CIDA 102 - General Conditions (RFP) - Current Version

• A. Interpretation
• B. Conditions of eligibility
  • Canadian eligibility requirements
  • Personnel commitment to participate
  • Conflict of interest
  • Lobbyist
  • Anti-corruption program
  • Employment equity
  • Validity of the proposal
• C. General instructions
  • Time limitations for the request of additional documentation and for extensions to the proposal closing date
  • Access to information and protection of commercial information
  • Site visit
• D. General information
  • Canadian labour and materials
  • Management of technical cooperation personnel
  • Contract negotiation
  • Commencement of services (work)
  • Rights of CIDA
  • Oral debriefing
• E. Costing principles
• • Cost of services
  • Fees
  • Reimbursable expenses

A. Interpretation  (2003-12-01)

Approved financial institution means:

• any corporation or institution that is a member of the Canadian Payments Association; or
• a corporation that accepts deposits that are insured by the Canada Deposit Insurance Corporation or the Régie de l'assurance-dépôts du Québec to the maximum permitted by law; or
• a credit union as defined in paragraph 137 (6) (b) of the Income Tax Act; or
• a corporation that accepts deposits from the public, if repayment of the deposits is guaranteed by Her Majesty in right of a province.

Consultant in the context of a "Request for Proposal" (RFP) meansproprietorship, who/which submits a proposal in response to the RFP, who/which must sign Form H of the RFP and who/which would be the Consultant, which will be called upon to negotiate with a view to signing the prospective contract with the Canadian International Development Agency (CIDA). Where the proposal is submitted by a consortium, joint venture or other type of association, the members of the consortium, joint venture or other type of association together comprise the Consultant. EACH member of a consortium, joint venture or other type of association must sign a copy of Form H of the RFP and, if a contract is awarded, must be a signatory to the contract and shall be jointly and severally liable and responsible for the fulfilment and execution of the contract.

Established in Canada meanshaving an establishment, where the Consultant conducts activities on a permanent basis, that is clearly identified by name and accessible during normal working hours.

Evaluation team means a team established by CIDA to evaluate the proposals.

Irrevocable Letter of Credit (ILOC) means a document from a Bank, or other approved financial institution, which irrevocably and unconditionally undertakes and guarantees to pay the Receiver General for Canada:

• any sum demanded to meet obligations incurred, or to be incurred, by the Consultant;
• where the Consultant is in default in connection with the contract;
• up to a maximum dollar amount specified;
• on sight, on first request by CIDA to the bank and without question.

The ILOC must be valid until completion of all services to which it applies and cannot be amended or cancelled without agreement of all parties.

Local professional means an individual engaged in the recipient country by the Consultant for the provision of services under the contract; who has specific in-depth professional/technical expertise in a specific field of work; for whom the Consultant is fully accountable and responsible, and for whose workit assumes the risk.

Place of business means an establishment, where the Consultant conducts activities on a permanent basis, that is clearly identified by name and accessible during normal working hours.

Subcontractor means an individual, corporation, partnership (in Common Law regime) or sole proprietorship who/which is proposed by the Consultant to participate in the project under a contract with the Consultant.

B. Conditions of eligibility

1. Canadian eligibility requirements  (2003-12-01)

The Consultant, including EACH member of a consortium, joint venture or other type of association (where the proposal is submitted by a consortium, joint venture or other type of association), must comply with the following requirements:

1. if the Consultant is an individual—he/she must be a Canadian citizen or a Canadian landed immigrant; or
2. if the Consultant is a profit organization—it must be a legal entity and have a place of business in Canada; or
3. if the Consultant is a not-for-profit organization—it must be a legal entity established in Canada.

Where the proposal is submitted by a consortium, joint venture or other type of association, EACH member must meet either requirement (i), (ii) or (iii).

2. Personnel commitment to participate  (2003-12-01)

The Consultant commits to providing all of the personnel, including sub-contractors, in conformance with the proposed work schedules submitted for consideration to CIDA.

If, during contract negotiations, the Consultant can no longer provide the professionals proposed, CIDA reserves the right to disqualify the Consultant and to enter into negotiations with the Consultant who submitted the second-highest ranking proposal.

3. Conflict of interest  (2003-12-01)

The Consultant shall have no pecuniary, or work-related interests in the business of any third party that would cause a conflict of interest, or seem to cause a conflict of interest.

It will be a term of every CIDA contract that:

1. no person who is not in compliance with the post-employment provisions of the Conflict of Interest and Post-Employment Code for Public Office Holders and/or the Conflict of Interest and Post-Employment Code for the Public Service shall derive a direct benefit from this contract; and
2. during the term of the contract any persons engaged in the course of carrying out the contract shall conduct themselves in compliance with the principles of the Conflict of Interest and Post-Employment Code for Public Office Holders and/or the Conflict of Interest and Post-Employment Code for the Public Service; and
3. the Consultant shall not propose any project personnel who are in conflict with either of these provisions.

CIDA has the right to disqualify the Consultant should it be determined that proposed project personnel are in conflict with the above requirements.

