INSURANCE CONSULTING SERVICES REQUEST FOR PROPOSALS #

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1 INSURANCE CONSULTING SERVICES REQUEST FOR PROPOSALS # Request for Proposals Issued On: March 12, 2015 Proponent s Information Session: 3:00pm on March 16, 2015 Proponent s Deadline for Questions: 5:00pm on March 20, 2015 Proponent s Deadline for Questions Pertaining to Issued Documents Only: 5:00pm on March 26, 2015 Proponent s Proposal Submission Deadline: 2:00:00pm on April 14, 2015 Local Time in Toronto, Ontario, Canada Please refer to Section for the complete RFP timetable. RFP Coordinator Patti Greer ( address is patti.greer@oecm.ca) PROPOSAL SUBMISSION ADDRESS: 2 Lansing Square, Suite 200, Toronto, Ontario, Canada, M2J 4P8 OECM shall not be obligated in any manner to any proponent whatsoever until a written agreement has been duly executed with a supplier. OECM Insurance Consulting Services RFP # Page 1

2 TABLE OF CONTENTS PART 1 INTRODUCTION Invitation to Proponents Overview of OECM Ontario Broader Public Sector Procurement Directive Client Participation in OECM Agreements Objective of this RFP Type of Agreement Client s Use of Agreements Client-Supplier Agreements Proponent Consortium Information No Guarantee of Volume of Work or Exclusivity of Agreement Rules of Interpretation Definitions... 7 PART 2 - THE DELIVERABLES Description of Deliverables Types of Services Other Service Requirements Personnel Invoicing Payment Terms Contract Management Services Licenses, Right to Use and Approvals Accessibility for Ontarians with Disabilities Act Pricing Methodology Savings Calculation OECM Cost Recovery Fee ( CRF ) PART 3 - EVALUATION OF PROPOSALS Stages of Proposal Evaluation Stage I Review of Mandatory Requirements (Pass/Fail) Form of Offer - Appendix B (Mandatory Form) Rate Bid Form Appendix C (Mandatory Form) Consortium Information Appendix F (Mandatory Form) Stage II Rated Requirements (100 Points) Stage III Optional Presentation (Not evaluated or scored) Stage IV Pricing (100 Points) Pricing Evaluation Stage V Cumulative Score Stage VI - Tie Break Process Execution of Agreement with Preferred Proponent Agreement Launch and Marketing PART 4 - TERMS AND CONDITIONS OF THE RFP PROCESS General Information and Instructions RFP Timetable Proponent Information Session Proponents to Follow Instructions Proposals in English OECM s Information in RFP Only an Estimate Proponent s Costs Communication after RFP Issuance RFP Coordinator Contact Information Proponents to Review RFP Proponent to Notify All New Information to Proponents by way of Addenda Proposal Submission Requirements General OECM Insurance Consulting Services RFP # Page 2

3 4.3.2 Proposal Submission Requirements Other Proposal Considerations Proposal Receipt by OECM Withdrawal of Proposal Amendment of Proposal Completeness of Proposal Proposals Retained by OECM Proposal Irrevocability Acceptance of RFP Amendments to RFP Proposals will not be Opened Publicly Clarification of Proposals Verification of Information Proposal Acceptance RFP Incorporated into Proposal Exclusivity of Contract Substantial Compliance No Publicity or Promotion Execution of Agreement, Notification and Debriefing Selection of Proponent Failure to Enter Into Agreement Notification to Other Proponents of Outcome of RFP Process Debriefing Bid Dispute Resolution Prohibited Communications, Confidential Information and FIPPA Confidential Information of OECM Confidential Information of the Proponent Proponent s Submission Personal Information Non-Disclosure Agreement Freedom of Information and Protection of Privacy Act Competition Act Trade Agreements Intellectual Property Reserved Rights and Governing Law of OECM General Rights of OECM Preferred Proponent No Liability Assignment Entire RFP Priority of Documents Governing Law APPENDIX A FORM OF AGREEMENT APPENDIX B FORM OF OFFER APPENDIX C RATE BID FORM APPENDIX D REFERENCE FORM APPENDIX E RATED REQUIREMENTS APPENDIX F CONSORTIUM INFORMATION OECM Insurance Consulting Services RFP # Page 3

