APracticalGuideon: HowtodoBusinessWiththe GovernmentoftheNorthwestTerritories TABLE OF CONTENTS Who We Are 2 What We Do 3 What We Follow and What Governs Us 5 Where to Find Out About Opportunities 7 Tips for Submitting Tenders or Proposals to the GNWT 8 What Happens after you Submit a Bid 13 Standing Offer Agreements 15 Exceptions 16 How to Market Yourself to the GNWT 17 1 2 Who We Are Located within the department of Public Works and Services, we are the Procurement Shared Services (PSS) Centre and our goal is to help you do business with the Government of the Northwest Territories (GNWT). By encouraging new vendors and improving the relationships we have with our current ones, residents of the Northwest Territories benefit from having a competitive territorial marketplace for goods and services, and businesses benefit from being able to fully take advantage of government procurement opportunities. Businesses of all sizes and types can be successful vendors with the GNWT and are essential to helping departments, boards and agencies achieve needs, goals and requirements to provide the best services possible to NWT residents. 3 What We Do The PSS Centre manages all government procurement and those of the NWT Housing Corporation estimated to be over $5,000 excluding construction contracts. The PSS Centre is also the central tender desk for construction projects for the departments of Public Works and Services and Transportation and the NWT Housing Corporation. In everything we do, we always aim to be fair, open and transparent. PSS provides the following services: Operate consolidated tender desks in Yellowknife, Inuvik, Hay River and Fort Smith where vendors can pick-up RFP and Tender packages and drop-off bids and proposals for all GNWT Procurements Respond to inquiries regarding open tenders and RFPs as well as general GNWT procurement questions Provide procurement training to GNWT employees so as to inform on how they can access procurement tools to help deliver programs and services Partner with the business community to provide workshops aimed at increasing successful northern participation in government procurement opportunities Provide strategic advice to client departments on large scale procurements Prepare, post and distribute RFP and Tender documents Advise on government procurement policies 4 Why We Operate the Way We do Procurement Shared Services delivers services to GNWT clients and the public in the spirit of the following three guiding principles: 1. Vendor Access is Fair, Open and Transparent Access for all vendors competing for government business must be open and the procurement process must be conducted in a fair and transparent manner, providing equal treatment to all vendors. Conflicts of interest, both real and perceived, must be avoided. 2. Achieve the Best Value for Money Goods and services must be acquired in an effective, efficient, economical and ethical manner. Our goal is to achieve the best value for the money we spend in accordance with all relevant policies and legislation. 3. Responsible Procurement Management The procurement of goods and services must be responsibly and effectively managed through appropriate organizational structures, systems, policies, processes and procedures. 5 What We Follow and What Governs Us The GNWT has made procurement commitments under three free trade agreements: The Agreement on Internal Trade The World Trade Organization Government Procurement Agreement The Comprehensive Economic and Trade Agreement of the European Union In accordance with these agreements, all contracts1valued at $25,000 or more for goods and $100,000 or more for services and construction are openly advertised. PSS, as the procurement arm of the GNWT, adheres to the Contract Regulations as set out in the NWT Financial Administration Act and the GNWT Procurement Guidelines2. In addition to the above mentioned free trade agreements and the guiding principles, the GNWT follows the following procedures: Vendors must have no conflicts of interest that may give them an unfair advantage when bidding on government procurement opportunities Departments are required to incorporate accessibility considerations as part of their procurement planning, and suppliers are required to comply with all relevant/applicable legislation, standards and regulations for accessibility Departments are required to consider official language requirements consistent with the NWT Official Languages Act and related standards and guidelines 1 The GNWT has a Sole Source Policy under (insert here) which can be used in limited circumstances to award contacts in excess of these values without openly advertising them 2 http://www.pws.gov.nt.ca/pdf/publications/ProcurementGuidelines09/0.3a%20Table%20of%20Contents.pdf 6 How does BIP work? The GNWT’s Business Incentive Policy (BIP) is an economic policy that applies to procurement contracts entered into directly by the GNWT. The BIP leverages government procurement dollars to maximize benefits for residents of the NWT by encouraging businesses that are owned and operated in the NWT to compete on GNWT procurement opportunities. For more information on the BIP, including how it is applied to Tenders and Requests for Proposals, contact the BIP Monitoring Office in the Department of Industry, Tourism and Investment (ITI) or visit the website: www.iti.gov.nt.ca/programs-services/business-incentive-policy Reporting: Our Commitment to a Fair, Open and Transparent Process ITI publishes a report on all GNWT contracts valued at over $5,000 on an annual basis. These annual reports are available online on the Publications page of the ITI website. Search the term “Contracts Over 5000” for more information. www.iti.gov.nt.ca/publications 7 Where to Find Out About Opportunities 1. Find Us Online Bidding information for contract opportunities over $5,000 is always available online. Ad notices include: a brief description of the contract opportunity, the closing date and location, and an email address and contact information so for all those interested to request documents. Check out the Contract Registry and Reporting System (CRRS), the GNWT’s internet-based electronic advertising services, by visiting www.contractregistry.nt.ca/ which is updated daily 2. Newspapers While procurement opportunities over $250,000 are always advertised in local and /or territorial newspapers in addition to CRRS, departments can also choose to advertise their procurement opportunities in newspapers to solicit bids and interest. 