minor works construction contract v3

T409-0807

C. ARTICLES OF AGREEMENT C1. DEPARTMENTAL REPRESENTATIVE RICHARD BOURASSA Chief engineer (ARPT) 125 Sussex Drive Ottawa, Ontario Canada, K1A 0G2

Telephone: 613 954-0243 Mobile: 613 790-9272 Fax: 613 957-4301 E-mail: [email protected]

DRAFT

Engineering and Commissioning Services Task Authorization Contract Between Her Majesty the Queen in right of Canada (referred to herein as "Her Majesty") represented by the Minister of Foreign Affairs (referred to herein as the "Minister") and (INSERT FULL LEGAL NAME OF CONSULTANT) (INSERT ADDRESS OF CONSULTANT) (referred to herein as the "Consultant") for Performance of the Services described in Appendix “A” – Statement of Work

C2. TITLE MECHANICAL and ELECTRICAL ENGINEERING and COMMISSIONING SERVICES TASK AUTHORIZATION

C3. CONTRACT PERIOD Start: INSERT DATE End: INSERT DATE C4. CONTRACT NUMBER

C5. PROJECT NUMBER

N/A C6. DATE INSERT DATE

C7. CONTRACT DOCUMENTS 1. These Articles of Agreement 2. Supplementary Conditions (Section “I”) 3. Task Authorization Particulars Section “II”) 4. General Conditions (Section “III”) 5. Terms of Payment (Section “IV”) 6. Statement of Work (Appendix “A”) 7. Task Authorization Form (Appendix “B”) 8. War Zone Travel Waiver (Appendix “C”) 9. Former Public Servant Certification (Appendix “D”) 10. Travel Directive (Appendix “E”) 11. Geographic Locations (Appendix “F”) 12. The Proponent’s Proposal

In the event of discrepancies, inconsistencies or ambiguities of the wording of these documents, the document that appears first on the above list shall prevail.

C8. CONTRACT AMOUNT The maximum amount to be contracted under this Contract shall be up to $2,000,000 CAD - including any option periods which may be extended by Her Majesty. Individual Task Authorizations (TAs) issued in accordance with this Contract must not exceed $500,000 CAD

Payments shall be made in accordance with Section “IV” Terms of Payment.

C9. INVOICES Two (2) copies are to be sent to the Departmental Representative showing:

a. the amount of the progress payment being claimed for Services satisfactorily performed;

b. the amount for any tax (including VAT) calculated in accordance with the applicable legislation;

c. the date; d. the name and address of the consignee; e. description of the Services performed; f. the project name; and g. the contract number.

C10. GOVERNING LAWS Laws in force in the Province of Ontario, Canada

FOR THE CONSULTANT

Corporate Seal

__________________________ ________

Signature Date ____________________________

Print Name and Capacity

FOR THE MINISTER

__________________________ ________

Signature Date ____________________________

Print Name and Capacity

Section “II” DRAFT Task Authorization Particulars

Contract Number: of 42 T409-0807 – A&E Services Contract

SECTION “I” – SUPPLEMENTARY CONDITIONS

SC1 Total Limitation of Expenditure - Cumulative Total of all Task Authorizations

1.1. Canada's total liability to the Contractor under the Contract for all authorized Task Authorizations (TAs), inclusive of any revisions, must not exceed the sum of $2,000,000, taxes included, for all three (3) contracts awarded.

1.2. No increase in the liability of Canada or in the price of the Work specified in the authorized TA resulting from any design changes, modifications or interpretations of the Work will be authorized or paid to the Contractor unless these design changes, modifications or interpretations have been authorized, in writing, by the Departmental Representative before their incorporation into the Work. 1.3. The Contractor must notify the Departmental Representative in writing as to the adequacy of this sum:

a. when it is 75 percent committed, or b. four (4) months before the contract expiry date, or c. as soon as the Contractor considers that the sum is inadequate for the completion of the Work

required in all authorized TAs, inclusive of any revisions, whichever comes first. 1.4. If the notification is for inadequate contract funds, the Contractor must provide to the Departmental Representative, a written estimate for the additional funds required. Provision of such information by the Contractor does not increase Canada's liability.

SC2 - Minimum Work Guarantee - All the Work - Task Authorizations

2.1. In this clause, "Maximum Contract Value" means the amount specified in the "Total Limitation of Expenditure" clause set out in the Contract; and "Minimum Contract Value" means zero (0) dollars.

2.2. Canada's obligation under the Contract is to request Work in the amount of the Minimum

Contract Value or, at Canada's option, to pay the Contractor at the end of the Contract in accordance with paragraph 3. In consideration of such obligation, the Contractor agrees to stand in readiness throughout the Contract period to perform the Work described in the Contract. Canada's maximum liability for work performed under the Contract must not exceed the Maximum Contract Value, unless an increase is authorized in writing by the Departmental Representative.

2.3. In the event that Canada does not request work in the amount of the Minimum Contract Value

during the period of the Contract, Canada must pay the Contractor the difference between the Minimum Contract Value and the total cost of the Work requested.

2.4. Canada will have no obligation to the Contractor under this clause if Canada terminates the

Contract in whole or in part for default. SC3 - Method of Payment: 3.1 Task Authorizations (TA)/Contract with a Maximum Price: For each individual Task Authorization issued under the Contract that contains a maximum price:

3.1.1 Her Majesty will pay the Contractor no more frequently than once a month in accordance with the Basis of Payment. The Contractor must submit time sheets for each resource showing the days and hours worked to support the charges claimed in the invoice.

Section “I” Task Authorization Particulars

Contract Number: of 42

3.1.2 Once Her Majesty has paid the maximum price, Canada will not be required to make any further payment, but the Contractor must complete all the work described in the Task Authorization, all of which is required to be performed for the maximum price. 3.1.3 If the work described in the Task Authorization is completed in less time than anticipated, and the actual time worked (as supported by the time sheets) at the rates set out in the Contract is less than the maximum price, Canada is only required to pay for the time spent performing the work related to that Task Authorization.

SC4 - Time Verification Time charged and the accuracy of the Contractor's time recording system may be verified by the Departmental Representative before or after payment is made to the Contractor under the terms and conditions of the Contract. If verification is done after payment, the Contractor agrees to repay any overpayment immediately upon demand by Her Majesty. SC5 – SECURITY REQUIREMENT:

5.1 The Contractor and/or all other personnel involved in the work shall hold a valid personnel security screening at the level of SECRET or above at all times during the performance of the Contract if access to Foreign Affairs, Trade and Development Canada is required for the performance of the Work. The Contractor shall not have access to classified information or assets until such time as the SECRET clearance has been granted. Failure to obtain the security clearance would render the Contract null and void. The security screening level required is granted by the Canadian & International Industrial Security Directorate (CIISD) of the Department of Public Works and Government Services Canada (PWGSC). 5.2 This document does NOT contain CLASSIFIED information; however all or part of the Work involves possible access to CLASSIFIED and/or PROTECTED information/materiel.

5.3 The Contractor shall NOT remove, without the express written approval of the Departmental Representative, any CLASSIFIED and/or PROTECTED information from the work site, and shall ensure that the Contractor's personnel are made aware of and comply with this restriction.

SC6 - DISBURSEMENTS 6.1 Subject to any provisions specifically to the contrary in the Supplementary Conditions, the following

costs shall be included in the fees required to deliver the consultant services and shall not be reimbursed separately;

a. reproduction and delivery costs of drawings, CADD files, specifications and other Technical Documentation specified in the Statement of Work;

b. standard office expenses such as any photocopying, computer costs, Internet, cellular phone costs, long distance telephone and fax costs, including that between the Consultant's main office and branch offices or between the Consultant's offices and other team members offices;

c. courier and delivery charges for deliverables specified in the Scope of Work; d. plotting; e. presentation material; f. parking fees; g. taxi charges; and h. local project office.



6.2 Subject to any provisions specifically to the contrary in the Supplementary Conditions, the following disbursements reasonably incurred by the Consultant, that are related to the Services and approved by the Departmental Representative, shall be reimbursed to the Consultant at actual cost:

a. reproduction and delivery costs of drawings, CADD files, specifications and other Technical Documentation additional to that specified in the Statement of Work;

b. transportation costs for instruments, tools and equipment additional to that specified in the Scope of Work;

c. Rental costs for instruments, tools and equipment approved by DFATD. d. Insurance costs for travel to a War Zone as per SC8. e. other disbursements made with the prior approval and authorization of the Departmental Representative.

Disbursements shall be Project related and shall not include expenses that are related to the normal operation of the Consultant's business. The amounts payable, shall not exceed the amount entered in the Agreement Particulars, without the prior authorization of the Departmental Representative.

SC7 - TRAVEL AND LIVING EXPENSES

When travel is deemed necessary by DFATD, due to TA requirements, and with the approval of the Departmental Representative, the consultant will be responsible for the costs of transportation, accommodation, meals and incidentals and include these in their TA response. The consultant will be responsible to include both per diem travel time and per diem on-site fees as a fixed price. Travelling and living expenses will be based on the rates and conditions that are specified in the Treasury Board Travel Directive. Consultants are required to seek the lowest possible airfares, including charters and other discounts for each trip, and to book immediately upon approval of an individual task, in order to take advantage of the lowest fares. Upgrades to business or first class may be personally paid by the Consultant, where this is company policy or it is the equivalent cost or less than full fare economy. Consultant (or Consultant’s employee) is to be cleared for international travel at all times. The maximum number of hours paid per day while in transit will be 12 hours at regular rate regardless of time in transit. Travel will be completed without layovers. In the event that travel is subsequently rescheduled or cancelled by the Departmental Representative, after approval of a task, Her Majesty shall reimburse the Proponent for the direct costs of rescheduling or cancellation of the trip incurred by him. Immunization and Immigration Visa Matters: Travelling outside Canada requires immunization and current information on destinations. Travel arrangements and immigration Visa matters are the responsibility of the Consultant and are not considered as reimbursable expenses unless travel has been rescheduled or cancelled by the Departmental Representative. Information concerning travelling abroad may be found at the DFATD Web site: http://travel.gc.ca/. Note: Any information taken from the DFATD web site provided above is to be considered information only. While DFATD does the utmost to ensure the accuracy and completeness of this information, DFATD does NOT warrant such and does NOT accept any liability for such accuracy or completeness or lack thereof.

http://travel.gc.ca/



SC8 TRAVEL TO WAR ZONE AREAS The following terms and conditions will apply to all tasks for work delivered in locations designated by DFATD as war zones. The following do not apply to work done in any location not designated by DFATD as a war zone. SC8.1 WAR ZONE AREAS At the date of this agreement, the War Zone Areas identified by DFATD for the purposes of this agreement include Afghanistan, Pakistan, Iraq, and Nigeria. DFATD reserves the right to add or delete locations from this list at its discretion. Task Authorization Holders should contact the Department Representative with any questions regarding changes to countries classified as war zones. The Consultant will be required to complete and sign the “Agreement Respecting Responsibility and Risk Associated with Work to be undertaken for the Government of Canada” attached as Appendix C as a condition of tasks for work in a designated war zone. This must be completed prior to the performance of any work under the specific TA. SC8.2 INSURANCE REQUIREMENTS (FOR DESIGNATED WAR ZONE AREAS ONLY) For tasks in which work is required in a designated war zone area, the Consultant shall obtain All Perils Insurance, including AD&D coverage valid for travel to a war-zone, and which expressly provides coverage for war and terrorism related accidents, in advance of travelling to the country. It is acknowledged that the Government of Canada will reimburse the Consultant for the costs associated with the purchase of said Insurance but that the Government of Canada neither warrants nor guarantees the terms of the Insurance. The Consultant shall not be reimbursed for insurance coverage related to work outside War Zones. SC8.3 SECURITY MEASURES FOR WAR ZONES SC8.3.1 LIABILITY (FOR DESIGNATED WAR ZONES) Without restricting the terms and conditions of the Agreement, it is hereby understood and agreed that, except to the extent caused by or due to Her Majesty the Queen in right of Canada (Canada) or Her officers, agents, servants and employees, Canada shall not be liable for any losses, claims, damages, or expenses relating to any injury, disease, illness, disability or death of the employees or subcontractors of the Consultant caused or alleged to be caused as a result of performing the Agreement. The Consultant agrees to fully protect and indemnify Canada in the event of its employees and/or subcontractors make any claims or demands against Canada in respect of any of the risks inherent in the task or the adequacy of the information as to those risks supplied to the employees and subcontractors. SC8.3.2 CONSULTANT’S OBLIGATION TO DISCLOSE RISKS (FOR DESIGNATED WAR ZONES) It is understood that work involved in this contract could expose employees and subcontractors to serious risks of injury and/or death. The consultant is responsible to fully and openly disclose to its employees and subcontractors the inherent risks of all tasks. SC8.3.3 SECURITY MEASURES (FOR DESIGNATED WAR ZONES) SC8.3.3.i Without limiting the scope of paragraph SC8.3.1 Liability, DFATD recommends that the Consultant develop, adapt an operational a Security Plan based on international best practices in the area. This may include, but not be limited to the following:

1. Security related issues and challenges in the Country in general, and within the Project area 2. Local customs, laws and regulations; 3. Restrictions and protocols for movement in the Project area; 4. Security Equipment and equipment-related protocols (vehicles, communications, personal protective equipment, etc.), as required;



5. Security and staff safety protocols (guards, office, staff housing, the Project area, etc.); 6. Staff evacuation, including emergency medical evacuation procedures; 7. Abduction/Missing Person Protocol; and 8. Process for security awareness updates, as required.

