1-6594 RFP - Modern Intranet Packaged Solution.pdf

REQUEST FOR PROPOSALS

FOR

Modern Intranet Packaged Solution

For the Government of Prince Edward Island, as represented by the Minister of Finance

Request for Proposal Number: 6594

Date Issued: August 26, 2025

Submission Deadline: September 25, 2025

Table of Contents Part 1 – Invitation and Submission Instructions

1.1 Invitation to Proponents

1.2 RFP Contacts

1.3 Type of Contract for Deliverables

1.4 RFP Timetable

1.5 Privacy, Security and Confidentiality Agreement (PSCA)

1.6 Submission of Proposals

1.6.1 Proposals to be Submitted at the Prescribed Location

1.6.2 Proposals to be Submitted on Time

1.6.3 Proposals to be submitted in Prescribed Format

1.6.4 Amendment of Proposals Prior to Submission Deadline

1.6.5 Withdrawal of Proposals

1.6.6 Proposals Irrevocable after Submission Deadline

Part 2 – Evaluation of Proposals

2.1 Stages of Evaluation

2.2 Stage I – Adherence to the Mandatory Submission Requirements

2.2.1 No Amendment to Forms

2.2.2 Attachment 2 – Submission Form

2.2.3 Attachment 3 – Rated Criteria

2.2.4 Attachment 4 – Financial Response

2.3 Stage II – Evaluation of Requirements, Presentations, and Reference Checks

2.4 Stage III – Pricing

2.5 Stage IV - Selection of Highest Scoring Proponent

2.6 Notification to Other Proponents

Part 3 – Terms and Conditions of the RFP Process

3.1 General Information and Instructions

3.2 Business Registration

3.3 Communication after Issuance of RFP

3.4 Execution of Agreement, Notification and Debriefing

3.5 Conflict of Interest and Prohibited Conduct

3.6 Confidential Information

3.7 Reserved Rights, Limitation of Liability and Governing Law

3.8 Participation of Eligible Public Sector Entities

Appendix A – Form of Agreement

Appendix B – Submission Form

B.1 Proponent Information

B.2 Offer

B.3 Mandatory Submission Requirements

B.4 Pricing

B.5 Addenda

B.6 No Prohibited Conduct

B.7 Proposal Irrevocable

B.8. Disclosure of Information

B.9 Acceptance of Processes, Terms, and Conditions

B.10 Conflict of Interest

B.11 Declaration by Primary Proponent

B.12 Declaration of Contract Intentions

B.13 Execution of Agreement

Appendix C – Financial Response

C.1 Financial Response Forms

C.2 Evaluation of Pricing

C.3 Pricing form

C.4 Fixed Cost – Time and Materials for Initial Contract Period

C.5 Per Diem Rates

C.6 Travel and Project Expenses

C.7 Other Expenses

Appendix D – RFP Deliverables

D.1 Summary of Project

D.2 Project Scope

D.3 Project Deliverables

D.4 Project Schedule, Contract Period, and Primary Work Location

D.5 Out of Scope

Appendix E – Rated Criteria Instructions

E.1 General instructions

E.2 Material Disclosures

E.3 Attachment 3 – Rated Criteria E.3.1 Mandatory Requirements E.3.2 Technical Requirements E.3.3 Solution Requirements E.3.4 Project Plan and Summary E.3.5 Expertise & References

Definitions

In this Request for Proposal, the following definitions apply:

Cloud means applications and computing resources made available on the Internet and managed by third-party providers, allowing organizations to make use of infrastructure, platforms, technologies, software and more without requiring physical hardware.

Contract, Agreement means the written agreement resulting from this Request for Proposals executed by the Province and the Contractor and as further defined in the Form of Agreement (Appendix A) of this

RFP;

Contractor means the successful Proponent to this Request for Proposals who enters into a written

Contract with the Province. “Fiscal Year” means the 12-month period beginning April 1 and ending March

31.

Fiscal Year means the 12-month period beginning April 1 and ending March 31;

Full Service is having all of the functionality available.

Hosted refers to software that is installed, stored/managed, and accessed from remote servers or locations. Hosted software is managed by the software manufacturer or a third-party vendor. Users can access it thought the Internet.

Internal System Users are all internal end users of the system (Recruiters, Hiring Managers, HR Managers, HR Officers, Admin Staff, Executives, etc.).

ITSS or IT Shared Services is a division of the Department of Finance within the Government of PEI that centrally manages the operation of the computer systems and infrastructure; the planning, development and implementation of new information technology initiatives; and the coordination of IT and information management for Government;

Must, shall, ‘required, or mandatory means a requirement that has to be fully met in order for a proposal to receive consideration;

On-Premise is a license and usage model for software that is installed and run in an organization’s own IT environment.

On-site refers to work that is required to be completed at Province of PEI business locations;

PEI means Prince Edward Island;

Personal Information, Personal Data, Personally Identifiable Information (PII) refers to any information that can determine a person's identity by itself or with other relevant data. The information can be direct, such as your full name, mailing address, email address, phone number, Social Insurance Number, or driver’s license, or indirect, such as your financial information or medical records and is considered sensitive and should be protected from unauthorized access or disclosure.

