Ontario Education Collaborative Marketplace

Transcription

1 Ontario Education Collaborative Marketplace Marché Éducationnel Collaboratif de l Ontario COLLECTION AGENCY SERVICES REQUEST FOR PROPOSALS Issued by: OECM OECM Request for Proposals Number: # Request for Proposals Issued On: January 28, 2014 Proponent s Proposal Submission Deadline: 2:00:00pm on February 26, 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 Patti Greer, Strategic Sourcing Manager (patti.greer@oecm.ca) OECM, 90 Eglinton Avenue East, Suite 504, Toronto, Ontario, Canada, M4P 2Y3 OECM Collection Agency Services RFP Page 1 of 46

2 TABLE OF CONTENTS PART 1 INTRODUCTION Invitation to Proponents Ontario Broader Public Sector Procurement Directive Overview of OECM OECM Clients Geographical Zones Zone Information for School Boards, Colleges, and Universities OECM Client Participation OECM Client Working Group Objective of this RFP Type of Agreement for Deliverables Client Agreements Proponent Consortium Information No Guarantee of Volume of Work or Exclusivity of Agreement Rules of Interpretation Definitions... 9 PART 2 - THE DELIVERABLES Background Information Description of Deliverables Proponent Experience and Qualifications Requirements Client Information Provided to Supplier Placements, Recalls and Closing Accounts Account Maintenance Collection Activities Knowledge Transfer Legal Action Site Visits Payments from Debtors Payments to Clients Payments to Supplier Payment Terms Reporting Expenses Records and Record Retention Agreement Administration and Support Customer Support Contract Management Support Disaster Recovery and Business Continuity Licenses, Right to Use and Approvals Accessibility for Ontarians with Disabilities Act Pricing Methodology Additional Services Optional Rate Refresh at Extension of Agreement Saving Calculation OECM Cost Recovery Fee 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, if applicable) Stage II Rated Requirements (180 Points) Stage III Demonstration & Presentation Session Content Attendance Stage IV Pricing (120 Points) OECM Collection Agency Services RFP Page 2 of 46

3 3.6 Stage V Cumulative Score Stage VI - 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 Selection of Proponent 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 OECM Collection Agency Services RFP Page 3 of 46

4 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 NOTICE OF NO PROPOSAL SUBMISSION OECM Collection Agency Services RFP Page 4 of 46

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 Collection Agency Services ( Services ) to assist OECM Clients with collection and debt recovery on an as-and-when-required basis as further described in Part 2 Deliverables (the Deliverables ). This RFP is issued by Ontario Education Collaborative Marketplace ( OECM ). 1.2 Ontario Broader Public Sector Procurement Directive OECM Clients are obligated to adhere to the Ontario Broader Public Sector ( BPS ) Procurement Directive effective April 1, 2011 issued by the Ontario Management Board of Cabinet. The purpose of the directive is: To ensure that goods and services, including construction, consulting services, and information technology are acquired by BPS organizations through a process that is open, fair, and transparent; To outline responsibilities of BPS organizations throughout each stage of the procurement process; and, To ensure that procurement processes are managed consistently throughout the BPS. The directive applies to all Clients in Ontario. The goal of the BPS supply chain code of ethics is to ensure an ethical, professional and accountable BPS supply chain in Ontario through: i. Personal Integrity and Professionalism. ii. Accountability and Transparency. iii. Compliance and Continuous Improvement. Visit the following website for the complete BPS Procurement Directive document Overview of OECM OECM, incorporated in 2006, is a non-for-profit/non-share corporation that leads collaborative strategic sourcing initiatives to lower costs and increase efficiencies for publicly assisted School Boards, Colleges and Universities, as well as other BPS entities. Working in collaboration with Clients, OECM: Establishes, promotes and manages non-mandatory agreements for products and services commonly used throughout their Client community; Supports Client s access and use of OECM agreements through analysis, reporting and the development of tools, guides, and other materials; and, Actively promotes adherence to the Ontario BPS Procurement Directive in all phases of the sourcing and agreement lifecycle. For more information about OECM, please visit OECM Collection Agency Services RFP Page 5 of 46

6 1.4 OECM Clients OECM supports collaborative sourcing initiative for one-hundred-and-eighteen (118) educational organizations as well as other BPS entities. 1.5 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. 1.6 Zone Information for School Boards, Colleges, and Universities The number of School Boards, Colleges, and Universities (SCU s) per Zone is set out below and further illustrated in Appendices G and H. Zone # of SCU s Approximate # Students Central Zone 53 2,291,386 East Zone ,605 North East Zone ,760 North West Zone ,314 West Zone ,940 Totals: 118 3,759, OECM Client Participation Two-hundred-and-thirty-one (231) Clients are using one (1) or more OECM agreements today. One-hundred and twelve (112) SCU s; and, One-hundred and nine (119) other BPS entities. Participation in OECM agreements has been steadily growing, demonstrated by a growth in spend on OECM agreements by over 158% in 2011 compared to 2010; and, over 60% in 2012 compared to This clearly demonstrates that the Ontario education sector and other BPS organizations are achieving value and savings by using OECM agreements. 1.8 OECM Client Working Group The following OECM Clients have been involved with the development of the requirements set out in this RFP: Client s The Algonquin College of Applied Arts and Technology Client Websites OECM Collection Agency Services RFP Page 6 of 46