SC8.3.3.ii The Consultant should also put in place, but not be limited to the following; 1. Hospitalization and medical treatment arrangements; 2. Mortuary Affairs and arrangements; 3. Expected conduct and discipline of Project Staff; 4. Health, Safety and Insurance issues an requirements for Project staff; 5. Critical Incident Management should be in accordance with the Consultant’s internal policies and harmonized where possible with the Canadian Embassy Consular procedures. SC8.3.3.iii It is recommended that the Consultant subscribe to the National Security Office of the Country (i.e. Afghanistan National Security Office (ANSIO)) or equivalent/ or better service in order to received daily security related information.

SC8.3.3.iv If applicable, the Task Force for the Country (i.e. The Afghanistan Task Force) or the Mission Security Officer will (to the extent possible) provide information regarding security to the Contractor and may facilitate the provision of additional security briefings.

SC9 - DEFINITION OF WORKERS

a. Engineer: All persons working in an engineering capacity must hold a valid license to practice as a

Professional Engineer in Ontario, or an equivalent valid licence as an professional engineer from other

Canadian provincial or territorial governing bodies, in the specific discipline required for the TA; and b. Electrical or Mechanical Engineering Technician/Technologist (C.E.T.): A person holding a valid

certification as an Electrical or Mechanical Engineering Technician or Technologist from the Ontario Association of Certified Engineering Technicians and Technologists (OACETT) or an equivalent valid certification from other Canadian provincial or territorial governing bodies; or a valid provincial/territorial trades

qualification as either an electrician or refrigeration mechanic as appropriate; and

c. Bilingual Services: A minimum of one Engineer and one Technician/ Technologist per discipline, must be capable of providing services in both English and French, which includes oral and written comprehension, speaking and writing in both languages

SC10 - PROOF OF QUALIFICATIONS

The Consultant shall be responsible to provide written confirmation of proof of qualification of Workers by way of copies of all licenses and certificates, as defined under each Worker in the section titled; ‘Definition of Workers’, for each individual for each TA as part of the TA submission for review by the Departmental Authority. The Departmental Authority may request additional information to substantiate the qualifications. The Department has the authority to reject any proposed resource not meeting the requirements and/or require a replacement. Failure to provide the proof of qualifications can, for that reason alone, result in the revocation of the Task Authorization agreement. The qualifications listed in the section titled, ‘Definition of Workers’, are MANDATORY for all workers for all TA’s. SC11 - CERTIFICATIONS 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 term of the Contract. 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.



SC12 - FOMER PUBLIC SERVANTS Contracts with former public servants (FPS) in receipt of a pension or of a lump sum payment must bear the closest public scrutiny, and reflect fairness in the spending of public funds. In order to comply with Treasury Board policies and directives on contracts with FPS, bidders must provide the information required below. Appendix “D” must be executed and submitted once for each employee to be considered responsive.



SECTION “II” – TASK AUTHORIZATION PARTICULARS

TAP1 TASK AUTHORIZATION PROCESS 1.1 Purpose of TA: Services to be provided under the Contract on an as-and-when-requested basis will be ordered by Canada using a Task Authorization ("TA"). 1.2 Process of Issuing a TA: If a requirement for a specific task is identified, a draft "Task Authorization "will be prepared by the Departmental Representative and sent to the Contractor. Once they receive the statement of task, the Contractor must submit a quotation to the Departmental Representative detailing the cost and time to complete the task. The Contractor's quotation must be based on the rates set out in “Section IV Terms of Payment” of the Contract. The Contractor will not be paid for providing the quotation or for providing other information required to prepare and issue the TA. The Contractor must provide any information requested by Canada in relation to the preparation of a TA within five (5) working days of the request, unless otherwise specified. 1.3 Approval Process: If Canada approves the Contractor's task quotation, Canada (by its authorized representative, as described in this contract) will issue the TA by forwarding a signed copy of the final TA form to the Contractor. Whether or not to approve or issue a TA is entirely within Canada's discretion. 1.4 Contents of a TA: A Task Authorization must contain the following information, if applicable:

1.4.1 a task number; 1.4.2 the details of any financial coding to be used; 1.4.3 the number of resources in each category required; 1.4.4 a brief statement of work for the task outlining the activities to be performed and identifying any deliverables; 1.4.5 the interval during which the task is to be carried out (beginning and end dates); 1.4.6 milestone dates for deliverables and payments (if applicable); 1.4.7 the number of person-days of effort required by type of personnel; 1.4.8 the specific work location; 1.4.9 the price payable to the Contractor for performing the task, with an indication it is a TA with a maximum price. The Contractor must submit time sheets filled in at the time of the work by the individual resources to support the charges); and 1.4.10 any other constraints that might affect the completion of the task.

1.5 Charges for Work under a TA: The Contractor must not charge Canada anything more than the price set out in the Task Authorization unless Canada has issued a TA amendment authorizing the increased expenditure. Canada will not pay the Contractor for any design changes, modifications or interpretations of the Work unless they have been approved, in writing, by the Departmental Representative before being incorporated into the Work. 1.6 Consolidation of TAs for Administrative Purposes: The Contract may be amended from time to time to reflect all Task Authorizations issued and approved by the Contracting Authority to date, to document the Work performed under those TAs for administrative purposes. 1.7 Refusal of Task Authorizations: Unless specified otherwise in the RFP, the Contractor is required to submit a quotation in response to every draft statement of task issued by Canada. If a valid response is not received within the allotted time, Canada may withdraw the Statement of Task. Canada may also immediately, and without further notice, terminate the Contract for default if the Contractor does not repeatedly submit a quotation in response to a draft Statement of Task issued during the Contract Period.



TAP2 – REPLACEMENT OF SPECIFIC INDIVIDUALS 2.1 If specific individuals are identified in the Contract to perform the Work, the Contractor must provide the services of these individuals for any resulting Task Authorization unless the Contractor is unable to do so for reasons beyond its control. 2.2 If the Contractor is unable to provide the services of specific individual(s) as identified in the Supplier’s Proposal or in a resulting Task Authorization, they must provide a replacement with same or greater qualifications and experience. The replacement must meet the criteria used in the selection of the Contractor and be acceptable to Canada. The Contractor must, as soon as possible, give notice to the Departmental Representative of the reason for replacing the individual and provide:

2.2.1 the name, qualifications and experience of the proposed replacement; and 2.2.2 proof that the proposed replacement has the required security clearance granted by CSIIS, if

applicable.

2.3 DFATD reserves the right to refuse personnel who fail to meet these stringent qualifications, experience and security requirements. 2.4 The Contractor must not, in any event, allow performance of the Work by unauthorized replacement persons. The Departmental Representative may order that a replacement stop performing the Work. In such a case, the Contractor must immediately comply with the order and secure a further replacement. The fact that the Departmental Representative does not order that a replacement stop performing the Work does not relieve the Contractor from its responsibility to meet the requirements of the Contract. As per GC27, any costs associated with replacing personnel shall be the responsibility of the Contractor TAP3 - TERMS AND CONDITIONS

3.1 STANDARD CONDITIONS AND CLAUSES

Pursuant to the Department of Public Works and Government Services Act, S.C. 1996, c.16, the clauses and conditions identified in the Task Authorization by number, date and title are incorporated by reference and form part of the Task Authorization and any contract resulting from the Task Authorization as though expressly set out in the Task Authorization and resulting contract.

3.2 GENERAL

The Supplier acknowledges that a Task Authorization is not a contract and that the issuance of a Task Authorization by the Task Authorization Authority does not oblige or commit Canada to procure or contract for any goods, services or both listed in the Task Authorization. The Supplier understands and agrees that Canada has the right to procure the goods, services or both specified in the Task Authorization by means of any other contract, Task Authorization or contracting method.

3.3 COMMITMENT A Task Authorization does not represent the commitment of funds by Her Majesty or the commitment to use any organization on the TA List;

A contractual obligation will come into force when there is Work authorized against the TA by the issuance of a Task Authorization Form against the TA and only to the extent designated in the authorization; Her Majesty’s liability under this arrangement shall be limited to the actual amount of Work authorized in the Task Authorization (Contracts) and performed within the terms and conditions specified; The terms and conditions set out herein will form part of, and shall be incorporated into, any and all the resulting Task Authorizations (Contracts); and



The Proponent shall perform and complete with care, skill, diligence and efficiency the Work that is described in each Task Authorization (Contract) issued and authorized against the TA. TAP4 TA METHOD OF SUPPLY The Task Authorization (TA) method of supply process 4.1 Once the contract(s) have been entered into with the Supplier(s), the issuance of a TA using Task

Authorization Form, on an as-and-when-requested basis for the required Services in accordance with the terms and conditions of the Task Authorizations and Her Majesty’s procurement regulations and policies. These Task Authorization Forms are a contractual agreement between Her Majesty and the Supplier for the Services offered.

4.2 The Task Authorization will be available for use upon signature by Her Majesty and will be effective

on the same date. The issuance of Task Authorizations does not oblige Canada to issue TAs to Contract for any of the Services described in TAs or to spend any monies what so ever.

4.3 TAs will be issued to the first ranked Supplier, on a first right of refusal basis through the issuance of

separate Task Authorization Forms, on an as-and-when-requested basis for the required Services. Each TA will be on a first right of refusal basis. Should the first ranked Supplier be unable or unwilling to complete a TA, it will then be issued to the second ranked Supplier and then the third Supplier, if the second Supplier is also unable or unwilling to complete the TA. Each Task Authorization Form issued in accordance with the resulting TA shall be subject to the terms and conditions stated in the contract(s).

4.4 The Supplier will have five (5) business days to respond to the TA unless otherwise directed by the

Departmental Representative. No response within the five (5) business days, or the specified time, will be considered as a refusal to complete the work. The request will then be issued to the next Supplier

4.5 In response to the TA, a Supplier shall present the Departmental Representative, with an estimate of

the costs based on the scope of work for the specific TA. This is to include a proposed work plan stating the category and name of personnel to work on the project, devoted hours in accordance with the fixed per diem rates established under the Task Authorization, schedule of deliverables, as well as fixed travel costs, if applicable, and an estimate of proposed disbursements, as part of an overall estimated task budget.

4.6 Response Time: It is a requirement of all TAs covered under this Contract that the prime consultant

should be personally available to attend meetings at the Departmental Representative’s offices in Ottawa or that DFATD Departmental Representative should be able to travel to the consultant site with a minimum of delay from the time of the request, for the duration the contract. Therefore the proponent’s offices are to be no more than 500 km from Ottawa, Ontario, Canada for DFATD to be able to travel at the proponent's site.

4.7 Supplier Capabilities a. The Supplier must have both Mechanical and Electrical Engineering and Mechanical and Electrical

Technologist/Technician capabilities as an integral part of their company. b. The Suppliers must ensure a back-up capability for each discipline is available as an integral part of the

company.

TAP5 OFFER 2005 04 (2010-01-11)

1. The consultant offers to provide and deliver to Canada the goods, services or both described in the Task Authorization, in accordance with the pricing set out in the Task Authorization if and when the Identified User may request such goods, services or both, in accordance with the conditions listed at subsection 2 below.



2. The Supplier understands and agrees that:

a. A TA against the awarded contract will form a contract only for those goods, services, or both, which have been requested, provided that such TA is made in accordance with the provisions of the contract;

b. Canada's liability is limited to that which arises from TAs against the contract made within the period specified;

c. The TA cannot be assigned or transferred in whole or in part; d. The TA may be set aside by Canada at any time.

TAP6 WITHDRAWAL 2005 06 (2006-08-15)

In the event that the Supplier wishes to withdraw the contract after authority to proceed with a TA against the contract has been given, the Supplier must provide no less than thirty (30) days' written notice to the Task Authorization Authority, unless specified otherwise in the contract. The thirty (30) days' period will start upon receipt of the notification by the Task Authorization Authority and the withdrawal will be effective at the expiry of that period. The Supplier must fulfill any and all TAs which are made before the expiry of that period.

TAP7 REVISION

The period of the Task Authorization may only be extended, or its usage increased, by the TA Authority issuing a revision to the TA in writing.

TAP8 DISCLOSURE OF INFORMATION 2005 09 (2012-03-02)

The Supplier agrees to the disclosure of its TA unit prices or rates by Canada, and further agrees that it will have no right to claim against Canada, the Identified User, their employees, agents or servants, in relation to such disclosure.

TAP9 PUBLICATION OF TASK AUTHORIZATION INFORMATION 2005 10 (2011-05-16)

1. The Supplier agrees that Canada may publish certain information related to the TA or a catalogue. The Supplier agrees to the disclosure of the following information included in the TA:

a. the conditions of the Task Authorization (TA);

b. the Supplier's procurement business number, its name, the name, address, telephone number, fax number and e-mail address of its representative;

c. the Supplier's profile and its level of security clearance;

d. the Supplier's qualified domains of expertise or the categories for which the Supplier has qualified.

2. Canada will not be liable for any errors, inconsistencies or omissions in any published information. If the Supplier identifies any error, inconsistency or omission, the Supplier agrees to notify the TA Authority immediately.

TAP10 OPTION PERIOD Her Majesty may, at her sole discretion, may extend the period by two (2), one (1) year periods. The Proponent agrees that, during the extended period, the unit prices will be in accordance with TP2.

