Request for Proposals (RFP) For Investment ... - YWCA Toronto

Request for Proposals (RFP)
For
Investment Management Services
Request for Proposals No.: 2013-001
Issued: February 4 th , 2013
Proposal Submission Deadline: Tuesday, March 12 th , 2013 at 1:00:00 PM EST
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TABLE OF CONTENTS
1 PART 1 – INTRODUCTION ................................................................................................ 4
1.1 Invitation to Proponents ................................................................................................... 4
1.2 Type of Contract For Deliverables ................................................................................... 4
1.3 No Guarantee of Volume of Work or Exclusivity of Contract ............................................ 4
1.4 Trade Agreements ........................................................................................................... 4
1.5 Definitions ....................................................................................................................... 4
2 PART 2 - THE DELIVERABLES ......................................................................................... 5
2.1 Background ..................................................................................................................... 5
2.2 Description of Deliverables .............................................................................................. 5
3 PART 3 - EVALUATION OF PROPOSALS ........................................................................ 6
3.1 Stages of Proposal Evaluation ......................................................................................... 6
3.2 Stage I - Mandatory Requirements .................................................................................. 7
3.3 Stage II – Evaluation of Rated Criteria ............................................................................. 8
3.4 Stage III – Presentation ................................................................................................. 11
3.5 Stage IV – Evaluation of Pricing .................................................................................... 11
4 PART 4 - TERMS AND CONDITIONS OF THE RFP PROCESS ...................................... 12
4.1 General Information and Instructions ............................................................................. 12
4.2 Communication After Issuance of RFP .......................................................................... 13
4.3 Submission of Proposals ............................................................................................... 14
4.4 Execution of Agreement, Notification and Debriefing ..................................................... 15
4.5 Prohibited Communications, Confidential Information and FIPPA .................................. 16
4.6 Reserved Rights and Governing Law ............................................................................ 17
APPENDIX A – Form of Offer ................................................................................................. 19
APPENDIX B – Rate Bid Form ................................................................................................ 20
APPENDIX C – Reference Form ............................................................................................. 23
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To: YWCA Toronto
Email: abychkova@ywcatoronto.org
INTENT TO RESPOND SCHEDULE
Re: RFP #
Proponents are asked to submit their intent to respond to YWCA Toronto RFP # for the
provision of an Investment Manager and to provide Investment Management Services. By
sending this Intent to Respond Schedule by email to the attention of the RFP Coordinator are
confirming receipt of the YWCA Toronto RFP # and will be notified of any addendum issued to
this RFP, which will be forwarded to the person whose name is identified below.
I hereby acknowledge receipt of the above noted RFP.
[Please check your answer.]
I/We DO □ DO NOT □ Intend to submit a Proposal to this RFP.
Representative’s contact information:
Company Name
Representative’s Signature
Address
Name: Please Print
City, Province, Postal Code
Title
Phone
Date
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PART 1 – INTRODUCTION
1 PART 1 – INTRODUCTION
1.1 Invitation to Proponents
This Request for Proposals ("RFP") is an invitation to prospective Proponents to submit
proposals for the provision of an Investment Manager to provide Investment Management
Services, as further described in Part 2 - The Deliverables (the “Deliverables"). This RFP is
issued by YWCA Toronto.
1.2 Type of Contract For Deliverables
The selected Proponent will be required to enter into an agreement with YWCA Toronto for the
provision of the Deliverables. It is YWCA Toronto’s intention to enter into an Agreement with
only one (1) legal entity. The term of the agreement is to be for a period of Three (3) Years with
an option in favour of YWCA Toronto to extend the agreement on the same terms and
conditions for two (2) additional one (1) year terms. It is anticipated that the agreement will be
executed on or around May 1 st , 2013.
1.3 No Guarantee of Volume of Work or Exclusivity of Contract
YWCA Toronto makes no guarantee of the value or volume of work to be assigned to the
successful Proponent. The Agreement executed with the successful Proponent will not be an
exclusive contract for the provision of the described Deliverables. YWCA Toronto may contract
with others for the same or similar Deliverables to those described in this RFP or may obtain the
same or similar Deliverables internally.
1.4 Trade Agreements
Proponents should note that procurements falling within the scope of:
(i) Chapter 5 of the Agreement on Internal Trade ("AIT"); (ii) the Trade and Cooperation
Agreement between Ontario and Quebec ("Ontario/Quebec"); or, (iii) the Agreement between
the Government of Canada and the Government of the United States of America on
Government Procurement ("GPA") are subject, respectively, to that chapter or those
agreements but that the rights and obligations of the parties shall be governed by the specific
terms of each particular tender call. In any event of the preceding, all rights under each of those
trade agreements, wherever prosecuted, shall be limited to the remedies available in each. For
further reference please see: (for the AIT) the Internal Trade Secretariat website; (for
Ontario/Quebec) the Ontario Ministry of Economic Development and Trade website; and (for the
GPA) the Canadian Federal Government website.
