Amendment #4, Solicitation Number 24-58222
Title: Visible Fizeau Interferometer
Publication Date: February 28, 2025.
Closing Date and Time: March 5, 2025 at 2:00 PM EDT.
This amendment is raised to answer a question to the solicitation.
QUESTION TO THE SOLICITATION
Question 3
With regards to subjected solicitation in Annex A - Statement of Requirement, Section 1.0 for specification 1.1.7 "The Interferometer must have a Root-Mean-Square (RMS) Wavefront repeatability 2k x 2k pixel digital camera;
1.1.4 The Camera must have a >170 Hz frame rate;
1.1.5 The Interferometer must have a wavelength of 633 +/-1 nm;
1.1.6 The Interferometer must have a vibration insensitive measurement method;
1.1.7 The Interferometer must have a Root-Mean-Square (RMS) Wavefront repeatability 5.6 cycles/mm at 0.7 ITF;
1.1.9 The Interferometer must include software and a computer;
1.1.10 The Interferometer must be compatible with 4” Zygo smart accessories (transmission flats, spheres, return optics, etc).
*RMS Wavefront Repeatability is defined by the mean RMS difference plus 2X the standard deviation for the differential between all even numbered measurements and a synthetic reference (defined as the average of all odd numbered measurements); 36 sequential measurements (16 averages) at 1X zoom form the basis for calculation.
2.0 Installation:
- The Contractor must provide on-site installation service for the requirement as described in item 1.0 Specifications. The Contractor must ensure that the installed items are correctly adjusted, calibrated, and serviced such that the equipment is ready for operational use on delivery.
3.0 Manuals, Training, and Warranty
3.1 Manuals:
- The Contractor must deliver one (1) complete set of manuals/documentation, in English with the deliverables in both hard and soft copy.
- This documentation must include all publications pertaining to technical specifications, calibration records, installation requirements and operating instructions.
- All electronic copies must be in Adobe PDF format delivered on USB drive, CD or DVD.
3.2 Training
- The Contractor must provide on-site training for one (1) person immediately following installation. - Training must include operation and manipulation of the equipment.
- The training must include but not be limited to product functionality, product features and limitations.
3.3 Warranty:
- The warranty coverage of the Interferometer must include a two-year (24 month) manufacturer’s warranty which includes all parts, labour and shipping.
PART 1 – GENERAL INFORMATION
1.1 Security Requirements
The Security Requirement Check List (SRCL) is attached at Annex C and forms part of this Request For Proposal (RFP).
1.2 Statement of Requirement
To provide one (1) Visible Fizeau Interferometer in accordance with the detailed Statement of Requirement attached as Annex A.
1.3 Debriefings
Bidders may request a debriefing on the results of the bid solicitation process. Bidders should make the request to the Contracting Authority within 15 working days from receipt of the results of the bid solicitation process. The debriefing may be in writing, by telephone or in person.
PART 2 - BIDDER INSTRUCTIONS
2.1 Standard Instructions, Clauses and Conditions
All instructions, clauses and conditions identified in the bid solicitation by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual (https://canadabuys.canada.ca/en/how-procurement-works/policies-and-guidelines/standard-acquisition-clauses-and-conditions-manual) issued by Public Works and Government Services Canada.
Although the CanadaBuys site describes the clauses and conditions as archived, the clauses and conditions are valid. The Government of Canada is in the process of updating all contract templates.
Until the new process is in effect, NRC will be using the clauses and conditions labelled as archived.
To access the various clauses and conditions, please follow the instructions below.
You are invited to submit one electronic Technical Bid and one electronic Financial Bid in two separate attachments to fulfil the following requirement forming part of this Request for Proposal (RFP). One attachment must be clearly marked ‘Technical Bid’ and the other attachment must be marked ‘Financial Bid’. All financial information must be fully contained in the Financial Bid, and only in the Financial Bid. Bidders who provide financial information in the technical bid will be disqualified. All Bids should include the front page of this RFP duly completed.
2010A (2022-12-01), General Conditions - Goods (Medium Complexity), apply to and form part of the Contract.
Bidders who submit a bid agree to be bound by the instructions, clauses and conditions of the bid solicitation and accept the clauses and conditions of the resulting contract.
Bids submitted must be valid for not less than sixty (60) calendar days from the closing date of the RFP.
2.1.1 It is the Bidder's responsibility to:
(a) return a signed copy of the bid solicitation, duly completed, IN THE FORMAT REQUESTED;
(b) direct its bid ONLY to the Bid Receiving address specified under 2.3 Submission of Bids;
(c) ensure that the Bidder's name, the bid solicitation reference number, and bid solicitation closing date and time are clearly visible;
(d) provide a comprehensive and sufficiently detailed bid, including all requested pricing details, that will permit a complete evaluation in accordance with the criteria set out in the bid solicitation.
Timely and correct transmission of bids to the specified bid email address is the sole responsibility of the Bidder. The National Research Council Canada (NRC) will not assume or have transferred to it those responsibilities. All risks and consequences of incorrect transmission of bids is the responsibility of the Bidder.
2.1.2 Bids may be accepted in whole or in part. The lowest or any bid will not necessarily be accepted. In the case of error in the extension of prices, the unit price will govern. NRC may enter into contract without negotiation.
2.1.3 While NRC may enter into contract without negotiation, Canada reserves the right to negotiate with bidders on any procurement.
