Public Works and Government Services Canada RETURN BIDS TO: RETOURNER LES SOUMISSIONS À: Bid Receiving Public Works and Government Services Canada/Réception des soumissions Travaux publics et Services gouvernementaux Canada Room 1650, 635 8th Ave. S.W. Calgary Alberta T2P 3M3 REQUEST FOR PROPOSAL DEMANDE DE PROPOSITION Proposal To: Public Works and Government Services Canada We hereby offer to sell to Her Majesty the Queen in right of Canada, in accordance with the terms and conditions set out herein, referred to herein or attached hereto, the goods, services, and construction listed herein and on any attached sheets at the price(s) set out therefor. Proposition aux: Travaux Publics et Services Gouvernementaux Canada Nous offrons par la présente de vendre à Sa Majesté la Reine du chef du Canada, aux conditions énoncées ou incluses par référence dans la présente et aux annexes ci-jointes, les biens, services et construction énumérés ici sur toute feuille ci-annexée, au(x) prix indiqué(s). Comments - Commentaires THIS DOCUMENT CONTAINS A SECURITY REQUIREMENT Travaux publics et Services Part - Partie 1 of - de 2 gouvernementaux Canada See Part 2 for Clauses and Conditions 1 1 Voir Partie 2 pour Clauses et Conditions Title - Sujet Patent Agent Services Solicitation No. - N de l'invitation Date 01R11-15S021/A 2015-07-31 Client Reference No. - N de référence du client 01R11-15S021 GETS Reference No. - N de référence de SEAG PW-$CAL-104-6359 File No. - N de dossier CCC No./N CCC - FMS No./N VME (104) Solicitation Closes - L'invitation prend fin Time Zone Fuseau horaire at - à 02:00 PM Mountain Daylight Saving Time MDT on - le 2015-08-26 F.O.B. - F.A.B. Plant-Usine: Destination: Other-Autre: Address Enquiries to: - Adresser toutes questions à: Twomey, Margaret Telephone No. - N de téléphone (403) 292-4450 ( ) Destination - of Goods, Services, and Construction: Destination - des biens, services et construction: DEPARTMENT OF AGRICULTURE AND AGRI-FOOD 300-2010 12TH AVENUE REGINA Saskatchewan S4P0M3 Canada Buyer Id - Id de l'acheteur cal114 FAX No. - N de FAX (403) 292-5786 Instructions: See Herein Vendor/Firm Name and Address Raison sociale et adresse du fournisseur/de l'entrepreneur Instructions: Voir aux présentes Delivery Required - Livraison exigée Delivery Offered - Livraison proposée See Herein Vendor/Firm Name and Address Raison sociale et adresse du fournisseur/de l'entrepreneur Issuing Office - Bureau de distribution Public Works and Government Services Canada/Travaux publics et Services gouvernementaux Canada Room 1650, 635 8th Ave. S.W. Calgary Alberta T2P 3M3 Telephone No. - N de téléphone Facsimile No. - N de télécopieur Name and title of person authorized to sign on behalf of Vendor/Firm (type or print) Nom et titre de la personne autorisée à signer au nom du fournisseur/ de l'entrepreneur (taper ou écrire en caractères d'imprimerie) Signature Date Canada Page 1 of - de 1
01R11-15S021/A cal104 Client Ref. No. - N de réf. du client File No. - N du dossier CCC No./N CCC - FMS No/ N VME 01R11-15S021 THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY Part - Partie 2 of - de 2 / Page 1 of - de 1
TABLE OF CONTENTS PART 1 GENERAL INFORMATION 1.1 INTRODUCTION... 3 1.2 SUMMARY... 3 1.3 SECURITY REQUIREMENTS... 4 1.4 DEBRIEFINGS... 4 PART 2 - OFFEROR INSTRUCTIONS... 4 2.1 STANDARD INSTRUCTIONS, CLAUSES AND CONDITIONS... 4 2.2 SUBMISSION OF OFFERS... 4 2.3. FORMER PUBLIC SERVANT... 4 2.4. ENQUIRIES - REQUEST FOR STANDING OFFERS... 6 2.5. APPLICABLE LAWS... 6 2.6. BASIS FOR CANADA S OWNERSHIP OF INTELLECTUAL PROPERTY... 7 PART 3 - OFFER PREPARATION INSTRUCTIONS... 7 3.1. OFFER PREPARATION INSTRUCTIONS... 7 PART 4 - EVALUATION PROCEDURES AND BASIS OF SELECTION... 8 4.1 EVALUATION PROCEDURES... 8 4.2 BASIS OF SELECTION... 9 PART 5 CERTIFICATIONS AND ADDITIONAL INFORMATION... 9 5.1 CERTIFICATIONS REQUIRED WITH THE OFFER... 10 5.2 CERTIFICATIONS PRECEDENT TO THE ISSUANCE OF A STANDING OFFER AND ADDITIONAL INFORMATION 10 PART 6 SECURITY REQUIREMENTS... 11 6.1 SECURITY REQUIREMENTS... 11 PART 7 - STANDING OFFER AND RESULTING CONTRACT CLAUSES... 11 A. STANDING OFFER... 11 7.1 OFFER... 11 7.2 SECURITY REQUIREMENTS... 12 7.3 STANDARD CLAUSES AND CONDITIONS... 12 7.4 TERM OF STANDING OFFER... 13 7.5. AUTHORITIES... 13 7.6 PROACTIVE DISCLOSURE OF CONTRACTS WITH FORMER PUBLIC SERVANTS... 14 7.7 IDENTIFIED USERS... 14 7.8 CALL-UP INSTRUMENT... 14 7.9 LIMITATION OF CALL-UPS... 14 7.10 PRIORITY OF DOCUMENTS... 15 7.11 CERTIFICATIONS... 15 7.12 APPLICABLE LAWS... 15 B. RESULTING CONTRACT CLAUSES... 15 7.1 STATEMENT OF WORK... 15 7.2 STANDARD CLAUSES AND CONDITIONS... 16 7.3 TERM OF CONTRACT... 16 7.4 PROACTIVE DISCLOSURE OF CONTRACTS WITH FORMER PUBLIC SERVANTS... 16 Page 1 of - de 38
7.5 PAYMENT... 16 7.6 INVOICING INSTRUCTIONS... 17 7.7 INSURANCE... 18 ANNEX "A"... 19 STATEMENT OF WORK... 19 ANNEX "B"... 23 BASIS OF PAYMENT... 23 ANNEX "C"... 32 SECURITY REQUIREMENTS CHECK LIST... 32 ANNEX D... 33 MANDATORY TECHNICAL EVALUATION... 33 ANNEX E... 38 STANDING OFFER USAGE REPORT... 38 Page 2 of - de 38
PART 1 - GENERAL INFORMATION 1.1 Introduction The Request for Standing Offers (RFSO) is divided into seven parts plus attachments and annexes, as follows: Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 General Information: provides a general description of the requirement; Offeror Instructions: provides the instructions applicable to the clauses and conditions of the RFSO; Offer Preparation Instructions: provides Offerors with instructions on how to prepare their offer to address the evaluation criteria specified; Evaluation Procedures and Basis of Selection: indicates how the evaluation will be conducted, the evaluation criteria which must be addressed in the offer, and the basis of selection; Certifications: includes the certifications to be provided; Security, Financial and Insurance Requirements: includes specific requirements that must be addressed by Offerors; and 7A, Standing Offer, and 7B, Resulting Contract Clauses: 7A, includes the Standing Offer containing the offer from the Offeror and the applicable clauses and conditions; 7B, includes the clauses and conditions which will apply to any contract resulting from a call-up made pursuant to the Standing Offer. The Annexes include the Statement of Work, the Basis of Payment, the Federal Contractors Program for Employment Equity Certification, SRCL and any other annexes 1.2 Summary 1.2.1 Agriculture and Agri-Food Canada (AAFC) has a requirement for the services of Senior Patent Agents (SPA) and Junior Patent Agents (JPA) on an as and when requested basis, to protect its Intellectual Property (IP) in the following four categories: 1. Molecular Technologies and Biological Control 2. Plant Patents & Plant Related Technologies 3. Processing & Related Product Patents & Equipment 4. Animal Health and Well Being AAFC files patents on approximately 1 to 5 new inventions per year, conducts patentability and freedom to operate assessments on approximately 2 inventions per year and undertakes other actions related to Intellectual Property (IP) protection strategies. Patent filings will be primarily made in the ed States of America and Canada; patents may be filed in both Patent Corporation Treaty (PCT) countries and non-pct countries. The period of the Standing Offer is from date of award for a two year period with the inclusion of two additional one-year options. Page 3 of - de 38
1.2.2 This requirement is subject to the provisions of the Agreement on Internal Trade 1.2.3 "The requirement is subject to a preference for Canadian goods and/or services." 1.3 Security Requirements There are security requirements associated with the requirement of the Standing Offer. For additional information, see Part 6 - Security, Financial and Insurance Requirements, and Part 7 - Standing Offer and Resulting Contract Clauses. For more information on personnel and organization security screening or security clauses, Offerors should refer to the Industrial Security Program (ISP) of Public Works and Government Services Canada (http://ssi-iss.tpsgc-pwgsc.gc.ca/index-eng.html) website. 