1.5 Definitions
Unless otherwise specified in this RFP, capitalized words and phrases have their natural
meaning.
“Addenda/Addendum”
Means those documents amending this RFP as set out in
Section 4.2.2.
“Evaluation Committee” Means the committee responsible for evaluating
Proposals received for this RFP process. The Evaluation
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“Must”
“Noncompliant”
“Privacy Law”
“Proponent”
“Proposal”
“Requirements”
“RFP”
“Submission Deadline”
YWCA Toronto Contact
Committee will be comprised of representatives from
YWCA Toronto.
Means Proponents “must” include the required information
in the RFP submission.
Means a Proposal that did not meet one of the mandatory
requirements of this RFP. Noncompliant Proposals will be
eliminated from further evaluation in the process.
Means any law or regulation, of any nature, whether
federal, provincial or territorial, dealing with Privacy Law,
personal information protection and electronic documents
protection and enforcement.
Means a single person or entity who submits a Proposal in
accordance with this RFP.
Means the response of a Proponent to this RFP by way of
submission all documents and information required by this
RFP.
Means those stated requirements for the Services set out
in this RFP.
Means this request for proposal (RFP) process and the
RFP document including all its attachments, as the
context requires, and any Addenda that may be issued.
Means the deadline for submission of Proposals which is
March 12, 2013 at 1:00:00 pm EST (local time).
Anna Bychkova
abychkova@ywcatoronto.org
[End of Part 1]
2 PART 2 - THE DELIVERABLES
2.1 Background
YWCA Toronto is dedicated to improving the lives of women and girls. We help women and
girls flee violence, secure housing, find jobs, establish their voices, enhance skills and develop
confidence. We offer a range of housing options, employment and training programs,
community support programs, girls’ programs and family programs. We also engage in
systemic advocacy.
2.2 Description of Deliverables
YWCA Toronto is seeking an Investment Manager who can provide investment management
services to ensure the preservation of existing YWCA Toronto capital as well as an annual
return on existing investments.
At present, YWCA Toronto has operating reserves as well as reserves for capital replacement.
The portfolio value as of December 31, 2012 was estimated at just over $3,400,000.00 CAD.
YWCA Toronto is looking to create a relationship with an Investment Management Firm who
can provide a dedicated investment manager who will be able to:
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Provide investment management services that will ensure the preservation of existing
funds in addition to an annual return on existing investments;
Provide advice and guidance to YWCA Toronto relating to existing investment portfolio
as well as future investments;
Provide advice and guidance on asset mix;
Attend meetings as required throughout the year (minimum of two (2) meetings per
annum);
Work with YWCA Toronto to develop an investment policy that takes into account the
needs and risks inherent to a charity organization of similar size;
Provide telephone advice and be available for consultation on a regular basis; and
Act as a resource to YWCA Toronto relating to their investment needs.
It is important to YWCA Toronto that the organizations they engage with align with their
corporate values in relation to the promotion of women and provide an environment of inclusion.
Although not a requirement, YWCA Toronto encourages the selection of a team including
women in key roles.
Furthermore, YWCA Toronto is interested in working with an Investment Management Firm who
is able to provide socially responsible investment options in addition to pooled funds. It is key
that YWCA Toronto be able to achieve a high and consistent return on investment with the
preservation of existing capital at a return rate of between four (4) to five (5) percent income per
annum. This return can be achieved through a combination of interest, dividends, capital gains,
capital appreciation, and does not necessarily need to be a realized gain or realized capital
appreciation.
[End of Part 2]
3 PART 3 - EVALUATION OF PROPOSALS
3.1 Stages of Proposal Evaluation
YWCA Toronto will conduct the evaluation of proposals in the following four (4) stages:
Stage Total Points Threshold
Stage I – Mandatory N/A Pass/Fail
Stage II – Rated Criteria 40 points Top three (3) vendors who
achieve 65% or more
Stage III – Presentation 35 points N/A
Stage IV – Pricing 25 points N/A
Total Points 100
3.1.1 Stage I
Stage I will consist of a review to determine which proposals comply with all of the mandatory
requirements. Proposals, which do not comply with all of the mandatory requirements, may,
subject to the express and implied rights of YWCA Toronto, be disqualified and not evaluated
further.
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3.1.2 Stage II
Stage II will consist of a scoring by YWCA Toronto of each qualified proposal on the basis of the
rated criteria. The top three (3) Proponents achieving a score of 65% or 65 of the total 100
points will pass to Stage III. YWCA Toronto reserves the right to invite up to two (2) additional
Proponents to participate in Stage III where their total points are within 15 points of the first
ranked Proponent at the end of Stage II.