2.1.4 Notwithstanding the bid validity period stipulated in this solicitation, Canada reserves the right to seek an extension from all responsive bidders, within a minimum of three (3) days prior to the end of such period. Bidders shall have the option to either accept or reject the extension.
2.1.5 If the extension referred to above is accepted, in writing, by all responsive bidders, Canada will continue with the evaluation of the bids and its approval processes.
2.1.6 If the extension referred to above is not accepted, in writing, by all responsive bidders, Canada will, at its sole discretion, either continue to evaluate the bids of those who have accepted the extension and seek the necessary approvals; or cancel the solicitation; or cancel and reissue the solicitation.
2.2 Condition of Material – Bid
Material supplied must be new and conform to the latest issue of the applicable drawing, specification and/or part number that is in effect on the bid solicitation closing date.
2.3 Submission of Bids
Bids must be submitted only electronically to the National Research Council Canada (NRC) Bid Receiving email address, no later than 14:00 EST (NRC's Server Time), February 26, 2025, to the following NRC email address:
NRC.BidReceiving-ReceptiondesSoumissions.CNRC@nrc-cnrc.gc.ca
The NRC has restrictions on incoming e-mail messages. The maximum e-mail message size including all file attachments must not exceed 10MB. Zip files or links to bid documents will not be accepted. Incoming e-mail messages exceeding the maximum file size and/or containing zip file attachments will be blocked from entering the NRC e-mail system. A bid transmitted by e-mail that gets blocked by the NRC e-mail system will be considered not received.
Bids must not be sent directly to the Contracting Authority.
All submitted bids become the property of NRC.
Due to the nature of the bid solicitation, hard copy bids (paper or soft copies on media) and bids transmitted by facsimile to NRC will not be accepted.
2.4 Late Bids
All risks and consequences of incorrect delivery of electronic bids are the responsibility of the Bidder. The National Research Council Canada will not be responsible for late bids received at destination after the closing date and time, even if it was submitted before. Electronic bids received after the indicated closing time based on NRC servers’ received time will be irrevocably rejected. Bidders are urged to send their bid in sufficient time, in advance of the closing time to reduce any technical issues. The National Research Council Canada will not be held responsible for bids sent before closing time but received by the NRC servers after the closing time.
2.5 Enquiries - Bid Solicitation
All enquiries must be submitted in writing to the Contracting Authority no later than five (5) calendar days before the bid closing date. Enquiries received after that time may not be answered.
To ensure the equality of information among Bidders, responses to general enquiries will be made available to all bidders unless such publications would reveal proprietary information. The bidder who initiates the question will not be identified. Technical questions that are considered proprietary by the bidder must be clearly identified. NRC will respond individually to the bidder if it considers the questions proprietary. If NRC does not consider the question proprietary, the bidder submitting it will be allowed to withdraw the question, or have the question and answer made available through the Open Bidding System (OBS) to all bidders.
Bidders who attempt to obtain information regarding any aspect of this RFP during the solicitation period through any NRC contacts other than the Contracting Authority identified herein, may be disqualified (for that reason alone).
It is the responsibility of the Bidder to obtain clarification of the requirement contained herein, if necessary, prior to submitting its proposal. The Bidder must have written confirmation from the Contracting Authority for any changes, alterations, etc., concerning this RFP.
Bidders should reference as accurately as possible the numbered item of the bid solicitation to which the enquiry relates. Care should be taken by Bidders to explain each question in sufficient detail in order to enable Canada to provide an accurate answer. Technical enquiries that are of a proprietary nature must be clearly marked "proprietary" at each relevant item. Items identified as "proprietary" will be treated as such except where Canada determines that the enquiry is not of a proprietary nature. Canada may edit the question(s) or may request that the Bidder do so, so that the proprietary nature of the question(s) is eliminated, and the enquiry can be answered to all Bidders. Enquiries not submitted in a form that can be distributed to all Bidders may not be answered by Canada.
2.6 Applicable Laws
Any resulting contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.
Bidders may, at their discretion, substitute the applicable laws of a Canadian province or territory of their choice without affecting the validity of their bid, by deleting the name of the Canadian province or territory specified and inserting the name of the Canadian province or territory of their choice. If no change is made, it acknowledges that the applicable laws specified are acceptable to the Bidders.
2.7 Bid Challenge and Recourse Mechanisms
(a) Several mechanisms are available to potential suppliers to challenge aspects of the procurement process up to and including contract award.
(b) Canada encourages suppliers to first bring their concerns to the attention of the Contracting Authority. The CanadaBuys website, under the heading “Following up on a bid” contains information on potential complaint bodies such as:
• Office of the Procurement Ombud (OPO)
• Canadian International Trade Tribunal (CITT)
(c) Suppliers should note that there are strict deadlines for filing complaints, and the time periods vary depending on the complaint body in question. Suppliers should therefore act quickly when they want to challenge any aspect of the procurement process.
2.8 Review of Complaint
The Office of the Procurement Ombud (OPO) was established by the Government of Canada to provide an impartial, independent venue for Canadian bidders to raise complaints regarding the award of certain federal contracts under $33,400 for goods and $133,800 for services. If you have concerns regarding the award of a federal contract below these dollar amounts, you may contact OPO by e-mail at opo.boa@opo-boa.gc.ca, by telephone at 1-866-734-5169, or by web at www.opo-boa.gc.ca.