Section “III” DRAFT General Conditions


SECTION “III” – GENERAL CONDITIONS

GC1 DEFINITIONS 1.1 “Average Bank Rate” means the simple arithmetic

mean of the Canadian Bank Rate in effect at 4:00 p.m. Eastern Standard Time each day during the calendar month which immediately precedes the calendar month in which payment is made.

1.2 “Bank Rate” means the rate of interest established from time to time by the Bank of Canada as the minimum rate at which it makes short term advances to members of the Canadian Payments Association;

1.3 “Construction Budget” means that portion of the 'Project Budget' applicable to a Construction Contract;

1.4 “Construction Contract” means a contract entered into between Her Majesty and a Contractor for the construction of the Project;

1.5 “Construction Contract Award Price” means the price at which a Construction Contract is awarded to a Contractor;

1.6 “Construction Cost Estimate” means an anticipated amount for which a Contractor will execute the construction of the Project;

1.7 “Construction Cost Limit” means that portion of the total amount of Project funds which shall not be exceeded on construction of the Project;

1.8 “Construction Documents” means all necessary working drawings and specifications.

1.9 “Consultant” means the party identified in the Articles of Contract to perform the Consultant's Services under this Contract, and includes the officer or employee of the Consultant identified in writing by the Consultant;

1.10 “Consultant's Representative” means the officer or employee of the Consultant identified in writing by the Consultant to perform the Consultant's Services under the Contract;

1.11 “Contractor” means a person, firm or corporation with whom Her Majesty enters, or intends to enter, into a Construction Contract;

1.12 “Cost Plan” means the allocation of proposed costs among the various elements of the Project;

1.13 “Days” means continuous calendar days, including weekends and statutory public holidays;

1.14 “Departmental Representative” means the officer or employee of Her Majesty identified in writing by a duly authorized departmental officer to perform the Departmental Representative's duties under this Contract;

1.15 “Deputy Minister” means the lawful deputy of the Minister or any person acting on behalf of the lawful deputy;

1.16 “Former Public Office Holder” means an employee of the executive or senior manager categories who was employed by the Canadian federal public service during the period one (1) year immediately preceding the date of this Contract;

1.17 “Invention” means any new and useful practice, process, machine, device, manufacture or composition of matter, or any new and useful improvement thereof;

1.18 Mediation is a process of dispute resolution in which a neutral third party assists the parties involved in a dispute to negotiate their own settlement;

1.19 “Minister” includes a person acting for, or if the office is vacant, in place of, the Minister and the

Minister's successors in the office. Minister also includes the Minister's lawful deputy and any of the Ministers or their representatives appointed for the purpose of this Contract;

1.20 “Payroll Cost” means the actual cost of any person employed by the Consultant or the Consultant's Sub-Consultants as a staff member, including principals employed as staff members, and includes an amount for salary, statutory holidays, vacations with pay, unemployment insurance premiums and worker's compensation contributions where applicable, pension plan contributions, sick time allowance, medical/dental insurance premiums, and such other employee benefits as may be approved by the Departmental Representative;

1.21 “Project Brief” means a document describing the requirements of the project and the services to be provided and may include general project information, scope of the work, site and design data, and Project Schedule;

1.22 “Project Schedule” means a time plan, including the sequence of tasks, milestone dates and critical dates which must be met for the implementation of the planning, design and construction phases of the Project;

1.23 “Service(s)” means the Consultant Services as set forth in this Contract;

1.24 “Specialist Consultant” means any Architect, Professional Engineer, or other specialist, other than the Consultant, engaged by Her Majesty directly or, at the specific request of Her Majesty, engaged by the Consultant for "Additional Services";

1.25 “Sub-Consultant” means any Architect, Professional Engineer, or other specialist engaged by the Consultant for the Services included in this Contract;

1.26 “Technical Documentation” includes designs, reports, photographs, physical models, surveys, drawings, specifications, computer software developed for the purpose of the Project, computer printouts, design notes, calculations, CADD (Computer-aided Design and Drafting) files, and other data, information and material, prepared, computed, drawn, or produced and operating and maintenance manuals either prepared or collected for the Project.

GC2 INTERPRETATIONS 2.1 Words importing the singular only also include the

plural, and vice versa, where the context requires; 2.2 Headings or notes in this Contract shall not be

deemed to be part thereof, or be taken into consideration in its interpretation;

2.3 "Herein", "hereby", "hereof", "hereunder" and similar expressions refer to this Contract as a whole and not to any particular subdivision or part thereof.

GC3 SUCCESSORS AND ASSIGNS 3.1 This Contract shall inure to the benefit of, and be

binding upon, the parties hereto and their lawful heirs, executors, administrators, successors and assigns.

GC4 ASSIGNMENT 4.1 This Contract shall not be assigned, in whole or in

part, by the Consultant without the prior consent of the Minister.



4.2 An assignment of this Contract without such consent shall not relieve the Consultant from any obligation under this Contract, or impose any liability upon Her Majesty.

GC5 INDEMNIFICATION 5.1 The Consultant shall indemnify and save harmless

Her Majesty from and against all claims, losses, damages, costs, actions and other proceedings, made, sustained, brought or prosecuted in any manner based upon, occasioned by, or attributable to, any injury, infringement of any patent of invention or any other type of intellectual property, or damage arising from any negligent act or omission of the Consultant, the Consultant's servants or agents, or persons for whom the Consultant had assumed responsibility in the performance, or purported performance, of the Consultant's services under this Contract.

5.2 The Consultant's liability to indemnify or reimburse Her Majesty under this Contract shall not limit or prejudice Her Majesty from relying on the provisions of applicable provincial legislation.

5.3 Rights of Her Majesty: The Consultant's liability to indemnify or reimburse Her Majesty under the Contract shall not affect or prejudice Her Majesty from exercising any other rights under law.

GC6 NOTICES 6.1 Any notice, request, direction, consent, decision, or

other communication that is required to be given or made by either party pursuant to this Contract, shall be in writing, and shall be deemed to have been effectively given when:

6.1.1 served personally to either the Departmental Representative or the Consultant's Representative (as the case may be), on the day it is delivered; or

6.1.2 forwarded by registered mail, on the day the postal receipt is acknowledged by the other party; or

6.1.3 forwarded by facsimile or other electronic means of transmission, three (3) days after it was transmitted.

6.2 The address of either party, or the person authorized to receive notices, may be changed by notice in the manner set out in this provision.

GC7 SUSPENSION 7.1 The Departmental Representative may require the

Consultant to suspend the Services being provided, or any part thereof, for a specified or unspecified period.

7.2 If a period of suspension does not exceed sixty (60) days and when taken together with other periods of suspension does not exceed ninety (90) days, the Consultant shall, upon the expiration of that period, resume the performance of the Services in accordance with the terms of this Contract, subject to any agreed adjustment of the time schedule.

7.3 If a period of suspension exceeds sixty (60) days or when taken together with other periods of suspension, the total exceeds ninety (90) days, and:

7.3.1 the Departmental Representative and the Consultant agree that the performance of the Services shall be continued, then the Consultant shall resume performance of the Services,

subject to any terms and conditions agreed upon by the Departmental Representative and the Consultant, or

7.3.2 the Departmental Representative and the Consultant do not agree that the performance of the Services shall be continued, then this Contract shall be terminated by notice given by the Minister to the Consultant, in accordance with the terms of Clause GC8.

7.4 Suspension Costs related to this clause are as outlined in Clause TP7.

GC8 TERMINATION 8.1 The Minister may terminate this Contract at any time,

and the fees paid to the Consultant shall be in accordance with the relevant provisions in Clause TP8.

GC9 TAKING THE SERVICES OUT OF THE

CONSULTANT'S HANDS 9.1 The Minister may take all or any part of the Services

out of the Consultant's hands and may employ reasonable means necessary to complete such Services in the event that:

9.1.1 the Consultant becomes bankrupt or insolvent, or a receiving order is made against the Consultant, or an assignment is made for the benefit of the creditors, or if an order is made, or resolution passed, for the winding up of the Consultant's affairs or business, or if the Consultant takes the benefit of any statute relating to bankrupt or insolvent debtors, or

9.1.2 the Consultant fails to perform any of the Consultant's obligations under this Contract or, in the Minister's opinion, TA fails to make progress as to endanger performance of this Contract, in accordance with its terms.

9.2 Before the Services or any part thereof are taken out of the Consultant's hands under Clause GC9.1.2, the Departmental Representative shall provide notice to the Consultant, and may require such failure of performance or progress to be corrected. If within fourteen (14) days after receipt of such notice such default shall not have been corrected or corrective action initiated to correct such fault, the Minister may, by notice, without limiting any other right or remedy, take all or any part of the Services out of the Consultant's hands.

9.3 If the Services or any part thereof have been taken out of the Consultant's hands, the Consultant shall be liable for, and upon demand pay to Her Majesty, an amount equal to all loss and damage suffered by Her Majesty by reason of the non-completion of the Services by the Consultant.

9.4 If the Consultant fails to pay on demand for the loss or damage as a result of Clause GC9.3, Her Majesty shall be entitled to deduct and withhold the same from any payments due and payable to the Consultant.

9.5 If the Services or any part thereof are taken out of the Consultant's hands as a result of Clauses GC9.1.2, and GC9.2, the amount referred to in Clause GC9.4 shall remain with the Department until an agreement is reached or a decision of a court or tribunal is rendered. At that time the amount, or any part of it,



which may become payable to the Consultant shall be paid together with interest from the due date referred to in Clause TP2 and in accordance with the terms of this Contract.

9.6 The taking of the Services, or any part thereof, out of the Consultant's hands does not relieve or discharge the Consultant from any obligation under this Contract, or imposed upon the Consultant by law, in respect to the Services or any part thereof that the Consultant has performed.

GC10 RECORDS TO BE KEPT BY THE CONSULTANT 10.1 The Consultant shall keep accurate time sheets and

cost records and, if required for the purposes of this Contract, shall make these documents available at reasonable times to the Departmental Representative who may make copies and take extracts therefrom.

10.2 The Consultant shall afford facilities for audit and inspection at mutually agreeable times and at places where the relevant documents are located, and shall provide the Departmental Representative with such information as the Minister may from time to time require with reference to the documents referred to in Clause GC10.1.

10.3 The Consultant shall, unless otherwise specified, keep the time sheets and cost records available for audit and inspection for a period of at least two (2) years following completion of the Services.

GC11 NATIONAL OR DEPARTMENTAL SECURITY 11.1 If Her Majesty is of the opinion that the Work is of a

class or kind that involves National or Departmental security, the Consultant may be required:

11.1.1 to provide any information concerning persons employed for purposes of this Contract unless prohibited by law;

11.1.2 to remove any person from the Work and its site if that person cannot meet the prescribed security requirements; and

11.1.3 to retain the Work’s Technical Documentation while in the Consultant's possession in a manner specified by the Departmental Representative.

11.2 If the Work is of a class or kind that involves National or Departmental security, the Consultant shall not issue, disclose, discard or use the Project Technical Documentation on another project without the written consent of Her Majesty.

GC12 COPYRIGHT AND REUSE OF DOCUMENTS 12.1 Without prejudice to any rights or privileges of Her

Majesty, where any Services is, or has been, prepared or published by, or under the direction or control of, Her Majesty or any government department, the copyright in the Services shall, subject to any agreement with the author, belong to Her Majesty, and in such case shall continue for a period of fifty (50) years from the date of the first publication of the Work.

12.2 All plans, drawings, details, specifications, data, reports, other documents and information prepared by the Consultant pursuant to this Contract shall become the absolute property of Her Majesty upon the completion of the Services or as required and shall be delivered to the Departmental Representative.

GC13 CONFLICT OF INTEREST 13.1 The Consultant declares that the Consultant has no

pecuniary interest in the business of any third party that would cause, or seem to cause, a conflict of interest in carrying out the Services, and should such an interest be acquired during the life of this Contract, the Consultant shall declare it immediately to the Departmental Representative.

13.2 The Consultant shall not have any tests or investigations carried out by any persons, firms, or corporations, that may have a direct or indirect financial interest in the results of those tests or investigations.

13.3 The Consultant shall not submit, either directly or indirectly, a bid for any Construction Contract related to the Project.

13.4 No former public office holder who is not in compliance with the post-employment provisions of the Conflict of Interest and Post-Employment Code for Public Office Holders shall derive a direct benefit from this Contract.

GC14 STATUS OF CONSULTANT 14.1 The Consultant is engaged under this Contract as an

independent consultant for the sole purpose of providing Services.

14.2 Neither the Consultant nor any of the Consultant's employees shall be regarded as employees or agents of Her Majesty.

14.3 The Consultant, as employer, agrees to be solely responsible for any and all payments and deductions required to be made by law in the jurisdiction where the Services are performed, including those required for Canada or Québec Pension Plans, Employment Insurance, Worker's Compensation, and Income Tax or any other applicable tax.

GC15 DECLARATION BY CONSULTANT 15.1 The Consultant declares that:

15.1.1 based on the information provided pertaining to the Services required under this Contract, the Consultant has been provided sufficient information by the Departmental Representative to enable the Services required under this Contract to proceed and is competent to perform the Services and has the necessary licences and qualifications including the knowledge, skill and ability to perform the Services;

15.1.2 the quality of Services to be provided by the Consultant shall be consistent with generally accepted professional standards and principles.

GC16 INSURANCE 16.1 The Consultant shall obtain and maintain an

appropriate level of professional liability insurance coverage (including but not limited to coverage for design errors and omissions) for the Services required under this Contract and shall furnish satisfactory evidence of such insurance and renewals to the Departmental Representative within fourteen (14) days of execution of this Contract.