3.1.3 Stage III
Upon completion of Stage II, the top three (3) to five (5) Proponents who achieve a minimum
score of 65% will move to Stage III which entails a one (1) hour presentation to YWCA Toronto.
The presentation will provide an introduction to the firm and the proposed Investment Manager
as well as provide high level details of the firm’s investment strategy and approach to this
project. Further details regarding evaluation criteria for the presentation will be provided when
the selected Proponents are notified.
3.1.4 Stage IV
Upon completion of Stage III, the sealed pricing envelope provided by each Proponent will then
be opened for the top three (3) to five (5) Proponents and Stage IV will consist of a scoring of
the pricing submitted. The evaluation of price/cost shall be undertaken after the evaluation of
mandatory requirements, any rated requirements and presentation has been completed. Where
the Proponent was not in the top three (3) to five (5) Proponents, the pricing envelop shall
remain unopened and will be destroyed at the end of the procurement process.
3.1.5 Cumulative Score
At the conclusion of Stage IV, all scores from Stage II, Stage III and Stage IV will be added and,
subject to satisfactory reference checks and the express and implied rights of YWCA Toronto,
the highest scoring Proponent will be selected to enter into an Agreement in accordance with
Part 4.
3.2 Stage I - Mandatory Requirements
Other than inserting the information requested on the mandatory submission forms set out in
this RFP, a Proponent may not make any changes to any of the forms. Any proposal containing
any such changes, whether on the face of the form or elsewhere in its proposal, may be
disqualified.
3.2.1 Form of Offer (Appendix A)
Each proposal must include a Form of Offer (Appendix A) completed and signed by the
Proponent.
(a) Conflict of Interest
In addition to the other information and representations made by each Proponent in the Form of
Offer, each Proponent must declare whether it has an actual or potential Conflict of Interest.
If, at the sole and absolute discretion of YWCA Toronto, the Proponent is found to be in a
Conflict of Interest, YWCA Toronto may, in addition to any other remedies available at law or in
equity, disqualify the proposal submitted by the Proponent.
The Proponent, by submitting the proposal, warrants that to its best knowledge and belief no
actual or potential Conflict of Interest exists with respect to the submission of the proposal or
performance of the contemplated contract other than those disclosed in the Form of Offer.
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Where YWCA Toronto discovers a Proponent’s failure to disclose all actual or potential Conflicts
of Interest, YWCA Toronto may disqualify the Proponent or terminate any contract awarded to
that Proponent pursuant to this procurement process.
(b) General
YWCA Toronto, in addition to any other remedies it may have in law or in equity, shall have the
right to rescind any Contract awarded to a Proponent in the event that YWCA Toronto
determines that the Proponent made a misrepresentation or submitted any inaccurate or
incomplete information in the Form of Offer.
Other than inserting the information requested and signing the Form of Offer, a Proponent may
not make any changes to or qualify the Form of Offer in its proposal. A proposal that includes
conditions, options, variations or contingent statements that are contrary to or inconsistent with
the terms set out in the RFP may be disqualified. If a proposal is not disqualified despite such
changes or qualifications, the provisions of the Form of Offer as set out in this RFP will prevail
over any such changes or qualifications in or to the Form of Offer provided in the proposal.
3.2.2 Rate Bid Form (Appendix B)
Each Proponent must include this form completed according to the instructions contained in the
form as well as those instructions set out below:
(a)
(b)
rates shall be provided in Canadian Funds, inclusive of all applicable duties and
taxes; and
rates quoted by the Proponent shall be all inclusive and shall include all labour
and materials, travel and carriage costs, insurance costs and all other overhead
including but not limited to any fees or other charges required by law.
A proposal that includes conditional, optional, contingent or variable Rates that are not
expressly requested in the Rate Bid Form may be disqualified.
By submitting a proposal, a Proponent is deemed to confirm that it has prepared its proposal
with reference items, including the insurance requirements, into its pricing assumptions and
calculations and into the proposed costs indicated on the Rate Bid Form.
3.2.3 Reference Form (Appendix C)
Each Proponent must include this form completed according to the instructions contained in the
form for the Investment Firm. All references must be for engagements within the last five (5)
years.
3.2.4 Other Mandatory Requirements
# Description
M.1 Proposal received at specified date, time and location
M.2 Form of Offer included (Appendix A)
M.3 Rate Bid Form submitted in separate sealed envelope (Appendix B)
M.4 Reference Form (Appendix C)
3.3 Stage II – Evaluation of Rated Criteria
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3.3.1 Rated Criteria
The top three (3) Proponents who achieve a minimum of 65% in this section to move onto Stage
III - Presentation. YWCA Toronto reserves the right to invite up to two (2) additional Proponents
to participate in Stage III where their total points are within 15 points of the third ranked
Proponent at the end of Stage II.
