Documente Academic
Documente Profesional
Documente Cultură
October 5, 2016
Contracting Manager:
Telephone:
Angela Pappas
Director, Organizational Development
780-641-9838
Facsimile:
780-422-0835
Email:
angela.pappas@gov.ab.ca
1.
INTRODUCTION........................................................................................................................... 3
1.1 PREAMBLE ......................................................................................................................................3
1.2 RFP DEFINITIONS ............................................................................................................................3
1.3 INTERPRETATION ...........................................................................................................................5
2.
3.1
3.2
3.3
3.4
3.5
3.6
4.
PRICING ......................................................................................................................................... 8
4.1 FORM OF PRICING ..........................................................................................................................8
4.2 PROJECT BUDGET ..........................................................................................................................8
5.
PROPOSAL ..................................................................................................................................... 9
5.1 HOW TO ORGANIZE THE PROPOSAL .............................................................................................9
5.2 WHAT TO PUT IN THE PROPOSAL ..................................................................................................9
5.2.1 RESPONSE TO RFP REQUIREMENTS .............................................................................................9
5.2.2 PROPONENT PROFILE ..................................................................................................................10
5.2.3 SERVICE DELIVERY APPROACH ..................................................................................................11
5.2.4 APPENDICES .................................................................................................................................11
5.2.5 CONTRACT PROVISIONS ..............................................................................................................11
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
EVALUATION ............................................................................................................................. 12
SCREENING ...................................................................................................................................12
RATING .........................................................................................................................................12
PROPOSAL EVALUATION CRITERIA ............................................................................................12
SHORT LISTING ............................................................................................................................12
REFERENCE CHECKS ...................................................................................................................12
SELECTION ...................................................................................................................................13
RESOURCE REPLACEMENT ..........................................................................................................13
PROPOSAL CLARIFICATIONS .......................................................................................................13
7.1
7.2
7.3
7.4
7.
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1. INTRODUCTION
1.1
PREAMBLE
Proponents are invited to submit Proposals for the provision of Services in
accordance with the specifications, terms and conditions set out in this RFP.
This RFP is a competitive procurement and will be conducted in accordance with
one fundamental objective: to maximize the benefit to the Province while offering
Proponents a fair and equitable opportunity to participate.
Proponents are advised to pay careful attention to the wording used throughout this
RFP.
1.2
RFP DEFINITIONS
Terminology used throughout this RFP is defined as follows, unless the situation, context
and/or use warrants otherwise.
Alberta Public Service or APS means employees of the Government of Alberta.
Alberta Purchasing Connection or APC means the Government of Albertas
electronic tendering system.
Alberta Time means Mountain Standard Time or Daylight Saving Time as defined and
provided for in the Daylight Saving Time Act (Alberta), as amended from time to time.
Business Day means 08:15 to 16:30, Alberta Time, Monday to Friday, excluding holidays
and office closures observed by the Province.
Contract means the written agreement, including schedules and amendments, between
the successful Proponent, as Contractor, and the Province, to provide the Services and
Materials contemplated by this RFP.
Contracting Manager means the individual referenced on the cover page of this RFP.
Contractor means the legal entity that will enter into the Contract with the Province.
Evaluation Team means individuals who will evaluate the Proposals on behalf of the
Province.
Facilities means adequate office space and equipment, including, but not limited to, desks
and chairs, computers, hardware and software, telephones and office supplies and access to
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printer and facsimile, for the performance of the Services by the Contractor.
Fixed Hourly Rate means the maximum definite and predetermined hourly rate to be
charged for the performance of the Services described in Appendix B, Section 1.2, to this
RFP, by the successful Proponents Resources, inclusive of all expenses.
"Fixed Price" means the maximum, definite and predetermined price charged for the
performance of the Type 1 Services by the successful Proponent's resources, inclusive of all
expenses, for each respective management engagement session.
Materials means any work, information, records and/or materials, including Personal
Information, regardless of form and state of completion, which are made, generated,
produced and/or acquired by the Contractor or its employees, subcontractors or agents in
the course of performing the Services.
must or mandatory or shall means that the requirement so described must be met
in a substantially unaltered form in order for the Proposal to be compliant.
Personal Information means personal information as defined in the Freedom of
Information and Protection of Privacy Act (Alberta) (FOIP), as amended from time to
time.
Prime Proponent means the Proponent in a Proponent Team that will act as the
Proponent Teams lead and is the contact between the Province and Proponent Team
throughout the duration of the RFP and if applicable, Contract.
Project means the project outlined in section 2.1 of this RFP.
Proponent means an individual, organization or Proponent Team responding to this RFP
with a Proposal.
Proponent Team means two or more individuals, organizations or a combination thereof
that together submit a Proposal.
Proposal means the Proponents response to this RFP, and includes all the Proponents
attachments and presentation materials.
Province means Her Majesty the Queen in Right of Alberta, as represented by the
President of Treasury Board, Minister of Finance through Corporate Human Resources.
Request for Proposals or RFP means this solicitation for Services and Materials,
including amendments and attached appendices and schedules.
Request for Services means a written request issued by the Province setting out the
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Services and Materials required from the Contractor pursuant to this RFP and the
Contract.
RFP Closing Date and Time means the date and time this RFP closes, which date and
time are stated on the cover page of this RFP.
Services means the work, duties, functions and deliverables to be provided by the
Contractor to the Province as specified in Appendix B to this RFP and clause 7 of the
Contract.
Service Delivery Approach means the requirements and provisions set out in Appendix
E to this RFP and a Proposal in relation to such requirements and provisions.
should or desirable means that a provision so described has a significant degree of
importance to the Province and will be scored in the evaluation of the Proposal.
Type 1 Services means those services listed in Appendix B, section 1.(a), to this RFP.
Type 2 Services means those services listed in Appendix B, section 1.(b), to this RFP.
