Basic Information

Reference Number

0000129658

Issuing Organization

University of Ottawa

Owner Organization

Université d'Ottawa

Solicitation Type

RFP - Request for Proposal (Formal)

Solicitation Number

2018044-RFP

Title

University of Ottawa Diploma Frames

Source ID

PU.AC.ON.11752.C80469

Agreement Types

Canada-European Union Comprehensive Economic and Trade Agreement(CETA)

Canadian Free Trade Agreement (CFTA)

Details

Location

Canada, Ontario, Ottawa

Purchase Type

Duration: 3 years
Option: Two (2) one year extensions

Description

PART 1 – INTRODUCTION

1.1Invitation to Proponents
This Request for Proposals (“RFP”) is an invitation by the University of Ottawa and the Alumni Relations Office (the “University”) to prospective Proponents to submit proposals to provide diploma frames its graduates as further described in Part 2 – The Deliverables (the “Deliverables”).

1.2Background
The College of Bytown, now the University of Ottawa, founded in 1848, has grown to become the largest bilingual university in the country, the fourth largest university in Ontario, and one of the National Capital's largest employers. The University of Ottawa employs approximately 7,000 staff and has more than 44,000 full-time and part-time students, with more than 9,500 students graduating each year. It also generates more than $1.5 billion dollars annually for the provincial economy.

The University of Ottawa is one of Canada's leading research-intensive universities, ranking near the top in total research funding in Ontario from the public sector and in Canada from the private sector. Currently, the University of Ottawa boasts over $157 million dollars in available research funding. The University of Ottawa fosters excellence and success in research, whether the research is basic or applied, of intrinsic value, or of commercial importance. The University of Ottawa considers itself to be Canada's university of the 21st century and has launched new initiatives in emerging areas, promoted collaboration within and across faculties, and provided a milieu in which creativity can flourish.

With an operating budget of $1 billion dollars, the University of Ottawa plays a significant role in the Ottawa economy. Third-party purchases total more than $40 million annually (not including capital projects or energy purchases).
Further information regarding the University of Ottawa is available at www.uottawa.ca.

1.3Type of Agreement
The University intends to award a Contract (the “Contract”) to one (1) Proponent for the Part 2 – Deliverables, subject to the terms and conditions of this RFP.
The selected proponent will be requested to enter into negotiation for an agreement with the University for the Provision of the Deliverables at Part 2 and attached Appendices of this RFP.
It is the University’s intention to enter into the Form of Agreement based on the Appendix A of this RFP with only one (1) legal entity with the best proposed offer. The term of the agreement is for three (3) years (the “Term”), with an option to renew for two (2) additional one (1) year period, at the sole discretion of the University.
Such negotiations and the possibility of awarding a contract will be conducted according to the University of Ottawa’s policies and procedures and other legislations and Agreements cited at the following links.
University of Ottawa’s Procurement policies and procedures:
http://procurement.uottawa.ca/procurement-of-services

1.4No Guarantee of Volume of Work or Exclusivity of Contract
The University 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. The University may contract with others for the same or similar Deliverables to those described in the RFP or may obtain the same or similar Deliverables internally.
1.5Bilingualism

The Proponent must abide by the University of Ottawa's bilingualism policy. That is, material and services offered must be available in English as well as French. This includes service on site with bilingual staff, order forms, online services and any other communications performed by the Proponent.

1.6 Use of The University’s Name and Logo
The use of the University’s name, logo, crest, emblem and any other of its official marks or domain name in a Supplier’s official stationary, business cards, publications, advertisements, announcements, web site and in any other material of the Supplier requires the University’s prior written consent.

1.7Cooperative purchasing groups

The University is a member of the Ontario University Procurement Management Association (OUPMA), a cooperative purchasing group. If at any time during the course of this contract other members become interested in participating in this contract (under same terms and conditions), that member may join the contract upon the mutual agreement of the member and the successful Respondent.