1.4 Debriefings Offerors may request a debriefing on the results of the request for standing offers process. Offerors should make the request to the Standing Offer Authority within 15 working days of receipt of the results of the request for standing offers process. The debriefing may be in writing, by telephone or in person. PART 2 - OFFEROR INSTRUCTIONS 2.1 Standard Instructions, Clauses and Conditions All instructions, clauses and conditions identified in the Request for Standing Offers (RFSO) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual (https://buyandsell.gc.ca/policy-and-guidelines/standard-acquisition-clauses-and-conditions-manual) issued by Public Works and Government Services Canada. Offerors who submit an offer agree to be bound by the instructions, clauses and conditions of the RFSO and accept the clauses and conditions of the Standing Offer and resulting contract(s). The 2006 (2015-07-03) Standard Instructions - Request for Standing Offers - Goods or Services - Competitive Requirements, are incorporated by reference into and form part of the RFSO. Subsection 5.4 of 2006, Standard Instructions - Request for Standing Offers - Goods or Services - Competitive Requirements, is amended as follows: Delete: 60 days Insert: 180 days 2.2 Submission of Offers Offers must be submitted only to Public Works and Government Services Canada (PWGSC) Bid Receiving by the date, time and place indicated on page 1 of the Request for Standing Offers. Due to the nature of the Request for Standing Offers, transmission of offers by facsimile to PWGSC will not be accepted. 2.3. Former Public Servant Contracts awarded to former public servants (FPS) in receipt of a pension or of a lump sum payment must bear the closest public scrutiny, and reflect fairness in the spending of public funds. In order to comply with Treasury Board policies and directives on contracts awarded to FPS, offerors must provide the information required below before the issuance of a standing offer. If the answer to the Page 4 of - de 38
questions and, as applicable the information required have not been received by the time the evaluation of offers is completed, Canada will inform the Offeror of a time frame within which to provide the information. Failure to comply with Canada s request and meet the requirement within the prescribed time frame will render the offer non-responsive. Definitions For the purposes of this clause, "former public servant" is any former member of a department as defined in the Financial Administration Act R.S., 1985, c. F-11, a former member of the Canadian Armed Forces or a former member of the Royal Canadian Mounted Police. A former public servant may be: a. an individual; b. an individual who has incorporated; c. a partnership made of former public servants; or d. a sole proprietorship or entity where the affected individual has a controlling or major interest in the entity. "lump sum payment period" means the period measured in weeks of salary, for which payment has been made to facilitate the transition to retirement or to other employment as a result of the implementation of various programs to reduce the size of the Public Service. The lump sum payment period does not include the period of severance pay, which is measured in a like manner. "pension" means a pension or annual allowance paid under the Public Service Superannuation Act (PSSA), R.S., 1985, c. P-36, and any increases paid pursuant to the Supplementary Retirement Benefits Act, R.S., 1985, c. S-24 as it affects the PSSA. It does not include pensions payable pursuant to the Canadian Forces Superannuation Act, R.S., 1985, c. C-17, the Defence Services Pension Continuation Act, 1970, c. D-3, the Royal Canadian Mounted Police Pension Continuation Act, 1970, c. R-10, and the Royal Canadian Mounted Police Superannuation Act, R.S., 1985, c. R-11, the Members of Parliament Retiring Allowances Act, R.S. 1985, c. M-5, and that portion of pension payable to the Canada Pension Plan Act, R.S., 1985, c. C-8. Former Public Servant in Receipt of a Pension As per the above definitions, is the Offeror a FPS in receipt of a pension? YES ( ) NO ( ) If so, the Offeror must provide the following information, for all FPS in receipt of a pension, as applicable: a. name of former public servant; b. date of termination of employment or retirement from the Public Service. By providing this information, Offerors agree that the successful Offeror's status, with respect to being a former public servant in receipt of a pension, will be reported on departmental websites as part of the published proactive disclosure reports in accordance with Contracting Policy Notice: 2012-2 and the Guidelines on the Proactive Disclosure of Contracts. Page 5 of - de 38
Work Force Adjustment Directive Is the Offeror a FPS who received a lump sum payment pursuant to the terms of the Work Force Adjustment Directive? YES ( ) NO ( ) If so, the Offeror must provide the following information: a. name of former public servant; b. conditions of the lump sum payment incentive; c. date of termination of employment; d. amount of lump sum payment; e. rate of pay on which lump sum payment is based; f. period of lump sum payment including start date, end date and number of weeks; g. number and amount (professional fees) of other contracts subject to the restrictions of a work force adjustment program. For all contracts awarded during the lump sum payment period, the total amount of fees that may be paid to a FPS who received a lump sum payment is $5,000, including Applicable Taxes. 2.4. Enquiries - Request for Standing Offers All enquiries must be submitted in writing to the Standing Offer Authority no later than ten (10) calendar days before the Request for Standing Offers (RFSO) closing date. Enquiries received after that time may not be answered. Offerors should reference as accurately as possible the numbered item of the RFSO to which the enquiry relates. Care should be taken by Offerors to explain each question in sufficient detail in order to enable Canada to provide an accurate answer. Technical enquiries that are of a proprietary nature must be clearly marked "proprietary" at each relevant item. Items identified as "proprietary" will be treated as such except where Canada determines that the enquiry is not of a proprietary nature. Canada may edit the question(s) or may request that Offerors do so, so that the proprietary nature of the question(s) is eliminated, and the enquiry can be answered to all Offerors. Enquiries not submitted in a form that can be distributed to all Offerors may not be answered by Canada. 2.5. Applicable Laws The Standing Offer and any contract resulting from the Standing Offer must be interpreted and governed, and the relations between the parties determined, by the laws in force in Alberta. Offerors may, at their discretion, substitute the applicable laws of a Canadian province or territory of their choice without affecting the validity of their offer, by deleting the name of the Canadian province or territory specified and inserting the name of the Canadian province or territory of their choice. If no change is made, it acknowledges that the applicable laws specified are acceptable to the Offerors. Page 6 of - de 38
2.6. Basis for Canada s Ownership of Intellectual Property Agriculture and Agri-Foods Canada has determined that any intellectual property rights arising from the performance of the Work under the resulting contract will belong to Canada, on the following grounds: where the material developed or produced consists of material subject to copyright, with the exception of computer software and all documentation pertaining to that software PART 3 - OFFER PREPARATION INSTRUCTIONS 3.1. Offer Preparation Instructions Canada requests that Offerors provide their offer in separately bound sections as follows: Section I: Section II: Section III: Section IV: Technical Offer (two (2) hard copies) for each Patent Category being offered Financial Offer (one (1) hard copy) for each Patent Category being offered Certifications (one (1) hard copy) Additional Information (one (1) hard copy) Prices must appear in the financial offer only. No prices must be indicated in any other section of the offer. Canada requests that Offerors follow the format instructions described below in the preparation of their offer. (a) (b) use 8.5 x 11 inch (216 mm x 279 mm) paper; use a numbering system that corresponds to that of the Request for Standing Offers. In April 2006, Canada issued a policy directing federal departments and agencies to take the necessary steps to incorporate environmental considerations into the procurement process Policy on Green Procurement (http://www.tpsgc-pwgsc.gc.ca/ecologisation-greening/achats-procurement/politique-policyeng.html). To assist Canada in reaching its objectives, Offerors should: 1) use 8.5 x 11 inch (216 mm x 279 mm) paper containing fibre certified as originating from a sustainably-managed forest and containing minimum 30% recycled content; and 2) use an environmentally-preferable format including black and white printing instead of colour printing, printing double sided/duplex, using staples or clips instead of cerlox, duotangs or binders. Section I: Technical Offer In their technical offer, Offerors should explain and demonstrate how they propose to meet the requirements and how they will carry out the Work. Section II: Financial Offer Offerors must submit their financial offer in accordance with "Annex B, Basis of Payment". The total amount of Applicable Taxes must be shown separately. Page 7 of - de 38
