[CLIENT LOGO]
Request for ProposalsFor
[**Insert Title of RFP**]
Request for Proposals No.: [**Insert RFP Number**]
Issued: [**Insert Date of Issue**]
Submission Deadline: [**Insert Date and Time**]
TABLE OF CONTENTS
PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS
1.1Invitation to Proponents
1.2RFP Contact
1.3Type of Contract for Deliverables
1.4RFP Timetable
1.5Submission of Proposals
PART 2 – EVALUATION AND NEGOTIATION
2.1Stages of Evaluation and Negotiation
2.2Stage I – Mandatory Requirements
2.3Stage II – Evaluation
2.4Stage III – Pricing
2.5Stage IV – Ranking and Contract Negotiations
PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS
3.1General Information and Instructions
3.2Communication after Issuance of RFP
3.3Notification and Debriefing
3.4Conflict of Interest and Prohibited Conduct
3.5Confidential Information
3.6Procurement Process Non-binding
3.7Governing Law and Interpretation
APPENDIX A – RFP PARTICULARS
A. THE DELIVERABLES
B. MATERIAL DISCLOSURES
C. MANDATORY REQUIREMENTS
D. RATED CRITERIA
APPENDIX B – PRICING FORM
APPENDIX C – FORM OF AGREEMENT
APPENDIX D – SUBMISSION FORM
PART 1 – INVITATION AND SUBMISSION INSTRUCTIONS
1.1Invitation to Proponents
This Request for Proposals (the “RFP”) is an invitation by the Government of Saskatchewan(“Purchasing Entity”) to prospective proponents to submit proposals for the provision of [**Insert title of RFP**], as further described in the RFP Particulars (Appendix A)(the “Deliverables”).
[**Insert initial mapping statement here: this should be an overview the Deliverables, together with a summary of any unusual aspects of the RFP process**]
[**Consider inserting brief description of Purchasing Entity here**]
1.2RFP Contact
For the purposes of this procurement process, the “RFP Contact” will be:
[**Insert contact information of Contact**]
Proponents and their representatives are not permitted to contact any employees, officers, agents, elected or appointed officialsor other representatives of Purchasing Entity, other than the RFP Contact, concerning matters regarding this RFP. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal.
1.3Type of Contract for Deliverables
[**revise this clause as appropriate**]The selected proponent(s) will be requested to enter into direct contract negotiations to finalize an agreement with Purchasing Entity for the provision of the Deliverables. Purchasing Entity expects the terms and conditions set out in the Form of Agreement in Appendix C to be included in the final negotiated agreement with the selected proponent(s). Proponents choosing to participate in this RFP process should be prepared to accept those terms and conditions, subject only to minor changes that may be mutually agreed upon in the negotiation process. It is Purchasing Entity’s intention to enter into an agreement with[** number of legal entities**].[the following information may be placed here or in the mapping statement above]The term of the agreement is to be for a period of [**Set out Months or Years**], with an option in favour of Purchasing Entity to extend the agreement on the same terms and conditions for an additional term of up to [**insert length of additional optional term(s) if applicable**].
1.4RFP Timetable
Issue Date of RFP / [**Insert date**] (mandatory)Deadline for Questions / [**Insert date**] (mandatory)
Deadline for Issuing Addenda / [**Insert date**] (mandatory)
Submission Deadline / [**Insert date and time**] (mandatory)
[Anticipated Ranking of Proponents] / [**Insert date**] (optional)
[Contract Negotiation Period] / [**Insert number of days**] (optional)
Anticipated Contract Start Date / [**Insert date**] (mandatory)
The RFP timetable is tentative only, and may be changed by Purchasing Entity at any time.
1.5Submission of Proposals
[**insert Submission instructions as applicable **]
1.5.1Proposals to be Submitted at the Prescribed Location
Proposals must be submitted:
[**Insert the method and location for proposal submission**]
1.5.2Proposals to be Receivedon Time
Proposals must be received at the location set out above on or before the Submission Deadline. Proposals received after the Submission Deadline will not be accepted.
Onus and responsibility rests solely with the proponent to deliver its proposal to the exact location (including floor, if applicable) indicated in this RFP on or before the Submission Deadline. Purchasing Entity does not accept any responsibility for submissions delivered to any other location by the proponent or its delivery agents. Proponents are advised to make submissions well before the deadline. Proponents making submissions near the deadline do so at their own risk.
1.5.3Proposals to be Submitted in Prescribed Format
Proponents should submit [**Insert number, type of copies, or other applicable details**] of their proposal. If there is a conflict or inconsistency between a hard copy and an electronic copy of a proposal, the hard copy of the proposal will prevail. Proposals should be prominently marked with the RFP title and number (see RFP cover), with the full legal name and return address of the proponent.
1.5.4Amendment of Proposals
Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a sealed package [**or such other alternate method**]prominently marked with the RFP title and number and the full legal name and return address of the proponent to the location set out above. Any amendment should clearly indicate which part of the proposal the amendment is intended to amend or replace.
