1 Request for Proposal Business Intelligence (BI) Evolution 2019 Request for Proposal No.: 2019-013 Closing Date:June 7 th , 2019 4:00PM Atlantic time Location: Corporate Development Fenwick Medical Centre Suite 215, 5595 Fenwick St. Halifax, NS, B3J 2Y2 FAXED RESPONSES ARE NOT ACCEPTABLE
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Request for Proposal
Business Intelligence (BI) Evolution 2019
Request for Proposal No.: 2019-013 Closing Date:June 7th , 2019 4:00PM Atlantic time
Location: Corporate Development
Fenwick Medical Centre
Suite 215, 5595 Fenwick St.
Halifax, NS, B3J 2Y2
FAXED RESPONSES ARE NOT ACCEPTABLE
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Request for Proposal For Business Intelligence (BI) Evolution
Workers’ Compensation Board of Nova Scotia Request for Proposal No:2019-013
Request for Proposal Issue Date: May 7th , 2019
Responses to this Request for Proposal must be Received at:
Corporate Development, Suite 215 Workers’ Compensation Board of Nova Scotia
5595 Fenwick St. P.O. Box 1150
Halifax, Nova Scotia, B3J 2Y2
Not later than Closing Date and Time: June 7th at 4:00 pm
Public Opening: June 10th , 2019 at 10:00 am
Facsimile and email bids will not be accepted
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1. ORGANIZATION OVERVIEW
1.1. WHO WE ARE Every day, the Workers’ Compensation Board (WCB or the Board) helps employers,
workers, and Nova Scotians to come home safe:
We provide workplace injury insurance to workplaces in Nova Scotia. We work with
employers in Nova Scotia to help prevent workplace injuries and to establish strong
return to work programs in the event of workplace injury.
When a workplace injury occurs, we support injured workers to return to work in a safe
and timely manner with income replacement benefits, rehabilitation and return to work
assistance. We also provide long term care and extended health benefits in cases where
an injured worker is no longer able to work due to their workplace injury.
We are a leader in cultural and social change that is having a sustained impact in Nova
Scotia’s workplace injuries. Our social marketing campaigns spark important
conversations and behaviour changes related to workplace safety.
Guided by the momentum of the Workplace Safety Strategy, and supporting each of its
pillars, we will work together with our partners to make Nova Scotia the safest place to
work in Canada.
WCB’s vision is Nova Scotians safe and secure from workplace injury. WCB informs and
inspires Nova Scotians in the prevention of workplace injury, but if it occurs, we support
those whose lives it touches by championing a timely return to safe and healthy work.
More information on WCB may be found here: www.wcb.ns.ca
1.2. Project Description To help fulfil our mission of injury prevention and safe and timely return to work, WCBNS has
been undertaking a Business Transformation Advancement Program (BTAP) over the last
several years, to bring the way we deliver our services in line with the needs and preferences of
the people we serve. We have, and continue to undertake and advance an ambitious program of
business, process and technology renewal.
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Looking into the future, the Program will help us to leverage modern approaches, processes and
technologies to deliver better performance. Upon completion of the Program, WCBNS aims to be
a technology enabled, more customer-focused organization making effective use of
contemporary service channels, modern tools and evolved business processes.
BI Evolution Phase 2 is an initiative being delivered under the Business Transformation
Program. The overall objective of the project is to evolve and ready our business intelligence
function to support our modernized business into the future. The most significant change we
are undertaking through the program is the replacement of our core system; the foundation of
our current BI function and reporting approach. SQL server (RDBMS) is the current database
engine and the MS BI toolset including SSRS, SSIS and SSAS are utilized. This environment will
persist into the future; however the main source of data and the primary reporting tool will be
developed within a Cognos environment as an integrated component of the new core system.
Similar to other transformational projects within the Program, this evolution includes people,
process and technology. Specifically, it will identify the functional model required to support the
organization moving forward as well as the processes needed to enable it and the structures to
support its delivery.
The Business Intelligence function is the WCB’s primary, trusted source of information and
analysis to enable effective decision making related to the organization’s operational and
strategic objectives. The BI Team works collaboratively with the supporting IT functions of the
WCB, including IT Services, Enterprise Architecture, and the PMO to provide BI Services.
In 2017, we completed Phase 1 of BI Evolution primarily focused on outlining a BI Governance
& Delivery Guide, and establishing current and future state architecture. A preliminary road
map was developed with a goal toward finalizing process and architecture guides, completing
the road map and implementing necessary changes in Phase 2.
In early 2018 we commenced Phase 2 of this evolution and made advancements in the areas of
role definition, demand management, current and future report requirements, and high level
introduction to predictive analytics. As the work progressed, it became increasingly apparent
that the number of dependencies and interactions with other initiatives was significant and
leadership decided to pause this initiative and its continued deliverables development until
2019.
The purpose/intention of this RFP is to continue the work commenced in 2018 to further refine,
enhance and advance the thinking related to critical BI functions. Our goal is to ensure our
plans reflect the advancements/changes made to the environment within which BI operates.
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This RFP is providing high level targets and deliverables we expect will be achieved through the
course of the Project. At a high-level there are four primary categories of work that comprise the
scope of this project. Some categories of work will rely on processes developed or being
developed through our Core System Replacement Project (go-live date planned early June, 2019)
and will need to be resourced and sequenced appropriately to ensure readiness. The 4
categories include:
Update/Refine/Validate BI Functional Model, Process Redesign and related Governance; Update/Refine/Validate Future State BI Architecture Strategy, and Target state Roadmap; Develop Future State Report Delivery Service – including reports that are required to
support the organization after launch of Guidewire and the development and delivery of requested, customized reports and analysis ;
Introduce Predictive Analytics – high-level delivery options, market scan/research, and a roadmap/plan for sequencing of next steps
In addition to the above, the successful vendor will also be asked to prepare an umbrella
deliverable in the form of an overarching master roadmap that prioritizes, and sequences the
outputs of each of the 4 categories into an intentioned plan that considers resourcing,
budget, change capacity etc.
