Ministry of Management Services Request for Proposal for a Strategy on Alternative Service Delivery for Information Technology and Related Business Processes For the Government of British Columbia Request for Proposal No. 133421 Issue date: November 8, 2002 Closing location: COURIER/BY HAND: Purchasing Commission 3350 Douglas Street, Suite 102 Victoria, B.C. V8Z 7X9 Attention: Mike Kishimoto Closing date and time: 8 complete copies of each proposal must be received by 2:00 PM Pacific Time on December 4, 2002 Date and location of Proponents’ meeting: 9:00 AM to Noon November 15, 2002 Purchasing Commission 3350 Douglas Street, Suite 102. Victoria, B.C. V8Z 7X9 Attendance at the Proponents’ meeting is not mandatory Contact person: Mike Kishimoto Manager, Purchasing Services Branch Fax number (250) 387-7309 Table of Contents 1. SUMMARY OF THE REQUIREMENT .......................................................... 3 2. REQUEST FOR PROPOSAL TERMINOLOGY .............................................. 4 3. REQUEST FOR PROPOSAL PROCESS ..................................................... 4 4. PROPOSAL PREPARATION .................................................................... 7 5. ADDITIONAL TERMS ............................................................................. 9 6. OVERVIEW .......................................................................................... 11 7. REQUIREMENTS AND PROJECT SCOPE .................................................. 11 8. EVALUATION CRITERIA ......................................................................... 15 9. PROPOSAL FORMAT ............................................................................. 18 APPENDIX A PROPOSAL COVERING LETTER ................................................... 19 APPENDIX B FORM OF CONTRACT ................................................................. 20 APPENDIX C RECEIPT CONFIRMATION FORM .................................................. 23 2 Executive Summary 1. Summary of the Requirement The Ministry of Management Services, Ministry of Competition, Science and Enterprise and the Office of the Chief Information Officer, on behalf of the Government of British Columbia, are issuing a Request for Proposals for a Strategy on Alternative Service Delivery in Information Technology and Related Business Processes (Strategy) for the Government of British Columbia. The document entitled the Government of British Columbia Strategic Plan outlines government’s commitment to transformation of government to achieve a focus on the delivery of core services within a balanced budget by fiscal year 2004/05. The New Era commitments and the Government of British Columbia Strategic Plan contain underlying themes that government will be transformed in an innovative, enterprising, results oriented, and accountable manner and that British Columbia will be a technology leader. The purpose of this Request for Proposals is to engage a firm to develop the Strategy and implementation plan for alternative service delivery (ASD) of the government's information technology and telecommunications services and related business processes. The Strategy must embody the best practices in outsourcing in the public sector and private sector. The successful firm must be experienced in the provision of public and private sector information technology and telecommunications ASD and outsourcing advisory services and has the capacity to apply best practices to the British Columbia public sector. The Strategy will be utilized as the basis for recommendations to government regarding ASD and outsourcing of provincial information technology services, telecommunications and related business processes. 3 Administrative Requirements The following terms will apply to this Request for Proposal and to any subsequent Contract. Submission of a proposal in response to this Request for Proposal indicates acceptance of all the following terms. 2. Request for Proposal Terminology Throughout this Request for Proposal, terminology is used as follows: a) “Contract” means the written agreement resulting from this Request for Proposal executed by the Province and the Contractor; b) “Contractor” means the successful Proponent to this Request for Proposal who enters into a written Contract with the Province; c) “Ministry” means Ministry of Management Services; d) “must”, or “mandatory” means a requirement that must be met in order for a proposal to receive consideration; e) “Proponent” means an individual or a company that submits, or intends to submit, a proposal in response to this “Request for Proposal”; f) “Province” means Her Majesty the Queen in Right of the Province of British Columbia and includes the Purchasing Commission and the Ministry; g) “Purchasing Commission” means the Purchasing Commission pursuant to the Purchasing Commission Act, RSBC 1996, Chapter 392; h) “should” or “desirable” means a requirement having a significant degree of importance to the objectives of the Request for Proposal; and i) “Strategy” means the Information Technology Outsourcing Strategy as identified in this Request for Proposal. 