1.5.5Withdrawal of Proposals
At any time prior to the execution of a written agreement for provision of the Deliverables, a proponent may withdraw a submitted proposal. To withdraw a proposal, a notice of withdrawal must be received by the RFP Contact and should be signed by an authorized representative of the proponent. Purchasing Entity is under no obligation to return withdrawn proposals.
[End of Part 1]
PART 2– EVALUATION AND NEGOTIATION
2.1Stages of Evaluation and Negotiation
Purchasing Entityexpects to conduct the evaluation of proposals and negotiations in the following stages:
2.2Stage I – Mandatory Requirements
Stage I is expected to consist of a review to determine which proposals comply with all of the mandatory requirements. If a proposal fails to satisfy any mandatory requirement, Purchasing Entitymay choose, in its sole discretion, to not evaluate such proposals further. The mandatory requirements are detailed in Appendix A.
2.2.1Submission Form (Appendix D)
Each proposal should include a Submission Form (Appendix D), or a document containing the information requested by the Submission Form, completed and signed by an authorized representative of the proponent.
2.2.2Pricing Form (Appendix B)
Each proposal should include a Pricing Form (Appendix B), or a document containing the information requested by the Pricing Form, completed in accordancewith the instructions contained in the form.
2.3Stage II – Evaluation
Purchasing Entitywill evaluate each qualified proposal on the basis of the rated criteria as set out in Section D of the RFP Particulars (Appendix A).
2.4Stage III– Pricing
Stage III will consist of a scoring of the submitted pricing in accordance with the price evaluation method set out inthe Pricing Form (Appendix B). The evaluation of price will be undertaken after the evaluation of mandatory requirements and rated criteria has been completed[**Alternatively, Purchasing Entity may choose to combine pricing evaluation with rated criteria, or otherwise structure the evaluation and amend and renumber 2.3 and 2.4 accordingly**].
2.5Stage IV–Ranking and Contract Negotiations
2.5.1Ranking of Proponents
After the completion of Stage II and III, all scores from the previous stages will be added together and the proponents will be ranked based on their total scores. The top-ranked proponent(s) will receive a written invitation to enter into direct contract negotiationsto finalize the agreement with Purchasing Entity. [**this may be expanded or amended as applicable**]
Prior to, or in conjunction with, the selection of the top-ranked proponent(s), it may be necessary for Purchasing Entity to obtain approval, including without limitation, from its management committee, its Board of Directors, the Crown Investments Corporation, and/or the Government of Purchasing Entity. [**amend as applicable**]
2.5.2Contract Negotiation Process
Any negotiations will be subject to the process rules contained in the Terms and Conditions of the RFP Process (Part 3) and will not constitute a legally binding offer to enter into a contract on the part of Purchasing Entity or the proponent and there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. The terms and conditions in the Form of Agreement in Appendix C are intended to be included in the final negotiated agreement with the selected proponent. Negotiations may include requests by Purchasing Entity for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by Purchasing Entity for improved pricing or performance terms from the proponent.
[**may choose to revise includingdifferent wording to allow for a quick start agreement**]
2.5.3Time Period for Negotiations
Purchasing Entity intends to conclude negotiations and finalize the agreement with the top-ranked proponent [** identify if it is to be during the Contract Negotiation Period, such other period, or if there is no reference to a Contract Negotiation Period (the inclusion of this phrasealso depends on whether such a date is put in the RFP time table), commencing on the date Purchasing Entity invites the top-ranked proponent to enter negotiations**]. A proponent invited to enter into direct contract negotiations should [**therefore**] be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously.
2.5.4Failure to Enter into Agreement[**revise as applicable**]
[**If the parties cannot conclude negotiations and finalize the agreement for the Deliverableswithin or after the Contract Negotiation Period (if applicable)**],Purchasing Entity may[** at any time**]at its sole discretion,discontinue negotiations with the top-ranked proponent and may invite the next-best-ranked proponent to enter into negotiations. This process will continue until an agreement is finalized, until there are no more proponents remaining that are eligible for negotiations or until Purchasing Entity elects to cancel the RFP process.
[End of Part 2]
PART 3 – TERMS AND CONDITIONS OF THE RFP PROCESS
3.1General Information and Instructions
3.1.1Proponents to Follow Instructions
Proponents should structure their 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.
3.1.2Proposals in English
All proposals are to be in English only.
3.1.3No Incorporation by Reference
The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal, but not attached,may not be considered to form part of its proposal. If proponents wish to reference websites or external documents, they should obtainthe approval of the RFP Contact prior to the Submission Date. Proponents are responsible for ensuring that all external content that is referenced is accurate, and are to provide notice to Purchasing Entity of any changes that may arise after submission. Purchasing Entitymay, at any time, require a proponent to provide a hard copy of some or all of the external content referenced. [** or amend as applicable**]
3.1.4References and Past Performance
In the evaluation process,Purchasing Entitymay consider information provided by the proponent’s references and may also considerinformation independently obtained by Purchasing Entity about the proponent or its proposal in the course of Purchasing Entity’s own due diligence, including any previous dealings or experience, if any, with a proponent.Purchasing Entitymaycontact any of the proponent’s customers who Purchasing Entity believes may be able to provide information about the proponent that would be pertinent to this RFP.