The details of the scope, key activities and deliverables are outlined below.
1.2.1 Update/Refine/Validate BI Functional Model, Process Redesign and related
Governance
With an increased understanding of the roles, responsibilities and approach to data creation,
data access, report creation/development, report production etc. A review and refinement
of the roles and responsibilities developed in Phase 1 is required. This includes a refresh of
the models and processes developed to date to reflect newly defined interactions between
our managed service provider (AMS) and the various internal WCB departments that play a
role in the delivery of BI functions.
BI Functional Model Updates:
Reviewing and revising the draft BI functional model developed in Phase 1 to align and reflect accountability/role/responsibility and process decisions made in the approved IT Operations Handbook.
Revising and/or developing key interaction models between the key parties delivering the functions (both the AMS provider/WCB andinternal departments within WCB) to improve clarity and support successful implementation of the model. This may also include the interactions and handoffs between parties (IT/BI) within the tools (i.e. Cognos)
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In carrying out this work, the project team is expected to work collaboratively with internal partners to enable work related to understanding and enabling future state structures and roles to perform the BI functions.
BI Process Updates will include:
• Revising and updating the BI Governance & Delivery Guide to ensure alignment with future state as outlined and approved in separate but related project documentation The process guide should clearly indicate if/when there is a variation from approved process to support unique or infrequent circumtances. Using a collaborative and inclusive process to refine and confirm the vision and mission and BI Governance with WCB Senior Leadership. Updates may include, but are not limited to:
• Code management approach and tools • Configuration management approach and tools • Validation of integration of BI into existing demand management, service request, &
release management processes. • Release management approach and tools • Process for managing ‘break/fix’ and small enhancement service requests • Process for testing and testing data (anonymized) strategy • BI-specific report development methodology • Cross functional roles and responsibilities • User training processes/protocols for new report roll out • Develop new processes required to support governance model • Training Needs Assessment and a training plan for functions that support the new
way of working 1.2.2 Update/Refine/Validate Future State BI Architecture Strategy, and Target state Roadmap
The target architecture for the business intelligence environment was developed in
Phase 1 and continues in Phase 2. The document describes the architecture at
various points in time as follows:
Current State (November 2018) Guidewire Release 1 Year End 2019 Year End 2020
A description of the evolving architecture was developed; however a detailed comprehensive road map is required to evolve the BI Environment from the current state to the target state. This includes completing all outstanding work items required to finalize and receive approval of the Business Intelligence Architecture
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Strategy. Proposed standards will need to be finalized and evaluated as part of this work. Key items to be addressed (but not limited) in the roadmap include:
Validate the defined integration patterns are complete, identify and
address any gaps Define when to use patterns Working collaboratively with subject matter experts to develop
standards for: o Framework Manager packages; o InfoCenter (Cognos, Datahub); o For use of non-Guidewire data (not covered earlier); o For bringing together Guidewire and non-Guidewire data; Alignment with security requirements, (which, when, priorities, etc.), Identifying the disposition of BI legacy tools, databases, etc. The
roadmap must clearly articulate the scope, requirements, dependencies and risks associated with execution and must include the proposed future state, for combining cloud-based and on-premise data;
Where aspects of the design will likely require approval by the managed service provider the roadmap should include and consider the process for receiving the approval, documentation updates and the statement of work;
And Identify any technical enhancements or upgrades required to ready the environment and ensure it can support the tools etc in required timeframe
Key activities include (but are not limited to):
Refining the newly approved AMS Operations Handbook and BI Process and Governance Guide to align with our BI solution architecture.
Reviewing the data mart design and implications for reports not moving to Guidewire.
Identifying security implications/risks of data managed outside of Guidewire
Preparing a recommendation/proposal (including options, implications/considerations, costing, risks etc.) that assesses whether the current Corporate Performance Measures design is sufficient to meet future needs, or whether there is opportunity for improvement to meet long term requirements. This work will include:
Will work with WCB provisioned Guidewire expert to : Work with the WCB and AMS provider to determine how
WCB can best address current and future analysis and reporting needs.
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Review the proposed architecture/solution based upon best practice to ensure it will both meet BI/business requirements and is aligned with Guidewire out of the box architecture to ensure future maintainability.
Presenting the proposal to the appropriate governance body ( as earlier defined) for consideration/approval
Build roadmap
1.2.3 Future Report /Analytics Delivery Approach
A key area of focus of BIE Phase 2 is to bring a structured and intentioned approach to
enhancing and improving our reporting capabilities over time. Within the scope of this
project is to build a roadmap/plan for how the delivery of the reporting/analytic function
will evolve over time to meet our business needs. In planning this work, there are 3 main
categories of effort:
Overarching/umbrella work that sets the context/assumptions, delivery methods, and service expectations /levels as it relates to the reporting/analytics service;
Development and delivery of reports/analytics; and Development and delivery of Ad Hoc Reports/Analytics
The scope and expected deliverables associated with each of these areas will be outlined in
detail below:
a. Overarching Delivery Approach:
The overarching delivery approach is comprised of activities that must be established to
support the future state reporting service. Deliverables in this area include but are not
limited to:
Reporting Service roadmap that moves the Board from current state service offerings to future state service offerings in a thoughtful and intentioned manner. This would be built in a collaborative manner with impacted stakeholders and would include (at the minimum):
o Documentation of current state service offerings (including stakeholders / audiences both internal and external) and facilitation with key stakeholders to establish the future state service offerings [including stakeholders/audiences both internal/external].