4 PART 1 INTRODUCTION 1.1 Invitation to Proponents This Request for Proposals ( RFP ) is an invitation to prospective Proponents to submit Proposals for the provision of Insurance Consulting Services ( Services ) to support OECM and their Clients. The requirements are described in Part 2 - The Deliverables (the Deliverables"). This RFP is issued by OECM. 1.2 Overview of OECM OECM is a non-for-profit Ontario Broader Public Sector ( BPS ) Group Procurement Organization ( GPO ) whose core business is collaborative sourcing and supplier partnership management. OECM s goal is to generate savings and process efficiencies to public sector and not-for-profit organizations by offering collaboratively sourced and competitively priced products and services through the OECM marketplace supplier partners. For more information about OECM, please visit Ontario Broader Public Sector Procurement Directive OECM is obligated to adhere to the Ontario Broader Public Sector ( BPS ) Procurement Directive effective April 1, 2011 issued by the Ontario Management Board of Cabinet. The purpose of the directive is: To ensure that publicly funded goods and services, including construction, consulting services, and information technology are acquired by BPS organizations through a process that is open, fair, and transparent; To outline responsibilities of BPS organizations throughout each stage of the procurement process; To ensure that procurement processes are managed consistently throughout the BPS. The goal of the BPS supply chain code of ethics is to ensure an ethical, professional and accountable BPS supply chain in Ontario through: i. Personal Integrity and Professionalism. ii. Accountability and Transparency. iii. Compliance and Continuous Improvement. Visit the following website for the complete BPS Procurement Directive document Client Participation in OECM Agreements As of December 2014 three-hundred and five (305) Clients were using one (1) or more OECM agreements: One-hundred and fourteen (114) School Boards, Colleges and Universities; Twenty-five (25) Developmental Service organizations; and, One-hundred and sixty-six (166) other public organizations. Participation in OECM agreements has been steadily growing, as set out below, clearly demonstrating that the Ontario education sector and other public organizations are achieving value through the OECM agreements. OECM Insurance Consulting Services RFP # Page 4

5 Year over Year Client Spend Growth 2011 over 2010 > 158% 2012 over 2011 > 60% 2013 over 2012 > 50% 2014 over 2013 > 40% 1.5 Objective of this RFP OECM is issuing this RFP to invite qualified Proponents to submit Proposals for the provision of qualified and experience insurance consulting Services to meet the vast needs of the Clients in the public sector. 1.6 Type of Agreement It is OECM s intention to enter into Master Agreements ( Agreement ) for the provision of the Deliverables to OECM and their Clients who execute a Client Supplier Agreement ( CSA ) with up to three (3) Preferred Proponents based on the terms and conditions set out in Appendix A of this RFP. The Term of the Agreement will be for a period of five (5) years with an option in favour of OECM to extend the Agreement on the same terms and conditions for up to two (2) additional terms of up to one (1) year. Clients, participating in the Agreement will execute CSAs with one (1) or more Suppliers as attached in Appendix A. The Supplier and Client, when executing a CSA, may mutually agree to additional terms and conditions (e.g. meeting schedules, payment terms) ensuring the additional terms and conditions are not, in any way, inconsistent with the Form of Agreement agreed to by OECM and the Supplier. The Supplier and any of its subcontractors may and most reasonably will attain an understanding of the project scope which could be to their advantage over other potential suppliers in any potential or subsequent procurement opportunities. Therefore the Supplier, and or any members of its consortium and or subcontractors, is not eligible to submit a Proposal for work that may be a direct result of the Services performed by the Supplier from resulting Agreement from this RFP process. It is anticipated that the Agreement will be executed on or around April The Agreement must be signed before the provision of any Deliverables commences. Other Services, as mutually agreed between OECM and the Supplier may be added during the Term of the Agreement. By submitting a Proposal, a Proponent is agreeing to all of the requirements of this RFP. 1.7 Client s Use of Agreements The establishment and use of the Agreement consists of a two (2) part process. Part One, which is managed by OECM, is the creation of the Agreement through the issuance of this RFP and the evaluation of Proposals submitted in response to it. Part Two (or the selection process) is managed by the Client or by OECM on the Client s behalf and is focused on the Client s specific needs. Depending on the Client s internal policies, and potential dollar value of the Service, a Client may select a Supplier, or issue a quick quote to one (1) or more Suppliers for the specific Service requirement. If selected by the Client, the Supplier shall provide the Services in accordance with the specifications stated in the Agreement and stated Client requirements. When a quick quote is issued, it will identify the required Services or it may request the Supplier to propose an appropriate Service to fulfill the Client s requirement and any other applicable information. The Supplier shall respond, setting out the following at a minimum: Services specifications; Expected timelines; OECM Insurance Consulting Services RFP # Page 5