7 Client s The Cambrian College of Applied Arts and Technology Durham College of Applied Arts and Technology The Fanshawe College of Applied Arts and Technology The George Brown College of Applied Arts and Technology Laurentian University University of Ontario Institute of Technology University of Western Ontario Client Websites The above Clients are not, in any way, obligated to participate in any Agreement resulting from this RFP. However, they and any other Clients may choose to participate at any time during the Agreement Term. 1.9 Objective of this RFP OECM and their Clients value professionalism in providing quality Services. As such, the primary objective of this RFP is to procure Services from professional qualified Proponents capable of carrying out the Services with care and respect and to maximize the recovery of outstanding debts while minimizing public complaints related to collection activities Type of Agreement for Deliverables It is OECM s intention to enter into a Master Agreement ( Agreement ) with up to three (3) Preferred Proponents, based on the terms and conditions set out in Appendix A of this RFP, for the provision of the Deliverables to Clients who execute a Client Supplier Agreement ( CSA ). The Term of the Agreement is intended to be for a period of five (5) years, with an option in favour of OECM to extend the Term of the Agreement on the same terms and conditions for up to two (2) additional one (1) year terms. Clients participating in the Agreement will execute CSA s 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 invoicing requirements, whether or not the debt can be registered with the Credit Bureau, etc.) 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 April The Agreement must be signed before the provision of any Deliverables commences Client 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 market the Agreement to Clients by: Promoting the Agreement within the Client community, and executing CSAs; Providing excellent customer and technical service; and, Identifying opportunities for Clients to improve their collection Services. 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; OECM Collection Agency Services RFP Page 7 of 46

8 Attending, where appropriate, Client events; Facilitating Agreement execution; Providing effective business relationship management; Facilitating issue resolution; and, Continuously marketing improvement opportunities 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 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 activity 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, The following terminology applies in the RFP: OECM Collection Agency Services RFP Page 8 of 46

9 o o o Whenever the terms must or shall are used in relation to OECM or the Proponent, such terms shall be construed and interpreted as synonymous and shall be construed to read OECM shall or the Proponent shall, as the case may be. The term should relates to a requirement that OECM would like the Proponent to address in its Proposal. The term will describes a procedure that is intended to be followed 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. Agreement or Master Agreement means the formal agreement to be made between the Supplier and OECM based on the template attached as Appendix A, together with all schedules and appendices attached thereto and all other documents incorporated by reference therein, as amended from time to time by agreement between OECM and the Client; Applicable Law means any common law requirement and all applicable and enforceable statutes, regulations, directives, policies, administrative interpretations, orders, by-laws, rules, guidelines, approvals and other legal requirements of any government and/or regulatory authority in effect from time to time; Business Continuity Plans means the documents created by the Proponent which describes how the Proponent will maintain continuity of its operations and its commitment and ability to provide to the Clients the Deliverables identified as time critical during an event of force majeure, or other emergency, disaster or disruption; Business Day means Monday to Friday between the hours of 9:00 a.m. to 5:00 p.m., except when such a day is a public holiday, as defined in the Employment Standards Act (Ontario), or as otherwise agreed to by the parties in writing; Broader Public Sector or BPS means all Municipalities, Academic Institutions, School Boards, Health Care Providers and Major Transfer Payment Recipients in the Province as set out in the Ontario Broader Public Sector Accountability Act, Please see for more details about these organizations; Client means publicly assisted School Boards, College, or University and any other Broader Public Sector entity; Client Supplier Agreement or CSA means the agreement in the form of Schedule 2 of the Form of Agreement to be entered into between the Supplier and a Client setting out specific Deliverables required by the Client, along with any additional terms and conditions contained therein (e.g. specific invoicing requirements, whether or not the collection can be registered with the Credit Bureau, etc.); Confidential Information means confidential information of OECM and or any Client (other than confidential information which is disclosed to the Preferred Proponent in the normal course of the RFP) where the confidential information is relevant to the Deliverables required by this RFP, its pricing or the evaluation process; Conflict of Interest means any situation or circumstance where, in relation to the performance of its obligations under the Agreement, the Proponent s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair, or be incompatible with the effective performance of its obligations under the Agreement; Deliverables means the Collection Agency Services identified in this RFP to be delivered or provided by the Preferred Proponent in accordance with the requirements set out in this RFP during the Term of the Agreement; OECM Collection Agency Services RFP Page 9 of 46

10 Eligible Proposal means a Proposal that meets or exceeds a prescribed requirement, allowing it to proceed to the next stage of evaluation; FAA means the Financial Administration Act, R.S.O. 1990, c. F.12, as amended; 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 means the Ontario Education Collaborative Marketplace; OECM s Deadline for Issuing Final Addenda means the date and time set out in Section of this RFP as may be amended from time to time in accordance with the terms of this RFP; Personal Information has the meaning set out in the Agreement; Preferred Proponent means the Proponent that OECM has identified as the highest scoring Proponent in accordance with the evaluation process set out in this RFP; Proponent means an entity that submits a Proposal in response to this RFP and, as the context may suggest refers to a potential Proponent; 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; Proposal means all of the documentation and information submitted by a Proponent in response to the RFP; Rates means the prices 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 # issued by OECM for the provision of Collection Agency Services, including all amendments or addenda thereto; RFP Coordinator is Patti Greer as identified on the front cover and in Section of this RFP; Services means all the services, and work to be provided or performed by the Supplier, under the Agreement, and includes everything that is necessary to be supplied, done, or delivered by the Supplier; Subcontractor includes the Supplier s subcontractors or third party service providers or its 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 to a Client pursuant to an Agreement; Term has the meaning set out in Section 1.10; and, 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. [End of Part 1] OECM Collection Agency Services RFP Page 10 of 46