1.3
INTERPRETATION
a) Headings are used for convenience only and they do not affect the meaning or
interpretation of the clauses.
b) Words in the singular include the plural and vice versa.
c) In the event that any provision or part of any provision of this RFP and/or the Contract,
as applicable, is deemed to be void, invalid or enforceable by a court of competent
jurisdiction, the remaining provisions or parts shall be and remain in full force and
effect.
2. PROJECT INFORMATION
2.1
PROJECT OVERVIEW
Employee engagement is a key priority for the Government of Alberta. The 2016 APS
Employee Engagement Survey results showed a continuing decrease in management
engagement levels. Management engagement levels have traditionally been close to 10%
higher than the overall APS engagement level. This gap has closed considerably with the
2016 APS Employee Engagement Survey, which indicates that the management
engagement level, at 59%, is now lower than the overall employee engagement level at
60%.
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II.
III.
Delivery of approximately 25 sessions held across Alberta. This will include the
facilitation and delivery of all content during each session.
Post session work will include, but is not limited to:
i.
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ii.
iii.
iv.
event.
Reviewing results with the Engagement team and Senior Leadership.
Development of train the trainer tools, to aide in the facilitation of
future, internally delivered Management Engagement Sessions.
Providing the Province with written report with recommended next
steps.
2.1.2
3
3.1
3.2
REPORTING
The Contractor will be required to submit written progress reports to the Province and
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attend meetings with the Province, upon request. The progress reports and meetings will
be at no cost to the Province. These requirements are further described in clause 7 of the
Contract.
3.3
3.4
3.5
3.6
FACILITIES
The Contractor shall be responsible, at its sole expense, for providing all Facilities for the
preparation of provision of the Services, a part from the venue for hosting each respective
management engagement session.
4. PRICING
4.1
FORM OF PRICING
The Proposal must provide the following:
a) The Fixed Price to perform the Type 1 Services; and
b) The Fixed Hourly Rate to perform the Type 2 Services.
The pricing in the Proposal must be in the form of the Pricing Form Contracted in
Attachment #3 to Appendix D to this RFP.
4.2
PROJECT BUDGET
THIS SPACE LEFT BLANK INTENTIONALLY.
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5. PROPOSAL
5.1
5.2
Proposals should provide a response to the desirable provisions set out in the
Desirable Provisions - Corporate, Attachment # 1 to Appendix D to this RFP.
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c)
For each proposed resource, Proposals must provide a response to the mandatory
requirements and should provide a response to the desirable provisions set out in
Attachment # 2 to Appendix D to this RFP.
In addition, for each proposed resource, the Proposal should include the following
information:
i.
ii.
iii.
If a resume or references are not included with the Proposal, the Proponent must
provide them within two Business Days of a request by the Province to do so.
d)
Price
In their Proposals, Proponents must use the Pricing Form, which is Attachment #3
to Appendix D to submit their pricing for the services described in this RFP.
5.2.2
Proponent Profile
a) The Proposal must include the following:
i.
ii.
A Proponent contact for all questions and clarifications arising from the
Proposal. The contact information should include the persons title, address
including email, telephone and facsimile number; and
iii.
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i.
ii.
iii.
Identify the members of the Proponent Team and the Prime Proponent who
will be the Proponent Teams contact with the Province;
ii.
Provide the legal name of the Prime Proponent and members of the
Proponent Team; and
iii.
Describe the role of the Prime Proponent and each Proponent Team member.
Provide the location of the head offices and, if applicable, service centres for
each Proponent Team member; and
ii.
5.2.4
Appendices
If a Proponent wishes to include any other material not specifically requested by
this RFP, it may do so by including additional appendices in the Proposal.
5.2.5
Contract Provisions
Proponents, by submitting a Proposal, are deemed to have accepted each of
the provisions of the Contract in Appendix A exactly as drafted, subject to
the following: start and end dates of the Contract, the parties, Schedule A
and any blank items in the Contract will be completed/finalized by the
Province when preparing the Contract to be entered into with the successful
Proponent.
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11
6. EVALUATION
6.1
SCREENING
After receiving the Proposals and after the RFP Closing Date and Time, the Evaluation
Team will screen each to determine if the Proposal meets the mandatory requirements of
this RFP. A Proponent must provide sufficient detail in its Proposal to demonstrate that it
has met this RFPs mandatory requirements. The Evaluation Team will then evaluate
Proposals that have passed the initial screening.
6.2
RATING
The Evaluation Team will use the following criteria to evaluate Proposals. Subject to the
requirements of FOIP, the evaluations shall be confidential, and not released to any party.
6.3
Weighting
35%
35%
30%
100%
Proposals will be evaluated against the criteria identified above and scored based on
the quality of the responses to the requirements of this RFP. Selection of the
Contractor, if any, will be based on the highest score, subject to section 6.5, 7.22,
7.29.
6.4
SHORT LISTING
The Province may establish a shortlist of Proponents who may be asked to make formal
presentations regarding their Proposals to the Evaluation Team. Key Proponent
management and technical resources will be expected to participate in such presentations.
These presentations will be made at no cost to the Province.
6.5
REFERENCE CHECKS
The Province may conduct reference checks of Proponents and/or their Resources. The
Province may contact references, including references other than those submitted by the
Proponent. The Proposal may be rejected if, in the sole discretion of the Province, the
Proponent and/or any Resource receive unsatisfactory references.
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12
6.6
SELECTION
Proposals will be evaluated and scored based on the quality of response to the
requirements and provisions of this RFP. The Evaluation Team will make the final
selection, if any, based on the Proposals evaluation scoring, presentation (if
applicable) and reference checks.
6.7
RESOURCE REPLACEMENT
Replacement of resources is not encouraged, however, there could be circumstances
following the RFP Closing Date and Time and prior to Contract execution that a
Proponent may request in writing that a Resource be replaced. Any Resource
replacement must have, in the sole discretion of the Province, equivalent or better
qualifications than the Resource originally proposed. Proponents will not receive
additional credit in the evaluation process if the qualifications of the replacement
Resource exceed that of the original Resource. The Province reserves the right to deny
any request for replacement and reject any proposed Resource replacement.
