Part A: Supply arrangement

On this page

1. Supply arrangement
2. Security Requirement
3. Standard clauses and conditions
4. Term of the supply arrangement
5. Authorities
6. Federal department users
7. Priority of documents
8. Certifications
9. Applicable laws
10. Suspension or cancellation of qualification by Canada
11. Indigenous business certification (if applicable)
12. Comprehensive Land Claims Agreements
13. Environmental considerations
14. Insurance requirement
15. Travel and living
16. Regions and metropolitan areas
17. Transition to an e-procurement solution
18. Proactive disclosure of contracts with former public servants

1. Supply arrangement

The solution-based professional services supply arrangement (SA) is the mandatory method of supply for the provision of solution-based, non-informatics professional services. It covers 5 core areas of expertise that are commonly and nationally used:

1. Human resources services
2. Business consulting/change management services
3. Project management services
4. Real property project management services
5. Technical, engineering and maintenance services (TEMS)

A solution-based professional services requirement is not related to 1 or more specific tasks; they are services provided in response to situations where federal government users are unable to resolve a business problem and require a solution from a supplier as to how to resolve this business problem from start to finish. The supplier would be expected to determine the team composition and provide a complete solution to this business problem, manage the overall solution and accept responsibility for the outcome. Each solution must have the following:

1. Initiation phase: Demonstrates the steps taken in order to begin the process of developing the solution
2. Planning phase: Identifies the process and methodology used to organize the solution objectives and develop a strategy to achieve the objectives
3. Execution phase: Outlines the steps that were used for implementation and the resulting deliverables or outcome of the solution

The SA encompasses only those services described under the streams that are listed within Annex A: Task and solutions professional services solution-based streams. Those services are further identified in the case of each specific SA holder in Annex D: Task and solutions professional services solution supply arrangement—Qualified streams at issuance of the SA.

In addition to the clauses and conditions enumerated in section 3 below, contracts resulting from this SA can, at the discretion of the federal department user (client), incorporate: various security requirements, options to extend the contract (within the scope of the applicable Tier), & limitations of expenditure and liability.

2. Security requirement

2.1 The supplier must, at all times during the performance of the SA hold a valid designated organization screening (DOS), issued by the contract security program (CSP)/Public Works and Government Services Canada (PWGSC). The SA authority may verify the supplier's security clearance with CSP of PWGSC at any time during the period of the SA.

2.2 The requirements to be procured under this SA are subject to the requirements in the security requirement check lists (SRCL's) identified in each individual bid solicitation. Each bid solicitation will identify the SRCL that will apply to any resulting contract.

2.3 Subcontracts which contain security requirements are not to be awarded without the prior written permission of CSP/PWGSC.

2.4 In the case of joint ventures or amalgamations, the highest level of corporate security attainable through CSP of PWGSC is the lowest level held by any single member of the joint venture or amalgamation. For example, a joint venture with 5 members is comprised of 4 members holding a valid facility security clearance (FSC) at the secret level and 1 member holding a valid designated organization screening. The highest corporate security level for which the joint venture would be considered under this SA framework would be DOS, until such time as the member holding a valid DOS obtained a valid FSC at the secret level issued by CSP.

2.5 Additional security checks may be conducted by the federal department user.

3. Standard clauses and conditions

All clauses and conditions identified in the SA and resulting contract(s) by number, date and title are set out in the Standard acquisition clauses and conditions manual issued by PWGSC.

2020 General conditions—Supply arrangement—Goods or services apply to and form part of the SA.

3.1 Changes to supply arrangement

As a result of the SA being perpetual, from time to time, PWGSC may also amend any part of the supply arrangement as a result of a policy notification, legislation, or procedural change. Any such change will not affect existing contracts in place prior to the date of change. Notification of such change will be sent to suppliers via a generic email. Should a supplier not be in agreement with such modifications, and no longer wish to be considered for requirements issued under the supply arrangement framework as a result of the changes, the supplier will notify the supply arrangement authority and this supplier will no longer be on the list of qualified suppliers.

3.2 Resulting contract clauses

The conditions of any contract awarded under this SA will be in accordance with Part C: Resulting contract clauses.