3. Request for Proposal Process 3.1 Receipt Confirmation Form Proponents are advised to fill out and return the attached Receipt Confirmation Form. All subsequent information regarding this Request for Proposal, including changes made to this document, will be directed only to those Proponents who return the form. Subsequent information will be distributed by the method authorized on the Receipt Confirmation Form. 4 3.2 Enquiries All enquiries related to this Request for Proposal are to be directed, in writing, to the following person. Information obtained from any other source is not official and should not be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the Province’s option. Questions received after the Proponent’s meeting will be answered if time permits. COURIER/BY HAND: Purchasing Commission 3350 Douglas Street, Suite 102. Victoria, B.C. V8Z 7X9 Attention: Mike Kishimoto Fax: Email: (250) 387-7309 [email protected] Proponents’ Meeting A Proponents’ meeting will be held at the time and in the location specified on the front page of this Request for Proposal. A transcript or minutes of the meeting will be distributed to those Proponents who have returned the Receipt Confirmation Form. Attendance is optional. Oral questions will be allowed at the Proponents’ meeting. However, questions of a complex nature, or questions where the Proponent requires anonymity, should be forwarded in writing, prior to the meeting, to the person designated above. 3.3 Closing Date 8 complete copies of each proposal must be received by 2:00 Time, on December 4, 2002 at: PM, Pacific COURIER/BY HAND: Purchasing Commission 3350 Douglas Street, Suite 102. Victoria, B.C. V8Z 7X9 Attention: Mike Kishimoto Proposals must not be sent by facsimile. Proposals and their envelopes should be clearly marked with the name and address of the Proponent, the Request for Proposal number, and the project or program title. 3.4 Late Proposals Late proposals will not be accepted and will be returned to the Proponent. 5 3.5 Eligibility and conflict of interest a) Proposals will not be evaluated if the Proponent’s current or past corporate or other interests may, in the Province’s opinion, give rise to a conflict of interest in connection with this project. b) Proposals from not-for-profit agencies will be evaluated against the same criteria as those received from any other Proponents. c) In order to ensure that a conflict of interest is not directly or indirectly supported, the successful Proponent on this Request for Proposal will automatically be disqualified from participating in any future Government of British Columbia contracts for any specific IT and business process outsourcing opportunities included in the Strategy for a period of five years. This restriction applies to the Proponent’s firm and any principals participating as project team members, whether they are engaged by that firm or not. However, the successful Proponent may be asked to enter into supplemental agreements with the Province for project management work to support implementation of the Strategy (excluding the outsourcing opportunities themselves). 3.6 Evaluation Committee Evaluation of proposals will be by a committee formed by the Province and may include employees or contractors of the Province. 3.7 Evaluation and Selection The evaluation committee will check proposals against the mandatory criteria. Proposals not meeting all mandatory criteria will be rejected without further consideration. Proposals that do meet all the mandatory criteria will then be assessed and scored against the desirable criteria. The Province’s intent is to enter into a Contract with the Proponent who has the highest overall ranking. 3.8 Negotiation Delay If a written Contract cannot be negotiated within thirty days of notification of the successful Proponent, the Province may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Proponents. 3.9 Debriefing At the conclusion of the Request for Proposal process, all Proponents will be notified. Unsuccessful Proponents may request a debriefing meeting with the Province. 6 3.10 Estimated Time-Frames The following timetable outlines the anticipated schedule for the Request for Proposal and contract process. The timing and the sequence of events resulting from this Request for Proposal may vary and shall ultimately be determined by the Province. Event Anticipated Date Request for Proposal is issued Proponents’ meeting is held Request for Proposal closes Proposal evaluation completed Contract is signed Service delivery starts November 8, 2002 November 15, 2002 December 4, 2002 December 15, 2002 December 31, 2002 January 2, 2003 4. Proposal Preparation 4. Signed Proposals The proposal must be signed by a person authorized to sign on behalf of the Proponent and to bind the Proponent to statements made in response to this Request for Proposal. The Proponent should ensure its proposal includes a letter or statement(s) substantially similar in content to the sample Proposal Covering Letter provided in Appendix A. 4.2 Alternative Solutions If alternative solutions are offered, please submit the information in the same format, as a separate proposal. 4.3 Irrevocability of Proposals By submission of a clear and detailed written notice, the Proponent may amend or withdraw its proposal prior to the closing date and time. Upon closing time, all proposals become irrevocable. By submission of a proposal, the Proponent agrees that should its proposal be successful the Proponent will enter into a Contract with the Province. 4.4 Changes to Proposal Wording The Proponent will not change the wording of its proposal after closing and no words or comments will be added to the proposal unless requested by the Province for purposes of clarification. 7 4.5 Working Language of the Province The working language of the Province of British Columbia is English and all responses to this Request for Proposal must be in English. 4.6 Proponents’ Expenses Proponents are solely responsible for their own expenses in preparing a proposal and for subsequent negotiations with the Province, if any. If the Province elects to reject all proposals, the Province will not be liable to any Proponent for any claims, whether for costs or damages incurred by the Proponent in preparing the proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 4.7 Limitation of Damages Further to the preceding paragraph, the Proponent, by submitting a proposal, agrees that it will not claim damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Proponent in preparing its proposal and the Proponent, by submitting a proposal, waives any claim for loss of profits if no agreement is made with the Proponent. 