REQUEST FOR PROPOSAL - Nova Scotia€¦ · Bid Security: Each tender must be accompanied by a certified cheque payable to the Cape Breton Regional Municipality or a Bid Bond on CCDC

A Community of Communities

REQUEST FOR PROPOSAL

CBRM_P17‐2019

DISASTER RECOVERY SERVICES

Closing: THURSDAY, NOVEMBER 28, 2019 at 3:00 PM local time

Cape Breton Regional Municipality Procurement Section Suite 102, 1st Floor 320 Esplanade

Sydney, NS B1P 7B9

Cape Breton Regional MunicipalityPROCUREMENT SECTION, FINANCIAL SERVICES

320 ESPLANADE, SUITE 102 SYDNEY,NS B1P 7B9

PHONE: 902‐563‐5015 FAX: 902‐539‐9964 EMAIL: [email protected]

MANDATORY REQUIREMENT CHECK LIST

PRIOR TO SUBMISSION PLEASE CHECK THAT YOU HAVE SUBMITTED A COPY OF THE FOLLOWING DOCUMENTS

□ TRIPLICATE (3) COPIES OF SCHEDULE “A” – MUNICIPAL BY‐LAW COMPLIANCE CERTIFICATE

□ TRIPLICATE (3) COPIES OF SCHEDULE “B” – TRADE AGREEMENTS ACKNOWLEDGEMENT

□ TRIPLICATE (3) COPIES OF SUBMISSION IN A SEALED ENVELOPE PROPERLY LABELED WITH

CORRECT NUMBER CBRM_P17‐2019

□ RECEIVED ADDENDA NO. _____ TO NO._____ INCLUSIVE WERE CAREFULLY EXAMINED

DATED THIS ________ DAY OF ________________, 2019.

COMPANY NAME: ________________________________________________________________

ADDRESS: ________________________________________________________________

CITY/ PROVINCE: _________________________ POSTAL CODE: _______________________

PHONE NO.: _________________________ FAX NO.: ____________________________

EMAIL ADDRESS: _________________________________________________________________

WEBSITE: _________________________________________________________________

CONTACT NAME(please print):_________________________________________________________________

TITLE (please print): _________________________ PHONE NO.:_________________________

THE FOLLOWING INFORMATION MUST BE COMPLETED TO ENSURE ACCEPTANCE. FAILURE TO COMPLY WITH ABOVE WILL RESULT IN DISQUALIFICATION OF YOUR BID.




INSTRUCTIONS TO BIDDERS

REQUEST FOR PROPOSAL

DISASTER RECOVERY SERVICES

Closing: Submit to the undersigned up to 3:00 P.M., THURSDAY, NOVEMBER 28, 2019, the bid must be returned in a sealed envelope in DUPLICATE(2) COPIES and must clearly designate CBRM_P17‐2019 to the Procurement Section, Financial Services Suite 102, 320 Esplanade, Sydney, N. S. B1P 7B9. NOTE: FAXED / ELECTRONIC submissions are NOT acceptable and will not be considered

Questions & Clarifications: Any clarification required by a proponent must be requested in writing to the responsible Buyer indicated in the Solicitation. Such requests must be provided in due time before the closing date in order to allow proper consideration and a reply. The response to a request for clarifications submitted by any Proponent will be posted on the Nova Scotia Government Website as an Addendum. Withdrawal or Modification of Bid: Proponents may withdraw, replace or modify their bid up until the specified closing time, provided that this is done in writing. Any modification or replacement of a bid must be done in the same format as defined in the Solicitation. NOTE: FAXED / ELECTRONIC modifications are acceptable Addenda: All addenda must be acknowledged in bid submission; proponents must monitor the Nova Scotia Government Tenders Website for any addenda that may be issued. CBRM staff no longer maintains plan takers lists, and no longer have knowledge of who has downloaded opportunities. http://www.novascotia.ca/tenders/tenders/ns‐tenders.aspx Opening: Public opening will occur immediately following the time of closing in the first floor boardroom of the Civic Centre, 320 Esplanade, Sydney, N. S. The determining clock for authentication of date and time is the computer (network time), located in the Procurement Office, Suite 102. Tenders requiring bid deposit: If a tender requires a non‐refundable bid deposit only those companies who have complied with this request will be considered for acceptance.

TENDER CONTENTS: (Section Applies to: Construction Contracts, Services & Sale of Municipal Property ONLY!)

Bid Security: Each tender must be accompanied by a certified cheque payable to the Cape Breton Regional Municipality or a Bid Bond on CCDC Form 220 for ten (10) percent of the tendered sum. Any withdrawal of the successful tender shall constitute forfeiture of the bid deposit. Performance Security: A Performance Bond in the amount of fifty (50) percent contract price and Labour and Material Payment Bond in the amount of fifty (50) percent of the contract price will be required upon notification of award and before the signing date of the contract or issue of the Purchase Order. Alternate Securities Acceptable: As an alternate to the Security Deposit and the Consent of Surety requirements stated herein, Contractors may submit a ten (10) percent bid security certified cheque, and subsequently upon notification of award, an additional ten (10) percent contract security certified cheque, in lieu of contract stated bonding.