6.8
PROPOSAL CLARIFICATIONS
The Province may ask the Proponent to clarify statements made in its Proposal at any
time during the evaluation process.
7.2
October 5, 2016
October 10, 2016
October 19, 2016 at 14:00:59 Alberta Time
October 20 - 27, 2016
October 24, 2016, if required
October 28, 2016
The above dates are provided for information only and are subject to change at the sole
discretion of the Province.
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13
7.3
7.4
PROPOSAL SUBMISSION
Proposals must be delivered to the Province in hardcopy format, i.e. paper.
Facsimile or digital Proposals in any form (e.g. CD/DVD, USB flash drive, e-mailed
files, etc.) submitted in whole or in part will not be accepted as the Proponents
Proposal. However, to assist the Evaluation Team to perform searches within the
Proposal, however, Proponents must also provide an electronic copy of the Proposal
in Microsoft Word or Adobe Acrobat format on CD or USB flash drive. This
electronic copy, when provided, will not be accepted in place of the required
hardcopy format. If there are any conflicts, discrepancies, errors and/or omissions
between the electronic and hardcopy versions of the Proposal, the hardcopy version
will take precedence and govern.
Proposals may be delivered by hand, courier or mail.
Proponents should be aware that Canada Post only delivers Government of Alberta
mail with Edmonton addresses to the main Canada Post depot in Edmonton. The
Government of Alberta then picks up the mail and distributes it in accordance with
the address label. Proponents should consider the above when choosing the method
of delivery for their Proposal, as it is the Proponent's responsibility to ensure their
Proposals are received before the RFP Closing Date and Time at the location
specified in this RFP.
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14
7.6
MULTIPLE PROPOSALS
If a Proponent submits more than one Proposal, the Proponent must submit each Proposal
separately in the same format as outlined in this RFP. Each Proposal submitted by the
same Proponent must meet the mandatory requirements of this RFP. The Evaluation
Team will decide the acceptability of each Proposal separately.
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15
7.7
7.8
PRICE
Prices proposed shall be in Canadian dollars and exclusive of the Goods and Services
Tax and Harmonized Sales Tax.
In the event of any inconsistency between words and numbers, words shall govern.
7.9
PROPONENT QUESTIONS
Unless otherwise advised by the Contracting Manager, all questions and any form of
communication between the Proponents and the Province in relation to this RFP must be
submitted in writing to the Contracting Manager, Angela Pappas, Director,
with
a
cc
Organizational
Development
at
angela.pappas@gov.ab.ca,
Justine.hetsler@gov.ab.ca and chr.procurements@gov.ab.ca. All questions and responses
will be documented.
The Province intends to disseminate all questions and corresponding responses to all
Proponents. If a Proponent considers a question to be confidential, and requests that the
question and the response not be disseminated to all Proponents, then the Proponent must
provide an explanation as to why confidentiality is being requested. Questions and
responses will be treated as confidential only in exceptional circumstances.
If the Province, in its sole discretion, considers that the question and corresponding response
ought to be kept confidential, it will direct the response only to the Proponent that has asked
the confidential question, and not to the other Proponents. If the Province determines that
the question and corresponding response ought not to be kept confidential, it will advise the
Proponent and the Proponent will have the opportunity to withdraw the question.
The Proponent has the responsibility to notify the Province, in writing, of any ambiguity,
divergence, error, omission, oversight, contradiction and/or item subject to more than one
interpretation in this RFP, as it is discovered, and to request any instruction, decision and/or
direction required to prepare the Proposal.
Questions and/or concerns must be communicated in writing to the Contracting Manager
October 5, 2016
16
at least three Business Days prior to the RFP Closing Date and Time. Questions received
after this time will be answered if time permits.
Verbal responses to enquiries are not binding on any party.
7.10
The Proponent has rescinded a Proposal before the RFP Closing Date and Time;
or
b)
The Province has received the Proposal after the RFP Closing Date and Time;
such a Proposal will, at the Proponents choice, either be returned to the Proponent at the
Proponents expense after the RFP Closing Date and Time, or destroyed by the Province
after the RFP Closing Date and Time.
7.11
PERIOD OF COMMITMENT
Proposals shall be final and binding on the Proponent for ninety (90) calendar days from
the RFP Closing Date and Time and may not be altered by subsequent offerings,
discussions or commitments unless the Proponent is asked to do so by the Province.
The Proposal shall be used as the basis of the contract.
7.12
7.13
PROPOSAL RETURN
Subject to section 7.10, Proposals and accompanying documentation, upon receipt by the
Province, will become the property of and will be retained by the Province.
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17
7.14
7.15
7.16
October 5, 2016
18
subcontractors and agents, to enable the Province to evaluate the Proposal and for other
Project purposes of the Province. The Proponent must provide those written consents
within two Business Days of a request by the Province to do so.
7.17
CONFLICT OF INTEREST
On or before the RFP Closing Date and Time, Proponents must fully disclose to the
Contracting Manager, in writing, the circumstances of any actual, possible or perceived
conflict of interest in relation to the Proponent, all Proponent Team members or any
Resource, employee, sub-contractor or agent, if the Proponent were to become the
Contractor pursuant to this RFP. The Province shall review any submissions by
Proponents under this provision and may reject any Proposal where, in the sole discretion
of the Province, the Proponent, any Proponent Team member, Resource, employee, subcontractor or agent is, could be, or could be perceived to be in a conflict of interest if the
Proponent were to become the Contractor pursuant to this RFP.
