Part A: Supply arrangement

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1. Supply arrangement

The task-based professional services supply arrangement (SA) is the mandatory methods of supply for the provision of task-based, non-informatics professional services at or above the Canada-Korea Free Trade Agreement (CKFTA) threshold. It covers 6 core areas of expertise that are commonly and nationally used: human resources services; business consulting/change management; project management; real property project management services; technical engineering and maintenance services (TEMS); and health services. Note that the health services stream is not part of the mandatory services categories, therefore it is not mandatory to use this method of supply to obtain those services.

Tasks are finite work assignments that require 1 or more consultants to complete. A task involves a specific start date, a specific end date and set deliverables. Tasks are usually not large projects, although they may be subsets of a larger project. Tasks may require highly specialized work to be performed requiring a rare or unique skill or knowledge for a short period of time.

The SA encompasses only those services described under the streams and category. Details of the general service definitions for the task and solutions professional services (TSPS) task-based streams and categories are available at the following Public Works and Government Services Canada (PWGSC) website: Annex A: Streams and categories. Those services are further identified in the case of each specific SA holder in Annex C—Qualified categories 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 federal department user (client), incorporate: Task authorizations, various security requirements, options to extend the contract (within the scope of the applicable Tier), and limitations of expenditure and liability.

2. Security requirement

The supplier must, at all times during the performance of the SA hold a valid designated organization screening (DOS), issued by the Canadian Industrial Security Directorate (CISD), PWGSC. The SA authority may verify the supplier's security clearance with CISD of PWGSC at any time during the period of the SA.

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.

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

In the case of joint ventures or amalgamations, the highest level of corporate security attainable through CISD of PWGSC is the lowest level held by any single member of the joint ventures 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 one member holding a valid designated organization screening (DOS). 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 clearance has requested sponsorship via the SA authority and obtained a valid FSC at the secret level issued by CISD.

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 the 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 wishes 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.

The quarterly reporting periods are defined as follows:

Table 1: Table 1: Quarterly reporting periods
Quarter Period covered Due on or before
Q1 April 1 to June 30 July 15
Q2 July 1 to September 30 October 15
Q3 October 1 to December 31 January 15
Q4 January 1 to March 31 April 15

Failure to provide fully completed quarterly reports in accordance with the above instructions may result in the suspension or 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 the Buyandsell.gc.ca website (Tenders) cancel this SA or its categories or stream(s) by giving all SA suppliers at least 30 calendar days’ notice of the cancellation.

4.2 Ongoing opportunity to qualify

Ongoing opportunities enable the supplier to qualify for additional categories to be added to its SA. Participation in the refresh solicitations is entirely optional and not required to maintain any TSPS SA.

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

Table 2: Table 2: Task quarterly refreshes
FY Quarter Opening date
(first business day of the month)		 Closing date
(last business day of the month)		 Estimated award date (subject to change)
Q1 April June End of September
Q2 July September End of December
Q3 October December End of March
Q4 January March End of June

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 are 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 Modernization Directorate

Address:
10 Wellington Street
Les Terrasses de la Chaudière, 5th floor
Gatineau, Quebec  K1A 0S5
Facsimile:
819‑956‑8303
Email address:
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 an arrangement 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 for 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 Centralized Professional Services System (CPSS) by email at tpsgc.sspc-cpss.pwgsc@tpsgc-pwgsc.gc.ca
  2. inform the supply arrangement authority by email at spts-tsps.pwgsc@tpsgc-pwgsc.gc.ca and provide the following information:
    • Name
    • Telephone
    • 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 PWGSC 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 wordings 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. 2020 General conditions – Supply arrangement – Goods or services
  3. Annex C – Qualified categories
  4. Annex A – Streams and categories
  5. Annex B – Task and solutions professional services generic security requirements checklists; and
  6. the bidder’s bid received in response to this 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 resulting contract.

10. Suspension or cancellation of qualification by Canada

In addition to the circumstances identified in General conditions 2020—Supply arrangement—Goods or services, 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.

If an identified user (also known as a client department) notifies the SA 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 default: provide a written warning to the pre-qualified supplier, outlining the repercussions should this happen again
  2. Second default: suspend the SA 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 default: suspend the SA 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 Canada gets notified of a fourth default, 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 SA. 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. Aboriginal business certification (if applicable)

11.1 Where an Aboriginal 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 Aboriginal 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 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 sustainability 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 leafs that will honour the pricing for contractors
    • Use of public/green transit where feasible

14. Insurance requirement

14.1 Insurance requirements for all categories under Stream 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 for all categories under Stream 4, 5 and 6—Tier 1 and all categories under Streams 1 to 6—Tier 2

14.2.1 The supplier must maintain the following 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 obligations 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 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.

14.2.2 The supplier must obtain commercial general liability insurance, and maintain it in force throughout the duration of any contract resulting from the SA, in an amount usual for a contract of this nature, but for not less than $2,000,000 per accident or occurrence and in the annual aggregate.

