Request for Proposal: PIPEDA Investigations

PDF Version

Closing Date, Time
08/20/2010, 2:00 pm EST
REF NO. 2R008-10-0131

Title of Project

Investigation Services – PIPEDA Toronto Office

Return Bids to:

By Hand or Messenger Service:

Office of the Privacy Commissioner of Canada
Corporate Services Branch
112 Kent Street, 3rd floor
Ottawa, Ontario K1A 1H3
Hours : Monday – Friday
From : 8:30 am -12:00 pm / 1:00 pm – 4:30 pm

By Mail:

Office of the Privacy Commissioner of Canada
Corporate Services Branch
112 Kent Street, 3rd floor
Ottawa, Ontario K1A 1H3
By Facsimile: 613-947-6850

Contracting Authority’s address

Office of the Privacy Commissioner of Canada
Corporate Services Branch
112 Kent Street, 3rd floor
Ottawa, Ontario K1A 1H3

Contracting Authority

Patricia Garand
Telephone No.: 613-943-5569
Facsimile No.: 613-947-6850
E-mail : patricia.garand@priv.gc.ca

Offeror’s Name
Offeror’s Complete Address
NAMES & TITLE OF THE PERSON AUTHORIZED TO SIGN ON BEHALF OF OFFEROR (PLEASE PRINT)
Signature	Date

THE SIGNATURE INDICATES ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN. No modification or other terms and conditions included in the BIDDER's Proposal will be applicable to the resulting Contract, Notwithstanding the fact that the BIDDER's proposal may become part of The resulting Contract.

THIS PAGE MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL

PART 1 - GENERAL INFORMATION

1. Security Requirement

There is a security requirement associated with the requirement. For additional information, consult Part 4 – Evaluation Procedures and Basis of Selection, and Annex A, Statement of Work, Specifications.

2. Statement of Work

The Office of the Privacy Commissioner of Canada (OPC) has a requirement for the provision of investigative services to the Office of the Privacy Commissioner pursuant to section 11 of the Personal Information Protection and Electronic Documents Act (PIPEDA). The services are to be provided from the Toronto offices located at 25 St. Clair Avenue East.

Refer to Annex “A” for Statement of Work.

PART 2 – BIDDER INSTRUCTIONS

1. Standard Instructions, Clauses and Conditions

All instructions, clauses and conditions identified in the bid solicitation by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual issued by Public Works and Government Services Canada (PWGSC). The Manual is available on the PWGSC Website: http://sacc.pwgsc.gc.ca/sacc/index-e.jsp

Bidders who submit a bid agree to be bound by the instructions, clauses and conditions of the bid solicitation and accept the clauses and conditions of the resulting contract.

The 2003 (2010-01-11) Standard Instructions – Goods and Services are incorporated by reference into and form part of this bid solicitation.

All reference to the Minister of Public Works and Government Services Canada should be deleted and replaced with the Minister of Canadian Heritage. Also all reference to the Department of Public Works and Government Services Canada should be deleted and replaced with the Office of the Privacy Commissioner of Canada.

2. Submission of Bids

Bids must be submitted only tothe Office of the Privacy Commissioner of Canada by the date, time and to the location indicated on page 1 of the bid solicitation.

3. Late Bids

The Office of the Privacy Commissioner of Canada (OPC) will return bids delivered after the stipulated bid solicitation closing date and time, unless they qualify as a delayed bid as described below.

4. Transmission by Facsimile

Bids may be submitted by facsimile. The only acceptable facsimile number for responses to bid solicitations issued by OPC 613-947-6850

Due to the nature of the bid solicitation, bids transmitted electronically (by email) will not be accepted.

5. Enquiries - Bid Solicitation

All enquiries must be submitted in writing to the Contracting Authority no later than5working days before the bid closing date. Enquiries received after that time may not be answered.

Bidders should reference as accurately as possible the numbered item of the bid solicitation to which the enquiry relates. Care should be taken by bidders 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 questions or may request that the Bidder do so, so that the proprietary nature of the question is eliminated, and the enquiry can be answered with copies to all bidders. Enquiries not submitted in a form that can be distributed to all bidders may not be answered by Canada.