o Report delivery design principles and decision criteria to enable approach or model selection
o Report delivery assumptions – ie. enhancements to reports built by AMS Provider would be enhanced by AMS provider, new reports would be done by BI
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o Report delivery options (portal, SharePoint, email) including pros/cons, costs, best practice, risks/implications and a recommendation. The implementation approach for the preferred options would be included in the roadmap.
o High to medium level description of how BI will enable the delivery of reports. Develop roadmap for how BI will enable the future delivery of reports, including process
maps covering all parts of the organization that play a role. (this might be the next phase
after the option(s) is chosen and includes the Strategic Change Management/Comms plan)
b. Reports (including Custom) & Data Requirements Documented, and Roadmap
Developed:
In the development and delivery of reports the deliverables expected (at the minimum):
A future state roadmap that proposes an intentioned and thoughtful approach to delivering required reports, that consider building out data marts over a period of time to support the organization long term and reduce future reporting risks
Identification and documentation of the process for building the required reports. Assumption has been that the BI team is the primary for building these reports – planning
process should identify any risks with this assumption, and propose resource augmentation mitigations needed to deliver scope of reports to meet business timeline requirements
Description of support to be provided by AMS provider or WCB to maintain or develop Custom reports (CPMs, Custom & long term strategy) (how to leverage the AMS agreement from a BI perspective)
c. ‘Ad Hoc’ Reports:
In the development and delivery of Ad Hoc reports the following deliverables are expected
(at the minimum):
Identification of the key data sources that would enable us to satisfy the majority/ or most frequent Ad Hoc report requests Identify and quantify the existing gap, the status of data source and steps to be taken
to get the required data to InfoCentre.
Data sources including both Guidewire data to be migrated to Datahub/Infocentre
plus non-Guidewire data. For the Guidewire data, the prioritization and packaging of
data releases needs to be integrated with above regular report data packaging.
Documentation of the key data and data sources required to support ad hoc reporting, the priority for propagating or integrating with InfoCenter, and plan/timeline for delivering (to be outlined in a roadmap).
Plan / Approach for reporting on legacy data that is not migrated to Guidewire, including a timeline for development (to be outlined in a roadmap).
1.2.4 Predictive Analytics
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Predictive Analytics is a new BI service to be offered in the medium to long term as we
continue building our data repository. To ensure we are moving towards this target state in
an intentioned manner a plan/roadmap is needed to guide and direct this journey. The
deliverables should include but are not limited to:
High Level options / models for solutions - what are the options for how this function can be delivered? What models exist? .
High level education on predictive analytics as a discipline and its application for WCB Work with Senior leadership to determine the required audience for education sessions High-level delivery options including Delivery model options, (not necessarily only the
technical delivery options) as well as the pros / cons and implications for WCB of each. Education on, and understanding of, potential delivery models. Design principles and criteria for evaluation of that would support the delivery model
selection decision process. Leading market models – market research Decision on a model and a plan/roadmap (detailed “how to”) for the next steps.
1.2.5 Enabling Future State Structues for BI Function While the work associated with future state organizational structures is out of scope of BI
Evolution Phase 2 and is the accountability of the Director, Strategic Change Management
within the overall organizational transformation It is the responsibility of BIE to ensure
timely and appropriate engagement of the internal teams responsible for this work early in
the delivery process, to ensure they have the necessary information and context to
effectively execute their role. It is expected the BI Evolution will work collaboratively with
the team throughout the project to review the project plan and to identify and align on an
engagement approach.
1.2.6 Expected Timeline Implementation of the new core system will take place in 2019. It is our expectation that the BI Evolution Roadmap will be completed by the end of 2019. Proponents should prepare their proposal based on the effort and resources required to deliver this project in a 4-5 month’s time frame , commencing end of July/ first week of August and to be completed by the end of 2019.
2. ADMINISTRATIVE REQUIREMENTS The following terms will apply to this Request for Proposal and to any subsequent contract.
Submission of a proposal in response to this Request for Proposal indicates acceptance of all
the following terms.
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2.1. INTRODUCTION AND SCOPE
2.1.1. REQUEST FOR PROPOSAL TERMINOLOGY
Throughout this Request for Proposal, terminology is used as follows:
a) "Must", "mandatory" or "required" means a requirement that must be met in substantially unaltered form in order for the proposal to receive consideration;
b) "Proponent" means an individual, consortium or a company that submits, or intends to submit, a proposal in response to this "Request for Proposal";
c) "Successful Proponent”, “winning bidder”, or “contractor” means the successful proponent to this Request for Proposal who enters into a written contract with the WCB;
d) “the Board” or “WCB” means the Workers’ Compensation Board of Nova Scotia on whose behalf this Request for Proposal is issued;
e) "Should" or "desirable" means a requirement having a significant degree of importance to the objectives of the Request for Proposal.
2.1.2. ELIGIBILITY Prospective proponents are not eligible to submit a proposal if current or past corporate or
other interests may, in the WCB's opinion, give rise to a conflict of interest in connection
with this project.
3. RULES GOVERNING PROCUREMENT PROCESS
3.1. DISQUALIFICATION It is essential that your submission thoroughly address each requirement identified in these
instructions. Submissions will be disqualified and will not be reviewed or scored under the
following circumstances:
a) Incomplete; b) Received late; c) Received by email; or
Disqualified proponents will not be provided the reason for disqualification and will not be
provided an opportunity for a full debrief on their submission.
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3.2. OVERVIEW OF EVALUATION AND SELECTION Technical evaluation of proposals will be based on the Criteria provided in this Section 3.2, and subject to provisions of Section 8.1 of this RFP. Proponents failing to achieve a minimum score of 75% in the evaluation of technical criteria (i.e 45 points out of 60 points total), will be eliminated from consideration. The financial proposal of any eliminated proposal will not be reviewed.