Accompanying Documents: All bids must include the following documents:

‐ “Check List” Completed in full /Signed /Dated(Including acknowledgement of addenda) ‐ The signed Schedule “A” Municipal By‐Law Compliance form attached to the tender documents. ‐ A letter of Good Standing/Clearance from the Workers’ Compensation Board of Nova Scotia ‐ Proof of current and valid Workplace Safety Certificate of Recognition(COR) from an authorized

institution(East Coast Mobile Medical, HSE Integrated Limited, Nova Scotia Construction Safety Association (NSCSA), Nova Scotia Trucking Safety Association, Occupational Health and Educational; Services 2002 Inc, Safety Services Nova Scotia or equivalent)

‐ Completed/signed Appendix “A” Consultant, Contractor, Supplier Health & Safety Questionnaire. ‐ General liability insurance.

Prior to Contract Award – In accordance with section nine (9) of the CBRM Procurement Policy, the successful tenderer may be required to provide an approved Commercial Property Zoning Confirmation, issued by CBRM’s Development Officer, prior to award of contract. Following completion of the tendered work, letters of clearance from both organizations, dated no earlier than the final day worked on the project, must be submitted with the final invoice for the project. This will form a condition of the tender in addition to any other conditions within the contract documents and specifications. POLICY:

Canadian Free Trade Agreement (CFTA), Atlantic Procurement Agreement (APA) and The Cape Breton Regional Municipality Procurement Policy are the governing documents used for all tenders. Copies of these documents are available from the Financial Services Department, Procurement Section, Suite 102, 320 Esplanade Sydney, N.S. or by phoning (902) 563‐5015.

Where identical goods and/or services are available, from a Cape Breton Regional Supplier, and a supplier from outside the regional area, the following shall apply:

o Regional suppliers qualify for the 5% price preference if they are a commercial or residential taxpayer registered with the Registry of Joint Stocks of Nova Scotia whose primary business address is within the district boundaries of the Cape Breton Regional Municipality and the assessed property is the registered business address of the bidder.

o Due to restrictions imposed by the Atlantic Procurement Agreement on the MASH sector within the Province of Nova Scotia, local Bidder Preference may only be applied on goods, services, and construction whose price does not exceed the following threshold;. $25,000 on Goods, $50,000 Services and $100,000 on Construction.

Successful bidder will be required to follow CBRM protocol as designated by Purchasing Department for delivery and invoicing.

Payment: Any supplier having an account due to the Cape Breton Regional Municipality, which is in arrears, will have such arrears deducted from payments being made to the supplier.

The Cape Breton Regional Municipality reserves the right to reject any or all tenders or to accept any tender or part thereof considered to be in its best interest.

Donna M. Murphy Donna M. Murphy, Procurement Officer ‐ Financial Services (P) 902‐563‐5015 (E‐Mail) [email protected]




SCHEDULE “A”

MUNICIPAL BY‐LAW COMPLIANCE CERTIFICATE

This document forms part of and is incorporated in to the Tender. Bidders convicted of violations of any Cape Breton Regional Municipal By‐Laws or found in contravention of the Dangerous and Unsightly Provision of the Municipal Government Act, S.N.S. 1998, c. 18 shall be precluded from bidding on the tender. Successful bidders who subsequently are found guilty of violation of any Cape Breton Regional Municipal By‐Laws or are found to have contravened the Dangerous and Unsightly Provision of the Municipal Government Act S.N.S. 1998, c. 18 shall have the tenders revoked and shall be precluded from bidding on subsequent tenders for a period of thirty‐six months. __________________ (hereinafter referred to as “The Bidder”) does hereby certify that the Bidder has not been found guilty of violation of any Cape Breton Regional Municipal By‐Laws and has not been found to have contravened the Dangerous and Unsightly Provision of the Municipal Government Act S.N.S. 1998, c. 18 and furthermore hereby agrees to comply with all Cape Breton Regional Municipal By‐Laws and the Dangerous and Unsightly provision of the Municipal Government Act, S.N.S. 1998, c. 18. The Bidder understands and agrees that any finding of guilt or contravention of any Cape Breton Regional Municipal By‐Laws and provisions will result in the Tender being revoked and the Bidder being precluded from bidding on any subsequent Tender for a period of thirty‐six months. ________________________ ________________________ Witness Bidder

CBRM INTERNAL USE ONLY

Approved by: ____________________________ Title: ____________________________ Date: ____________________________




SCHEDULE “B”

TRADE AGREEMENTS ACKNOWLEDGEMENT

All Public Sector Entities in Nova Scotia have trade agreement obligations under the Public Procurement Act. Trade agreements play a vital role in our economy. They create market access for our goods and services by reducing barriers to, among others things, labor mobility, investments, energy, agriculture, and government procurement. Agreements can be comprehensive, covering a number of different issues, or more concentrated, covering individual issues. Each agreement has unique language, exemptions, rules, and requirements. Municipalities, Academic Institutions, School Boards, Health Authorities (MASH) and Crown Corporations that have their own procurement groups and policies must ensure they are consistent with the principles of the Province of Nova Scotia Procurement Policy, and the obligations of the Public Procurement Act. Trade Agreements that impact government procurement in Nova Scotia include the Canadian Free Trade Agreement and the Atlantic Procurement Agreement (APA). The CFTA includes all provinces, Northwest Territories, Yukon, and the Federal Government as well as their respective MASH sectors and Crown Corporations. The APA is an agreement among Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador and their respective MASH sectors and Crown Corporations. The key to being compliant with multiple trade agreements is to ensure you are meeting the obligations of the one with the lowest thresholds, which in this case is the APA. Table A outlines the thresholds for these two agreements. TABLE A – Domestic Agreements