PART 3 - BID PREPARATION INSTRUCTIONS
3.1 Bid Preparation Instructions
Canada requests that the Bidder submits its bid in separate attachment sections (when applicable) as follows:
Section I: Technical Bid
Section II: Financial Bid (Prices must appear in the Financial Bid only. No prices must be indicated in any other section of the bid.)
Section III: Certifications
There shall be no payment by the National Research Council (NRC) for costs incurred in the preparation and submission of proposals in response to this request. No payment shall be made for costs incurred for clarification(s) and/or demonstration(s) that may be required by NRC. The National Research Council reserves the right to reject any or all proposals submitted, or to accept any proposal in whole or in part without negotiation. A contract will not necessarily be issued as a result of this competition. NRC reserves the right to amend, cancel or reissue this requirement at any time.
In April 2006, Canada issued a policy directing federal departments and agencies to take the necessary steps to incorporate environmental considerations into the procurement process Policy on Green Procurement (https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32573). To assist Canada in reaching its objectives, bidders should:
1) Include all environmental certification(s) relevant to your organization (e.g., ISO 14001, Leadership in Energy and Environmental Design (LEED), Carbon Disclosure Project, etc.)
2) Include all environmental certification(s) or Environmental Product Declaration(s) (EPD) specific to your product/service (e.g., Forest Stewardship Council (FSC), ENERGYSTAR, etc.)
Canada is committed to greening its supply chain. Environmentally preferable goods and services are those that have a lesser or reduced impact on the environment over the life cycle of the good or service, when compared with competing goods or services serving the same purpose. Environmental performance considerations include, among other things: the reduction of greenhouse gas emissions and air contaminants; improved energy and water efficiency; reduced waste and support reuse and recycling; the use of renewable resources; reduced hazardous waste; and reduced toxic and hazardous substances. In accordance with the Policy on Green Procurement (https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32573), for this solicitation:
• Bidders are encouraged to offer or suggest green solutions whenever possible.
• Bidders are requested to provide all correspondence including (but not limited to) documents, reports and invoices in electronic format unless otherwise specified by the Contracting Authority or Project Authority, thereby reducing printed material.
• Bidders should recycle (shred) unneeded copies of non-classified/secure documents (taking into consideration the Security Requirements).
• Product components used in performing the services should be recyclable and/or reusable, whenever possible.
• Bidders are encouraged to offer goods and/or services certified to a reputable eco-label.
• Bidders should use equipment that has high energy efficiency or produces low air emissions.
• Bidders are encouraged to offer environmentally preferred products which supports a sustainable environment for nature and wildlife.
• Bidders are encouraged to offer environmentally preferred products which ensure the comfort and air quality of building occupants.
Bidders are encouraged to consult the following websites:
https://www.tpsgc-pwgsc.gc.ca/app-acq/ae-gp/index-eng.html
https://www.tpsgc-pwgsc.gc.ca/app-acq/ae-gp/rle-glr-eng.html
Section I: Technical Bid
In their technical bid, Bidders should explain and demonstrate how they propose to meet the requirements and how they will carry out the Work.
Section II: Financial Bid
(a) Pricing: Bidders must submit their financial bid in accordance with the Basis of Payment including Annex B – Basis of Payment. The applicable taxes must be indicated separately.
(b) All Costs to be Included: The financial bid must include all costs for the requirement described in the bid solicitation for the entire Contract Period. The identification of all necessary equipment, software, peripherals, cabling and components required to meet the requirements of the bid solicitation and the associated costs of these items is the sole responsibility of the Bidder.
(c) Blank Prices: Bidders are requested to insert “$0.00” for any item for which it does not intend to charge or for items that are already included in other prices set out in the tables. If the Bidder leaves any price blank, Canada will treat the price as “$0.00” for evaluation purposes and may request that the Bidder confirm that the price is, in fact, $0.00. No bidder will be permitted to add or change a price as part of this confirmation. Any bidder who does not confirm that the price for a blank item is $0.00 will be declared non-responsive.
3.1.1 Electronic Payment of Invoices – Bid
Payments from the National Research Council Canada (NRC) are made by electronic payment. Direct deposit payments will be made in Canadian dollars and can only be deposited into Canadian bank accounts.
Only bank accounts outside of Canada are eligible to enroll as a Wire transfer payment method.
3.1.2 Exchange Rate Fluctuation
The requirement does not offer exchange rate fluctuation risk mitigation. Requests for exchange rate fluctuation risk mitigation will not be considered. All bids including such provision will render the bid non-responsive.
Section III: Certifications
Bidders must submit the certifications and additional information required under Part 5.
PART 4 - EVALUATION PROCEDURES AND BASIS OF SELECTION
4.1 Evaluation Procedures
(a) Bids will be assessed in accordance with the entire requirement of the bid solicitation including technical evaluation criteria.
(b) An evaluation team composed of representatives of Canada will evaluate the bids.
4.1.1 Technical Evaluation
Proposals will be assessed in accordance with the mandatory and rated (if applicable) evaluation below. Bidders shall provide a detailed response to each criterion. NRC reserves the right to verify any and all information provided by the bidder in their proposal.
4.1.1.1 Mandatory Technical Criteria
The following requirements are the mandatory technical evaluation criteria which will be evaluated during the Bid Evaluation. In addition, the Contractor will be required to meet all of the mandatory technical requirements for the duration of the Contract.