3. The NWT & Nunavut Construction Association’s Electronic Plans Room For construction tenders or Requests for Proposals, the GNWT sometimes uses the NWT & Nunavut Construction Association’s electronic plansroom to advertise construction contract opportunities and host bid packages. Contractors can register to view documents at no cost, and can download documents from the NWTCA website: www.nwtca.ca 4. Other Along with the methods listed above, other advertising methods may be used including placing/posting copies of CRRS advertisements in various locations throughout smaller communities. 8 Tips for Submitting Tenders or Proposals to the GNWT 1. Ask Questions! When submitting a tender or an RFP if you have any questions, or are unclear about something in the proposal or bid package – ask us! We want to make sure that every potential bidder has the best understanding and information possible. On every contract opportunity posting there is an email and telephone number depending on what region the contract is based in. *Be sure to ask your questions as soon as you have them; you can only ask questions up to a certain day before closing. This is to ensure that all questions and answers are shared with all potential bidders. Remember, for general questions you can always ask our Contract Administrators at the consolidated tender desk, by email or by giving them a call. If you have general questions about Procurement Shared Services or contracting in general which are not specific to a contracting opportunity, you can email [email protected] Yellowknife Hay River Government of the Northwest Territories Procurement Shared Services (PSS) Stuart Hodgson Bldg. 1st Floor, 5009 49th Street Yellowknife, NT X1A 2L9 Government of the Northwest Territories Procurement Shared Services (PSS) 301-76 Capital Drive 3rd Floor, B&R Rowe Bldg. Hay River, NT X0E 1G2 Fax: 867-920-4112 (Tender Only) Email: [email protected] Phone: 867-873-7230 Fort Smith Fax: 867-874-7014 Email: [email protected] Phone: 867-874-7003 Inuvik Government of the Northwest Territories Procurement Shared Services (PSS) 199 McDougal Rd. Fort Smith, NT X0E 0P0 Government of the Northwest Territories Procurement Shared Services (PSS) 106 Veteran’s Way Inuvik, NT X0E 0T0 Fax: 867-872-2195 Email: [email protected] Phone: 867-872-7411 Fax: 867-777-7109 Email: [email protected] Phone: 867-777-7146 9 2. Read and Follow Instructions and Formats For Tenders The ‘Instructions to Bidders’ section of the tender document must be followed carefully or you risk being disqualified. The GNWT must also follow these rules. If a vendor suggests an approach that is contrary to what is requested, the GNWT cannot consider it unless an addendum is issued to change the rules. If additional information is requested, include it in your bid package. We can only evaluate based on what is submitted and cannot make assumptions. If it is not in your tender or proposal, we cannot evaluate it. Respect the stated terms and conditions in the bid package. Any changes to these could make your bid non-compliant. Alternatives to the specifications are usually accepted but may need to be approved prior to submitting your bid. You may choose to submit one bid based on the specifications requested and then submit another using your suggested alternative. If forms are provided, use them! Failure to do so might make your bid noncompliant For Proposals Read The Proponent’s Guide: Responding to a Request for Proposals3. Address Every Point. Procurement documents will explain exactly what must be done to submit a compliant proposal in order to be considered for the contracting opportunity. It is up to you to ensure that your responses are compliant and competitive. Any use of the words “must” or “shall” are good indicators of what must be done. The GNWT is not allowed to make assumptions about your proposal; it can only evaluate based on the information provided. When preparing your proposal refer to the requirements and evaluation criteria from the RFP document as these are what we are looking to achieve. Mandatory requirements are evaluated objectively on a simple pass/fail basis. Respondents must meet ALL mandatory requirements in order to be compliant. When proposals are deemed non-compliant, they are not evaluated further. 3 http://www.pws.gov.nt.ca/pdf/publications/Proponents_Guide_October%202005.pdf 10 3. Submit on Time The closing date, time and location should all be provided on the bid or proposal and must be received prior to the closing time or the bid will be deemed non-compliant and will be disqualified. Hard copy bids should be in a sealed envelope with the name of the bidder and the name, number and closing time visible on the outside (time-stamp to be provided at the procurement desk upon submission). Faxed bids must be received in their entirety prior to closing time, and will be time stamped by PSS staff. It is the responsibility of the vendor to ensure that faxed submissions are received in their entirety before the closing time. *All vendors are encouraged to submit their bids as early as possible* 4. Pay Close Attention to Numbers Bidders Ensure that your prices are correct. Check the math when it comes to unit prices and extensions. Where there is an error, the unit price will prevail. The tender document will tell you when cost items will be considered in the financial evaluation. NO other costs will be considered. *Your bid submission should be clear of any changes to the specifications, terms or conditions. Any changes could be considered as a counter-offer and would disqualify your bid. For Proposals Explain your quoted price. You will usually be asked to provide a detailed breakdown of the quoted price in terms of its cost elements. The RFP document will tell you what cost items will be considered in the evaluation process. No other costs will be considered. 