4.8 Proposal Validity Proposals will be open for acceptance for at least 90 days after the closing date. 4.9 Firm Pricing Prices will be firm for the entire Contract period unless this Request for Proposal specifically states otherwise. 4.10 Currency and Taxes Prices quoted are to be: a) in Canadian dollars; b) inclusive of duty, where applicable; c) FOB destination, delivery charges included where applicable; and d) exclusive of Goods and Services Tax and Provincial Sales Tax. 4.11 Completeness of Proposal By submission of a proposal the Proponent warrants that, if this Request for Proposal is to design, create or provide a system or manage a program, all components required to run the system or manage the program have been identified in the proposal or will be provided by the Contractor at no charge. 8 5. Additional Terms 5.1 Sub-Contracting a) Using a sub-contractor (who should be clearly identified in the proposal) is acceptable. This includes a joint submission by two Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful performance of the contract and this should be clearly defined in the proposal. b) Sub-contracting to any firm or individual whose current or past corporate or other interests may, in the Province’s opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Request for Proposal. c) Where applicable, the names of approved sub-contractors listed in the proposal will be included in the Contract. No additional subcontractors will be added, nor other changes made, to this list in the Contract without the written consent of the Province. 5.2 Acceptance of Proposals a) This Request for Proposal should not be construed as an agreement to purchase goods or services. The Province is not bound to enter into a Contract with the Proponent who submits the lowest priced proposal or with any Proponent. Proposals will be assessed in light of the evaluation criteria. The Province will be under no obligation to receive further information, whether written or oral, from any Proponent. b) Neither acceptance of a proposal nor execution of a Contract will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statute, regulation or by-law. 5.3 Definition of Contract Notice in writing to a Proponent that it has been identified as the successful Proponent and the subsequent full execution of a written Contract will constitute a Contract for the goods or services, and no Proponent will acquire any legal or equitable rights or privileges relative to the goods or services until the occurrence of both such events. 9 5.4 Form of Contract By submission of a proposal, the Proponent agrees that, should it be identified as the successful Proponent, it is willing to enter into a Contract with the Province in accordance with the terms set out in Appendix B. 5.5 Liability for Errors While the Province has used considerable efforts to ensure an accurate representation of information in this Request for Proposal, the information contained in this Request for Proposal is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the Province, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Proponents from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. 5.6 Modification of Terms The Province reserves the right to modify the terms of this Request for Proposal at any time in it sole discretion. This includes the right to cancel this Request for Proposal at any time prior to entering into a Contract with the successful Proponent. 5.7 Ownership of Proposals All documents, including proposals, submitted to the Province become the property of the Province. They will be received and held in confidence by the Province, subject to the provisions of the Freedom of Information and Protection of Privacy Act. 5.8 Use of Request for Proposal This document, or any portion thereof, may not be used for any purpose other than the submission of proposals. 5.9 Confidentiality of Information Information pertaining to the Province obtained by the Proponent as a result of participation in this project is confidential and must not be disclosed without written authorization from the Province. 5.10 Reciprocity The Province may consider and evaluate any proposals from other jurisdictions on the same basis that the government purchasing authorities in those jurisdictions would treat a similar proposal from a British Columbia supplier. 10 Project or Program Requirements 6. Overview The Ministry of Management Services, Ministry of Competition, Science and Enterprise and the Office of the Chief Information Officer, on behalf of the Government of British Columbia, are issuing a Request for Proposals for a Strategy on Alternative Service Delivery in Information Technology and Related Business Processes (Strategy) for the Government of British Columbia. The document entitled the Government of British Columbia Strategic Plan outlines government’s commitment to transformation of government to achieve a focus on the delivery of core services within a balanced budget by fiscal year 2004/05. The New Era commitments and the Government of British Columbia Strategic Plan contain underlying themes that government will be transformed in an innovative, enterprising, results oriented, and accountable manner and that British Columbia will be a technology leader. The purpose of this Request for Proposals is to engage a firm to develop the Strategy and implementation plan for alternative service delivery (ASD) of the government's information technology and telecommunications services and related business processes. Service