3.1.1 Payment by Credit Card Canada requests that Offerors complete one of the following: (a) ( ) Government of Canada Acquisition Cards (credit cards) will be accepted for payment of call-ups against the standing offer. The following credit card(s) are accepted: VISA Master Card (b) ( ) Government of Canada Acquisition Cards (credit cards) will not be accepted for payment of call-ups against the standing offer. The Offeror is not obligated to accept payment by credit card. Acceptance of credit cards for payment of call-ups will not be considered as an evaluation criterion. 3.1.2 Exchange Rate Fluctuation C3011T (2013-11-06), Exchange Rate Fluctuation Section III: Certifications Offerors must submit the certifications required under Part 5. Section IV: Additional Information 3.1.3 Offeror s Proposed Site(s) or Premises Requiring Safeguarding Measures 3.1.3.1 As indicated in Part 6 under Security Requirements, the Offeror must provide the full address(es) of the Offeror s and proposed individual(s) site(s) or premises for which safeguarding measures are required for Work Performance: Street Number / Street Name, / Suite / Apartment Number City, Province, Territory / State Postal Code / Zip Code Country 3.1.3.2 The Company Security Officer (CSO) must ensure through the Industrial Security Program (ISP) that the Offeror and proposed individual(s) hold a valid security clearance at the required level, as indicated in Part 6 Security, Financial and Other Requirements. PART 4 - EVALUATION PROCEDURES AND BASIS OF SELECTION 4.1 Evaluation Procedures (a) (b) Offers will be assessed in accordance with the entire requirement of the Request for Standing Offers including the technical and financial evaluation criteria. An evaluation team composed of representatives of Canada will evaluate the offers. Page 8 of - de 38
(c) The evaluation team will determine first if there are two or more offers with a valid Canadian Content certification. In that event, the evaluation process will be limited to the offers with the certification; otherwise, all offers will be evaluated. If some of the offers with a valid certification are declared non-responsive, or are withdrawn, and less than two responsive offers with a valid certification remain, the evaluation will continue among those offers with a valid certification. If all offers with a valid certification are subsequently declared non-responsive, or are withdrawn, then all the other offers received will be evaluated. 4.1.1 Technical Evaluation 4.1.1.1 Mandatory Technical Criteria It is understood by the parties submitting Submissions that, to be considered compliant: a) their submission must meet all the MANDATORY requirements as outlined in Annex D and ; b) where the words must, shall, should or will appear in this RFSO, the clause is to be considered as a mandatory requirement. 4.1.2 Financial Evaluation 4.1.2.1 Step 1 - For each line item - s (A) x price (B) = (C) Step 2 - Aggregate of Extended Totals - Evaluated Offer SACC Manual Clause M0222T (2013-04-25) Evaluation of Price 4.2 Basis of Selection 4.2.1 Basis of Selection Mandatory Technical Criteria Only SACC Manual Clause M0031T (2007-05-25) Basis of Selection Mandatory Technical Criteria Only It is Canada's intent to award a minimum of one (1) Standing Offer for each PATENT CATEGORY, to a maximum of four (4) Standing Offers for the four (4) categories listed herein. PART 5 CERTIFICATIONS AND ADDITIONAL INFORMATION Offerors must provide the required certifications and additional information to be issued a standing offer. The certifications provided by Offerors to Canada are subject to verification by Canada at all times. Canada will declare an offer non-responsive, will have the right to set-aside a standing offer, or will declare a contractor in default, if any certification made by the Offeror is found to be untrue whether made knowingly or unknowingly during the offer evaluation period, during the Standing Offer period, or during the contract period. Page 9 of - de 38
The Standing Offer Authority will have the right to ask for additional information to verify the Offeror s certifications. Failure to comply and to cooperate with any request or requirement imposed by the Standing Offer Authority will render the offer non-responsive, resulting in the setting aside of the Standing Offer or constitute a default under the Contract. 5.1 Certifications Required with the Offer Offerors must submit the following duly completed certifications as part of their offer. 5.1.1 Declaration of Convicted Offences As applicable, pursuant to subsection Declaration of Convicted Offences of section 01 of the Standard Instructions, the Offeror must provide with its offer, a completed Declaration Form (http://www.tpsgc-pwgsc.gc.ca/ci-if/formulaire-form-eng.html), to be given further consideration in the procurement process. 5.1.2 Additional Certifications Required with the Offer 5.1.2.1 Canadian Content Certification This procurement is conditionally limited to Canadian services. Subject to the evaluation procedures contained in the request for standing offer, offerors acknowledge that only offers with a certification that the service offered is a Canadian service, as defined in clause A3050T, may be considered. Failure to provide this certification completed with the offer will result in the service offered being treated as a non-canadian service. The Offeror certifies that: ( ) the service offered is a Canadian service as defined in paragraph 2 of clause A3050T. 5.1.2.1.1 SACC Manual clause A3050T (2014-11-27) Canadian Content Definition 5.2 Certifications Precedent to the Issuance of a Standing Offer and Additional Information The certifications and additional information listed below should be submitted with the offer, but may be submitted afterwards. If any of these required certifications or additional information is not completed and submitted as requested, the Standing Offer Authority will inform the Offeror of a time frame within which to provide the information. Failure to provide the certifications or the additional information listed below within the time frame provided will render the offer non-responsive. 5.2.1 Integrity Provisions List of Names Offerors who are incorporated, including those submitting offers as a joint venture, must provide a complete list of names of all individuals who are currently directors of the Offeror. Offerors submitting offers as sole proprietorship, as well as those submitting offers as a joint venture, must provide the name of the owner(s). Offerors submitting offers as societies, firms or partnerships do not need to provide lists of names. Page 10 of - de 38
5.2.2 Federal Contractors Program for Employment Equity - Standing Offer Certification By submitting an offer, the Offeror certifies that the Offeror, and any of the Offeror's members if the Offeror is a Joint Venture, is not named on the Federal Contractors Program (FCP) for employment equity "FCP Limited Eligibility to Bid" list (http://www.labour.gc.ca/eng/standards_equity/eq/emp/fcp/list/inelig.shtml) available from Employment and Social Development Canada-Labour's website. Canada will have the right to declare an offer non-responsive, or to set-aside a Standing Offer, if the Offeror, or any member of the Offeror if the Offeror is a Joint Venture, appears on the FCP Limited Eligibility to Bid list at the time of issuing of a Standing Offer or during the period of the Standing Offer. PART 6 SECURITY REQUIREMENTS 6.1 Security Requirements 1. Before issuance of a standing offer, the following conditions must be met: (a) the Offeror must hold a valid organization security clearance as indicated in Part 7A - Standing Offer; (b) (c) (d) (e) the Offeror's proposed individuals requiring access to classified or protected information, assets or sensitive work site(s) must meet the security requirements as indicated in Part 7A - Standing Offer; the Offeror must provide the name of all individuals who will require access to classified or protected information, assets or sensitive work sites; the Offeror s proposed location of work performance and document safeguarding must meet the security requirements as indicated in Part 7A - Standing Offer; the Offeror must provide the address(es) of proposed site(s) or premises of work performance and document safeguarding as indicated in Part 3 - Section IV Additional Information. 2. Offerors are reminded to obtain the required security clearance promptly. Any delay in the issuance of a standing offer to allow the successful offeror to obtain the required clearance will be at the entire discretion of the Standing Offer Authority. 3. For additional information on security requirements, offerors should refer to the Industrial Security Program (ISP) of Public Works and Government Services Canada (http://ssi-iss.tpsgcpwgsc.gc.ca/index-eng.html) website. PART 7 - STANDING OFFER AND RESULTING CONTRACT CLAUSES A. STANDING OFFER 7.1 Offer 7.1.1 The Offeror offers to fulfill the requirement in accordance with the Statement of Work at Annex "A". Page 11 of - de 38