4. Lobbyist  (2003-12-01)

The Consultant shall not, directly or indirectly, pay a contingency fee for the solicitation, negotiation, or obtaining of a contract to any person other than an employee of the Consultant acting in the normal course of the said employee's duties (see section 5 of the Lobbyist Registration Act, S.C. 1988, c. 53, as amended).

5. Anti-corruption program  (2004-10-25)

CIDA reserves the right to disqualify any proposal submitted by a Consultant if the Consultant or any of the Consultant's officers, employees and Subcontractors included in the proposal:

1. were convicted during a period of three years prior to the submission of the proposal, by a court of law in Canada or in any other jurisdiction, for an offence involving bribery or corruption or;
2. are under sanction, for an offence involving bribery or corruption, imposed by a government, a governmental organization or a development organization providing development assistance.

CIDA will permit the Consultant to make representations prior to taking a final decision to disqualify a proposal on these grounds. Such representation must be made within ten days of CIDA informing the Consultant that it is considering such disqualification.

6. Employment equity  (2002-11-24)

The requirements of the Federal Contractors Program for Employment Equity MUST be met by the selected Consultant. This applies to firms which employ 100 or more persons and where the total estimated value of the contract equals or exceeds $200,000. Consultants meeting both criteria may be required to demonstrate compliance with this program at the time of the contract negotiation. The Department of Human Resources Development Canada (HRDC) may request more detailed information, and, if in doubt, Consultants are advised to seek appropriate counsel directly from HRDC.

7. Validity of the proposal  (2003-12-01)

Any proposal must remain valid and open for acceptance for a period of 180 days after the closing date of the RFP (60 days in case of a Request for a Summary Proposal).

C. General instructions

1. Time limitations for the request of additional documentation and for extensions to the proposal closing date  (2003-12-01)

Requests for additional documentation must be received at CIDA no less than five (5) working days before the scheduled bid closing date. A request for an extension to the proposal closing date will only be accepted for consideration if it is received at least seven (7) working days before the closing date, in writing, by the CIDA Officer named in the RFP document. The request, if granted, will be communicated to all parties that requested the RFP at least three (3) working days before the closing date.

2. Access to information and protection of commercial information  (2003-12-01)

Information contained in a Consultant's proposal could be subject to release under the provision of access to information legislation. The proposing Consultant may indicate whether the proposal, or any part(s) thereof, is/are, in its view, exempt under the provisions of the legislation and which part(s) it would consent to release.

3. Site visit  (2003-12-01)

CIDA and the Embassy/High Commission require an advance notice of at least seven (7) days from any proposing Consultant who wishes to visit the project area.

D. General information

1. Canadian labour and materials  (2003-12-01)

The Consultant, in the performance of the services, shall use:

1. Canadian labour consisting of Canadian citizens or Canadian landed immigrants; and
2. Canadian materials to the full extent to which they are procurable.

Canadian expatriates resident in the recipient country with all local working papers in order, and citizens of the recipient country, can be assigned by the Consultant to work on CIDA-funded projects. This requirement also extends to all proposed subcontractors. Other personnel may be assigned if it can be demonstrated that the required experience and qualifications are not available in Canada or the recipient country.

2. Management of technical cooperation personnel  (2003-12-01)

Since January l990, CIDA has made available to executing agencies a series of publications on management of technical cooperation personnel. Two of these publications are management manuals for executing agencies whose projects involve a technical cooperation component: Management of Students and Trainees in Canada and Management of Overseas Personnel. These two manuals outline standards defined by CIDA and detail what CIDA expects from executing agencies in managing personnel. The manuals also include a description of the costs, benefits and provisions that executing agencies must consider in their proposals. If the project for which you have submitted a proposal includes a component of training in Canada or on fielding of Canadians abroad, and you have not yet received the appropriate documents listed above, please contact the person referred to in Part I, "Inquiries", of the RFP document.

3. Contract negotiation (2003-12-01)

A time limit may be imposed by CIDA to ensure that negotiations are concluded effectively and in a timely manner. In instances where negotiations cannot be satisfactorily concluded between the selected Consultant and CIDA, CIDA reserves the right to initiate negotiations with the second highest ranking Consultant. Typical areas of negotiation may include:

1. Level of Effort—CIDA reserves the right to negotiate the level of effort, as expressed in skills and/or time proposed by the Consultant. The selected Consultant might be required to submit a more detailed cost breakdown linked to major work packages to facilitate these negotiations.
2. Fees—In a competitive environment, fees proposed in the selected Consultant's financial proposal, which were part of the financial evaluation, are not normally subject to negotiation. However, CIDA reserves the right to request support for the proposed fees and to negotiate any and all fees to ensure that fair value is obtained.
3. Reimbursable Expenses—All reimbursable expenses, such as for mobilisation and demobilisation, reimbursable travel, and office expenses are subject to negotiation.

4. Commencement of services (work)  (2003-12-01)

The selected Consultant is advised not to start work prior to the effective date of the contract. Costs incurred prior to the effective date of the contract will not be reimbursed.

