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Request for Proposals

Guidance for Characterizing Contamination at


Upstream Oil and Gas Sites
Ministry of Environment Request for Proposals Number: RFPEMB11-080
Issue date: August 30, 2010
Closing Time: Proposal must be received before 2:00 PM Pacific Time on: September 30, 2010
GOVERNMENT CONTACT PERSON: All enquiries related to this Request for Proposals (RFP), including any requests for information and
clarification, are to be directed, in writing, to the following person who will respond if time permits. Information obtained from any other source is not official and
should not be relied upon. Enquiries and any responses will be recorded and may be distributed to all Proponents at the Province’s option.
Raymond Ho, Contract Advisor
Phone: (250) 356-9821
Fax: (250) 356-9239
E-Mail: Raymond.Ho@gov.bc.ca
DELIVERY OF PROPOSALS:
Proposals must not be sent by mail, facsimile or e-mail. Proposals are to be submitted to the closing location as follows:
A. Three complete hard-copies and one copy on diskette or CD must be delivered by hand or courier to:
Ministry of Environment, Corporate Services Division
Attn: Raymond Ho
2975 Jutland Rd, Victoria BC V8T 5J9
Proposal envelopes should be clearly marked with the name and address of the Proponent, the Request for Proposals number, and the project or program title.
OR
B. One complete electronic proposal must be received in accordance with BC Bid instructions for e-bidding. Only pre-authorized e-bidders registered on the BC
Bid system can submit electronic bids.
PROPONENTS’ MEETING:
 A Proponents’ meeting will be held by teleconference at:
Thursday, September 9th, 2010 at 10 am to 12 pm PT Note: Meeting attendance is optional. A transcript or minutes of the meeting will be
Toll-free dial-in: 1-877-353-9184 posted on BC Bid. Oral questions will be allowed at the Proponents’ meeting. However,
questions of a complex nature, or questions where the Proponent requires anonymity,
Vancouver dial-in: 604-681-0260
should be forwarded in writing, prior to the meeting, to Raymond Ho.
Conference ID: 9029220 #
PROPONENT SECTION:
For hard-copy proposals, a person authorized to sign on behalf of the Proponent must complete and sign the Proponent Section (below), leaving the rest of this
page otherwise unaltered, and include the originally-signed and completed page with the first copy of the proposal. For electronic proposals, all parts of the
Proponent Section (below) must be completed except the signature field, as the BC Bid e-bidding key is deemed to be an original signature. The rest of this page
must be otherwise unaltered and submitted as part of your proposal.
The enclosed proposal is submitted in response to the above-referenced Request for Proposals, including any addenda.
Through submission of this proposal we agree to all of the terms and conditions of the Request for Proposals and agree
that any inconsistent provisions in our proposal will be as if not written and do not exist. We have carefully read and
examined the Request for Proposals, including the Administrative Section, and have conducted such other investigations
as were prudent and reasonable in preparing the proposal. We agree to be bound by statements and representations made
in our proposal.
Signature of Authorized Representative: Legal Name of Proponent (and Doing Business As Name, if
applicable):
Printed Name of Authorized Representative: Address of Proponent:

Title:

Date: Authorized Representative phone, fax or email address (if


available):

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Table of Contents

A. DEFINITIONS AND ADMINISTRATIVE REQUIREMENTS .........3


B. REQUIREMENTS AND RESPONSE ...........................................5
1. SUMMARY OF THE REQUIREMENT ........................................5
2. ADDITIONAL DEFINITIONS ....................................................5
3. MINISTRY SITUATION/OVERVIEW ........................................5
4. REQUIREMENTS .....................................................................8
5. EVALUATION .........................................................................8
6. PROPOSAL FORMAT ..............................................................9
7. PROPONENT RESPONSE .........................................................9
APPENDIX A CONTRACT FORM ..................................................................11

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A. Definitions and Administrative Requirements

1. Definitions b) Proposals from not-for-profit agencies will be evaluated against the


Throughout this Request for Proposals, the following definitions apply: same criteria as those received from any other Proponents.