7.2 Security Requirements 7.2.1 The following security requirements (SRCL and related clauses provided by ISP) apply and form part of the Standing Offer. SECURITY REQUIREMENT FOR CANADIAN SUPPLIER: PWGSC File Nº 01R11-15-S021 1. The Contractor/Offeror must, at all times during the performance of the Contract/Standing Offer, hold a valid Designated Organization Screening (DOS) with approved Document Safeguarding Capability (DSC) at the level of PROTECTED B issued by the Canadian Industrial Security Directorate (CISD) of Public Works and Government Services Canada (PWGSC). 2. The Contractor/Offeror personnel requiring access to PROTECTED information, assets or work site(s) must EACH hold a valid RELIABILITY STATUS, granted or approved by CISD of PWGSC. 3. The Contractor MUST NOT utilize its Information Technology systems to electronically process, produce or store PROTECTED information until the CISD/PWGSC has issued written approval. After approval has been granted or approved, these tasks may be performed at the level of PROTECTED B. 4. Subcontracts, which contain security requirements, are NOT to be awarded without the prior written permission of CISD of PWGSC. 5. The Contractor/Offeror must comply with the provisions of the: a) Security Requirements Check List and Security Guide (if applicable), attached at Annex ; b) Industrial Security Manual (Latest Edition) 7.2.2 Offeror s Site(s) or Premises Requiring Safeguarding 7.2.2.1 The Offeror must diligently maintain up-to-date, the information related to the Offeror s and individual(s) site(s) or premises, where safeguarding measures are required in the performance of the Work, for the following addresses: Street Number / Street Name, / Suite / Apartment Number City, Province, Territory / State Postal Code / Zip Code Country 7.2.2.2 The Company Security Officer (CSO) must ensure through the Industrial Security Program (ISP) that the Offeror and individual(s) hold a valid security clearance at the required level. 7.3 Standard Clauses and Conditions All clauses and conditions identified in the Standing Offer and resulting contract(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual (https://buyandsell.gc.ca/policy-and-guidelines/standard-acquisition-clauses-and-conditions-manual) issued by Public Works and Government Services Canada. 7.3.1 General Conditions 2005 (2015-07-03) General Conditions - Standing Offers - Goods or Services, apply to and form part of the Standing Offer. Page 12 of - de 38
7.3.2 Standing Offers Reporting The Offeror must compile and maintain records on its provision of goods, services or both to the federal government under contracts resulting from the Standing Offer. This data must include all purchases, including those paid for by a Government of Canada Acquisition Card. The Offeror must provide this data in accordance with the reporting requirements detailed in Annex "E. If some data is not available, the reason must be indicated. If no goods or services are provided during a given period, the Offeror must still provide a "nil" report. The data must be submitted on a quarterly basis to the Standing Offer Authority. The quarterly reporting periods are defined as follows: 1st quarter: April 1 to June 30; 2nd quarter: July 1 to September 30; 3rd quarter: October 1 to December 31; 4th quarter: January 1 to March 31. The data must be submitted to the Standing Offer Authority no later than thirty (30) calendar days after the end of the reporting period. 7.4 Term of Standing Offer 7.4.1 Period of the Standing Offer The period for making call-ups against the Standing Offer is from date of issue to 31 December 2016. 7.4.2 Extension of Standing Offer If the Standing Offer is authorized for use beyond the initial period, the Offeror offers to extend its offer for two (2) additional one-year periods, from to under the same conditions and at the rates or prices specified in the Standing Offer, or at the rates or prices calculated in accordance with the formula specified in the Standing Offer. The Offeror will be advised of the decision to authorize the use of the Standing Offer for an extended period by the Standing Offer Authority thirty (30) days before the expiry date of the Standing Offer. A revision to the Standing Offer will be issued by the Standing Offer Authority. 7.5. Authorities 7.5.1 Standing Offer Authority The Standing Offer Authority is: Name: Margaret Twomey Title: Supply Specialist Public Works and Government Services Canada Acquisitions Branch Page 13 of - de 38
Directorate: Western Region Address: #1650, 635 8 Ave. SW Calgary, AB T2P 3M3 Telephone: 403-292-4450 Facsimile: 403-292-5786 E-mail address: Margaret.twomey@pwgsc-tpsgc.gc.ca The Standing Offer Authority is responsible for the establishment of the Standing Offer, its administration and its revision, if applicable. Upon the making of a call-up, as Contracting Authority, he is responsible for any contractual issues relating to individual call-ups made against the Standing Offer by any Identified User. 7.5.2 Project Authority The Project Authority for the Standing Offer is identified in the call-up against the Standing Offer. The Project Authority is the representative of the department or agency for whom the Work will be carried out pursuant to a call-up against the Standing Offer and is responsible for all the technical content of the Work under the resulting Contract. 7.5.3 Offeror's Representative Name: Title: Company: Address: Telephone: Facsimile: E-mail: 7.6 Proactive Disclosure of Contracts with Former Public Servants By providing information on its status, with respect to being a former public servant in receipt of a Public Service Superannuation Act (PSSA) pension, the Contractor has agreed that this information will be reported on departmental websites as part of the published proactive disclosure reports, in accordance with Contracting Policy Notice: 2012-2 of the Treasury Board Secretariat of Canada 7.7 Identified Users The Identified User authorized to make call-ups against the Standing Offer is: Agriculture and Agri-Foods Canada. 7.8 Call-up Instrument The Work will be authorized or confirmed by the Identified User(s) using form. PWGSC-TPSGC 942, Callup Against a Standing Offer). 7.9 Limitation of Call-ups Individual call-ups against the Standing Offer must not exceed $200,000.00 (Applicable Taxes included). Page 14 of - de 38
7.10 Priority of Documents If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list. a) the call up against the Standing Offer, including any annexes; b) the articles of the Standing Offer; c) the general conditions 2005 (2015-07-03), General Conditions - Standing Offers - Goods or Services d) the supplemental general conditions 4007 (2010-08-16) Canada to Own Intellectual Property Rights in Foreground Information e) the general conditions 2010B (2015-07-03), Professional Services ( Medium Complexity) f) Annex A, Statement of Work g) Annex B, Basis of Payment; h) Annex C, Security Requirements Check List; i) Annex D ; Mandatory Technical Evaluation j) Annex E Standing Offer Periodic Usage Report k) the Offeror's offer dated (insert date of offer), (if the offer was clarified or amended, insert at the time of issuance of the offer: as clarified on or as amended on and insert date(s) of clarification(s) or amendment(s) if applicable). 7.11 Certifications 7.11.1 Compliance The continuous compliance with the certifications provided by the Offeror with its offer and the ongoing cooperation in providing associated information are conditions of issuance of the Standing Offer (SO). Certifications are subject to verification by Canada during the entire period of the SO and of any resulting contract that would continue beyond the period of the SO. If the Offeror does not comply with any certification, fails to provide the associated information, or if it is determined that any certification made by the Offeror in its offer is untrue, whether made knowingly or unknowingly, Canada has the right to terminate any resulting contract for default and set aside the Standing Offer. 7.11.2 SACC Manual Clauses M3020C Status and Availability of Resources (2010-01-11) M3060C Canadian Content Certification (2008-05-12) 7.12 Applicable Laws The Standing Offer and any contract resulting from the Standing Offer must be interpreted and governed, and the relations between the parties determined, by the laws in force in Alberta. B. RESULTING CONTRACT CLAUSES The following clauses and conditions apply to and form part of any contract resulting from a call-up against the Standing Offer. 7.1 Statement of Work The Contractor must perform the Work described in the call-up against the Standing Offer. Page 15 of - de 38