Bidders are requested to cross reference the mandatory technical criteria in a concise format by using page, paragraph(s) & sub-paragraphs as applicable to their supporting technical documentation.
The Visible Fizeau Interferometer (Interferometer) must meet all of the following mandatory technical evaluation criteria. Bidders must demonstrate their compliance with all of the following mandatory evaluation technical criteria by providing substantial information describing completely and in detail how each requirement is met or addressed.
ITEM CRITERIA REQUIRED SUBSTANTIATION
Bidder must indicate how they meet the performance specification by recording this information in this column REFERENCE TO SUBSTANTIATION IN THE TECHNICAL BID.
In this column, Bidders must cross-reference where this performance specification is indicated in their supporting documents
M1
The Interferometer must have a 4-inch aperture
M2
The Interferometer must have a >2k x 2k pixel digital camera
M3 The Camera must have a >170 Hz frame rate
M4
The Interferometer must have a wavelength of 633 +/-1 nm
M5
The Interferometer must have a vibration insensitive measurement method
M6
The Interferometer must have a Root-Mean-Square (RMS) Wavefront repeatability 5.6 cycles/mm at 0.7 ITF
M8
Bidder must be and must confirm they are the Original Equipment Manufacturer (OEM) for the proposed Interferometer.
*RMS Wavefront Repeatability is defined by the mean RMS difference plus 2X the standard deviation for the differential between all even numbered measurements and a synthetic reference (defined as the average of all odd numbered measurements); 36 sequential measurements (16 averages) at 1X zoom form the basis for calculation.
4.1.2 Financial Evaluation
The financial evaluation will be conducted by calculating the Total Aggregated Cost of the Fixed Price for the initial requirement and the optional requirement requested in accordance with the pricing tables provided in Annex B – Basis of Payment.
Evaluation of Price - Bid
The price of the bid will be evaluated in Canadian dollars, Applicable Taxes excluded, DAP ‘Delivered at Place’ Victoria BC Incoterms® 2020, Canadian customs duties and excise taxes excluded.
4.2 Basis of Selection
Mandatory Technical Criteria
A bid must comply with the requirements of the bid solicitation and meet all mandatory technical evaluation criteria to be declared responsive. The responsive bid with the lowest evaluated price will be recommended for award of a contract.
PART 5 – CERTIFICATIONS AND ADDITIONAL INFORMATION
Bidders must provide the required certifications and additional information to be awarded a contract.
The certifications provided by Bidders to Canada are subject to verification by Canada at all times. Unless specified otherwise, Canada will declare a bid non-responsive, or will declare a contractor in default if any certification made by the Bidder is found to be untrue whether made knowingly or unknowingly, during the bid evaluation period or during the contract period.
The Contracting Authority will have the right to ask for additional information to verify the Bidder’s certifications. Failure to comply and to cooperate with any request or requirement imposed by the Contracting Authority will render the bid non-responsive or constitute a default under the Contract.
5.1 Certifications Required with the Bid
Bidders must submit the following duly completed certifications as part of their bid.
5.1.1 Integrity Provisions - Declaration of Convicted Offences
In accordance with the Integrity Provisions of the Standard Instructions, all bidders must provide with their bid, if applicable, the declaration form available on the Forms for the Integrity Regime website (https://www.canada.ca/en/public-services-procurement/services/standards-oversight/supplier-integrity-compliance/forms.html#s2), to be given further consideration in the procurement process.
5.2 Certifications Precedent to Contract Award and Additional Information
The certifications and additional information listed below should be submitted with the bid but may be submitted afterwards. If any of these required certifications or additional information is not completed and submitted as requested, the Contracting Authority will inform the Bidder of a time frame within which to provide the information. Failure to provide the certifications or the additional information listed below within the time frame provided will render the bid non-responsive.
5.2.1 Integrity Provisions – Required Documentation
In accordance with the section titled Information to be provided when bidding, contracting or entering into a real property agreement of the Ineligibility and Suspension Policy (http://www.tpsgc-pwgsc.gc.ca/ci-if/politique-policy-eng.html), the Bidder must provide the required documentation, as applicable, to be given further consideration in the procurement process.
In addition to all other information required in the procurement process, the Bidder must provide the following:
• Bidders who are incorporated, including those bidding as a joint venture, must provide a complete list of names of all individuals who are currently directors of the Bidder or, in the case of a private company, the owners of the company.
• Bidders bidding as sole proprietorship, as well as those bidding as a joint venture, must provide the name of the owner(s).
SURNAME GIVEN NAME(S) TITLE
5.2.2 Product Conformance
The Bidder certifies that all goods proposed conform, and will continue to conform throughout the period of the contract, to the requirement detailed under Annex A.
__________________________________ ________________
Bidder's authorized representative signature Date
5.2.3 OEM Certification
(i) Any Bidder that is not the Original Equipment Manufacturer (OEM) for every item of hardware or equipment proposed as part of its bid is required to submit the OEM's certification regarding the Bidder's authority to provide and maintain the OEM's hardware or equipment, which must be signed by the OEM (not the Bidder). No Contract will be awarded to a Bidder who is not the OEM of the hardware or equipment it proposes to supply to Canada, unless the OEM certification has been provided to Canada. Bidders are requested to use the OEM Certification Form included with the bid solicitation at Attachment 1 to Part 5 of the Bid Solicitation. Although all the contents of the OEM Certification Form are required, using the form itself to provide this information is not mandatory. For Bidders/OEMs who use an alternate form, it is in Canada's sole discretion to determine whether all the required information has been provided. Alterations to the statements in the form may result in the bid being declared non-responsive.