Agreement

Coverage MASH

Atlantic Procurement Agreement (APA) Signed 1992; updated 1996 & 2008

Equal access to Atlantic suppliers. Includes NS, NB, PEI, & NFLD, their respective MASH and Crowns

Goods: $25K+ Services: $50K+ Construction: $100K+

Canadian Free Trade Agreement Equal access to Canadian suppliers. Includes all CDN Provinces, NWT, YUK, their respective MASH and Crowns, and the Federal Government

Goods: $100K+ Services:$100K + Construction: $250K+

__________________ (hereinafter referred to as “The Bidder”) does hereby acknowledges the understanding that

this tender falls under the Domestic Trade Agreements, Atlantic Procurement Agreement (APA) and Agreement on

Internal Trade. As part of these agreements and under the Nova Scotia Public Procurement Act, CBRM is included

as part of the MASH Sector. This document forms part of and is incorporated in to the Tender.

________________________ ________________________ Witness Bidder

2019

Request for Proposal Instructions to Proponents

Disaster Recovery Services

1

Contents 1. BACKGROUND ................................................................................................................................................... 2

2. SITE CONDITIONS .............................................................................................................................................. 2

3. REQUEST FOR PROPOSAL .................................................................................................................................. 2

4. RFP FORM / DOCUMENTS ................................................................................................................................. 3

5. VARIATION IN RFP DOCUMENTS AND NO IMPLIED OBLIGATIONS .................................................................. 4

6. ADDENDA .......................................................................................................................................................... 4

7. SUBMISSION OF PROPOSALS ............................................................................................................................ 5

8. ACCEPTANCE OR REJECTION OF PROPOSALS ................................................................................................... 6

9. THE FREEDOM OF INFORMATON AND PROTECTION OF PRIVACY ACT ............................................................ 7

10. ACCEPTANCE PERIOD ....................................................................................................................................... 7

11. PROPOSAL EVALUATION .................................................................................................................................. 8

12. SUCCESSFUL PROPONENT ................................................................................................................................ 8

13. PROPOSAL EXCEEDING BUDGET ...................................................................................................................... 8

14. WORKERS’ COMPENSATION ............................................................................................................................ 9

15. INSURANCE ...................................................................................................................................................... 9

16. LAW AND FORUM OF RFP .............................................................................................................................. 10

SCHEDULE “A” – Scope of Work ‐ Specifications .................................................................................................... 10

SCHEDULE “B” – Proposal Form .............................................................................................................................. 12

SCHEDULE “C” – Certification / References Document .......................................................................................... 17

Certification............................................................................................................................................................. 17

Proponent Information (Please Print)..................................................................................................................... 18

Acknowledgement of Addenda .............................................................................................................................. 18

Appendix 1………………………………………………………………………………………………………………………………………………………..18

2

1. BACKGROUND The Cape Breton Regional Municipality (CBRM) is seeking proposals for qualified firms to provide

a robust, secure, high‐performance, enterprise‐grade Backup/Disaster Recovery solution to

address current and future needs. Details of the project are described in the Scope of

Work/Specifications, Schedule “A”, attached.

Note that the scope of work/specifications may change depending upon budget availability. The

proposal will be evaluated in accordance with Article 11 of this RFP. Based on the evaluation,

CBRM intends to select a proponent who best meets the criteria as laid out and is deemed to be

the most suitable and most advantageous to the interests of the Municipality.

1.1 CBRM will receive sealed proposals until 3:00:00 p.m. AST on Nov 28th, 2019 (“RFP

Closing”). The proposals will be opened, and the bid amount duly recorded at the RFP

Closing. Vendors submitting a proposal please be aware there is no public opening of

proposals. Faxed or electronically submitted proposals will NOT be accepted.

2. SITE CONDITIONS 2.1 The Proponent is responsible for inspecting the site of the work and making whatever

inquiries or arrangements necessary for it to become fully informed of the nature of the

site of the work, including the topography of the site, and of the work to be performed

and all matters which may in any way affect the work. Without limiting the foregoing, by

the submission of its RFP, the Proponent acknowledges that it has investigated and

satisfied itself as to:

i. The nature of the Work;

ii. The location and all conditions relating to the location of the work including, but

not limited to, accessibility, general character, building structure, utilities, road,

uncertainties of seasonal weather and all other physical, topographical, geological

and geographic conditions;

iii. All environmental risks, conditions, laws and restrictions applicable to the work

that might affect the work. iv. Health and Safety as it pertains to the worksite, the workers and visitors/public to the worksite location.

3. REQUEST FOR PROPOSAL 3.1 Proponents submitting proposals shall be actively engaged in the line of work required by

the RFP Documents and shall be able to refer to work of a similar nature performed by

them. They shall be fully conversant with the general technical phraseology in the English

language of the lines of work covered by the RFP Documents.

3

3.2 Each Proponent shall review the RFP Documents provided by CBRM and confirm that it is

in possession of a full set of RFP Documents when preparing its proposal.

3.3 Proposals shall be properly executed in full compliance with the following requirements:

a) The signatures of persons executing the proposal must be in their respective

handwriting.

b) If the proposal is made by a limited company, the full name of the company shall be

accurately printed immediately above the signatures of its duly authorized officers

and the corporate seal shall be affixed;

c) If the proposal is made by a partnership, the firm name or business name shall be

accurately printed above the signature of the firm and the proposal shall be signed by

a partner or partners who have authority to sign for the partnership;

d) If the proposal is made by an individual carrying on business under the name other

than its own, its business name together with its name shall be printed immediately

above its signature or;

e) If the proposal is made by a sole proprietor who carries on business in its own name,

the proprietor shall print its name immediately below its signature.