1.8 Definitions
Unless otherwise specified in this RFP, capitalized words and phrases have the meaning set out in the BRP.

The following definitions apply:

“Eligible Proposal” means a Proposal that meets or exceeds a prescribed requirement, allowing it to proceed to the next phase.

“Evaluation Committee” means the individuals who have been selected by the University to evaluate the Proposals.

“Preferred Proponent” means the Proponent that the University has identified as the highest-ranked Proponent in accordance with the evaluation process.

“Proponent” or “Proponents” means a Service Provider that submits a Proposal in response to this RFP.

PART 2 – THE DELIVERABLES

2.1Description of Deliverables
2.1.1Purpose of this RFP
The University of Ottawa Alumni Relations Office offers to the University graduates an official University of Ottawa frame that is a distinctive product that symbolically represents the honour and traditions of our institution and will add value to the achievement of its graduates and showcase their pride. The Alumni Relations Office is seeking a supplier for these frames.

Scope of Work

Proponent must be able to furnish approximately 1,500 frames at Convocation (May-June). In addition, the proponent must be able to furnish approximately 750 frames as part of a fulfillment program, on an ongoing basis.

The quantities requested are approximate and reflect the 2017-2018 year consumption (12-month period). These quantities may be more or less during the contractual term and shall not invalidate, at any time, the unit prices quoted. The University of Ottawa will not be bound or committed to any minimum annual purchase.

2.1.3 Important details

The University of Ottawa's coat of arms on the diplomas are gold in color.
Standard frame size should be approximately 12 inches x 15 inches (with an 8 inches x 10 inches opening). The proponent must be prepared to offer custom sized frames upon request. The University also requests the production of a double diploma size frame. The frame should be approximately 20 inches x 24 inches (with two 8 inches x 10 inches opening).

2.1.4 Policy on Ethical Purchasing

The University of Ottawa expects the proponent to adhere strictly to all federal and provincial labor laws and regulations. The University of Ottawa will only select a proponent that can comply to the University of Ottawa’s Ethical Purchasing Policy. Policy no. 98 is available on uOttawa website:

http://www.uottawa.ca/about/policies-and-regulations/administrative-policies#.

2.2         Contract Effective date
The University will send the final contract to the Successful Proponent for signing.
The Successful Proponent should sign the contract within 15 business days of receipt. The contract shall become effective on the date it is signed by the University.

2.3         Alerts
The Supplier shall ensure the Goods/Services meet current safety standards and regulations and advise the University of any discussions with regulatory agencies related to the Goods/Services that may impact the future availability, accessories, or service support of the Goods/Services.

Proponents shall report any recalled Goods/Services to the University within 15 days, advising applicable details (e.g. model number, serial number, etc.) to the University.

The Supplier shall comply with the requirements of any Law in respect to recalled Goods/Services.

2.4         Delivery Address
Will be specified at time of purchase or contract.

[End of Part 2]

PART 3 – EVALUATION OF PROPOSALS

3.1 Stages of Proposal Evaluation
The University will conduct the evaluation of Proposals in the following five (5) stages:
Stage NumberTitle of Evaluation Stage
Stage IMandatory Requirements
Stage IIRated Requirements
Stage IIIPricing

3.1.1 Stage I – Review of Mandatory Requirements
Stage I will consist of a pass/fail review to determine which Proposals comply with all of the mandatory requirements as described at Section 3.2.1 Mandatory Requirements. Proposals which do not comply with all mandatory requirements will be disqualified and not evaluated further.

3.1.2 Stage II – Rated Requirements
Stage II will consist of a scoring, by the University, of each Eligible Proposal on the basis of the rated requirements, and their maximum point and weight allocations, as described at Section 3.2.2 Evaluation of Rated Requirements. Proponent must achieve the minimum score of 70%. Proposals failing to meet such minimum score requirement will not be considered for Stage III.

The University reserves the right to waive any irregularities and/or minor non-compliance, by any Proponent, with the requirements of this RFP.