The following is an overview of the categories and weighting for the rated criteria of the RFP:
Rated Criteria Category
Weighting
Understanding of Requirements 10
Summary of Approach and Deliverables 20
Description of Investment Style 15
Experience and Qualifications 55
Total Points 100
The following scoring methodology will be used in the evaluation of the rated criteria:
5 points = An Excellent Response – fully meets the requirement as described including a
highly detailed description.
4 points = A Good Response – substantially meets the requirement as described including
a detailed description.
3 points = An Adequate Response – meets the requirement as described including a brief
description.
2 points = An Inadequate Response – does not meet the requirement as described in a
significant way.
1 point = A Highly Inadequate Response – does not meet the requirement as described
in a substantive way and/or not description provided.
0 points = No Response – no response provided or not able to meet the requirement as
described.
3.3.2 Understanding of the Requirements (10)
Provide a brief description of your understanding of the deliverables as outlined in section 2 of
the RFP.
3.3.3 Summary of Approach and Deliverables (20)
Provide a summary of your proposed approach to achieve the deliverables described by YWCA
Toronto including but not limited to the ability to achieve the desired return on investment. The
approach should include a high level work plan.
3.3.4 Description of Investment Style (15)
Provide a description of both the Investment Management Firm and proposed Investment
Manager’s investment style.
3.3.5 Experience and Qualifications (55)
Each Proponent should provide in its proposal:
Investment Management Firm (25)
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
a brief description of the Proponent;
a description of investment management services the Proponent has previously and/or
is currently delivering to other charity organizations of a similar size, with an emphasis
on experience relevant to the Deliverables;
a description of their experience working with charity organizations in Canada and
specifically in Ontario;
a resource management plan including the provision of a back-up resource in addition to
the process used to identify a key resource, escalation of issues, replacement of
resource (if and when required), and internal management structure;
It is important to YWCA Toronto that the organizations they engage with align with their
corporate values in relation to the promotion of women and provide an environment of
inclusion. Provide a description of how your organization actively promotes the
advancement of women to management level positions and diversity within your
organization.
a description of how the Proponent will provide the Deliverables, which should include a
work plan and incorporate an organizational chart indicating how the Proponent intends
to structure its working relationship with YWCA Toronto;
Minimum of five (5) years’ investment results, annualized and by compound annual
growth rate; and
its knowledge, skills and expertise in the following areas:
Working with charity organizations;
Investment of funds in socially responsible funds;
a Reference Form in accordance with the instructions set out on the Form attached as
Appendix C to this RFP.
Investment Manager (30)
(a)
(b)
(c)
(d)
Minimum of five (5) years of experience as an investment manager;
A brief description of the proposed investment manager (resume to be included for the
proposed individual in addition to this description);
the roles and responsibilities of the proposed investment manager who will be involved
in providing the Deliverables, and their relevant respective expertise;
a description of how the investment manager will achieve the following:
Provide investment management services that will ensure the preservation of
existing funds in addition to an annual return on existing investments;
Provide advice and guidance to YWCA Toronto relating to existing investment
portfolio as well as future investments;
Provide information at the beginning of the engagement and as required if
changes occur relating to details of the custodial process;
Attend meetings as required throughout the year (minimum of two (2) meetings
per annum);
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Work with YWCA Toronto to develop an investment policy that takes into account
the needs and risks inherent to a charity organization of similar size.
Provide telephone advice and be available for consultation on a regular basis;
and
Act as a resource to YWCA Toronto relating to their investment needs.
3.4 Stage III – Presentation
The purpose of the presentation is to allow the Proponent an opportunity to introduce the
Investment Management Firm and the proposed Investment Manager to YWCA Toronto. More
details will be provided regarding the presentation requirements and evaluation criteria upon
notification.
At a high level the presentation will incorporate the following areas:
Overview of the Investment Management Firm
Understanding of the deliverables
Introduction of the Investment Manager
Overview of the Approach to Managing funds on behalf of YWCA Toronto
3.5 Stage IV – Evaluation of Pricing
3.5.1 Pricing
Total Points [25 points]
Pricing will be scored based on a relative pricing formula using the Rates set out in the Rate Bid
Form.
Each Proponent is asked to submit their rate charged to manage YWCA Toronto funds based
on three (3) investment amounts. The proposed rate should include all Proponent costs related
to managing funds on behalf of YWCA Toronto, any applicable discounts, reporting costs and
should provide details of the base rate and any incremental increases, where applicable, based
on the investment amount. Note, YWCA Toronto as a registered charitable organization is
exempt from specific federal and provincial charges and taxes, these should be noted as
exceptions in your pricing response.
Total Evaluated Cost (TEC)
The total evaluated cost (TEC) will be calculated as follows:
1. The sum of the total cost for investment amount and additional charges cost for each
investment amount.