(ii) If the hardware or equipment proposed by the Bidder originates with multiple OEMs, a separate OEM certification is required from each OEM.
(iii) For the purposes of this bid solicitation, OEM means the manufacturer of the hardware or equipment, as evidenced by the name appearing on the hardware or equipment and on all accompanying documentation.
PART 6 - RESULTING CONTRACT CLAUSES
The following clauses and conditions apply to and form part of any contract resulting from the bid solicitation.
6.1 Security Requirements
The Security Requirement Check List (SRCL) is attached at Annex C and forms part of this contract.
6.2 Statement of Requirement
The Contractor must provide the items detailed under the "Requirement" at Annex A.
6.3 Standard Clauses and Conditions
All clauses and conditions identified in the Contract by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual (https://canadabuys.canada.ca/en/how-procurement-works/policies-and-guidelines/standard-acquisition-clauses-and-conditions-manual) issued by Public Works and Government Services Canada.
6.3.1 General Conditions
2010A (2022-12-01), General Conditions - Goods (Medium Complexity), apply to and form part of the Contract.
6.3.1.1 Intellectual Property Infringement and Royalties
1. The Contractor represents and warrants that, to the best of its knowledge, neither it nor Canada will infringe any third party's intellectual property rights in performing or using the Work, and that Canada will have no obligation to pay royalties of any kind to anyone in connection with the Work.
2. If anyone makes a claim against Canada or the Contractor concerning intellectual property infringement or royalties related to the Work, that Party agrees to notify the other Party in writing immediately. If anyone brings a claim against Canada, according to Department of Justice Act, R.S. 1985, c. J-2, the Attorney General of Canada must have the regulation and conduct of all litigation for or against Canada, but the Attorney General may request that the Contractor defend Canada against the claim. In either case, the Contractor agrees to participate fully in the defence and any settlement negotiations and to pay all costs, damages and legal costs incurred or payable as a result of the claim, including the amount of any settlement. Both Parties agree not to settle any claim unless the other Party first approves the settlement in writing.
3. The Contractor has no obligation regarding claims that were only made because:
a. Canada modified the Work or part of the Work without the Contractor's consent or used the Work or part of the Work without following a requirement of the Contract; or
b. Canada used the Work or part of the Work with a product that the Contractor did not supply under the Contract (unless that use is described in the Contract or the manufacturer's specifications); or
c. the Contractor used equipment, drawings, specifications or other information supplied to the Contractor by Canada (or by someone authorized by Canada); or
d. the Contractor used a specific item of equipment or software that it obtained because of specific instructions from the Contracting Authority; however, this exception only applies if the Contractor has included the following language in its own contract with the supplier of that equipment or software: "[Supplier name] acknowledges that the purchased items will be used by the Government of Canada. If a third-party claims that equipment or software supplied under this contract infringes any intellectual property right, [supplier name], if requested to do so by either [Contractor name] or Canada, will defend both [Contractor name] and Canada against that claim at its own expense and will pay all costs, damages and legal fees payable as a result of that infringement." Obtaining this protection from the supplier is the Contractor's responsibility and, if the Contractor does not do so, it will be responsible to Canada for the claim.
4. If anyone claims that, as a result of the Work, the Contractor or Canada is infringing its intellectual property rights, the Contractor must immediately do one of the following:
a. take whatever steps are necessary to allow Canada to continue to use the allegedly infringing part of the Work; or
b. modify or replace the Work to avoid intellectual property infringement, while ensuring that the Work continues to meet all the requirements of the Contract; or
c. take back the Work and refund any part of the Contract Price that Canada has already paid.
If the Contractor determines that none of these alternatives can reasonably be achieved, or if the Contractor fails to take any of these steps within a reasonable amount of time, Canada may choose either to require the Contractor to do c., or to take whatever steps are necessary to acquire the rights to use the allegedly infringing part(s) of the Work itself, in which case the Contractor must reimburse Canada for all the costs it incurs to do so.
6.3.2 Additional General Conditions
6.3.2.1 Conduct of the Work
1. The Contractor represents and warrants that:
a. it is competent to perform the Work;
b. it has everything necessary to perform the Work, including the resources, facilities, labour, technology, equipment, and materials; and
c. it has the necessary qualifications, including knowledge, skill, know-how and experience, and the ability to use them effectively to perform the Work.
2. The Contractor must:
a. perform the Work diligently and efficiently;
b. except for Government Property, supply everything necessary to perform the Work;
c. use, as a minimum, quality assurance procedures, inspections and controls generally used and recognized by the industry to ensure the degree of quality required by the Contract;
d. select and employ a sufficient number of qualified people;
e. perform the Work in accordance with standards of quality acceptable to Canada and in full conformity with the specifications and all the requirements of the Contract;
f. provide effective and efficient supervision to ensure that the quality of workmanship meets the requirements of the Contract.