6 Additional information; and, Final, net price. Clients are not obligated to sign a CSA to obtain specific Service pricing. However, a CSA must be signed before the provision of any Services commences. 1.8 Client-Supplier Agreements OECM and the Supplier will work together to engage the use of the Agreement resulting from this RFP. The Supplier will actively promote the Agreement to Clients by: Conducting sales and marketing activities to onboard Clients directly; Executing CSAs with interested Clients; Providing excellent customer and technical service; Gathering and maintaining its own Client and market intelligence, including contact information; Providing a well-defined implementation plan with applicable Client involvement; and, Identifying improvement opportunities. OECM will promote the use of the Agreement with Clients by: Attending, where appropriate, Client events; Continuously marketing improvement opportunities; Facilitating CSA execution; Facilitating issue resolution; Holding information sessions and/or webinars, if requested; Providing effective business relationship management; Supporting relationships through effective contract management; and, Using online communication tools to inform and educate. 1.9 Proponent Consortium Information Where a consortium is responding to this RFP, the following shall apply: One (1) of the members of the consortium shall identify itself as the Proponent and shall complete, sign, and submit with its Proposal the Form of Offer (Appendix B) on behalf of the consortium. The Proponent must also complete, sign and submit the Consortium Information (Appendix F) listing all other consortium members and what each will supply. The Proponent shall assume full responsibility and liability for the work and actions of all consortium members with respect to the obligations to be assumed pursuant to this RFP No Guarantee of Volume of Work or Exclusivity of Agreement The information contained in the RFP constitutes an estimate and is supplied solely as a guideline to Proponents. Such information is not guaranteed, represented, or warranted to be accurate, nor is it necessarily comprehensive or exhaustive. Nothing in this RFP is intended to relieve the Proponents from forming their own opinions and conclusions with respect to the matters addressed in this RFP. Transaction activity described is an estimate only and may not be relied on by the Proponents. Estimates are intended to be used by OECM for the purpose of evaluating the Proposals. The Agreement executed with the Supplier will not be an exclusive Agreement for the provision of the Deliverables. Clients may contract with others for the same or similar Deliverables to those described in this RFP. OECM Insurance Consulting Services RFP # Page 6

7 1.11 Rules of Interpretation This RFP shall be interpreted according to the following provisions, unless the context requires a different meaning: Unless the context otherwise requires, wherever used herein the plural includes the singular, the singular includes the plural, and each of the masculine and feminine includes the other gender. Words in the RFP shall bear their natural meaning. References containing terms such as includes and including, whether or not used with the words without limitation or but not limited to, shall not be deemed limited by the specific enumeration of items but shall, in all cases, be deemed to be without limitation and construed and interpreted to mean includes without limitation and including without limitation. In construing the RFP, general words introduced or followed by the word other or including or in particular shall not be given a restrictive meaning because they are followed or preceded (as the case may be) by particular examples intended to fall within the meaning of the general words. Unless otherwise indicated, time periods will be strictly applied. The following terminology applies in the RFP: o o o Whenever the terms must or shall are used in relation to OECM or the Proponents, such terms shall be construed and interpreted as synonymous and shall be construed to read OECM shall or the Proponent shall, as the case may be. The term should relates to a requirement that OECM would like the Proponent to address in its Proposal. The term will describes a procedure that is intended to be followed Definitions Unless otherwise specified in this RFP, capitalized words and phrases have the meaning set out in the Form of Agreement attached as Appendix A to this RFP. The following definitions apply: Agreement and Master Agreement means the agreement to be made between the Supplier and OECM based on the template attached as Appendix A, together with all schedules and appendices attached thereto and all other documents incorporated by reference therein, as amended from time to time by agreement between OECM and the Supplier; Applicable Law means any common law requirement and all applicable and enforceable statutes, regulations, directives, policies, administrative interpretations, orders, by-laws, rules, guidelines, approvals and other legal requirements of any government and/or regulatory authority in effect from time to time; Business Day means Monday to Friday between the hours of 9:00 a.m. to 5:00 p.m., except when such a day is a public holiday, as defined in the Employment Standards Act (Ontario), or as otherwise agreed to by the parties in writing; Broader Public Sector or BPS means all Municipalities, Academic Institutions, School Boards, Health Care Providers and Major Transfer Payment Recipients in the Province. Please see for more details of these organizations; Client means public organizations that may purchase the Deliverables under the resulting Agreement; Client Supply Agreement or CSA means the agreement in the form of Schedule 2 to be entered into between the Supplier and a Client setting out specific Deliverables required by the Client, along with any additional terms and conditions contained therein (e.g. Client s business hours, payment terms, reporting, and security clearance checks); OECM Insurance Consulting Services RFP # Page 7

8 Confidential Information means confidential information of OECM and or any Client (other than confidential information which is disclosed to the Preferred Proponent in the normal course of the RFP) where the confidential information is relevant to the Deliverables required by this RFP, its pricing or the evaluation process; Conflict of Interest means any situation or circumstance where, in relation to the performance of its obligations under the Agreement, the Proponent s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair, or be incompatible with the effective performance of its obligations under the Agreement; Cost Recovery Fee or CRF means a fee, which contributes to the recovery of OECM s operating costs as a not-for-profit corporation, which shall be based on the total Rates paid to the Supplier by OECM Clients using the Agreement. The Supplier remits this fee to OECM on a quarterly basis; Day means calendar day; Deadline for Issuing Final Addenda means the date and time set out in Section of this RFP as may be amended from time to time in accordance with the terms of this RFP; Deliverables means a service or item to be delivered as specified in this RFP; Eligible Proposal means a Proposal that meets or exceeds a prescribed requirement, allowing it to proceed to the next stage of evaluation; FIPPA means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, and all regulations adopted thereunder, in each case, as amended or replaced from time to time; OECM means the Ontario Education Collaborative Marketplace; Personal Information has the meaning set out in the Agreement; Preferred Proponent means the Proponent that OECM has identified as the highest scoring Proponent in accordance with the evaluation process set out in this RFP; Proponent means an entity that submits a Proposal in response to this RFP and, as the context may suggest refers to a potential Proponent; Proposal means all of the documentation and information submitted by a Proponent in response to the RFP; Proponent s Proposal Submission Deadline means the Proposal submission date and time as set out in Section and may be amended from time to time in accordance with the terms of this RFP; Rates means the per diem Rates as set out in the Proponent s submitted Appendix C; Rate Bid Form means the form contained in Appendix C of this RFP; Request for Proposals or RFP means this Request for Proposals number # issued by OECM for the provision of Insurance Consulting Services, including all amendments or addenda thereto; RFP Coordinator means the individual identified on the front page and in Section of this RFP; Subcontractor includes the Supplier s subcontractors or third party service providers or their respective directors, officers, agents, employees or independent contractors, who shall fall within the meaning of Supplier for the purposes of the Agreement; Supplier means a Preferred Proponent who has assumed full liability and responsibility for the provision of Deliverables pursuant to the Agreement either as a single Supplier or a lead Supplier engaging other suppliers or Subcontractors; Term has the meaning set out in Section 1.6; and, OECM Insurance Consulting Services RFP # Page 8