Each Proponent will receive a percentage of the total possible points allocated to price for the
TEC it has bid on by dividing that Proponent’s TEC for each investment amount into the lowest
TEC for each investment amount. For example, if the lowest TEC for a particular investment
amount is $120.00, that Proponent receives 100% of the possible points for that investment
amount (120/120 = 100%), a Proponent who bids $150.00 receives 80% of the possible points
for that investment amount (120/150 = 80%) and a Proponent who bids $240.00 receives 50%
of the possible points for that investment amount (120/240 = 50%).
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Lowest TEC
------------------- x Total available points = Score for proposal with 2 nd lowest TEC
2 nd lowest TEC
Lowest TEC
------------------- x Total available points = Score for proposal with 3 rd lowest TEC
3 rd lowest TEC
etc…
Using the formula above points will be allocated to each investment amount and the sum of
those points will cumulatively be used to calculate the final score. For example where a
Proponent scores the following:
Investment Amount 1
Investment Amount 2
Investment Amount 3
Total
30 out of 34 points
28 out of 33 points
31 out of 33 points
89 out of 100 points
The weighted score will be calculated by dividing the Proponent’s score by the total available
points times the weighted score. For example, weighted score = 89/100*25 = 22.25.
The weighted score will be rounded to two (2) decimal places.
3.6 Cumulative Score and Selection of Highest Scoring Proponent
At the conclusion of Stage IV, all scores from Stage II, Stage III and Stage IV will be added and,
subject to satisfactory reference checks and the express and implied rights of YWCA Toronto,
the highest scoring Proponent will be selected to enter into an Agreement in accordance with
Part 4.
[End of Part 3]
4 PART 4 - TERMS AND CONDITIONS OF THE RFP PROCESS
4.1 General Information and Instructions
4.1.1 Timetable
The following is the schedule for this RFP:
Issue Date of RFP February 4 th , 2013
Proponent's Deadline for Questions February 25 th , 2013 at 5:00:00 pm EST
Deadline for Issuing Addenda February 28 th , 2013 at 5:00:00 pm EST
Proposal Submission Deadline March 12 th , 2013 at 1:00:00 pm EST
Period for Which Proposals are Irrevocable
after Proposal Submission Deadline
120 days
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The RFP timetable is tentative only and may be changed by YWCA Toronto in its sole discretion
at any time prior to the Proposal Submission Deadline.
4.1.2 Proponents to Follow Instructions
Proponents should structure their proposals in accordance with the instructions in this RFP.
Where information is requested in this RFP, any response made in a proposal should reference
the applicable section numbers of this RFP where that request was made.
4.1.3 Proposals in English
All proposals are to be in English only. Any proposals received by YWCA Toronto that are not
entirely in the English language may be disqualified.
4.1.4 YWCA Toronto’s Information in RFP Only an Estimate
YWCA Toronto and its advisors make no representation, warranty or guarantee as to the
accuracy of the information contained in this RFP or issued by way of addenda. Any quantities
shown or data contained in this RFP or provided by way of addenda are estimates only and are
for the sole purpose of indicating to Proponents the general size of the work.
It is the Proponent's responsibility to avail itself of all the necessary information to prepare a
proposal in response to this RFP.
4.1.5 Proponents Shall Bear Their Own Costs
The Proponent shall bear all costs associated with or incurred in the preparation and
presentation of its proposal including, if applicable, costs incurred for interviews or
demonstrations.
4.2 Communication After Issuance of RFP
4.2.1 Proponents to Review RFP
Proponents shall promptly examine all of the documents comprising this RFP and:
(a)
(b)
shall report any errors, omissions or ambiguities; and
may direct questions or seek additional information
in writing by e-mail on or before the Proponent’s Deadline for Questions to the YWCA Toronto
Contact set out at Section 1.5 of this RFP. All questions submitted by Proponents by e-mail to
the YWCA Toronto Contact shall be deemed to be received once the e-mail has entered into the
YWCA Toronto Contact’s e-mail inbox. No such communications are to be directed to anyone
other than the YWCA Toronto Contact. YWCA Toronto is under no obligation to provide
additional information but may do so at its sole discretion.
It is the responsibility of the Proponent to seek clarification from the YWCA Toronto Contact on
any matter it considers to be unclear. YWCA Toronto shall not be responsible for any
misunderstanding on the part of the Proponent concerning this RFP or its process.
4.2.2 All New Information to Proponents by way of Addenda
This RFP may only be amended by an addendum in accordance with this section. If YWCA
Toronto, for any reason, determines that it is necessary to provide additional information relating
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to this RFP, such information will be communicated to all Proponents by addenda by way of
email. Each addendum shall form an integral part of this RFP.
Such addenda may contain important information including significant changes to this RFP.