Prince Edward Island Tendering Site means https://www.princeedwardisland.ca/en/tenders;

Project Team means a cross-functional team comprised of representatives from ITSS, and other contributors;

Proponent, Respondent or Vendor means an individual or a company that submits, or intends to submit, a proposal in response to this Request for Proposals (RFP);

Proposal, proposal, Response, response, Bid, or bid means a response to this RFP submitted to the

Province by a Proponent;

Province or Government means the Government of Prince Edward Island and includes the Minister;

Records management, also known as records and information management, is an organizational function devoted to the management of information in an organization throughout its life cycle, from the time of creation or receipt to its eventual disposition. This includes identifying, classifying, storing, securing, retrieving, tracking and destroying or permanently preserving records.

Request for Proposals or RFP means the process described in the contents of this proposal;

Should, preferred, or desirable means a requirement having a significant degree of importance to the objectives of the Request for Proposals;

Software licensing describes the legal rights pertaining to the authorized use of digital material. Failure to adhere to software license agreement terms often incurs criminal charges related to licensed intellectual property (IP) and copyrighted material;

Solution, Services, Work, or System means all services, scope of work and deliverables to be provided by a Proponent as described in the RFP and includes services ancillary to the development of the solution, such as installation, commissioning, integration with existing systems, provision of technical assistance, training, certifications, auditing and other obligation of the Supplier covered under the RFP;

https://www.princeedwardisland.ca/en/tenders https://en.wikipedia.org/wiki/Information_management https://en.wikipedia.org/wiki/Records_life-cycle

Part 1 – Invitation and Submission Instructions

1.1 Invitation to Proponents

This Request for Proposals (the “RFP”) is an invitation by the Province Prince Edward Island (“the

“Province”) to prospective Proponents to submit proposals for the provision of Modern Intranet

Packaged Solution (the “Solution”), that meets the Province’s requirements as further described in the

Appendix D – RFP Particulars (the “Deliverables”) and the RFP attachments.

The Province is responsible for health and social services, education, economic development, labour legislation and civil law. The Province currently employs approximately 12,300 provincial government employees and health employees. The Province has in-office, remote, and hybrid workers. There is potential, but no confirmation that at a future time, Educational Boards or other Crowns and Agencies may participate which include approximately 5,300 additional employees.

The Province is initiating a project to establish a modern intranet, leveraging the Province’s workplace productivity and collaboration tools. A modern intranet should provide a work hub that fully supports the daily work of all types of human resources and work arrangements.

The Province’s current intranet was implemented over 20+ years ago, making it legacy in terms of modern functionality. Due to its aged look, there may be a perception that it is out of date so it may not be promoted as a ‘source of truth’ for information and communications. The purpose of the Modern

Intranet project is to implement a modern platform to replace the legacy intranet.

The successful Proponent must provide an experienced team to complete the following:

• Implementation of the Solution for the Province’s departments and Health PEI;

• Support for two (2) pilot implementations, one for a core Government department and one for Health PEI;

• Provision of professional services, including but not limited to:

o Administrator, content owner, and user training;

o Support for the development of roll-out and communication plans;

o Support for the development of user interface design best practices;

o System installation and configuration;

o Support for content migration from existing legacy intranets and network drives;

o Assistance with the development of governance and administrative policies; and o Regular status updates throughout the project, including the identification of potential impediments to project success.

• Provision of documentation and support materials; and

• On-going support, maintenance, and training.

1.2 RFP Contacts

For the purposes of this procurement process, the “RFP Contacts” shall be:

Melanie Barlow

Procurement Officer

Finance / Office of the Comptroller mcbarlow@gov.pe.ca

Marilyn Campbell

Project Manager

Finance / IT Shared Services mtcampbell@gov.pe.ca

Proponents and their representatives are not permitted to contact any employees, officers, agents, elected or appointed officials or other representatives of the Province, other than the RFP Contacts or their designate, concerning this RFP. Failure to adhere to this rule may result in the disqualification of the Proponent and the rejection of the Proponent’s proposal. All communication is to be forwarded to the RFP Contacts through the Euna Procurement Portal’s Question Section “Ask a question.” Please note the question cutoff date and time. Do not e-mail the contacts to their personal e-mail addresses other than for the PSCA process as identified in Section 1.5.

1.3 Type of Contract for Deliverables

The selected Proponent will be required to enter into an agreement with the Province for the provision of the Deliverables as outlined in Appendix A – Form of Agreement (the “Agreement”) of this RFP.

The initial term of the agreement will be for a period of three (3) year(s). The Province reserves the right to extend the agreement for two (2) extensions of one (1) year each beyond the initial term, for an overall potential maximum of five (5) years in total.

1.4 RFP Timetable

Issue Date of RFP August 26, 2025

Deadline for Questions September 11, 2025 @ 4:00 PM ADT (Local PEI Time)

Deadline for Issuing Addenda September 18, 2025

RFP Submission Deadline September 25, 2025 @ 2:00 PM ADT (Local PEI Time)

Proponent Presentations October 10, 2025

Award to Successful Proponent October 24, 2025

Anticipated Execution of Agreement November 3, 2025

The RFP timetable is tentative only and may be changed by the Province at any time.