transformation opportunities exist in two areas: 1) vertical business areas that are unique to ministries; and 2) horizontal support services that are common across government. Vertical areas are ministry programs heavily reliant on information technology and telecommunications infrastructure, such as health care, education, welfare, and justice. Horizontal information technology areas are common "back office" support functions such as networks, servers, workstations, and corporate applications. The Strategy must embody the best practices in outsourcing in the public sector and private sector. The successful firm must be experienced in the provision of public and private sector information technology ASD and outsourcing advisory services and have the capacity to apply best practices to the British Columbia public sector. The Strategy will be utilized as the basis for recommendations to government regarding ASD and outsourcing of provincial information technology services, telecommunications and related business processes. 11 7. Requirements and Project Scope 7.1 Project Scope and Time-Frames Scope: The Strategy will provide the framework for government's ASD for information technology services, telecommunications and related business processes to achieve a more effective delivery of services at a lower cost. The purpose of ASD and outsourcing is to focus government attention on its core mandate, promote economic development and enable citizens and businesses to realize the benefits associated with private sector supply of services in a competitive market. As well, ASD and outsourcing should provide government with greater opportunities for innovation, greater choice and cost reduction or containment. The issues the Strategy will address are: Reduce the need for significant capital investment to replace old outmoded technology, when there is limited government funds; Duplication of effort and lack of expertise in outsourcing across ministries; Lack of common information technology platforms and data linkages across government programs which could be made worse through ad hoc outsourcing. Changes are required to provide better service to clients (e.g. transfer of health records between hospitals in different cities) and better cross-government management information (e.g. managing health care needs for income assistance recipients); Need for integrated services across ministries to better meet citizen needs (e.g. ranges from dealing with land use permits across ministries to replacing identification in a lost wallet); Need to leverage government outsourcing into packages with larger volumes of work in order to take advantage of economies of scale (e.g. greater volume can reduce per unit costs); and Outsourcing work into larger packages to leverage economic development spin-offs (e.g. consolidation of government help desks to obtain a call centre in a specific regional location). The benefits to government from the Strategy will be to: Ensure that outsourcing is undertaken to the benefit of the taxpayer (i.e. is cost effective, maintains/improves service delivery); Ensure that outsourcing opportunities are consolidated across ministries to create economies of scale and enable investment in new technology, both of which will reduce costs to the taxpayer; Provide better service to citizens by providing common IT platforms and by bundling services to focus on the needs of citizens and businesses rather than individual ministry needs; Provide opportunities for British Columbia companies to benefit from outsourcing and ensure that investment and expertise is leveraged from international high technology firms to keep British Columbia at the "leading edge" of information technology development; and 12 Result in a closer working relationship between the private sector and government. The scope of the project will be focussed on government information technology services, telecommunications and business processes and may include expansion to the broader public sector. Timeframe: Project schedule to show completion by March 31, 2003. 7.2 Deliverables: Two core deliverables are required in the project: 1. A Strategy on Alternative Service Delivery in Information Technology and Related Business Processes (Strategy) The Contractor will provide a comprehensive outsourcing strategy for government information technology services, telecommunications and related business processes, including: A comprehensive outsourcing framework, with the following components: a) A Comprehensive Inventory/Assessment of vertical and horizontal information technology services, telecommunications and related business processes currently supported by the Government of British Columbia and an assessment of related outsourcing opportunities. This should include currently outsourced services, current in-house systems and new opportunities. b) Principles and Decision Criteria to establish alternative service delivery and outsourcing priorities and a model to guide outsourcing decisions. c) ASD/Outsourcing Options including which IT and related business processes should be outsourced, bundling or aggregation of various components identified in the Inventory/Assessment, type of outsourcing recommended, and phasing of the component parts. This should also identify benefits that government should be able to capture through the recommended option for outsourcing on a component-by-component and/or bundled basis (per the recommendation). d) Risk Assessment to identify the advantages, challenges and risks that government will face in outsourcing and how these can be managed on a component-by-component and/or bundled basis (per the recommendation). e) Proven performance measures to identify how government will measure the success of its