Technical Evaluation Criteria
1 Please describe your understanding of the scope of work and propose an approach for achieving project objectives and related deliverables. Please include a high level project plan with key milestones. (Max 3 pages)
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Please describe the proposed team, defining each role, how they contribute to the team's success and relevent experience. Include resumes for any proposed resources as an appendix. Key skills to be highlighted should include: Project Management, Business Intelligence Best Practice (both stragegic and technical), strong communication and facilication skills. (Max 3 Pages + Resumes in Appendix)
3 Provide at least two, maximum three references of similar engagements. Please include the Organization Name, a brief synopsis of the scope of the project, and contact. Please highlight if any of the proposed resources worked on the project being referenced. (Max 2 Pages)
4 Please describe your experience and knowledge of predictive analytics delivery models and what are the critical things to consider during evaluation. (Max 1 Page)
5 Describe your experience in working with organizational change management, specifically identify any experience leading BI Transformational projects. Include how you would engage the WCB Leadership to ensure project's objectives are met. (Max 1 Page)
6 Please decribe your project management approach including regular status reporting, risk and issue management. (Max 1 Page)
7 Describe your experience working with an portfolio of other large projects and how you would propose to align with other in-flight projects. (Max ½ Page)
8 Please outline any expectations you have of the WCB in achieving project goals, including resourcing, space and tools. (Max 1 Page)
3.2.1. DEBRIEFING Unsuccessful proponents, that were not disqualified, may request a debriefing meeting
following execution of a contract with the successful proponent.
3.2.2. NEGOTIATION DELAY If a written contract cannot be negotiated within 30 days of notification of the successful
proponent, the WCB may, at its sole discretion at any time thereafter, terminate negotiations
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with that proponent and either negotiate a contract with the next qualified proponent or
choose to terminate the Request for Proposal process and not enter into a contract with any
of the proponents.
3.2.3. WORK START DELAY Notwithstanding clause 3.2.2 above, the successful proponent and the WCB may extend the
time for contract negotiation at it sole discretion. If the work start date is delayed due to
prolonged contract negotiations the WCB may agree to:
a. Enter into a written Letter of Intent to commence work based on successful contract
negotiation to allow work to begin on time; or
b. Amend the work start date to commence at a time following contract signing.
3.3. SUBMISSION OF APPLICATIONS
3.3.1. BID CONFIRMATION All Proponents who intend to bid on the Request for Proposal are required to send, in
writing, the company and contact name, email and contact information (phone number,
address) to WCB prior to submission. If you have indicated your intent to bid, or you have
received the Request for Proposal and do not wish or have decided not to bid, you are asked
to submit to WCB a letter of “no bid”.
Upon expression of intent to Bid and subject to receipt of signed NDA by the Board, in a
form provided in Appendix B of this RFP, proponents will be entitled to receive the
supporting documentation listed in Appendix YY of this document.
3.3.2. ENQUIRIES All enquiries related to this Request for Proposal are to be directed, to the following
person(s), or his/her designate(s). Information obtained from any other source is not
official and may be inaccurate. Enquiries and responses will be recorded and may be
distributed to all proponents at the WCB’s option to maintain a fair competitive
environment.
WCB Contact:
Gil Rahinshtein 5595 Fenwick Street P.O. Box 1150, Halifax, Nova Scotia
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B3J 2Y2 Telephone 902-491-8337 Fax: 902-491-8345 Email: [email protected]
WCB cannot guarantee a response to Enquiries forwarded less than four (4) business days
prior to the scheduled closure date of the RFP.
Any proponent finding any discrepancy in or omission from this RFP, in doubt as to the
meaning of any provision(s) herein, or feeling that the RFP is discriminatory, shall notify
WCB in writing within five (5) days of the scheduled opening of proposals. Inquiries and
exceptions taken by proponents in no way obligate the WCB to change the RFP; however any
interpretations given by the WCB and any changes made to the RFP will be reflected in
addenda duly issued by the WCB.
3.3.3. PROPOSAL CHANGES AND AMENDMENTS
The Board has endeavoured to produce a complete and accurate RFP document. However,
should changes be required, an amended document will be posted to the Provincial Tender
site at: www.novascotia.ca/tenders
Updates may include corrections and/or changes to material in the RFP as well as
amplification and clarification following bidder questions.
Potential proponents may forward an e-mail contact address to the WCB point of contact at
Section 3.3.2, to receive any RFP updates as they are made available.
Notwithstanding any e-mail correspondence as noted above, Proponents remain responsible
to periodically verify the tendering site for updates, as the version posted on the Nova Scotia
Tender site will be the authoritative version of the document at all times.
Should changes occur within five government business days of the close of the proposal, the
proposal closing date may be extended to allow for a suitable number of bid preparation
days between the closing date and the issuance of the change.
3.3.4. DISPUTE RESOLUTION
If a proponent has a dispute in relation to this Request for Proposal or the review process, it
may take advantage of the Board’s Procurement Dispute Resolution Procedure, which is
described as follows:
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The purpose of this Procurement Dispute Resolution Procedure is to establish and
implement a procurement dispute resolution process that complies with applicable trade
agreements and ensures that any procurement related dispute is handled in an ethical, fair,
reasonable and timely manner. This procedure applies when an aggrieved proponent in
procurement elects to dispute the outcome of the procurement process.
Steps to be taken:
1. The aggrieved party is to file its bid dispute with the Board representative mentioned in
Section 3.3.2 by registered mail or courier delivery, within 10 business days following the
debriefing meeting or 90 days following the last date for filing proposals, whichever is
earlier. The aggrieved party’s filing should include:
(a) The name and address of the proponent.
(b) Identification of the Request for Proposal being protested.