16.2 The policy shall be issued with a deductible amount of not more than $2,500.

16.3 Unless otherwise directed in writing by the



Departmental Representative, the policy required in GC16.1 shall attach from the date of contract award and shall be maintained until the one (1) year following the issuance of the Final Certificate of Completion.

16.4 The costs associated with any insurance coverage required under this Contract shall be part of the quoted Fixed Price.

GC17 RESOLUTION OF DISAGREEMENTS 17.1 In the event of a disagreement regarding any aspect of

the Services or any instructions given under this Contract:

17.1.1 the Consultant may give a notice of disagreement to the Departmental Representative. Such notice shall be promptly given and contain the particulars of the disagreement, any changes in time or amounts claimed, and reference to the relevant clauses of the Contract;

17.1.2 the Consultant shall continue to perform the Services in accordance with the instructions of the Departmental Representative; and

17.1.3 the Consultant and the Departmental Representative shall attempt to resolve the disagreement by negotiations conducted in good faith. The negotiations shall be conducted, first, at the level of the Consultant's project representative and the project representative of the Department and, secondly and if necessary, at the level of a principal of the Consultant firm and a senior manager of the Department.

17.2 The Consultant's continued performance of the Services in accordance with the instructions of the Departmental Representative shall be without prejudice to the Consultant in any disagreement.

17.3 If it was subsequently agreed or determined that the instructions given were in error or contrary to the Contract, Her Majesty shall pay the Consultant those fees the Consultant shall have earned as a result of the change(s) in the Services provided and which has been authorized by the Departmental Representative.

17.4 The fees mentioned in Clause GC17.3 shall be calculated in accordance with the Terms of Payment set out in this Contract.

17.5 If the disagreement is not settled, the Consultant may make a request to the Departmental Representative for a written corporate decision and the Departmental Representative shall give notice of the corporate decision within 14 days of receiving the request, setting out the particulars of the response and any relevant clauses of the Contract.

17.6 Within fourteen (14) days of receipt of the written corporate decision, the Consultant shall notify the Departmental Representative if the Consultant accepts or rejects the decision.

17.7 If the Consultant rejects the corporate decision, the Consultant, by notice may refer the disagreement to mediation.

17.8 If the disagreement is referred to mediation, the mediation shall be conducted with the assistance of a skilled and experienced mediator chosen by the Consultant from a list of mediators proposed by the Minister, and the Department's mediation procedures shall be used unless the parties agree otherwise.

17.9 Negotiations conducted under this Contract, including those conducted during mediation, shall be without prejudice to either party.

GC18 MEMBERS OF CANADIAN HOUSE OF COMMONS 18.1 No Member of the Canadian House of Commons

shall be admitted to any share or part of this Contract, or to any benefit that may arise therefrom.

GC19 AMENDMENTS 19.1 This Contract may not be amended, or modified, nor

shall any of its terms and conditions be waived, except by agreement in writing executed by both parties.

GC20 ENTIRE CONTRACT 20.1 This Contract constitutes the entire arrangement

between the parties with respect to the subject matter of the Contract, and supersedes all previous negotiations, communications and other arrangements relating to it, unless incorporated by reference herein.

GC21 SUPPLEMENTARY CONDITIONS 21.1 Supplementary conditions, if required, shall be as

described in Section “I” of this Contract. GC22 PROJECT INFORMATION, DECISIONS,

ACCEPTANCES AND APPROVALS 22.1 The Departmental Representative shall provide, in a

timely manner, project information, written decisions and instructions, including acceptances and approvals relating to the Services provided by the Consultant.

22.2 No acceptance or approval by the Departmental Representative, whether expressed or implied, shall be deemed to relieve the Consultant of the professional or technical responsibility for the Services provided by the Consultant.

GC23 LOBBYIST CERTIFICATION - CONTINGENCY FEES 23.1 The Consultant certifies that it has not directly or

indirectly paid or agreed to pay and covenants that it will not directly or indirectly pay a contingency fee for the solicitation, negotiation or obtaining of this Contract to any person other than an employee acting in the normal course of the employee's duties.

23.2 All accounts and records pertaining to payments of fees or other compensation for the solicitation, obtaining or negotiating of the Contract shall be subject to the accounts and audit provisions of the Contract.

23.3 If the Consultant certifies falsely under this section or is in default of the obligations contained therein, the Minister may either take the Services out of the Consultant's hands in accordance with the provisions of the Contract or recover from the Consultant by way of reduction to the Fixed Price or otherwise the full amount of the Contingency Fee.

23.4 In this clause: 23.4.1 "Contingency Fee" means any payment or other

compensation that is contingent upon or is calculated upon the basis of a degree of success in soliciting or obtaining a Government Contract or negotiating the whole or any part of its term.

23.4.2 "Employee" means a person with whom the



Consultant has an employer/employee relationship.

23.4.3 "Person" includes an individual or group of individuals, a corporation, a partnership, an organization and an association and, without restricting the generality of the foregoing, includes any individual who is required to file a return with the registrar pursuant to section 5 of the Lobbyist Registration Act R.S. 1985 c.44 (4th Supplement) as the same may be amended from time to time.

GC24 NON-DISCRIMINATION IN HIRING AND

EMPLOYMENT PRACTICES 24.1 For the purpose of this General Condition, "person"

includes the Consultant, the Consultant's Sub-Consultants and other firms forming the consultant team, and their respective employees, agents, licensees or invitees, and any other individual involved in the performance of the Services.

24.2 The Consultant shall not refuse to employ and will not discriminate in any manner against any person because:

24.2.1 of that person's race, national origin, colour, religion, age, sex or marital status,

24.2.2 of the race, national origin, colour, religion, age, sex, or marital status of any person having any relationship or association with that person, or

24.2.3 a complaint has been made or information has been given by or in respect of that person relating to an alleged failure by the Consultant to comply with paragraphs GC24.2.1 and GC24.2.2 above.

24.3 Within four (4) days immediately following receipt of a written complaint pursuant to subclause GC24.2 above, the Consultant shall:

24.3.1 cause to have issued a written direction to the person or persons named by the complainant to cease all actions that form the basis of the complaint; and

24.3.2 forward a copy of the complaint to the Departmental Representative by registered mail.

24.4 Within twenty four (24) hours immediately following receipt of a direction from the Departmental Representative to do TA, the Consultant shall cause to have removed from the Consultant team any person or persons whom the Departmental Representative believes to be in breach of the provisions of subclause GC24.2 above.

24.5 No later than thirty (30) days after receipt of the direction referred to in GC24.4 above, the Consultant shall cause the necessary action to be commenced to remedy the breach described in the direction.

24.6 If a direction is issued pursuant to GC24.4 above, Her Majesty may withhold from monies that are due and payable to the Consultant an amount representing the sum of the costs and payment referred to in GC24.8 and GC24.9 below.

24.7 If the Consultant fails to proceed in accordance with GC24.6 above, the Departmental Representative shall take the necessary action to have the breach remedied, and shall determine all supplementary costs incurred as a result by Her Majesty.

24.8 Her Majesty may make a payment directly to the complainant from monies that are due and payable to

the Consultant upon receipt from the complainant of: 24.8.1 a written award issued pursuant to the federal

Commercial Arbitration Act, R.S., 1985, c. C-34.6; or

24.8.2 a written award issued pursuant to the Canadian Human Rights Act, R.S., 1985, c. H-6; or

24.8.3 a written award issued pursuant to provincial or territorial human rights legislation; or

24.8.4 a judgment issued by a court of competent jurisdiction.

24.9 The Consultant shall be liable for and upon demand shall pay to Her Majesty the supplementary costs referred to in GC24.8. If the Consultant fails to make payment on demand, Her Majesty may deduct the same from any amount due and payable to the Consultant.

24.10 A payment made pursuant to GC24.8 is, to the extent of the payment, a discharge of Her Majesty's liability to the Consultant under the terms of the Contract and may be deducted from any amount due and payable to the Consultant.

24.11 The Consultant shall ensure that the appropriate provisions of this Contract are included in all agreements and contractual arrangements entered into by the Consultant as a consequence of this Contract.

GC25 APPROPRIATION 25.1 In accordance with Section 40 of the Financial

Administration Act, payment under the contract is subject to there being an appropriation for the particular service for the fiscal year in which any commitment hereunder would come in course of payment.

GC26 CONFIDENTIAL INFORMATION 26.1 Any information of a character confidential to the

affairs of Her Majesty to which the Consultant, or any officer, servant or agent of the Consultant becomes privy as a result of the work to be performed under this contract, shall be treated as confidential, during as well as after the performance of the said services.

GC27 INCAPACITY TO CONTRACT WITH CANADIAN

GOVERNMENT 27.1 The Consultant certifies that the Consultant,

including the Consultant's officers, agents and employees, has not been convicted of an offence under the following provisions of the Criminal Code:

27.1.1 Section 121, Frauds upon the Government; 27.1.2 Section 124, Selling or Purchasing Office; 27.1.3 Section 418, Selling Defective Stores to Her

Majesty; (Subsection 750(3) of the Criminal Code prohibits anyone who has been TA convicted from holding public office, contracting with the government or benefiting from a government contract.)

GC28 INTERNATIONAL SANCTIONS 28.1 From time to time, in compliance with United

Nations obligations or other international agreements, Canada imposes restrictions on trade, financial transactions or other dealings with a foreign country or its nationals. These sanctions may be implemented by regulation under the United Nations Act (UNA),



R.S.C. 1985, c. U-2, the Special Economic Measures Act (SEMA), S.C. 1992, c. 17, or the Export and Import Permits Act (EIPA), R.S.C. 1985, c. E-19. The Consultant agrees that it will, in the performance of the Contract, comply with any such regulations that are in force on the effective date of the Contract, and will require such compliance by its first-tier subcontractors.

28.2 The Consultant agrees that Canada relies on the Consultant's undertaking in subsection (1) to enter into the Contract, and that any breach of the undertaking shall entitle Canada to terminate the Contract under the provisions of the Contract relating to default by the Consultant, and therefore to recover damages from the Consultant, including reprocurement costs arising out of such a termination.

28.3 The countries or groups currently subject to Canadian Economic Sanctions are listed on the Foreign Affairs, Trade and Development Canada site: http://www.international.gc.ca/sanctions/index.aspx

28.4 Canada will use reasonable efforts to make the text of any such regulations available on its electronic bulletin board on a reasonably current basis by way of assistance to the Consultant, but the Consultant agrees that only the text as published in the Canada Gazette, Part II, is authoritative, and the Consultant waives any claim against Canada, the Minister, or their employees or agents for any costs, loss, or damage whatever that results from the Consultant's reliance on the text of a regulation as reproduced on the electronic bulletin board.

28.5 If the Contract is concluded prior to the imposition of a sanction as described in GC28.1, Her Majesty reserves the right to terminate the Contract in accordance with GC8.

GC29 STATUS AND REPLACEMENT OF PERSONNEL 29.1 If at any time during the period of the contract the

Consultant is unable to provide the Services of any person who must perform the Services in the Contract, it shall immediately provide a replacement person with similar qualifications and experience. The Consultant shall, as soon as possible, give notice to the Minister of:

29.1.1 the reason for the removal of the person from the Services;

29.1.2 the name, qualifications and experience of the proposed replacement person; and

29.1.3 proof that the person has the required security clearance granted by Canada, if applicable.

29.2 The Minister may order the removal from the Services of any such replacement person and the Consultant shall immediately remove the person from the Services and shall, in accordance with subsection (1), secure a further replacement.

29.3 The fact that the Minister does not order the removal of a replacement person from the Services shall not relieve the Consultant from its responsibility to meet the requirements of the Contract.

29.4 If the Consultant intends to use any person in fulfillment of this contract who is or who is not an employee of the Consultant, the Consultant hereby warrants that such a person is under no restrictive covenants in relation to a constraint of trade that would prevent the person from fulfilling his or her Work in relation to the Services and, the Consultant has written permission from the person or (the employer of such a person) to propose the services of the person in relation to the Services to be performed in fulfillment of this contract.

GC30 NO BRIBE 30.1 The Consultant represents and covenants that no

bribe, gift, benefit, or other inducement has been or will be paid, given, promised or offered directly or indirectly to any official or employee of Canada or to a member of the family of such a person, with a view to influencing the entry into the Contract or the administration of the Contract.

GC31 SOVEREIGN IMMUNITY 31.1 Not withstanding any provision in this Contract, Her

Majesty the Queen in Right of Canada, does not waive any immunity to which she is or may be entitled to by virtue of domestic or international law.

GC32 HEALTH AND SAFETY 32.1 The Contractor shall ensure, in fulfilling its

contractual obligations under this Contract, that its employees and agents are appropriately equipped with all safety clothing and equipment required to perform the Work.

32.2 The Contractor shall further ensure that its employees and agents adhere to and follow all applicable health and safety regulations, standards and procedures in force in the jurisdiction and have been trained and will use all mandatory safety equipment imposed by local law when completing the Work under this Contract.

http://www.international.gc.ca/sanctions/index.aspx

Section “IV” Terms of Payment


SECTION “IV” – TERMS OF PAYMENT

TP1 PAYMENTS TO THE CONSULTANT 1.1 The Consultant shall be entitled to receive payments as identified in Clause TP2. Such payments shall

be made not later than the due date, which shall be the thirty (30) days following receipt of a properly submitted invoice.