11 PART 2 - THE DELIVERABLES 2.1 Background Information Some OECM Clients use collection agency Services as an additional resource in the collection of unpaid debt and other delinquent sundry accounts receivable accounts. Debts may be listed with a collection agency after the Client has exhausted all avenues of collection available to them. Client accounts placed with a Supplier shall not be pooled with other accounts received from the Supplier s other customers. Some Client organizations are decentralized; therefore, there may be several departments/divisions using the Services independently within one (1) organization. OECM collected historical data from twelve (12) College Clients. Each organization has differing levels of resources allocated to collecting debt, as well as different policies and practices. The trend for over the past three (3) fiscal years (i.e. 2011, 2012, and 2013) illustrates: Approximate Annual Activity Age of first placements: Accounts placed into collections: Value of collections placed: College Clients days 1,000 for large College Clients >$2M Historical data from the other Clients remains unknown. 2.2 Description of Deliverables The Supplier will deliver experienced professional Services to meet the needs of Clients including the collection of unpaid: Daycare fees; Dental clinic fees; Emergency loans; International student tuition fees; Library fines; Medical fees; Parking fees and fines; Student residence fees; Student tuition fees; and, Trade receivables and other sundry accounts receivable items. The Supplier shall be responsible for: Locating the debtor; Collection of all outstanding accounts placed by the Client; Collecting the full amount of debt plus accrued interest, if applicable (e.g. the Supplier cannot negotiate a different amount with the debtor unless approved by Client); All collection costs (e.g. credit checks, Ministry of Transportation searched, etc.); and, Complying with all government regulations including Collection Agencies Act, FIPPA, and PIPEDA in the jurisdictions where they are applicable. The number of accounts referred to each Supplier is at the sole discretion of the Client. OECM Collection Agency Services RFP Page 11 of 46

12 The scope of this RFP enables ongoing opportunities for a Supplier to work with Clients on innovative and flexible approaches to collection agency Services. 2.3 Proponent Experience and Qualifications Requirements Each Proponent must: Have the ability to collect from debtor s regardless of location (i.e. be licensed and bonded as required by regulation in each Canadian province and territory, or other geographical areas where a debtor may be located); Use licensed collectors; Establish a trust account on behalf of the Client to handle and process payments from debtors; Have a minimum of five (5) years experience in the debt collection business in Canada; and, Possess a multi-tiered approach to collections. 2.4 Client Information Provided to Supplier Information on the debtor provided to the Supplier by the Client will be used solely for the purpose of debt collection. The debtor information shall be transmitted between the Client and the Supplier via a secure process (e.g. FTP site, encrypted ). Debtor s information must be held in strict confidence and used by the Supplier s personnel who have been assigned to work on that particular Client s account. The information cannot be used for any other purpose. Client will provide debtor information, to the Supplier, according to the Client s internal policies, which may include but not be limited to: Full name; Address - current and known past addresses; Age of debt; Amount owing; Date of birth; Debtor identification number, if applicable; Description of outstanding charges; Last date monies received from debtor; Social insurance number; and, Telephone numbers. 2.5 Placements, Recalls and Closing Accounts Debtor accounts will be placed with the Supplier, electronically, as a first, or second placement, meaning: Recalls The first placement means the first instance that the Client has placed the debt with an external collection agency; and, The second placement means the debt has been placed with a previous collection agency. The Client has the right to recall accounts at their sole and absolute discretion without charge or penalty. The Client may place a previously recalled account to the same or different Supplier. OECM Collection Agency Services RFP Page 12 of 46

13 2.5.2 Closing Accounts The Supplier shall inform the Client when it recommends a debtor account be closed (e.g. the account has been paid in full, the debtor has filed for bankruptcy, the debtor has passed away, the debt has been deemed uncollectable), supported with documentation. Clients will not be responsible for paying the Supplier a close-out fee. 2.6 Account Maintenance The Supplier shall maintain an account for each debtor at its own expense. The accounts shall record all contact information (e.g. contact information, payments, transaction details, interest paid). 2.7 Collection Activities When collecting debts on behalf of the Client, the Supplier must be honest, fair and treat debtors with integrity and respect. The Supplier shall not, under any circumstances, use any threats, intimidation, or harassment of a debtor in the collection of accounts or violate any government guideline. The Supplier and its staff will observe debtor rights within the constraints of all provincial and federal laws, statues, and regulations including Collection Agencies Act. All employees of the Supplier must be licensed to collect debt as described by the Ontario Ministry of Consumer and Commercial Relations and in accordance with the laws of the Province of Ontario, and other physical locations where the debtor may be located. The Supplier s staff must be professionally trained and act as an extension of the Client s accounts receivable departments (e.g. potentially provide pre-collection services) Contacting Debtor s The Supplier shall make early contact (e.g. within two (2) days of placement) with delinquent accounts under its name, not the name of the Client, a representative of a court, or any law enforcement agency. All representation shall be as an employee of the Supplier. Therefore, the Supplier would use its name, stating they are calling on behalf of the Client (and disclose the Client s name). To ensure consistency, multiple debtor accounts from one (1) Client shall be handled by the same Supplier employee. Client accounts shall not be pooled. The Supplier shall record telephone calls to debtors for auditing purposes, and the Client s shall have access to listen to the recordings, if necessary. 2.8 Knowledge Transfer The Supplier shall provide transparent Services, including the transfer of knowledge to the Client on its collection processing. 2.9 Legal Action Clients may request the Supplier to take legal action against the debtor. However, the Supplier is not permitted to proceed with legal action on behalf of the Client for non-payment by the debtor unless the Client has provided written authorization to do so. If legal action is recommended, the Supplier shall provide evidence that it is feasible to litigate the account (i.e. confirm assets and stability of the debtor). Such proof shall be in the form of a written request to the Client Site Visits The Proponent shall be willing to arrange for the inspection of its facilities. Additionally, the Supplier shall permit site visits from Clients and or OECM, if requested, at any time during the Term of the Agreement. OECM Collection Agency Services RFP Page 13 of 46