3.4 Proposals received from agents representing principals must be accompanied by a Power

of Attorney signed by the said principals showing that the agents are duly authorized to

sign and submit the proposal and have full power to execute the Contract on behalf of

their principals. The execution of the Contract will bind the principals and have the same

effect as if it were duly signed by principals.

3.5 Any inquiries respecting this RFP are to be directed to:

John MacKinnon

Director of Information Technology

Cape Breton regional Municipality

Ph: 902‐563‐0839

Email: [email protected]

4. RFP FORM / DOCUMENTS

4.1 Each Proponent shall submit a complete proposal using the RFP documents, which forms

part of the Request of Proposal Documents with the unit prices, extensions, and totals

completed. Proposals shall be written in English and must be for a sum in Canadian

dollars.

4.2 3 (three) copies of the RFP must be submitted along with three (3) copies of the Price

Bidding Sheets. The RFPs and Price Bidding Sheets must be submitted in separate

4

envelopes and “Response to Proposal” and “Price Bidding Sheet” clearly marked on each

envelope respectively.

4.3 CBRM shall not be obligated to accept proposals that are unsigned, incomplete,

conditional, illegible, unbalanced, obscure, contain irregularities of any kind, or

mathematical or calculation errors of any kind. On Unit Price proposals, if there is a

discrepancy found between the unit price and the extended amount, the unit price shall

be deemed to represent the intention of the Proponent.

4.3 In addition to the Instructions to Proponents, the documents for the RFP include:

a) Schedule “A” – Specifications / Scope of Work / Options

b) Schedule “B” – Proposal Form

c) Schedule “C” – Certification/Addendum(s)/Information/References Document

(herein after collectively referred to as the “RFP Documents”)

4.3.1 The Scope of Work and Specifications as defined in Schedule “A” constitute the

minimum requirements for the goods and services to be supplied by the Proponent.

By submitting its RFP, the Proponent acknowledges and agrees that it has received and

reviewed the RFP Documents.

5. VARIATION IN RFP DOCUMENTS AND NO IMPLIED OBLIGATIONS 5.1 The Proponent shall carefully examine the RFP Documents. Any errors, omissions,

discrepancies or clauses requiring clarification shall be reported in writing to CBRM at

least 5 calendar days prior to the RFP Closing. Where necessary, CBRM shall respond to

reported errors, omissions discrepancies or clauses requiring clarifications by way of

Addenda.

5.2 Should a Proponent fail to report any such errors, omissions, discrepancies or clauses

requiring clarification at least 5 calendar days prior to the RFP Closing, CBRM shall be the

sole judge as to the intent of the RFP Documents.

5.3 No implied obligation of any kind by or on behalf of CBRM shall arise from anything in the

RFP documents, and the express covenants and agreements contained in the RFP

documents and made by CBRM, are and shall be the only covenants and agreements that

apply.

6. ADDENDA 6.1 Any changes to the RFP shall be in writing in the form of Addenda. Any Addenda issued

to the RFP shall form part of the RFP Documents, whether or not the receipt of same has

been acknowledged by a Proponent, and the cost of doing the work therein shall be

included in the RFP Sum. Verbal representations shall not be binding on CBRM nor form

5

part of the RFP Documents. Technical inquiries into the meaning of intent of the RFP

Documents must be submitted in writing to the person identified in Article 2.4 of the

Instructions to Proponents via email at [email protected].

6.2 The final written Addendum to non‐proprietary or non‐confidential inquires will be

emailed no later than 4:30PM (AST), Nov 18, 2019. The final written Addenda to

proprietary or confidential inquiries will be e‐mailed directly to the Proponent’s

representative that submitted the inquiry no later than the above noted date and time.

Verbal instructions shall not be binding.

6.3 The date and time for issuing the final written Addendum may be amended at the sole

discretion of the CBRM.

7. SUBMISSION OF PROPOSALS 7.1 By submitting its RFP, the Proponent acknowledges and agrees that it has received and

reviewed the RFP Documents.

7.2 The Proponent is responsible for meeting all submission requirements. By submitting its RFP,

each Proponent acknowledges and agrees that it waives any right to contest in any legal

proceedings, the decision of the CBRM to award points in respect of the criteria as specified

in 11 (Evaluation Matrix). RFP submissions must include Schedules B and C in addition to any

additional information from the proponent.

7.3 Each proposal shall be addressed to the CBRM in a sealed envelope clearly marked with the

Proponent’s name, address and RFP number. The sealed envelope containing the proposal,

shall be delivered before the RFP Closing to the CBRM in accordance with the Instructions to

Proponents at:

Cape Breton Regional Municipality

320 Esplanade, Ste 102

Sydney, N.S.

B1P 7B9

Attention: CBRM Procurement Department

7.4 Completion of SCHEDULE “B”, and SCHEDULE “C”

7.4.1 The Proponent shall carefully examine the Schedule “A” Scope of Work and

Specifications. A completed Schedule “B”, and Schedule “C” must be submitted

prior to RFP Closing.

7.4.2 The Scope of Work and Specifications as noted in Schedule “A” constitute the

minimum requirements for the goods and services to be supplied by the

Proponent.

7.4.4 Proponents shall provide written details of any variance from the Specifications as

noted in Schedule “A”. In providing written details, Proponents may submit

additional documentation if necessary, provide as many details as possible.