6. Communications - Solicitation Period

To ensure the integrity of the competitive bid process, enquiries and other communications regarding the bid solicitation must be directed only to the Contracting Authority identified in the bid solicitation. Failure to comply with this requirement may result in the bid being declared non-responsive.

To ensure consistency and quality of information provided to bidders, significant enquiries received and the replies to such enquiries will be provided simultaneously to bidders to which the bid solicitation has been sent, without revealing the sources of the enquiries.

7. Rights of Canada

Canada reserves the right to:

1. reject any or all bids received in response to the bid solicitation;
2. enter into negotiations with bidders on any or all aspects of their bids;
3. accept any bid in whole or in part without negotiations;
4. issue one(1) or more contracts as a result of the bid solicitation;
5. cancel the bid solicitation at any time;
6. reissue the bid solicitation;
7. if no responsive bids are received and the requirement is not substantially modified, reissue the bid solicitation by Inviting only the bidders who bid to resubmit bids within a period designated by Canada; and,
8. negotiate with the sole responsive Bidder to ensure best value to Canada.

8. Applicable Laws

Any resulting contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.

Bidders may, at their discretion, substitute the applicable laws of the Canadian province above with their choice of a Canadian Province or Territory without affecting the validity of their bid, 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 bidders.

PART 3 – BID PREPARATION INSTRUCTIONS

Bid Preparation Instructions

Canada requests that bidders provide their bid in separately bound sections as follows:

Section I: Technical Bid (3 identical copies)
Section II: Financial Bid (1 copy)
Section III: Certifications (1 copy)

Prices must appear in the financial bid only. No Prices must be indicated in any other section of the bid.

Canada requests that bidders follow the format instructions described below in the preparation of their bid:

1. use 8.5 x 11 inch (216 mm x 279 mm) paper;
2. use a numbering system that corresponds to the bid solicitation;

Section I: Technical Bid

In their technical bid, bidders must demonstrate their understanding of the requirements contained in the bid solicitation and explain how they will meet these requirements. Bidders must demonstrate their capability and describe their approach in a thorough, concise and clear manner for carrying out the work.

The technical bid must address clearly and in sufficient depth the points that are subject to the evaluation criteria against which the bid will be evaluated. Simply repeating the statement contained in the bid solicitation is not sufficient. In order to facilitate the evaluation of the bid, Canada requests that bidders address and demonstrate their compliance in the order of the evaluation criteria, and under the same headings. To avoid duplication, bidders may refer to different sections of their bids by identifying the specific paragraph and page number where the subject topic has already been addressed.

Section II: Financial Bid

Bidders must submit their financial bid in Canadian funds and in accordance with the Financial Proposal and Resulting Basis of Payment detailed in Annex “B”. The total amount of Harmonized Sales Tax (HST) is to be shown separately, if applicable.

Section III: Certifications

Bidders must submit the certifications required under Part 5.

PART 4 - EVALUATION PROCEDURES AND BASIS OF SELECTION

1. Evaluation Procedures & Criteria

1. Bids will be assessed in accordance with the entire requirement of the bid solicitation including the technical and financial evaluation criteria.
2. An evaluation team composed of representatives of Canada will evaluate the bids.

1.1 Technical Evaluation

1.1.1 Mandatory Technical Criteria

OPC will first evaluate all Proposals on the basis of the Mandatory Requirements. Bidders will be evaluated on a meet/does not meet basis. The Bidder's Proposal MUST meet all Mandatory Requirements for the Proposal to be considered for further evaluation. Failure on the part of the Bidder to meet any one (1) Mandatory Requirement will result in the Proposal being deemed non-compliant, and no further consideration will be given thereto.

Mandatory Criteria

Knowledge of the Personal Information Protection and Electronic Documents Act (PIPEDA), other provincial privacy legislation, or the Privacy Act.

Significant* and recent** experience in the conduct, or supervision, of investigations or audits in a field mandated by rights based legislation or regulation, such as: Privacy or Access to Information investigations or audits; OR Compliance or other regulatory investigations in the financial services (banking, insurance, securities) or other regulated private sector industry; OR Investigations or audits conducted for an administrative tribunal, commission or ombuds office, e.g. Human Rights, Employment, Official Languages; OR Investigations or audits conducted for security or law enforcement purposes. *Significant – at least 3 years **Recent – within the last 5 years

Significant* and recent** experience in analyzing facts, writing reports and making recommendations.

