INSURANCE CONSULTING SERVICES REQUEST FOR PROPOSALS #

Transcription

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 [email protected]) 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 [email protected] 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

22 4.2.2 Proponents to Review RFP The Proponent shall promptly examine this RFP and all Appendices, including the Master Agreement and: Shall report any errors, omissions or ambiguities; and, May direct questions or seek additional information on or before the Proponent s Deadline for Questions to the RFP Coordinator. All questions submitted by Proponents shall be deemed to be received once the has entered into the RFP Coordinator s inbox. In answering a Proponent s questions, OECM will set out the question, but without identifying the Proponent that submitted the question and OECM may, in its sole discretion: Edit the question for clarity; Exclude questions that are either unclear or inappropriate; and, Answer similar questions from various Proponents only once. Where an answer results in any change to the RFP, such answer will be formally evidenced through the issue of a separate addendum for this purpose. To ensure the Proponent clearly understand issued addenda, OECM allows Proponents to ask questions about issued addenda. Refer to Section for timelines. OECM is under no obligation to provide additional information but may do so at its sole discretion. It is the responsibility of the Proponent to seek clarification, by submitting questions to the RFP Coordinator, on any matter it considers to be unclear. OECM shall not be responsible for any misunderstanding on the part of the Proponent concerning this RFP or its process Proponent to Notify In the event a Proponent has any reason to believe that any of the circumstances listed in Section exist, the Proponent must notify the RFP Coordinator in writing prior to submitting a Proposal. If appropriate, the RFP Coordinator will then clarify the matter for the benefit of all Proponents. Proponents shall not: After submission of a Proposal, claim that there was any misunderstanding or that any of the circumstances set out in Section were present with respect to the RFP, or; Claim that OECM is responsible for any of the circumstances listed in Section of this RFP All New Information to Proponents by way of Addenda This RFP may only be amended by an addendum in accordance with this Section. If OECM, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated to all Proponents by addenda by way on MERX and Biddingo. Each addendum shall form an integral part of this RFP. Any amendment or supplement to this RFP made in any other manner will not be binding on OECM. Such addenda may contain important information including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by OECM. In the space provided in the Form of Offer, Proponents shall confirm its receipt of all addenda by setting out the number of addenda in the space provided in the Form of Offer. OECM Insurance Consulting Services RFP # Page 22

23 Proponents who intend to respond to this RFP are requested not to cancel the receipt of addenda or amendments option provided by MERX and or Biddingo, since it must obtain through all of the information documents that are issued on MERX and or Biddingo. In the event that a Proponent chooses to cancel the receipt of addenda or amendments, its Proposal may be rejected. 4.3 Proposal Submission Requirements General To be considered in the RFP process, a Proposal must be received on or before the Proponent s Proposal Submission Deadline as set out in Section 4.1.1, in two (2) sealed packages and should bear the Proponent s name, return address, RFP number, and the RFP Coordinator s name. Proposals received after the Proponent s Proposal Submission Deadline shall not be considered and shall be returned to the Proponent unopened. Regardless of the method of delivery chosen by Proponent (such as courier, delivery service, Canada Post), each Proponent is responsible for the actual delivery of its Proposal to the address set out below: Submission address: Ontario Education Collaborative Marketplace 2 Lansing Square, Suite 200 Toronto, Ontario, Canada M2J 4P8 Proposals transmitted by facsimile or sent by any other electronic means shall not be considered. Notwithstanding anything to the contrary contained in any applicable statute relating to electronic documents transactions, including the Electronic Commerce Act, 2000, S.O. 2000, c. 17, any notice, submission, statement, or other instrument provided in respect of the RFP may not be validly delivered by way of electronic communication, unless otherwise provided for in this RFP Proposal Submission Requirements Proposals should be submitted in accordance with the instructions set out in this RFP in two (2) separate sealed packages as set out below. Package 1 - Proposal: Must include: o o A completed and signed Appendix B Form of Offer; and, A completed and signed Appendix F Consortium Information (if applicable). Should include: o The entire Proposal and other (non-mandatory) information, such as a completed: Appendix D Reference Form; and, Appendix E Rated Requirements. Note: No pricing information should be included in package 1. Package 2 - Pricing: Must include: OECM Insurance Consulting Services RFP # Page 23