7.2 Standard Clauses and Conditions 7.2.1 General Conditions 2010B (2015-07-03), General Conditions - Professional Services (Medium Complexity) apply to and form part of the Contract. Section 15, Interest on Overdue Accounts, of 2010B (2015-07-03) General Conditions Professional Services (Medium complexity) will not apply to payments made by credit cards. 7.2.2 Supplemental General Conditions 4007 (2010-08-16) Canada to Own Intellectual Property Rights in Foreground Information, apply to and form part of the Contract. 7.3 Term of Contract 7.3.1 Period of the Contract The Work must be completed in accordance with the call-up against the Standing Offer. 7.4 Proactive Disclosure of Contracts with Former Public Servants By providing information on its status, with respect to being a former public servant in receipt of a Public Service Superannuation Act (PSSA) pension, the Contractor has agreed that this information will be reported on departmental websites as part of the published proactive disclosure reports, in accordance with Contracting Policy Notice: 2012-2 of the Treasury Board Secretariat of Canada 7.5 Payment 7.5.1 Basis of Payment Firm Hourly Rates The Contractor will be paid firm hourly rates for work performed in accordance with the Contract (Annex B). Customs duties are included and Applicable Taxes are extra. Travel and Living Expenses (if applicable) The Contractor will be reimbursed for the authorized travel and living expenses reasonably and properly incurred in the performance of the Work, at cost, without any allowance for overhead or profit, in accordance with the meal, private vehicle and incidental expense allowances specified in Appendices B, C and D of the Treasury Board Travel Directive, and with the other provisions of the directive referring to "travellers", rather than those referring to "employees". All travel must have the prior authorization of the Project Authority. All payments are subject to government audit. Other Direct Expenses The Contractor will be reimbursed for the direct expenses reasonably and properly incurred in the performance of the Work. These expenses will be paid at actual cost without mark-up, upon submission of an itemized statement supported by receipt vouchers. Page 16 of - de 38
Option to Extend the Contract During the extended period of the Contract, the Contractor will be paid negotiated hourly rates (based on CPI) to perform all the Work in relation to the contract extension. 7.5.2 Monthly Payment H1008C Monthly Payment (2008-05-12) 7.5.3 SACC Manual Clauses A9117C T1204 Direct Request by Customer Department (2007-11-30) C2000C Taxes Foreign-based Contractor (2007-11-30) 7.5.4 Payment by Credit Card The following credit cards are accepted: and. 7.6 Invoicing Instructions 1. The Contractor must submit invoices in accordance with the section entitled "Invoice Submission" of the general conditions. Invoices cannot be submitted until all work identified in the invoice is completed. Each invoice must be supported by: a. a copy of time sheets to support the time claimed; b. a copy of the release document and any other documents as specified in the Contract; c. a copy of the invoices, receipts, vouchers for all direct expenses, and all travel and living expenses; 2. Invoices must be distributed as follows: a. The original and one (1) copy must be forwarded to the address shown on page 1 of the Contract for certification and payment. b. one (1) copy must be forwarded to the consignee. 3. INVOICING: All invoices must be sent via email to the designated AAFC file Manager, with copies to the Patent Manager and a designated assistant. All Invoices must contain the following information: - Call up Against Standing Offer # - Hourly rate and number of Hours charged - Administration and Official Fees - Application Number - Title of technology - Jurisdiction - AAFC reference number - Agent reference number - First named inventor - A brief description of all the activities undertaken by country Receipts for all Official Fees paid on the Crown's behalf are required for reimbursement Page 17 of - de 38
Invoices MUST BE issued at the end of each month that services are delivered. 7.7 Insurance SACC Manual clause G1005C (2008-05-12) Insurance Page 18 of - de 38
ANNEX "A" STATEMENT OF WORK BACKGROUND: Scientists within Agriculture & Agri-Food Canada (AAFC) often discover novel and useful innovations that require a commercial partner to bring the technology to market. In order to stimulate business investment in innovation and meet the needs of Canadians with products and / or services, the commercial entity may require a competitive advantage, which in some situations is best attained through a patent. The numbers of patent filings are based upon the number of new invention disclosures received and the Government s Science and Technology Strategy encourages Government to work with Small to Medium Entities and other entities to enhance innovation in Canada. AAFC files patents on approximately 1 to 5 new inventions per year, conducts patentability and freedom to operate assessments on approximately 2 inventions per year and undertakes other actions related to Intellectual Property (IP) protection strategies. The development and protection of IP is done on a case by case basis and because AAFC Scientist will always discover new inventions, AAFC will continue to protect them through patents. OBJECTIVE: AAFC requires Senior Patent Agents (SPA) and Junior Patent Agents (JPA) to provide services related to the protection of IP in the following Patent Categories: 1. Molecular Technologies and Biological Control 2. Plant Patents & Plant Related Technologies 3. Processing & Related Product Patents & Equipment 4 Animal Health and Well Being Patent filings will be primarily made in the ed States of America and Canada; patents may be filed in both PCT countries and non-pct countries. SCOPE OF WORK: 1. The Contractor will perform the following Tasks when required:.1 FREEDOM TO OPERATE ASSESSMENTS including but not limited to: a) Interviewing inventors and other AAFC personnel b) Conducting patent or trademark searches c) Providing intellectual property protection opinions, advice and strategies with respect to dealing with external patents (issued or published) that may conflict with AAFC patents..2 PATENTABILITY ASSESSEMENTS including but not limited to: a) Interviewing inventors and other AAFC personnel b) Conducting patent or trademark searches c) Conducting prior art searches.3 FILING & PROSECUTING PATENT APPLICATIONS including but not limited to: Page 19 of - de 38
a) Interviewing inventors and other AAFC personnel b) Conducting patent or trademark searches c) Conducting prior art searches d) Drafting and filing patent documents: i. provisional applications ii. regular patent applications iii. continuation-in-part, continuations, divisionals, etc iv. Patent Cooperation Treaty (PCT) and foreign applications v. Filing, transmittal, assignment, power of attorney documents e) Submitting documents to patent offices and foreign associates in Canada and in foreign jurisdictions. (Documents must be submitted one (1) week prior to deadline date received from the Patent Office) f) Receiving, reviewing and responding to correspondence with patent offices and foreign associates. (All Correspondence must be sent within five (5) working days of receipt via email to the AAFC File Manager, with a copy to the Patent Manager and designated assistant) g) Maintaining records of due dates for all patent applications under their development (Records of due dates must be send via email to the designated AAFC File Manager, with copies to the Patent Manager and a designated assistant) h) When requested, providing estimated costs and forecasts for actions related to patent files that are managed by the Contractor. i) Executing ensuing patent prosecution up to the date of patent issuance 2. The Contractor may be required to provide advice on:.1 IP protection strategies and trademarks.2 General IP protection not related to specific AAFC patents as required by AAFC's Office of Intellectual Property..3 IP protection opinions and strategies with respect to actions taken against AAFC patents 3. The Contractor may be required to make determinations of inventorship and advise AAFC on inventorship issues. 4. The Contractor may be required to make presentations to AAFC staff on IP topics. 5. For each Patent pursued, the Contractor will prepare a QUARTERLY REPORT in excel format for each of the following periods: Quarter 1 - April 1 to June 30 Quarter 2 - July 1 to September 30 Quarter 3 - October 1 to December 31 Quarter 4 - January 1 to March 31 The Reports must contain the following information: a) Title of patent or application b) Country or Region c) Application number d) Contractor's file reference number e) AAFC s file reference f) Estimated Costs for the (April - March) including anticipated office action responses, filing fees, issue fees, reporting costs Page 20 of - de 38