1.2 The Departmental Representative shall notify the Consultant within fifteen (15) days after the receipt of an invoice of any error or missing information therein. Payment shall be made not later than 30 days after receipt of the corrected invoice or the required information.

1.3 Upon completion of each stage identified in TP2, provided at least one progress payment has been made, the Consultant shall provide a Statutory Declaration evidencing that all the Consultant's financial obligations for services rendered to the Consultant or on the Consultant 's account, in connection with this Contract, have been satisfied, before any further payment is made.

1.4 Upon written notice by a Sub-Contractor, with whom the Consultant has a direct contract, of an alleged non-payment to the Sub-Contractor, the Departmental Representative may provide the Sub-Consultant with a copy of the latest approved progress payment made to the Consultant for the Services.

1.5 Upon the satisfactory completion of all Services, the amount due, less any payments already made, shall be paid to the Consultant not later than thirty (30) days after receipt of a properly submitted invoice, together with the Final Statutory Declaration in accordance with Clause TP1.3.

TP2 BASIS OF PAYMENT 2.1 Payments in respect of the Fixed Price for individual Task Authorizations shall be made monthly

based on the fixed per diem rate, actual hours worked and disbursements, up to a maximum of total value of the Task Authorization contract.

2.2 Per Diem Rate: The all-inclusive Fixed Per Diem includes the cost of instruments, small tools (excluding the cost of The Minister’s services and equipment\furniture) and administrative support for each proposed personnel position for the Task Authorization period and each option year period

Category

Type of Personnel

Price Proposal (Fixed Per Diem, GST/HST Excluded)

TA Year 1 & 2 Option Year 1 Option Year 2

I Principle

II Senior

III Intermediate

2.3 Definition of a Day/Proration: A day is defined as 8 hours exclusive of meal breaks. Payment

shall be for days actually worked with no provision for annual leave, statutory holidays and sick leave. Time worked which is more or less than a day shall be prorated to reflect actual time worked in accordance with the following formula ( no additional mark-up/ premium for overtime hours:

Hours worked X firm fixed per diem rate

8 Hours

2.4 Tools Equipment and Instruments: The Consultant is required to supply and ship all tools, equipment and instruments required for the project from Canada to a designated Mission as directed by Foreign Affairs and International Trade Canada (DFATD). The cost of renting, and/or shipping of tools, equipment and instruments shall be included in the TA proposal. The shipping shall not have a mark-up included.

2.5 Sub-Contractor Mark-Up: The all-inclusive Sub-Contractor Mark Up, for the duration of the contract shall be xx%.



TP3 DELAYED PAYMENT 3.1 Subject to Clause TP3.4 below, if Her Majesty delays in making a payment that is due in accordance

with Clause TP1, the Consultant will be entitled to receive interest on the amount that is overdue for the period of time as defined in Clause TP3.2 including the day previous to the date of payment. Such date of payment shall be deemed to be the date on the cheque given for payment of the overdue amount. An amount is overdue when it is unpaid on the first day following the due date described in Clause TP1.1.

3.2 Except as provided for in Clause TP3.4, interest shall be paid on all amounts that are not paid by the due date or fifteen (15) days after the Consultant has delivered a Statutory Declaration in accordance with Clauses TP1.2 or TP1.3, whichever is the later.

3.3 The rate of interest shall be the Average Bank Rate plus three percent (3%) per year on any amount which is overdue pursuant to Clause TP3.1.

3.4 With respect to amounts which are less that fifteen (15) days overdue, no interest shall be payable or paid if a payment is made within the said fifteen (15) days unless the Consultant TA demands after such amounts have become due.

TP4 CLAIMS AGAINST, AND OBLIGATIONS OF THE CONSULTANT 4.1 The Consultant shall discharge all lawful obligations, and shall satisfy all lawful claims against the

Consultant, for services rendered to, or on behalf of, the Consultant in respect of the Contract, at least as often as the Contract requires Her Majesty to pay the Consultant.

4.2 Her Majesty may, in order to discharge lawful obligations of, and satisfy lawful claims against, the Consultant for services rendered to, or on behalf of, the Consultant in respect of the Contract, pay any amount that is due and payable to the Consultant pursuant to the Contract directly to the claimants against the Consultant.

4.3 A payment made pursuant to Clause TP4.2 is, to the extent of the payment, a discharge of Her Majesty's liability to the Consultant under the Contract, and will be deducted from an amount payable to the Consultant under the Contract.

4.4 For the purposes of this clause a claim shall be considered lawful when it is TA determined: 4.4.1 by a court of legal jurisdiction, or 4.4.2 by an arbitrator duly appointed to arbitrate the said claim, or 4.4.3 by a written notice delivered to the Departmental Representative and signed by the Consultant

authorizing payment of the said claim or claims. TP5 NO PAYMENT FOR ERRORS AND OMISSIONS 5.1 The Consultant shall not be entitled to payment in respect of costs incurred by the Consultant in

remedying errors and omissions in the Services that are attributable to the Consultant, the Consultant's employees, or persons for whom the Consultant has assumed responsibility in performing the Services.

TP6 PAYMENT FOR CHANGES AND REVISIONS 6.1 Payment for any additional or reduced Services provided by the Consultant and authorized by the

Departmental Representative shall be made in accordance with the terms of such authorization and these Terms of Payment.

6.2 Notwithstanding clause TP6.1, Her Majesty accepts no liability for any additional Services done by the Consultant over and above that required to be done by this Contract, unless a specific amendment is issued authorizing the Consultant to do such additional Services. Payment for any additional or reduced Services provided by the Consultant and authorized by the Departmental Representative shall be made in accordance with the terms of such authorization and these Terms of

Mark Up for Sub-Contractors % amount on invoice

July 1/12 to June 30/14



Payment. TP7 SUSPENSION COSTS 7.1 During a period of suspension of the Services, the Consultant shall minimize all costs and expenses

relating to the Services that may occur during the suspension period. 7.2 Within fourteen (14) days of notice of such suspension, the Consultant shall submit to the

Departmental Representative a schedule of costs and expenses, if any, that the Consultant expects to incur during the period of suspension, and for which the Consultant will request reimbursement.

7.3 Payment shall be made to the Consultant for those costs and expenses that are substantiated as having been reasonably incurred during the suspension period.

TP8 TERMINATION COSTS 8.1 In the event of termination of this Contract, Her Majesty shall pay, and the Consultant shall accept in

full settlement, an amount based on these Terms of Payment, for Services satisfactorily performed, plus an amount to compensate the Consultant for reasonable costs and expenses, if any, that are related to the Services not performed and incurred after the date of termination.

8.2 Within fourteen (14) days of notice of such termination, the Consultant shall submit to the Departmental Representative a schedule of costs and expenses incurred plus any additional costs that the Consultant expects to incur after the date of termination, and for which the Consultant will request reimbursement.

8.3 Payment shall be made to the Consultant for those costs and expenses that are substantiated as having been reasonably incurred after the date of termination.

TP9 DISBURSEMENTS

Disbursements by the Consultant are included in the contract value.

Appendix “A” DRAFT Statement of Work

Contract Number: ARP-INTL-AESVC-14105 of 42 T409-0807 – A&E Services Contract

APPENDIX “A” – STATEMENT OF WORK (SOW) Through the acceptance of a Task Authorization Form (i.e. TA), the Task Authorization Agreement holder will be required, but not limited, to perform any or all of the work described herein. The specific work requirements will be defined in each Task Authorization Form issued.

All work performed by the successful Consultant must conform to and comply with all applicable codes, regulations and standards of the province of Ontario, Canada and Canadian codes, regulations and standards including the 2010 National Building Code of Canada.

1. BACKGROUND:

1.1. The Department of Foreign Affairs and International Trade (DFATD) has Embassies and mission outposts throughout the world. It is the responsibility of the Physical Resources Bureau (ARD) to

construct and maintain these international assets. The Engineering and Commissioning Services section of ARD conducts/manages engineering reviews for construction and maintenance projects and the commissioning (Cx) processes, undertaken by the Department. DFATD is looking for expertise in

the Mechanical and Electrical (M&E) engineering disciplines, on an “as and when needed” basis, to help the Engineering and Commissioning section to fulfill its mandate. Our mandate is foremost to

provide M&E (Cx) services from the pre-design stage to post occupancy. Other M&E services such as, but not limited to, design of small in-house projects, on-site evaluation and technical assessment of

building systems, will also be required.

1.2. The DFATD Cx process is an “enhanced” Cx process as compared to Standard CSA Z320 Building Commissioning. DFATD Cx process is a quality-oriented process for achieving, verifying, and

documenting that the performance of facilities, systems, and assemblies meets defined objectives and criteria. The DFATD Cx Process puts an emphasis on the M&E firms who will represent the interests

of DFATD in the M&E Quality Assurance (QA) team and will provide, when required, the necessary M&E expertise to Project Managers (PM) and other stakeholders in developing the Owner Project Requirement document (also referred to in the Department as the Project Brief). The M&E Consultant

will use their expertise to verify that the project is achieving the Owner’s Project Requirements throughout the delivery of the project.

1.3. DFATD Cx process begins at project inception (Pre-Design Phase) and continues for the life of the facility (design, construction and functional performance testing, occupancy & operation and post-occupancy phases). The Cx process includes specific tasks to be conducted during each phase of the

construction process in order to verify that design, construction, and training meet the Owner’s Project Requirements. It should be noted that the Cx process will slightly differ between a Design-Bid-Build

(DBD) and a Design-Build (DB) process. Note that DFATD began a series of initiatives to ensure that sustainable development principles are built into our new and existing embassies. The Consultant will be expected to ensure that these sustainable design principles are included and adhered to in projects.

2. DEFINITIONS or GLOSSARY(Derived from CSA Z320 Building Commissioning)

Basis of design — documentation of the primary thought processes and assumptions behind design decisions that were made to meet the DFATD request for proposal (RFP) and project brief (PB). The basis of design describes the systems, components, conditions, and methods chosen to meet the requirement stated in the PB.

BMS Building Management System is a computer-based control system installed in buildings that controls and monitors the building’s mechanical and electrical equipment such as ventilation, lighting, power systems, fire systems, and security systems. A BMS consists of software and hardware which are incorporated into most DFATD buildings.

Commissioning (commissioning process) — a systematic verification, documentation, and training process applied to all activities during the design, construction, static verification, start-up, and

http://en.wikipedia.org/wiki/Computer

http://en.wikipedia.org/wiki/Ventilation_(architecture)

http://en.wikipedia.org/wiki/Lighting

http://en.wikipedia.org/wiki/Power_systems

http://en.wikipedia.org/wiki/Security_system

Appendix “A” Statement of Work


functional performance testing of equipment and systems in a facility to ensure that the facility operates in conformity with the DFATD project requirements and the basis of design in accordance with the contract documents. Note: Commissioning is an integral part of the design and construction process, and is intended to be undertaken throughout the life of a facility.

Commissioning authority — an individual or company identified by DFATD to lead the commissioning team in the implementation of the commissioning process. Note: Whereas, the commissioning authority may be a DFATD employee, representative or a third party. The final commissioning approval authority will always reside within DFATD.

Commissioning check sheets — the forms used to document the inspections, tests, etc., performed during the commissioning process.

Commissioning manual — manual that documents the commissioning process and contains all relevant information required to re-commission the facility.

Commissioning provider — an individual or company responsible for planning, coordinating, and carrying out the commissioning process. Note: The commissioning provider may be an individual employed by the commissioning authority.

Consultant — an individual who provides specialized resources and skills.

Contract documents — the documents that form the basis of a contract between DFATD and General Consultant (GC). These include specifications, drawings, tender forms, change orders, addenda, and site instructions.

Control system — a local system that controls the operation of a stand-alone mechanical system or mechanical equipment. A control system comprises controlled devices (e.g., valves), controlling devices (e.g., thermostats), control wiring, a power supply, and a control air system (i.e. pneumatics).

Deferred testing — the postponement of functional performance testing of equipment or systems due to the absence of required conditions (e.g., during construction, as a result of environmental factors, or as a result of occupant load and/or operational requirements).

Designer — any special Consultant who is involved in the planning and design process.

Design intent — the performance that a design is intended to achieve in order to meet the OPR and basis of design. This master plan for the systems is sometimes referred to as the “design concept”. The design intent is recorded in a design intent manual and guides the preparation of the contract documents.

The design intent documentation should cover the following for each system, major component, facility, and area: o general system description; o objectives and functional use of the system, equipment, or facility; o general quality of materials and construction; o occupancy requirements o Indoor environmental quality (IEQ) (i.e., space temperature, relative humidity, indoor air

quality, noise level, illumination level, etc.); o Performance criteria (i.e., general efficiency, energy and tolerances of the IEQ objectives,

etc.); o budget considerations and limitations; and o Restrictions and limitations of system or facility.

DFATD (Owner) – Department of Foreign Affairs and International Trade.

DFATD Project Brief (PB) — a dynamic document that provides the explanation of the ideas, concepts, and criteria that are considered to be very important to DFATD. The PB should indicate specific measurable goals and objectives to the greatest extent possible.

DFATD Representative (DR) A member of DFATD selected to represent the interests of the DFATD PM with respect to a particular project or activity. The DR will remain the Consultant’s point of contact into the Department throughout the life of the project.

Functional performance testing — a full range of tests under actual load, conducted to verify that specific systems, subsystems, components, and interfaces between systems conform to a given criteria. These tests are typically used to verify that a sequence of operation is correctly implemented



and that the design intent has been met. They are typically performed after equipment is placed in full operation.

