Submission Deadline: 2:00:00pm on December 4, 2014 Anticipated Agreement Execution: December 2014 Agreement Start Date: February 2015 Note all times specified in this RFP timetable are local times in Toronto, Ontario, Canada. OECM may amend any timeline, including the Proponent s Proposal Submission Deadline, without liability, cost, or penalty, and within its sole discretion. In the event of any change in the Proponent s Proposal Submission Deadline, the Proponents may thereafter be subject to the extended timeline Proponent Information Session A Proponent may, but are not required to, participate in the Proponent Information Session, which will take place at the time set out in Section A Proponent wishing to participate should register, noting its full legal name and the names of the representatives by ing the RFP Coordinator prior to 1:00pm on November 7, 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 will be issued in an addendum on MERX and Biddingo. Information provided during this session will be posted on MERX and Biddingo. OECM Apparel and Related Services RFP Page 34 of 57

35 4.1.3 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 Proponent s Proposal Submission Deadline; and Any discussion and/or finalization, if any, in respect of the Form of 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: Monga Zhu Business Analyst Monga.Zhu@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 Directors, or advisors); Any employee, consultant or agent of the OECM s Clients, including working group members; Any elected official of any level of government, including any advisor to any elected official; and, Any member of the Consortium (such as Board of Governors, Board of Directors, or advisors) Proponents to Review RFP Proponents shall promptly examine this RFP and all Appendices, including the Form of 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. OECM Apparel and Related Services RFP Page 35 of 57

36 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, 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 an error, omission or ambiguity, as set out in Section exists, 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. 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. OECM Apparel and Related Services RFP Page 36 of 57

37 4.3 Proposal Submission Requirements General To be considered in the RFP process, a Proposal must be received on or before the Proponent s 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 Proponent s Proposal Submission Deadline shall not be considered and shall 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: OECM 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 - Proposal: Must include: o A completed and signed Appendix B - Form of Offer; and, o A completed and signed Appendix F Consortium Information (if applicable). Should include: o Appendix D Reference Form; o Appendix E Rated Requirements; o Proponent s electronic catalogue; and o And any other (non-mandatory) information. The Proponent should not indicate its name on the Appendix E and any other (nonmandatory) information. In the event, the Proponent specify its name, OECM will blackout the Proponent s name. Please do not include any financial information in Package 1 Proposal. Package 2 Pricing: OECM Apparel and Related Services RFP Page 37 of 57

38 Must include: o A completed Appendix C Rate Bid Form. The following table sets out the required quantities of documents per submission package: Requirements Submit the following quantities in each Package: Package 1 Proposal Package 2 Pricing Original (bound) 1 1 Photocopy (bound) 2 0 Photocopy (unbound) 1 0 Electronic copy (searchable and not locked) 1 (Microsoft Word) 1 (Microsoft Excel) 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 versions shall prevail. Proposals should be completed without delineations, alterations, or erasures. In the event of a discrepancy between the original 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; An index and/or table of contents should be included; Information contained in any embedded link will not be considered part of a Proposal, and will not be evaluated or scored; Respond to the requirements in all applicable Appendices, or as may be directed in this RFP; The Proponent should not indicate its name on its submission, except on Appendix B For of Offer; Completely address, on a point-by-point basis, each rated requirement identified in Appendix E. Rated requirements left blank and/or unanswered will receive a score of zero (0). Refer to Section 3.3 Stage II Rated Requirements; and, The Proposal should be complete in all respects. Proposal evaluation and scoring applies only to the information contained in the Proposal, or accepted clarifications as set out in Section Clarification of Proposals 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 Proponent s Proposal Submission Deadline. OECM Apparel and Related Services RFP Page 38 of 57