Proponents are responsible for obtaining all addenda issued by YWCA Toronto. In the space
provided in the Form of Offer, Proponents shall confirm their receipt of all addenda by setting
out the number of each addendum in the space provided in the Form of Offer.
4.2.3 Post-Deadline Addenda and Extension of Proposal Submission Deadline
If any addendum is issued after the Deadline for Issuing Addenda, YWCA Toronto may at its
discretion extend the Proposal Submission Deadline for a reasonable amount of time.
4.3 Submission of Proposals
4.3.1 Proposals Submitted Only in Prescribed Manner
Proposals must be submitted by the following method:
(a)
(b)
(c)
a Proponent must submit one (1) original signed by an authorized representative
(prominently marked “Original”) and two (2) electronic copies on USB or CD/DVD of its
proposal in a sealed package with the Proposal Return Label affixed to the outside of the
sealed package. Proposals are to be prominently marked with the RFP title and number
(see RFP cover), with the full legal name and return address of the Proponent, and with
the Proposal Submission Deadline date and time;
The Rate Bid Form is to be submitted in a separate sealed envelope apart from the rest
of the proposal. The sealed envelope containing the Rate Bid Form should be placed
with the rest of the proposal into a sealed package with the Proposal Return Label
attached. One (1) original signed copy and one (1) electronic copy on USB or CD/DVD
of the Rate Bid Form should be included in the sealed envelope.
Proposals must be submitted to the following address:
Anna Bychkova
Administrative Assistant, Finance and Information Technology
YWCA Toronto
87 Elm Street
Toronto, ON M5G 0A8
abychkova@ywcatoronto.org
Proposals submitted in any other manner will be disqualified.
In the event of a conflict or inconsistency between the hard copy and the electronic copy of the
proposal, the hard copy of the proposal shall prevail.
4.3.2 Proposals Must Be Submitted On Time at Prescribed Location
Proposals must be submitted at the location set out above on or before the Proposal
Submission Deadline. Proposals submitted after this point in time will be deemed late,
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disqualified and returned to the Proponent. For the purpose of calculating time, Eastern
Standard Time (EST) shall govern.
4.3.3 Amending or Withdrawing Proposals Prior to Proposal Submission Deadline
At any time prior to the Proposal Submission Deadline, a Proponent may amend or withdraw a
submitted proposal. The right of Proponents to amend or withdraw includes amendments or
withdrawals wholly initiated by Proponents and amendments or withdrawals in response to
subsequent information provided by addenda.
Any amendment should clearly indicate what part of the proposal the amendment is intending to
replace.
A notice of amendment or withdrawal must be sent to the address set out on the Proposal
Return Label prior to the Proposal Submission Deadline and must be signed by an authorized
representative. YWCA Toronto is under no obligation to return amended or withdrawn
proposals.
4.3.4 Proposal Irrevocable after Proposal Submission Deadline
Proposals shall remain irrevocable in the form submitted by the Proponent for a period of one
hundred and twenty (120) days running from the moment that the Proposal Submission
Deadline has lapsed.
4.3.5 YWCA Toronto May Seek Clarification and Incorporate Response into Proposal
YWCA Toronto reserves the right to seek clarification and supplementary information relating to
the clarification from Proponents after the Proposal Submission Deadline. The response
received by YWCA Toronto from a Proponent shall, if accepted by YWCA Toronto, form an
integral part of that Proponent's proposal. YWCA Toronto reserves the right to interview any or
all Proponents to obtain information about or clarification of their proposals. In the event that
YWCA Toronto receives information at any stage of the evaluation process which results in
earlier information provided by the Proponent being deemed by YWCA Toronto to be
inaccurate, incomplete or misleading, YWCA Toronto reserves the right to revisit the
Proponent’s compliance with the mandatory requirements and/or adjust the scoring of rated
criteria.
4.3.6 RFP Incorporated into Proposal
All of the provisions of this RFP are deemed to be accepted by each Proponent and
incorporated into each Proponent's proposal.
4.3.7 No Incorporation by Reference by Proponent
The entire content of the Proponent’s proposal should be submitted in a fixed form and the
content of web sites or other external documents referred to in the Proponent’s proposal will not
be considered to form part of its proposal.
4.3.8 Proposal to be Retained by YWCA Toronto
Subject to Section 4.3.1, YWCA Toronto will not return the proposal or any accompanying
documentation submitted by a Proponent.
4.4 Execution of Agreement, Notification and Debriefing
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4.4.1 Selection of Proponent
YWCA Toronto anticipates that YWCA Toronto will select a Proponent within sixty (60) days of
the Proposal Submission Deadline. Notice of selection by YWCA Toronto to the selected
Proponent will be in writing. The selected Proponent shall execute an Agreement and satisfy
any other applicable conditions of this RFP within fifteen (15) days of notice of selection. This
provision is solely to the benefit of YWCA Toronto and may be waived by YWCA Toronto at its
sole discretion.