24 o Appendix C Rate Bid Form. The following table sets out the required form and quantities of documents per submission package: Requirements Electronic Version (original) (searchable and locked) Submit the following quantities in each Package: Package 1 Proposal Package 2 Pricing 1 (PDF) 1 (Microsoft Excel) Bound Printed Copy (searchable and locked) Unbound Printed Copy (searchable and locked) 1 (Microsoft Word and Excel) 1 (Microsoft Word and Excel) 1 0 In the event of a conflict or inconsistency between the electronic version (the original) and the printed copies of the Proposal or the Rate Bid Form), the electronic version (the original) shall prevail. Proposals should be completed without delineations, alterations, or erasures. In the event of a discrepancy between the electronic version (the original) of the Proposal and any of the print copies, the electronic version (the original) shall prevail. The Proponent should identify and mark any trade secret or proprietary intellectual property in its Proposal. Proposals submitted in any other manner may be subject to disqualification Other Proposal Considerations In preparing its Proposal, the Proponent should adhere to the following: All pages should be numbered; Any embedded literature links within a Proposal should be a direct link to the specific page rather than the Proponent s main website. Where literature links are not possible, a PDF document may also be incorporated within the Proposal. Information contained in any embedded link will not be considered part of a Proposal, and will not be evaluated or scored; Completely address, on a point-by-point basis, each rated requirement identified in Appendix E and the Proposal should be complete in all respects; Adhere to the Proposal format requirements described above; and, Respond to the requirements in the applicable Appendices, or as may be directed in this RFP Proposal Receipt by OECM Every Proposal received will be date/time stamped at the location referred to in Section A receipt will be provided upon request. A Proponent should allow sufficient time in the preparation of its Proposal to ensure its Proposal is received on or before the Proponent s Proposal Submission Deadline Withdrawal of Proposal A Proponent may withdraw its Proposal only by providing written notice to the RFP Coordinator before the Proponent s Proposal Submission Deadline. A Proposal may not be withdrawn after the Proponent s Proposal Submission Deadline. OECM has no obligation to return withdrawn Proposals. OECM Insurance Consulting Services RFP # Page 24

25 4.3.6 Amendment of Proposal A Proponent may amend its Proposal after submission, but only if the Proposal is amended and resubmitted before the Proponent s Proposal Submission Deadline. The Proponent must provide notice to the RFP Coordinator in writing and replace its Proposal with a revised Proposal, in accordance with the requirements of this RFP. OECM has no obligation to return amended Proposals Completeness of Proposal By submitting a Proposal, the Proponent confirms that all of the components required to use and or manage the Services have been identified in its Proposal or will be provided to OECM or its Clients at no additional charge. Any requirement that may be identified by the Proponent after the Proponent s Proposal Submission Deadline or subsequent to signing the Agreement shall be provided at the Proponent s expense Proposals Retained by OECM All Proposals submitted by the Proponent s Proposal Submission Deadline shall become the property of OECM and will not be returned to the Proponents Proposal Irrevocability Subject to a Proponent s right to withdraw a Proposal in accordance with the procedure described in Section 4.3.5, a Proposal shall be irrevocable by the Proponent for one-hundred-and-twenty (120) days from the Proponent s Proposal Submission Deadline Acceptance of RFP By submitting a Proposal, a Proponent agrees to accept and to be bound by all of the terms and conditions contained in this RFP, and by all of the representations, terms, and conditions contained in its Proposal Amendments to RFP Subject to Section and Section 4.2.4, OECM shall have the right to amend or supplement this RFP in writing prior to the Proponent s Proposal Submission Deadline. No other statement, whether written or oral, shall amend this RFP. The Proponent is responsible to ensure it has received all Addenda Proposals will not be Opened Publicly Proponents are advised that there will not be a public opening of this RFP. OECM will open Proposals at a time subsequent to the Proponent s Proposal Submission Deadline Clarification of Proposals OECM shall have the right at any time after the Proponent s Proposal Submission Deadline to seek clarification from any Proponent in respect of the Proposal, without contacting any other Proponent. Any clarification sought shall not be an opportunity for the Proponent to either correct errors or to change its Proposal in any substantive manner. Subject to the qualification in this provision, any written information received by OECM from a Proponent in response to a request for clarification from OECM may be considered, if accepted, to form an integral part of the Proposal, at OECM s sole and absolute discretion. OECM shall not be obliged to seek clarification of any aspect of any Proposal Verification of Information OECM shall have the right, in its sole discretion, to: OECM Insurance Consulting Services RFP # Page 25