g) Annuity fee due date The Reports will be due no less than one (1) month prior to the start date of each quarter and submitted to Patent Manager via email. 6. On all correspondence on individual patent files provided to AAFC, the contractor must include the following information: a) Application number b) title of technology c) jurisdiction d) AAFC reference number e) Agent reference number f) first named inventor Correspondence will sent via email to the AAFC File Manager, with copies to the Patent Manager and a designated assistant 7. The Contractor will provide deliverables specific to individual Call-ups which may include but are not limited to: a) Reports on: i. searches ii. patentability and freedom to operate assessments iii. opinions iv. strategies b) Copies of patent applications, original records of patent filings, correspondence from patent offices, responses to office actions, letters of patents and all other related correspondence. The Contractor will be responsible for the timely handling and filing of submissions to the patent offices and must notify AAFC File Manager / Patent Manager of relevant deadlines. If it is determined that a delay or lack of action which resulted in additional costs or late fees was the fault of the Contractor, then the Contractor shall be responsible for payment of these fees. Repeated late fees incurred due to the contractor's delay or lack of action may be considered grounds for termination of the contract. The majority of services must be provided by a Senior Patent Agent. A Junior Patent Agent may perform the services provided that 20% of their time is under the direct supervision of a Senior Patent Agent. Throughout the Standing Offer and active Call-up period, the successful firm must continue to demonstrate that its Senior and Junior Patent Agents meet the mandatory criteria. CONTRACTOR RESPONSIBILITIES: The prosecuting patent agent will be responsible for paying all fees up to the date of issuance of the patent (including the issue fee), unless AAFC specifically advises otherwise in writing. REPORTING AND COMMUNICATIONS: The contractor will be responsible to communicate with AAFC's Commercialization Officers, inventors, associated patent agents in other countries, patent agents working on behalf of parties which have licensed AAFC patents and Justice Canada to perform the work described herein. Page 21 of - de 38
LANGUAGE REQUIREMENTS: Patent preparation and communication with the inventors may be required in either of Canada's official languages (English or French) as requested by the AAFC File Manager. Work will be performed and dealings with federal public servants and inventors will be in the official language of their choice. Page 22 of - de 38
ANNEX "B" BASIS OF PAYMENT GST/HST is to be excluded from the prices stated herein Applicable taxes are to be shown as a separate item on invoices. A. YEAR ONE: FROM DATE OF ISSUANCE TO 31 DECEMBER, 2016 Category # 1 Molecular Technologies and Biological Control 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 2 - Plant Patents & Plant Related Technologies 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 Page 23 of - de 38
2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 3 - Processing & Related Product Patents & Equipment 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 4 - Animal Health and Well Being 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 Page 24 of - de 38
2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 B. YEAR TWO: FROM JANUARY 1, 2017 TO DECEMBER 31, 2017 Category # 1 Molecular Technologies and Biological Control 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 2 - Plant Patents & Plant Related Technologies 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 Page 25 of - de 38
2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 3 - Processing & Related Product Patents & Equipment 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 4 - Animal Health and Well Being 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 Page 26 of - de 38
2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 C. OPTION YEAR ONE: FROM JANUARY 1, 2018 TO DECEMBER 31, 2018 Category # 1 Molecular Technologies and Biological Control 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 2 - Plant Patents & Plant Related Technologies 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 Page 27 of - de 38
2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 3 - Processing & Related Product Patents & Equipment 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 4 - Animal Health and Well Being 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: Page 28 of - de 38
s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 D. OPTION YEAR TWO: FROM JANUARY 1, 2019 TO DECEMBER 31, 2019 Category # 1 Molecular Technologies and Biological Control 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 2 - Plant Patents & Plant Related Technologies 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: Page 29 of - de 38
s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 3 - Processing & Related Product Patents & Equipment 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Category # 4 - Animal Health and Well Being 1. LABOUR RATES: prices offered must be exclusive of all direct charges and applicable taxes. s (A) Senior Patent Agent Hour 500 Junior Patent Agent Hour 150 Clerical Assistant Hour 30 Price Offered (B) T1 2. REMINDER FEES: s (A) Price Offered (B) Reminder Fee Charge Each 10 T2 Page 30 of - de 38
NOTE: s (A) are for evaluation purposes only and will not form part of any resultant Contract. 3. DIRECT CHARGES: a) Reimbursement for costs necessarily and reasonably incurred by the Contractor in the execution of the work limited to the following categories: - Administration Fees - includes but is not limited to office supplies, photocopying, Long Distance charges and Distribution costs - Official Fees - includes Patent office Fees such as filing and examination fees, maintenance fees prior to issuance, issuance fees and foreign associate fees which are paid on the Crown's behalf b) All Direct Charges will be reimbursed at actual cost without markup c) Receipts for all Official Fees paid on the Crown's behalf are required for reimbursement 4. Contract Extension and Resultant Contract Labour Rates As the timeline for a patent to issue in all countries from the initial evaluation can easily be greater than eight years, the Extension Year Rates and Resultant Contract Rates will be established as detailed below:.1 Extension Year Rates The Contracting Authority will negotiate Extension Year Labour Rates with the Offeror 30 days, prior to the expiry date of the Call-up Contract. The negotiated Extension Year Labour Rates will be in no event to exceed the consumer price index as determined at time the Contracting Authority extends the Call-up contract. The last Labour Rates will be the interim Labour Rates until the new Labour Rates are negotiated..2 Resultant Contract Rates Where resultant Call-up contracts will be extended beyond the expiry date of the Standing Offer, the Contracting Authority will negotiate new Labour Rates with the Contractor each year by the anniversary date of the call-up contract. These yearly negotiated Labour Rates will in no event exceed the consumer price index of the year in which the negotiations take place. If, by the anniversary date of the call-up contract, negotiations have not been successful, the consumer price index last published before the anniversary date of the call-up contract will be used to establish the maximum Labour Rate for the following year. Page 31 of - de 38
ANNEX "C" SECURITY REQUIREMENTS CHECK LIST Attached As PDF Page 32 of - de 38
ANNEX D MANDATORY TECHNICAL EVALUATION THE FIRM MUST MEET THE FOLLOWING MANDATORY CRITERIA: 1. The firm must demonstrate it has the ability to offer services in both official languages either through bilingual patent agents on staff or through contracted translators at no additional charge to Canada. 2. The firm must provide evidence it has prosecuted at least two (2) patent families in which a patent has been issued in at least one (1) country outside of North America in the past five (5) years. A 'patent family' is defined as a set of patents that are linked by a common priority priority date document and These can be of any subject matter but must represent patents issues within the last 1-2 years. Page 33 of - de 38