6.3.2.2 Subcontracts
The Contractor may subcontract the supply of goods or services that are customarily subcontracted by the Contractor. Subcontracting does not relieve the Contractor from any of its obligations under the Contract or impose any liability upon Canada to a subcontractor. In any subcontract, the Contractor agrees to bind the subcontractor by the same conditions by which the Contractor is bound under the Contract, unless the Contracting Authority agrees otherwise, with the exception of requirements under the Federal Contractors Program for employment equity which only apply to the Contractor.
6.3.2.3 Harassment in the workplace
1) The Contractor acknowledges the responsibility of Canada to ensure, for its employees, a healthy work environment, free of harassment. A copy of the Policy on Harassment Prevention and Resolution, which is also applicable to the Contractor, is available on the Treasury Board Web site.
2) The Contractor must not, either as an individual, or as a corporate or unincorporated entity, through its employees or subcontractors, harass, abuse, threaten, discriminate against or intimidate any employee, contractor or other individual employed by, or under contract with Canada. The Contractor will be advised in writing of any complaint and will have the right to respond in writing. Upon receipt of the Contractor's response, the Contracting Authority will, at its entire discretion, determine if the complaint is founded and decide on any action to be taken.
6.3.2.4 Access to information
Records created by the Contractor, and under the control of Canada, are subject to the Access to Information Act. The Contractor acknowledges the responsibilities of Canada under the Access to Information Act and must, to the extent possible, assist Canada in discharging these responsibilities. Furthermore, the Contractor acknowledges that section 67.1 of the Access to Information Act provides that any person, who destroys, alters, falsifies or conceals a record, or directs anyone to do so, with the intent of obstructing the right of access that is provided by the Access to Information Act is guilty of an offence and is liable to imprisonment or a fine, or both.
6.3.3 Supplemental General Conditions
4001 (2015-04-01), Hardware Purchase, Lease and Maintenance; and
4003 (2010-08-16), Licensed Software; apply to and form part of the Contract
6.3.3.1 4013 (2022-06-22) Compliance with on-site measures, standing orders, policies, and rules
The Contractor must comply and ensure that its employees and subcontractors comply with all security measures, standing orders, policies or other rules in force at the site where the Work is performed.
6.3.3.2 4014 (2022-06-22) Suspension of the work
1. The Contracting Authority may at any time, by written notice, order the Contractor to suspend or stop the Work or part of the Work under the Contract for a period of up to 180 days. The Contractor must immediately comply with any such order in a way that minimizes the cost of doing so. While such an order is in effect, the Contractor must not remove any part of the Work from any premises without first obtaining the written consent of the Contracting Authority. Within these 180 days, the Contracting Authority must either cancel the order or terminate the Contract, in whole or in part, under section(s) 23 (2014-09-25) entitled Default by the Contractor or 24 (2020-05-28) entitled Termination for convenience of general conditions 2010A (2022-01-28), General conditions: Goods (medium complexity).
2. When an order is made under subsection 1, unless the Contracting Authority terminates the Contract by reason of default by the Contractor or the Contractor abandons the Contract, the Contractor will be entitled to be paid its additional costs incurred as a result of the suspension plus a fair and reasonable profit.
3. When an order made under subsection 1 is cancelled, the Contractor must resume work in accordance with the Contract as soon as practicable. If the suspension has affected the Contractor's ability to meet any delivery date under the Contract, the date for performing the part of the Work affected by the suspension will be extended for a period equal to the period of suspension plus a period, if any, that in the opinion of the Contracting Authority, following consultation with the Contractor, is necessary for the Contractor to resume the Work. Any equitable adjustments will be made as necessary to any affected conditions of the Contract.
6.4 Term of Contract
6.4.1 Period of the Contract
The period of the Contract begins on the date the Contract is awarded and ends one (1) year after delivery and acceptance of the Requirement;
6.4.2 Delivery Date
All the deliverables must be received after April 1, 2025.
6.4.3 Delivery Points
Delivery of the requirement will be made to delivery point specified below:
National Research Council Canada
Victoria BC V9E 2E7
6.4.4 Shipping Instructions - Delivered at Place
Goods must be consigned and delivered to the destination specified in the Contract:
Delivery at Place (DAP) Victoria BC V9E 2E7 Incoterms® 2020 for shipments from a commercial contractor.
NRC Customs contacts for any Customs and Transportation Logistics enquiries:
- Daniel Frampton: (613) 993-9113 / daniel.frampton@nrc-cnrc.gc.ca
- Christian Latreille: (613) 993-2259 / christian.latreille@nrc-cnrc.gc.ca
As part of NRC’s commitment to Greening Government Operations, the Contractor is encouraged to minimize, include recycled content, re-use, or reduce/eliminate toxics in packaging, when possible.
6.4.5 Packaging
The methods used for preservation and packaging must be in conformity with the Contractor’s normal standard for domestic shipment or, if necessary, with standards for overseas shipment as below deck cargo.
6.4.6 Delivery and Unloading
1. Delivery trucks must be equipped with an unloading device which will permit unloading at sites with no hydraulic, stationary or other type of unloading facility.
2. When making deliveries, sufficient personnel must be provided to permit unloading of any type of vehicle without the assistance of federal government personnel.
3. At some sites, the delivery truck must be unloaded while parked at the curb. When material is placed on the sidewalk, it must be placed in proximity to the designated entrance so as to be readily accessible to transport by mechanical handling equipment utilized by site personnel.