The commercial general liability policy must include the following:

  1. Additional insured: Canada is added as an additional insured, but only with respect to liability arising out of the supplier's performance of the contract. The interest of Canada should read as follows: Canada, as represented by PWGSC
  2. Bodily injury and property damage to third parties arising out of the operations of the supplier
  3. Products and completed operations: Coverage for bodily injury or property damage arising out of goods or products manufactured, sold, handled, or distributed by the supplier and/or arising out of operations that have been completed by the supplier
  4. Personal injury: While not limited to, the coverage must include violation of privacy, libel and slander, false arrest, detention or Imprisonment and defamation of character
  5. Cross liability/separation of insured: Without increasing the limit of liability, the policy must protect all insured parties to the full extent of coverage provided. Further, the policy must apply to each insured in the same manner and to the same extent as if a separate policy had been issued to each
  6. Blanket contractual liability: The policy must, on a blanket basis or by specific reference to the contract, extend to assumed liabilities with respect to contractual provisions
  7. Employees and, if applicable, volunteers must be included as additional insured
  8. Employers' liability (or confirmation that all employees are covered by worker's compensation (WSIB) or similar program)
  9. Broad form property damage including completed operations: Expands the property damage coverage to include certain losses that would otherwise be excluded by the standard care, custody or control exclusion found in a standard policy
  10. Notice of cancellation: The insurer will endeavour to provide the contracting authority 30 calendar days written notice of policy cancellation
  11. If the policy is written on a claims-made basis, coverage must be in place for a period of at least 12 months after the completion or termination of the contract
  12. Litigation rights: Pursuant to subsection 5(d) of the Department of Justice Act, S.C. 1993, c. J-2, s.1, if a suit is instituted for or against Canada which the Insurer would, but for this clause, have the right to pursue or defend on behalf of Canada as an additional named Insured under the insurance policy, the Insurer must promptly contact the Attorney General of Canada to agree on the legal strategies by sending a letter, by registered mail or by courier, with an acknowledgement of receipt

For the province of Quebec, send to:

Director Business Law Directorate
Quebec Regional Office (Ottawa)
Department of Justice
284 Wellington Street, Room SAT-6042
Ottawa, Ontario K1A 0H8

For other provinces and territories, send to:

Senior General Counsel
Civil Litigation Section
Department of Justice
234 Wellington Street, East Tower
Ottawa, Ontario  K1A 0H8

A copy of the letter must be sent to the contracting authority. Canada reserves the right to co-defend any action brought against Canada. All expenses incurred by Canada to co-defend such actions will be at Canada's expense. If Canada decides to co-defend any action brought against it, and Canada does not agree to a proposed settlement agreed to by the supplier's insurer and the plaintiff(s) that would result in the settlement or dismissal of the action against Canada, then Canada will be responsible to the supplier's insurer for any difference between the proposed settlement amount and the amount finally awarded or paid to the plaintiffs (inclusive of costs and interest) on behalf of Canada.

14.2.3 Errors and omissions liability insurance for all categories under stream 4 and 5 tier 1 and for all categories under streams 1 to 5 tier 2

In addition to the insurance requirements detailed in 14.2.2 above:

  1. The supplier must obtain errors and omissions Liability (a.k.a. professional liability) insurance, and maintain it in force throughout the duration of any contract resulting from this SA, in an amount usual for a contract of this nature but for not less than $1,000,000 per loss and in the annual aggregate, inclusive of defence costs
  2. If the policy is written on a claims-made basis, coverage must be in place for a period of at least 12 months after the completion or termination of the contract
  3. The following endorsement must be included:

    Notice of cancellation
    The insurer will endeavour to provide the contracting authority 30 calendar days written notice of cancellation.

14.2.4 Medical malpractice liability insurance for all categories under stream 6—Tier 1 and 2

In addition to the insurance requirements detailed in 14.2.2 above:

  1. The contractor must obtain medical malpractice liability insurance, and maintain it in force throughout the duration of the contract, in an amount usual for a contract of this nature, but for not less than $1,000,000 per loss and in the annual aggregate, inclusive of the defence costs
  2. Coverage is for what is standard in a medical malpractice policy and must be for claims arising out of the rendering or failure to render medical services resulting in injury, mental injury, illness, disease or death of any person caused by any negligent act, error or omission committed by the contractor in or about the conduct of the contractor's professional occupation or business of good samaritan acts
  3. If the policy is written on a claims-made basis, coverage must be in place for a period of at least 12 months after the completion or termination of the contract
  4. Notice of cancellation: The contractor will provide the contracting authority 30 days prior written notice of policy cancellation or any changes to the insurance policy

14.2.5 Nursing malpractice liability insurance for categories 6.1, 6.2, 6.3 and 6.4 under Stream 6—Tier 1 and 2

In addition to the insurance requirements detailed in 14.2.2 and 14.2.4 above:

Throughout the duration of the contract, the contractor must maintain in full force and effect a policy of comprehensive general liability insurance to include coverage for any negligence, malpractice and medical professional liability by its resources, officers, servants, agents’ representatives that could arise in the performance or non-performance of this contract.

The contractor must provide a duplicate of notices of any nature or kind relating to the policy, including but not limited to notices of:

  1. legal proceeding resulting from actions against the insured under the insurance coverage
  2. cancellation
  3. changes of material risk; or
  4. breached of statutory conditions

And be sent by registered mail by the contractor or the insurer to Canada.

The contractor must ensure that the contract nurses delivering the services to be performed under this contract maintain malpractice and liability insurance.

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 an arrangement 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 at Supply arrangement travel and living information.

16. Regions and metropolitan areas

Definitions of the remote/virtual access, regions and metropolitan areas 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: Montréal, 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 electronic procurement solution

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

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