9 Unfair Advantage means any conduct, direct or indirect, by a Proponent that may result in gaining an unfair advantage over other Proponents, including but not limited to (i) possessing, or having access to, information in the preparation of its Proposal that is confidential to OECM and which is not available to other Proponents, (ii) communicating with any person with a view to influencing, or being conferred preferred treatment in, the RFP process, or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the RFP process and result in any unfairness. [End of Part 1] OECM Insurance Consulting Services RFP # Page 9

10 PART 2 - THE DELIVERABLES 2.1 Description of Deliverables The Services, at a high level, may include an analysis of Clients insurance coverage, options, risk assessment, planning, support for future insurance procurement activities, and recommendations and or approaches to support a variety of Client insurance needs set out in this RFP for the Term of the Agreement. The Supplier must: Have a minimum of five (5) years experience in the Canadian insurance industry and or consulting for the insurance industry; Possess expert knowledge, experience and understanding of the insurance industry, and especially the Canadian insurance industry; Possess extensive knowledge and expertise working with public sector entities in Canada; Not be currently marketing (i.e. selling) insurance products directly or indirectly; and, Have adequate resources and support services. 2.2 Types of Services The types of Services Clients may require include, but are not be limited to: Assessing alternative risk financing models; Long term insurance planning; Employee group benefit programs and insurance carriers; Risk assessment and mitigation; Analyze existing insurance plans/programs and or polices and recommend approaches, practices, deductibles, and changes to bring value to the Client s organization; Provide options and make recommendations for plan/program design; Compile and report on Client s baseline current state; Conduct environmental scan of current and future insurance trends; Support actuarial activities; Support implementation of insurance practices, as required; Support the creation of a self-insurance program for Clients; Report and present findings, as required; Recommend appropriate records management and retention practices; Provide training recommendations and or opportunities; Support the development of required procurement documents for insurance-related Services (e.g. control adjuster services, student insurance requirements, employee group benefits, and others); Provide technical expertise and advice during an insurance-related procurement process (e.g. scope of work, performance matrixes, reporting requirements, during question and answer periods, supporting evaluation processes) ensuring proprietary and confidential information is not inappropriately disclosed; OECM Insurance Consulting Services RFP # Page 10

11 Facilitate annual planning and plan/program renewals; Provide carrier management advice, and potential carrier oversight; and, Close out project Services and transfer knowledge where applicable. Other Services, to meet Client s growing needs, can be added during the Term of the Agreement if mutually agreed upon between the Supplier and OECM. 2.3 Other Service Requirements The Supplier shall provide project management services for the Term of the Agreement, which may include but not be limited to: Assign a designated project manager to be the main contact person to work with the Client; Define the detailed project requirements - including scope, quality, budget, milestones and schedule of work; Issue a code of conduct for all communications for project work; Prepare and distribute information, reports and Service updates to the Client; Become familiar with OECM Clients and their insurance requirements; Seek approval from the Client for Service activities, where applicable; Easy access to Supplier (i.e. by toll free telephone number, , voic , and fax); and, Attending meetings with Clients and issue minutes, as required. 2.4 Personnel The Proponent should submit information related to the qualifications and experience of its personnel who will be assigned to provide the Services, which may include resumes, documentation of certification, and or letters of reference. See Section before submitting any such personal information. 2.5 Invoicing Flexibility in invoicing and payment processes is required. The Supplier shall submit an invoice to each Client, in either paper or electronic format as Services are provided. 2.6 Payment Terms The Client s standard payment terms are net thirty (30) days. Different payment terms may be agreed upon when executing a CSA. 2.7 Contract Management Services OECM will oversee the Agreement, and the Supplier shall provide appropriate contract management support including, but not limited to: Working and acting in an ethical manner demonstrating integrity, professionalism, accountability, transparency and continuous improvement; Attending meetings with OECM, as required; Monitoring and managing Service quality (including customer support); Key performance indicators as mutually agreed upon with OECM; Providing applicable reporting; OECM Insurance Consulting Services RFP # Page 11