7.18
7.19
a)
The Lobbyists Act (Alberta), as amended from time to time, establishes certain
obligations and prohibitions with respect to lobbying and contracts for paid
advice, as those terms are defined in the Lobbyists Act; and
b)
7.20
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19
b) Details regarding the manner and form of the modified RFP process and the
expected deliverables to be included therein will be provided in advance to all
Proponents who submitted an applicable non-compliant Proposal;
c) Modified Proposals and accompanying documentation, upon receipt by the
Province, will become the property of and be retained by the Province;
d) Proponents submitting Modified Proposals must meet the mandatory
requirements identified in the Modified RFP Process; and
e) At the conclusion of the modified RFP process, following the Proponents
submission of the Modified Proposals, the Evaluation Team will evaluate the
Modified Proposals in accordance with an evaluation plan developed for the
Modified Proposal.
7.21
7.22
7.23
7.24
CONTRACT AWARD
Following the final selection of the successful Proponent, if any, the Province and the
successful Proponent will enter into the Contract containing the terms and conditions in
Appendix A. If, in the opinion of the Province, it appears that a Contract will not be entered
into with the successful Proponent within 30 calendar days of notification of the final
selection, the Province may contract with another Proponent.
7.25
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20
7.26
7.27
PROPONENT DEBRIEFING
At the written request of an unsuccessful Proponent, the Province may, in its sole
discretion, conduct a debriefing to tell the Proponent why its Proposal was not selected.
The unsuccessful Proponents written request for a debriefing must be received by the
Province within ten (10) Business Days of notification to the Proponent that it was
unsuccessful.
7.28
LIMITATION OF LIABILITY
Notwithstanding any other provision in this RFP, a Proponent who responds to this
RFP by submitting a Proposal acknowledges and agrees that any claim for damages
and/or compensation of any kind related directly or indirectly to a breach of contract
and/or other cause of action arising from:
a) The RFP process;
b) The evaluation of Proposals;
c) The awarding of the Contract; and/ or
d) A decision by the Province not to award the Contract;
shall be limited to the Proponents Proposal preparation costs. Proposal preparation
costs are the actual and reasonable costs borne by a Proponent to prepare and submit
its Proposal. By submitting a Proposal a Proponent acknowledges and agrees to this
limitation.
7.29
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21
APPENDIX A Contract
CONTRACT NUMBER: ________________________ (this Contract)
THIS CONTRACT IS MADE EFFECTIVE THE _____ DAY OF ________________, 20 ____
(the Effective Date)
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA,
as represented by the President of Treasury Board, Minister of Finance
through Corporate Human Resources
(the Province)
- and [NAME OF CONTRACTOR(S)]
(the Contractor)
BACKGROUND
A. Pursuant to the Request for Proposals issued by the Province and a Proposal submitted by
the Contractor, the Contractor has agreed to provide certain Services to the Province
related to the development and delivery of management engagement sessions; and
B. The Province and Contractor wish to enter into this Contract to set out the terms and
conditions of the Contractors Services to the Province and the parties obligations and
rights.
Therefore, the parties agree as follows:
DEFINITIONS AND INTERPRETATION
1.
The terminology defined in section 1.2 and the interpretation guidelines set out in section
1.3 of the Request for Proposals are incorporated into and shall apply in this Contract.
TERM OF CONTRACT
2.
This Contract shall be effective from the Effective Date and expires on ________ (the
Term), unless terminated in accordance with this Contract. The Province may extend the
Term, at its sole discretion, under the same terms and conditions of this Contract, including
pricing under this Contract, for one (1) additional term of up to twelve (12) months.
October 5, 2016
PERFORMANCE OF SERVICES
3.
The Contractor agrees to perform the Services as set out in Schedule A in accordance with
the provisions of this Contract and follow any directions from the Province regarding the
performance of the Services. The Contractor represents and warrants that it has the
qualifications and expertise to perform the Services, and statements regarding the
performance of Services made by the Contractor in its Proposal that are incorporated into,
attached to or otherwise included in Schedule A are representations and warranties of the
Contractor and form part of this Contract.
PAYMENT
4.
(a)
Subject to clauses 4.(b), 5, 18.(c)ii. and 21.(b) of this Contract, the Contractor
shall be paid:
i. the amounts specified in the Contractors Pricing Form located in its
Proposal for completion of the Services in accordance with this Contract,
the respective Request for Services, the RFP and Proposal; and
ii. upon submitting an invoice and other supporting documentation/
information required by the Province describing the Services for which
payment is claimed.
(b) The Province shall pay the Contractor within 30 calendar days of receipt of an
invoice provided the requirements of clause 4.(a) of this Contract have been met
and provided that the Province has not requested the re-execution of any Services
and/or Materials corresponding to the amounts specified in the Contractors
respective invoice.
(c) The Province represents and warrants that, as the purchaser of the Services
provided under this Contract, no amount payable under this Contract is subject to
the Goods and Services Tax (GST) or Harmonized Sales Tax under Part IX of
the Excise Tax Act (Canada), as amended from time to time. The Government of
Albertas GST Registration Number is 1240 72513 RT0001.
(d) The Province may deduct from all payments to the Contractor such amounts as
are required by the Income Tax Act (Canada), as amended from time to time.
5.
The Province may order the re-execution of any Services and/or Materials that are
not performed in accordance with the provisions of this Contract, the respective
Request for Services, the RFP and/or Proposal and/or to the satisfaction of the
Province, in which case the Contractor shall re-execute the Services and/or Materials
at the Contractors sole expense.
October 5, 2016
(b)
Keep the documents referred to in clause 6(a) for the duration of the Term and
for three years following the expiry or termination of this Contract.
6.1
7.
Submit a written status report to the Province during the Term, upon request,
indicating:
i. the overall summarization of the progress of the Services;
ii. the Services completed during that reporting period;
iii. financial summary of budget and expenditures during that reporting
period;
iv. issues and concerns affecting specific deliverables and the overall Services
schedule or any other aspect of the Services; and
v. any other information requested by the Province in relation to the
completion of this Contract; and
(b)
7.1
October 5, 2016
(b)
PERSONNEL REPLACEMENT
9.
(a)
(b)
October 5, 2016
COMPLIANCE
10.