Location: Greater Toronto Area or National Capital Region

The Contractor will be required to obtain and maintain the minimum security clearance (Enhanced Reliability) required for the conduct of the Work.

1.1.2 Point Rated Criteria

Point rated criteria is used to establish the minimum requirements by setting a passing mark that a response must meet to be considered a valid and responsive response.

Only those resources proposed that meet all the Mandatory Requirements will be further evaluated and scored in accordance with specific point rated evaluation criteria as detailed in the table below.

	Point Rated Technical Criteria	Cross Reference to Proposal [Supplier to Insert]	Max. Points	Min. Points	Points Received
Rating: 1 to 5: Poor; 6 to 10: Satisfactory; 11 to 15: Excellent
R1	Knowledge of the Personal Information Protection and Electronic Documents Act (PIPEDA), other provincial privacy legislation, or the Privacy Act. Demonstrated by providing experience on the resume working with PIPEDA, other provincial privacy legislation, or the Privacy Act; OR Demonstrated by holding a privacy related qualification, e.g. IAPP Certified Information Privacy Professional / Canada certificate; or the University of Alberta Access to information and Privacy Certificate		15	11
R2	Significant* and recent** experience in the conduct or supervision of investigations or audits in a field mandated by rights based legislation or regulation, such as: Privacy or Access to Information investigations or audits; OR Compliance or other regulatory investigations in the financial services (banking, insurance, securities) or other regulated private sector industry; OR Investigations or audits conducted for an administrative tribunal, commission or ombuds office, e.g. Human Rights, Employment, Official Languages; OR Investigations or audits conducted for security or law enforcement purposes. *Significant – at least 3 years **Recent – within the last 5 years Demonstrated by providing the requisite experience in conducting, or supervising, such investigations or audits on the resume. Rating will be based on quality of experience achieved and not amount of years achieved.		15	11
R3	Significant* and recent** experience in analyzing facts, writing reports, making recommendations, and procedure development. Demonstrated by providing the requisite experience in analyzing facts, writing reports and making recommendations on the resume. Rating will be based on quality of experience achieved and not amount of years achieved.		15	11
Asset	Knowledge of the OPC and its environment. Demonstrated by providing experience working at the OPC.		10	0
Total			55	33

1.2 Financial Evaluation:

Failure on the part of the Bidder to provide the information requested within the Pricing Schedule table found in Annex “B”, will result in OPC deeming the Bidder to be non-compliant, and given no further consideration.

The firm per diem rate is to be exclusive of the Harmonized Sales Tax (HST). Such amounts will be added as applicable upon award of the contract.

NOTE: Financial Limitations
The OPC has established a ceiling price for the services based on its available financial resources. The OPC reserves the right to negotiate the per diem rate with the winning bidder based on the experience of the contractor or resource.

2. Basis of Selection

2.1 Basis of Selection – Mandatory Technical Criteria and Point Rated Criteria

A bid must comply with the requirements of the bid solicitation and meet all mandatory technical evaluation criteria to be declared responsive. The responsive bid with the highest point rated evaluated criteria will be recommended for award of a contract.

OPC may, at its own discretion, negotiate a contract per diem rate based on the experience of the contractor. The acceptable per diem range has been established by the OPC at between $500 and $1,000 based on contractor experience.

3. Security Requirement

3.1 Before award of a contract, the following conditions must be met:

1. the Bidder’s proposed individuals requiring access to classified or protected information, assets or sensitive work site(s) must meet the security requirement as indicated in Annex “A” – Statement of Work;
2. the Bidder must provide the name of all individuals who will require access to classified or protected information, assets or sensitive work sites.

3.2 Canada will not delay the award of any contract to allow bidders to obtain the required clearance.

PART 5 - CERTIFICATIONS

Bidders must provide the required certifications to be awarded a contract. Canada will declare a bid non-responsive if the required certifications are not completed and submitted as requested.