1.5 Privacy, Security and Confidentiality Agreement (PSCA)

The Province has deemed certain information pertaining to questions in Attachment 3 – Rated Criteria confidential and sensitive in nature. Proponents wishing to obtain access to the confidential and sensitive information MUST properly execute Attachment 1 – Privacy Standards, Security, and Confidentiality Agreement (the “PSCA”) and return a properly executed copy of the PSCA to the Province. The PSCA is only to be signed by a duly authorized representative of the Proponent, with the authority to enter into an agreement on the Proponent’s behalf. Upon properly executing the PSCA and returning a copy to the Province, the Proponent will receive Attachment 5 – Confidential Standards and Technical Information via secure transfer.

The Province will NOT accept alterations to the PSCA and will NOT entertain requests to execute alternative agreements for the release of this information.

Proponents who do not properly execute the PSCA WILL NOT be granted access to the confidential and sensitive information. In the event a Proponent does not wish to execute the “PSCA”, the Proponent may still submit a response to this proposal. Proponents who choose this route, however, MUST be aware that they will be submitting responses without all available information and will have their response evaluated as if they had been granted access to the confidential and sensitive information. The response will be evaluated on all the information that could have been available to the Proponent had they properly executed the PSCA.

Proponents are to submit the properly executed PSCA to the designated contact via email:

Name Marilyn Campbell Position Project Manager Email mtcampbell@gov.pe.ca

1.6 Submission of Proposals

1.6.1 Proposals to be Submitted at the Prescribed Location

THE EUNA PROCUREMENT PORTAL ONLY. DO NOT FORWARD YOUR RESPONSE

DIRECTLY TO THE RFP CONTACTS.

1.6.2 Proposals to be Submitted on Time

Proposals must be submitted to the email address as outlined in Section 1.6.1 Proposals to be Submitted at the Prescribed Location on or before the Submission Deadline as indicated in Section 1.4 – RFP

Timetable. The Proponent is solely responsible for the submission of its proposal to the exact location indicated in this RFP on or before the Submission Deadline. The Province does not accept any responsibility for proposals e-mailed to any e-mail location by the Proponent or its delivery agents.

Proponents are cautioned that the timing of their tender submission is based on when the submission is RECEIVED by Euna Procurement Portal’s Bidding System, not when a submission is submitted, as submission transmission can be delayed due to file transfer size, transmission speed, etc. It is recommended that sufficient time to complete your Tender Submission is given. The closing time and date shall be determined by the Euna Procurement Portal’s web clock and shall be deemed to be correct.

Late submissions are not permitted by the Euna Procurement Portal.

1.6.3 Proposals to be submitted in Prescribed Format

Proposals to be submitted in the prescribed format within the Euna Procurement Portal. .

The proposals MUST contain the following documents:

• Attachment 2 – Submission Form

• Attachment 3 – Rated Criteria

• Attachment 4 – Financial Response mailto:mtcampbell@gov.pe.ca

Except where identified, all attachments are to be completed in their original format as per the instructions contained in this RFP and in the corresponding attachments.

Financial information is not to be included in any submission items other than the Attachment 4 –

Financial Response.

The Province will not accept proposals submitted by e-mail, facsimile transfer, courier, mail, hand delivery or any other electronic means.

Unless specifically requested in this solicitation document, Proponents should not submit product catalogues or other marketing materials with their proposal.

1.6.4 Amendment of Proposals Prior to Submission Deadline

Proponents may amend their proposals prior to the Submission Deadline by retrieving that part of their submission, complete the changes and resubmit in the Euna Procurement Portal. Any amendments attempted after the Submission Deadline & Time will not be permitted by the Euna Procurement Portal.

1.6.5 Withdrawal of Proposals

Proponents may withdraw their proposals prior to the Submission Deadline. To withdraw a proposal, a

Proponent must withdraw their proposal prior to the Submission Deadline and Time. The Euna

Procurement Portal will not allow a Proponent to withdraw their proposal after the Closing Date & time.

1.6.6 Proposals Irrevocable after Submission Deadline

Proposals shall be irrevocable for a period of One hundred and eighty (180) days from the Submission

Deadline.

[End of Part 1]

Part 2 – Evaluation of Proposals

2.1 Stages of Evaluation

The Province will conduct the evaluation of proposals in the following stages:

Stage I Adherence to the Mandatory Submission Requirements

Stage II Evaluation of Requirements, Presentations, and Reference Checks

Stage III Evaluation of Pricing

Stage IV Selection of Highest Scoring Proponent

2.2 Stage I – Adherence to the Mandatory Submission Requirements

Stage I will consist of a review to determine which proposals comply with all of the Mandatory

Submission requirements. Proposals that do not comply with all of the Mandatory Submission

Requirements as of the Submission Deadline will be disqualified and not evaluated further.