39 4.3.5 Withdrawal of Proposal A Proponent may withdraw its Proposal only by providing written notice to the RFP Coordinator before the Proponent s Proposal Submission Deadline. A Proposal may not be withdrawn after the Proponent s 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 Proponent s 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 Products 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 Proponent s 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 Proponent s 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 Proponents 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, 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 Proponent s 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 Proponent s Proposal Submission Deadline Clarification of Proposals OECM shall have the right at any time after the Proponent s Proposal Submission Deadline to seek clarification from any Proponent in respect of the Proposal, without contacting any other Proponent. Any clarification sought shall not be an opportunity for the Proponent to either correct errors or to change its Proposal in any substantive manner. Subject to the qualification in this provision, any written information received by OECM from a Proponent in response to a request for clarification from OECM may be considered, if accepted, to form an integral part of the Proposal, at OECM s sole and absolute discretion. OECM Apparel and Related Services RFP Page 39 of 57

40 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, 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. 4.4 Execution of Agreement, Notification and Debriefing Selection of Proponents OECM anticipates that Preferred Proponents will be selected within ninety (90) days of the Proponent s Proposal Submission Deadline. Notice of selection by OECM to the Preferred Proponent will be in writing by from the RFP Coordinator. OECM Apparel and Related Services RFP Page 40 of 57

41 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 Agree to Form of Agreement In addition to all of OECM s other remedies, if the Preferred Proponent and OECM fails to agree upon the Form of Agreement or if the Preferred Proponent fails to 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 Form of Agreement, the other Proponents will be notified in writing by of the outcome of the RFP process, including the name of the Supplier 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 The Proponent s requested remedy. For the purpose of a protest, OECM will review and address any protest in a timely and appropriate manner. OECM Apparel and Related Services RFP Page 41 of 57

42 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 Proposal 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 Products unless specifically requested. OECM shall maintain the information for a period of seven (7) years from the time of collection. Should OECM request such information, OECM will treat this information in accordance with the provisions of this Section; Use Any personal information as defined in the Personal Information Protection and Electronic Documents Act, S.C. 2005, c.5 that is requested from a Proponent by OECM shall only be used to select the qualified individuals to undertake the Products 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. OECM Apparel and Related Services RFP Page 42 of 57

43 4.5.6 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 Client. 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: (a) Make public the names of any or all Proponents; (b) Request written clarification or the submission of supplementary written information from any Proponent and incorporate such clarification or supplementary written information, if accepted, into the Proposal, at OECM s discretion, provided that any clarification or submission of supplementary written information shall not be an opportunity for the Proponent to correct errors in its Proposal or to change or enhance the Proposal in any material manner; (c) Waive formalities and accept Proposals that substantially comply with the requirements of this RFP, in OECM s sole and absolute discretion; (d) Verify with any Proponent or with a third party any information set out in a Proposal; (e) Check references other than those provided by Proponents; (f) 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 OECM Apparel and Related Services RFP Page 43 of 57

44 the evaluation process, or whose Proposal is determined to be non-compliant with the requirements of this RFP; (g) 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 (i.e. has not submitted required reporting and or cost recovery fees to 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; (h) 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; (i) (j) 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; (k) Reject a Subcontractor proposed by a Proponent within a consortium; (l) Select any Proponent other than the Proponent whose Proposal reflects the lowest cost to OECM; (m) 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 Products 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 Products, or the funding for the acquisition of the proposed Products 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. (n) Discuss with any Proponent different or additional terms to those contained in this RFP or in any Proposal; (o) Accept any Proposal in whole or in part; or (p) 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. and these reserved rights are in addition to any other express rights or any other rights which may be implied in the circumstances and OECM shall not be liable for any expenses, costs, losses or any direct or indirect damages incurred or suffered by any Proponent or any third party resulting from OECM exercising any of its express or implied rights under this RFP. By submitting a Proposal, the Proponent authorizes the collection by OECM of the information set out under (d) and (e) in the manner contemplated in those subparagraphs. OECM Apparel and Related Services RFP Page 44 of 57

45 4.6.2 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 Products. 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 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 Apparel and Related Services RFP Page 45 of 57

46 APPENDIX A FORM OF AGREEMENT The Form of Agreement is posted as a separate PDF file. OECM Apparel and Related Services RFP Page 46 of 57