Compliance with the certifications bidders provide to Canada is subject to verification by Canada during the bid evaluation period (before award of a contract) and after award of a contract. The Contracting Authority will have the right to ask additional information to verify bidders’ compliance with the certifications before award of a contract. The bid will be declared non-responsive if any certification made by the Bidder is untrue, whether made knowingly or unknowingly. Failure to comply with the certifications or to comply with the request of the Contracting Authority for additional information will also render the bid non-responsive.

Certifications Precedent to Contract Award

The certifications listed below should be completed and submitted with the bid, but may be submitted afterwards. If any of these required certifications is not completed and submitted as requested, the Contracting Authority will so inform the Bidder and provide the Bidder with a time frame within which to meet the requirement. Failure to comply with the request of the Contracting Authority and meet the requirements within that time period will render the offer non-responsive.

1. VALIDITY PERIOD

The Undersigned agree(s) that the Proposal will remain firm for a period of 30 calendar days after the closing date of this RFP.

	_________________________________
Print Name	Signature of Authorized Company Official	Date

2. BIDDER CERTIFICATION

“We hereby certify that all information provided herein is accurate. Furthermore we have satisfied ourselves that the personnel proposed by us for this requirement are capable of satisfactorily performing the requirement described herein. In addition, we certify that individuals proposed will be available until completion of the project. Also that the work specified herein can be met in a timely manner, and will be achieved within the time frame allocated.”

As well, by affixing an authorized Company official signature hereunder, the bidder confirms acceptance in its entirety of the Terms and Conditions applicable to this requirement.

	_________________________________
Print Name	Signature of Authorized Company Official	Date

3. PRICE CERTIFICATION

The bidder certifies that the price quoted in this proposal is not in excess of the lowest price charged to anyone else, including its most favoured customer, for like quality and quantity of the products/services, does not include an element of profit on the sale in excess of that normally obtained by the bidder on the sale of products/services of like quality and quantity, and does not include any provision for discounts to selling agents.

	_________________________________
Print Name	Signature of Authorized Company Official	Date

PART 6 – RESULTING CONTRACT CLAUSES

1. Security Requirement

1.1 Before award of a contract, the following conditions must be met:

1. the Bidder’s proposed individuals requiring access to classified or protected information, assets or sensitive work site(s) must meet the security requirement as indicated in Annex “A” – Statement of Work - Specifications;
2. the Bidder must provide the name of all individuals who will require access to classified or protected information, assets or sensitive work sites.

2. Statement of Work

2.1 The Contractor must perform the Work in accordance with the Statement of Work at Annex “A”

3. Standard Clauses and Conditions

All clauses and conditions identified in the Contract by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual (http://sacc.pwgsc.gc.ca/sacc/index-e.jsp) issued by Public Works and Government Services Canada.

3.1 General Conditions

2010C (2008-12-12) General Conditions Services (Medium Complexity) apply and form part of this Contract.

4. Term of Contract

4.1 Period of the Contract

The period of the resulting contract is for a period of 5 months, from

4.2 Option to Extend the Contract

OPC reserves the right to extend the contract for a period of 3 months, subject to the same terms and conditions as specified in the contract.

5. Authorities

5.1 Contracting Authority (CA)

The Contracting Authority for the Contract is:

Name of Contracting Authority:
Title:
Telephone:
Facsimile:
E-mail address:

The Contracting Authority is responsible for the management of the Contract and any changes to the Contract must be authorized in writing by the Contracting Authority. The Contractor must not perform work in excess of or outside the scope of the Contract based on verbal or written requests or instructions from anybody other than the Contracting Authority.

5.2 Project Authority (PA)

The Project Authority for the Contract is:

Name of Project Authority
Title
Telephone:
Facsimile:
E-mail address:

The Project Authority is the representative of the department or agency for whom the Work is being carried out under the Contract and is responsible for all matters concerning the technical content of the Work under the Contract. Technical matters may be discussed with the Project Authority; however, the Project Authority has no authority to authorize changes to the scope of the Work. Changes to the scope of the Work can only be made through a contract amendment issued by the Contracting Authority.

5.3 Contractor's Representative

Name of Contractor’s Representative
Title
Telephone:
Facsimile:
E-mail address:

6. Payment

6.1 Basis of Payment

The Contractor will be paid its costs reasonably and properly incurred in the performance of the Work detailed at the Statement of Work, Annex “A”,determined in accordance with the Basis of Payment in Annex “B”. Harmonized Sales Tax is extra, if applicable.