3.1.3 Stage III– Pricing
Stage III will consist of an evaluation and scoring of pricing submitted by Proponents as set out in Appendix C – Rate Bid Form. The proposed pricing must be presented separately from the Proposal. Short-listed bidders passing Stage II will be considered for further price evaluation.

3.1.4 Cumulative Score
At the conclusion of Stage III, all scores will be added and, subject to the implied rights of the University, the highest scoring Proponent will become the Preferred Proponent and invited to enter into discussions to finalize the terms of the Contract.

Reference checks may be performed to confirm or clarify information provided within the Proponent’s Proposal. The reference checks themselves will not be scored, however the University may adjust rated requirements scoring related to the information obtained during the reference check.
3.1.5 Tie Break
At this stage, where two (2) or more Proposals achieve a tie score on completion of the evaluation process, the successful Proponent will be the Proponent with the highest score in the evaluation of Rated Criteria, as described at Stage II.

3.2 Mandatory Requirements (Pass/Fail)
3.2.1 A Proposal must include the following four (4) mandatory forms, all duly completed in accordance with the instructions contained on the Forms and in this RFP:

AppendixTitle of Appendix
Appendix BForm of Offer
Appendix CRate Bid Form
Appendix DReference Form
Appendix ERFP Particulars – Mandatory and Rated Requirements must be covered with the proposal

Other than inserting the information requested on the mandatory submission forms set out in this RFP, 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.
3.2.2 Form of Offer – Appendix B (Mandatory Form)
Proponent must ensure that Form of Offer (Appendix B) is duly signed by an authorized person.
3.2.3 Rate Bid Form – Appendix C (Mandatory Form)
The Rate Bid Form, completed by the Proponent in accordance with the instructions contained below and in Appendix C, provided that the following shall apply:

All prices shall be provided in Canadian funds and shall include all applicable customs duties, tariffs, overhead, materials, fuel, office support, profit, permits, licenses, labour, carriage, travel expenses, delivery, insurance, Workplace Safety Insurance Board costs, and warranties, and further shall not be subject to adjustment for fluctuation in foreign exchange rates.

·Please note that the following are not admissible disbursements: Parking fees while on Campus (user pay system is in effect); Travel charges (time and km). All costs associated with local telephone calls and local fax transmittals.

All prices shall be quoted exclusive of the harmonized sales tax (HST) or other similar taxes, each of which, if applicable, should be stated separately.
All prices quoted, unless otherwise instructed in this RFP, shall remain firm fixed for the Term of the Contract as set out in the RFP.
Prices must be provided for all items in the Appendix C – Rate Bid Form.
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 Appendix A- Terms and Conditions of the Form of Agreement into its pricing assumptions, calculations and into its proposed Pricing.

A Proposal that includes conditional, optional, contingent or variable rates that are not expressly requested in the Rate Bid Form may be disqualified.
3.2.4 Reference Form Appendix D (Mandatory Form)
Proponent must provide three (3) references in the Reference Form (Appendix D).
3.2.5 Rated Requirements Table – Appendix E (Mandatory Form)
The last two columns of the Appendix E – Mandatory and Rated Requirements tables (“Rated requirements provided, Yes/No” and “Page number where provided”), completed by the Proponent in accordance with the instructions contained within the Form.
3.2.6 Proof of Insurance
By signing the Form of Offer, the Proponent agrees, if selected, to carry insurance as outlined in Appendix A – Terms and Conditions of the 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 Contract or upon request by the University thereafter.
3.2.7 Mandatory Requirements (Mandatory)
In addition to the mandatory forms, the Proponent must meet the following mandatory requirements and provide substantiation of compliance as described below:

No.Mandatory
Requirement (Pass or Fail)

1
The proponent can demonstrate its ability to comply with the University of Ottawa’s Ethical Purchasing Policy (Policy no. 98). See policy at http://www.uottawa.ca/about/policies-and-regulations/administrative-policies#.