14 2.11 Payments from Debtors The Supplier shall accept full or partial payments (i.e. If the debt cannot be paid in full at one time, the Supplier shall allow partial payments or a payment plan for the debtor) from debtors by cash, cheque, credit card, or online payments. Credit card payments shall be made in accordance with applicable Payment Card Industry ( PCI ) security requirements. The Supplier shall be responsible for any non-sufficient funds ( NSF ) charges resulting from a debtor s payment. The Supplier shall instruct debtors to submit payments to the Supplier and not to the Client directly. The Client, however, will notify the Supplier if any payments have been made directly to them. The Supplier shall provide a receipt to the debtor upon request Payments to Clients The Supplier shall transfer either gross or net proceeds to the Client by the tenth (10 th ) Business Day of the month, one (1) month in arrears. Each Client, when executing a CSA, will specify their preference of either gross or net payments. Given some Clients may have various departments/divisions, there may be different preferences within those particular departments/divisions. If a Client selects gross proceeds, the Supplier shall invoice the Client for its fees. The amounts owed to the Client and to the Supplier shall be clearly delineated and this separation will be clearly maintained in both the Supplier s data and reports provided to the Client. If payments are received by the Client from the debtor, the Client will notify the Supplier when payments are received by the Client for accounts held by the Supplier Payments to Supplier The Supplier shall receive payment for amounts successfully collected only. Payment will not be paid to the Supplier for accounts that have been: Appealed (i.e. no longer in default); Arbitrarily closed at the request of the Client; Granted an extension by the Client and recalled from the Supplier; Paid by debtor within five (5) days of placement; and, Sent to the Supplier in error. The Client will not knowingly refer any accounts where the debtor is under bankruptcy. Note Clients payment terms will not be in effect until Supplier provides an accurate invoice Payment Terms The Client s standard payment terms are net thirty (30) days. Different payment terms may be finalized when executing CSAs Reporting The Supplier shall provide Clients with monthly, and as required, online and hardcopy reporting including, but not limited to: Accounts being recommended for listing on the Credit Bureau; OECM Collection Agency Services RFP Page 14 of 46

15 Accounts paid in full or deemed uncollectible; Activity by Client, and if required by Client s departments/divisions; Aged summary of funds received; Client purchase order number, if applicable; Funds received by account year-to-date; Funds received by account; Name of debtor; Other reports as mutually agreed upon; Outstanding accounts, including interest if applicable; Debtor identification; and, The status of each account. Interest and principal payments must be reported separately. The Supplier will make reasonable efforts to provide customized reports, if required by Clients Expenses With the exception of costs associated with legal actions (set out in Section 2.9), the Supplier will assume all costs related to collecting from a debtor including, but not limited to Credit Bureau reporting, the precollection letter, postage, envelopes, stuffing, paper, pre-printed form, long distance charges, reporting, etc Records and Record Retention The Supplier will guarantee the confidentiality, security, and safety of all hardcopy or electronic files and documents. The Supplier will be fully responsible for maintaining accurate records, correspondence, documents, accounting records, transactions, and other relevant evidence for seven (7) years. All records shall be made available to the Clients for review upon request Agreement Administration and Support The Supplier will be responsible for providing the following customer support and contract management Services for the Term of the Agreement Customer Support The Supplier shall provide effective customer support to all Clients across the Province of Ontario including, but not limited to: An account executive (or a team of personnel lead by an account executive) assigned to Clients to manage the relationship (i.e. expedite and if necessary, escalate issue resolution), and where possible a single customer support point-of-contact should be identified to assist each Client with their collection needs; Easy access to the Supplier (e.g. by toll free telephone number, , voic , and fax); Establishing an ongoing communications program and expectations with the Client; Online access to debtor s accounts; Report complaints received from debtor s within twenty-four (24) hours; Attending meetings, as requested; and, Providing Services, including correspondence, in French language, as required. OECM Collection Agency Services RFP Page 15 of 46

16 Contract Management Support OECM will oversee the Agreement and the Supplier shall provide appropriate contract 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; Attending quarterly meetings with OECM; Potentially scheduled site visits (e.g. quarterly) to the Supplier s business location; Managing issue resolution in a timely manner (with escalation processes to resolve outstanding issues); Review complaints received, Supplier performance, conduct, and establishing areas of improvement; Promoting the use of the Agreement, as set out in Section 1.11 of this RFP, within the Clients; Monitoring and managing pricing and Service quality (including customer support); and, Providing applicable reporting setting out Service activity, by Client Disaster Recovery and Business Continuity The Supplier shall have well-defined disaster recovery and business continuity programs including the process, policies, and procedures related to preparing for recovery or continuation of Services critical to Clients Licenses, Right to Use and Approvals Suppliers shall obtain all licences, right to use and approvals required in connection with the supply of the Services, regardless of the physical location of the debtor. 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. Suppliers, upon request from OECM, shall provide evidence of such licenses, right to use and approvals 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 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. Suppliers are required to comply with the Client s accessibility standards, policies, practices, and procedures, which may be in effect during the Term of the Agreement and which apply to the Deliverables to be provided by the Supplier. The AODA may be found at OECM Collection Agency Services RFP Page 16 of 46

17 2.22 Pricing Methodology The Proponent shall propose maximum Rates in Appendix C Rate Bid Form, and those Rates shall remain firm for the initial Term (i.e. five (5) years) of the Agreement Additional Services Additional Services, if mutually agreed to between OECM and the Supplier may be added during the Term of the Agreement Optional Rate Refresh at Extension of Agreement OECM may request a Rates review when contemplating an Agreement extension, by providing a written notice eleven (11) months prior to the expiry date of the initial Term of the Agreement. If the Rates are mutually agreeable to both parties, they shall become the firm maximum Rates applicable for the extension period of the Agreement, if exercised. If, however, the parties do not agree on the revised Rates, OECM may, by providing written notice, terminate the Agreement at the expiry of the initial Term of the Agreement Saving Calculation OECM tracks, validates, and reports savings on all of its agreements. Once OECM receives the Clients approval, the Supplier will provide OECM with Clients base line information if applicable (e.g. historical collection activities) OECM Cost Recovery Fee As a not-for-profit/non-share corporation, OECM recovers its operating costs through its agreements through Cost Recovery Fees ( CRFs ). CRF s collected through this and other OECM agreements are structured to support OECM s financial model, while providing savings to Clients. The Supplier shall pay to OECM a maximum CRF of three percent (3%), based on the contingency-based Rates charged by the Supplier to the Client for monies recovered from debtors, during the Term of the Agreement. The expectation is that the CRF will be paid to OECM from the Supplier s portion of the contingency-based Rates, not the Client s portion. The CRF shall be paid to OECM by the Supplier on a quarterly basis. Harmonized sales tax ( HST ) is applicable to CRF payments made to OECM. 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 Collection Agency Services RFP Page 17 of 46