6.2 Limitation of Expenditure

6.2.1 Canada's total liability to the Contractor under the Contract must not exceed $76,900. Harmonized Sales Tax is extra, if applicable.

6.2.2 No increase in the total liability of Canada or in the price of the Work resulting from any design changes, modifications or interpretations of the specifications, will be authorized or paid to the Contractor unless these design changes, modifications or interpretations have been approved, in writing, by the Contracting Authority before their incorporation into the Work. The Contractor must not perform any work or provide any service that would result in Canada's total liability being exceeded before obtaining the written approval of the Contracting Authority. The Contractor must notify the Contracting Authority in writing as to the adequacy of this sum:

1. when it is 75 percent committed, or
2. four (4) months before the Contract expiry date, or
3. if the Contractor considers that the contract funds provided are inadequate for the completion of the Work, whichever comes first.

6.2.3 If the notification is for inadequate contract funds, the Contractor must provide to the Contracting Authority, a written estimate for the additional funds required. Provision of such information by the Contractor does not increase Canada's liability

6.3 Terms of Payment

6.3.1 Monthly Payment

Canada will pay the Contractor on a monthly basis for work performed during the month covered by the invoice in accordance with the payment provisions of the Contract if:

1. an accurate and complete invoice and any other documents required by the Contract have been submitted in accordance with the invoicing instructions provided in the Contract;
2. all such documents have been verified by Canada;
3. the Work performed has been accepted by Canada.

7. Invoice Submission

7.1 Invoices must be submitted in the Contractor's name. The Contractor must submit invoices on a monthly basis for work completed and accepted in accordance with the statement of work.

7.2 Invoices must show:

1. the date, the name and address of the client department, item or reference numbers, deliverable and/or description of the Work, contract number, Client Reference Number (CRN), Procurement Business Number (PBN), and financial code(s);
2. details of expenditures in accordance with the Basis of Payment, exclusive of the Harmonized Sales Tax (HST) (such as item, quantity, unit of issue, unit price, fixed time labour rates and level of effort, subcontracts, as applicable);
3. deduction for holdback, if applicable;
4. the extension of the totals, if applicable; and
5. if applicable, the method of shipment together with date, case numbers and part or reference numbers, shipment charges and any other additional charges.

7.3 If applicable, the HST must be specified on all invoices as a separate item. All items that are zero-rated, exempt or to which the HST does not apply, must be identified as such on all invoices.

7.4 By submitting an invoice, the Contractor certifies that the invoice is consistent with the Work delivered and is in accordance with the Contract.

8. Certifications

8.1 Compliance with the certifications provided by the Contractor in its bid is a condition of the Contract and subject to verification by Canada during the entire contract period. If the Contractor does not comply with any certification or it is determined that any certification made by the Contractor in its bid is untrue, whether made knowingly or unknowingly, Canada has the right, pursuant to the default provision of the Contract, to terminate the Contract for default.

9. Applicable Laws

The Contract must be interpreted and governed, and the relations between the parties determined, by the laws in force in Ontario.

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.

1. the Articles of Agreement;
2. the general conditions 2010C (2008-12-12)
3. Annex “A” – Statement of Work;
4. Annex “B” – Financial Proposal and Resulting Basis of Payment
5. the Contractor's bid dated ______ (insert date of bid)

11. Work permits and licenses

11.1 The Contractor must obtain and maintain all permits, licenses and certificates of approval required for the Work to be performed under any applicable federal, provincial or municipal legislation.

11.2 The Contractor is responsible for any charges imposed by such legislation or regulations. Upon request, the Contractor will provide a copy of any such permit, license, or certificate to Canada.

12. Insurance

The Contractor is responsible for deciding if insurance coverage is necessary to fulfill its obligation under the Contract and to ensure compliance with any applicable law. Any insurance acquired or maintained by the Contractor is at its own expense and for its own benefit and protection. It does not release the Contractor from or reduce its liability under the Contract.