2Samples requirement:
The proponent must provide four (4) samples of different styles:
Three (3) samples in standard size, measuring approximately 12 inches x 15 inches (with an 8 inches x 10 inches mat opening)) and
One (1) sample, double diploma, in size measuring approximately 20 inches x 24 inches
These samples must be delivered, between October 29 and 31, 2018 and at the latest by 3:00 P.M. on October 31, to the University of Ottawa Alumni Relations Office. The office is located at 157 Séraphin-Marion, Ottawa, ON K1N 6N5.
Samples will be returned following the evaluation process.

3.3 Evaluation of Rated Requirements (Weight 60%) - Stage II
Proposals that are deemed compliant in Stage I Mandatory Requirements will qualify to be evaluated further.
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 with an index provided to ensure the Evaluation Committee is able to locate particular information.
In the case that contradictory information or information that contains conditional or qualifying statements is provided with respect to a requirement, the University will, in its sole and absolute discretion, determine whether the response complies with the requirements, and may seek clarification from the Proponent. The contradictory or qualifying information may result in the Proponent receiving a low score for that particular rated requirement.
3.3.1 Rated Requirements Response
Proposals should provide the information requested in Appendix E – Rated Requirements and the response to each rated requirement should:

Be submitted in a complete and clear manner.
Demonstrate the Proponent’s understanding of the University’s business needs and should provide a detailed answer to the information requested.
Be provided in the same sequential order as set out below.

The evaluation of the rated criteria has a weight of 60 points.
The following is an overview of the rated requirements of this RFP:
Rated Requirement Components
Experience – 20 points:

Experience in providing services of similar nature

Adhere to strict policies of natural and controlled re-forestation
Quality and Capacity – 30 points:

Offer a variety of molding styles

Mats

Glass for frames – anti-glare and UV protective

Capacity to provide quantities

Capability to deliver
Capability to keep inventory at the supplier’s site between Convocations
Marketing and e-Commerce – 10 points:

Marketing
Capability for online selling via e-commerce cart in both official languages via a toggle or button English to French and French to English

TOTAL AVAILABLE POINTS FOR RATED REQUIREMENTS:
60 Points

Proponent must attain a minimum score of 70% to be short-listed and move to the next stage.
3.4 Evaluation of Pricing (Weight 40%) - Stage III
At the completion of Stage II, all Eligible Proposals will be scored based on the Appendix C – Rate Bid Form submissions, to be provided in a separate document.

The evaluation of the bid price will be scored on 40%. It will be based on a qualitative evaluation of the quality versus pricing, and overall potential of revenue related to the proposed program.

The below illustrates how points will be calculated – 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:

EXAMPLE –PRICING EVALUATION
Proposed PricesCalculationResulting Points
If Proponent 1 proposes on Appendix C the lowest bid price (ex. $150), that Proponent will receive 100% of the possible points (40 points).($150 ÷ $150) x 4040
If Proponent 2 bids $200, it will receive 75% of the possible points.($150 ÷ $200) x 4030
If Proponent 3 bids $300, it will receive 50% of the possible points.($150 ÷ $300) x 4020

The above evaluation will occur for all pricing components for each Eligible Proponent.

3.6 Summary of Stages and Points:
StagesDescriptionPercentage
Stage IMandatory CriteriaPass or Fail

Stage IIRated Requirements 60%

Stage IIIPrice Evaluation 40%

ResultsCumulative Score100%

[End of Part 3]
PART 4 – TERMS AND CONDITIONS OF THE RFP PROCESS

4.1 General Information and Instructions
4.1.1 RFP Timetable
The following is a summary of the key dates for this RFP process:
RFP Timetable
EventDate
Issue Date of RFP:September 18, 2018
Proponent Deadline for Questions:October 10, 2018
5:00 pm EDT
University Deadline for Answering Questions and Addenda:
October 18, 2018