3.3 Supply arrangement reporting

The supplier must compile and maintain records on its provision of goods, services or both to the federal government under contracts resulting from the SA.

The supplier must provide this data in accordance with the reporting requirements detailed at: Quarterly usage report instructions. If no goods or services are provided during a given period, the supplier must still provide a "NIL" report. Canada reserves the right to change the “NIL” reporting procedure at any time.

Failure to provide fully completed quarterly reports in accordance with the above instructions may result in the suspension or the cancellation of the SA and the application of a vendor performance corrective measure.

4. Term of the supply arrangement

4.1 Period of the supply arrangement

The SA is valid from date of SA issuance and ends on December 31, 2100. Canada may, by notice in writing to all SA suppliers and by posting on buyandsell.gc.ca, cancel this SA or its stream(s) by giving all SA suppliers at least 30 calendar days’ notice of the cancellation.

4.2 On-going opportunity to qualify

Ongoing opportunities are made available by Canada to enable new bidders to qualify and existing suppliers to modify their existing SA. Participation in the refresh solicitations is entirely optional and not required to maintain any Task and Solutions Professional Services (TSPS) SA.

This schedule may require a revision due to operational requirements, in which case suppliers will be advised via the centralized professional services system (CPSS) supplier dashboard.

Please note that the data collection component (DCC) will not allow a bidder to submit another bid to a subsequent period until the results of their previously submitted bid is published.

5. Authorities

5.1 Supply arrangement authority

The SA authority is:

Supply team leader of the TSPS method of supply
Online Professional Services Division - ZT
Public Works and Government Services Canada
Acquisitions Branch, Procurement Systems Directorate

Address:

10 Wellington Street
Terrasses de la Chaudière, 5th Floor
Gatineau, Quebec K1A 0H4
Email: tpsgc.spts-tsps.pwgsc@tpsgc-pwgsc.gc.ca

The SA authority (or its authorized representative) is responsible for the issuance of the SA, its administration and its revision, if applicable. Upon the issuance of a bid solicitation under the SA by a client (federal department user), that client's contracting authority is responsible for any contractual issues relating to the contract solicited. Any changes to the SA must be authorized in writing by the SA authority.

The SA authority is the main delegated authority on behalf of Canada and the minister for the administration and management of this SA. The SA authority will act as the overall maintainer of the TSPS SA pre-qualified supplier's list and will be responsible for ensuring the administration of all SAs.

5.2 Supplier's representative

This individual is the central point of contact within the supplier on all matters pertaining to this SA. The supplier confirms that this individual has the authority to bind the supplier. It is the supplier's sole responsibility to ensure that the information related to the supplier representative is correct. If a replacement or a new supplier representative is required, the supplier will:

1. inform CPSS by email at tpsgc.sspc-cpss.pwgsc@tpsgc-pwgsc.gc.ca
2. inform the SA authority by email at tpsgc.spts-tsps.pwgsc@tpsgc-pwgsc.gc.ca and provide the following information:
   • name
   • telephone number
   • email

The supplier may designate another individual to represent the supplier for administrative and technical purposes under any contract resulting from this SA.

5.3 Supplier's information

Suppliers are responsible for the maintenance of their tombstone data in CPSS. Suppliers must also safeguard the credentials released to the main supplier contact (MSC) and supplier's contacts that enable access to the supplier module of CPSS.

Canada will not delay or cancel any solicitation or contract process due to a supplier's inability to access, modify or validate such credentials, or because of any claim that such credentials were used without proper authorization.

6. Federal department users

Subject to signing a master level user agreement, the federal department users (also known as an ‘identified user’ or ‘client’) include any government department, agency or Crown Corporation listed in Schedules I, I.1, II, III, IV and V of the Financial Administration Act, R.S., 1985, c. F-11 and any other party for which the department of Public Works and Government Services has been authorized to act from time to time under section 16 of the Department of Public Works and Government Services Act.

Canada may, at any time, withdraw authority from any of the federal department users to use the SA.

7. 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.