18 PART 3 - EVALUATION OF PROPOSALS 3.1 Stages of Proposal Evaluation OECM will conduct the evaluation of Proposals in the following six (6) 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 180 See Appendix E Stage III Demonstration & Presentation No Point Allocation Not Applicable Stage IV Pricing 120 Not Applicable Stage V Cumulative Score No Point Allocation Not Applicable Stage VI Tie Break No Point Allocation See Section Stage I Review of Mandatory Requirements (Pass/Fail) Stage I will consist of a review to determine which Proposals comply with all of the mandatory requirements. During Stage I of the evaluation, Proposals will be examined to ensure that they meet the mandatory requirements. The Proponent must ensure that all mandatory requirements have been addressed satisfactorily in its Proposal, in order for the Proposal to proceed to Stage II of the evaluation process. Any Proposal that is not considered, by OECM, to meet all mandatory requirements will be disqualified and not evaluated further. A Proposal must include the following three (3) completed mandatory forms: Appendix Appendix B Appendix C Appendix F Title of Appendix Form of Offer Rate Bid Form Consortium Information (if applicable) Other than inserting the information requested on the mandatory submission forms set out above, a Proponent may not make any changes to any of the forms. Any Proposal containing any such changes, whether on the face of the form or elsewhere in its Proposal, may be disqualified Form of Offer - Appendix B (Mandatory Form) Each Proposal must include a Form of Offer (Appendix B) completed 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 Collection Agency Services RFP Page 18 of 46

19 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. A Proposal that includes conditions, options, variations or contingent statements that are contrary to or inconsistent with the terms set out in the RFP may be disqualified. If a Proposal is not disqualified despite such changes or Proposals, the provisions of the Form of Offer as set out in this RFP will prevail over any such changes or Proposals in or to the Form of Offer provided in the Proposal Rate Bid Form Appendix C (Mandatory Form) The Rate Bid Form, completed by the Proponent in accordance with the instructions contained below and in Appendix C, provided that the following shall apply: All 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 maximum Rates 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, including those submitted in Appendix G 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 Rate Bid Form may be disqualified Consortium Information Appendix F (Mandatory Form, if applicable) Each Proposal must include a completed and signed Consortium Information (Appendix F) if applicable to the Proponent. 3.3 Stage II Rated Requirements (180 Points) Stage II will consist of an evaluation and scoring of each Eligible Proposal on the basis of rated requirements. Point allocations and minimum thresholds (if any) are set out below and in Appendix E. OECM Collection Agency Services RFP Page 19 of 46

20 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) point score for that requirement. Where the evaluation team cannot reasonably find responses to a rated requirement, a zero (0) point score will be assessed for that rated requirement. The response to each rated requirement in Appendix E should: Be complete (bullet point format is acceptable); Be concise and factual; and, Demonstrate the Proponents understanding of the Client s business needs by providing answers validating its capabilities. Rated Requirement Components Available Points 1. Proponent s Experience and Qualifications Collection Strategy Privacy, Security and Business Continuity Customer Support 30 Minimum Score Required Refer to details on Appendix E TOTAL AVAILABLE POINTS FOR RATED REQUIREMENTS: 180 Points Not Applicable 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. 3.4 Stage III Demonstration & Presentation Session Up to six (6) Proponents with the highest scoring Proposals will be invited to a demonstration/presentation session. For example, if only two (2) Proponents are invited, the Proponent whose Proposal has the highest score will be invited as will the Proponent whose Proposal had the second highest score. It is anticipated that the sessions will occur as set out in Section at the OECM offices. Proponents should ensure its key resources are available to attend the session. OECM will send notices and further detail to the Proponents being asked to present its Proposal and online technology at least five (5) Business Days and not more than ten (10) Business Days in advance of the proposed date and time for the presentation. If a Proponent is unable to conduct the presentation at the proposed date and time, OECM will use reasonable efforts to: (i) find a mutually agreeable time on the date proposed by OECM; and, (ii) if OECM and Proponent are unable to do so, find a mutually agreeable time on OECM Collection Agency Services RFP Page 20 of 46

21 a day prior to the date originally proposed by OECM. Proponents will be required to answer questions from the evaluation team during this session. There may be a time restriction to the question/answer period. OECM reserves the right to revisit the Proponent s scores in the rated requirements based on information learned during the session, should it reveal that there is inconsistency between the Proponent s answers to the rated requirements and the results of the demonstration/presentation session Content The demonstration/presentation session is not an occasion for the Proponent to amend its Proposal. Proponents may be asked to: Exhibit an understanding of the Service requirements; Exhibit the relevance of its experience and qualifications; Explain how its proposed Service offering demonstrates value for money; and, Describe its capacity (e.g. its ability to provide Services to participating OECM Client s) Attendance Up to six (6) Proponent participants may attend the demonstration/presentation session. 3.5 Stage IV Pricing (120 Points) Only at the completion of Stage III, will the package containing Appendix C Rate Bid Form be opened for Eligible Proposals. All Rates applicable to the Services requested in this RFP or identified in the Proposal must be provided in the Proponent s Rate Bid Form (Appendix C). Pricing Components Available Points Contingency-Based Rates: First Placement 75 Second Placement 33 Fee-for-service Rates: Parking Tickets & Fines 6 Legal Support 6 TOTAL AVAILABLE POINTS FOR RATED REQUIREMENTS: 120 Points Each Eligible Proposal will be evaluated and scored using a relative formula (i.e. by dividing that Proponent s price into the lowest bid price) for proposed pricing on the Rate Bid Form. OECM Collection Agency Services RFP Page 21 of 46