alternative service delivery and outsourcing strategy through to and post implementation on a component-by- 13 component and/or bundled basis (per the recommendation). f) Identification of where and how to involve the private sector to achieve most value added in the outsourcing process. g) Identification of governance and contract management capacity to ensure that as government shifts non-core functions to the private sector that through training or retention of key staff, the right types of skills exist within the public sector. A comprehensive high-level financial model to support the framework; A process to ensure government executive and staff are informed, share and shape the Strategy and buy-in to the Strategy as it is developed and completed; and A process to transfer knowledge of ASD and outsourcing best practices and the framework to key provincial staff. Government will be responsible for the development of a strategy for management of personal information and government information and any other impacted responsibilities of government to ensure that government’s statutory and policy obligations are met. The Contractor is expected to liase with government on this. 2. Implementation Plan for Outsourcing The Contractor will provide an implementation plan for the Strategy that plans out all steps from initiation of the Strategy, including procurement and postimplementation review of Strategy results. It should include a plan for an outsourcing program management process and structure, roles, responsibilities and skills. Other components of the plan will include: Timelines and key benchmarks; Process to assure security of information; Process to assure privacy of personal information; A strategy for involvement of local British Columbia small and medium sized businesses in outsourcing opportunities; Communications strategy; Change management process; Risk assessment/mitigation plan; Quality assurance process; Timeframes; Status and project/performance reporting process; Human resource requirements to manage the outsourced activities; and Organizational development and training requirements. 14 7.3 Supplemental Agreements During Implementation The Province shall have the option to negotiate and to enter into one or more supplemental agreements with the Contractor to provide advice and other assistance during the implementation of the Strategy 8. Evaluation Criteria 8.1 Mandatory Criteria The following are mandatory requirements. Proposals not clearly demonstrating that they meet them will receive no further consideration during the evaluation process. Criteria a) The proposal must be received at the closing location by the specified closing date and time. The proposal must not be sent by e-mail or facsimile. b) The proposal must be in English. c) Five copies of the proposal must be submitted. d) The proposal must be signed by a person authorized to sign on behalf of the Proponent in a substantially similar form to Appendix A. e) The proposal must include a statement (including client contacts) from the Proponent that identifies that the Proponent firm and the principals identified in the project team have completed one or more information technology outsourcing strategy for a public sector entity (comparable size and scope to the Province of British Columbia) within the last three years. 8.2 Desirable Criteria Proposals meeting the mandatory requirements will be further assessed against the following desirable criteria. The Province will require the Proponent to provide references for specific past work experience and projects to verify any of the claims made by the Proponent regarding any of the criteria described below. The Province may require the top ranked Proponents to provide a presentation of their proposal in order for the Province to clarify its understanding of the proposal and finalize the Province’s evaluation. 15 Criterion Experience in the provision of advisory services for public sector information technology, telecommunications and related business processes, alternative service delivery and outsourcing advisory services. Weight Minimum score (if applicable) 35% 35 points 10% 10 points Please provide the name of each person on your proposed project team and identify which members have played a key role in public and private sector information technology, telecommunications and related business processes, alternative service delivery and outsourcing. Describe each team person’s role, experience and accomplishments in designing information technology outsourcing strategies in large public sector organizations, and the duration of the person’s involvement in each project. Please provide: a relevant résumé of all the members of your proposed team, including projects that demonstrate the person's relevant experience and qualifications, each person's proposed role in this project, and the estimated number of business days each person will work on this project. The evaluation committee will consider: the degree to which the résumés demonstrate that the team members are experienced and qualified to perform their proposed roles and to provide the required deliverables, demonstrated experience of the key team members in key roles related to the Strategy, and taking into account the scale of those projects, each person's role, and the duration of time worked on those projects, and the number of days the most experienced team members will spend on this project and their role in the project. Corporate Experience Please provide a company profile including: area of recognised expertise in the marketplace, experience of the company in the provision of advisory services for government alternative service delivery and outsourcing of information technology and telecommunications, and references