Proposal Submission Deadline:October 31, 2018
3:00 pm EDT
Proponent to deliver samples at the University of Ottawa Alumni Relations Office, located at 157 Séraphin-Marion, Ottawa, ON K1N 6N5Between October 29 and October 31, 2018,
and at the latest by
3:00 p.m. EDT on October 31
Contract AwardDecember 2018

Proposals uploaded after the closing date and time will not be considered.
The University may amend any timeline, including the Proposal Submission Deadline, at its sole and absolute discretion at any time prior to the Proposal Submission Deadline, without liability, cost, or penalty, and within its sole discretion.
4.1.2 Proponents to Follow Instructions
Proponents should structure its Proposals in accordance with the instructions in this RFP. Where information is requested in this RFP, any response made in a Proposal should reference the applicable section numbers of this RFP where that request was made.
4.1.3 University’s Information in RFP Only an Estimate
The University 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.
4.1.4 Proponent’s Costs
Proponents shall bear all costs and expenses incurred by the Proponent relating to any aspect of its participation in this RFP process, including but not limited to all costs and expenses relating to participation in interviews, presentations and/or negotiations.

4.1.5 Language
Proponents may submit their Proposal and any other correspondence to the University in the official language of their choice, either French or English.
4.2 Communication after RFP Issuance
4.2.1 Procurement Services Contact Information
Proponents are expected to promptly review this RFP document, including all of the appendices, attachments and any addenda, and shall report any errors, omissions or ambiguities, and may direct questions or seek additional information on or before the Questions Submission Deadline by posting questions directly into the question module located within Merx. The University is under no obligation to provide additional information.

It is the University’s intention that the terms and conditions in the RFP will apply to the Contract.

4.2.2 Proponents to Review RFP
It is the Proponent’s responsibility to seek clarification on any matter in this RFP that the Proponent considers to be unclear, or to propose any changes with respect to the contract before the Questions Submission Deadline in Section 4.1.1 Timetable of RFP Process.

The University shall not be responsible for any misunderstanding on the part of the Proponent concerning this RFP or its process. The University Contact may respond to any such requests by issuing written addenda. Verbal clarifications shall not be binding. Proponents must not rely upon any statements made by any person other than the University Contact.

Proponents shall promptly examine this RFP and:

shall report any errors, omissions or ambiguities
may submit any questions or seek additional information

The question(s) submitted must specify the RFP Reference Number, section, article and page number, as applicable. The University will make questions received, as well as answers to such questions, publicly available to all Proponents on MERXTM. The University reserves the right to edit questions for clarity and applicability to all Proponents generally. The University will respond to all questions received prior to the Amendment Deadline.

Proponents that fail to comply with the requirement to direct all communications as described above may be disqualified from RFP process. Without limiting the generality of this provision, Proponents shall not communicate with or attempt to communicate with the following:

any employee or agent of the University (other than the Procurement Services Contact)
any member of the Evaluation Committee
any expert or advisor assisting the Evaluation Committee
any member of the University’s governing body (such as Board of Governors, Board of Directors, Board of Advisors or Trustees)
any elected official of any level of government, including any advisor to any elected official

4.2.3 All New Information to Proponents by way of Addenda
This RFP may only be amended by an addendum posted to MERX in accordance with this section.
If the University, 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 posted to MERX. Each addendum shall form an integral part of this RFP.
Such addenda may contain important information including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the University. In the space provided in the Form of Offer, Proponents shall confirm its receipt of all addenda by setting out the number of addenda in the space provided in the Form of Offer.
Proponents who intend to respond to this RFP are requested not to cancel the receipt of addenda or amendments option provided by MERX, since they must obtain through MERX all of the information documents that are issued.
4.3 Proposal Submission Requirements
4.3.1 General
To be considered in the RFP process, a Proponent’s Proposal must be received on or before the Proposal Submission Deadline as set out in Section 4.1.1. Proposals received after the Proposal Submission Deadline shall not be considered.