12 Submitting CRF to OECM; and, Managing issue resolution (with escalation processes to resolve outstanding issues). 2.8 Licenses, Right to Use and Approvals Proponents shall obtain all permits, licences, and approvals required in connection with the supply of the Services. The costs of obtaining such permits, licences, and approvals shall be the responsibility of, and shall be paid for by, the Supplier. Where a Supplier is required by Applicable Laws to hold or obtain any such permit, licence, and approval to carry on an activity contemplated in its Proposal or in the Agreement, neither acceptance of the Proposal nor execution of the Agreement by OECM shall be considered an approval by OECM for the Supplier to carry on such activity without the requisite permit, licence, or approval. 2.9 Accessibility for Ontarians with Disabilities Act OECM is committed to the highest possible standards for accessibility. The Supplier must be capable to recommend and deliver, as appropriate for the Deliverables, accessible and inclusive Services consistent with the Ontario Human Rights Code (OHRC), the Ontarians with Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its regulations in order to achieve accessibility for Ontarians with disabilities. Suppliers are required to comply with the Client s accessibility standards, policies, practices, and procedures, which may be in effect during the Term of the Agreement and which apply to the Deliverables to be provided by the Supplier. The AODA may be found at: Pricing Methodology The proposed Rates shall be maximum per diem Rates for the Term of the Agreement. The Supplier may, however, lower its Rates for specific Client Services without affecting the Rates in the Agreement. The Supplier shall pro-rate its days worked (i.e. working days longer/shorter than the 7.25 hours per day will be billed to the Client according to the actual time worked (e.g. 5 days/7.25hours, 1 day/10 hours and 1 day/4.5 hours = 7.0 days in total). Overtime will not be paid. At any time during the Term of the Agreement, the Supplier may choose to lower any maximum per diem Rate listed in the Agreement by way of an amendment document. OECM or the Supplier may request a pricing review at the extension period, if exercised, by providing a written notice ninety (90) days prior to the anniversary date of the Agreement. Any such request from a Supplier for a pricing review must be accompanied by appropriate documentation. As part of any review OECM will consider pricing adjustments that reflect changes in operational adjustments due to new or changed municipal, provincial, or federal regulations, by-laws, or ordinances. OECM will not consider any fixed costs or overhead adjustments in its review. Performance received under the Agreement will be considered when contemplating a pricing refresh. Agreements will be amended accordingly, if necessary. If a price review is not requested, the Rates will remain the same for the extension period of the Agreement, if exercised. OECM Insurance Consulting Services RFP # Page 12

13 2.11 Savings Calculation OECM tracks, validates, and reports savings on all of its agreements. Once OECM receives the Client s approval, the Supplier will provide OECM with Client s base line information if applicable (e.g. historical spend) OECM Cost Recovery Fee ( CRF ) As a not-for-profit corporation, OECM recovers its operating costs from its agreements through a CRF. As such, CRFs from the resulting Agreement from this RFP and other OECM agreements are structured to support OECM s financial model, while providing savings to Clients. The Supplier shall pay to OECM a CRF of three percent (3%), based on before tax amount invoiced by the Supplier to the Clients for Deliverables acquired through the Term of the Agreement. The CRF shall include all invoiced Services and will be paid to OECM by the Supplier on a quarterly basis, based on the calendar year. Harmonized sales tax ( HST ) is applicable to the CRF payments made to OECM. The first CRF shall be paid to OECM by July 7, 2015, and shall include any Client purchases made between the Agreement execution date and June 30, 2015; and, The CRF shall be paid quarterly thereafter for the Term of the Agreement. Detailed reporting requirements are set out in Appendix A Form of Agreement. [End of Part 2] OECM Insurance Consulting Services RFP # Page 13

14 PART 3 - EVALUATION OF PROPOSALS 3.1 Stages of Proposal Evaluation OECM will conduct the evaluation of Proposals in the following six (6) stages: Stages Evaluation Scoring Methodology Maximum Points (If applicable) Minimum Threshold Requirement Stage I Mandatory Requirements Pass/Fail Pass Stage II Rated Requirements 100 Refer to Appendix E Stage III Optional Presentations Not Scored Not Applicable Stage IV Pricing 100 Not Applicable Stage V Cumulative Score 200 Not Applicable Stage VI Tie Break No Point Allocation No Point Allocation 3.2 Stage I Review of Mandatory Requirements (Pass/Fail) Stage I will consist of a review to determine which Proposals comply with all of the mandatory requirements. During Stage I of the evaluation, Proposals will be examined to ensure that they meet the mandatory requirements. The Proponent must ensure that all mandatory requirements have been addressed satisfactorily in its Proposal, in order for the Proposal to proceed to Stage II of the evaluation process. Any Proposal that is not considered by OECM, to meet all mandatory requirements, subject to the express and implied rights of OECM, will be disqualified and not evaluated further. A Proposal must include the following three (3) mandatory forms: Appendix Appendix B Appendix C Appendix F Title of Appendix Form of Offer Rate Bid Form Consortium Information, if applicable Other than inserting the information requested on the mandatory submission forms set out above, a Proponent may not make any changes to any of the forms. Any Proposal containing any such changes, whether on the face of the form or elsewhere in its Proposal, may be disqualified. Proponents submitting Proposals that do not meet the mandatory requirements will be provided an opportunity to rectify any deficiency within a period of two (2) Business Days from notification thereof. Proposals satisfying the mandatory requirements within such period will proceed to Stage II of the evaluation. Proposals, however, failing to satisfy the mandatory requirements within such period will be disqualified and not evaluated further Form of Offer - Appendix B (Mandatory Form) Each Proposal must include a Form of Offer (Appendix B) completed and signed by the Proponent. (a) Conflict of Interest OECM Insurance Consulting Services RFP # Page 14