Comply with the provisions of all laws, now in force or in force after the
signing of this Contract, that expressly or by implication apply to the Contractor
in performing the Services; and
(b)
When the Workers Compensation Act (Alberta), as amended from time to time,
applies, and upon request from the Province, deliver to the Province a certificate
from the Workers Compensation Board showing that the Contractor is
registered and in good standing with the Board.
MATERIAL OWNERSHIP
11.
(a)
(b)
(c)
(d)
The Contractor:
i. irrevocably waives in whole all moral rights; and
ii. shall ensure that its resources, employees, subcontractors and/or agents
irrevocably waive in whole all moral rights,
in and to the Materials in favour of the Province and the Provinces assignees
and licensees. Upon request of the Province, the Contractor shall deliver to the
Province copies of the waivers obtained from its resources, employees,
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(f)
The Contractor shall cooperate with the Province in protecting the Provinces
ownership and/ or intellectual property rights in the Materials.
NON-DISCLOSURE OF INFORMATION
12.
(a)
Except as provided in clauses 12 and 13, all information, regardless of form and
state of completion, including Materials, that is obtained, generated, provided
and/or acquired by the Contractor in the performance of the Services
collectively (the Provinces Information), shall not be disclosed or published
by the Contractor without the prior written consent of the Province.
Notwithstanding the forgoing, the Contractor may disclose the Provinces
Information to resources, employees, subcontractors and/ or agents of the
Contractor who have a need to know for the purpose of performing the Services,
provided that the Contractor has a confidentiality agreement with the resource,
employee, agent and/ or permitted subcontractor containing confidentiality
provisions substantially similar to this Contract.
(b)
Subject to clause 13(b), the Contractors obligations in clause 12(a) do not apply
to information or documents which:
i. are or become publicly available through no act or omission of the
Contractor;
ii. are independently developed without benefit of the Provinces
Information; or
iii. are received by or from a third party without restriction and without a
breach of an obligation of confidentiality.
(c)
October 5, 2016
The Contractor shall retain the Provinces Information as confidential and shall
make reasonable security arrangements against unauthorized access, use,
disclosure, loss, destruction and/ or alteration of the Provinces Information,
including in the transmission (electronic or otherwise) of any of the Provinces
Information, and including, but not limited to, any such arrangements that form
part of the Services. The Contractor shall immediately advise the Province of
any unauthorized access, use, disclosure, loss, destruction and/or alteration of
the Provinces Information, and shall provide the Province any assistance
reasonably required to rectify such a situation.
(d)
Upon written request, the Contractor shall cooperate with and allow the
Province to review the Contractors security arrangements, including any onsite visits and inspections and/or investigations, relating to the Provinces
Information held by the Contractor in carrying out the Services and other
obligations of the Contractor under this Contract; and the Contractor shall make
any changes to its security arrangements relating to the Provinces Information
that such review identifies as necessary to maintain reasonable security
arrangements (in accordance with this Contract) in respect of the Provinces
Information. The requirements of clauses 12(c) and 12(d) shall be at no
extra cost to the Province.
(e)
(f)
(g)
(h)
The Contractor acknowledges and agrees that this Contract, including without
limitation the name of the Contractor, fees payable, the Term and details of the
Services may be subject to disclosure under FOIP. The Contractor further
acknowledges and agrees that FOIP applies to the Provinces Information
collected, used and/ or disclosed in the performance of the Services, and the
Contractor shall adhere to FOIP in its collection, use and/or disclosure of any
Personal Information.
(b)
The Contractor shall not collect, use and/ or disclose any Personal Information
under this Contract except as reasonably required to fulfill its obligations under
this Contract, or as otherwise expressly authorized in writing by the Province.
October 5, 2016
(c)
Upon request, the Contractor shall and within five (5) Business Days, provide to
the Province any records that are requested under the access provisions of FOIP
that are in the custody or under the control of the Contractor. Should the
Contractor receive an access request under FOIP, the Contractor shall not
respond to it, but shall immediately forward the access request to the Province
for further handling.
(d)
In providing the Services, the Contractor shall make every reasonable effort to
ensure that Personal Information that is to be or is actually used to make a
decision that directly affects an individual, is both complete and accurate. At
the Provinces request, the Contractor must correct, within five (5) Business
Days of the request, Personal Information that the Contractor may have either
collected or compiled about an individual pursuant to this Contract.
(e)
(f)
The Contractor shall store only in Canada all records of Personal Information
which are disclosed to the Contractor under this Contract, including records that
are collected, used and/or stored on behalf of the Province.
(g)
The Contractor shall act on any direction that the Province may provide with
regard to the use, collection, access, security, disclosure, alteration, loss and/or
destruction of Personal Information.
13.1
October 5, 2016
Each party shall indemnify and hold harmless the other, its employees and
agents against and from any and all third party claims, demands, actions, or
costs (including legal costs on a solicitor-client basis) to the extent arising from:
The Contractor shall indemnify and hold harmless the Province against and
from any loss or damage to the real or personal property of the Province to the
extent arising from the Contractors breach of this Contract or from the
negligence, other tortious act or wilful misconduct of the Contractor, or those
for whom it is legally responsible.
INSURANCE
15.
(a)
The Contractor shall, at its own expense, and without limiting its liabilities or
obligations under this Contract, insure its operations under a contract of general
liability insurance in an amount not less than $2,000,000 inclusive per
occurrence, insuring against bodily injury, personal injury and property damage
including loss of use thereof.
(b)
(c)
(d)
The Contractor shall ensure that all its subcontractors obtain and maintain
insurance sufficient to meet the requirements in clauses 15(a) and (b).
(e)
RELATIONSHIP OF PARTIES
16.
The parties agree that the relationship of the Contractor to the Province in performing the
Services under this Contract is that of an independent contractor, and nothing in this
Contract is to be construed as creating an agency, partnership, joint venture or employment
relationship between the Contractor and the Province.
October 5, 2016
NOTICES
17.