4.4.2 Failure to Enter Into Agreement
In addition to all of YWCA Toronto’s other remedies, if a selected Proponent fails to execute an
Agreement or satisfy any other applicable conditions within fifteen (15) days of notice of
selection, YWCA Toronto may, in its sole and absolute discretion and without incurring any
liability, rescind the selection of that Proponent and proceed with the selection of another
Proponent.
4.4.3 Notification to Other Proponents of Outcome of Procurement Process
Once the successful Proponent and YWCA Toronto execute the Agreement, the other
Proponents will be notified by YWCA Toronto in writing of the outcome of the procurement
process, including the name of the successful Proponent, and the award of the contract to the
successful Proponent.
4.4.4 Debriefing
Proponents may request a debriefing after receipt of a notification of award. All requests must
be in writing to YWCA Toronto Contact and must be made within sixty (60) days of notification
of award. The intent of the debriefing information session is to aid the Proponent in presenting a
better proposal in subsequent procurement opportunities. Any debriefing provided is not for the
purpose of providing an opportunity to challenge the procurement process.
4.4.5 Bid Dispute
Proponents are advised that a formal bid dispute process is available, the details for which are
available from the YWCA Toronto Contact.
4.5 Prohibited Communications, Confidential Information and FIPPA
4.5.1 Prohibited Proponent Communications
The Proponent shall not engage in any Conflict of Interest communications and should take
note of the Conflict of Interest declaration set out in the Form of Offer.
4.5.2 Proponent Not to Communicate With Media
A Proponent may not at any time directly or indirectly communicate with the media in relation to
this RFP or any contract awarded pursuant to this RFP without first obtaining the written
permission of the YWCA Toronto Contact.
4.5.3 Confidential Information of YWCA Toronto
All information provided by or obtained from YWCA Toronto in any form in connection with this
RFP either before or after the issuance of this RFP:
(a)
is the sole property of YWCA Toronto and must be treated as confidential;
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(b)
(c)
(d)
is not to be used for any purpose other than replying to this RFP and the performance of
any subsequent Contract;
must not be disclosed without prior written authorization from YWCA Toronto; and
shall be returned by the Proponents to YWCA Toronto immediately upon the request of
YWCA Toronto.
4.6 Reserved Rights and Governing Law
4.6.1 Reserved Rights of YWCA Toronto
YWCA Toronto reserves the right to:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
make public the names of any or all Proponents;
request written clarification or the submission of supplementary written information in
relation to the clarification request from any Proponent and incorporate a Proponent’s
response to that request for clarification into the Proponent’s proposal;
assess a Proponent’s proposal on the basis of:
i. a financial analysis determining the actual cost of the proposal when considering
factors including transition costs arising from the replacement of existing goods,
services, practices, methodologies and infrastructure (howsoever originally
established);
ii.
iii.
iv.
information provided by references;
the Proponent’s past performance on previous contracts awarded by YWCA
Toronto;
the information provided by a Proponent pursuant to YWCA Toronto exercising its
clarification rights under this RFP process; or
v. other relevant information that arises during this RFP process;
waive formalities and accept proposals which substantially comply with the requirements
of this RFP;
verify with any Proponent or with a third party any information set out in a proposal;
check references other than those provided by any Proponent;
disqualify any Proponent whose proposal contains misrepresentations or any other
inaccurate or misleading information;
disqualify any Proponent or the proposal of any Proponent who has engaged in conduct
prohibited by this RFP;
make changes, including substantial changes, to this RFP provided that those changes
are issued by way of addenda in the manner set out in this RFP;
select any Proponent other than the Proponent whose proposal reflects the lowest cost
to YWCA Toronto or the highest score;
cancel this RFP process at any stage;
cancel this RFP process at any stage and issue a new RFP for the same or similar
deliverables;
accept any proposal in whole or in part; or
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(n)
reject any or all proposals;
and these reserved rights are in addition to any other express rights or any other rights which
may be implied in the circumstances and YWCA Toronto shall not be liable for any expenses,
costs, losses or any direct or indirect damages incurred or suffered by any Proponent or any
third party resulting from YWCA Toronto exercising any of its express or implied rights under
this RFP.
By submitting its proposal, the Proponent authorizes the collection by YWCA Toronto of the
information set out under (e) and (f) in the manner contemplated in those subparagraphs.
4.6.2 Governing Law of RFP Process
This RFP process shall be governed by and construed in accordance with the laws of the
Province of Ontario and the federal laws of Canada applicable therein.