22 EXAMPLE OF PRICING EVALUATION FIRST PLACEMENT Proposed Prices Calculation Resulting Points If Proponent 1 proposes the lowest bid Rate, that Proponent will receive 100% of the possible points. If Proponent 3 bids 20%, it will receive the following resulting points. If Proponent 2 bids 24%, it will receive the following resulting points. 18% 18% x % 20% x % 24% x The same above calculations will occur for each pricing component, for all Eligible Proposals. 3.6 Stage V 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 Proposals will become the Preferred Proponents and invited to enter into the Form of Agreement, attached in Appendix A. 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. 3.7 Stage VI - 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 IV Pricing as the Preferred Proponent. 3.8 Execution of Agreement with Preferred Proponent Subject to the requirements of this Section, OECM expects that the Agreement will be finalized including limited negotiations, within fifteen (15) Days after notification of award. Once the Agreement has been finalized, Clients may execute a Client Supplier Agreement with the Supplier. For certainty, OECM makes no commitment to the Preferred Proponent that the Form of Agreement will be agreed upon by OECM. The Preferred Proponent acknowledges that the commencement of any discussions does not obligate OECM to agree to a Form of Agreement. 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 During the post award period, the Supplier will be expected to meet with OECM, as-and-when-required, to discuss an effective collaborative Agreement launch approach. OECM will work closely with the Supplier and requests that, where available, communications and marketing experts join discussions to achieve the desired outcome. [End of Part 3] OECM Collection Agency Services RFP Page 22 of 46

23 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: January 28, 2014 Proponent s Information Session: 3:00pm on February 3, 2014 Proponent s Deadline for Questions: 5:00pm on February 7, 2014 OECM s Deadline for Issuing Addenda: February 11, 2014 Proponent s Deadline for Questions Pertaining to Issued Addenda only: 5:00pm February 12, 2014 OECM s Deadline for Issuing Final Addenda: February 14, 2014 Proponent s Proposal Submission Deadline: 2:00:00pm on February 26, 2014 Target Date for Presentation: Late-March 2014 Anticipated Agreement Start Date: April 2014 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 is not required to, participate in the Proponent Information Session, which will take place at the time set out in Section A Proponent wishing to attend should register, noting its full legal name and the names of the representatives by ing the RFP Coordinator prior to 1:00pm on February 3, 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. OECM Collection Agency Services RFP Page 23 of 46

24 Information provided during this session will be posted on MERX and Biddingo 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 Proposal submissions 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: Patti Greer Title: Strategic Sourcing Manager Patti.Greer@OECM.ca Proponents that fail to comply with the requirement to direct all communications to the RFP Coordinator may be disqualified from this RFP process. Without limiting the generality of this provision, Proponents shall not communicate with or attempt to communicate with the following as it relates to this RFP: Any employee or agent of OECM (other than the RFP Coordinator); Any member of OECM s governing body (such as Board of Governors, Board of Directors, or advisors); Any employee, consultant or agent of 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). OECM Collection Agency Services RFP Page 24 of 46

25 4.2.2 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. 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, OECM Collection Agency Services RFP Page 25 of 46

26 Proponents shall confirm its receipt of all addenda by setting out the number of addenda in the space provided in the Form of Offer. Proponents who intend to respond to this RFP are requested not to cancel the receipt of addenda or amendments option provided by MERX and or Biddingo, since it must obtain through all of the information documents that are issued on MERX and or Biddingo. In the event that a Proponent chooses to cancel the receipt of addenda or amendments, its Proposal may be rejected. 4.3 Proposal Submission Requirements General To be considered in the RFP process, a Proposal must be received on or before the 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 o A completed and signed Appendix B - Form of Offer; and, A completed and signed Appendix F Consortium Information (if applicable). Should include: o o o Appendix D Reference Form; Appendix E Rated Requirements; and, And any other (non-mandatory) information. OECM Collection Agency Services RFP Page 26 of 46

27 Please do not include any financial information in Package 1 Proposal. Package 2 Pricing: Must include: o A completed Appendix C Rate Bid Form. The following table sets out the required number of documents per submission package: Requirements Submit the following quantities in each Package: Package 1 Proposal Package 2 Pricing Original (bound) 1 1 Photocopies (bound) 7 1 Photocopy (unbound) 1 0 Electronic copy (searchable and not locked) 1 1 In the event of a conflict or inconsistency between the original and the electronic copy of the Proposal or the Rate Bid Form, the original 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; 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. OECM Collection Agency Services RFP Page 27 of 46

28 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 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 Services have been identified in its Proposal or will be provided to OECM or its Clients at no additional charge. Any requirement that may be identified by the Proponent after the 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-eighty (180) 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 OECM Collection Agency Services RFP Page 28 of 46

29 received by OECM from a Proponent in response to a request for clarification from OECM may be considered, if accepted, to form an integral part of the Proposal, at OECM s sole and absolute discretion. OECM shall not be obliged to seek clarification of any aspect of any Proposal Verification of Information OECM shall have the right, in its sole discretion, to: Verify any Proponent s statement or claim made in its Proposal or made subsequently in a clarification, interview, site visit, oral presentation, demonstration, or discussion by whatever means OECM may deem appropriate, including contacting persons in addition to those offered as references, and to reject any Proponent statement or claim, if such statement or claim or its Proposal is patently unwarranted or is questionable, which may result in changes to the scores for the Proponent s rated requirements; and, Access the Proponent s premises where any part of the work is to be carried out to confirm Proposal information, quality of processes, and to obtain assurances of viability, provided that, prior to providing such access, the Proponent and OECM shall have agreed on access terms including pre-notification, extent of access, security and confidentiality. OECM and the Proponent shall each bear its own costs in a connection with access to OECM s premises. The Proponent shall co-operate in the verification of information and is deemed to consent to OECM verifying such information, including references Proposal Acceptance The lowest price Proposal or any Proposal shall not necessarily be accepted. While price is an evaluation criterion, other evaluation criteria as set out in Part 3 will form a part of the evaluation process RFP Incorporated into Proposal All provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each Proposal Exclusivity of Contract The Agreement, if any, with the Preferred Proponent will not be an exclusive agreement for the provision of the described Deliverables Substantial Compliance OECM shall be required to reject Proposals, which are not substantially compliant with this RFP No Publicity or Promotion No Proponent, including the Preferred Proponent, shall make any public announcement or distribute any literature regarding this RFP or otherwise promote itself in connection with this RFP or any arrangement entered into under this RFP without the prior written approval of OECM. In the event that a Proponent, including the Preferred Proponent, makes a public statement either in the media or otherwise in breach of this requirement, in addition to any other legal remedy it may have in law, in equity or within the context of this RFP, OECM shall be entitled to take all reasonable steps as may be deemed necessary by OECM, including disclosing any information about a Proposal, to provide accurate information and/or to rectify any false impression which may have been created. OECM Collection Agency Services RFP Page 29 of 46