a) “SSBC” means Shared Services BC of the Ministry of 6. Evaluation


Citizens’ Services; Evaluation of proposals will be by a committee formed by the Province and
may include employees and contractors of the Province. All personnel will be
b) “Contract” means the written agreement resulting from this bound by the same standards of confidentiality. The Province’s intent is to
Request for Proposals executed by the Province and the enter into a Contract with the Proponent who has the highest overall ranking.
Contractor;
c) “Contractor” means the successful Proponent to this Request 7. Negotiation Delay
for Proposals who enters into a written Contract with the If a written Contract cannot be negotiated within thirty days of notification of
Province; the successful Proponent, the Province may, at its sole discretion at any time
thereafter, terminate negotiations with that Proponent and either negotiate a
d) “Ministry” means Ministry of Environment; Contract with the next qualified Proponent or choose to terminate the Request
e) “must”, or “mandatory” means a requirement that must be for Proposals process and not enter into a Contract with any of the Proponents.
met in order for a proposal to receive consideration;
8. Debriefing
f) “Proponent” means an individual or a company that submits, At the conclusion of the Request for Proposals process, all Proponents will be
or intends to submit, a proposal in response to this Request notified. Unsuccessful Proponents may request a debriefing meeting with the
for Proposals; Province.
g) “Province” means Her Majesty the Queen in Right of the
Province of British Columbia and includes SSBC and the 9. Alternative Solutions
Ministry; If alternative solutions are offered, please submit the information in the same
format, as a separate proposal.
h) “Request for Proposals” or “RFP” means the process
described in this document; and 10. Changes to Proposals
i) “should” or “desirable” means a requirement having a By submission of a clear and detailed written notice, the Proponent may
significant degree of importance to the objectives of the amend or withdraw its proposal prior to the closing date and time. Upon
Request for Proposals. closing time, all proposals become irrevocable. The Proponent will not
change the wording of its proposal after closing and no words or comments
will be added to the proposal unless requested by the Province for purposes of
2. Terms and Conditions clarification.
The following terms and conditions will apply to this Request for
Proposals. Submission of a proposal in response to this Request for 11. Proponents’ Expenses
Proposals indicates acceptance of all the terms that follow and that are Proponents are solely responsible for their own expenses in preparing a
included in any addenda issued by the Province. Provisions in proposals proposal and for subsequent negotiations with the Province, if any. If the
that contradict any of the terms of this Request for Proposals will be as if Province elects to reject all proposals, the Province will not be liable to any
not written and do not exist. Proponent for any claims, whether for costs or damages incurred by the
Proponent in preparing the proposal, loss of anticipated profit in connection
3. Additional Information Regarding the with any final Contract, or any other matter whatsoever.
Request for Proposals
All subsequent information regarding this Request for Proposals, 12. Limitation of Damages
including changes made to this document will be posted on the BC Bid Further to the preceding paragraph, the Proponent, by submitting a proposal,
website at www.bcbid.ca. It is the sole responsibility of the Proponent agrees that it will not claim damages, for whatever reason, relating to the
to check for amendments on the BC Bid website. Contract or in respect of the competitive process, in excess of an amount
equivalent to the reasonable costs incurred by the Proponent in preparing its
4. Late Proposals proposal and the Proponent, by submitting a proposal, waives any claim for
Proposals will be marked with their receipt time at the closing location. loss of profits if no Contract is made with the Proponent.
Only complete proposals received and marked before closing time will
be considered to have been received on time. 13. Proposal Validity
Hard-copies of late proposals will not be accepted and will be returned Proposals will be open for acceptance for at least 90 days after the closing
to the Proponent. Electronic proposals that are received late will be date.
marked late and will not be considered or evaluated.
In the event of a dispute, the proposal receipt time as recorded at the 14. Firm Pricing
closing location shall prevail whether accurate or not. Prices will be firm for the entire Contract period unless this Request for
Proposals specifically states otherwise.
5. Eligibility
a) Proposals will not be evaluated if the Proponent’s current or 15. Currency and Taxes
past corporate or other interests may, in the Province’s
opinion, give rise to a conflict of interest in connection with Prices quoted are to be:
the project described in this Request for Proposals. This
includes, but is not limited to, involvement by a Proponent in a) in Canadian dollars;
the preparation of this Request for Proposals. If a Proponent b) inclusive of duty, where applicable; FOB destination, delivery
is in doubt as to whether there might be a conflict of interest, charges included where applicable; and
the Proponent should consult with the Government Contact
Person listed on page 1 prior to submitting a proposal. c) exclusive of applicable taxes.