General Consultant — an individual or company that enters into a contract with DFATD or authorized Consultant to undertake a project.

Inspection — a service traditionally provided as part of the normal scope of a designer’s work. Inspection includes a review of building systems and equipment, or parts thereof.

Integration — making diverse components and building systems work together under all potential reasonable operating conditions.

Interface — the effect created when independent and unrelated systems meet and act on or communicates with each other.

Mock-up — a model, either full size or to scale, of a construction system or assembly, used to analyze construction details, strength, appearance, functionality, and performance. It can be built on site as part of the finished work or in a shop environment.

Ongoing commissioning — a process/program that monitors and documents the building’s performance using the original commissioning documentation as a benchmark. Note: Ongoing commissioning should address all changes occurring in the facility and ensure commissioning is carried out and documented.

O&M manual — see Systems operation manual.

Optimization — adjusting the building systems TA that they run smoothly and operate in the most effective and efficient condition when a facility is being used as intended.

Project manager (PM) — DFATD representative responsible for coordinating and implementing a construction project. The PM may be a third party Consultant.

Seasonal testing — testing of equipment and systems that have been functionally tested during winter or summer conditions and require retesting during the opposite conditions. Note: Special emphasis is placed on functional performance testing during the shoulder seasons.

Systems operation manual (operations manual, systems manual, O&M manual) — a document that describes, in lay terms, the operation of all systems and equipment in a facility. An operations manual details modes of operation and includes associated diagrams that illustrate the sequence of operation for each system and interaction between individual systems.

Testing agency — a regulatory authority or other agency, individual, or Consultant authorized and/or charged by a facility owner, designer, or Consultant with the responsibility for carrying out functional performance testing and/or verification of building systems and equipment, or parts thereof.

Third party — an individual/Consultant who is independent of the design team and general Consultant and authorized by DFATD to act as a commissioning authority.

3. SCOPE 3.1. The schedule and level of effort for the delivery of services will be determined by the DFATD

Representative (DR) at the time and on the issuance of each individual TA after an acceptable amount of communication between the DR, the PM and the Consultant.

3.2. The services rendered by the selected firms will be in support of the provision of M&E Cx services

including design review, for DFATD real property (new construction, retrofit, maintenance and fit-up) projects in foreign countries. The Consultant’s support to the DFATD PM may include one or more of the Required Services (RS) listed below. The DR will remain the Consultant’s point of contact into the Department throughout the life of the project.

3.3. The M&E engineering Cx and design review services proposal provided to DFATD by the Consultant

must be complete, in that it must identify all major issues that could have a significant impact on the project, prior to any TA being issued. The intent is to promote a surprise-free environment which will enhance the success of project implementation.



3.4. For any of the RS listed below the Consultant shall: 3.4.1. Attend (either with DFATD representatives or representing the interests of DFATD) regular

project status meetings during the life of the project as determined at the time of TA and prepare and distribute minutes of these meetings in a timely fashion.

3.4.2. Submit project progress reports to the DR at intervals determined at the time of TA. 3.4.3. Be personally available to attend meetings in Ottawa and respond to inquiries within a half (½)

day at either the DR or PM’s request. 3.4.4. Be able to demonstrate the availability of adequate resources within their proposed team(s) to

deliver the scope of work outlined below without causing a delay in the project roll-out. 3.4.5. Request approval from the DR, prior to incorporation in the design, whenever the PM or other

DFATD project member requests a change that may alter the scope of work or add to the cost or complexity of the project, and/or the cost of M&E services.

4. Required Services (RS) 4.1. The Consultant may be requested to provide M&E Cx services for the following project phases.

4.1.1. Pre-design, (normally provided by DFATD staff and available to the Consultant), 4.1.2. Design, 4.1.3. Construction & functional performance testing, and 4.1.4. Occupancy and Operation phases.

4.2. For each phase the scope of work may include:

4.2.1. Pre-design phase

4.2.1.1. Provide input to the DFATD PM regarding M&E requirements. 4.2.1.2. When required, provide input in the development of DFATD RFP and PB. Tasks

include but are not limited to reviewing design intent documents and developing detailed M&E design concepts which form part of the RFP to hire either a consulting firm or a design builder.

4.2.1.3. Develop the Basis of Design.

4.2.2. Design phase

4.2.2.1. Provide thorough review of the design documents (drawings and specifications) at the conclusion of each of the following milestones: Schematic design, design development and 33%, 66% & 99% construction document submissions. Ensure that both systems and components meet design intent & code compliance. Provide detailed written comments as per the template provided.

4.2.2.2. Contribute M&E expertise and advice to design workshops and value engineering discussions/meetings.

4.2.2.3. Review Cx requirements and functionality of the proposed systems; this includes review of systems layouts for issues related to code compliance of the material used in construction as per National Building Code, Standards and Treasury Board policy.

4.2.2.4. Perform project constructability review. 4.2.2.5. Ensure that all DFATD special requirements, such as the design elements required by the

Guideline for Security and Information technology systems (also referred to as the “Blue book” and available from the DR), are included in the construction documents.

4.2.2.6. Review design specifications to ensure that they are fully coordinated with the proposed M&E systems.

4.2.2.7. Determine the Cx requirements and activities to be included in the contractual documents.

4.2.2.8. Prepare the Cx design document, plan, specifications and process activities in accordance with the activities listed below:

4.2.2.8.1. A detailed description of the responsibilities of all parties in a matrix form,



4.2.2.8.2. details of the Cx process & reporting and documentation requirements, 4.2.2.8.3. A construction checklist, and 4.2.2.8.4. Start-up requirements including functional testing procedures. 4.2.2.8.5. Preliminary life cycle cost analysis. 4.2.2.8.6. Development of building management plan and O&M budget. 4.2.2.8.7. Preliminary systems operating manual (TAM). 4.2.2.8.8. Identify O&M facilities, training requirements, equipment storage & BMS

requirements. 4.2.2.8.9. Revise/update O&M report. 4.2.2.8.10. Provide input to the systems/equipment identification protocol. 4.2.2.8.11. Identify service contract requirements.

4.2.3. Construction & functional performance testing phase

4.2.3.1. Coordinate and organize Cx activities in a logical, sequential and efficient manner using

consistent protocol and processes. 4.2.3.2. Provide clear and regular communication and consultation with all necessary parties,

primarily the DR and PM. 4.2.3.3. Participate on request to factory witness testing of specified equipment. 4.2.3.4. Review shop drawings and equipment submittals. 4.2.3.5. Update the Cx plan to reflect equipment and controls data. 4.2.3.6. Review Testing Adjusting and Balancing (TAB) schedule provided by the Consultant. 4.2.3.7. Establish a system for tracking issues requiring resolution. 4.2.3.8. Review the project schedule periodically to ensure Cx activities are properly incorporated

and provide feedback as needed. 4.2.3.9. When authorized by the DR, perform on-site visits to observe quality of the components

and system installations. 4.2.3.10. Monitor correct component and systems installation; including point-to-point checkout

and document all observations. 4.2.3.11. Witness equipment and systems start-up as deemed necessary. Provide complete

documentation of all Cx activities. Work with the general Consultant in completing the Cx checklist for the Functional performance testing of equipment.

4.2.3.12. Verify the completed construction checklist and provide testing of a sufficient amount of devices (10% to 15%) to determine the Consultant’s ability to perform DFATD’s Cx requirements.

4.2.3.13. Maintain a master list of issues and testing records. 4.2.3.14. Provide a detailed written report documenting site Cx inspection observations and

recommended corrective actions, in accordance with the template provided 4.2.3.15. Document the correction and retesting requirement for all non-compliant items. 4.2.3.16. Assist in the development of a preventive maintenance/operating & resource

management plan. 4.2.3.17. Provide guidance and support to the Project Manager when deficiencies or conflicting

results are found and provide an action plan and timeframe for any deficiency corrections. 4.2.3.18. With the help of the Consultant, define training requirements for Locally Engaged Staff

(LES) and Canadian Based Staff (CBS).

4.2.4. Occupancy and Operation Phases

4.2.4.1. Provide comprehensive documentation, design information/data and comments to allow owner to:

4.2.4.1.1. Finalize O&M budget. 4.2.4.1.2. Implement service and staffing contract. 4.2.4.1.3. Determine need and provide scope of work for a service contract.

4.2.4.2. Schedule and verify deferred and seasonal testing by the Consultant.



4.2.4.3. Return to the site when requested by the DR (usually at 10 months into the 12 month warranty period) and review with facility staff the current building operation and the condition of outstanding issues related to the original and seasonal Cx.

4.2.4.4. Interview facility staff and identify problems or concerns they have operating the building as originally intended. Make suggestions for improvements and for recording these changes in the O&M manuals.

4.2.4.5. Identify areas that may come under warranty or under the original construction contract and assist facility staff in developing report documents and requests for services to remedy outstanding problems.

4.2.4.6. Verify continuing training. 4.2.4.7. Verify the accuracy of the O&M manual. 4.2.4.8. Verify accuracy of as-built drawings and ensure their effective handover at the end of

projects. 4.2.4.9. Assist in determining the service contracts required to operate the building equipment at

the Mission. 4.2.4.10. Establish a system for tracking work order requests related to building equipment. 4.2.4.11. Attend lesson learned workshops 4.2.4.12. Complete the final Cx report in accordance with the template provided 4.2.4.13. Assist in the development of a preventive maintenance plan with Mission.

4.3. The Consultant must also provide Electrical Engineering Design Services for the following items :

4.3.1. Design of small missions and/or development of electrical tender document for design-built contracts. The level of detail would be a comprehensive electrical design complete with appropriate details and complete specifications for the following items:

4.3.1.1. Assessment of material for compliance with NBC; 4.3.1.2. Provide code comparison; 4.3.1.3. Provide alternative solution reports to validate design which is not compliant with NBC

or NFPA prescriptive design solutions; 4.3.1.4. Medium and/or High voltage electrical distribution equipment; 4.3.1.5. Normal, emergency and Uninterrupted Power Supply (UPS) power distribution system; 4.3.1.6. Surge suppression and voltage regulation; 4.3.1.7. Grounding and bonding requirements; 4.3.1.8. Lightning protection systems; 4.3.1.9. Electrical installations not limited to conductors and wiring, raceways and conduits,

receptacles and electrical devices; 4.3.1.10. Motor Control Centres c/w motors and disconnecting means; 4.3.1.11. Interior lighting design and low voltage central lighting control systems; 4.3.1.12. Exterior security lighting; 4.3.1.13. Emergency lighting; 4.3.1.14. Exit and access to egress exit signs; 4.3.1.15. Fire alarm system; 4.3.1.16. Dual fire pumps and fire pump controller; 4.3.1.17. Emergency generator(s) and Automatic Transfer Switch (ATS), and 4.3.1.18. Uninterrupted Power Supply (UPS);

4.3.2. The Consultant should be able to both analyse and provide power quality review based upon

the CBEMA curves; 4.3.3. Both interior and exterior lighting design; 4.3.4. Development of policies/standards related to electrical design and operation of electrical

systems; 4.3.5. Technical investigation of matters related to the electrical systems; 4.3.6. Code assessment of electrical systems; 4.3.7. Provide code comparisons as required 4.3.8. Provide justification and a report when deviating from the National Building Code's

prescriptive measures;



4.3.9. Apply and enforce all applicable Canadian Standards; 4.3.10. Provide code compliance review when deviating from the National Building Code

prescriptive measures. Alternative measures to meet the intent of the code shall be documented for records;

4.3.11. Analyse client requirements for security and Information Technology and provide direction and technical solutions.

4.3.12. Assist the PM in the development of terms of reference for the project RFP as well as the development of the project brief for both design-bid-build and design-build projects;

4.3.13. Provide miscellaneous assistance to the DFATD Electrical Engineer, including physical presence in the DFATD office, for a period of time to be determined at the time of the TA.

4.4. The Consultant must also provide Mechanical Engineering Design services for the following items:

4.4.1. Design of small missions and/or development of mechanical tender document for design-built contracts. Level of detail would be a comprehensive mechanical design complete with appropriate detail and complete specification for the following items:

4.4.1.1. Heating, Ventilation and Air-Conditioning (HVAC) Equipment and Systems, 4.4.1.2. Indoor Air Quality Ventilation requirements as per ASHRAE 62.1, 4.4.1.3. Heating Systems, 4.4.1.4. Cooling Systems, 4.4.1.5. Heat Recovery Systems, 4.4.1.6. Variable Air Volume Systems, 4.4.1.7. Fan Coil Unit Systems, 4.4.1.8. Duct Work – Design and Installation, 4.4.1.9. Noise Control and Seismic Design, 4.4.1.10. Design of Hydronic Systems, 4.4.1.11. Hot and Chilled Water Distribution System, 4.4.1.12. Potable Water Treatment, 4.4.1.13. Domestic Hot / Cold Water Supply, 4.4.1.14. Plumbing and Distribution System, 4.4.1.15. Sanitary Drain Waste and Vent Systems, 4.4.1.16. Sanitary waste disposal (septic systems), 4.4.1.17. Fire Prevention – Sprinkler and Standpipe Systems, 4.4.1.18. Water Supply for Fire Protection, 4.4.1.19. Dual Fire Pumps and Supervision of Control Valves, 4.4.1.20. Fuel Oil Storage and Distribution Systems, and 4.4.1.21. Building Management Systems (BMS).