6

7.4.6 The Proponent shall include in its RFP Sum any prime cost sums or contingency

sums. The Goods and Services Tax shall be shown as a separate amount.

Applicable tax rebates under current legislation will be claimed by and will be

accrued to the benefit of the CBRM.

7.5 The Proposal shall include the Technical Proposal and the Fixed Lump Sum Price.

7.6 Proposals shall contain concise written material and illustrations that enable a clear

understanding of the characteristics, quality considerations and benefits of their proposal.

Legibility, clarity and completeness are essential.

7.7 The Proponent is responsible for all costs incurred in the preparation and dissemination

of the Proposal and for any presentations or interviews related to the Proposal. The

CBRM shall not be liable to any Proponent for any costs and expenses in submitting a

Proposal in response to this RFP.

7.8 No inquiry submitted to the CBRM will be responded to after November 21st, 2019.

Proposals shall not be withdrawn, modified, or clarified after being delivered in

accordance with the RFP Documents unless such withdrawal, modification, or clarification

is made in writing and actually received by the CBRM Purchasing Department.

7.9 Any withdrawal, modification or clarification of the RFP must be followed by a letter of

confirmation signed and sealed in the same manner as the RFP and delivered to the

address for the CBRM in the RFP within 48 hours of the Notice of the Withdrawal,

Modification or Clarification.

8. ACCEPTANCE OR REJECTION OF PROPOSALS 8.1 As it is the purpose of the CBRM to obtain the RFP most suitable and most advantageous

to the interests of the CBRM, notwithstanding anything else contained within the RFP

Documents, the CBRM reserves the right, in its sole and unfettered discretion, to accept

or reject any and or all proposals and/or to cancel this RFP in its entirety either in

advance of or following the receipt of proposals, should such be determined by CBRM to

be in its best interest in its sole and absolute discretion without incurring any liability

whatsoever to any bidder including liability costs, expenses, losses or damages, and

without giving any reason therefore.

8.2 Regardless of whether or not there is a Successful Respondent to this RFP and in the

event that no contract is approved by CBRM for whatever reason, the Respondent in

endorsing the RFP Response Form does hereby acknowledge that no damages or liability

flow from the inability for a contract to be reached and does hereby release and hold

completely harmless the CBRM.

7

8.3 The CBRM reserves the right to negotiate after RFP Closing time with the Proponent that

the CBRM deems has provided the most advantageous RFP; in no event will the CBRM be

required to offer any modified terms to any other Proponent prior to entering into a

Contract with the Successful Proponent and the CBRM shall incur no liability to any other

Proponents as a result of such negotiation or modification.

8.4 The CBRM in its sole and unfettered discretion, reserves the right to change the dates,

schedules and deadlines set out in this RFP or to change the scope of the project, or to

cancel the RFP or the project before or after the closing date; without stating any reasons

therefore.

8.5 CBRM does not guarantee that any proposal will produce a recommendation, or that

any contract for services will ultimately be approved and endorsed by CBRM. In the

event there is a Successful Respondent to this RFP, the Award to a Successful

Respondent will enjoy the sole ability of being able to discuss a potential contract with

CBRM, which the CBRM ultimately may approve or disapprove.

8.5 In the event there is a Successful Respondent to this RFP but the end result of

negotiations is not a contract approved by CBRM, the CBRM reserves the right and

ability to either negotiate with the next highest scoring Respondents in sequential order

pursuant to the Evaluation Criteria or to cancel this RFP in its entirety for final

cancellation or potential reissue.

8.9 The Bidder agrees that by submitting a Proposal in response to the RFP that the CBRM has

no obligation to reveal any information regarding any Proposal submitted to the CBRM,

including the results of the RFP process or any reasons for its decisions in the choice of a

Vendor or Vendors.

9. THE FREEDOM OF INFORMATON AND PROTECTION OF PRIVACY ACT 9.1 All documents submitted to the CBRM will be subject to the protection and disclosure

provisions of Nova Scotia’s Freedom of Information and Protection Act (“FOIP”). FOIP

allows persons a right of access to records in the CBRM’s custody or control. It also

prohibits the CBRM from disclosing the Proponent’s personal or business information

where disclosure would be harmful to the Proponent’s business interests or would be an

unreasonable invasion of personal privacy. Proponents are encouraged to identify what

portions of their submissions are confidential and what harm could reasonably be

expected from its disclosure. However, the CBRM cannot assure Proponents that any

portion of the Proponent’s documents can be kept confidential under FOIP.

10. ACCEPTANCE PERIOD 10.1 The RFP shall be irrevocable and open for acceptance by the CBRM for the period of

time contained in the Invitation to RFP, namely, sixty (60) days following the end of the

day of the RFP Closing. The time and date of the RFP Closing is as defined in the RFP.

8

11. PROPOSAL EVALUATION 11.1 The CBRM will evaluate proposals based on the following criteria. During the evaluation

process, bidders may be required to provide additional information to clarify statements

made in their proposal. By submitting a proposal, the Proponent acknowledges and agrees

that the CBRM has and it is hereby entitled to exercise, the sole and unfettered discretion

when rating each criteria.