4.3.2 Proposal Submission Requirements
Proposals must be submitted electronically through MERX, the electronic tendering system used by the University. Proposals submitted in any other manner may be disqualified. Each Respondent shall submit only one (1) electronic copy of its Proposals using MERX Electronic Bid Submission (EBS). Note that “copy” refers to all elements of the Proposals and may consist of multiple electronic files. Each file that makes up the Proposals cannot exceed 100MB and there is no limit on the total size of the Quote (i.e. each individual file has a size limit of 100MB, but the sum of the size of each individual file has no limit). Each Respondent is solely responsible for the delivery of submissions in the manner and time described. The University is not responsible for computer malfunctions, uploading delays or technical difficulties using Merx EBS. Responses are not available to the University for viewing by the Merx EBS until after the Proposals Submission Deadline. Proposals submitted to MERX after the specified closing time will be rejected.

For assistance in using MERX, please watch the online Electronic Bid Submission tutorial:

http://www.youtube.com/watch?v=To0fqSccw3M

Alternatively, Proponents may contact MERX directly at 1-800-964-MERX (6379) or visit the MERX website at www.merx.com

It is important that the Proponents obtain and retain the PIN number assigned to them by MERX in order to upload electronic proposal documents.

4.3.3 Other Proposal Considerations
In preparing its Proposal, the Proponent should adhere to the following:

All pages should be numbered.
The entire content of the proposal must be in fixed form, and the content of the websites, links or other external documents referred to in the proposal will not be considered to form part of the proposal.
The Appendices provided, as appropriate, should be used for completing the Proposal.
Completely address, on a point-by-point basis, each requirement identified in the RFP and the Proposal should be complete in all respects.

4.3.4 Withdrawal or Amendment of Proposal
At any time prior to the Submission Deadline a Proponent may withdraw or amend a submitted proposal using Merx EBS. If a Proponent decides to send a new submission it must be submitted before the Submission Deadline. The latest submission will supersede all others.

4.3.5 Proponent’s Proposals Retained by University
All Proposals submitted by the Proposal Submission Deadline shall become the property of the University and will not be returned to the Proponents.

4.3.6 Amendments to RFP
Subject to Section 4.1.1 and Section 4.2.3, the University shall have the right to amend or supplement this RFP in writing prior to the Proposal Submission Deadline. No other statement, whether written or oral, shall amend this RFP. The Proponent is responsible to ensure it has received all Addenda.

4.3.7 Clarification of Proponent’s Proposals
The University shall have the right at any time after the RFP Proposal Submission Deadline to seek clarification from any Proponent in respect of the Proponent’s Proposal. The University shall not be obliged to seek clarification of any aspect of any Proposal.

Any clarification sought shall not be an opportunity for the Proponent to either correct errors or to change its Proposal in any substantive manner.

4.3.8 Verification of Information
The University shall have the right, at its sole discretion, to verify any Proponent’s statement or claims made in the Proponent’s Proposal or made subsequently in an interview, site visit, oral presentation, demonstration, or discussion by whatever means the University 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.

The University may revisit and re-evaluate Proponent scores on the basis of any such information.

4.3.9 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 Section 3, will form a part of the evaluation process.

4.3.10 No Guarantee of Volume of Work or Exclusivity of Contract
The University makes no guarantee of the value or volume of work to be assigned to the Proponent. The Contract executed with the Proponent will not be an exclusive contract for the provision of the described Services. The University may contract with others for the same or similar Services to those described in this RFP or may obtain the same or similar Services internally.

4.3.11 No Publicity or Promotion
The proponent shall not at any time directly or indirectly communicate with the media in relation to the RFP.

4.4 Execution of Contract, Notification and Debriefing
4.4.1 Selection of Proponent
The Preferred Proponent will receive a written notice of selection by the University’s Procurement Services Contract, or a written invitation to enter into direct negotiations with the University.