16. Completeness of Proposal


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By submission of a proposal the Proponent warrants that, if this Request 21. Liability for Errors
for Proposals is to design, create or provide a system or manage a While the Province has used considerable efforts to ensure information in this
program, all components required to run the system or manage the Request for Proposals is accurate, the information contained in this Request
program have been identified in the proposal or will be provided by the for Proposals is supplied solely as a guideline for Proponents. The
Contractor at no charge. information is not guaranteed or warranted to be accurate by the Province, nor
is it necessarily comprehensive or exhaustive. Nothing in this Request for
17. Sub-Contracting Proposals is intended to relieve Proponents from forming their own opinions
a) Using a sub-contractor (who should be clearly identified in and conclusions with respect to the matters addressed in this Request for
the proposal) is acceptable. This includes a joint submission Proposals.
by two Proponents having no formal corporate links.
However, in this case, one of these Proponents must be 22. Modification of Terms
prepared to take overall responsibility for successful The Province reserves the right to modify the terms of this Request for
performance of the Contract and this should be clearly Proposals at any time in its sole discretion. This includes the right to cancel
defined in the proposal. this Request for Proposals at any time prior to entering into a Contract with
b) Sub-contracting to any firm or individual whose current or the successful Proponent.
past corporate or other interests may, in the Province’s
opinion, give rise to a conflict of interest in connection with 23. Ownership of Proposals
the project or program described in this Request for All proposals submitted to the Province become the property of the Province.
Proposals will not be permitted. This includes, but is not They will be received and held in confidence by the Province, subject to the
limited to, any firm or individual involved in the preparation provisions of the Freedom of Information and Protection of Privacy Act and
of this Request for Proposals. If a Proponent is in doubt as to this Request for Proposals.
whether a proposed subcontractor gives rise to a conflict of
interest, the Proponent should consult with the Government 24. Use of Request for Proposals
Contact Person listed on page 1 prior to submitting a Any portion of this document, or any information supplied by the Province in
proposal. relation to this Request for Proposals may not be used or disclosed, for any
purpose other than for the submission of proposals. Without limiting the
c) Where applicable, the names of approved sub-contractors
generality of the foregoing, by submission of a proposal, the Proponent agrees
listed in the proposal will be included in the Contract. No
to hold in confidence all information supplied by the Province in relation to
additional subcontractors will be added, nor other changes
this Request for Proposals.
made, to this list in the Contract without the written consent
of the Province.
25. Reciprocity
18. Acceptance of Proposals The Province may consider and evaluate any proposals from other
a) This Request for Proposals should not be construed as an jurisdictions on the same basis that the government purchasing authorities in
agreement to purchase goods or services. The Province is not those jurisdictions would treat a similar proposal from a British Columbia
bound to enter into a Contract with the Proponent who supplier.
submits the lowest priced proposal or with any Proponent.
Proposals will be assessed in light of the evaluation criteria. 26. No Lobbying
The Province will be under no obligation to receive further Proponents must not attempt to communicate directly or indirectly with any
information, whether written or oral, from any Proponent. employee, contractor or representative of the Province, including the
evaluation committee and any elected officials of the Province, or with
members of the public or the media, about the project described in this
b) Neither acceptance of a proposal nor execution of a Contract Request for Proposals or otherwise in respect of the Request for Proposals,
will constitute approval of any activity or development other than as expressly directed or permitted by the Province.
contemplated in any proposal that requires any approval,
permit or license pursuant to any federal, provincial, regional 27. Collection and Use of Personal Information
district or municipal statute, regulation or by-law. Proponents are solely responsible for familiarizing themselves, and ensuring
that they comply, with the laws applicable to the collection and dissemination
of information, including resumes and other personal information concerning
19. Definition of Contract employees and employees of any subcontractors. If this RFP requires
Notice in writing to a Proponent that it has been identified as the Proponents to provide the Province with personal information of employees
successful Proponent and the subsequent full execution of a written who have been included as resources in response to this RFP, Proponents will
Contract will constitute a Contract for the goods or services, and no ensure that they have obtained written consent from each of those employees
Proponent will acquire any legal or equitable rights or privileges relative before forwarding such personal information to the Province. Such written
to the goods or services until the occurrence of both such events. consents are to specify that the personal information may be forwarded to the
Province for the purposes of responding to this RFP and use by the Province
20. Contract for the purposes set out in the RFP. The Province may, at any time, request
By submission of a proposal, the Proponent agrees that should its the original consents or copies of the original consents from Proponents, and
proposal be successful the Proponent will enter into a Contract with the upon such request being made, Proponents will immediately supply such
Province on the terms set out in Appendix A. originals or copies to the Province.