The Mandatory Submission Requirements are as follows:

• No Amendment to Forms

• Attachment 2 – Submission Form

• Attachment 3 – Rated Criteria

• Attachment 4 – Financial Response; and

• Submission of one proposal per platform (on-premise, cloud, Hybrid Cloud, Hybrid Cloud & On-

Premise, hosted)

2.2.1 No Amendment to Forms

Other than inserting the information requested on the mandatory submission forms set out in the RFP and Attachment 1 – Privacy, Security, and Confidentiality Agreement, a Proponent may not make any changes to any of the forms. Any proposal containing any such changes, whether on the face of the form or elsewhere in the proposal, will be disqualified.

2.2.2 Attachment 2 – Submission Form

Each proposal must include a completed Attachment 2 – Submission Form signed by an authorized representative of the Proponent. Signatures must be wet, digital, or a scanned copy of a wet signature.

2.2.3 Attachment 3 – Rated Criteria

Each proposal must include Attachment 3 – Rated Criteria completed according to the instructions contained in this RFP, Attachment 3 – Rated Criteria, and Appendix D – RFP Deliverables of the RFP.

2.2.4 Attachment 4 – Financial Response

Each proposal must include Attachment 4 – Financial Response completed according to the instructions contained in this RFP, Attachment 4 – Financial Response, and Appendix C – Financial Response of the

RFP.

2.3 Stage II – Evaluation of Requirements, Presentations, and Reference Checks

Stage II will consist of the following two sub-stages:

• Evaluation of Mandatory Requirements; and

• Evaluation of Rated Criteria

Unless otherwise noted, all requirements documents are to be returned in the original template format provided.

2.3.1 Mandatory Requirements

The Province will review the proposals to determine whether the Mandatory Solution and Mandatory

Technical requirements as set out in the Mandatory Requirements tab of Attachment 3 – Rated Criteria have been met.

Questions or queries on the part of the Province as to whether a proposal has met the rated requirements will be subject to the verification and clarification process set out in Part 3 – Terms and

Conditions of the RFP Process, Section 3.3.4.

If the Proponent fails to satisfy the Mandatory Requirements, its proposal will be excluded from further consideration.

2.3.2 Rated Criteria

The Province will evaluate each compliant proposal on the basis of the rated criteria as set out in this

RFP and Attachment 3 – Rated Criteria.

The table below is an overview of the categories and weighting for the rated criteria of the RFP.

Proponents who do not meet a minimum threshold score in any of the rated criteria categories listed below will be excluded from further consideration immediately. Each Proponent’s proposal is given points for the Proponent’s responses to Attachment 3 – Rated Criteria, as described in the table below.

Proponents must obtain a minimum for each category in Stage II before a Proponent will move on to Stage III. Proponents failing to obtain the meet the minimum threshold in Stage II will not have the Proponent’s Attachment 4 – Financial Response evaluated.

Rated Criteria Category Weighting (Points) Minimum Threshold

Mandatory Requirements Pass/Fail Pass Attachment 3 – Rated Criteria - Technical Requirements 20 points 14.0 points Attachment 3 – Rated Criteria - Solution Requirements 25 points 17.5 points Attachment 3 – Rated Criteria - Project Plan & Summary 10 points 7.0 points Attachment 3 – Rated Criteria - Expertise & References 15 points 10.5 points Total Points 70 Points

2.3.3 Presentations for Shortlisted Proponents

The Province will invite, the highest ranking Proponents, who achieve the minimum qualifying score in

Stage II, to an oral presentation (“Presentation”). All of the Proponent’s costs associated with participation in oral discussions and system demonstrations conducted for the Province are the

Proponent’s sole responsibility. The purposes of the Presentation are as follows:

1. To provide the Proponent the opportunity to demonstrate its Proposal for provision of the

Solution and project approach;

2. To discuss/clarify any and all aspects of the Technical Proposal, in particular the proposed

Solution, cost model options, approach/methodologies, implementation process, schedule, staffing of the contract, ongoing support of the Solution, and other applicable professional services;

3. To allow the Province to meet the Proponent's key personnel and for these personnel to convey directly their experience and expertise in the proposed Solution and its implementation; and

4. To provide an opportunity to clarify the scope of services for the intended contract and discuss any items addressed in the Technical Proposal that may require additional clarification.

The format of the Presentation will be informal. The Province does not want a sales presentation by executives and business development staff; rather, the Province is requesting a demonstration of the proposed Solution and project approach, and an interactive discussion with each of the shortlisted

Proponents.

It is important that those key personnel who are proposed to be assigned to the Province fully participate in the Presentation and discussion. Ample time will be available for the Province and the

Proponent to ask questions and discuss issues and concerns related to the proposal, the scope of the services, and the Proponent’s capabilities and qualifications. The Proponent’s personnel that will answer any questions shall be technically qualified to respond to questions related to the proposed Solution and its components.

The Province anticipates that the Presentation may be up to 120 minutes in length. The focus of the presentation should be on system functionality and user experience elements. Presentations will be recorded by the Province for review and feedback. Each Proponent invited for a Presentation will be required to have the following key personnel attend the session at the Province’s offices Charlottetown, PEI or via remote conference:

a) Dedicated Account Representative (Primary point of contact to be assigned to ITSS for contract);

b) If known, Project Manager; and

c) If known, Solution Architect and/ or other technical subject matter experts (SME).