15 In addition to the other information and representations made by each Proponent in the Form of Offer, each Proponent must declare whether it has an actual or potential Conflict of Interest. If, at the sole and absolute discretion of OECM, the Proponent is found to be in a Conflict of Interest, OECM may, in addition to any other remedies available at law or in equity, disqualify the Proposal submitted by the Proponent. The Proponent, by submitting the Proposal, warrants that to its best knowledge and belief no actual or potential Conflict of Interest exists with respect to the submission of the Proposal or performance of the contemplated Agreement other than those disclosed in the Form of Offer. Where OECM discovers a Proponent s failure to disclose all actual or potential Conflicts of Interest, OECM may disqualify the Proponent or terminate any Agreement awarded to that Proponent pursuant to this RFP process. (b) General OECM, in addition to any other remedies it may have in law or in equity, shall have the right to rescind any Agreement awarded to a Proponent in the event that OECM determines that the Proponent made a misrepresentation or submitted any inaccurate or incomplete information in the Form of Offer. Other than inserting the information requested and signing the Form of Offer, a Proponent may not make any changes to or qualify the Form of Offer in its Proposal. A Proposal that includes conditions, options, variations or contingent statements that are contrary to or inconsistent with the terms set out in the RFP may be disqualified. If a Proposal is not disqualified despite such changes or Proposals, the provisions of the Form of Offer as set out in this RFP will prevail over any such changes or Proposals in or to the Form of Offer provided in the Proposal. (c) Insurance By signing the Form of Offer, the Proponent agrees, if selected, to carry insurance as outlined in Appendix A Form of Agreement. The Preferred Proponent must provide proof of such insurance coverage in the form of a valid certificate of insurance prior to the execution of the Agreement by OECM Rate Bid Form Appendix C (Mandatory Form) The Rate Bid Form must be completed and submitted by the Proponent in accordance with the instructions contained below and in Appendix C, provided that the following shall apply: All Rates shall be provided in Canadian funds and shall include all applicable customs duties, tariffs, overhead, materials, fuel, office support, profit, permits, licences, labour, carriage, insurance, Workplace Safety Insurance Board costs, travel, and warranties, and further shall not be subject to adjustment for fluctuation in foreign exchange rates; All Rates shall be quoted exclusive of the HST, or other similar taxes, each of which, if applicable, should be stated separately; Travel and accommodation expenses shall not be included in the Rates quoted; The Client shall not be responsible for any meal, hospitality, or incidental expenses incurred by the Supplier, whether incurred while travelling or otherwise; Proponents proposing a variety of personnel must set out the applicable Rate for each; All Rates quoted, unless otherwise instructed in this RFP, shall remain firm for the Term of the Agreement; In the event of any discrepancy in the Rates within a Proposal, the lowest unit Rate submitted shall prevail; and, The Proponent is deemed to confirm that it has prepared its Proposal with reference to all of the provisions of the RFP, that it has factored all of the provisions of the Agreement into its pricing assumptions, calculations and into its proposed Rates. A Proposal that includes conditional, optional, contingent or variable rates that are not expressly requested in the Rate Bid Form may be disqualified. OECM Insurance Consulting Services RFP # Page 15