5. Rights of CIDA  (2003-12-01)

CIDA reserves the right to:

1. reject any or all proposals received in response to a Request for Proposals;
2. enter into negotiation with one or more Consultants on any or all aspects of their respective proposals;
3. accept any proposal in whole, or in part;
4. cancel and/or re-issue the modified version of a given RFP requirement at any time;
5. award one or more contracts;
6. verify all information provided with respect to a given RFP requirement, including the right to request a confirmation of the Consultant's legal status and signed documentation attesting to its legal ability to enter into a contractual agreement with CIDA;
7. award contracts without competition for follow-up work, if any, to the selected Consultant for a given project requirement.

6. Oral debriefing  (2009-04-17)

The Consultant may make a written request to CIDA to receive an oral debriefing on the strengths and weaknesses of the Consultant's own proposal and to receive the marks obtained by the Consultant for each requirement of the technical component listed in the evaluation grid and the marks obtained for the financial component.

The Consultant may also request the name of the successful Consultant, the total marks obtained by the successful Consultant in each of the three categories of the technical component listed in the evaluation grid (Experience of the Consultant, Methodology and Personnel) and the marks obtained by the successful Consultant for the financial component. Where the request involves a Consultant who is an individual, some information may qualify for protection under the Privacy Act and thus a written request must be directed to CIDA's Access to Information and Privacy Co-ordinator (Place du Centre, 200 Promenade du Portage, Gatineau, Québec, K1A 0G4).

E. Costing principles

1. Cost of services  (2003-12-01)

The "cost of services" includes both the total fees and reimbursable expenses paid by CIDA for the provision of services. For the purpose of proposal evaluation, all taxes are excluded.

2. Fees  (2010-04-20)

Fees are the rates (inclusive of all mark-ups) in Canada and overseas relating to professional, technical and administrative services to be provided under the contract, including those of the Consultant's personnel in Canada and overseas, its sub-consultants, outside consultants and local professionals. The all-inclusive rates (hourly, daily, monthly) shall include all the following cost elements: direct salaries, fringe benefits, overhead/indirect costs and profit.

1. Direct Salaries—meaning amounts paid to individuals for actual time directly worked under the contract.
2. Employee Fringe Benefits—meaning costs associated with employee salaries, including paid benefits. Paid benefits include sick leave, statutory holidays, paid vacation leave, the employer's contribution for employment insurance and worker's compensation (where applicable), health and medical insurance, group life insurance and pension, etc.
3. Overhead/Indirect Costs -costs that are defined as those cost classifications that could not be considered direct costs. The following overhead/indirect costs are eligible:
   
   
   • Advertising and promotion (non-project specific);
   • Amortization/ depreciation;
   • Bank charges (non-project specific);
   • Board activities;
   • Business development activities;
   • Capital taxes;
   • Communication, excluding long distance calls that are related to the execution of the program/ project;
   • Computer maintenance expenses;
   • Financing costs such as interest expenses and costs to obtain letters of credit;
   • General staff training;
   • Insurance (e.g. office, board of directors liability) with the exception of accident and/or sickness insurance that may be reimbursed to the Consultant as direct costs in accordance with the Technical Assistance Handbook;
   • Internal or external audits of the Bidder;
   • Memberships and subscriptions;
   • Office supplies and equipment in Canada;
   • Bidder restructuring costs;
   • Professional fees relating to the administration of the Bidder (e.g. legal, accounting, etc.);
   • Proposal preparation activities;
   • Office rent and utilities in Canada;
   • Repairs and maintenance expenses in Canada;
   • Review and negotiation of agreements;
   • Salaries and fringe benefits related to the administration of the Bidder;
   • Staff recruitment;
   • Strategic planning activities;
   • Travel (non-project specific) and travel between the Bidder's office and CIDA workplace;
   • Workstations, including computers; and
   • Other indirect/ overhead type of expenditures related to the Bidder's office(s) in Canada.

3. Reimbursable expenses  (2003-12-01)

Reimbursable Expenses means the out-of-pocket expenses directly related to the work, which may include:

1. living and travel costs, in accordance with the Treasury Board Travel Directive; purchase and transportation costs for equipment, vehicles and supplies required to carry out the project;
2. project-related communication costs, such as telephone and long-distance charges, telex, fax, mailing and courier;
3. translation and word processing costs directly related to the project, project-related printing/copying costs (including printing extra copies of documents, and microcopying);
4. the actual cost of salaries and fringe benefits for locally-engaged "support" staff, excluding locally-engaged professionals;
5. benefits and allowable expenses for long-term field personnel in accordance with CIDA's Management of Overseas Personnel: Manual for the Executing Agencies;
6. allowances for CIDA award students and trainees, in accordance with CIDA's Management of Students and Trainees in Canada - Manual for Executing Agencies;
7. counterpart personnel of the recipient country, who have been identified by the recipient country to either receive training and/or work with Canadian personnel on the project;
8. counterpart personnel receive no remuneration from CIDA other than defrayal of certain expenses, such as local transportation costs and living expenses while on travel status for the purpose of the project; and
9. any other reasonable and directly related expenses required to carry out the project, which are not deemed to be "fees" or overhead/indirect costs and are not included in the above categories (note that details of this type of expenses will have to be provided in the Consultant's financial proposal).

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