1. Total Bid Price 30 points 2. Responsiveness to Requirements 20 points 3. Schedule / Timeline / Delivery 20 points 4. Vendor History / Experience / References 10 points 5. Ease of use, software GUI 10 points 6. Warranty & Support 10 points

Total Points 100 points

12. SUCCESSFUL PROPONENT 12.1 Award of contract by the CBRM occurs once the Proponent receives the Letter of Intent

executed by the Purchasing Agent of the CBRM and after the Purchasing Agent has been

duly and legally authorized by the CBRM to send such Letter of Intent.

12.2 Within 10 working days of receipt of the Contract from the CBRM, the Successful

Proponent shall duly execute the Contract and return the Contract to the CBRM.

12.3 Prior to providing the goods or services, the Successful Proponent shall obtain all

authorizations required by the laws of the Province of Nova Scotia and of the Country of

Canada enabling it to carry on business to complete the Work required under the

Contract. Failure to be properly authorized shall entitle the CBRM to forthwith terminate

the Contract without compensation.

12.4 DELIVERY OF GOODS OR SERVICES

The Successful Proponent shall deliver the services in accordance with the schedule as

reviewed and accepted. If delivery is not met, at the unfettered discretion of the CBRM,

the RFP and Contract may be cancelled and awarded to the next highest rated Proponent

or re‐issued at a later date.

13. PROPOSAL EXCEEDING BUDGET 13.1 In addition to the rights contained within Article 8 herein, if the RFP Sum of every

Proponent exceeds the amount the CBRM has budgeted for the Goods, the CBRM may

reject all proposals or attempt to negotiate a lower price with the Proponent who, in the

sole and unfettered discretion of the CBRM, has submitted the most advantageous

proposal.

9

13.2 Each Proponent acknowledges and agrees that the CBRM has the sole and unfettered

discretion to employ any criteria in order to determine the RFP most advantageous to the

CBRM, that the CBRM has no obligation to disclose such criteria nor employ the criteria

listed in Article 11.

13.3 By submitting its RFP, each Proponent waives its right to contest in any action, application,

case or legal proceeding in any court, the decision which the CBRM may pursue under

Article 13.1 herein.

13.4 If the RFP Sum of every Proponent exceeds the amount budgeted for the Goods and the

CBRM negotiates with the Proponent who has submitted the RFP considered most

advantageous to the CBRM:

a) All statements made by either side in the course of negotiation are without prejudice

and confidential;

b) In particular, the CBRM’s attempt to negotiate with such Proponent doesn’t not

constitute a rejection of its RFP; and

c) The CBRM will not attempt to obtain a lower price for the same Services that the

Proponent originally bid on, but may attempt to obtain a lower price for revised

Services. In no event will the CBRM be obligated to disclose the amount budgeted for

the Services.

14. WORKERS’ COMPENSATION 14.1 The Successful Proponent is to submit upon receipt of the CBRM’s Letter of Intent and/or

Letter of Award; a letter of account from the Workers’ Compensation Board – Nova Scotia.

This letter is to be current and not dated 14 calendar days prior to the RFP Closing.

15. INSURANCE 15.1 Without limiting any of the Contractor’s obligations or liabilities under the Contract

Documents, the Contractor shall, and shall cause its Subcontractors to, obtain and

continuously carry, while the work is being performed and while any remedial or warranty

work is being undertaken, at the Contractor’s own expense and cost, the following

insurance coverage with minimum limits not than those stated:

Liability Insurance

General Liability Insurance, in a form acceptable to the Owner, with limits of not less than

$5,000,000.00 inclusive per occurrence for bodily injury, death and damage to property,

including loss of use thereof. Such coverage shall be endorsed to include Products and

Completed Operations hazards, Contractual Liability (including liability assumed under

this Contract), and Owners and Contractors Protective Liability coverage, and shall cover

liability arising out of this Contract and all operations necessary or incidental thereto.

10

The liability insurance shall include the Owner and the Engineer name as additional

insured with respect to this contract and contain a cross liability clause.

Automobile Insurance (Owned and Non‐Owned)

Automobile Liability Insurance will be required with respect to licensed vehicles, with

coverage limits of not less than $2,000,000.00 inclusive per occurrence for bodily injury,

death and damage to property, covering all licensed vehicles owned, leased, rented or

used by the Contractor.

16. LAW AND FORUM OF RFP 16.1 The law to be applied in respect of the RFP Documents and the Contract shall be the law

of the Province of Nova Scotia and all civil actions commenced in relation to the RFP

Documents or Contract shall be adjudicated by the Courts of the Province of Nova Scotia

and by submitting proposals, Proponents are taken to have agreed to the jurisdiction of

the Courts of the said Province.

SCHEDULE “A” – Scope of Work ‐ Specifications The CBRM has a requirement to replace its Backup and restoration solution with a secure and robust

Backup and Disaster Recovery Solution, which would augment and extend the CBRM’s existing

capabilities.

The CBRM requires a system that provides redundant copies of data protection/backup, by allowing an

Efficient Local & Cloud protection against Data Loss & Disaster.

The CBRM has recently moved some services to the cloud and are currently utilizing Office 365, Exchange

on‐line, SHAREPOINT and ONEDRIVE. Proposed backup solution has to work with Microsoft’s cloud

offerings and integrate with Office 365 and other Microsoft Applications.

Current Environment:

The CBRM has a mix of physical and virtual (VMware) environment running Windows and Linux operating

systems:

Three ESXi‐5.5 hosts in a cluster that hosts 19 virtual machines.

15 physical servers.

Total raw data is approximately 8Tb. 6.3tb on premises, and another 1.4tb in the cloud used with

exchange on‐line and ONEDRIVE.