for three clients for whom similar work has been done. 16 Criterion Weight Minimum score (if applicable) 10% 10 points 30% 30 points The evaluation committee will consider: the relevance and recentness of the company’s experience and expertise to the work required under this Request for Proposal. References for three clients for whom similar work has been done. A vision for transformation of the information technology and telecommunications portion of the Province Please provide a statement of the Proponent’s vision for transformation of government of British Columbia with a focus on the information technology, telecommunications and related business processes components of the Province, including consideration of the potential for economic development benefits within British Columbia resulting from implementing the Strategy. Project Approach and Plan Please provide a description of your proposed approach or method for producing the required Deliverables described in Section 7.2 above. Please structure your description based on these Deliverables. Please provide a project plan and schedule showing the deliverables and key activities, and any government activities required such as any interviews, presentations and approvals. Please provide a plan to identify any requirements for internal government resources. The evaluation committee will consider: the degree to which the proposed approach and plan demonstrates the required Deliverables will be submitted within the proposed timeframe, the clarity of the explanation of how the Proponent intends to gather information about alternative service delivery and outsourcing of information technology, telecommunications and related business processes in other jurisdictions and sectors, the clarity of the explanation of how options will be determined and evaluated, the methods and approaches that reduce risk, accelerate the project, or add value from the government’s point of view, in addition to the deliverables listed in this RFP, whether the plan includes a reasonable allocation of time for the government to meet its obligations under the proposed plan, e.g. time to turnaround documents for approval, whether the plan includes a detailed Gantt chart showing the proposed deliverables and key activities, 17 Criterion Weight Minimum score (if applicable) 15% 15 points the degree to which the proposed activities reflect sufficient research and analysis to support recommendations and options for an information technology and telecommunications and related business processes outsourcing strategy, the clarity of the explanation of how the Proponent intends to develop a strategy for involvement of local British Columbia suppliers in future outsourcing opportunities, the clarity of the explanation of how the Proponent intends to gather information on government information technology, telecommunications and related business processes and the level and degree of access to government resources the Proponent requires. Price Please provide a total fixed price quotation, including travel expenses. The Evaluation Committee will award a maximum of 15 points calculated as follows: (Price for the lowest-priced proponent)/ (This proponent’s price) x 15) The lowest priced bid will not necessarily be accepted. If the lowest bid has no dollar value, the Province will assign a nominal value for the purposes of evaluating this criterion. 8.3 Successful proponent: The successful Proponent will be the Proponent that has satisfied all the mandatory criteria in section 8.1, and achieved the highest total score in section 8.2. 9. Proposal Format The following format and sequence should be followed in order to provide consistency in Proponent response and ensure each proposal receives full consideration. All pages should be consecutively numbered. a) Proposal covering letter. Please use sample provided in Appendix A. b) Table of contents including page numbers. c) A short (one or two page) summary of the key features of the proposal. d) The body of the proposal, including pricing, i.e. the “Proponent Response”. 18 Appendix A Proposal Covering Letter Letterhead or Proponent’s name and address Date Purchasing agent’s name and address Dear Sir/Madam Subject: Request for Proposal name Request for Proposal number List any amendment nos. and dates The enclosed proposal is submitted in response to the above-referenced Request for Proposal. Through submission of this proposal we agree to all of the terms and conditions of the Request for Proposal. We have carefully read and examined the Request for Proposal and have conducted such other investigations as were prudent and reasonable in preparing the proposal. We agree to be bound by statements and representations made in this proposal and to any agreement resulting from the proposal. Yours truly signature Name: Title: Legal name of Proponent: Date: 19 Appendix B Form of Contract Selected Contract Clauses By submission of a proposal, the Proponent agrees that, should it be identified as the successful Proponent, it is willing to enter into a Contract with the Province that may include, at the Province’s discretion, the following clauses: Registration with Workers’ Compensation Board The Contract may contain a provision that the Contractor and any approved subContractors must be registered with the Workers’ Compensation Board (WCB), in which case WCB coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Contractor may be required to submit a WCB Clearance Letter indicating that all WCB assessments have been paid. Compliance With Laws The Contractor will give all the notices and obtain all the licenses and permits required to perform the work. The Contractor will comply with all laws applicable to the work or performance of the Contract. Laws of