26 Verify any Proponent s statement or claim made in its Proposal or made subsequently in a clarification, interview, site visit, oral presentation, demonstration, or discussion by whatever means OECM may deem appropriate, including contacting persons in addition to those offered as references, and to reject any Proponent statement or claim, if such statement or claim or its Proposal is patently unwarranted or is questionable, which may result in changes to the scores for the Proponent s rated requirements; and, Access the Proponent s premises where any part of the work is to be carried out to confirm Proposal information, quality of processes, and to obtain assurances of viability, provided that, prior to providing such access, the Proponent and OECM shall have agreed on access terms including pre-notification, extent of access, security and confidentiality. OECM and the Proponent shall each bear its own costs in a connection with access to OECM s premises. The Proponent shall co-operate in the verification of information and is deemed to consent to OECM verifying such information, including references Proposal Acceptance The lowest price Proposal or any Proposal shall not necessarily be accepted. While price is an evaluation criterion, other evaluation criteria as set out in Part 3 will form a part of the evaluation process RFP Incorporated into Proposal All provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each Proposal Exclusivity of Contract The Agreement, if any, executed with the Preferred Proponent will not be an exclusive agreement for the provision of the described Deliverables Substantial Compliance OECM shall be required to reject Proposals, which are not substantially compliant with this RFP No Publicity or Promotion No Proponent, including the Preferred Proponent, shall make any public announcement or distribute any literature regarding this RFP or otherwise promote itself in connection with this RFP or any arrangement entered into under this RFP without the prior written approval of OECM. In the event that a Proponent, including the Preferred Proponent, makes a public statement either in the media or otherwise in breach of this requirement, in addition to any other legal remedy it may have in law, in equity or within the context of this RFP, OECM shall be entitled to take all reasonable steps as may be deemed necessary by OECM, including disclosing any information about a Proposal, to provide accurate information and/or to rectify any false impression which may have been created. 4.4 Execution of Agreement, Notification and Debriefing Selection of Proponent OECM anticipates that Preferred Proponent will be selected within sixty (60) days of the Proponent s Proposal Submission Deadline. Notice of selection by OECM to the Preferred Proponent will be in writing by from the RFP Coordinator. The Preferred Proponent shall execute the Agreement in the form attached as Appendix A to this RFP and satisfy any other applicable conditions of this RFP within fifteen (15) Days of notice of selection. This provision is solely to the benefit of OECM and may be waived by OECM at its sole discretion. Proponents are reminded that there is a question and answer period available, as set out in Section the RFP Timetable, if they wish to ask questions or seek clarification about the terms and conditions set out OECM Insurance Consulting Services RFP # Page 26

27 in the Form of Agreement. OECM will consider such requests for clarification in accordance with Section of the RFP Failure to Enter Into Agreement In addition to all of OECM s other remedies, if the Preferred Proponent fails to execute the Agreement or satisfy any other applicable conditions within fifteen (15) Days of notice of selection, OECM may, in its sole and absolute discretion and without incurring any liability, rescind the selection of that Proponent Notification to Other Proponents of Outcome of RFP Process Once the Preferred Proponent and OECM execute the Agreement, the other Proponents will be notified in writing by of the outcome of the RFP process, including the name of the Supplier, and the award of the Agreement Debriefing The Proponent will be invited to attend a debriefing from OECM after award notification. Requests should be submitted to the RFP Coordinator within sixty (60) days of the notice of award. OECM will not disclose submission information from other Proponents. The intent of the debriefing information session is to aid the Proponent in presenting a better Proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process Bid Dispute Resolution In the event that a Proponent wishes to review the decision of OECM in respect of any material aspect of the RFP process, and subject to having attended a debriefing, the Proponent shall submit a protest in writing to the RFP Coordinator within ten (10) Days from such a debriefing. Any request that is not timely received will not be considered and the Proponent will be notified in writing. A protest in writing shall include the following: A specific identification of the provision and/or procurement procedure that is alleged to have been breached; A specific description of each act alleged to have breached the procurement process; A precise statement of the relevant facts; An identification of the issues to be resolved; The Proponent s arguments and supporting documentation; and, The Proponent s requested remedy. For the purpose of a protest, OECM will review and address any protest in a timely and appropriate manner. 4.5 Prohibited Communications, Confidential Information and FIPPA Confidential Information of OECM All correspondence, documentation, and information of any kind provided to any Proponent in connection with or arising out of this RFP or the acceptance of any Proposal: Remains the property of OECM and shall be removed from OECM s premises only with the prior written consent of OECM; OECM Insurance Consulting Services RFP # Page 27