6.5 Authorities
6.5.1 Contracting Authority
The Contracting Authority for the Contract is:
Katie Homuth
Senior Contracting Officer
National Research Council Canada (NRC)
Finance and Procurement Services (FPS) Branch
1200 Montreal Road, Building M-58, Ottawa ON K1A 0R6
E-mail address: Katie.homuth@nrc-cnrc.gc.ca / Phone: 343-549-4539
The Contracting Authority is responsible for the management of the Contract and any changes to the Contract must be authorized in writing by the Contracting Authority. The Contractor must not perform work in excess of or outside the scope of the Contract based on verbal or written requests or instructions from anybody other than the Contracting Authority.
6.5.2 Technical Authority [to be completed at contract award]
The Technical Authority for the Contract is:
Name: _________
Title: _________
Organization: __________
Address: __________
Telephone: ___ ___ _______
E-mail address: ___________
The Technical Authority is the representative of the department or agency for whom the Work is being carried out under the Contract and is responsible for all matters concerning the technical content of the Work under the Contract. Technical matters may be discussed with the Technical Authority; however, the Technical Authority has no authority to authorize changes to the scope of the Work. Changes to the scope of the Work can only be made through a contract amendment issued by the Contracting Authority.
6.5.3 Contractor's Representative [to be completed by the Bidder]
Name: _________
Title: _________
Address: __________
Telephone: ___ ___ _______
E-mail address: ___________
6.6 Payment
6.6.1 Basis of Payment
The Contractor will be paid for costs reasonably and properly incurred in the performance of the work under this Contract in accordance with the following:
In consideration of the Contractor satisfactorily completing all of its obligations under the Contract, the Contractor will be paid a fixed unit price as specified in Annex B for a cost of $ _________ (insert the amount at contract award). Customs duties are excluded and Applicable Taxes are extra.
Canada will not pay the Contractor for any design changes, modifications or interpretations of the Work, unless they have been approved, in writing, by the Contracting Authority before their incorporation into the Work.
Travel and Living Expenses – Installation and in-person training:
The Contractor will be reimbursed for the authorized travel and living expenses reasonably and properly incurred in the performance of the Work, at cost, without any allowance for overhead or profit, in accordance with the meal and private vehicle allowances specified in Appendices B, C and D of the National Joint Council Travel Directive, and with the other provisions of the directive referring to "travellers", rather than those referring to "employees". Canada will not pay the Contractor any incidental expense allowance for authorized travel.
All payments are subject to government audit.
6.6.2 Method of Payment - Single Payment
Canada will pay the Contractor upon completion and delivery of the Work in accordance with the payment provisions of the Contract if:
a. an accurate and complete invoice and any other documents required by the Contract have been submitted in accordance with the invoicing instructions provided in the Contract;
b. all such documents have been verified by Canada;
c. the Work delivered has been accepted by Canada.
6.6.3 Standard Acquisition Clauses and Conditions (SACC) Manual Clauses
C2000C (2007-11-30), Taxes - Foreign-based Contractor
C2605C (2008-05-12), Canadian Customs Duties and Sales Tax - Foreign-based Contractor
6.6.4 Electronic Payment of Invoices – Contract
The Contractor accepts to be paid using any of the following Electronic Payment Instrument(s):
a. Direct Deposit (Domestic Only);
b. Wire Transfer (International Only);
6.7 Inspection and Acceptance
The Technical Authority is the Inspection Authority. All reports, deliverable items, documents, good and all services rendered under the Contract are subject to inspection by the Inspection Authority or representative. Should any report, document, good or service not be in accordance with the Statement of Requirement and to the satisfaction of the Inspection Authority, as submitted, the Inspection Authority will have the right to reject it or require its correction at the sole expense of the Contractor before recommending payment.
6.8 Invoicing Instructions
6.8.1 The Contractor must submit invoices in accordance with the section entitled "Invoice Submission" of the general conditions. Invoices cannot be submitted until all work identified in the invoice is completed.
6.8.2 Invoices must be distributed as follows:
(a) Invoices and order confirmations MUST be sent via e-mail to:
nrc.invoice-facture.cnrc@nrc-cnrc.gc.ca
(b) To facilitate the payment process, it is important that the Contractor quote the contract number on all the invoices, shipping bills and packing slips. Failure to do so will delay payment and the date used for calculating interest on overdue accounts.
PLEASE QUOTE CONTRACT NO. [to be inserted at contract award] ON ALL DOCUMENTATION AND INVOICES.
6.9 Certifications and Additional Information
6.9.1 Compliance
Unless specified otherwise, the continuous compliance with the certifications provided by the Contractor in its bid or precedent to contract award, and the ongoing cooperation in providing additional information are conditions of the Contract and failure to comply will constitute the Contractor in default. Certifications are subject to verification by Canada during the entire period of the Contract.
6.10 Applicable Laws
The Contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.
6.11 Priority of Documents
If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list.
(a) the Articles of Agreement;
(b) the supplemental general conditions
4001 (2015-04-01), Hardware Purchase, Lease and Maintenance
4003 (2010-08-16), Licensed Software;
4013 (2022-06-20), Compliance with on-site measures, standing orders, policies, and rules;
4014 (2022-06-20), Suspension of the work;
(c) the general conditions 2010A (2022-12-01), General Conditions - Goods (Medium Complexity);
(d) Annex A - Statement of Requirement;
(e) Annex B - Basis of Payment;
(f) Annex C – The Security Requirement Check List (SRCL) form TBS/SCT 350-103 (2004/12);
(g) the Contractor's bid dated _______ (insert date of bid).