British Columbia Any Contract resulting from this Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of British Columbia. Arbitration All disputes arising out of or in connection with the Contract will, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act. Funding The Contract and the financial obligations of the Province pursuant to that Contract are subject to: there being sufficient moneys available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year or part thereof when the payment of money by the Province to the Contractor falls due under the Contract entered into pursuant to this Request for Proposal to make that payment; and 20 Treasury Board, as defined in the Financial Administration Act, not having controlled or limited expenditure under any appropriation referred to in subsection a) of this section. Payment Holdback The Contract may contain a provision whereby the Province will hold back a portion of the total Contract price until the requirements of the Contract have been met. Software It is the Contractor’s responsibility to ensure that the Province has all licenses required to use any software that may be supplied by the Contractor pursuant to the Contract. Intellectual Property Rights The Province will be the owner of the intellectual property rights, including patent, copyright, trademark, industrial design and trade secrets in any product developed through a Contract but excluding the Contractor’s pre-existing methodology, processes, tools and general knowledge of matters under consideration. The Province will consider providing the Contractor with a license back to use and reproduce portions of the methodology or deliverables created pursuant to the Contract. Indemnity and Insurance The Contract will include the following indemnity and insurance clauses 1.1 through to 1.8. 1.1 The Contractor will indemnify and save harmless the Province from and against all claims, demands, losses, damages, costs and expenses (each a "Loss") made against or incurred, suffered or sustained by the Province at any time or times (whether before or after the expiration or sooner termination of this Agreement), including any claim of infringement of third party intellectual property rights where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Contractor excepting always liability arising out of the independent acts of the Province. 1.2 In no event will the indemnification by the Contractor pursuant to paragraph 1.1 exceed $2,000,000 per Loss. 1.3 The limitation set out in paragraph 1.2 will not apply to Losses for bodily injury or damage to real property or tangible personal property, or any Loss arising from a claim of infringement of third party intellectual property rights. 21 1.4 Notwithstanding any other provision of this Agreement, the Contractor will not be liable for punitive, incidental, consequential, special or indirect damages arising from a Loss, including but not limited to lost profits, lost business revenue or failure to realize expected savings, even if the Province informed the Contractor of the possibility thereof. 1.5 The Contractor will, without limiting its obligation or liabilities and at its own expense, purchase and maintain the following insurances with insurers authorized to do business in British Columbia: 1.6 1.7 1.8 (a) Automobile Liability on all vehicles owned, operated or licensed in the name of the Contractor and used for government business in an amount not less than $1,000,000; (b) Comprehensive General Liability in an amount not less than $1,000,000 inclusive per occurrence against bodily injury, personal injury and property damage and including liability assumed under this Agreement and includes the Province as an additional insured; and (c) Professional Liability in an amount not less than $1,000,000 insuring the Contractor’s liability resulting from errors or omissions in the performance of the Services. All insurance described in section 1.5 of the Contract will: (a) be primary; (b) not require the sharing of any loss by any insurer of the Province; and (c) provide the Province with 30 days advance written notice of cancellation or material change. The Contractor will provide to the Province: (a) prior to the commencement of Services and when requested by the Province, evidence in the form of a completed Province of British Columbia Certificate of Insurance of all required insurance; and (b) when requested by the Province, certified copies of required policies. If Professional Liability Insurance is not commercially available, or if in the Contractor's view the insurance is excessively expensive, the Contractor shall advise the Province and the Province will consider the issue and what other alternatives may be available. It is the Province's sole discretion whether to grant approval for any alternative to the insurance requirements set out in this Agreement. 22 Appendix C Receipt Confirmation Form Strategy for ASD of IT Closing date: December 4th, 2002 Request for Proposal No.133421 Ministry of Management Services To receive any further information about this Request for Proposal please return this form to: Attention: Mike Kishimoto Mail: Purchasing Commission 3350 Douglas Street, Suite 102. Victoria, B.C. V8Z 7X9 Or: Fax #: (250) 387-7309 COMPANY: STREET ADDRESS: CITY/PROVINCE: POSTAL CODE: MAILING ADDRESS IF DIFFERENT: PHONE NUMBER: FAX NUMBER: CONTACT PERSON: E-MAIL: WE WILL BE SENDING _______ REPRESENTATIVES TO THE PROPONENTS’ MEETING. (NUMBER) WE WILL NOT BE ATTENDING BUT WILL PROBABLY BE SUBMITTING A PROPOSAL. UNLESS IT CAN BE SENT BY FAX, FURTHER CORRESPONDENCE ABOUT THIS REQUEST FOR PROPOSAL SHOULD BE SENT BY: COURIER COLLECT. PROVIDE COURIER NAME AND ACCOUNT NO: MAIL SIGNATURE: TITLE: 23
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