Following the Presentation, additional follow-up or clarification documentation may be requested of each Proponent.

After the Presentation, the Province’s evaluation team will update their rated criteria marking based on a more robust understanding of the Proponent’s proposal.

2.3.4 Proponent Reference Checks

The Proponent shall list at least three references as required in Expertise and References tab in the

Attachment 3 – Rated Criteria. Province may contact three of the provided references for each of the highest rated Proponents. The references shall have engaged the Proponent for work completed within the past three years that is similar in nature to the requirements defined within this RFP and its attachments. Ideally, references should be government organizations that are comparable in size and business scope to the Province and present within North America.

The Province will contact references to identify the size of the project conducted, as well as the extent of the Proponent’s previous experience, the reference’s overall satisfaction with the services and the results achieved, and the Proponent’s adherence to interim and final deadlines. The Proponent must be able to identify both a business and technical contact for each reference.

Based upon the results of the reference checks, the Province may revisit and adjust the scores initially applied in previous stages.

2.4 Stage III – Pricing

Pricing is worth 30% of the total score.

Stage III will consist of scoring the submitted financial response submission as set out in this RFP, Appendix C, and Attachment 4 – Financial Response. The evaluation of price will be undertaken after

Stage II has been successfully completed.

Proponents who do not comply with and/or do not meet the minimum threshold score for criteria noted in Stages I and II of the RFP, will not have their Attachment 4 – Financial Response evaluated.

Proponents financial responses will be evaluated using the Implementation Cost and the Total Cost of

Ownership (TCO) over a five (5) year period as set out in Section 1.3.

2.5 Stage IV - Selection of Highest Scoring Proponent

After the completion of Stage III, all scores from Stage II and Stage III will be added together and each

Proponent will be ranked based on its total score.

The Proponent with the highest score will be selected to enter into the Agreement in accordance with the Part 3 – Terms and Conditions of the RFP Process. Upon finalization of the Agreement with the

Province, the Proponent shall thereafter be known as the successful Proponent.

2.6 Notification to Other Proponents

Once an agreement is finalized and executed by the Province with the successful Proponent, the other

Proponents will be notified in accordance with the Part 3 – Terms and Conditions of the RFP Process.

[End of Part 2]

Part 3 – Terms and Conditions of the RFP Process

3.1 General Information and Instructions

3.1.1 RFP Incorporated into Proposal

All of the provisions of this RFP are deemed to be accepted by each Proponent and incorporated into each Proponent’s proposal. A Proponent who submits conditions, options, variations or contingent statements inconsistent with the terms set out in this RFP, including the terms of the Agreement in

Appendix A, either as part of its proposal or after receiving notice of selection, will be disqualified.

3.1.2 Proponents not to change terminology

Changes to the terminology of this RFP are prohibited.

3.1.3 Proponents to Follow Instructions

Proponents should structure their proposals in accordance with the instructions in the Euna

Procurement Portal. Where information is requested in this RFP, any response made in a proposal should reference the applicable section numbers of this RFP.

3.1.4 Language

All proposals are to be in English, or both English and French. If there is a conflict or inconsistency between the English version and the French version of the proposal, the English version of the proposal shall prevail.

3.1.5 No Incorporation by Reference

The entire content of the Proponent’s proposal should be submitted in the prescribed format within the

Euna Procurement Portal, and the content of websites or other external documents referred to in the

Proponent’s proposal but not attached will not be considered to form part of its proposal.

3.1.6 References and Past Performance

In the evaluation process, the Province may include information provided by the Proponent’s references and may also consider the Proponent’s past performance or conduct on previous contracts with the

Province.

3.1.7 Information in RFP Only an Estimate

The Province makes no representation, warranty or guarantee as to the accuracy of the information contained in this RFP, received from the RFP contact or issued by way of addenda. Any quantities shown or data, or opinion contained in this RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to Proponents the general scale and scope of the Deliverables. It is the

Proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this RFP.

3.1.8 Proponents to Bear Their Own Costs

The Proponent shall bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews, presentations or demonstrations.

3.1.9 Proposal to be retained by the Province

The Province will not return the proposal, or any accompanying documentation submitted by a

Proponent.

3.1.10 No Guarantee of Volume of Work or Exclusivity of Contract

The Province makes no guarantee of the value or volume of work to be assigned to the successful

Proponent. The agreement to be negotiated with the selected Proponent will not be an exclusive contract for the provision of the described Deliverables. The Province may contract with others for goods and services the same as, or similar to, the Deliverables or may obtain such goods and services from resources within the Province.

3.1.11 Declaration of Contract Intentions

As outlined in Section B.12 of Attachment 2 – Submission Form, the Proponent must prepare a declaration of its intentions regarding the terms of the Agreement (the “Declaration”). The Declaration should be included as part of your Section B.12 of Attachment 2 – Submission Form with your Proposal.