(a)
__________________________
Address:
__________________________
Attention:
__________________________
Fax:
__________________________
Email:
__________________________
The Contractor:
__________________________
Address:
__________________________
__________________________
__________________________
Attention:
__________________________
Fax:
__________________________
Email:
__________________________
The parties respectively designate for the time being, the individuals identified
in this clause as having the authority to give notice, and notice given by these
individuals is binding on the party giving the notice.
(b)
Either party may change its information in clause 17(a) by giving notice to the
other in the manner described in clause 17(a).
(c)
October 5, 2016
TERMINATION
18.
(a)
The Province may at any time immediately terminate this Contract, without
cause, upon written notice to the Contractor.
(b)
The Province may at any time immediately terminate this Contract, with cause,
upon written notice to the Contractor.
(c)
The Contractor, its resources, employees, subcontractors and/or agents when using any of
the Provinces buildings, premises, equipment, hardware and/ or software shall comply
with all safety and security policies, regulations and/ or directives relating to those
buildings, premises, equipment, hardware and/ or software.
PARTIES REPRESENTATIVES
20.
(a)
(b)
(c)
Either party may change its designated representative above by sending written
notice to the other party of such change.
October 5, 2016
The Contractor shall ensure that there is not a conflict of interest or an apparent
conflict of interest on the part of the Contractor and/or its resources, employees,
subcontractors and/ or agents in relation to the Services, and all Services shall
be performed in accordance with high ethical standards, including, without
limitation, the following:
i. the Contractor and its resources, employees, subcontractors and/ or agents
shall not influence, seek to influence and/ or otherwise take part in a
decision of the Province knowing that the decision might further their
private interests;
ii. where the Services involve providing advice, making recommendations to
the Province and/or exercising discretionary authority regarding a right,
permission, privilege, status, contract and/or benefit, then such advice,
recommendation and/or discretion must be provided, made and/ or carried
out impartially and without bias;
iii. except for payment as set out in this Contract, the Contractor and its
resources, employees, subcontractors and/ or agents shall not accept any
collateral gift, payment, commission and/ or other direct benefit arising
from or connected to the performance of the Services;
iv. the Contractor and its resources, employees, subcontractors and/or agents
shall not have any financial interest in the business of a third party that
causes, or would appear to cause, a conflict of interest in connection with
the performance of the Services;
v. the Contractor, upon request by the Province, shall deliver copies of all
written ethical standards, conflict of interest policies and codes of conduct
established and/ or observed by the Contractor in its business practices
and/or in relation to its resources, employees, subcontractors and/or
agents; and
vi. the Contractor shall comply with, and ensure that, its resources,
employees, subcontractors and/ or agents comply with the Lobbyists Act
(Alberta), as amended from time to time.
(b)
October 5, 2016
In the event the Contractor becomes aware of any matter that causes or is likely
to cause a conflict of interest (including an apparent conflict of interest) in
relation to the performance of the Services, the Contractor shall immediately
disclose such matter to the Province in writing. Upon such disclosure, the
Contractor shall not commence or continue performance of the Services without
the prior written consent of the Province. If the Province is of the opinion the
Contractor and/ or its resources, employees, subcontractors and/ or agents are in
a conflict of interest, the Province may immediately terminate this Contract and
the Province shall only have to pay the Contractor for the Services completed in
accordance with this Contract up to the effective date of termination.
SURVIVAL OF TERMS
22.
Notwithstanding any other provision of this Contract, those clauses which by their nature
continue after the expiry or termination of this Contract shall continue after such expiry or
termination, including, without limitation, the following:
(a) Clause 6
GENERAL
23.
In the case of conflicts or discrepancies among this document and the schedules and any
documents attached to and/ or incorporated into this document, the documents shall take
precedence and govern in the following order:
(a)
(b)
(c)
The RFP;
(d)
(e)
24.
25.
This Contract contains the entire agreement of the parties concerning the subject matter of
this Contract and except as expressed in this Contract, there are no other understandings or
agreements, verbal or otherwise, that exist between the parties. The Background forms part
of this Contract. This Contract is issued pursuant to the RFP and incorporates the terms,
conditions and warranties of the RFP and Contractors Proposal, except as modified by this
Contract.
26.
Any waiver by either party of the performance by the other of an obligation under this
Contract must be in writing, and such waiver does not constitute a continuing waiver of the
performance of that obligation unless a contrary intention is expressed in writing.
October 5, 2016
27.
The rights and remedies of the Province under this Contract are cumulative and any one or
more may be exercised.
28.
The parties may amend this Contract only by mutual written agreement signed by the
parties.
29.
This Contract shall be governed by and interpreted in accordance with the laws in force in
the Province of Alberta, and the parties irrevocably attorn to the exclusive jurisdiction of
the courts of the Province of Alberta.
30.
This Contract shall be for the benefit of and binds the successors and assigns of the parties.
31.
This Contract may be executed in counterparts, in which case: (a) the counterparts together
shall constitute one agreement; and (b) communication of execution by facsimile
transmission or emailed in PDF shall constitute good delivery.
October 5, 2016
32.
The Contractor represents and warrants and acknowledges and agrees that:
(a)
(b)
It has had an opportunity to consider this Contract and obtain independent legal
advice before signing it;
(c)
In executing this Contract, the Contractor does not rely upon anything told or
promised to the Contractor by any person, except as contained in this Contract;
and
(d)
_________________________________
Signature
_________________________________
Print Name
_________________________________
Title
_________________________________
Date
October 5, 2016
(Name of Contractor)
Per:
_________________________________
Signature
_________________________________
Print Name
_________________________________
Title
_________________________________
Date
1. Services
The Contractor shall perform the Services as they are described in clause 7 of this Contract and
sections 3.1, 3.2, 3.3 and Appendix B of the RFP. The Contractor shall perform the Services within
the timelines prescribed in Appendix B to the RFP.
2. Order of Precedence
In the case of conflicts, discrepancies, errors or omissions among the RFP and the Proposal; the
documents and amendments to them shall take precedence and govern in the following order:
(a) The RFP; and
(b) The Proposal.