4.4.2. Provide technical assessment of existing mechanical systems, installation and performance; 4.4.3. Design to Noise Criteria as described in the mechanical portion of the PB; 4.4.4. Perform Heat Load Calculations and Energy Analysis; 4.4.5. Evaluation of Pressure Drop Calculations for Air and Hydronic Systems; 4.4.6. Design Heating, Ventilating and Air Conditioning (HVAC) Systems in accordance with the

latest version of the National Building Code of Canada (NBCC); 4.4.7. Evaluate the existing building systems for code deficiencies. Deficiencies that relate to life

safety are to be remedied. The host country code shall be respected; however, the NBCC is considered the baseline standard;

4.4.8. Evaluate combustible material in plenums for smoke development and flame spread; 4.4.9. Evaluate Fire Dampers and or Fire Stops which may penetrate fire resistant structures; 4.4.10. Evaluate smoke detection in return ducts, where applicable; 4.4.11. Evaluate smoke evacuation systems in high rise buildings; 4.4.12. Evaluate adequacy and reliability of water supply for firefighting; 4.4.13. Evaluate parking garage requirements for mechanical exhaust system; 4.4.14. Provide Code compliance review when deviating from the National Building code

prescriptive measures. Alternative measures to meet the intent of code shall be documented for records;



4.4.15. Provide code comparison as required; 4.4.16. Analyze mission and building requirements for Security and Information Technology and

provide expert advice and propose technical solutions; 4.4.17. Analyse requirement for seismic bracing and restraints in seismically active areas; 4.4.18. Assist the PM in the development of terms of reference for the project RFP as well as the

development of the project brief for both design-bid-build and design-build projects; 4.4.19. Apply applicable Treasury Board Policies and standards; 4.4.20. Provide assistance to the DFATD Mechanical Engineer, including physical presence in the

DFATD office, for period of time to be determined at the time of the TA. 5. Travel 5.1. The Consultant may be required to travel in order to perform M&E Cx or other activities as requested

by the DFATD representative. A visit schedule shall be prepared for the DFATD Representative’s approval and included as a fixed price in the TA proposal. No travel will be carried out without the express permission of the DFATD representative. All travel will be conducted in accordance with Treasury Board guidelines for travel.

5.2. The Consultant will prepare an Inspection visit plan, approved by the DR, prior to all travel. 5.3. The Consultant will be responsible for making all travel arrangement for their staff. 5.4. The Consultant will be responsible for all costs related to shipping tools, equipment and instruments to

and from Missions.

6. Consultant Constraints

6.1. The Consultant will be required to work in harmony and cooperation with Consultants who are from different countries and cultures where construction and engineering practices are quite different and often inferior to those in Canada.

6.2. The Consultant may be required to work off of drawings that have been produced in a different language and poorly translated.

6.3. The Consultant, and all those who will assist him, must be cleared to SECRET for handling of certain files.

6.4. The Consultant may be required to travel extensively to countries with harsh climates, unstable governments and challenging security environments.

6.5. The Consultant will have to abide by Treasury Board guidelines for travel and compensation 6.6. The Consultant will have to provide all tools, equipment and instruments required for the efficient

conduct of on-site commissioning. 6.7. All design reviews will be completed by a licensed Professional Engineer registered to practice

Engineering in Canada. 7. Client Support offered by DFATD

7.1. DFATD may be required to provide the following:

7.1.1. As built drawings, 7.1.2. Design drawings for review in electronic and hard copy, 7.1.3. Access to DFATD unclassified computer network and work space for limited times at

Missions, 7.1.4. Access to the entire building during site visits, 7.1.5. Translation services on site. 7.1.6. Assistance in shipping tools/equipment and instruments to Missions.

7.2. When working in the DFATD Ottawa office, a work space with a desk, DFATD computer and telephone will be provided.

8. Meetings

8.1. The Consultant will



8.1.1. At the beginning of any Task Authorization, meet with the DR. 8.1.2. Attend all regularly scheduled project meetings as well as coordination meetings requested by

the DR. 8.1.3. Be able to attend all meetings given a maximum of a half days’ notice. 8.1.4. Represent the interests of DFATD during any meetings attended with the general Consultant

or their representatives. 8.1.5. Meet with the General Consultant or their representative as required. 8.1.6. At the completion of major inspections, such as substantial completion or final commissioning,

the Consultant will prepare a presentation to be presented in Ottawa in order to: provide an overview of the draft commissioning or site visit report, explain findings to the DFATD PM and DR, and to present any recommendations or concerns.

9. Deliverables

9.1. The Consultant will prepare a written report compliant with the clauses of this Statement of Work and shall be signed and sealed by a Professional Engineer licensed to practice in Canada upon the completion of any required design review. All numeric values in the report are to be presented in S.I. units. At minimum, the report is to include the following:

9.1.1. A description and summary of the results of the design review in accordance with the template provided;

9.1.2. A description of the method of review and calculations, and the design code(s) and standards used. If designs are not based on Canadian material and design standards, include an explanation and justification as to why alternate standards were used;

9.1.3. A description of any deficiencies uncovered, including the level of effort to remedy each shortfall;

9.1.4. A cost estimate of the required changes to the project, based on delivery of the project in Canada, and

9.2. The Consultant will prepare a written Cx report compliant with the clauses of this Statement of Work and in accordance with the template provided upon the completion of any ongoing construction site visit or commissioning activity. All numeric values in the report are to be presented in S.I. units.

9.3. The Consultant will prepare a written Final Cx report compliant with the clauses of this Statement of

Work and in accordance with the template provided upon the completion of the Final Cx Inspection. All numeric values in the report are to be presented in S.I. units.

9.4. Reports must be in either English or French, to be defined by the DR at the time of the initial Task

Authorization Request.

9.5. Reports are to be submitted in electronic format only. Two electronic copies on a CD-ROM in a format used by DFATD; such as: Adobe Acrobat, Microsoft Excel, AutoCAD 2000, and Microsoft Word, unless otherwise directed by the DR.

10. Health and Safety

10.1. Work performed: All work shall be performed by a Professional Engineer and/or an Electrical or

Mechanical Engineering Technician/Technologist (C.E.T.) as defined under the section titled, “Definition of Workers”.

10.2. Electrical Lock-Out and Tag-Out (Zero Energy): There shall be no installation, connection or disconnection, repair or service work authorized on energized electrical equipment under this Contract. All work under this Contract, as noted and defined in the sentence above, shall be performed on electrical equipment which is ‘Locked-Out and Tagged-Out” as per all applicable standards and references listed under the section titled, “Acts – Codes – Regulations and Standards”.



10.3. Personal protective equipment: All personnel shall furnish and wear at all times while performing work, the appropriate and required personal protective equipment as prescribed in all applicable references listed under the section titled, “Acts – Codes – Regulations and Standards”.

10.4. Working at heights: When the Consultant is required to work at heights as defined in the Canada Labour Code Part II and the Canada Occupational Health and Safety Regulations the Consultant shall furnish and wear at all times the appropriate and required fall arrest and/or fall restraint equipment as per all applicable references listed under the section titled, “Acts – Codes – Regulations and Standards”.

Confined spaces: When the Consultant is required to work in a confined space as defined under the Canada Occupational Health and Safety Regulations, the Consultant shall first obtain written

authorization from the Departmental Representative. The Consultant shall also furnish and wear at all times the appropriate and required personal protective equipment and furnish and utilize all

required supplemental safety equipment as per all applicable references listed under the section titled, “Acts – Codes – Regulations and Standards”.

APPENDIX “B” DRAFT Task Authorization Form


APPENDIX “B” - TASK AUTHORIZATION FORM

In final versions, these instructions and all the colored text boxes containing commentary (such as [check the

appropriate box]) must be removed.

Words in blue indicate variables that must be addressed.

TASK AUTHORIZATION Contractor: Contract Number: Commitment Number: Financial Coding: Task Number: Date:

TA Request (For completion by Departmental Representative)

1. Description of Work to be Performed

Statement of Work

2. PERIOD OF SERVICES From: To: 3. Work Location

4. Travel Requirements Yes No Specify:

5. Other Conditions /Restraints Yes No Specify:

6. Task Proposal ( insert rows as

required) Check ():Attached Estimated Cost Fixed Price

7. LEVEL OF SECURITY CLEARANCE REQUIRED FOR THE CONTRACTOR’S PERSONNEL Reliability Status Secret Top Secret Other 8. BILINGUALISM (if applicable)

YES NO

List of the categories of personnel for whom the bilingualism is required: [List the categories of personnel

requiring bilingualism]

TA Proposal [For completion by Contractor]

9. Estimated Cost Contract <Insert additional rows as required> Category (Level) and Name of

Proposed Resource PWGSC Security

File Number Firm Per

Diem Rate Estimated

# of Days Total cost

Professional services estimated

cost Total

HST

Grand Total

Travel Fixed Cost

Living Fixed Cost

HST

Total Travel & Living Cost Grand Total for Labour and Travel

TA Approval

Section “V” Task Authorization Form


10. Signing Authorities Name, Title and Signature of Individual Authorized to Sign on

Behalf of Contractor

Date

Name, Title and Signature of Individual Authorized to Sign on

Behalf of the Departmental Representative Date

Name, Title and Signature of Individual Authorized to Sign on

Behalf of Contracting Authority

Date

11. Basis of Payment & Invoicing In Accordance with the article entitled “Basis of Payment” in the Contract.

Payment to be made based on receipt of detailed monthly invoices for services rendered, subject to full

acceptance by the Project/Technical Authority. Total of payments not to exceed the grand total.

Original invoices shall be sent to the Project/Technical Authority. One copy of each invoice, together with

attachments, shall be sent to the Contracting Authority.

DELIVERABLE ACCEPTANCE

Department Name: _______________________

Task Authorization Number: _______________________

Contract Authority: _______________________

Date Submitted: [YYYY-MM-DD]

DESCRIPTION OF DELIVERABLE(S)

[Describe the deliverables accepted]

Name of the individual who accepted the deliverable: _______________________ Title of the individual who accepted the deliverable: _______________________ Date accepted: [YYYY-MM-DD]

Signature of the individual who accepted the deliverable: _______________________ Comments:

Appendix “C” War Zone Waiver


APPENDIX “C” – MANDATORY WAIVER FOR TRAVEL TO DESIGNATED WARZONES

AGREEMENT RESPECTING RESPONSIBILITY AND RISK ASSOCIATED WITH WORK TO

BE UNDERTAKEN FOR THE GOVERNMENT OF CANADA IN <INSERT COUNTRY>

Definitions “The Government of Canada” means Her Majesty the Queen in Right of Canada as represented by the Department of Foreign Affairs and International Trade.

1.0 Risk

1.1 The Contractor acknowledges that the security situation in <INSERT COUNTY> remains

extremely volatile and unpredictable and that the threat to foreign nationals, including Canadians, from terrorist and criminal violence in those country are high and insurgency attacks are not expected to diminish.

The Contractor further acknowledges that there is a continuing threat of terrorist actions, including attacks using vehicles, improvised explosive devices and other forms of bombs. There have been numerous attacks on international organizations, international aid workers, journalists, foreign interests, and foreign nationals throughout the country. Foreigners have been killed, kidnapped, and/or held hostage. Crime is a serious concern. Foreigners have been victims of violent attacks, including armed robbery and rape. Travelling at night should be avoided.

1.2 The Contractor acknowledges that he has read and understood the Travel Report on those

country provided by the Department of Foreign Affairs Trade and Development Canada (hereinafter “DFATD”), and attached hereto, and further acknowledges that serious risk to his life and safety are associated with travel to <INSERT COUNTRY>.

1.3 The Contractor acknowledges that in the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. Canadians in those (4) countries whose emergency contingency plan involves an evacuation to a third country by air or road are strongly advised to maintain a valid visa for that country.

1.4 The decision to travel to those (4) countries is the sole responsibility of the Contractor and the

Contractor is responsible for his own personal safety.

2.0 Waiver and Indemnification

2.1 The Contractor shall indemnify and save harmless the Government of Canada from and against all claims, actions, causes of action, loss, damage, expense and costs, whatsoever, made by any person and arising out of or resulting directly or indirectly, from:

(a) the negligent performance by the Contractor of any of his duties or tasks to be

undertaken for the Government of Canada in those (4) country and for which a contract for services has been entered into as between the Contractor’s employer,…………., and the Government of Canada;

(b) any default of the Contractor in the performance of his duties and tasks undertaken

for the Government of Canada in those (4) countries and for which a contract for services has been entered into as between the Contractor’s employer, ………..and the Government of Canada;



(c) the remedying of any such default or negligence by the Contractor, the Government

of Canada or by any other person; and (d) any act or omission of the Contractor resulting in any harm or injury to any person.

2.2 Reciprocally, the Government of Canada shall indemnify and save harmless the Contractor

from and against any and all claims, actions, causes of action, loss, damage, expense and costs, whatsoever, made by any person arising out of or resulting directly or indirectly, from any negligence of the Government of Canada or its employees.

2.3 The Government of Canada, its servants and employees shall not be liable nor responsible in

any way for any personal or consequential injury of any nature whatsoever, including loss of life, that may be suffered by the Contractor, or for any loss or damage to any property belonging to the Contractor for any reason unless due to the Government of Canada’s gross negligence.

3.0 Insurance 3.1 The Contractor acknowledges that it is his sole responsibility to obtain all perils Insurance prior

to travelling to <INSERT COUNTRY>. It is acknowledged that the Government of Canada will reimburse the Contractor for the costs associated with the purchase of said Insurance but that the Government of Canada neither warrants nor guarantees the terms of the Insurance.