16 3.2.3 Consortium Information Appendix F (Mandatory Form) Each Proposal must include a completed and signed Consortium Information (Appendix F) if applicable to the Proponent. 3.3 Stage II Rated Requirements (100 Points) Stage II will consist of an evaluation and scoring of each Eligible Proposal on the basis of responses to the rated requirements set out in Appendix E of this RFP, including sub-point allocations. Minimum thresholds, as set out in Appendix E, are required in order for the Proposal to receive a pass in this stage and proceed to Stage III of the evaluation process. Any Proposal that does not meet the required minimum threshold for rated requirements will receive a fail and not proceed to Stage III of the evaluation process. It is important that Proposals clearly provide all the necessary information so that a thorough assessment of the Proponent s experience, qualifications, and capabilities can be made. Responses and substantiating documentation should be direct and grouped together, in Appendix E, to ensure the evaluation team is able to locate particular information. The response to each rated requirement in Appendix E should: Be complete (bullet point format is acceptable); Concise and factual; and, Exhibit the Proponent s competencies of by providing answers demonstrating its capabilities. In the case that contradictory information or information that contains conditional or qualifying statements is provided with respect to a requirement, OECM will, in its sole and absolute discretion, determine whether the response complies with the requirements, and may seek clarification from the Proponent. The contradictory or qualifying information may result in the Proposal receiving a low score for that particular rated requirement. Proposals that do not respond to a particular rated requirement will receive a score of zero (0) for that requirement. Where the evaluation team cannot reasonably find responses to a rated requirement, a score of zero (0) will be assessed for that rated requirement. The following is an overview of the point allocation, for the rated requirements: Rated Requirement Components Available Points Minimum Threshold Required (If applicable) Qualifications, and Experience 25 50% Expertise in the Insurance Industry 25 50% Quality Management Approach 20 50% Customer Support 30 50% TOTAL AVAILABLE POINTS FOR RATED REQUIREMENTS: 100 Points N/A The Proponent should submit one (1) completed Appendix E - Rated Requirement. At the end of Stage II, up to three (3) of the highest scoring Proponents may be invited to participate in the next evaluation stage. 3.4 Stage III Optional Presentation (Not evaluated or scored) Up to three (3) of the highest scoring Proponents may be invited to a presentation session if deemed necessary. For example, if only two (2) Proponents are invited, the Proponent whose Proposal has the OECM Insurance Consulting Services RFP # Page 16

17 highest score will be invited as will the Proponent whose Proposal had the second highest score. An invited Proponent must attend the presentation to be considered for the remainder of the evaluation process. It is anticipated that the presentation sessions will occur in late April 2015 in Toronto. Proponents should ensure their proposed key resources are available to attend the session. OECM will send notices to the Proponents being asked to present their Proposal up to five (5) Business Days in advance of the proposed date and time for the presentation. If a Proponent is unable to conduct the presentation at the proposed date and time, OECM will use reasonable efforts to: (i) find a mutually agreeable time on the date proposed by OECM; and, (ii) if OECM and Proponent are unable to do so, find a mutually agreeable time on a day prior to the date originally proposed by OECM. Proponents will be required to answer questions from the evaluation team during this session. There may be a time restriction to the question/answer period. OECM reserves the right to revisit the Proponent s scores in the rated requirements based on information learned during the Proponent s presentation should it reveal that there is inconsistency between the Proponent s answers to the rated requirements and the results of the presentation session Content The presentation session is not an occasion for the Proponent to amend its Proposal. Proponents may be asked to: Exhibit an understanding of the Service requirements; Demonstrate the relevance of its experience and qualifications; and, Describe its ability to maintain integrity, performance and availability for potentially a growing base of Clients Attendance Up to three (3) Proponent participants may attend the presentation session, ensuring the account manager responsible for the day-to-day management of the Services attends. 3.5 Stage IV Pricing (100 Points) Only at the completion of all rated requirements, will the package containing Appendix C Rate Bid Form be opened for all Eligible Proposals. The total available points for pricing are set out below: Pricing Components Available Points Senior Roles 60 Supporting Roles 40 TOTAL AVAILABLE POINTS FOR PRICING: 100 Points Points will be calculated - using a relative formula (i.e. by dividing that Proponent s average Rate into the lowest bid average Rate) for proposed pricing on the Rate Bid Form pricing components. The Proponent must submit one (1) completed Appendix C - Rate Bid Form. OECM Insurance Consulting Services RFP # Page 17

18 3.5.1 Pricing Evaluation The below example illustrates how points will be calculated for proposed pricing - using a relative formula: Proposed Prices Calculation Resulting Points If Proponent 1 proposes the lowest Rate, that Proponent will receive 100% of the possible points. If Proponent 2 proposes a Rate of $1,000, that Proponent will receive 70% of the possible points. If Proponent 3 proposes a Rate of $1,400, that Proponent will receive 50% of the possible points. $700 $700 x $700 $1,000 x $700 $1,400 x In this example, Proponent 1 would be the highest scoring Proponent for Stage IV Pricing, and Proponent 2 would be the second highest scoring Proponent, and Proponent 3 would be the third highest scoring Proponent. The same calculations will occur for each Eligible Proposal. 3.6 Stage V Cumulative Score At the conclusion of Stage IV, the scores from Stages II and IV will be totaled and, subject to the express and implied rights of OECM, up to three (3) of the highest scoring Proposals will become the Preferred Proponents and invited to enter into discussions to finalize the terms of the Agreement, attached in Appendix A. Reference checks will be performed to confirm or clarify information provided within the Proposal. The reference checks themselves will not be scored, however OECM may adjust rated requirements scoring related to the information obtained during the reference check. 3.7 Stage VI - Tie Break Process At this stage, where two (2) or more of the highest scoring Proposals achieve a tie score on completion of the evaluation process, OECM shall break the tie by selecting the Proponent with the highest score in Stage IV Pricing as the Preferred Proponent. 3.8 Execution of Agreement with Preferred Proponent Subject to the requirements of this Section, OECM expects that the Agreement will be executed substantially in the form in which it appears in this RFP within fifteen (15) days after notification of award. Once the Agreement has been fully executed, Clients may execute the CSA with the Supplier. For certainty, OECM makes no commitment to the Preferred Proponent that the Agreement will be executed. The Preferred Proponent acknowledges that the commencement of any discussions does not obligate OECM to execute the Agreement. OECM shall, at all times, be entitled to exercise its right under Section Agreement Launch and Marketing OECM will promote the use of the Agreement with Clients as set out in Section 1.8 Client-Supplier Agreements. During the post award period, the Supplier will be expected to meet with OECM, to discuss an effective collaborative Agreement launch. OECM Insurance Consulting Services RFP # Page 18