[End of Schedule]
Page 37
APPENDIX B Services
1. Services
The Province requires the Contractor to perform the services set out in sections 1.1 and
1.2 below (collectively referred to as the Services):
1.1
Type 1 Services
Providing the design and delivery of the management engagement sessions and all
associated materials required to build and sustain a better understanding of employee
engagement while creating capacity within the management group of the APS, with the
intent to internally host and facilitate future management engagement sessions. The
design and delivery of management engagement sessions (also known as Type 1
Services) shall include the following tasks:
a) The design and production of all related management engagement session
materials, materials will include, but is not limited to:
i. management engagement session annotated agenda;
ii. Participant guides;
iii. PowerPoint presentation to be distributed to participants
iv. Tools and simulated exercises as recommended by the Contractor, which
recommendations are only to be used with consent from the Province;
b) Delivery of approximately 25 sessions held across Alberta. This will include the
facilitation and delivery of all content during each session.
c) Post session work will include, but is not limited to:
i.
Analysis of the feedback, as well as the raw data gathered at each event.
ii.
Reviewing results with the Engagement team and Senior Leadership.
iii. Development of train the trainer tools to aide in the facilitation of future,
internally delivered Management Engagement Sessions.
iv. Providing the Province with written report and recommended next steps.
1.2 Type 2 Services
Type 2 Services may include, but are not limited to, the following tasks by the
Contractor:
a) Researching, coaching, advising, presenting, reporting to and meeting with the
Province, as directed, to address additional related project activities and requirements
that arise as a result of Type 1 Services, and/or providing constituent requested
elements of Type 1 services.
Page 38
Completion Date
Type 2 Services
Type 2 Services timelines to be determined at the time of Request
for Services.
Determined at time of
Request for Services
3. Facilities
a) The Province will provide the following to support the Contractor in its performance
of the Services:
Meeting space for meetings between the Province and Contractor (as required).
Session venues and logistical requirements
b) The Contractor will provide the following in order to perform the Services:
4. Standards of Care
The Contractor shall perform the Services with reasonable skill, care and diligence and in
accordance with any applicable industry standards of suppliers of services similar to, or
the same as, the Services described in this RFP.
Page 39
Session Location
Date of Session
Estimated
Numbers
Managers
1.
Pricing
Number of Assessments
$
Fixed Fee Per Session
$
Total Cost
* Pricing is in Canadian dollars and is GST exempt.
Details of Services being purchased and Delivery Dates:
II.
Description of Services
Services
Pricing
$
Fixed Hourly Rate
Estimated Number of Hours Required
$
Total Services Cost
$
Total
* Pricing is in Canadian dollars and is GST exempt.
Page 40
1.0
The total cost of the above requested Services shall not exceed a maximum of: $ XXXXX
for the Services delivered in accordance with the fixed prices as set out in the Contractors
Proposal.
2.0
Terms and Conditions of the Request for Services
The terms and conditions of Contract __________ are incorporated into this Request for Service.
3.0
Requests for Services Term
The effective date of this Request for Services will be the date first noted above.
Page 41
, 2016)
Delivery Address:
Email Address:
angela.pappas@gov.ab.ca
Telephone:
780-641-9838
Page 42
b) Identify experience delivering equivalent engagement sessions with the public sector/ public
service organizations or organizations with the complexity and size of the Government of
Alberta. Identify results and outcomes, particularly if there were measureable increases in
engagement scores;
c) Describe its experience delivering equivalent engagement sessions across a broad range of
business areas, which may include information technology, finance, policy, industry
development, trade relations and legal; and a range of industry sectors which may include health,
energy, natural resource management, social services and Indigenous relations. Identify results
and outcomes, particularly if there were measureable increases in engagement scores: and
d) Identify experience working specifically with management and organizational leadership
in the public sector/ public service organizations or organizations with the complexity
and size of the Government of Alberta;
e) Provide at least three business-related references. If references are not included
with the Proposal, the Proponent must provide them within two Business Days of a
request by the Province to do so.
Page 43
Page 44
Deliverable:
Agendas, facilitation guides, participant guides,
presentation materials, key note presentation, tools and
simulated exercises.
b) Service:
Delivery of approximately 25 sessions held across Alberta.
This will include the facilitation and delivery of all content
during each session. As well as a key note address.
Deliverable:
Price
$_________
Maximum
Fixed
For development of the
sessions and associated
materials.
(Based on completion of
Services and receipt of
deliverables)
$_________
Maximum
Fixed
For delivery and
execution of each of
sessions.
Page 45
$_________
Maximum
Fixed
For all Post session
deliverables.
$_________
Maximum
Fixed
For
The Proponent proposes the following Maximum Fixed Hourly Rate for completing Type 2
Services that may be required at the discretion of the Province
Maximum Fixed Hourly Rate
$ __________
The Maximum Fixed Hourly Rate is exclusive of expenses. All expenses must be pre-approved
by the Province before the Contractor incurs same. For example, the cost of materials needed to
perform Type 2 Services may be reimbursable if pre-approved. Failure to obtain pre-approval
for expenses for Type 2 services will automatically render such expenses non-payable by the
Province, subject to section 3 below.
3. Expenses
Page 46
The Proponents approach to achieve desired outcomes and the strategy pertaining to
management engagement, including how to build and sustain capacity within this group to
better understand and aide in the improvement of employee engagement scores going
forward. Proponents should also be able to clearly identify what employee engagement
methodologies (including, for example, tools and exercises) they will utilize in the design
and delivery of the management engagement sessions and how their preferred
methodologies compare to others, if applicable.
b.
c.
d.
Identification of at least three post sessions debriefs with the Province that could allow for
modification to be made at the provinces discretion if challenges or opportunities for
improvement are identified during the delivery and/or the participant evaluation of the
management sessions; and
f)
Any value added which the Proponent proposes will be provided over and above the
Services specified in this RFP at no additional cost to the Province. The Proposal should
demonstrate how the proposed value add may provide qualitative and/or quantitative
benefits to the Province. This may include whether the Proponent has a locally available
team to achieve Project deliverables.