Failure to include a completed Declaration may be grounds for disqualification. If the Proponent wishes to request alterations to the Agreement Form (Appendix A – Form of Agreement), these alterations should be identified in the Declaration. The extent of the alterations to the Agreement Form (Appendix

A – Form of Agreement) will be taken into account when evaluating proposals. The Proponent who requests what, in the sole opinion of the Province, are multiple changes or is a major change to the

Agreement Form (Appendix A – Form of Agreement), risks having its score reduced. Therefore, requested alterations should reflect only those alterations that the Proponent considers to be vital to its proposal.

3.2 Business Registration

Proponents may be required to be registered to carry on business in accordance with applicable laws.

For information on the business registration requirements of the Consumer, Corporate and Financial

Services, Department of Justice and Public Safety, please consult:

https://www.princeedwardisland.ca/en/topic/business-name-registration

The status of a Proponent’s business registration does not preclude the submission of a proposal in response to this RFP. A proposal can be accepted for evaluation, regardless of (i) whether the company is registered, or (ii) whether its business registration is in good standing. However, if the Proponent is selected as the successful Proponent, that Proponent must bring itself into compliance prior to the execution of the Agreement.

3.3 Communication after Issuance of RFP

3.3.1 Proponents to Review RFP

Proponents shall promptly examine all of the documents comprising this RFP, and report any errors, omissions, or ambiguities; and direct questions or seek additional information in writing to the RFP

Contact through the Euna Procurement Portal Question Section “Ask a question.” Please note the https://www.princeedwardisland.ca/en/topic/business-name-registration question cutoff date and time. No such communications are to be directed to anyone other than the RFP

Contact. The Province is under no obligation to provide additional information, and the Province will not be responsible for any information provided by or obtained from any source other than the RFP Contact.

It is the responsibility of the Proponent to seek clarification from the RFP Contact on any matter it considers to be unclear. The Province will not be responsible for any misunderstanding on the part of the Proponent concerning this RFP or its process.

3.3.2 All New Information to Proponents by Way of Addenda

This RFP may be amended only by addendum in accordance with this section. If the Province, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated by addendum on the Euna Procurement Portal. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the Province and will be deemed to have read all posted addenda.

3.3.3 Post-Deadline Addenda and Extension of Submission Deadline

If the Province determines that it is necessary to issue an addendum after the Deadline for Issuing

Addenda, the Province may extend the Submission Deadline for a reasonable period of time.

3.3.4 Verify and Clarify

During the evaluation process, the Province may request further information from the Proponent or third parties in order to verify or clarify the information provided in the Proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the mandatory technical requirements set out in the RFP Particulars (Appendix D – RFP Deliverables). The Province may revisit and re-evaluate the Proponent’s response or ranking on the basis of any such information.

3.4 Execution of Agreement, Notification and Debriefing

3.4.1 Selection of Proponent and Execution of Agreement

The Province will notify the selected Proponent in writing. The selected Proponent shall execute the

Agreement in the form attached as Appendix A – Form of Agreement to this RFP and satisfy any other applicable conditions of this RFP within fifteen (15) days of notice of selection.

3.4.2 Failure to Enter into Agreement

In addition to all of the Province’s other remedies, if a selected Proponent fails to execute the

Agreement or satisfy any other applicable conditions within fifteen (15) days of notice of selection, the

Province may, in its sole and absolute discretion and without incurring any liability, withdraw the selection of that Proponent and proceed with the selection of another Proponent or cancel the RFP

Process.

3.4.3 Notification of Outcome of Procurement Process

Once an agreement is executed by the Province with a Proponent, notification of the outcome of the

Procurement process will be posted on the Euna Procurement Portal and the Prince Edward Island

Tendering Site.

3.4.4 Debriefing

Proponents may request a debriefing after notification of the outcome of the procurement process. All requests must be in writing to the RFP Contact and must be made within sixty (60) days of notification of the outcome of the procurement process. The intent of the debriefing information session is to aid the

Proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome.

3.5 Conflict of Interest and Prohibited Conduct

3.5.1 Conflict of Interest

The Province may disqualify a Proponent for any conduct, situation or circumstance, determined by the

Province, in its sole and absolute discretion, to constitute a Conflict of Interest. For the purposes of this

Section, “Conflict of Interest” has the meaning ascribed to it in Section B.10 of Attachment 2 –

Submission Form.

3.5.2 Disqualification for Prohibited Conduct

The Province may disqualify a Proponent, or terminate an agreement entered into if the Province, in its sole and absolute discretion, determines that the Proponent has engaged in any conduct prohibited by this RFP.

3.5.3 Prohibited Proponent Communications

A Proponent shall not engage in any communications that could constitute a Conflict of Interest and must take note of the Conflict of Interest declaration set out in Section B.10 of the Attachment 2 –

Submission Form.

3.5.4 Proponent not to Communicate with Media

A Proponent may not at any time directly, or indirectly, communicate with the media in relation to this

RFP or any agreement entered into pursuant to this RFP without consent of the Province, and then only in coordination with the Province.

3.5.5 No Lobbying

A Proponent shall not, in relation to this RFP or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful Proponent.