4.4.2 Negotiations
The Preferred Proponent, as established under at Stage III may receive a written invitation to enter into direct Contract negotiations with the University. The University intends to conclude negotiations within ten (10) Days commencing from the date the University invites the Preferred Proponent to enter into negotiations.

Any negotiations will be subject to the process rules contained in this Part 4 – Terms and Conditions of the RFP Process and will not constitute a legally binding offer to enter into a Contract on the part of the University or the Proponent. Negotiations may include requests by the University for supplementary information from the Proponent to verify or clarify information provided in its Proposal or to confirm the conclusions reached in the evaluation, and may include requests by the University for improved pricing from the Proponent. The Appendix A – Terms and Conditions of the Form of Agreement is the starting point for negotiations between the University and the Preferred Proponent.

The University shall at all times be entitled to exercise its rights under Section 4.6.

4.4.3 Failure to Enter Into Agreement
In addition to all of University’s other remedies, if the Preferred Proponent fails to execute the Contract or satisfy any other applicable conditions within ten (10) Days of notice of selection, the University may, in its sole and absolute discretion and without incurring any liability, rescind the selection of that Proponent and invite the next-best-ranked Proponent into Contract negotiations.

4.4.4 Contract Award Notification
For open competitive RFX posted on Merx, Procurement Services will post a Contract award notification on Merx subsequent to the execution of a Contract with the successful Supplier. The Contract award notification will list the name of the successful Supplier, the Contract start and end dates, and any extension options. For invitational competitive RFX, only the successful Supplier will be contacted, in writing, by Procurement Services.

4.4.5 Debriefing
Suppliers may request a debriefing after receipt of a notification of award. All requests must be in writing to the University Procurement Services Contact and must be made within sixty (60) days of notification of award. The intent of the debriefing information session is to aid the Supplier 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.

4.4.6 Bid Dispute Resolution
If a Proponent wishes to challenge the RFP process or outcome, it should provide written notice to the University Procurement Services Contact within thirty (30) days of notification of award, and the University will respond in accordance with its bid protest procedures.

4.5 Prohibited Communications, Confidential Information and FIPPA
4.5.1 Confidential Information of the University
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 the University and shall be removed from the University’s premises only with the prior written consent of the University.
Must be treated as confidential and shall not be disclosed except with the prior written consent of the University.
Must not be used for any purpose other than for replying to this RFP and for the fulfillment of any related subsequent agreement.
Must be returned to the University upon request.

4.5.2 Confidential Information of the Proponent
Except as provided otherwise in this RFP, or as may be required by Laws, the University shall treat the Proponents’ Proposals and any information gathered in any related process as confidential, provided that such obligation shall not include any information that is or becomes generally available to the public other than as a result of disclosure by the University.

4.5.3 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 Proponent’s Proposal.

If a portion of a Proponent’s Proposal is to be held confidential, such provisions must be clearly identified in the Proposal.

4.5.4 Personal Information
Any recorded information about an identifiable individual (“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. The University shall maintain the information for a period of seven (7) years from the time of collection. Should the University request such information; the University 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 each Proponent by the University shall only be used to select the qualified individuals to undertake the project/services and to confirm that the work performed is consistent with these qualifications.
Consent – It is the responsibility of each Proponent to obtain the consent of such individuals prior to providing the information to the University. The University will consider that the appropriate consents have been obtained for the disclosure to and use by the University of the Requested Information for the purposes described.

4.5.5 Non-Disclosure Agreement
The University reserves the right to require any Proponent to enter into a non-disclosure agreement satisfactory to the University.

4.5.6 Freedom of Information and Protection of Privacy Act
The Freedom of Information and Protection of Privacy Act (Ontario), applies to information provided by Proponents. A Proponent should identify any information in its Proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the University. The confidentiality of such information will be maintained by the University, 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.

4.5.7 Competition Act
Under Canadian law, a Proponent’s Proposal must be prepared without conspiracy, collusion, or fraud. For more information on this topic, visit the Competition Bureau website at http://www.cb-bc.gc.ca/eic/site/cb-bc.nsf/eng/01240.html, and in particular, part VI of the Competition Act, R.S.C. 1985, c. C-34.