28 Must be treated as confidential and shall not be disclosed except with the prior written consent of OECM; Must not be used for any purpose other than for replying to this RFP and for the fulfillment of any related subsequent agreement; and, Must be returned to OECM upon request Confidential Information of the Proponent Except as provided otherwise in this RFP, or as may be required by Applicable Laws, OECM shall treat the Proposals and any information gathered in any related process as confidential, provided that such obligation shall not include any information that is or becomes generally available to the public other than as a result of disclosure by OECM. During any part of this RFP process, OECM or any of its representatives or agents shall be under no obligation to execute a confidentiality agreement. In the event that a Proponent refuses to participate in any required stage of the RFP because OECM has refused to execute any such confidentiality agreement, the Proponent shall receive no points for that particular stage of the evaluation process Proponent s Submission All correspondence, documentation, and information provided in response to or because of this RFP may be reproduced for the purposes of evaluating the Proposal. If a portion of a Proposal is to be held confidential, such provisions must be clearly identified in the Proposal Personal Information Personal Information shall be treated as follows: Submission of information The Proponent should not submit as part of its Proposal any information related to the qualifications or experience of persons who will be assigned to provide Services unless specifically requested. OECM shall maintain the information for a period of seven (7) years from the time of collection. Should OECM request such information, OECM will treat this information in accordance with the provisions of this Section; Use Any personal information as defined in the Personal Information Protection and Electronic Documents Act, S.C. 2005, c.5 that is requested from a Proponent by OECM shall only be used to select the qualified individuals to undertake the Services and to confirm that the work performed is consistent with these qualifications; and, Consent It is the responsibility of the Proponent to obtain the consent of such individuals prior to providing the information to OECM. OECM will consider that the appropriate consents have been obtained for the disclosure to and use by OECM of the requested information for the purposes described Non-Disclosure Agreement OECM reserves the right to require any Proponent to enter into a non-disclosure agreement satisfactory to OECM Freedom of Information and Protection of Privacy Act The Freedom of Information and Protection of Privacy Act (Ontario), applies to information provided by Proponents. A Proponent should identify any information in its Proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by OECM. The OECM Insurance Consulting Services RFP # Page 28

29 confidentiality of such information will be maintained by OECM, except as otherwise required by law or by order of a court, tribunal, or the Ontario Privacy Commissioner. By submitting a Proposal, including any Personal Information requested in this RFP, Proponents agree to the use of such information for the evaluation process, for any audit of this procurement process, and for contract management purposes Competition Act Under Canadian law, a Proposal must be prepared without conspiracy, collusion, or fraud. For more information, refer to the Competition Bureau website at and in particular, part VI of the Competition Act, R.S.C. 1985, c. C Trade Agreements Proponents should note that procurements coming within the scope of either Chapter 5 of the Agreement on Internal Trade or within the scope of the Trade and Cooperation Agreement between Quebec and Ontario are subject to such agreements, although the rights and obligations of the parties shall be governed by the specific terms of this RFP. For more information, please refer to the Internal Trade Secretariat website at or to the Trade and Cooperation Agreement between Quebec and Ontario at Ontario%20Trade%20and%20Cooperation%20Agreement%20English.pdf Intellectual Property The Proponent shall not use any intellectual property of OECM or Clients, including but not limited to, logos, registered trademarks, or trade names of OECM or Clients, at any time without the prior written approval of OECM. 4.6 Reserved Rights and Governing Law of OECM General In addition to any other express rights or any other rights, which may be, implied in the circumstances, OECM reserves the right to: Make public the names of any or all Proponents; Request written clarification or the submission of supplementary written information from any Proponent and incorporate such clarification or supplementary written information, if accepted, into the Proposal, at OECM s discretion, provided that any clarification or submission of supplementary written information shall not be an opportunity for the Proponent to correct errors in its Proposal or to change or enhance the Proposal in any material manner; Waive formalities and accept Proposals that substantially comply with the requirements of this RFP, in OECM s sole and absolute discretion; Verify with any Proponent or with a third party any information set out in a Proposal, as described in Section ; Check references other than those provided by Proponents; Disqualify any Proponent whose Proposal contains misrepresentations or any other inaccurate or misleading information, or any Proponent whose reasonable failure to cooperate with OECM impedes the evaluation process, or whose Proposal is determined to be non-compliant with the requirements of this RFP; Disqualify a Proposal where the Proponent has or the principals of a Proponent have previously breached a contract with OECM, or has otherwise failed to perform such contract to the reasonable satisfaction of OECM, the Proponent has been charged or convicted of an offence in respect of a OECM Insurance Consulting Services RFP # Page 29