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B. Requirements and Response

1. Summary of the Requirement

The Ministry of Environment is seeking a Contractor to produce, in collaboration with agency and
industry stakeholders, a guidance document for characterizing contamination at upstream oil and gas
sites in British Columbia. The completed guidance document must be submitted to the Ministry by
March 31, 2011.

The budget for this project is currently set at $60,000 (excluding applicable taxes). However, the
Ministry may, at its sole discretion, attempt to secure additional funds to further the scope of the
project. If successful the Ministry may, at its sole discretion, award the additional work to the
successful Proponent of this RFP without a competitive process, subject to satisfactory performance.
Alternatively, the Ministry may initiate a separate procurement process for this additional work if
deemed appropriate.

Additionally the Ministry may, at its sole discretion, award to the successful Proponent of this RFP,
an option to extend for up to two additional one-year terms, without a competitive procurement
process based on additional services delivered of the same or similar nature as described in this RFP
(e.g., remediation guidance for upstream oil and gas sites) subject to available funding and
satisfactory performance. Alternatively, the Ministry may initiate a separate procurement process for
this additional work if deemed appropriate.

Successful delivery of the work in this RFP will neither entitle the successful Proponent to any
subsequent work, nor preclude the successful Proponent from competing for subsequent contracts.

2. Additional Definitions

In addition to the Request for Proposals Definitions set out in paragraph 1 of Section A, throughout
this Request for Proposals, the following definitions will apply:

a) “OGC” means British Columbia Oil and Gas Commission

3. Ministry Situation/Overview

3.1 Ministry Responsibility

The Ministry is responsible for managing and delivering a wide range of programs and services that
support the Province’s environmental and economic goals. These goals include effective action on
climate change; clean and safe water, land, and air; healthy and diverse native species and
ecosystems; engaged citizens; and sustainable use of British Columbia’s environmental resources.

Ministry responsibilities related to the goal of clean and safe water, land, and air include regulating
the characterization and remediation of contaminated sites in British Columbia to ensure compliance
with the requirements of the Environmental Management Act and regulations. The Land
Remediation Section of the Ministry carries out these responsibilities by developing protocols,
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procedures, policies, and guidance for the public, by actively engaging in the remediation of
brownfields, orphan sites, and complex, high risk sites, and by facilitating the remediation of low
and medium risk sites. The Land Remediation Section also manages the Site Registry, administers
the site screening process using site profiles, and engages the public via outreach meetings and
literature. Please visit the following website for more information on the Land Remediation Section:
http://www.env.gov.bc.ca/epd/remediation/

For British Columbia’s upstream oil and gas sector, the regulation of contaminated sites is shared
between the Ministry and the OGC. Specifically, under the terms of a memorandum of
understanding between the Ministry and the OGC signed in 2008, the OGC regulates the
characterization and remediation of “low-risk” upstream oil and gas sites, while the Ministry
regulates the characterization and remediation of “high-risk” upstream oil and gas sites. Please visit
the following website for more information on the OGC: http://www.ogc.gov.bc.ca/.

3.2 Background

The northeast region of British Columbia is home to a thriving oil and gas exploration and
development industry collectively known as the “upstream oil and gas sector”. This sector currently
includes about 20,000 well sites accompanied by a vast network of oil and gas distribution,
processing, and storage infrastructure. Each year, approximately 100 to 200 of these well sites are
permanently plugged. Under the current regulatory regime for contaminated sites in British
Columbia, these plugged sites as well as other sites potentially contaminated by historic waste
disposal and operational leaks and spills require characterization in order to (a) determine the extent
of contamination, if any, (b) inform the development of appropriate remediation and risk assessment
strategies, (c) inform the completion, where required, of a site risk classification using either the
OGC or Ministry classification tools, and/or (d) satisfy regulatory requirements where seeking
remediation certification from either the OGC or the Ministry.