[End of Part 4]
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APPENDIX A – FORM OF OFFER
To YWCA Toronto:
1. Proponent Information
(a) The full legal name of the Proponent is:
(b) Any other relevant name under which the Proponent carries on business is:
(c) The jurisdiction under which the Proponent is governed is:
(d) The name, address, telephone, facsimile number and e-mail address of the contact
person for the Proponent is:
(e) Whether the Proponent is an individual, a sole proprietorship, a corporation, a
partnership, a joint venture, an incorporated consortium or a consortium that is a
partnership or other legally recognized entity:
2. Offer
The Proponent has carefully examined the RFP documents and has a clear and comprehensive
knowledge of the Deliverables required under the RFP. By submitting the proposal, the
Proponent agrees and consents to the terms, conditions and provisions of the RFP, and offers
to provide the Deliverables in accordance therewith at the Rates set out in the Rate Bid Form.
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3. Mandatory Forms
(a) The Proponent encloses herewith as part of the proposal, the mandatory forms set out
below:
MANDATORY FORMS: Yes Page
Form of Offer (Appendix A)
Rate Bid Form in a separate sealed envelope (Appendix B)
Reference Form (Appendix C)
4. Rates
The Proponent has submitted its Rates in accordance with the instructions in the RFP and in the
form set out at Appendix B.
5. Addenda
The Proponent is deemed to have read and accepted all addenda issued by YWCA Toronto
prior to the Deadline for Issuing Addenda. The onus remains on Proponents to make any
necessary amendments to their proposal based on the addenda. The Proponent is requested to
confirm that it has received all addenda by listing the addenda numbers or, if no addenda were
issued, “None”: ____________________.
6. Bid Irrevocable
The Proponent agrees that its proposal shall be irrevocable for 120 days following the Proposal
Submission Deadline.
7. Conflict of Interest
Prior to completing this portion of the Form of Offer, Proponents should refer to the definition of
Conflict of Interest set out in section 1.5 of the RFP.
If the box below is left blank, the Proponent will be deemed to declare that: (1) there was no
Conflict of Interest in preparing its proposal; and (2) there is no foreseeable Conflict of Interest
in performing the contractual obligations contemplated in the RFP.
Otherwise, if the statement below applies, check the box.
The Proponent declares that there is an actual or potential Conflict of Interest relating to
the preparation of its proposal, and/or the Proponent foresees an actual or potential
Conflict of Interest in performing the contractual obligations contemplated in the RFP.
If the Proponent declares an actual or potential Conflict of Interest by marking the box above,
the Proponent must set out below details of the actual or potential Conflict of Interest:
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The following individuals, as employees, advisors, or in any other capacity (a) participated in the
preparation of our proposal; AND (b) were employees of YWCA Toronto and have ceased that
employment prior to the Proposal Submission Deadline:
Name of Individual:
Job Title:
Department:
Last Date of Employment with YWCA Toronto:
Name of Last Supervisor with YWCA Toronto:
Brief Description of Individual’s Job Functions:
Brief Description of Nature of Individual’s Participation in Preparation of Proposal:
(Repeat above for each identified individual)
The Proponent agrees that, upon request, the Proponent shall provide YWCA Toronto with
additional information from each individual identified above in the form prescribed by YWCA
Toronto.
8. Disclosure of Information
The Proponent hereby agrees that any information provided in this proposal, even if it is
identified as being supplied in confidence, may be disclosed where required by law or if required
by order of a court or tribunal. The Proponent hereby consents to the disclosure, on a
confidential basis, of this proposal by YWCA Toronto to YWCA Toronto’s advisers retained for
the purpose of evaluating or participating in the evaluation of this proposal.
9. Proof of Insurance
By signing the Form of Offer, the Proponent agrees, if selected, to provide proof of insurance
coverage as required. If selected, the Proponent must provide proof of insurance coverage in
the form of a valid certificate of insurance prior to the execution of the Agreement by YWCA
Toronto.
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10. Execution of Agreement
The Proponent understands that in the event its proposal is selected by YWCA Toronto, in
whole or in part, the Proponent agrees to finalize and execute an agreement in accordance with
the terms of the RFP.
Signature of Witness
Signature of Proponent representative
Name of Witness
Name and Title
Date:
I have authority to bind the Proponent
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Attached as Appendix B – Rate Bid Form
APPENDIX B - RATE BID FORM
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APPENDIX C – Reference Form
Each Proponent is requested to provide three references for the Investment Services Firm
from clients who have obtained similar goods or services from the Proponent in the last five (5)
years as those requested in this RFP.
Company Name:
Company Address:
Contact Name:
Contact Telephone Number:
Date Work Undertaken:
Nature of Assignment:
Reference #1
Company Name:
Company Address:
Contact Name:
Contact Telephone Number:
Date Work Undertaken:
Nature of Assignment:
Reference #2
Company Name:
Company Address:
Contact Name:
Contact Telephone Number:
Date Work Undertaken:
Nature of Assignment:
Reference #3
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