30 contract with OECM, or the Proponent reveals a Conflict of Interest or Unfair Advantage in its Proposal or a Conflict of Interest or evidence of any Unfair Advantage is brought to the attention of OECM; Disqualify any Proposal of any Proponent who has breached any Applicable Laws or who has engaged in conduct prohibited by this RFP, including where there is any evidence that the Proponent or any of its employees or agents colluded with any other Proponent, its employees or agents in the preparation of the Proposal; Make changes, including substantial changes, to this RFP provided that those changes are issued by way of addenda in the manner set out in this RFP; Accept or reject a Proposal if only one (1) Proposal is submitted; Reject a Subcontractor proposed by a Proponent within a consortium; Select any Proponent other than the Proponent whose Proposal reflects the lowest cost to OECM; Cancel this RFP process at any stage and issue a new RFP for the same or similar requirements, including where: o o o o o OECM determines it would be in the best interest of OECM not to award an Agreement, the Proposal prices exceed the bid prices received by OECM for Services acquired of a similar nature and previously done work, the Proposal prices exceed the costs OECM or its Clients would incur by doing the work, or most of the work, with its own resources, the Proposal prices exceed the funds available for the Services, or the funding for the acquisition of the proposed Services has been revoked, modified, or has not been approved, and where OECM cancels this RFP, OECM may do so without providing reasons, and OECM may thereafter issue a new request for proposals, request for qualifications, sole source, or do nothing; Discuss with any Proponent different or additional terms to those contained in this RFP or in any Proposal; and, Reject any or all Proposals in its absolute discretion, including where a Proponent has launched legal proceedings against OECM or is otherwise engaged in a dispute with OECM. By submitting a Proposal, the Proponent authorizes the collection by OECM of the information identified in this RFP, which OECM may request from any third party Rights of OECM Preferred Proponent In the event that the Preferred Proponent fails or refuses to execute the Agreement within fifteen (15) Days from being notified of its position as the Preferred Proponent, OECM may, in its sole discretion: Extend the period for concluding the Agreement, provided that if substantial progress towards executing the Agreement is not achieved within a reasonable period of time from such extension, OECM may, in its sole discretion, terminate the discussions; Exclude the Preferred Proponent from further consideration and begin discussions with the next highest scoring Proponent without becoming obligated to offer to negotiate with all Proponents; and or; Exercise any other applicable right set out in this RFP, including but not limited to, cancelling the RFP and issuing a new RFP for the same or similar Services. OECM may also cancel this RFP in the event the Preferred Proponent fails to obtain any of the permits, licences, and approvals required pursuant to this RFP. OECM Insurance Consulting Services RFP # Page 30

31 4.6.3 No Liability The Proponent agrees that: Any action or proceeding relating to this RFP process shall be brought in any court of competent jurisdiction in the Province of Ontario and for that purpose the Proponent irrevocably and unconditionally attorns and submits to the jurisdiction of that Ontario court; It irrevocably waives any right to and shall not oppose any Ontario action or proceeding relating to this RFP process on any jurisdictional basis; and, It shall not oppose the enforcement against it, in any other jurisdiction, of any judgement or order duly obtained from an Ontario court as contemplated by this RFP. The Proponent further agrees that if OECM commits a material breach of OECM s obligations pursuant to this RFP, OECM s liability to the Proponent, and the aggregate amount of damages recoverable against OECM for any matter relating to or arising from that material breach, whether based upon an action or claim in contract, warranty, equity, negligence, intended conduct, or otherwise, including any action or claim arising from the acts or omissions, negligent or otherwise, of OECM, shall be no greater than the Proposal preparation costs that the Proponent seeking damages from OECM can demonstrate. In no event shall OECM be liable to the Proponent for any breach of OECM s obligations pursuant to this RFP, which does not constitute a material breach thereof. The Proponent acknowledges and agrees that the provisions of the Broader Public Sector Accountability Act, 2010 shall apply notwithstanding anything contained herein Assignment The Proponent shall not assign any of its rights or obligations hereunder during the RFP process without the prior written consent of OECM. Any act in derogation of the foregoing shall be null and void Entire RFP This RFP and all Appendices form an integral part of this RFP Priority of Documents In the event of any inconsistencies between the terms, conditions, and provisions of the main part of the RFP and the Appendices, the RFP shall prevail over the Appendices during the RFP process Governing Law The laws of Ontario and the federal laws of Canada applicable shall govern the RFP, the Proposal, and any resulting Agreement therein. [End of Part 4] OECM Insurance Consulting Services RFP # Page 31