The CBRM is using a backup service offered by our ISP (Bell). A NETAPP appliance sits in our data center

and performs daily incremental backups, with weekly full backups and monthly backups stored off‐site in

Bell’s data center located in Halifax.

Please refer to Appendix 1 for server details on page 19.

11

Requirements:

The proposal shall include:

• A price breakdown for all components of hardware, software licenses, labours, annual fees, etc.

• Proposal must provide a GUI‐based Centralized management that allows for configuration, system

health, backup monitoring, and manage all activity.

• Proposal must allow protection/backup of both physical and virtual environments and Office 365.

• Proposal must allow the restoration of applications, databases, files & servers.

• Proposal must demonstrate that the solution allows instant recovery, fast & easy restoration

(Refer to Appendix 1 for requirements).

• Proposal must demonstrate the ability to provide virtual compatibility in the Cloud to recreate IT

infrastructure on Command. Provide the Disaster Recovery as a Service type.

• Proposal must provide a solution that reduces RPO (Recovery Point Objective) and RTO (Recovery

Time Objective).

• Proposal must demonstrate the ability to backup 8 TB of raw data with the following retention

policy settings:

1. Daily backups: 1 backup to keep for 14 days

2. Monthly backup: 1 backup to keep for 1 year

3. Yearly backup: 1 backup to keep for 7 years

• Proposal must demonstrate that the solution is compatible and can integrate with CBRM’s existing

IT and network environment.

• Proposal must demonstrate that the solution(s) support files/data structures/images on

Windows, and multiple applications on Windows, in a physical and a virtual deployment

supporting VMware.

• Proposal must demonstrate the use of deduplication, single instancing and data compression

technologies so as to reduce storage requirements and costs.

• Proposal must demonstrate that their solution and hosting service has the required security

certifications that have been accredited by the Government of Canada using the ITSG‐33 security

controls framework.

• The proposed system must provide Government of Canada approved End‐to‐End Encryption of all

data, both in transit and at rest. Provide the encryption type.

• The proposed system must provide cost efficiency, performance, scalability and Extensibility.

• The proposed system must allow the ability to provide additional capacity as the CBRM business

scales.

• Demonstrate the ease of ability to customize Retention Policies.

• Provide a diagram describing the proposed architecture (network connectivity, Backup/Disaster

Recovery configuration, Local & Cloud Retention Policy setup etc.).

• Install and configure hardware and software, if applicable.

• Provide documentation on the system installation and configuration for the current environment.

• Provide documentation on the spin to cloud environment procedure.

12

• Provide documentation on the initial detection of failover.

• Provide documentation on the Data Center environment and security.

• Provide a Cyber Security Incident Response Plan.

• Provide any technical limitation on the Disaster Recovery Site.

• Provide training plan either On‐site, Remotely or Web‐based. Specify if some training will be

continued or stops at a certain date.

• Provide a maintenance, support and warranty agreement.

• Provide a solution for testing restoration as a test environment/Sandbox.

• Maximum 4‐hour response time to service requests with a maximum of 24 ‐ 48 hour on site part

replacements.

• Proposal must provide 3 references (Schedule C) of similar implementations including

organization, contact, phone number, and email address. Please provide brief description of work

completed that is similar in scope.

• The proponent will be required to develop a Disaster Recovery Plan and Policy, please include the

cost of this deliverable on Schedule “B”.

SCHEDULE “B” – Proposal Form

Expected Delivery Date: ____________________________________________________

If the delivery date is not met, at the unfettered discretion of the CBRM, the RFQ and Award/Contract may be cancelled.

Proponent to complete the following table(s) and answer the questions below (attach additional

sheets/information as necessary):

Response Description

SUP Supported as part of the default offering.

MOD Supported through modifications to an existing offering and/or through increase from standard pricing.

3RD Supported through third-party solutions or provisioning.

CST Requires customization and changes to base vendor processes.

FUT Future service or offering that will be included as part of an existing product development roadmap.

NS Not supported.

13

Categories / Specifications

General Specifications

SUP MOD 3rd CST FUT NS Comments/Details/Specify

Solution provides a GUI‐based Centralized

management that allows for configuration,

system health, backup monitoring, and

manage all activity.

Solution allows protection/backup of both

physical and virtual environments.

Solution allows the restoration of

applications, databases, files & servers.

Proposal demonstrates that the solution

allows instant recovery, fast & easy

restoration (Refer to Appendix 1 for

requirements).




Solution must demonstrate the ability to

provide virtual compatibility in the Cloud to

recreate IT infrastructure on Command.

Provide the Disaster Recovery as a Service

type.

Proposal must provide a solution that reduces

RPO (Recovery Point Objective) and RTO

(Recovery Time Objective).

Proposal must demonstrate the ability to

backup 8 TB of raw data with the following

retention policy settings:

� Daily backups: 1 backup to keep for

14 days

14

� Monthly backup: 1 backup to keep

for 1 year

� Yearly backup: 1 backup to keep for 7

years

Proposal must demonstrate that the solution

is compatible or can integrate with the CBRM

exists IT and network environment.

Proposal must demonstrate that the

solution(s) support files/data

structures/images on Windows, Linux and

multiple applications on Windows, in a

physical and a virtual deployment supporting

both VMware and Microsoft Hyper‐V

hypervisors.

Proposal must demonstrate the use of

deduplication, single instancing and data

compression technologies so as to reduce

storage requirements and costs.