PROPOSALS for Category # 1 - Molecular Technologies and Biological Control THE FOLLOWING CRITERIA MUST BE MET: 1. PATENT AGENT, EDUCATION AND EXPERIENCE: The Proposal must include the names of two (2) patent agents who collectively meet all the following qualifications. One (1) Agent must be at the Senior Level If more than two (2) agents are provided, only the first two (2) will be evaluated. a) Both must be registered patent agents in Canada. b) A Senior Patent Agent must have a minimum of five (5) years experience drafting and prosecuting patent applications worldwide and is registered to practice with Canadian Intellectual Property Office (CIPO) and the US Patent Trademark Office for a minimum of five (5) years. c) A Junior Patent Agent must have a minimum of two (2) years experience drafting and prosecuting patent applications. 2. SCIENTIFIC EDUCTION AND EXPERIENCE: Between the two (2) patent agents offered, they must meet two (2) of the three (3) criteria: a) Education - Bachelor of Science Degree in Microbiology, Biology, Molecular Biology, Cell Biology, Biochemistry, or Plant Genetics b) Post graduate degree in one (1) of the above areas c) Two (2) or more years research work experience - post-doctoral or other research experience 3. REFERENCE PROJECTS a) The two (2) Patent Agents must demonstrate they have each filed and successfully prosecuted two (2) patents, which have been issued in Canada and the ed States, that are similar in nature to the patents presented in this category. They must indicate how these patents are similar. b) The two (2) Patent Agents must demonstrate they have collectively filed and successfully prosecuted patents in five (5) other countries outside of Canada and the ed States. Page 34 of - de 38
PROPOSALS for Category # 2 - Plant Patents & Plant Related Technologies THE FOLLOWING CRITERIA MUST BE MET: 1. PATENT AGENT, EDUCATION AND EXPERIENCE: The Proposal must include the names of two (2) patent agents who collectively meet all the following qualifications. One (1) Agent must be at the Senior Level. If more than two (2) agents are provided for this category, only the first two (2) will be evaluated. a) Both must be registered patent agents in Canada. b) A Senior Patent Agent must have a minimum of five (5) years experience drafting and prosecuting patent applications worldwide and is registered to practice with Canadian Intellectual Property Office (CIPO) and the US Patent Trademark Office for a minimum of five (5) years. c) A Junior Patent Agent must have a minimum of two (2) years experience drafting and prosecuting patent applications. 2. SCIENTIFIC EDUCATION AND EXPERIENCE: Between the two (2) patent agents offered, they must meet two (2) of the three (3) criteria: a) Education - Bachelor of Science Degree in Crop Science, Plant Biology, Plant Science, or Botany; b) Post graduate degree in one (1) of the above areas; c) Two (2) or more years research work experience - post-doctoral or other research experience 3. REFERENCE PROJECTS: a) The two (2) Patent Agents must demonstrate they have each filed and successfully prosecuted two (2) patents, which have been issued in Canada and the ed States, that are similar in nature to the patents presented in this category. They must indicate how these patents are similar and one (1) of the two (2) examples must be an issued US Plant Patent. b) The two (2) Patent Agents must demonstrate they have collectively filed and successfully prosecuted patents in five (5) other countries outside of Canada and the ed States. Page 35 of - de 38
PROPOSALS for Category # 3 - Processing & Related Product Patents & Equipment THE FOLLOWING CRITERIA MUST BE MET: 1. PATENT AGENT, EDUCATION AND EXPERIENCE: The Proposal must include the names of two (2) patent agents who collectively meet all the following qualifications. One (1) Agent must be at the Senior Level. If more than two (2) agents are provided for this category, only the first two (2) will be evaluated. a) Both must be registered patent agents in Canada. b) A Senior Patent Agent must have a minimum of five (5) years experience drafting and prosecuting patent applications worldwide and is registered to practice with Canadian Intellectual Property Office (CIPO) and the US Patent Trademark Office for a minimum of five (5) years. c) A Junior Patent Agent must have a minimum of two (2) years experience drafting and prosecuting patent applications. 2. SCIENTIFIC EDUCATION AND EXPERIENCE: Between the two (2) patent agents offered, they must meet two (2) of the three (3) criteria: a) Education - Bachelor of Science Degree in Food Chemistry, Chemistry, Natural Products Chemistry, Chemical Engineering or a Bachelor of Engineering Degree in Biomedical, Mechanical, or Chemical; b) Post graduate degree in one (1) of the above areas; c) Two (2) or more years research work experience - post-doctoral or other research experience 3. REFERENCE PROJECTS: a) The two (2) Patent Agents must demonstrate they have each filed and successfully prosecuted two (2) patents, which have been issued in Canada and the ed States, that are similar in nature to the patents presented in this category. They must indicate how these patents are similar. b) The two (2) Patent Agents must demonstrate they have collectively filed and successfully prosecuted patents in five (5) other countries outside of Canada and the ed States. PROPOSALS for Category # 4 - Animal Health and Well Being THE FOLLOWING CRITERIA MUST BE MET: 1. PATENT AGENT, EDUCATION AND EXPERIENCE: The Proposal must include the names of two (2) patent agents who collectively meet all the following qualifications. One (1) Agent must be at the Senior Level. Page 36 of - de 38
If more than two (2) agents are provided for this category, only the first two (2) will be evaluated. a) Both must be registered patent agents in Canada. b) A Senior Patent Agent must have a minimum of five (5) years experience drafting and prosecuting patent applications worldwide and is registered to practice with Canadian Intellectual Property Office (CIPO) and the US Patent Trademark Office for a minimum of five (5) years. c) A Junior Patent Agent must have a minimum of two (2) years experience drafting and prosecuting patent applications. 2. SCIENTIFIC EDUCATION AND EXPERIENCE: Between the two (2) patent agents offered, they must meet two (2) of the three (3) criteria: a) Education - Bachelor of Science Degree in Animal Science, Animal Health, Veterinary Medicine or Animal Welfare, b) Post graduate degree in one (1) of the above areas; c) Two (2) or more years research work experience - post-doctoral or other research experience 3. REFERENCE PROJECTS: a) The two (2) Patent Agents must demonstrate they have each filed and successfully prosecuted two (2) patents, which have been issued in Canada and the ed States, that are similar in nature to the patents presented in this category. They must indicate how these patents are similar. b) The two (2) Patent Agents must demonstrate they have collectively filed and successfully prosecuted patents in five (5) other countries outside of Canada and the ed States. Page 37 of - de 38
ANNEX E STANDING OFFER USAGE REPORT As a requirement of this Request for Standing Offer, a report shall be submitted as follows: Return to: Margaret Twomey (403) 292-5786 margaret.twomey@pwgsc-tpsgc.gc.ca at: Name Fax Email Address Public Works and Government Services Canada Acquisitions Branch Ste. 1650-635 -8th Avenue SW Calgary, Alberta T2P 3M3 STANDING OFFER: 01633-140100/001/CAL SUPPLIER: REPORT FOR THE PERIOD ENDING: REPORT ON THE VOLUME OF BUSINESS of Work Call-up # TOTAL BILLING NIL REPORT: We have not done any business with the federal government for this period. PREPARED BY: NAME: SIGNATURE: TELEPHONE NO.: Page 38 of - de 38