Page 47
Background:
A. Proponents wishing to review the confidential draft documents referred to in Section 2.1 of
the RFP (Documents) are required to sign and return this Non-Disclosure Agreement by
mail, e-mail or facsimile to the Provinces Contracting Manager identified on the cover page
of the RFP.
B. All information contained in the Documents is considered confidential and may only be
used by the Proponents for the purpose of preparing Proposals in response to the RFP.
In consideration of the provision of the Documents to the Proponent for the Proponents
review, so as to assist in submitting a complete Proposal, the Proponent agrees as follows:
1.
2.
The Information and the terms and conditions of this Non-Disclosure Agreement may only
be disclosed to such persons employed, engaged or contracted by the Proponent on a need
to know basis solely for the purpose of responding to the RFP.
3.
The Information shall not be disclosed by the Proponent to any third party, including
agents, subcontractors or affiliates of the Proponent without the express written consent of
Page 48
the Province.
4.
The Proponent shall require that all persons having access to the Information comply with
the provisions of this Non-Disclosure Agreement. For greater certainty, the Proponent shall
contractually obligate those persons who it provides access to the Information to maintain
the same level of confidentiality as required by the Proponent, pursuant to this NonDisclosure Agreement. Upon request by the Province, the Proponent shall provide to the
Province relevant documentation indicating that the Proponent has met this requirement.
5.
The requirements set forth in this Non-Disclosure Agreement shall not apply to any part of
the Information which:
a. Is in the public domain at the date of disclosure to the Proponent or which thereafter
enters the public domain other than by any act or failure to act on the part of the
Proponent and/or those persons who it provides the information to;
b. Is already known to the Proponent (as evidenced by the Proponents written
records) at the time of its disclosure to the Proponent by the Province, except to the
extent the information was acquired by, or became known to, the Proponent in the
course of carrying out an existing or previous contract with the Province;
c. Was lawfully acquired by the Proponent from a third party (as evidenced in the
Proponents written records);
d. Was required to be disclosed by the Proponent as contemplated in clause 6 below;
or
e. Was independently developed by the Proponents Resources and/ or employees who
had no access to the Information.
6.
7.
If the Proponent makes copies of any of the Documents and the Proponent determines that
it does not wish to respond to the RFP or is not the successful Proponent in the RFP, the
Proponent shall forthwith destroy all copies of the Documents it has created regardless of
the medium they are stored on.
8.
The Proponent shall not use any of the Information in furtherance of the Proponents
business or for its own benefit, profit or advantage other than responding to the RFP.
9.
This Non-Disclosure Agreement shall be effective on the Effective Date. Information must
be kept confidential the longer of six (6) years, the Confidentiality Legislation requirement,
if any, to keep Information confidential or so long as the Proponent retains Information of
the Province.
10.
The Proponent understands that in providing the Information to the Proponent, the Province
makes no representation or warranty as to the accuracy or completeness of the Information.
The Proponent agrees that neither the Province, nor anyone representing the Province, shall
Page 49
have any liability for any errors or omissions or for any damages resulting from the use of
the Information. The Proponent shall rely solely on its own appraisals, estimates,
interpretations and analysis related thereto.
11.
12.
Nothing herein shall be construed as granting to the Proponent a license or any rights to
intellectual property of the Province including without limitation, trademark or copyrights
in any country relating to the Information.
13.
If any of the Proponents representatives visit any of the business sites of the Province for
the purpose of responding to the RFP, the Proponent hereby indemnifies and saves the
Province, and its agents harmless from any claims and liabilities resulting from the
negligence or misconduct of the Proponents representatives during any such visit.
14.
15.
No failure or delay by the Province to exercise any of its rights, powers or privileges under
this Non-Disclosure Agreement shall operate as a waiver hereof.
16.
17.
This Non-Disclosure Agreement shall be binding upon and enure to the benefit of the
Parties hereto and their respective successors.
18.
This Non-Disclosure Agreement shall not be assigned by the Proponent without the written
consent of the Province.
19.
20.
The Proponent represents and warrants and acknowledges and agrees that:
(a) It has read this Non-Disclosure Agreement and understands it;
(b) It has had an opportunity to consider this Non-Disclosure Agreement and obtain
independent legal advice before signing it;
(c) In executing this Non-Disclosure Agreement, the Proponent does not rely upon
anything told or promised to the Proponent by any person, except as contained in
this Non-Disclosure Agreement; and
(d) It was not prevented or discouraged by anyone or any party to this NonDisclosure Agreement from seeking independent legal advice prior to the signing
and delivery of this Non-Disclosure Agreement, and that, in the event that the
Proponent did not avail itself of that opportunity prior to signing this NonDisclosure Agreement, the Proponent did so voluntarily without any undue
Page 50
pressure and agrees that any failure to obtain independent legal advice shall not be
used by the Proponent as a defence to the enforcement of any obligation under
this Non-Disclosure Agreement.
21.
This Non-Disclosure Agreement may be executed in counterparts, in which case (i) the
counterparts together shall constitute one agreement, and (ii) communication of execution
by facsimile transmission or emailed in PDF shall constitute good delivery.
Agreed to and accepted by this ______ day of ___________________, 201_ (the Effective
Date).
_________________________________
HER MAJESTY THE QUEEN IN RIGHT OF
ALBERTA, as represented by the President of
Treasury Board, Minister of Finance through
Corporate Human Resources.
(Proponents Name)
__________________________________
(Name of the Officer of the Proponent)
Per:
____________________________________
(Signature of the Officer of the Proponent)
____________________________________
(Proponents Address)
____________________________________
(Telephone Number)
____________________________________
(Facsimile Number)
_________________________________
Signature
_________________________________
Print Name
_________________________________
Title
_________________________________
Date
____________________________________
(E-mail Address)
Page 51