Proposal must demonstrate that their

solution and hosting service has the required

security certifications that have been

accredited by the Government of Canada

using the ITSG‐33 security controls

framework.

15

The proposed system must provide

Government of Canada approved End‐to‐End

Encryption of all data, both in transit and at

rest. Provide the encryption type.

The proposed system must provide cost

efficiency, performance, scalability and

Extensibility.

The proposed system must allow the ability to

provide additional capacity as the CBRM

business scales.

General Specifications / Questions Complies Comments/Details/Specify

Demonstrate/Describe the ease of ability to customize

Retention Policies.

Yes No

Demonstrate/ Describe Office 365 backup integration Yes No

Does the solution support failback testing as part of

the DR Test?

Yes No

Does the solution support the same IPs in DR as used

in Production?

Yes No

16

Primary hosting site for the solution is located within

Canada?

Yes No

Operational mirror site located is within Canada? Yes No

Does the SLA for the primary hosting facility provide

at least 99.96% availability?

Yes No

Do redundant communication links exist between

both primary and operational mirror sites?

Yes No

Do the primary and operational mirror sites have

spare capacity (power, cooling, etc.) sufficient to be

able to provide additional capacity for unpredicted

demand on the facility?

Yes No

Is the target recovery site owned by the vendor or

provisioned through a third party?

Yes No

Are resources available to the CBRM during both test

and recovery operations as a part of the standard

offerings (i.e. vendor personnel, physical space, site

technology)?

Yes No

What is your minimum network connection

requirement for your proposed solution?

Yes No

What if any additional hardware or server agents are

required to be added to our environment?

Yes No

Will you be required to be onsite for any period of

time during transition? If so how many people and for

how long?

Yes No

17

PRICING: Description Comments/Details Total Cost per

line Item Hardware (Please attach itemized list):

Software (Please attach itemized list):

Licence Costs (if applicable – attach itemized list):

Annual Support/Fees:

Extended Warranty (if applicable):

Other (specify):

Total Lump Sum Price (Excluding G.S.T.)

SCHEDULE “C” – Certification / References Document

Certification We have carefully read and examined the RFP document and have conducted such other investigations

as were prudent and reasonable in preparing this Proposal.

We certify that the statements made in this proposal are true and complete. These statements

represent our proposal to the CBRM of Taber. We agree to be bound by statements and representations

made in this proposal.

18

Proponent Information (Please Print) Company Name:

Address: Contact:

City Phone:

Province: Fax:

Postal Code: Email:

Acknowledgement of Addenda

We acknowledge receipt of the following addenda which become part of this RFP:

Addendum Number _____ Dated __________________________________ Addendum

Number _____ Dated __________________________________

REFERENCES

Municipality or Company Name Contact Person Phone #

________________________________________ _________________

Signature of Authorized Company Official Date

Appendix 1:

19

Server TypePhysical or Virtual

Operating SystemDrives/Volum

esTotal Storage allocated (GB)

Total Storage Used (GB)# of cpu/vcpu

GB Ram

Domain Controller

PhysicalServer 2008R2

C136GB

768 cores

14

Domain Controller

virtualServer 2008R2

C136GB

612 vcpu

8

Exchange ServerPhysical

Server 2012R2C

278GB115

8 cores16

ApplicationVirtual

Server 2008R2C

50GB41

1vcpu4

ApplicationVirtual

LinuxC

100GB50

4vcpu6

ApplicationVirtual

Windows 10 Pro

C60GB

422vcpu

4

File ServerVirtual

Server 2012R2C,E,F,G,H,I

5600GB3223

2vcpu8

ApplicationVirtual

Server 2012R2C

100GB49

1vcpu4

Print ServerVirtual

Server 2012R2C

100GB23

2vcpu4

ApplicationVirtual

Server 2012R2C

80GB21

2vcpu4

ApplicationVirtual

LinuxC

43GB43

2vcpu2

ApplicationVirtual

Server 2012C

100GB64

2vcpu4

ApplicationVirtual

Server 2008R2C

80GB63

2vcpu6

Application***Virtual

Server 2012R2C

60GB30

1vcpu4

ApplicationVirtual

Server 2008R2C

100GB52

1vcpu4

Authenticationvirtual

Server 2012C

80GB60

1vcpu4

Print ServerVirtual

Server 2008R2C

40GB33

2vcpu2

SharepointVirtual

Server 2012C

120GB58

2vcpu16

ApplicaionVirtual

Server 2012R2C, J

290GB74

2vcpu8

ApplicationVirtual

Server 2012C

80GB57

2vcpu4

ApplicationVirtual

Windows 10 Pro

C80GB

302vcpu

4

ApplicationPhysical

Server 2012C,D

1226GB618

12 cores64

ApplicationPhysical

Server 2012C,D,F,G,H

1066GB408

8 cores28

ApplicationPhysical

Server 2012C,D

974GB134

12 cores16

ApplicationPhysical

Server 2012R2C,L

682GB212

12 cores32

ApplicationPhysical

Server 2008R2C,E

682GB155

4 cores16

ApplicationPhysical

Server 2019C,D

1067GB66

8 cores64

SQLPhysical

Server 2008R2C,L,S,T

2976GB152

8 cores16

ApplicationPhysical

Server 2003R2C,L

273GB128

4 cores4

ApplicationPhysical

Server 2003R2C,E,F

272GB163

8 cores16

ApplicationPhysical

Server 2012R2C

272Gb43

8 cores16

6344

*** backup VM will no longer be needed.