Responsible persons seeking to characterize their well site or other upstream oil and gas site look to
the Ministry and the OGC for technical and policy guidance, and the Ministry and OGC in turn
direct the responsible parties to a large number of guidance and policy documents available to the
general public. These documents include investigation checklists (Technical Guidance 10 and 11) as
well as guidance for the characterization of site soil (e.g., Technical Guidance 1, 2, 5, and 16;
Protocol 4), sediment (Technical Guidance 19), groundwater (Technical Guidance 6, 8, 13, and 15;
Protocol 9), and vapour (Technical Guidance 4).

Representatives from the upstream oil and gas industry have informed the Ministry that while these
guidance and policy documents contain helpful information, their usefulness is limited for the
upstream oil and gas sector because (a) there are too many documents, and (b) the documents are
designed for use at predominantly industrial/commercial sites in developed areas of British
Columbia and do not adequately consider the unique features of sites in the upstream oil and gas
sector. These unique, sector-specific features include sector-wide similarities in site configurations,
contaminant sources, and waste handling practices, remote locations with limited seasonal access,
Western Canadian Sedimentary Basin geology and ecosystems, muskeg, high background
concentrations of natural organics, predominantly wild lands or agricultural settings and lands under
Crown ownership, and First Nations traditional land use. Industry representatives indicate that
application of the current Ministry guidance to this unique sector leads to inefficient and ineffective
remediation of sites and, ultimately, ongoing human health, environmental, and liability concerns for
government and industry.
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To resolve the shortcomings of the existing body of site characterization guidance, industry
representatives recommend that the Ministry develop site characterization guidance tailored for the
unique features of the upstream oil and gas sector. Given the number of contaminated sites in the
sector, both the Ministry and OGC concur that sector-specific guidance is desirable. This RFP is a
first step in satisfying this desire.

3.3 Project Scope/Budget

Project Scope
The Ministry is seeking a Contractor to produce, in collaboration with agency and industry
stakeholders, a guidance document for characterizing contamination at upstream oil and gas sites in
British Columbia. The guidance document should provide advice that:

(a) is clear, practical, and appropriate to the physical, environmental, and land use
characteristics of northeast BC;

(b) considers a range of technologies and methodologies suitable to upstream oil and gas
contamination sources and activities; and

(c) meets data requirements necessary to ensure that the regulatory obligations of responsible
parties for protection of human health and the environment can be satisfied and that
regulatory decisions by the Ministry and the OGC are defensible.

The Ministry expects the scope of the project to evolve to some degree as the project progresses.
Nonetheless, the Ministry anticipates the project will include the following milestones:

 Completion of a stakeholder workshop to develop a document outline. The Proponent will


lead all aspects of the workshop including the assembly of a stakeholder team, venue
planning, document circulation, etc. The workshop should probably take place in Ft. St. John.

 Preparation and circulation of a document outline for stakeholder review and comment

 Preparation and circulation of a draft document for stakeholder review and comment

 Completion of a stakeholder workshop to review the draft document

 Submission of final document to the Ministry.

Project Budget
The budget for this project is currently set at $60,000 (excluding applicable taxes). However, the
Ministry may, at its sole discretion, attempt to secure additional funds to further the scope of the
project. If successful the Ministry may, at its sole discretion, award the additional work to the
successful Proponent of this RFP without a competitive process, subject to satisfactory performance.
Alternatively, the Ministry may initiate a separate procurement process for this additional work if
deemed appropriate.

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Additionally the Ministry may, at its sole discretion, award to the successful Proponent of this RFP,
an option to extend for up to two additional one-year terms, without a competitive procurement
process based on additional services delivered of the same or similar nature as described in this RFP
(e.g., remediation guidance for upstream oil and gas sites) subject to available funding and
satisfactory performance. Alternatively, the Ministry may initiate a separate procurement process for
this additional work if deemed appropriate.

Successful delivery of the work in this RFP will neither entitle the successful Proponent to any
subsequent work, nor preclude the successful Proponent from competing for subsequent contracts.

For the purposes of this RFP, the scope of the project for the term through to March 31, 2011 will be
determined based on what deliverables the successful Proponent can deliver in that period not
exceeding the current $60,000.00 (excluding applicable taxes) budget.