32 APPENDIX A FORM OF AGREEMENT The Form of Agreement is posted as a separate PDF file. OECM Insurance Consulting Services RFP # Page 32

33 APPENDIX B FORM OF OFFER The submission of this Form of Offer is a mandatory submission requirement of this RFP. Complete the Form of Offer as set out below: Thoroughly review Form of Offer Complete tables in sections # 6, 7, and 8. Insert names of Proponent representative & witness; sign & date in #9. Insert completed Form of Offer as part of Package - 1 Proposal Proposals, which do not comply with all mandatory requirements, may, subject to the express and implied rights of OECM, be disqualified and not be evaluated further. To: From: Re: OECM [Insert Proponent s Name] IN THE MATTER OF our Proposal dated [Insert date], of which this Form of Offer is an integral part, submitted in response to RFP # issued by OECM on March 12, 2015, as the same may be amended. 1. Offer I am duly authorized by the Proponent, including the persons, firms, corporations, and advisors joining in the submission of this Proposal, to execute this Form of Offer. I solemnly declare and certify as follows: The Proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required under the RFP. By submitting its Proposal including this Form of Offer, the Proponent agrees and consents to the terms, conditions and provisions of the RFP, including the Form of Agreement, except as otherwise noted, and offers to provide the Services and optional services in accordance therewith at the Rates set out in Appendix C - Rate Bid Form. 2. Rates for Deliverables As a mandatory requirement, the Proponent has submitted its Rates in accordance with the instructions in the RFP and in the form set out in Appendix C Rate Bid Form. 3. Proposal Irrevocable The Proponent agrees that its Proposal shall be irrevocable for one-hundred-and-twenty (120) days following the Proponent s Proposal Submission Deadline. 4. Disclosure of Information The Proponent hereby agrees that any information provided in this Proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The Proponent hereby consents to the disclosure, on a confidential basis, of its Proposal to OECM s advisors retained for the purpose of evaluating or participating in the evaluation of this Proposal. 5. Proof of Insurance and Good Standing under the Workplace Safety and Insurance Act (Ontario) By signing this Form of Offer, the Proponent agrees, if selected, that it has verified its capability to do so and will provide proof of insurance coverage and a Clearance Certificate under the Workplace Safety and Insurance Act (Ontario) as set out in the Form of Agreement. OECM Insurance Consulting Services RFP # Page 33

34 6. Addenda and Questions/Answers The onus remains on Proponents to make any necessary amendments to its Proposals based on all addenda and question/answer documents issued by OECM prior to the Deadline for Issuing Final Addenda. Addenda and Question/Answers The number of addenda posted = The number of question/answer documents posted = The Proponent is deemed to have read the following: [Enter the number of addenda, if any.] [Enter the number of question/answer documents, if any.] 7. Unfair Advantage and Conflict of Interest Statement Prior to completing this Form of Offer, the Proponent is advised to review the definitions of Unfair Advantage and Conflict of Interest set out in Section 1.12 of this RFP. Conflict of Interest Response Is there an actual or potential Unfair Advantage or Conflict of Interest, relating to the preparation of its Proposal, or if the Proponent foresees an actual or potential Unfair Advantage or Conflict of Interest in performing the contractual obligations contemplated in the RFP? Yes No [If yes, please enter details here.] The Proponent agrees to provide any additional information, which may be requested by the RFP Coordinator, in the form prescribed by the RFP Coordinator. Where, in its sole discretion, OECM concludes that an Unfair Advantage and/or Conflict of Interest arises, it may, in addition to any other remedy available to it at law or in equity, disqualify the Proposal, or terminate any Agreement awarded to the Proponent under the RFP. 8. Proponent Information Insert the required information in the following table: Information Required Response Full legal name of the Proponent is: [Enter response here.] Any other relevant name under which the Proponent carries on business is: [Enter response here.] The jurisdiction under which the Proponent is governed is: [Enter response here.] The name, address, telephone and fax numbers, and address of the Proponent s contact person are: [Enter response here.] OECM Insurance Consulting Services RFP # Page 34