(c) Statement of the grounds for protest with enough detail to enable the Board to
understand the nature and scope of the protest.
(d) Supporting documentation.
(e) Desired relief.
(f) Designated contact during the bid dispute process.
2. The Board’s representative will respond to the aggrieved party in written form with a
decision within 15 business days of receiving the dispute notice.
3. If no resolution is achieved at the end of stage 2, above, the aggrieved party may escalate
the matter by providing notice to the Board’s Executive. Such notice:
a. Will be set out in writing and sent by registered mail or courier delivery within 15
business days of receipt of the response in Step 2, with a copy sent to the Board’s
representative identified in Section 3.3.2 herein;
b. Contain details of the unresolved issue(s) and the Parties’ positions.
4. The Board’s Executive or designate will respond to the aggrieved party with a decision, by
registered mail or courier delivery, within 15 business days of receiving the dispute notice.
5. If the dispute is not resolved to the satisfaction of the Proponent, following Step 4 above,
the mutual dispute resolution process defined in Steps 1-4 above will end and the proponent
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may, at this time (at their own option and expense), pursue any type of legal remedy
available to them.
6. For clarity, none of the Dispute Resolution provisions herein or any other provision of this
RFP will prevent the Board from proceeding with evaluation and selection of successful
Proponent and/or from signing the contract for the services subject of this RFP with any of
the proponents.
Delegation of Authority
During any level of the bid dispute process, if the specified contact is not available, he/she
may assign a delegate. If no delegate has been assigned or the assigned delegate is not
available at the time of bid dispute request, the process should proceed with the next level of
authority according to this procedure.
3.3.5. CLOSING DATE
One (1) Electronic Copy – Prepare an electronic copy of your proposal as either a Portable
Document Format (PDF) file (preferably) or as a MS-Word file, and include this in your bid.
The file name should include an abbreviated form of the proponent’s name and tender
number. Copies MUST be on electronic media and MUST be virus-free. Label the electronic
media with the proponent’s name and tender number.
2 unbound hard copies are also to be provided for evaluation.
The Original and Copies should be identical (excluding any obvious differences in labelling,
as noted). If discrepancies between these items are discovered during the evaluation or
during the life of any contract that emerges from this RFP, the electronic copy shall be taken
as the correct version and the proponent will be advised accordingly.
One (1) copy of the Financial Proposal must be included in a separate sealed envelope, which
may be placed in the main envelope of the Proponent’s response.
Additionally, the submission will be supported by electronic copy sent to the email of
representative provided in Section 3.3.2 whithin 24 hours from the closing date.
Copies of each proposal, as outlined above must be received by 4:00 pm, June 7th , 2019 at
the Corporate Development Dept., Suite 213/215, Workers’ Compensation Board of Nova
Scotia, 5595 Fenwick Street, P.O. Box 1150, Halifax, Nova Scotia, B3J 2Y2.
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Proposals may not be sent by facsimile. Proposals and their envelopes should be clearly
marked with the name and address of the proponent, the Request for Proposal number, and
the project or program title.
Proposals will be opened at the WCB’s Offices at 10:00 am on June 10th , 2019
The vendor should endeavour to present their proposal in a succinct manner including only
relevant content and value add offerings,
3.3.6. LATE PROPOSALS
Late proposals will not be accepted and will be returned to the proponent unopened.
3.3.7. ADDITIONAL INFORMATION
Proposals may contain additional information. If alternative solutions or value added
services are offered, please submit the information in the same format, as a separate
proposal. (*Not weighted in final decision).
Proponents must have an extremely comprehensive understanding of the subject matter in
this RFP. Such understanding and previous experience in all aspects of similar projects are
essential criteria in the qualifying process. The WCB reserves the right to consider past
performance on WCB contracts in the evaluations of a proponent’s qualifications.
3.3.8. NOTIFICATION OF CHANGES
Following posting of this Request for Proposal, any changes made to it by the WCB prior to
closing will be posted on the Provincial Tender site at: www.novascotia.ca/tenders . It is
the responsibility of all recipients/proponents to regularly check the bid board for changes.
3.3.9. CHANGES TO PROPOSAL WORDING
The proponent will not change the wording of its proposal after closing and no words or
comments will be added to the general conditions or detailed specifications unless requested
by the WCB for purposes of clarification.
The proponent may change a previously submitted proposal by withdrawal, amendment or
submission of a replacement if done prior to the tender closing date and time. This
information or request should be submitted in writing on company letterhead or equivalent
and contain the signature of the individual submitting the original submission.
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3.3.10. PROPONENTS' EXPENSES
Proponents are solely responsible for their own expenses in preparing, delivering or
presenting a proposal and for subsequent negotiations with the WCB, if any.
3.3.11. FIRM PRICING
Proposals must be open for acceptance for at least 90 days after the closing date. Upon
acceptance, prices will be firm for the entire contract period unless otherwise specified.
3.3.12. CURRENCY AND TAXES
Prices quoted are to be:
a) In Canadian dollars;
b) Exclusive of Federal/Provincial Sales Taxes.
3.3.13. COMPLETENESS OF PROPOSAL
By submitting a proposal, the proponent warrants that all components required to deliver
the services requested have been identified in its proposal or will be provided by the
proponent, at no additional charge if the proponent is awarded the services set out in this
Request for Proposal.
4. ADDITIONAL TERMS & CONTRACTING
4.1. SUBCONTRACTING
Utilising a sub-contractor (who must be clearly identified) is acceptable, and for the
purposes of skills and technology transfer to Nova Scotia is encouraged. This includes a joint
submission by two proponents having no formal corporate links. However, in this case, one
of these proponents must be prepared to take overall responsibility for successful provision
of the goods or services and this must be defined in the proposal.