30 4.4 Execution of Agreement, Notification and Debriefing Selection of Proponent OECM anticipates that Preferred Proponent will be selected within forty-five (45) 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. 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 fortyfive (45) 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. OECM Collection Agency Services RFP Page 30 of 46

31 For the purpose of a protest, OECM will review and address any protest in a timely and appropriate manner. 4.5 Prohibited Communications, Confidential Information and FIPPA Confidential Information of OECM All correspondence, documentation, and information of any kind provided to any Proponent in connection with or arising out of this RFP or the acceptance of any Proposal: Remains the property of OECM and shall be removed from OECM s premises only with the prior written consent of OECM; Must be treated as confidential and shall not be disclosed except with the prior written consent of OECM; Must not be used for any purpose other than for replying to this RFP and for the fulfillment of any related subsequent agreement; and, Must be returned to OECM upon request Confidential Information of the Proponent Except as provided otherwise in this RFP, or as may be required by Applicable Laws, OECM shall treat the 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 Services unless specifically requested. OECM shall maintain the information for a period of seven (7) years from the time of collection. Should OECM request such information, OECM will treat this information in accordance with the provisions of this Section; Use Any personal information as defined in the Personal Information Protection and Electronic Documents Act, S.C. 2005, c.5 that is requested from a Proponent by OECM shall only be used to select the qualified individuals to undertake the Services and to confirm that the work performed is consistent with these qualifications; and, Consent It is the responsibility of the Proponent to obtain the consent of such individuals prior to providing the information to OECM. OECM will consider that the appropriate consents have been obtained for the disclosure to and use by OECM of the requested information for the purposes described. OECM Collection Agency Services RFP Page 31 of 46

32 4.5.5 Non-Disclosure Agreement OECM reserves the right to require any Proponent to enter into a non-disclosure agreement satisfactory to OECM Freedom of Information and Protection of Privacy Act The Freedom of Information and Protection of Privacy Act (Ontario), applies to information provided by Proponents. A Proponent should identify any information in its Proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by OECM and its Clients. The confidentiality of such information will be maintained by OECM, except as otherwise required by law or by order of a court, tribunal, or the Ontario Privacy Commissioner. By submitting a Proposal, including any Personal Information requested in this RFP, Proponents agree to the use of such information for the evaluation process, for any audit of this procurement process, and for contract management purposes Competition Act Under Canadian law, a Proposal must be prepared without conspiracy, collusion, or fraud. For more information, refer to the Competition Bureau website at and in particular, part VI of the Competition Act, R.S.C. 1985, c. C Trade Agreements Proponents should note that procurements coming within the scope of either Chapter 5 of the Agreement on Internal Trade or within the scope of the Trade and Cooperation Agreement between Quebec and Ontario are subject to such agreements, although the rights and obligations of the parties shall be governed by the specific terms of this RFP. For more information, please refer to the Internal Trade Secretariat website at or to the Trade and Cooperation Agreement between Quebec and Ontario at Ontario%20Trade%20and%20Cooperation%20Agreement%20English.pdf Intellectual Property The Proponent shall not use any intellectual property of OECM or Clients, including but not limited to, logos, registered trademarks, or trade names of OECM or Clients, at any time without the prior written approval of OECM and the respective Clients. 4.6 Reserved Rights and Governing Law of OECM General In addition to any other express rights or any other rights, which may be, implied in the circumstances, OECM reserves the right to: (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; OECM Collection Agency Services RFP Page 32 of 46

33 (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 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 Services acquired of a similar nature and previously done work, the Proposal prices exceed the costs OECM or its Clients would incur by doing the work, or most of the work, with its own resources, the Proposal prices exceed the funds available for the Services, or the funding for the acquisition of the proposed Services has been revoked, modified, or has not been approved, and where OECM cancels this RFP, OECM may do so without providing reasons, and OECM may thereafter issue a new request for proposals, request for qualifications, sole source, or do nothing. (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. OECM Collection Agency Services RFP Page 33 of 46