11 5. Additional Tips for Proposals Organize your proposal The procurement documents will tell you how to layout your proposal and how it will be evaluated. Make sure you review the general conditions and standard instructions, and follow the same format presented in the RFP. Make sure that you address all the mandatory requirements that are stated in the document. Describe how you would do the work This is your chance to show that you understand and can meet the requirements. Provide detailed responses to the specific evaluation requirements and describe how you would do the work if you were awarded the contract. *You may be asked to describe your understanding of the current state and need of the project, the objectives of the proposed work, the reason(s) for carrying it out as proposed, and the benefits that will be achieved. If this is requested, you would also identify any problems you anticipate during the project along with contingency plans. Do not include any pricing information in this section. Remember, if something isn’t clear ASK QUESTIONS! PSS is here to help, so send us an email, give us a call or stop in for a visit. Introduce your team You will usually have an opportunity to introduce your team and explain why they are the best people to do the work. Describe each team member and the part of the contract they will be working on/responsible for. Include a description of the education and experience of each team member. The same information should be provided for any subcontractor or subconsultant involved in the project proposal. 12 Key points to remember Organize your proposal so that it matched the sequence of the procurement document. Make your offer complete, concise and precise. Once you have drafted the project goals and objectives, check them against the priorities and requirements spelled out in the procurement document. Make sure the Mandatory Requirements are clearly identified and met. If your company has a track record of successful projects, or if it has won awards, mention them. Sell yourself and your company. Note the sections that carry the most evaluation points and provide responses accordingly. Put your logo or company name on each page so we can identify if it we take the proposal apart to compare similar sections in different proposals. Provide the number of copies we ask for in the RFP document. Sign the proposal document and attach it to make your proposal a legally binding offer. Be sure to adhere to the timelines provided, including the timeline for posing questions and the deadline for submitting the completed proposal. Follow all directions. If there is a page limit, adhere to it. If certain information is requested, provide it. Be sure to review addenda when you receive an addendum notification by email, and that any new information or requirements are included in your proposal. Have the response reviewed by others within your organization to ensure accuracy and completeness of the information provided. Deliver your tender to the location identified in the tender document before the closing date and time. Ask questions! We are here to help. 13 What Happens After You Submit a Bid Evaluation Tenders are evaluated by PSS specialists and are confirmed with the clients or contract authority. RFPs are evaluated by an evaluation committee made up of clients and users of the services, with a procurement specialist acting as an advisor to oversee the process to ensure all proposals are evaluated fairly. Finding Results The successful bidder is notified when a contract is awarded. Contract results are posted on the Contract Registry and Reporting System website which displays the names of all bidders, prices bid (only in the case of tenders), and the name and contract value of the successful bid or proposal. De-briefings are available for proposals upon request and are designed to explain where a specific proposal fell short. Payment Vendors working with the GNWT are typically paid in accordance with the terms of the contract, or after an invoice is received, whichever is later. Businesses that accept a GNWT purchasing card from a GNWT employee, either in person or over the phone, can expect to receive payment from the government promptly via the credit card bank. Vendors are also paid by cheque, or can register with the GNWT to receive electronic bank transfers. Vendors that are registered with the BIP office are paid within 20 days of receiving the invoice; vendors that are not BIP registered are paid within 30 days. 14 Entering Into a Contract Once a successful vendor is selected, a contract is required for all procurements. Typically the contract sets out responsibilities of the vendor and the purchaser. Contracts describe how the vendor’s performance will be evaluated and include a termination clause. Vendor Complaint Process The GNWT has a Vendor Complaint Process (VCP). The VCP is intended to provide access to a consistent, fair and timely process to deal with vendor complaints about the GNWT’s procurement