Sub-contracting to any firm or individual whose current or past corporate or other interests
may, in the WCB's opinion, give rise to a conflict of interest in connection with this project
will be required to explain how any potential conflict of interest will be handled to ensure
this relationship does not result in an unfair advantage. This includes, but is not limited to,
any firm or individual involved in the preparation of this Request for Proposal.
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4.2. ACCEPTANCE OF PROPOSALS
The WCB reserves the right to modify the terms of the Request for Proposal at any time at its
sole discretion.
This Request for Proposal should not be construed as a contract to purchase goods or
services. The WCB is not bound to accept the lowest priced or any proposal of those
submitted. Proposals will be evaluated subject to evaluation criteria and Project
requirements.
Subsequent to the submission of proposals and technical review thereof, the Board may elect
to request an Oral Presentation (“Orals”) to be conducted by some of the proponents, and
award Bonus scoring based on the proponents presentation. Notwithstanding the above or
any other provision of this RFP, there will be no obligation on the Board to request any
proponent conduct Orals, and the Board may at it sole discretion, award Bonus scoring or
part thereof provided in Section 8.1.
The WCB will not be obligated in any manner to any proponent whatsoever until a written
contract has been duly executed relating to an approved proposal.
Neither acceptance of a proposal nor execution of a contract will constitute approval of any
activity or development contemplated in any proposal that requires any approval, permit or
license pursuant to any federal, provincial, regional district or municipal statute, regulation
or by-law.
4.3. CONTRACT
Notice in writing to a proponent of the acceptance of its proposal by the WCB and the
subsequent full execution of a written contract will constitute a contract for the goods or
services, and no proponent will acquire any legal or equitable rights or privileges relative to
the goods or services until the occurrence of both such events.
The successful proponent, following satisfactory negotiations with the WCB, will be
required to enter into a contract with the WCB in the form attached hereto as Appendix “A”
(or similar form as negotiated between the parties). All proponents should review Appendix
“A” in its entirety. Failure by the successful proponent to enter into an Agreement with
the WCB containing substantially similar language as that contained in Appendix “A”
may result in negotiation delay pursuant to Section 3.2.2 of this Request for Proposal.
Insurance
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The Successful Proponent will need to put into place, and maintain during the service term,
certain insurance in accordance with the Board’s standard requirements. This insurance
generally includes the following types and amounts of insurance. The Board is willing to
entertain sensible variations from the following list of insurances but the Successful Proponent
should recognize that the Board’s risk management requirements are unlikely to allow
significant variations that materially affect the Board’s risk.
(a) Comprehensive General Liability Insurance, including Products, Completed Operations,
Premises Operations, Bodily Injury, Personal and Advertising Injury, Broad Form Contractual
and Broad Form Property Damage liability coverages, on an occurrence basis, with a minimum
combined single limit per occurrence of $5,000,000 and a minimum combined single aggregate
limit of $5,000,000.
(b) Errors and Omissions Liability Insurance covering liability for loss or damage due to an
act, error, omission or negligence, with a minimum limit per event of $5,000,000.
The insurance coverages described above:
(i) will be primary with respect to Successful Proponent’s operations and non-contributing
with respect to any other insurance or self-insurance that may be maintained by Board;
(ii) will include a waiver of subrogation for Comprehensive General Liability and a waiver of
any insured-versus-insured exclusion regarding Board; and,
(iii) to the extent any insurance coverage is written on a claims-made basis, it will have a
retroactive date no earlier than the Commencement Date and, notwithstanding the termination
of this Agreement, either directly or through ‘tail’ coverage will allow for reporting of claims
until the period of the applicable limitations of actions has expired.
The Successful Proponent will use commercially reasonable efforts to cause its insurers to issue
certificates of insurance evidencing that the coverages and policy endorsements required under
this Agreement are maintained in force and that not less than thirty (30) days’ written notice
will be given to Board prior to any cancellation or non-renewal of the policies. Successful
Proponent will in any event promptly notify Board of such modification, cancellation or non-
renewal.
Successful Proponent will assure that all its subcontractors, if any, maintain insurance coverages
described above.
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Term and Extensions
The successful proponent will be required to enter into a contract with the WCB for an initial
term between the date of signature of the contract and December 31, 2019, provided the
Board may request subsequent contract extensions as required. If the work is successfully
completed to the full satisfaction of the WCB and similar work is required in the future, WCB
may direct subsequent work to the successful proponent, without further tender, up to a
maximum of three (3) consecutive additional engagements of a similar nature to the initial
engagement resulting from this tender.
4.4. PROPOSALS AS PART OF CONTRACT
Proposals may be negotiated with proponents, and if accepted, may form part of the
negotiated contract.
4.5. LIABILITY FOR ERRORS
While the WCB has used considerable efforts to ensure an accurate representation of
information of this Request for Proposal, the information contained in this Request for
Proposal is supplied solely as a guideline for proponents. The information is not guaranteed
or warranted to be accurate by the WCB, nor is it necessarily comprehensive or exhaustive.
Nothing in this Request for Proposal is intended to relieve proponents from forming their
own opinions and conclusions with respect to the matters addressed in this Request for
Proposal.
4.6. ACCEPTANCE OF TERMS
All the terms and conditions of this Request for Proposal are assumed to be accepted by the
proponent and incorporated in its proposal. Proponents who have obtained the Request for
Proposal electronically must not alter any portion of the document, with the exception of
adding the information requested. To do so will invalidate the proposal.
4.7. FINANCIAL STABILITY
The successful proponent may be required to demonstrate financial stability and may be
required to register to conduct business in Nova Scotia.
4.8. OWNERSHIP OF PROPOSALS, FREEDOM & CONFIDENTIALITY OF INFORMATION
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Information pertaining to this competition obtained by the proponent as a result of
participation in this project is confidential and must not be disclosed without prior, written
authorization from a Manager of the WCB.