4.0 Confidentiality 4.1 Any information of a character confidential to the affairs of the Government of Canada to

which the Contractor becomes privy as a result of the work to be performed in those (4) countries, shall be treated as confidential, during, as well as, after the performance of the said services. Any breach of this provision by the Contractor may result in the termination of any contract, and may result in a determination that the Contractor is ineligible to contract with the Government of Canada.

This Agreement supersedes all previous agreements, negotiations, statements and undertakings and it shall be the only agreement document between the Parties with respect to the Contractor’s travel to those (4) countries on a contract for services basis. WITNESS WHEREOF the Contractor and the Representative of the Department of Foreign Affairs and International Trade Canada have duly signed and executed these presents in the City of Ottawa, Ontario on the ____day of _______ 2015.

SIGNATURE of Contractor: ___________________________________________

SIGNATURE of DFATD Representative: _________________________________

Appendix “D” Certification Former public Servants


APPENDIX “D” – CERTIFICATION for

FORMER PUBLIC SERVANTS

ARP Mechanical and Electrical Engineering Solicitation # ARP-INTL-AESVC-14105

Failure to execute and submit this certification with the TA, may render the proponent non-responsive.

Contracts with former public servants (FPS) in receipt of a pension or of a lump sum payment must bear the closest public scrutiny, and reflect fairness in the spending of public funds. In order to comply with Treasury Board policies and directives on contracts with FPS, bidders must provide the information required below.

Definitions

For the purposes of this clause, "former public servant" is any former member of a department as defined in the Financial Administration Act, R.S., 1985, c. F-11, a former member of the Canadian Armed Forces or a former member of the Royal Canadian Mounted Police. A former public servant may be:

a. an individual; b. an individual who has incorporated; c. a partnership made of former public servants; or d. a sole proprietorship or entity where the affected individual has a controlling or major interest in the

entity.

"lump sum payment period" means the period measured in weeks of salary, for which payment has been made to facilitate the transition to retirement or to other employment as a result of the implementation of various programs to reduce the size of the Public Service. The lump sum payment period does not include the period of severance pay, which is measured in a like manner.

"pension" means, in the context of the fee abatement formula, a pension or annual allowance paid under the Public Service Superannuation Act (PSSA), R.S., 1985, c. P-36, and any increases paid pursuant to the Supplementary Retirement Benefits Act, R.S., 1985, c. S-24 as it affects the PSSA. It does not include pensions payable pursuant to the Canadian Forces Superannuation Act, R.S., 1985, c. C-17, the Defence Services Pension Continuation Act, 1970, c. D-3, the Royal Canadian Mounted Police Pension Continuation Act , 1970, c. R-10, and the Royal Canadian Mounted Police Superannuation Act, R.S., 1985, c. R-11, the Members of Parliament Retiring Allowances Act , R.S., 1985, c. M-5, and that portion of pension payable to the Canada Pension Plan Act, R.S., 1985, c. C-8.

Former Public Servant in Receipt of a Pension

Is the Bidder a FPS in receipt of a pension as defined above? Yes ( ) No ( )

If so, the Bidder must provide the following information:

a. name of former public servant; b. date of termination of employment or retirement from the Public Service.

Work Force Reduction Program

Is the Bidder a FPS who received a lump sum payment pursuant to the terms of a work force reduction program? Yes ( ) No ( )



If so, the Bidder must provide the following information:

a. name of former public servant; b. conditions of the lump sum payment incentive; c. date of termination of employment; d. amount of lump sum payment; e. rate of pay on which lump sum payment is based; f. period of lump sum payment including start date, end date and number of weeks; g. number and amount (professional fees) of other contracts subject to the restrictions of a work force

reduction program.

For all contracts awarded during the lump sum payment period, the total amount of fees that may be paid to FPS who received a lump sum payment is $5,000, including the Goods and Services Tax or Harmonized Sales Tax.

Certification

By submitting a bid, the Bidder certifies that

I ________________________, the undersigned, as a potential proponent in the above mentioned solicitation, certify that the information submitted by __________________________, in response to the above requirements is accurate and complete.

Full Name

Title

Signature Date _____________, 2012

Appendix “E” Travel Directive


APPENDIX “E”

TRAVEL DIRECTIVE FOR PERSON UNDER CONTRACT WITH THE CANADIAN FEDERAL

GOVERNMENT

AS PER TREASURY BOARD DIRECTIVE

Persons on contract

1 Identify travel costs in contract

The authority to enter into a contract with persons outside the Public Service is contained in the Contracting Policy. The rates and allowances to be reimbursed for government business travel are stipulated in Appendices B, C and D of the Travel Directive. Travel expenses must be treated as an amount payable under the contract for services rendered. All travel expenses payable must be specified and the costs included as part of the overall cost of the Task Authorization.

2 Amounts payable

Where a contract specifies that "travel is in accordance with the Travel Directive", it refers strictly to the negotiated meal, private vehicle and incidental allowances specified in Appendices B, C and D, and to those policy provisions referring to "travellers" rather than those referring to "employees". It is a department's responsibility to inform contractors (and those bidding on contracts) of the current government rates and allowances.

3 No fees paid

A contract may be entered into where the only consideration for services rendered is payment of all or part of the travelling expenses incurred, and there are no fees paid. This could include volunteers and private sector experts. Where the contract is a verbal agreement between the parties concerned, officers with payment authority should obtain a memorandum from the contracting authority outlining the agreed-upon terms of the engagement and the applicable travel provisions.

4 Air fares

In an effort to contain costs, the department will reimburse consultants for fares up to full-fare economy only. Contractors are required to seek the lowest possible airfares, including charters and other discounts for each trip, and to book immediately upon contract approval, in order to take advantage of the lowest fares. The employing department retains the right to limit the reimbursement of the air portion when the lowest appropriate fare is not obtained. Upgrades to business or first class may be personally paid by the contractor or private sector company, where this is company policy.

5 Private motor vehicles

Contractors who use a private motor vehicle are entirely responsible for the management and underwriting of risk pertaining to the operation of the vehicle. Insurance premiums are paid by the contractor and are not reimbursed other than through the payment of the kilometric allowance (Appendix B of the Travel Directive). This mode of travel, once parking and time-billed are included, is only permitted when cost-effective in relation to commercial transportation.



6 Crown-owned vehicles

Crown-owned vehicles should not be driven by contractors or other people travelling on government business. If they are authorized by a department, it is with the knowledge that the Crown self-insures for vehicles and that insurance protection is not provided for either the driver or vehicle.

7 Insurance

Individuals other than public servants who travel as passengers in government-owned vehicles are not covered by the Crown for any type of insurance purposes. Certain insurance benefits are part of employees' compensation package, but it is the financial responsibility of contractors to cover the cost of insurance, such as, for cars/accidents/sickness/airline travel and immunizations, except for war zone insurance which is reimbursable.

8 Booking air and hotels

Reservations for transportation and accommodation will, where determined to be practical by the department concerned, be arranged through the department in order to qualify for reduced rates. In cases, where they are not, hotel management is not obligated to provide government preferred rates to government contractors, although it may elect to do so. Contractors are expected to use moderately priced hotels. Unreasonably high-priced accommodation or transportation will not be accepted. Should a contractor stay with friends or relatives, the private non-commercial accommodation rate is acceptable.

9 Travel costs

Contractors, shall make their own travel arrangements. Arrangements may be made through private travel agents or directly with suppliers. In such cases the contractor is expected to pay for all travel and related living expenses personally with the fixed travel cost allocation in the Task Authorization Form. Departments shall not pay the suppliers of travel and related services (hotel, air, etc.) directly, but will reimburse the contractor for fixed costs incurred. Such expenses as telephone calls home, child care and weekend travel home are not paid to contractors (persons other than employees).

In the event that travel is subsequently rescheduled or cancelled by the Departmental Representative, after approval of a task, Her Majesty shall reimburse the Proponent for the direct costs of rescheduling or cancellation of the trip incurred by him.

10 Travel advances

Contractors are not supposed to be provided with a travel advance as this is one of their normal business expenses. Advances could imply an employer-employee relationship. Contractors are expected to fund their own travel expenses and bill the department following the trip, within the terms of the appropriate travel provisions and the level of travel funds authorized within the terms of the contract. The cost of self-funding travel is to be covered within the administrative overhead of the contract and/or per diem payment. Departments can approve a limited advance, only in highly exceptional circumstances where the contractor is in the unusual situation of being unable to finance the trip, for example, to a university professor. Departments are advised that it would be difficult to recover an advance from an individual or company in the event of financial difficulties.

11 Business and pleasure

When contractors combine government business travel with either personal or business travel for other clients, or other departments, the travel expenses must be appropriately apportioned. Additional travel costs pertaining to indirect routings and stopovers, or extensions at work location(s) will be paid by the contractor.

Appendix “F” Geographic Locations


Appendix “F” Geographic Location Detail

The following is a list of possible locations where work may be Called-Up on under the Task Authorization Contract and is subject to change.

Africa / Middle East

Country Mission Country Mission

ALGERIA Algiers MOZAMBIQUE Maputo

BURKINA FASO Ouagadougou NIGER Niamey

CAMEROON Yaounde NIGERIA Abuja

DEMOCRATIC REPUBLIC OF

CONGO Kinshasa Lagos

EGYPT Cairo QATAR Doha

ETHIOPIA Addis Ababa RWANDA Kigali

GHANA Accra SAUDI ARABIA Riyadh

IRAN Tehran SENEGAL Dakar

ISRAEL Tel Aviv SOUTH AFRICA Johannesburg

West Bank and Gaza Strip Ramallah Pretoria

IVORY COAST Abidjan SOUTH SUDAN Juba

JORDAN Amman SUDAN Khartoum

KENYA Nairobi SYRIA Damascus

KUWAIT Kuwait TANZANIA Dar es Salaam

LEBANON Beirut TUNISIA Tunis

LIBYA Tripoli UNITED ARAB

EMIRATES

Abu Dhabi

MALI Bamako Dubai

MOROCCO Rabat ZAMBIA Lusaka

ZIMBABWE Harare



Americas (North, South, Central and Caribbean)


MEXICO Acapulco ARGENTINA Buenos Aires

Cancún BARBADOS Bridgetown

Guadalajara BOLIVIA La Paz

Mazatlan BRAZIL Belo Horizonte

Mexico Brasilia

Monterrey Porto Alegre

Playa del Carmen Recife

Puerto Vallarta Rio de Janeiro

San Jose Del Cabo São Paulo

UNITED STATES Anchorage CHILE Santiago

Atlanta COLOMBIA Bogota

Boston COSTA RICA San José

Buffalo CUBA Havana

Chicago

DOMINICAN

REPUBLIC Punta Cana

Dallas Santo Domingo

Denver ECUADOR Quito

Detroit EL SAVADOR San Salvador

Houston GUATEMALA Guatemala City

Los Angeles GUYANA Georgetown

Miami HAÏTI Port-au-Prince

Minneapolis HONDURAS Tegucigalpa

New York/CONGEN JAMAICA Kingston

New York/PERMIS NICARAGUA Managua

Palo Alto PANAMA Panama

Philadelphia PERU Lima

Phoenix

TRINIDAD AND

TOBAGO Port of Spain

Princeton URUGUAY Montevideo

Raleigh VENEZUELA Caracas

San Diego

San Francisco

Seattle

Washington

Washington/OAS



Europe


AUSTRIA Vienna KAZAKHSTAN Almaty

Vienna PERM Astana

Vienna VOSCE LATVIA Riga

BELGIUM Brussels LITHUANIA Vilnius

Brussels/EU NETHERLANDS The Hague

Brussels/NATO NORWAY Oslo

BULGARIA Sofia POLAND Warsaw

CROATIA Zagreb PORTUGAL Lisbon

CZECH REPUBLIC Prague ROMANIA Bucharest

DENMARK Copenhagen RUSSIA Moscow

ESTONIA Tallinn SERBIA Belgrade

FINLAND Helsinki SLOVAKIA Bratislava

FRANCE Paris SPAIN Barcelona

Paris/OECD Madrid

Paris/UNESCO SWEDEN Stockholm

GERMANY Berlin SWITZERLAND Berne

Düsseldorf Geneva

Munich TURKEY Ankara

GREECE Athens Istanbul

HUNGARY Budapest UKRAINE Kiev

ICELAND Reykjavik UNITED KINGDOM London

IRELAND Dublin VATICAN CITY Vatican

ITALY Rome

Asia/ Pacific


AFGHANISTAN Kabul JAPAN Kitakyushu

AUSTRALIA Canberra Nagoya

Sydney Sapporo

BANGLADESH Dhaka Tokyo

BRUNEI Bandar Seri Begawan KOREA, SOUTH Seoul

CHINA (PEOPLE'S

REPUBLIC OF) Beijing

MALAYSIA Kuala Lumpur

Chongqing MONGOLIA Ulaan Baatar

Guangzhou MYANMAR Yangoon

Shanghai NEPAL Kathmandu

HONG KONG Hong Kong NEW ZEALAND Auckland

INDIA Ahmedabad Wellington

Bangalore PAKISTAN Islamabad

Chandigarh Karachi

Chennai PHILIPPINES Manila

Hyderabad SINGAPORE Singapore

Kolkata SRI LANKA Colombo

Mumbai TAIWAN Taipei

New Delhi THAILAND Bangkok

INDONESIA Jakarta VIETNAM Hanoi

Ho Chi Minh City