1. The articles of the supply arrangement
2. The General conditions 2020, general conditions—Supply arrangement—Goods or services
3. Annex A: Streams
4. Annex B: TSPS generic security requirements check lists (SRCLs)
5. Annex C: Insurance requirements
6. Annex D: Qualified streams
7. The bidder’s bid received in response to the Request for supply arrangement

8. Certifications

8.1 Compliance

Compliance with the certifications provided by the supplier in the arrangement is a condition of the SA and subject to verification by Canada during the term of the SA and of any resulting contract that would continue beyond the period of the SA. If the supplier does not comply with any certification or it is determined that any certification made by the supplier in the arrangement is untrue, whether made knowingly or unknowingly, Canada retains the right to terminate any resulting contract for default and suspend or cancel the SA.

9. Applicable laws

The SA and any contract resulting from the SA must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario, Canada. Unless otherwise stipulated in the supplier's bid or a resulting contract.

10. Suspension or cancellation of qualifications by Canada

In addition to the circumstances identified in article 09 of the General conditions 2020, Canada may, by sending written notice to the supplier, suspend or cancel the SA where the Supplier has made public any information that conflicts with the terms, conditions, pricing or availability of systems identified in this SA, or where the supplier is in default in carrying out any of its obligations under this SA, including any violations of the Code of Conduct for Procurement.

If an identified user (also known as a client department) notifies the supply arrangement authority that they have terminated a contract for default with a pre-qualified supplier, under General conditions—Supply arrangement—Goods or services 2020 09 1(b), the supply arrangement authority may do the following:

1. First offense: provide a written warning to the pre-qualified supplier, outlining the repercussions should this happen again
2. Second offense: suspend the supply arrangement of the pre-qualified supplier for a period of 3 months upon written notification to the pre-qualified supplier. The written notification will indicate the date on which the suspension will be complete
3. Third offense: suspend the supply arrangement of the pre-qualified supplier for a period of 6 months upon written notification to the pre-qualified supplier. The written notification will indicate the date on which the suspension will be complete, and in the case of multiple suspensions, confirm the number of suspensions the pre-qualified supplier has already received

Once each suspension is over, the pre-qualified supplier will be advised in writing that their SA will be re-activated.

If a pre-qualified supplier has had their SA suspended 3 times and commits a fourth offense, Canada will terminate the SA with the pre-qualified supplier who now becomes a former pre-qualified supplier. The former pre-qualified supplier must then wait 1 year before they may apply to pre-qualify under the supply arrangement. For the purpose of re-qualification, they are considered to be a ‘new bidder’. As a ‘new bidder’, the former pre-qualified supplier must substantiate that they meet all the mandatory criteria outlined in the request for supply arrangement (RFSA) documentation.

11. Indigenous business certification (if applicable)

11.1 Where an indigenous business certification has been provided, the supplier warrants that its certification of compliance is accurate and complete and in accordance with the "Requirements for the set-aside program for Indigenous business" detailed in Annex 9.4 of the supply manual.

11.2 If such a certification has been provided, the supplier must keep proper records and documentation relating to the accuracy of the certification provided to Canada. The contractor must obtain the written consent of the contracting authority before disposing of any such records or documentation before the expiration of 6 years after final payment under the contract, or until settlement of all outstanding claims and disputes, under the contract, whichever is later. All such records and documentation must at all times during the retention period be open to audit by the representatives of Canada, who may make copies and take extracts. The supplier must provide all reasonably required facilities for any audits.

11.3 Nothing in this clause must be interpreted as limiting the rights and remedies which Canada may otherwise have pursuant to the contract.

12. Comprehensive Land Claims Agreements

The supply arrangement (SA) is for the delivery of the requirement detailed in the SA to the identified users across Canada, excluding locations within Yukon, Northwest Territories, Nunavut, Quebec, and Labrador that are subject to Comprehensive Land Claims Agreements (CLCAs). Any requirement for deliveries to locations within CLCAs areas within Yukon, Northwest Territories, Nunavut, Quebec, or Labrador will have to be treated as a separate procurement, outside of the supply arrangement.