The WCB is bound by the terms of s. 192 of the Workers' Compensation Act, S.N.S., 1994-95,
c.10, the Freedom of Information and Protection of Privacy Act, S.N.S. 1993, c. 5, the Personal
Information International Disclosure Protection Act, S.N.S. 2006, c. 3, the Privacy Review
Officer Act, S.N.S 2008, c.42 and the Electronic Commerce Protection Act, S.C., 2010, c. 23 (and
other legislation which may be enacted from time to time) with respect to the collection, use
and disclosure of personal information, confidential or sensitive information, and other
information. To review the provisions of the above noted legislation, please visit:
http://www.gov.ns.ca/legislature/legc//index.htm
All documents, including proposals, submitted to the WCB become the property of the WCB
and are subject to the provisions of the above named legislation. By submitting a proposal
the proponent thereby agrees to public disclosure of its contents. Any information the
proponent considers 'personal information' because of its proprietary nature should be
identified as such and marked as "confidential", and will be subject to appropriate
consideration as defined within the Nova Scotia Freedom of Information and Protection of
Privacy Act.
4.9. USE OF REQUEST FOR PROPOSAL/INFORMATION
This document or any portion thereof will not be used for any purpose other than the
submission of proposals.
4.10. RECIPROCITY
The Workers’ Compensation Board may consider and evaluate any proposals from other
jurisdictions on the same basis that the government purchasing authorities in those
jurisdictions would treat a similar proposal from a Nova Scotia supplier or service provider.
4.11. FUNDING
Notwithstanding any other provision of this Request for Proposal, the contract contemplated
by this Request for Proposal and the financial obligations of the WCB pursuant to that
contract are subject to:
a) There being sufficient monies available in the appropriation, to enable the WCB in
any fiscal year or part thereof when the payment of money by the WCB to the
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successful proponent falls due under the contract entered into pursuant to the
Request for Proposal to make that payment.
5. WCB RESPONSIBILITIES
The WCB will be responsible for:
- Providing work space for the team
- Providing background material and context
- Ensuring Subject Matter Expertise is available to the Team
- Providing Guidwire Expertise where required
- Ensuring Leadership Support and Governance for the Project
- Change Management
6. RFP PROPOSAL – PROPOSAL FORMATTING
6.1. PROPOSAL CONTENT AND RESPONSE FORMAT
In order to ensure the evaluation of proposals is conducted consistently for each proponent
and to ensure each proposal receives full consideration, the following format and sequence
must be followed:
6.1.1. PROPONENT PROFILE
A corporate profile must be submitted detailing the Proponent’s fields of expertise and
emphasizing those relevant to the proposal. The Proponent’s corporate information must
include:
The complete legal name of the proposing entity;
a) A description of the corporate organization of the proposing entity, including all
members of any sub-contractors and their employees, partners, agents, and/or
servants. If the proposing entity is a team or any other multi-organizational
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structure, the corporate organization assuming accountability to the WCB on behalf
of the proposing entity must be identified;
b) The numbers of years in business for each company whose products and/or services
are proposed in the Proponent’s response;
c) A description of the Proponent’s general capability and experience to undertake a
service offering of the size and scope of that contained in this Request for Proposal;
d) A description of financial stability; and
e) The WCB, at its sole discretion will verify each of the references and may include
specific questions about the team being proposed. It is therefore important the
Proponent references include the proposed team.
6.1.2. RESOURCE ELIGIBILITY
Any and all resources proposed under this requirement must be eligible to work within
Canada at the time this proposal is submitted to WCBNS. If resources are proposed without
confirmation of such eligibility, the proposal may not be considered for evaluation under this
requirement.
6.1.3. RESOURCE PROFILES
In proposing a resource for this requirement, responses should make it very clear how the
proposed resources demonstrate relevant experience to address requirements of this RFP
6.1.4. RESOURCES REFERENCES
Three references must be supplied and they must be valid within the last three years and
must contain:
a) Client Name: Name of client organization;
b) Service Description: A description of the nature, scope and duration of the services
provided to the client;
c) Personnel: Identification of proposed personnel who participated in the referenced
projects and their specific role and accountability;
d) Client Satisfaction: Proof of client satisfaction with the Proponent’s performance;
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e) Team Composition: The team composition including whether the Proponent
managed sub-contractors and their employees, agents, and/or servants; and
f) Client Contact: The name, phone/fax numbers and e-mail address (if available) of
any appropriate contact for the client organization. This individual must be available
to be contacted during the evaluation period.
7. FINANCIAL PROPOSAL One sealed copy of the Financial Proposal is required to accompany the proponent’s
submission. The Financial proposal must follow the format outlined in Section 7 to be
considered complete.
7.1. CERTIFICATION BLOCK
This section must contain the certification of the proposed pricing by an authorized
representative of the proponent’s organization as follows:
a) Signature; b) Name; c) Title; and d) Date
8. REVIEW PROCESS
8.1. PROPONENT EVALUATION AND SELECTION
The evaluation team will validate proposal against the evaluation criteria as follows:
Requirement Description Max. % of Overall Score
Experience and Approach: Please describe your understanding of the scope of work and propose an approach for achieving project objectives/deliverables. Please include a high level project plan with key milestones. Please describe the proposed team, defining each role, how they contribute to the team's success and relevent experience. Include resumes for any proposed resources as an appendix. Key skills to be highlighted should include: Project Management, Business Intelligence
60%
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Best Practice (both stragegic and technical), strong communication and facilication skills. Provide at least two, maximum three references of similar engagements. Please include the Organization Name, a brief synopsis of the scope of the project, and contact. Please highlight if any of the proposed resources worked on the project being referenced. Please describe your experience and knowledge of predictive analytics delivery models and what are the critical things to consider during evaluation. Describe your experience in working with organizational change management, specifically identify any experience leading BI Transformational projects. Include how you would engage the WCB Leadership to ensure project's objectives are met. Please decribe your project management approach including regular status reporting, risk and issue management. Describe your experience working with an portfolio of other large projects and how you would propose to align with other in-flight projects. Please outline any expectations you have of the WCB in achieving project goals, including resourcing, space and tools.