3.5.6 Illegal or Unethical Conduct

Proponents shall not engage in any illegal business practices, including without limitation activities such as bid-rigging, price-fixing, bribery, fraud, coercion or collusion. Proponents shall not engage in any unethical conduct, including lobbying, as described above, or other inappropriate communications;

offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of the Province; submitting proposals containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process provided for in this RFP.

3.5.7 Rejection of Proposals

The Province may reject a proposal based on past performance or based on inappropriate conduct, including but not limited to the following:

(a) illegal or unethical conduct as described above;

(b) the refusal of the Proponent to honour its submitted pricing or other commitments;

(c) any conduct, situation or circumstance determined by the Province, in its sole and absolute discretion, to have constituted an undisclosed Conflict of Interest;

(d) the Province’s past experience with the Proponent within the 18 month period prior to the Submission Deadline for similar or related services; or

(e) any information provided to the Province by any references of the Proponent, pursuant to either section 3.1.6 or section 3.7.1(e) of this RFP.

3.6 Confidential Information

3.6.1 Confidential Information of the Province

All information provided by or obtained from the Province in any form in connection with this RFP either before or after the issuance of this RFP:

(a) is the sole property of the Province and must be treated as confidential;

(b) is not to be used for any purpose other than replying to this RFP and the performance of the agreement for the Deliverables;

(c) must not be disclosed without prior written authorization from the Province; and

(d) must be returned by the Proponent to the Province immediately upon request of the Province

3.6.2 Confidential Information of Proponent

A Proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the Province. The confidentiality of such information will be maintained by the Province, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the Province to advise or assist with the RFP process, including the evaluation of proposals.

Proponents are also advised that all documents forming part of the RFP process, including all submitted proposals, are subject to the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap.

F-15.01 (“FOIPP”). A copy of FOIPP is available online at:

https://www.princeedwardisland.ca/sites/default/files/legislation/f-15-01-freedom_of_information_and_protection_of_privacy_act.pdf

3.6.3 Personal Information

The Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01 (“FOIPP”) governs the collection, use and disclosure of personal information by the Province and its service providers. The successful Proponent shall be required to comply with all requirements of FOIPP during the term of the Agreement.

A copy of FOIPP is available online at:

https://www.princeedwardisland.ca/sites/default/files/legislation/f-15-01-freedom_of_information_and_protection_of_privacy_act.pdf

3.7 Reserved Rights, Limitation of Liability and Governing Law

3.7.1 Reserved Rights of the Province

The Province reserves the right to:

(a) make public the names of any or all Proponents;

(b) request written clarification in relation to a Proponent’s proposal;

(c) waive minor formalities that do not constitute Mandatory Submission requirements or Mandatory Technical requirements;

(d) verify with any Proponent or with a third party any information set out in a proposal;

(e) check references other than those provided by any Proponent;

(f) disqualify any Proponent whose proposal contains misrepresentations or any other inaccurate or misleading information;

(g) disqualify any Proponent or the proposal of any Proponent who has engaged in conduct prohibited by this RFP;

(h) amend this RFP process without liability at any time prior to the execution of a written agreement between the Province and a Proponent. These changes are issued by way of addendum in the manner set out in this RFP;

(i) cancel this RFP process without liability at any time prior to the execution of a written agreement between the Province and a Proponent. A cancellation is communicated by way of addendum in the manner set out in this RFP. The Province may in its sole discretion issue a new RFP for the same or similar Deliverables; or

(j) reject any or all proposals.

These reserved rights are in addition to any other express rights or any other rights that may be implied in the circumstances, or that the Province has at law.

3.7.2 Limitation of Liability

https://www.princeedwardisland.ca/sites/default/files/legislation/f-15-01-freedom_of_information_and_protection_of_privacy_act.pdf https://www.princeedwardisland.ca/sites/default/files/legislation/f-15-01-freedom_of_information_and_protection_of_privacy_act.pdf https://www.princeedwardisland.ca/sites/default/files/legislation/f-15-01-freedom_of_information_and_protection_of_privacy_act.pdf https://www.princeedwardisland.ca/sites/default/files/legislation/f-15-01-freedom_of_information_and_protection_of_privacy_act.pdf

By submitting a proposal, each Proponent agrees that:

(a) neither the Province nor any of its employees, officers, agents, elected or appointed officials, advisors or representatives will be liable, under any circumstances, for any claim arising out of this proposal process including but not limited to costs of preparation of the proposal, loss of profits, loss of opportunity or for any other claim; and

(b) the Proponent waives any claim for any compensation of any kind whatsoever, including claims for costs of preparation of the proposal, loss of profit or loss of opportunity by reason of the Province’s decision to not accept the proposal submitted by the Proponent, to enter into an agreement with any other Proponent or to cancel this proposal process, and the Proponent shall be deemed to have agreed to waive such right or claim.

3.7.3 Governing Law and Interpretation

These terms and conditions of the RFP Process (Part 3):

(a) are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision);

(b) are non-exhaustive and shall not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and

(c) are to be governed by and construed in accordance with the laws of the province of Prince Edward

Island and the federal laws of Canada applicable therein.