ANNEX “A” – Statement of Work

PIPEDA INVESTIGATIONS

1. OBJECTIVE

The objective of this contract is to retain the services of a qualified professional(s) (the Contractor) with investigative and/or privacy expertise to provide investigative services to the Office of the Privacy Commissioner (the Office) to conduct investigations of complaints made pursuant to section 11 of the Personal Information Protection and Electronic Documents Act (PIPEDA). In addition the Contractor may be required to provide recommendations on policies and procedures related to investigations and/or

2. TASKS

Pursuant to subsection 58(2) of the Privacy Act, the Commissioner authorizes the Contractor to perform investigative services required to complete investigations of complaints lodged against organizations under PIPEDA in an expeditious and procedurally fair manner.

The Contractor will perform the following investigative functions required to address the complaint file:

2.1 Examine the complaint to ensure a good understanding of the issues involved. The Contractor will prepare and send a complaint acknowledgement letter to the complainant and a notification letter to the organization or government institution, or their appointed representative(s), as appropriate. The Contractor will then contact the parties, or their appointed representative(s), to seek out appropriate documentation and representations;

2.2 Exercise the delegated powers and authority under paragraphs 12(1)(c), (d), (e) and (f) and subsection 12(2) of the Act with a view to reaching a disposition of “settled during the course of investigation”; “discontinued”; or “early resolution” as these findings are defined by the Office and following the authorization of the Commissioner or her delegate communicate the result by correspondence to the parties to the complaint, or their appointed representative(s);

2.3 Exercise the delegated powers and authority under paragraphs12(1)(c), (d), (e) and (f) and subsection 12(2) of the Act with a view to recommending to the Commissioner or her delegate, where appropriate, a disposition of “resolved” or “no jurisdiction” as these findings are defined by the Office;

2.4 Exercise skill and judgement to identify any file to which any paragraph in subsection 13(2) of the Act may reasonably be applied and make recommendations to the Office with respect to the Office’s exercise of discretion under this subsection;

2.5 Where it is not reasonably possible to close a file in any manner described in paragraphs B, C or F, the Contractor will draft an internal Investigator’s Report for the review and approval of the Project Authority, or his/her delegate at the Office, before proceeding to draft a preliminary report of investigation or report of findings.

2.6 Where it is not reasonably possible to close a file in any manner described in paragraphs 2.2, 2.3 or 2.4 above, exercise the delegated powers and authority under paragraphs 12(1)(c), (d), (e) and (f) of the Act and prepare a draft preliminary reports of investigation and/or a draft report of findings for the review and approval of the Commissioner or her delegate, revising the draft report on the instructions of the Commissioner or her delegate where instructed.

The draft preliminary reports of investigation will:

• summarize the complaint (complainant and respondent versions);
• outline the factual findings of the investigation (complainant and respondent versions);
• indicate the relevant provisions of the Act and their application to the facts (respondent version only);
• where appropriate, include draft recommendations which are consistent with previous findings, guidance, policy positions, announcements and statements issued by the Office and which promote and enhance compliance with the Act (respondent version only);

The draft report of findings (complainant and respondent versions) will:

• include the content described above for the respondent version of the preliminary report of investigation;
• where appropriate, describe the organization’s response to any recommendations made by this Office; and
• where appropriate, set out a disposition of “not well-founded”, “well-founded” or “well-founded and resolved”, as defined by the Office.

2.7 Exercise professional skill and judgment with respect to identifying and complying with the applicable rules of natural justice and procedural fairness in the discharge of the Work described herein.

2.8 Initiate and maintain communication with the parties to a complaint, or their appointed representative(s), where appropriate and respond to inquiries by the parties, or their appointed representative(s). The Contractor is expected to make themselves available to respond to questions raised by the complainant, respondent, or their appointed representative(s) for ninety (90) days after the final letter of finding has been issued and ensure that any subsequent communications are documented and provided to the Office.

2.9 Maintain independently or as part of the account a record that briefly summarizes all activities undertaken in performance of the Work described herein including preparation, research, travel, interviews, telephone calls, correspondence and/or report drafting and indicate time spent on each; and

2.10 Provide the Office with regular updates on the status of investigations. Work with the investigations computerized system and document the investigation lifecycle.

2.11 Provide additional support and recommendations on policies and procedures related to investigations and/or procedures for the

3. INVESTIGATION PROCEDURES

3.1 The Contractor will conduct the investigation in accordance with the principles and procedures in effect at the Office of the Privacy Commissioner.