3.1.5Information in RFP Only an Estimate
Purchasing Entity and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this RFP or issued by way of addenda. Any quantities shown or 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 scale and scope of the Deliverables[**or indicate what information that may be relied upon**]. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this RFP.
3.1.6Proponents to Bear Their Own Costs
The proponent will [**or Purchasing Entity will; or such other arrangements as may be proposed**]bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations.
3.1.7Proposal to be Retained by Purchasing Entity
Purchasing Entity will not return the proposal or any accompanying documentation submitted by a proponent.
3.1.8Trade Agreements
Proponents should note that procurements falling within the scope of Chapter 5 of the Canadian Free Trade Agreement (CFTA)and/or the New West Partnership Trade Agreement (NWPTA)and/or the Agreement on Government Procurement are subject to those trade agreements, but that the rights and obligations of the parties will be governed by the specific terms of this RFP.
3.1.9No Guarantee of Volume of Work or Exclusivity of Contract
[** amend this section as applicable**]Purchasing Entity makes no guarantee of the value or volume of work to be assigned to the successful proponent. The agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. Purchasing Entity may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally.
3.2Communication after Issuance of RFP
3.2.1Proponents to Review RFP
Proponents should promptly examine all of the documents comprising this RFP, and should direct questions or seek additional information [**indicate how – e.g. in writing, by email, etc.**] to the RFP Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the RFP Contact. Purchasing Entity is under no obligation to provide additional information, and Purchasing Entity is not responsible for any information provided by or obtained from any source other than the RFP Contact. It is the responsibility of the proponent to seek clarification from the RFP Contact on any matter it considers to be unclear. Purchasing Entity is not responsible for any misunderstanding on the part of the proponent concerning this RFP or its process.
3.2.2All New Information to Proponents by Way of Addenda
This RFP may be amended only by addendum in accordance with this section. If Purchasing Entity, 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 addendum. Any information obtained in a method other than an addendumshould not be relied upon. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by Purchasing Entity.
3.2.3Post-Deadline Addenda and Extension of Submission Deadline
If Purchasing Entity determines that it is necessary to issue an addendum after the Deadline for issuing Addenda, Purchasing Entity may extend the Submission Deadline for a reasonable period of time.
3.2.4 Verify, Clarify and Supplement
When evaluating proposals, Purchasing Entity may at its sole discretion request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in a proposal. The response received by Purchasing Entity shall, if accepted by Purchasing Entity, form an integral part of the proponent’s proposal.
Purchasing Entity may consider information independently obtained by Purchasing Entity about the proponent or its proposal in the course of Purchasing Entity’s own due diligence, including any previous dealings or experience by it or others, if any, with a proponent.
3.2.5Time Disputes
In the event of a disputeregarding time, Purchasing Entity’s time clock will govern.
3.3Notification and Debriefing
3.3.1Notification to Other Proponents
Once an agreement is signed by Purchasing Entity and a proponent, the other proponents will be notified. Proponents may be notified directly or by public posting in the same manner that this RFP was originally posted of the outcome of the procurement process.
3.3.2Debriefing
Proponents who submitted a proposal may request a debriefingafter receipt of a notification of the outcome of the procurement process. All requests must be made in writing to the RFP Contact within thirty (30) calendar days of notification. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome.
3.4Conflict of Interest and Prohibited Conduct
3.4.1Conflict of Interest
Purchasing Entity may disqualify a proponent, or take any other action it deems appropriate in its sole discretion, for any conduct, situation or circumstances, determined by Purchasing Entity, in its sole and absolute discretion, to constitute a Conflict of Interest.
For the purposes of this RFP, “Conflict of Interest” includes any situation or circumstance where, in relation to a Purchasing Entity procurement competition, a participating proponent has an unfair advantage, a perception of an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including:
(a)having, or having access to, information in the preparation of its proposal that is not available to other proponents, but such does not include information a proponent may have obtained in the past performance of a contract with a public entity, including Purchasing Entity, that is not related to the creation, implementation or evaluation of this or a related procurement competition;
(b) communicating with any person with a view to influencing preferred treatment in this procurement competition (including but not limited to the lobbying of decision makers involved in this procurement competition); or
(c)engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive procurement competition or renders that competition non-competitive, less competitive, or unfair.
(d)[**one or more of the following clauses is/are be included in the procurement documents and/or resulting contracts:
Proponents are to fully disclose, in writing to the public entity on or before the Submission Date, the circumstances of any actual or potential Conflict of Interest, as well as what could be perceived as a Conflict of Interest if the vendor were to become a contracting party pursuant to the RFP. Purchasing Entitywill review all disclosures made by proponents under this provision and take such steps as it, in its sole discretion, deems necessary to address any Conflict of Interest, which may include requiring the proponent to take action to address and remedy the Conflict of Interest to the satisfaction of Purchasing Entity or disqualifying the proponent from further participation;