3.8 Participation of Eligible Public Sector Entities

By submitting a proposal in response to this RFP, a Proponent irrevocably undertake and agrees that if successful, and following execution of an agreement with the Province, it will make the specified goods and/or services available to any public sector entity eligible to participate in this procurement process upon request by a public sector entity seeking access to those goods and/or services, provided however, that the Proponent’s obligation to allow participation by other public sector entities does not extend to circumstances in which the Proponent would have to make capital or operational expenditures specifically in order to accommodate subsequent requests for goods or services by public sector entities.

The Proponent may only provide the goods and services specified under this RFP to additional entities by entering into a separate agreement with the new entity, which shall contain the following minimum terms:

a) Any agreement the successful Proponent enters into with an eligible public sector entity shall be on the same terms and conditions, including pricing and expiry date, contained in the agreement it enters into for the same goods and/or services with the Province under this RFP.

b) The Proponent and the other entity acknowledge and agree that the Province will not have any contractual or financial obligation or any other liability to either the Proponent or the other entity for any matter arising under the agreement or through the provision of goods and services specified in this RFP and, without limiting the foregoing, the Proponent and other entity acknowledge and agree that:

• The Province will not be liable or responsible for any act or omission of the other entity in relation to the other entity’s access to the provisions of goods or services under this

RFP;

• The other entity will make its own enquiries and satisfy itself as to the suitability of the

Proponent or its products or services for the other entity;

• The other entity will be responsible for obtaining its own professional advice, including its own independent legal advice, and for including any additional business and legal terms and conditions in the other entity’s agreement as may be necessary and appropriate in its specific circumstances; and

• The other entity will be responsible for its own contract administration with the

Proponent and will not direct any Proponent service issues that may arise to the

Province.

For the purposes of this section, a public sector entity means any provincial government or provincially funded entity in Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations.

[End of Part 3]

Appendix A – Form of Agreement

Sample Contract

MEMORANDUM OF AGREEMENT

[INSERT NAME OF AGREEMENT HERE]

THIS AGREEMENT made this ________ day of _____________________, 20____.

BETWEEN: GOVERNMENT OF PRINCE EDWARD ISLAND, as represented by the Minister of ____________________________________________ , (hereinafter referred to as "Government")

OF THE FIRST PART;

AND: ________________________________________________________

of ______________________________________________________ in _______________ County, Province of _____________________ , (hereinafter referred to as the "Contractor”)

OF THE SECOND PART.

WHEREAS Government wishes to engage the services of the Contractor to carry out the services described in Schedule “A” attached hereto;

AND WHEREAS the Contractor has agreed to provide Government with these services on certain terms and conditions as more particularly set out in this Agreement;

NOW THEREFORE in consideration of the mutual promises contained in this Agreement, the Parties agree that the terms and conditions of their relationship are as follows:

Definitions

1. In this Agreement, the following definitions apply:

(a) “Agreement” means this Memorandum of Agreement and all attached schedules, and

“Memorandum of Agreement” means this Agreement excluding all attached schedules;

(b) “Contractor” means [INSERT CONTRACTOR’S FULL LEGAL NAME HERE];

(c) “Fiscal Year” means a 12 month period beginning on April 1st in a year and ending on

March 31st in the following year;

(d) “Government” means Government of Prince Edward Island, as represented by the

Minister of Finance;

(e) “Parties” means Government and the Contractor, and “Party” means either of them as the context requires;

(f) “Term” has the meaning provided in paragraph 3;

(g) “Work” has the meaning provided in paragraph 2.

Covenants of the Contractor and Government

2. The Contractor shall perform the services, assume all those responsibilities and diligently execute all those duties described in the attached Schedule "A" (the "Work"), in a manner satisfactory to

Government.

3. (a) Subject to the termination clause contained in the Termination section of this Agreement, the term of this Agreement shall commence on the _____ day of _____, 20__, and end on the _____ day of _____, 20__ (the “Term”).

(b) Subject to the termination clause contained in the Termination section of this Agreement and notwithstanding the date of signing of this Agreement, it is acknowledged by both

Parties that the Contractor commenced the performance of the Work on the _____ day of

_____, 20__. It is further agreed that the amount of $_______ is the maximum amount to be paid for the Work and includes all amounts which may be owed for the Work done since _____ day of _____, 20__.

Payments, Records and Accounts

4. Government shall make payments to the Contractor in the following manner:

(a) Payment for the Work shall be at the rate of $_______per hour, excluding taxes, but in no case shall the total payment exceed $_______;

OR

(a) Payment for the Work shall be a lump sum of $_______, excluding taxes, payable on the_____day of_____, 20__.

OR

(a) Payment for the work shall be by installments of $_______, excluding taxes, payable as follows [i.e. List dates (milestones) when payments will be made including amount to be paid on each date]

AND, IF APPLICABLE

(b) Government shall pay all expenses of the Contractor, exclusive of all taxes, up to a maximum of $_______, based on expenses actually incurred and verified by receipt.

(c) The payments described herein shall be paid upon the basis of the submission, by the

_____ day of _____, 20__, of a detailed statement together with all…