process. The goal of the VCP is to identify how Procurement Shared Services and the GNWT can further improve how it manages its procurement processes. No compensation will be awarded to a complainant under the VCP. You can obtain a copy of the VCP by visiting the Public Works and Services website: www.pws.gov.nt.ca/publications/index.htm 15 Standing Offer Agreement (SOA) What is it? An SOA is a pricing arrangement, usually established through a Request for Proposals (RFP) or tender process advertised through the Contracts Opportunities section of the CRRS website. The goal of SOAs is to have a fair, open, transparent and competitive process that allows one or more vendors to offer specific goods or services to departments for a defined time period, with specific terms and conditions and pricing arrangements. These agreements allow departments to obtain commonly procured goods and services in a shorter timeframe than if they had to initiate the procurement process from scratch. A business who successfully bids on a SOA also benefits by increasing the odds that GNWT departments will access their services more often and eliminate the need to submit bids on a routine basis for work. SOAs are not contracts. They are pricing agreements that the government makes with suppliers or contractors to cover anticipated requirements over a defined period of time. They may be used in contracting for goods or services. There is no legal obligation incurred by the GNWT and the GNWT reserves the right to procure goods and services by any other means it deems appropriate including the use of other contracts, SOAs or any other contracting method. What are the Different Types? Exclusive SOAs are pricing agreements with specific terms and conditions that are established with one contractor to provide specific goods and/or services on an “As and When” and required basis under predetermined pricing. Non-Exclusive SOAs are pricing agreements with specific terms and conditions that may be established with multiple contractors to provide the same goods and/or services on an "As and When” and required basis under predetermined pricing. Generally the GNWT enters into non-exclusive SOAs. Under a non-exclusive SOA, work or provision of services is offered to the proponent with the highest rated proposal submission (RFP) or the lowest priced bid (tender) before being offered to other contractors in a ranked order. This is First Right of Refusal. 16 Exceptions Under the NWT Financial Management Act and Government Contract Regulations there are specific policies and instances where the general procurement rules outlined in this document do not need to be required. 1. Sole Source Contracting Sole source contracting with the GNWT, or contracting for goods or services outside of a competitive process (RFP or tender), is permitted when any of the following criteria exists: The goods and services are urgently required and delay would be injurious to the public interest; Only one party is available and capable of performing the contract; or The contract is valued at less than $5,000 or is for professional consulting services (i.e. Architectural or Engineering) valued at less than $25,000. 2. Northern Manufactured Products The GNWT has a Northern Manufactured Products policy which aims to promote the use of certified goods which are manufactured within the territory. In these instances, GNWT employees may approach a designated northern manufacturer and enter into a contract directly with them for goods and services. For more information on the Northern Manufactured Goods policy, visit the department Industry, Tourism and Investment’s website: www.iti.gov.nt.ca/programs-services/nwt-manufactured-products-policy 3. Conditions Certain procurements may require successful bidders and employees to undergo criminal records checks, or to provide bid or contract securities. All tender or RFP documents should be reviewed carefully for these special conditions. 17 What is the Best Way to Market Yourself to the GNWT? For procurements under $5,000 or professional (i.e. architectural and engineering) consulting services under $25,000, it is not necessary for departments to access goods and services through a public formal competitive process. In these cases departments can use an information invitational process to solicit bids. Create Awareness Be proactive in letting the public, greater business community and the GNWT know about the goods and services that you offer. This will improve your chances of being part of invitational procurement processes. Build Your Knowledge & Do Your Research Attend GNWT events and seminars where you can meet department and procurement staff and learn about their buying needs. Attending large project meetings is also a great way to learn about potential opportunities for your business to part of projects in your region. These events are a way to research, make contacts and market your services to others. Use Government Web Resources Go online and search GNWT websites to learn more about BIP, the Northern Manufactured Goods policy, or to look up contacts on the government’s telephone directory so as to speak to employees in departments whom you think might be able to benefit from what your business has to offer. You can also visit the department of Finance’s website to learn more about contracting regulations, policies and guidelines and access budget reports and main estimate reports to better understand what the needs of departments have been historically and might be in the coming year. Contact Us! If you have general questions about how you can make sure to qualify and improve your ability to bid on government contracting opportunities, contact Procurement Shared Services at [email protected]. 18
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