13. Environmental considerations

As part of Canada's policy directing federal departments and agencies to take the necessary steps to acquire products and services that have a lower impact on the environment than those traditionally acquired, suppliers should:

1. Regarding paper consumption:
   • provide and transmit draft reports, final reports, other documents and arrangements in electronic format. Should printed material be required, double sided printing in black and white format is the default unless otherwise specified by the federal department user
   • printed material is requested on minimum recycled content of 30% and/or certified as originating from a sustainably managed forest
   • recycle unneeded printed documents (in accordance with security requirements)
2. Regarding travel requirements:
   • the supplier is encouraged to use video and/or teleconferencing where possible to cut down unnecessary travel
   • use of properties with environmental ratings: contractors to the government of Canada may access the PWGSC Accommodation directory, which includes eco-rated properties. When searching for accommodation, search for properties with environmental ratings, identified by green keys or green leaves that will honour the pricing for contractors
   • use of public/green transit where feasible

14. Insurance requirements

14.1 Insurance requirements under streams 1, 2 and 3: Tier 1

The supplier is responsible for deciding if insurance coverage is necessary to fulfill its obligation under any contract resulting from this SA, and to ensure compliance with any applicable law. Any insurance acquired or maintained by the supplier is at its own expense and for its own benefit and protection. It does not release the supplier from or reduce its liability under the contract.

14.2 Insurance requirement under streams 4 and 5: Tier 1 and under all streams—Tier 2

The supplier must comply with the insurance requirements specified in Annex C. The supplier must maintain the required insurance requirements for the duration of any contract resulting from this SA. Compliance with the insurance requirements does not release the supplier from or reduce its liability under the contract.

The supplier is responsible for deciding if additional insurance is required, such as but not limited to liability and error insurance, to fulfill its obligation under the contract and to comply with applicable laws. Any additional insurance taken out is the responsibility of the supplier as well as for its own benefit and protection.

The supplier must forward to the contracting authority within 10 working days after the date of award of the contract, a certificate of insurance evidencing the insurance coverage and confirming that the insurance policy complying with the requirements is in force. Coverage must be placed with an insurer licensed to carry out business in Canada. The supplier must, if requested by the contracting authority, forward to Canada a certified true copy of all applicable insurance policies.

15. Travel and living

The travel and living expenses are calculated differently between the regions and metropolitan areas and this may affect the total cost of a professional services contract as a result of a bid solicitation under the SA. Accordingly, if any contract resulting from a solicitation under this SA permits payment to a contractor in its basis of payment for travel and living expenses, such expense will only be reimbursed in accordance with the information provided: Supply arrangement travel and living information.

16. Regions and metropolitan areas

Definitions of the remote/virtual access, regions and metropolitan are incorporated by reference into this SA. For the purposes of this SA, the remote/virtual access is to be considered as another region.

The following regions and metropolitan areas may receive professional services under this SA where a supplier is qualified to do so:

Regions: Metropolitan areas

• National Capital: National Capital Region
• Atlantic:
  • Halifax
  • Moncton
• Quebec:
  • Montreal
  • Québec City
• Ontario: Toronto
• Western:
  • Calgary
  • Edmonton
  • Saskatoon
  • Winnipeg
• Pacific:
  • Vancouver
  • Victoria
• Remote/virtual access:
  • this is a separate region and does not include any of the other regions or metropolitan areas
  • it is a region that is used when a client has no preference in terms of where the work is performed

17. Transition to an e-procurement solution

During the period of the supply arrangement, Canada may transition to an e-procurement solution (EPS) for more efficient processing and management of individual contracts for any or all of the SA’s applicable goods and services. Canada reserves the right, at its sole discretion, to make the use of the new e-procurement solution mandatory.

Canada agrees to provide the supplier with at least a 3 month notice to allow for any measures necessary for the integration of the supply arrangement into the EPS. The notice will include a detailed information package indicating the requirements, as well as any applicable guidance and support.

If the supplier chooses not to provide the supply arrangement of their goods or services through the e-procurement solution, the supply arrangement may be set aside by Canada.

18. Proactive disclosure of contracts with former public servants

By providing information on its status, with respect to being a former public servant in receipt of a Public Service Superannuation Act pension, the contractor has agreed that this information will be reported on departmental websites as part of the published proactive disclosure reports, in accordance with the Contracting Policy Notice 2019-01: Changes to Contracting Limits and Approval of Contracts with Former Public Servants, and New Requirements for Accessibility of the Treasury Board Secretariat of Canada.

Date modified:

2022-08-12