3.2 The Contractor will ensure that it is not in any actual or perceived conflict of interest during the conduct of the Work. If the Contractor identifies that any actual or perceived conflict of interest exists, it will immediately cease Work on the specific file and bring the conflict to the attention of the Project Authority, or the Project Authority’s delegate at the Office.

3.3 The Contractor will only visit the premises or operations of an organization, government institution, their appointed representative(s), trade association or other body, in the performance of the investigative services described in this Work, where the visit has been pre-approved by the Project Authority, or the Project Authority’s delegate at the Office.

3.4 In the event that the Contractor receives a written complaint from a complainant, organization, government institution, or their appointed representative(s), regarding the Contractor’s conduct of an investigation, the Contractor will bring the complaint to the prompt attention of the Project Authority, or his/her delegate at the Office and will cooperate with the Office in any subsequent

4. OTHER RELATED REQUIREMENTS

4.1 The Contractor will use the appropriate Official Language to provide the investigative services described in the Work.

4.2 The Contractor will be required to obtain and maintain the minimum security clearance (Enhanced Reliability) required for the conduct of the Work.

4.3 The Contractor will be required to use appropriate encryption, or other means of secure communication link, for written communications generated during the conduct of the Work, as agreed with the Office.

4.4 The Contractor will maintain a secure working environment and ensure the safe custody, segregation and security of all files assigned by this Office during the conduct of the Work (whether hard-copy or electronic based), consistent with a federal government rating of Protected B.

4.5 The Contractor will restrict access to all records it receives and/or creates to its personnel working at the Contractor’s business premises who need to access records related to the performance of the Work, unless otherwise authorized by the Project Authority.

4.6 The Contractor will use and maintain a document management system, or process, to track the location, version and status of documents generated during the conduct of the Work.

4.7 The Office will not be responsible for the payment of the Contractor’s travel and living expenses in the performance of the investigative services described in the Work, unless the expenses are pre-approved by the

5. DELIVERABLES

The Contractor will provide the Office with the following deliverables:

5.1 Draft and issue an acknowledgement letter to the complainant and a notification letter to the respondent organization, or their appointed representative(s), for each assigned file;

5.2 Draft correspondence in support of “settled during the course of investigation”, “discontinued” or “early resolution” dispositions, as applicable, for review and approval;

5.3 Issue the approved final correspondence, on behalf of the Office, in support of “settled during the course of investigation”, “discontinued” or “early resolution” dispositions, consistent with paragraph 2.2;

5.4 Draft correspondence in support of a “no jurisdiction” disposition, as applicable, for review and approval;

5.5 For other dispositions, draft an internal Investigator’s Report for review and approval, before drafting a preliminary report of investigation or report of findings;

5.6 For other dispositions, draft preliminary reports of investigation (complainant and respondent versions) and/or draft report of findings, as required, for review and approval;

5.7 For other dispositions, draft revised preliminary reports of investigation (complainant and respondent versions) and/or revised draft report of findings, as required;

5.8 A record summarizing all activities undertaken in performance of the complaint file; and

5.9 Regular updates on the status of the investigation. All records provided to the Contractor by the Office and all documents created by the Contractor in furtherance of the Work will be returned to the Office within ninety (90) days of the completion of the file, or the end date of the Work specified in the contract, whichever is the earliest, or at the direct request of the Office. All such records will be returned in a safe and secure manner, agreed between the Contractor and the Office.

ANNEX “B” – Financial Proposal and Resulting Basis of Payment

The Bidder must complete this pricing schedule and include it in its financial bid.

The pricing must be provided as a per diem rate, to be pro-rated on the basis of 7.5 hours/day.

The firm unit rate is to be exclusive of the Harmonized Sales Tax (HST). Such amounts will be added as applicable upon award of the contract.

NOTE: Financial Limitations
The OPC has established a ceiling price for the services based on its available financial resources.
The OPC reserves the right to negotiate the per diem rate with the winning bidder based on the experience of the contractor or resource.

Pricing Schedule

Investigation Services

Resource name		Proposed per diem rate (HST extra)
Resource 1		$

All prices are to be quoted in Canadian funds not including HST.