47 APPENDIX B FORM OF OFFER The submission of this Form of Offer is a mandatory submission requirement of this RFP. Complete the Form of Offer as set out below: Thoroughly review Form of Offer Insert Proponent's name, date of Proposal, and complete tables in sections # 6, 7, 8 and 9. Insert names of Proponent representative & witness; sign & date in #10. 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: From: Re: OECM [Insert Proponent s Name] IN THE MATTER OF our Proposal dated [Insert date], of which this Form of Offer is an integral part, submitted in response to RFP # issued by OECM on November 4, 2014, as the same may be amended. 1. Offer 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: 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 and optional services in accordance therewith at the Rates set out in Appendix C - Rate Bid Form. 2. Rates for Deliverables As a mandatory requirement, the Proponent has submitted its Rates 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 Proponent s 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) 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 under the Workplace Safety and Insurance Act (Ontario) as set out in the Form of Agreement. 6. Responsible Manufacturer Information: OECM Apparel and Related Services RFP Page 47 of 57

48 By signing this Form of Offer, the Proponent agrees, if selected, to provide Responsible Manufacturer Informatiuon (RMI) to OECM including the name, and address of all factories and production facilities used in the manufacture and assembly of the Products. Also, if selected, the Proponent confirms that, to the best of their knowledge, the manufacturer and any subcontractors for the Products offered comply with all local laws governing labour and working conditions and will continue to do so throughout the Term of the Agreement. 7. 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, if any.] [Enter the number of question/answer documents, if any.] 8. 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 1.13 of this RFP. Conflict of Interest Response 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? 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. 9. Proponent Information Insert the required information in the following table: Information Required Response Full legal name of the Proponent is: Any other relevant name under which the Proponent carries on business is: [Enter response here.] [Enter response here.] OECM Apparel and Related Services RFP Page 48 of 57

49 Information Required Response The jurisdiction under which the Proponent is governed is: The name, address, telephone and fax numbers, and address of the Proponent s contact person are: The Proponent s business model: individual sole proprietorship corporation [Enter response here.] [Enter response here.] [Enter response here.] partnership consortium* *If the Proponent is a consortium, Appendix F must be completed, signed, and submitted with the Proponent s Proposal. 10. 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. OECM Apparel and Related Services RFP Page 49 of 57

50 APPENDIX C RATE BID FORM Appendix C is attached as a separate Microsoft Excel file. OECM Apparel and Related Services RFP Page 50 of 57

51 APPENDIX D REFERENCE FORM Each Proponent is required to provide three (3) references from organizations similar in size and scope to OECM and its Clients for which the Proponent has provided the same or similar Deliverables within the past three (3) years. OECM, in its sole discretion, may confirm the Proponent s experience and or ability to provide the Deliverables required and described in its Proposal by checking the Proponent s references, and the provision of the references by the Proponent is deemed to be consent to such confirmation/contact with the references. OECM reserves the right to revisit the Proponent s scores in the rated requirements based on information learned during reference checks, should they reveal that there is inconsistency between the Proponent s answers to the rated requirements and the results of the reference check. OECM may check references other than those provided by the Proponent. Proponent s name: Reference #1 Company name: Company address: Contact name: Contact telephone number: Contact address: 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 Apparel and Related Services RFP Page 51 of 57

52 APPENDIX E RATED REQUIREMENTS Appendix E is attached as a separate Microsoft Excel file. OECM Apparel and Related Services RFP Page 52 of 57

53 APPENDIX F CONSORTIUM INFORMATION This Appendix must be completed, signed, and submitted with a Proponent s Proposal, if a consortium submits the Proposal. 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 Apparel and Related Services RFP Page 53 of 57

54 APPENDIX G OECM GEOGRAPHICAL ZONES Clients supported by OECM agreements are located in the following five (5) geographical Zones in the Province of Ontario. 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 Apparel and Related Services RFP Page 54 of 57

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