6.12 SACC Manual Clauses
B1501C (2018-06-21) Electrical equipment
B7500C (2006-06-16) Excess Goods
D2000C (2007-11-30) Marking
D2001C (2007-11-30) Labeling
D9002C (2007-11-30) Incomplete Assemblies
G1005C (2016-01-28) Insurance – No Specific Requirements
6.13 Dispute Resolution
The Parties agree to make every reasonable effort, in good faith, to settle amicably all disputes or claims relating to the Contract, through negotiations between the Parties’ representatives authorized to settle. If the Parties do not reach a settlement within 25 working days after the dispute was initially raised to the other party in writing, either Party may contact the Office of the Procurement Ombud (OPO) to request dispute resolution/mediation services. OPO may be contacted by e-mail opo.boa@opo-boa.gc.ca, by telephone at 1-866-734-5169, or by web at www.opo-boa.gc.ca.
6.14 Review of complaint
The Office of the Procurement Ombud (OPO) was established by the Government of Canada to provide an impartial, independent venue for Canadian bidders to raise complaints regarding the administration of certain federal contracts, regardless of dollar value. If you have concerns regarding the administration of a federal contract, you may contact OPO by e-mail at opo.boa@opo-boa.gc.ca, by telephone at 1-866-734-5169, or by web at www.opo-boa.gc.ca.
6.15 Non-Permanent Resident (Foreign Company)
The Contractor shall ensure that non-permanent residents intending to work in Canada on a temporary basis in fulfilment of the Contract, who are neither Canadian citizens nor United States nationals, receive all appropriate documents and instructions relating to Canadian immigration requirements and secure all required employment authorizations prior to their arrival at the Canadian port of entry. The Contractor shall ensure that United States nationals having such intentions receive all appropriate documents and instructions in that regard prior to their arrival at the Canadian port of entry. Such documents may be obtained at the appropriate Canadian Embassy/Consulate in the Contractor’s country. The Contractor shall be responsible for all costs incurred as a result of non-compliance with immigration requirements.
OR
6.15 Non-Permanent Resident (Canadian Company)
The Contractor is responsible for compliance with the immigration requirements applicable to non-permanent residents entering Canada to work on a temporary basis in fulfilment of the Contract. In some instances, the employment authorization necessary to enter Canada cannot be issued without prior approval of Human Resources Centre Canada (HRCC). HRCC should always be contacted as soon as the decision to bring in a non-permanent resident is made. The Contractor will be responsible for all costs incurred as a result of non-compliance with immigration requirements.
6.16 Withholding of 15 percent on Service Contracts with Non-residents
Pursuant to the Income Tax Act, 1985, c. 1 (5th Supp.) and the Income Tax Regulations, Canada must withhold 15 percent of the amount to be paid to the Contractor in respect of services provided in Canada if the Contractor is not a resident of Canada, unless the Contractor obtains a valid waiver from the Canada Revenue Agency (CRA). The amount withheld will be held on account for the Contractor in respect to any tax liability which may be owed to Canada.
Although most tax treaties between Canada and other countries provide for some relief from Canadian tax, Canada does not normally relinquish its right to withhold tax pursuant to the provisions of section 153 of the Income Tax Act and subsection 105(1) of the Income Tax Regulations. If the non-resident contractor can adequately demonstrate, based on treaty protection, that the withholding normally required is in excess of the ultimate tax liability, or that the withholding creates undue hardship to the contractor, then the CRA may issue permission to the payer authorizing a reduction of the subsection 105(1) withholdings. The procedure to apply for a reduction of withholding is detailed in Income Tax Information Circular IC75-6R2 Appendices A and B, as well as in CRA's T4061, Non resident Tax Withholding, Remitting, and Reporting. Requests for a waiver or a reduction of the withholding will not be entertained unless deductions at source are remitted to CRA.
6.17 Government Smoking Policy
Where the performance of the work requires the presence of the Contractor’s personnel on government premises, the Contractor shall ensure that its personnel shall comply with the policy of the Government of Canada which prohibits smoking on any government premises.
6.18 Access to Government Facilities/Equipment
Access to the facilities and equipment necessary to the performance of the work shall be provided through arrangements to be made by the Technical Authority named herein. There will be however, no day-to-day supervision of the Contractor’s activities, nor control of the Contractor’s hours of work by the Technical Authority.
The Contractor undertakes and agrees to comply with all Standing Orders and Regulations in force on the site where the work is to be performed, relating to the safety of persons on the site or the protection of property against loss or damage from any and all causes including fires.
ATTACHMENT 1 TO PART 5 OF THE BID SOLICITATION
Original Equipment Manufacturer (OEM) Certification
OEM Certification Form
This form confirms that the Original Equipment Manufacturer (OEM) identified below has authorized the Bidder named below to provide and maintain its products under any contract resulting from the bid solicitation identified below.
Name of OEM
Signature of authorized signatory
OEM Print Name of authorized signatory
OEM Print Title of authorized signatory
OEM Address for authorized signatory
OEM Telephone no. for authorized signatory
OEM Fax no. for authorized signatory
OEM Date signed
Solicitation Number
Name of Bidder