4. Requirements

All work must be completed by March 31, 2011.

5. Evaluation

This section details all of the mandatory and desirable criteria against which proposals will be
evaluated. Proponents should ensure that they fully respond to all criteria in order to receive full
consideration during evaluation.

5.1 Mandatory Criteria

Proposals not clearly demonstrating that they meet the following mandatory criteria will be excluded
from further consideration during the evaluation process.

The Ministry may check Proponent references without first notifying the Proponent.

The Ministry will not enter into a contract with any Proponent whose references are
unsatisfactory in the sole opinion of the Ministry.

In the event that a proposal is rejected due to unsatisfactory references, the Ministry will consider
the next highest scoring compliant proposal.

Criteria
a) The proposal must be received at the closing location before the specified
closing time.
b) The proposal must be in English and must not be sent by mail, facsimile or
e-mail.
c) Two hard copies of the proposal and one copy on diskettes or CD must be
submitted if that delivery method is chosen, with one unaltered, completed
Request for Proposals cover page including an originally-signed Proponent
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Section with the first copy. Alternatively, one electronic copy of the
proposal must be submitted, in accordance with BC Bid instructions for e-
bidding, if that delivery method is chosen. Only pre-authorized e-bidders
registered on the BC Bid system can submit electronic bids.
d) Proponents must identify in their proposal, the names of all team members
and their roles in the project.
e) Proponents must provide a minimum of two corporate references for
previous work of a similar nature. The Ministry reserves the right to seek
references independently.
f) Proponent proposals must not exceed a total budget of $60,000 (excluding
applicable taxes).

5.2 Desirable Criteria

Proposals meeting all of the mandatory criteria will be further assessed against desirable criteria.

Criterion Weight Minimum


Score

Strength of the Proponent 45 27

Strength of the Proposal 40 24

Pricing 15 Not applicable

6. Proposal Format

The following format, sequence, and instructions should be followed in order to provide consistency
in Proponent response and ensure each proposal receives full consideration. All pages should be
consecutively numbered.

a) An unaltered and completed Request for Proposals cover page, including Proponent Section
as per instructions.
b) Table of contents including page numbers.
c) A short (one or two page) summary of the key features of the proposal.
d) The body of the proposal, including pricing — i.e. the “Proponent Response”.

7. Proponent Response

In order to receive full consideration during evaluation, proposals should include a detailed response
to the following:

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Strength of Proponent
 Available resources: Identify the physical and personnel resources available to facilitate the
completion of the project. Note that the proposal must include the name of each team
member and a description of the role of each team member on the project.
 Experience facilitating collaborative processes: Demonstrate experience building
partnerships and facilitating collaborative processes to optimize the success of a project.
 Knowledge of site characterization at upstream oil and gas sites in British Columbia:
Demonstrate knowledge and experience conducting and/or reviewing technical aspects of site
characterization at upstream oil and gas sites in British Columbia.
 Knowledge of the regulatory regime for contaminated sites in British Columbia: Demonstrate
knowledge of and experience with the contaminated sites regulatory regime in British
Columbia. Preference will be given to Proponents whose knowledge and experience
encompasses both the upstream oil and gas sector and other sectors. Preference will
also be given to members of the Contaminated Sites Approved Professional Society.
 Writing quality: The Proponent should demonstrate a clear and concise writing style (a) with
the wording of the Proposal, and (b) by submitting an additional example of the writing
quality of the individual or individuals who will be responsible for the majority of the writing
in the guidance document.

Strength of Proposal
 Project methodology and schedule: Provide details of the proposed methodology and
schedule for completing the Project. Note that the Ministry reserves the right to negotiate the
final details of the methodology and schedule.

Pricing Criteria
 Provide details of all costs and expenses associated with the project including the hourly and
daily rates for each team member on the project and all travel, accommodation, and venue
expenses. Describe how costs will be monitored and controlled to ensure the project stays on
budget. Provide a proposed invoicing schedule for the project. Note that the Ministry
reserves the right to negotiate the final details of the invoicing schedule.

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Appendix A Contract Form
By submission of a proposal, the Proponent agrees that should its proposal be successful the Proponent will
enter into a Contract with the Province in accordance with the terms of the draft General Service Agreement
and attached Schedules, which is posted with this RFP as a separate document.

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