19 OECM will work closely with the Supplier and requests that, where available, communications and marketing experts join discussions to achieve the desired outcome. During this period, OECM may request the following information: Supplier profile, logo, and images; Supplier contact information; Service information; Online tools, if any; and, Access to training materials (e.g. webinars). [End of Part 3] OECM Insurance Consulting Services RFP # Page 19

20 PART 4 - TERMS AND CONDITIONS OF THE RFP PROCESS 4.1 General Information and Instructions RFP Timetable The following is a summary of the key dates for this RFP process: RFP Timetable Event Date OECM s RFP Issue Date: March 12, 2015 Proponent Information Session: 3:00pm on March 16, 2015 Proponent s Deadline for Questions: 5:00pm on March 20, 2015 OECM s Deadline for Issuing Addenda: March 24, 2015 Proponent s Deadline for Questions Pertaining to Issued Addenda Only: 5:00pm on March 26, 2015 OECM s Deadline for Issuing Final Addenda: March 30, 2015 Proponent s Proposal Submission Deadline: 2:00:00pm on April 14, 2015 Optional Presentation Session: April 2015 Anticipated Agreement Start Date: April 2015 Note all times specified in this RFP timetable are local times in Toronto, Ontario, Canada. OECM may amend any timeline, including the Proponent s Proposal Submission Deadline, without liability, cost, or penalty, and within its sole discretion. In the event of any change in the Proponent s Proposal Submission Deadline, the Proponents may thereafter be subject to the extended timeline Proponent Information Session A Proponent may, but are not required to, participate in the Proponent Information Session, which will take place at the time set out in Section A Proponent wishing to participate should register, noting its full legal name and the names of the representatives by ing the RFP Coordinator prior to 1:00pm on March 16, Access to the teleconference and any applicable information will be ed to the registered Proponents. The Proponent Information Session may provide an opportunity for Proponents to enhance its understanding of this RFP. The Proponent Information Session is not an opportunity for Proponent s to direct questions about the RFP document Proponents must submit questions to the RFP Coordinator as set out in Section below. Any changes to the Proponent Information Session meeting date will be issued in an addendum on MERX and Biddingo. Information provided during this session will be posted on MERX and Biddingo. OECM Insurance Consulting Services RFP # Page 20

21 4.1.3 Proponents to Follow Instructions The Proponent should structure its Proposals in accordance with the instructions in this RFP. Where information is requested in this RFP, any response made in a Proposal should reference the applicable Section numbers of this RFP where that request was made Proposals in English All submissions of Proposal are to be in English only. Any Proposal received by OECM that are not entirely in the English language may be disqualified OECM s Information in RFP Only an Estimate OECM makes no representation, warranty or guarantee as to the accuracy of the information contained in this RFP or issued by way of addenda. Any data contained in this RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to Proponents the general size of the work. It is the Proponent's responsibility to avail itself of all the necessary information to prepare a Proposal in response to this RFP Proponent s Costs The Proponent shall bear all costs and expenses incurred relating to any aspect of its participation in this RFP process, including all costs and expenses relating to the Proponent s participation in: The preparation, presentation and submission of its Proposal; The Proponent s attendance at any meeting in relation to the RFP process, including any presentation and or interview; The conduct of any due diligence on its part, including any information gathering activity; The preparation of the Proponent s own questions prior to the Proponent s Proposal Submission Deadline; and, Any discussion and/or finalization, if any, in respect of the Agreement. 4.2 Communication after RFP Issuance RFP Coordinator Contact Information All communications regarding any aspect of this RFP must be ed to the following RFP Coordinator: Name: Patti Greer Title: Sourcing Manager Patti.Greer@OECM.ca A Proponent that fails to comply with the requirement to direct all communications to the RFP Coordinator may be disqualified from this RFP process. Without limiting the generality of this provision, the Proponent shall not communicate with or attempt to communicate with the following as it relates to this RFP: Any employee or agent of OECM (other than the RFP Coordinator); Any member of OECM s governing body (such as Board of Governors, Board of Directors, or advisors); Any employee, consultant or agent of the OECM s Clients; or, Any elected official of any level of government, including any advisor to any elected official. OECM Insurance Consulting Services RFP # Page 21

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