35 Information Required Response [Enter response here.] The Proponent s business model: individual sole proprietorship corporation partnership consortium* *If the Proponent is a consortium, Appendix F must be completed, signed, and submitted with the Proponent s Proposal. 9. Execution of Agreement If its Proposal is selected by OECM, the Proponent agrees to finalize and execute the Agreement substantially in the form set out in the Form of Agreement in accordance with the terms of the RFP. OECM consents to the use of an electronic signature for the signing and witnessing of the execution of the Agreement. Acceptable forms of electronic signatures include, but are not limited to, the typing of the Proponent s Representative s name and the Witness name or the inclusion of an image of the Proponent s Representative s signature and the Witness signature, so long as the electronic signature is sufficient to identify the Proponent s Representative and the Witness. OECM acknowledges this is in compliance with OECM s information technology standards and requirements. The Proponent s Representative and the Witness agree that whatever form of electronic signature he/she may provide below constitutes a signature for the purpose of executing this Agreement. Witness: Proponent s Representative: Signature: Signature: Printed Name: Printed Name: Date: Date: I have the authority to bind the Proponent. OECM Insurance Consulting Services RFP # Page 35

36 APPENDIX C RATE BID FORM Each Proponent must complete, according to the instructions contained here as well as those set out in Section 3.2.2, and submit this form with its Proposal. The Proponent should insert the names of all its proposed personnel along with their applicable maximum per diem Rates for each role. If a range of Rates is proposed for a role, the average of the range will be calculated and that will be the Rate used when evaluating and scoring that particular pricing component. Proposed maximum per diem Rate for each proposed role within a pricing component (e.g. senior roles) will be averaged and the average Rate will be the Rate used when evaluating and scoring pricing. Insert Proponent s Name: Pricing Components Insert Role and Consultant s Name Rates Insert Proposed Maximum Per Diem Rate/Proposed Role 1. Senior Roles (30 Points): [insert role and consultant s name] $ [insert role and consultant s name] $ [insert role and consultant s name] $ 2. Supporting Roles (20 Points): [insert role and consultant s name] $ [insert role and consultant s name] $ [insert role and consultant s name] $ Please see Proposal submission requirements set out in Section of this RFP. OECM Insurance Consulting Services RFP # Page 36

37 APPENDIX D REFERENCE FORM Each Proponent is required to provide three (3) references from organizations similar in size and scope to OECM and their Clients for which the Proponent has provided the same or similar Deliverables within the past three (3) years. OECM, in its sole discretion, may confirm the Proponent s experience and or ability to provide the Services required and described in its Proposal by checking the Proponent s references, and the provision of the references by the Proponent is deemed to be consent to such confirmation/contact with the references. OECM reserves the right to revisit the Proponent s scores in the rated requirements based on information learned during reference checks, should they reveal that there is inconsistency between the Proponent s answers to the rated requirements and the results of the reference check. OECM may check references other than those provided by the Proponent. Insert Proponent s Name: Reference #1 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: Reference #2 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: Reference #3 Company name: Company address: Contact name: Contact telephone number: Contact address: Date work undertaken: From: To: Nature of services: OECM Insurance Consulting Services RFP # Page 37

38 APPENDIX E RATED REQUIREMENTS Appendix E is attached as a separate Microsoft Excel file. OECM Insurance Consulting Services RFP # Page 38

39 APPENDIX F CONSORTIUM INFORMATION This Appendix must be completed, signed, and submitted with a Proponent s Proposal, if the Proposal is submitted by a consortium. Insert Proponent s Name: Information Required Response Name of the legal entity that is liable and responsible to OECM for the provision of the Deliverables in this RFP (i.e. the Proponent). [Enter response here.] Describe the consortium members and what each will supply. [Enter response here.] Describe the contingency plan if a consortium member is no longer part of the consortium. [Enter response here.] Witness: Proponent Representative: Signature: Signature: Printed Name: Printed Name: Date: Date: I have the authority to bind the Proponent. OECM Insurance Consulting Services RFP # Page 39