.+. Government of Canada i., ' Gou du Ci.. _~~.. SECURITY REQUIREMENTS CHECK LIST (SRCL) LISTE OE VERIFICATION OES EXIGENCES RELATIVES À LA SÉCURITÉ LVERS) 1. Originalino Government Oepartment or OrganÎzation 1 Ministère ou organisme gouvernemental d'origine AAFC. a) Subcontract Number 1 Numero du contrat de sous.trailancp. NIA 4 Brief OfWort<./ Brève description du travail Paient Agent Services Standing Offer for protection of AAFC intellectual.. 2. Branch or Directorate (O:rectlon générale ou Direction S&T.3. b) Name and Address of Subcontractor 1 Nom et adresse du sous-traitant NIA Property 5. a) Will the sup lier require access to Controlled Goo 7 Le fournisseur aura-t.il accès à des marchandises contrôlées? 5 b) Will the supplter require access 10 unclassltied military technical data subjeci to lhe provisions ofthe Tcchnical Data Control Regulations? Le fournisseur aura.t-il accès à des données techniques militaires non classifiées qui sont assujetties aux dispositions du Ré ternent sur le contrôle des données techni ues? Indlcate the type of access recluired 1 IndIquer le type d'accès requis 6.01 Will the supplier ood ils employee. require access ta PROTECTED andlo' CLASSIFIED Inrannalian or assels? Le fournisseur ainsi que les employés auront-ils accès à des rense:gncmcnts ou à des biens PROTÉGES et/ou CLASSIFIES? (Specify the level ofaccess using the chart in Question 7. c) Préciser le niveau d'accès en utilisant le tableau ui se trouve à la uestion 7. c 6. b) Will the supplier and ils cmproyees (e.g. cleaners, maintenance personnel) require oeeess to restricted 3CCC$S 3reas? No access la PROTECTED and/or CLASSIFIED intormation or assets is permitled. le fournisseur et ses employés (p. ex. neltoyeurs, personnel d'entreticn) auront~i!s accès à des zones d'accès restreintes? L'accès à des rensei nements ou à des biens PROTËGÈS et/ou CLASSIFIËS n'est as autorisé. 6. c) ISo this a commercial courier or delivery requlmment with no overnight storage? S'agit-il d'un contrai de message rio ou de livraison commerciale sans entreposage de nuit? Not releasable A ne pas diffuser Restrlcted 10: 1 Limité à: Specify counlry(les): 1 Préciser le(s) pays: 7. c Le\lel of information 1 Niveau d'informalion PROTECTEDA PROTEGEA PROTECTEDB PROTEGE B PROTECTED C PROTÉGE C CONFIDENTIAL CONFIDENTIEL SECRET SECRET TOP SECRET TRÉS SECRET TOP SECRET (SIGINn TRÉS SECRET (SIGINn D D RestrÎcted uired to access /Jodl NATO/OTAN to: 1 Umité è: Specify country(ie.): 1 Préciser le(s) pays: o NATO UNCLASSIFIED NATO NON CLASSIFIÉ NATO RESTRICTED NATO DIFFUSION RESTREINTE NATO CONFIDENTIAL NATO CONFIDENTIEL NATO SECRET NATO SECRET COSMIC TOP SECRET COSMIC TRÉS SECRET o TBS/SCT 350-103(2004112) Securily Classification 1 Classification de sécurité UlVèL AS.5 WIED o â No release restrictions Aucune restriction relative la diffusion I:ZJ No Nan No Non No Non f\7i No L6J Non Restricted 10: 1 Umitâ à: Specify counlry{ie.); 1 Préciser le(s) pays: PROTECTEDA PROTEGÉA PROTECTEDB PROTÈGÉ B PROTECTEDC PROTEGÉ C CONFIDENTIAL CONFIDENTIEL SECRET SECRET TOP SECRET TRÉS SECRET TOP SECRET (SIGINn TRÉS SECRET SIGINT) o oo o OYes Oui OYes o Oui ~Yes Oui Yos Oui D Canaaa
Governrnent of C,!oada Gouvernement du Canada........ 8. Wililhe supplier requlre acee,s 10 PROTECTEO and/or CLASSIFIEO COMSEC infom,alion or assels? Le fournisseur aura-t.il accès a des renseignements ou ci des biens COMSEC désignés PROTEGÉS euou CLASSlFIE:S? If Yes, indicate the lavel of $ensitivity: Dans l'affirmative. Indiquer le niveau de sensibilité: ~ No OYes Non Oui 9. Will the supplier require access to extromely sensitive INFOSEC information or assels? [;g] No U Yes Le fournisseur aura-t.ii accès à des renseignements ou à des biens INFOSEC de nature extrêmement dellcate? Short Tile(s) of male rial 1 ntre(,) abrégé(s) du malériel : Document Number 1 Numéro du document:.., g, RELIABILITY STATUS CONFIDENTIAL......,... 10. a) Personnel security screentng level required 1 Niveau do ccnlr61e de la sêcurite du personnel requis 0 SECRET 0 0 TOP SECRET - SIGINT 0 NATO CONFIOENTIAL 0 NATO SECRET 0 TOP SECRET COTE DE FIABILITE. - CONFIDENTIEL SECRET TRÈS SECRET COSMIC TOP SECRET TRÈS SECRET - SIGINT NATO CONFIDENTIEL NATO SECRET COSMIC TRËS SECRET 0 SITEAGCESS AGCËs AUX EMPLACEMENTS Special comments: Commentaires speciaux: Non Oui NOTE: If mu:tiple levels of screenlng are îdenlified. a Security ClassifICation Guide must be provided. REMARQUE: Si clusjeurs niveaux de controle de sécurité sont recuis, un ouide de classification de la sécurité doit être fourni. 10. b) May unscreened personneli be used for portions of the work? 'es Du personnel sans autorîsation sécuritaire peut-il se voir confier des parties du travail? ~~I' Non _.;ui If Yes. will unscreened personnel be escorted? Dans l'affirmative. le personnel en question sera-t-il escorté? g~n:.'es )ui '........... INFORMATION 1 ASSETS ( RENSEIGNEMENTS 1 BIENS... 11. a) Will the supplier be required ta recelve and store PROTECTEO andfor CLASSIFIEO information or assets on its site or premises? Le fournisseur sera-hl tenu de recevoir et d'entreposer sur place des renselgnements ou des biens PROTËGËS et/ou CLASSIFIES? ONO Non IZ]Yes Oui 11. b) Wililhe supplier be required ta safeguard COMSEC information or assets? Le fournisseur sera-t-il tenu de protéger des renseignements ou des biens COMSEC? PRODUCTION IZlNO Non OYes Oui 11. c) Win the production (manufacture, andlor repair and/or modificalion) of PROTECTED andlor CLASSIFIED malarial or equipment accur al the supplier's site or premises?. ~o Les installations du fournisseur serviront..clles à ra production (fabrication eveu réparation eucu modification) de matériel PROTEGÉ euou CLASSIFIE? Non ~ 'es 1ui INFORMATION TECHNOLOGY (IT) MEDIA 1 SUPPORT RELATIF A LA TECHNOLOGIE DE L'INFORMATION (TI) 11. d) W~I the supplier be required to use ils ITsystems la electronicany process, produce or store PROTECTEO andlor CLASSIFIED ONO information or data? [ZlYes Non Oui Le foumisseur sera.t-il tenu d'utilissr ses propres syslèmes infoltnatiques pour traiter, prcduire ou stocker électroniquement des renseignements Oudes donnees PROTÉGËS et/ou CLASSIFIËS? 11. e) Wifllhecc ba an electronh:: Iink bet\veen lhe supplier's IT systems and lhe go\iemment department or agency? [ZlNO OYes Disposera.t.on d'un lien électronique entre le système infonn~tique du foumlsseur et celui du ministère ou de l'agence Non Oui gouvernementale? TBs/seT 35(}'103(2004112) Canada
;'Government of Canada Gouvernement du Canada L Contracl Number 1 Numéro du contral For users c;omp~cting the form manually use tho summary chmt below la indicate the calegory{ies) and level{s) of safeguarding required al the supptier"s sile(s) or premises. Les utilisateurs qui remplissent le formulaire manuellement doivent util1ser le tableau récapitulatif ci. dessous pour Indiquer, pour chaque catégo(e, les niveaux de sauvegarde requis aux installations du fournisseur. For users completing the fcem online (via the Internet). the summary ehart is automatically populated by YOUf responses to previous questions. Dans le cas des utilisateurs qui remplissent le formulaire en ligne (par Internet), les répon!;es aux questions précédentes sont automatiquement :5aisies dans le tableau récapitulatif. SUMMARY CHART 1 TABLEAU RÉCAPITULATIF C3\egllry PROTEC1EO CLASSIFJEO NATO COMSEC CQI~9criC! PROTEGE CLASSIFIE ~--"""m 1 F.""iu~."n" lb, F'C:Ju:tlUll TOF ~ATO NATO NAro eos'~lc PROTECrEO Tep A B C C:>~F10eNTIA:.. SECFl!OT SEc~=T RES,RICTEO CQ~F;rn:"'I"l SE:RET To' PROTeGË CONF,O~~t. SeCfiET SECRET SECAET CONFIDENTIEl.. TRi:S ;IIATO NATO COSMIC A B C CO,,"f'OENT!EL TfiES SECFl;:T DIFFUSION CO,.FIOE~mEt. TRès SECRET RESllU:.IN'rE SECRET ITMedj,] 1 Sunnort TI IfUnk 1-0- ll<tn &l~ctro"'1icu8 1 D 0 0 12. a) 15the description of th. work conlained within this SRCL PROTECTED andlor CLASSIFIED? L. description du lravail visè par la présente LVERS est-elle de nature PROTËGÈE evou CLASSIFIÉE? If Yes, ctassity this form by annotating the top and bottom in the area enlitled "Securlty Classl1lcatlon". Dans Pafflrmativé, classifier le présont formulaire en Indiquant le niveau de sécurité dans la case intitulée «( Classification de sécurité» au haut et au bas du formulaire. 12. b) Will the documentation allaehed to thi. SRCL be PROTECTED and/or CLASSIFIED? La documentation associée à la présente LVERS sera-t-elle PROTÉGÉ'" euou CLASSIFIÉE? IfYes, classify thls form by annolating the top and bottom ln the arca entitled "Securily Classification" and Indicate with attachmenls (e.g. SECRET wilh AUachmenls). Dans l'affirmative, classifier le présent formulaire en indlquanlle niveau de sécurité dans la case IntitUlée (cclassification de sécurité» au haut et au bas du formulaire et Indiquer qu'il y a des pièces jointes (p. ex. SECRET avec des pièces Jointes). 1'71No l.6jnon 1'71No ~Non O Yes Oui O Yes Oui TeS/SCT 350-103(2004/12) Canada
.+. GovArr.ment of Canada GOlJ\lernement djcanada 13. OrgDi1iUbOIi Prc,eetAuthcrlty IChafge do protot CIo l'organisme llrne(prin!) - N(lm (en loltrcg moul6o:o) Titlo -lil.ro 3rren Ramlal Rl~k Mal1ager E'1T'lliiaddtol!J. AdruJo al Jo;,. -i Paul Lepinski Agent à la Securite des contrats 1 (ontrac! Security Officer Secteur de la Sécurité industrielle. TPSGC 1 Industnal SecUrity Sector, PWGSC Paul.I.epi 115 ki(~t psy"- PlV,qsc.gc. m Téléphone: 613 957~1294 Sl~~ Cot. /5<JUL- 20JS' TBSfSCT 35'J-103(2oo4/1:2) Canad'a