4.6 Reserved Rights and Governing Law of the University
4.6.1 General
In addition to any other express rights or any other rights, which may be, implied in the circumstances, the University reserves the right to:

Make public the names of any or all Proponents
Accept Proposals that substantially comply with the requirements of this RFP, in the University’s sole discretion.
Disqualify any Proponent whose Proposal contains misrepresentations or any other inaccurate or misleading information, or any Proponent whose reasonable failure to cooperate with the University impedes the evaluation process, or whose Proposal is determined to be non-compliant with the requirements of this RFP.
Disqualify a Proposal where the Proponent has or the principals of a Proponent have previously breached a contract with the University, or has otherwise failed to perform such contract to the reasonable satisfaction of the University, the Proponent has been charged or convicted of an offence in respect of a contract with the University, 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 the University.
Disqualify any Proposal of any Proponent who has breached any 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.
Select any Proponent other than the Proponent whose Proposal reflects the lowest cost to the University.
Discuss with any Proponent different or additional terms to those contained in this RFP or in any Proponent’s Proposal.

Reject any or all Proposals in its absolute discretion, including where a Proponent has launched legal proceedings against the University or is otherwise engaged in a dispute with the University, or where Proposal prices exceed the funds available.

Cancel this RFP process at any stage without liability and without providing reasons, and the University may thereafter issue a new RFP, request for qualifications, sole source, or do nothing.

4.6.2 No Liability
The Proponent agrees that if the University commits a material breach of the University’s obligations pursuant to this RFP, the University’s liability to the Proponent, and the aggregate amount of damages recoverable against the University 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 the University, shall be no greater than the Proposal preparation costs that the Proponent seeking damages from the University can demonstrate. In no event shall the University be liable to the Proponent for any breach of the University’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.

4.6.3 Condition Precedent to a Binding Contract
The RFX and the submission of a Proposal do not, nor does the RFX process in and of itself, create a legally binding Contract. A condition precedent of any selection of a Proposal or intention to award a Contract or to issue a purchase order is that the University and the Supplier successfully negotiate and execute a Contract. It is only upon the signing of a Contract by the University and the successful Supplier that the condition of any written acceptance or selection of a Proposal or intention to award a Contract or intention to issue a purchase order is waived and the University and the successful Supplier become legally bound to the other to perform the obligations under the Contract.

4.6.4 Trade Agreements – CFTA and CETA
Proponents should note that procurements falling subject to the Canadian Free Trade Agreement (CFTA) and the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), but that the rights and obligations of the parties should be governed by the specific terms of each particular tender call. For further reference, please see the web site at

CFTA: https://www.cfta-alec.ca/
CETA:http://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/ceta-aecg/index.aspx?lang=eng

4.6.5 Governing Law
The RFP and the RFP process are governed by applicable Laws and by the University’s Policies and Procedures, including without limitation, its policies and procedures on ethical purchasing and environmental protection.

[End of Part 4]

Dates

Publication

2018/09/18 01:45:16 PM EDT

Bid Intent

Not Available

Question Acceptance Deadline

2018/10/10 05:00:00 PM EDT

Questions are submitted online

Yes

Closing Date

2018/10/31 03:00:00 PM EDT

Contact Information

Carole Dessureault

6135625800 ext. 6559

carole.dessureault@uottawa.ca

Buyer Preferences, Guidelines & Requirements

General Requirements

- Insurance Required

Bid Submission Process

Bid Submission Type

Electronic Bid Submission

Pricing

In attached document

Bid Documents List

Item Name	Description	Mandatory	Limited to 1 file
Main Proposal with Appendices B, D, E, F	Proposal and appendices B, D, E, F	Yes	No
Appendix C Rate Bid Form	Rate Bid Form to be filed separately	Yes	No
No entries

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