34 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 Rights of OECM Preferred Proponent In the event that the Preferred Proponent fails or refuses to execute the Agreement within forty-five (45) Days from being notified of its position as the Preferred Proponent, OECM may, in its sole discretion: Extend the period for concluding the Agreement, provided that if substantial progress towards executing the Agreement is not achieved within a reasonable period of time from such extension, OECM may, in its sole discretion, terminate the discussions; Exclude the Preferred Proponent from further consideration and begin discussions with the next highest scoring Proponent without becoming obligated to offer to negotiate with all Proponents; and, Exercise any other applicable right set out in this RFP, including but not limited to, cancelling the RFP and issuing a new RFP for the same or similar Services. OECM may also cancel this RFP in the event the Preferred Proponent fails to obtain any of the permits, licences, and approvals required pursuant to this RFP No Liability The Proponent agrees that: Any action or proceeding relating to this RFP process shall be brought in any court of competent jurisdiction in the Province of Ontario and for that purpose the Proponent irrevocably and unconditionally attorns and submits to the jurisdiction of that Ontario court; It irrevocably waives any right to and shall not oppose any Ontario action or proceeding relating to this RFP process on any jurisdictional basis; and, It shall not oppose the enforcement against it, in any other jurisdiction, of any judgement or order duly obtained from an Ontario court as contemplated by this RFP. The Proponent further agrees that if OECM commits a material breach of OECM s obligations pursuant to this RFP, OECM s liability to the Proponent, and the aggregate amount of damages recoverable against OECM for any matter relating to or arising from that material breach, whether based upon an action or claim in contract, warranty, equity, negligence, intended conduct, or otherwise, including any action or claim arising from the acts or omissions, negligent or otherwise, of OECM, shall be no greater than the Proposal preparation costs that the Proponent seeking damages from OECM can demonstrate. In no event shall OECM be liable to the Proponent for any breach of OECM s obligations pursuant to this RFP, which does not constitute a material breach thereof. The Proponent acknowledges and agrees that the provisions of the Broader Public Sector Accountability Act, 2010 shall apply notwithstanding anything contained herein Assignment The Proponent shall not assign any of its rights or obligations hereunder during the RFP process without the prior written consent of OECM. Any act in derogation of the foregoing shall be null and void Entire RFP This RFP and all Appendices form an integral part of this RFP 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. OECM Collection Agency Services RFP Page 34 of 46

35 4.6.7 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 Collection Agency Services RFP Page 35 of 46

36 APPENDIX A FORM OF AGREEMENT The Form of Agreement is posted as a separate PDF file. OECM Collection Agency Services RFP Page 36 of 46

37 APPENDIX B FORM OF OFFER The submission of this Form of Offer is a mandatory requirement of this RFP. Complete the Form of Offer as set out below: Thoroughly review Form of Offer Complete tables in sections # 6, 7 and 8. Insert names of Proponent representative & witness; sign & date in #9. Insert completed Form of Offer as part of Package - 1 Proposal Proposals, which do not comply with all mandatory requirements, may, subject to the express and implied rights of OECM, be disqualified and not be evaluated further. To: From: OECM [Insert Proponent s Name] Re: IN THE MATTER OF our Proposal dated [Insert date] to which this Form of Offer is an integral part the Proposal prepared by [Insert Proponent s Name] and submitted in response to this RFP issued by OECM on January 28, 2014 as amended, regarding the selection of a Proponent to execute the Agreement pursuant to this RFP. I am duly authorized by the Proponent, including the persons, firms, corporations, and advisors joining in the submission of this Proposal, to execute this Form of Offer. I solemnly declare and certify as follows: 1. Offer The Proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required under the RFP. By submitting its Proposal including this Form of Offer, the Proponent agrees and consents to the terms, conditions and provisions of the RFP, including the Form of Agreement, except as otherwise noted, and offers to provide the Services in accordance therewith at the Rates set out in Appendix C - Rate Bid Form. 2. 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-eighty (180) 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. OECM Collection Agency Services RFP Page 37 of 46

38 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 Certificate of Good Standing under the Workplace Safety and Insurance Act (Ontario) as set out in the Form of Agreement. 6. Addenda and Questions/Answers The onus remains on Proponents to make any necessary amendments to its Proposals based on all addenda and question/answer documents issued by OECM prior to OECM s Deadline for Issuing Final Addenda. Addenda and Question/Answers The number of addenda posted = The number of question/answer documents posted = The Proponent is deemed to have read the following: [Enter the number of addenda received, if any.] [Enter the number of question/answer documents received, if any.] 7. Unfair Advantage and Conflict of Interest Statement Prior to completing this Form of Offer, the Proponent is advised to review the definitions of Unfair Advantage and Conflict of Interest set out in Section 1.15 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 declare that any Agreement awarded to the Proponent under the RFP should be terminated. 8. Proponent Information Insert the required information in the table below. Information Required Full legal name of the Proponent is: Any other relevant name under which the Proponent carries on business is: Response [Enter response here.] [Enter response here.] OECM Collection Agency Services RFP Page 38 of 46

39 Information Required Response The jurisdiction under which the Proponent is governed is: [Enter response here.] The name, address, telephone and fax numbers, and address of the Proponent s contact person are: [Enter response here.] The Proponent is licensed to collect debts in Ontario and other Canadian provinces and territories: Yes No The Proponent s business model: [Enter response here.] individual partnership sole proprietorship consortium* corporation *If the Proponent is a consortium, Appendix F must be completed, signed, and submitted with the Proponent s Proposal. 9. Execution of Agreement If its Proposal is selected by OECM, the Proponent agrees to finalize and execute the Agreement substantially in the form set out in the Form of Agreement in accordance with the terms of the RFP. Witness: Proponent s Representative: Signature: Signature: Printed Name: Printed Name: Date: Date: I have the authority to bind the Proponent. OECM Collection Agency Services RFP Page 39 of 46

40 APPENDIX C RATE BID FORM Appendix C is attached as a separate Microsoft Excel file. OECM Collection Agency Services RFP Page 40 of 46

41 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. Company name: Company address: Contact name: Contact telephone number: Contact address: Reference #1 Date work undertaken: From: To: Nature of services: Reference #2 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: Reference #3 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: OECM Collection Agency Services RFP Page 41 of 46

42 APPENDIX E RATED REQUIREMENTS Appendix E is attached as a separate Microsoft Excel file. OECM Collection Agency Services RFP Page 42 of 46

43 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 Collection Agency Services RFP Page 43 of 46

44 APPENDIX G OECM GEOGRAPHICAL ZONES Clients supported by OECM agreements are located in the following five (5) geographical Zones in the Province of Ontario. Refer to Sections 1.5, 1.6 and Appendix H of the RFP as well. OECM Collection Agency Services RFP Page 44 of 46