Financial Proposal 40%
TOTAL 100
Orals (optional) 10% (bonus)
8.2. AWARD OF CONTRACT
The successful Proponent (i.e. the Proponent with the highest overall score defined as the
sum of the scores for the applicable evaluation components) will enter into negotiations with
both parties acting in good-faith. The negotiations will have a maximum allowed duration of
ten (10) business days after notification of success.
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APPENDIX “A” – SAMPLE CONTRACT
WORKERS’ COMPENSATION WCB OF NOVA SCOTIA
This Agreement made effective and entered into this day of A.D., .
BETWEEN:
WORKERS’ COMPENSATION WCB OF NOVA SCOTIA
(hereinafter referred to as “the WCB”)
OF THE FIRST PART
- and -
XXXXXXXXXXXXXXXXXXXXXXXXXX
(hereinafter referred to as “the Service Provider”)
OF THE SECOND PART
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WHEREAS the WCB wishes to retain the Service Provider for the purpose of ______________ and the
Service Provider is willing to provide those services upon the terms and conditions provided herein and
in accordance with the terms and conditions provided in the schedules attached hereto;
WITNESSETH THAT for consideration, including the mutual covenants and Agreements herein contained,
the parties hereto covenant and agree as follows:
1. SERVICES
1.1 The Service Provider shall, during the period commencing on the ______day of ________________ , 200__, and ending on the ______day of ______________, 200__, provide the services outlined herein and in Schedule “A” attached hereto.
1.2 The Service Provider shall provide the service under the direction and always to the satisfaction of the WCB.
1.3 The parties may modify any of the terms of this Agreement (including payment) upon the mutual, written consent of both parties obtained in advance. Notwithstanding the foregoing, the Service Provider recognizes that the WCB may, from time to time, adopt formal processes or recommendations that may apply to the services provided herein. While this Agreement is in effect, the WCB warrants that any approved processes or recommendations which may affect the services provided herein, will immediately be conveyed to the Service Provider in writing and will form part of this Agreement.
1.4 When any work or services are required to be done under this Agreement by the WCB, it may be done by anyone duly authorized to act on the WCB’s behalf.
1.5 The work of the Service Provider shall be overseen by the WCB’s _________________________(or designate).
1.6 The WCB and the Service Provider recognize this Agreement concerns contracted time-limited work and does not entitle the Service Provider to any of the benefits that are offered to employees of the WCB.
1.7 The Service Provider warrants that unless explicitly modified within the body of this Agreement, or in the Schedule(s) or Appendices attached hereto, services shall be
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delivered in accordance with the Service Provider’s statements and warranties as set out in its Submission in Response to the WCB’s Request for Proposal No. 2019-009. The parties acknowledge that copies of both the aforementioned documents are in the possession of each party.
1.8 The parties agree that if issues arise under this Agreement that cannot be resolved by
mutual communication, the parties will address such matters in the following manner:
(a) Matters pertaining to the construction of the agreement, amendments, interpretation of the agreement, fees, or termination will be sent to the parties directed to receive notice under section ___of this Agreement. Within ___ business days of the notice being received, a representative of each party will meet to determine whether a solution can be achieved;
(b) If no resolution to the challenges referred to in (a) above can be reached within ____ business days of the meeting also referenced therein, the parties will direct the matter to the heads of each of their organizations, or their designate, who will direct a representative to meet within ___ business days to further attempt to resolve the issues.
2. PAYMENT
2.1 The Service Provider agrees to provide the services outlined herein in accordance with the fee schedule set out in Schedule “B” attached hereto.
2.2 The Service Provider shall invoice the WCB on a ________________ basis (or as otherwise agreed to). The WCB agrees to effect payment of approved invoices within thirty (30) days of receipt.
2.3 The Service Provider shall maintain appropriate records for the services provided under
this Agreement and shall make available to the WCB such records for audit or inspection purposes from time to time as the WCB may require (see Audit – Section 6 herein).
2.4 The WCB shall not cover the cost of any expenses incurred by the Service Provider in the delivery of the required services other than those expenses allowed under this Agreement or approved in advance by the WCB’s _______________ (or designate).
2.5 The Service Provider agrees to be solely responsible for all tax and income-related
remittances and will indemnify the WCB for responsibility for same.
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3. TERM OF AGREEMENT
3.1 Term of this Agreement shall be as defined in Paragraph 1.1 of this Agreement.
3.2 Notwithstanding article 3.1, this Agreement may be terminated before the end of the agreement period in accordance with article 9 herein (Termination)
3.3 Completion by the Service Provider of the services outlined in article 1 or termination of the Agreement by the WCB in accordance with article 3.2 shall in no way relieve or be deemed to relieve the Service Provider from any ongoing duties, obligations or liabilities which may arise from this Agreement, including but not restricted to those set forth in articles headed Confidentiality, Liability, Insurance and Audit
3.4 The parties hereto may, by mutual consent, extend this Agreement by each giving written notice of an intent to do so on or before the termination date defined in paragraph 1.1 of this Agreement.
4. CONFIDENTIALITY
4.1 The Service Provider acknowledges that the WCB is bound by the terms of s. 192 of the Workers' Compensation Act, S.N.S., 1994-95, c.10, the Freedom of Information and Protection of Privacy Act, S.N.S. 1993, c. 5, the Personal Information International Disclosure Protection Act, S.N.S. 2006, c. 3, the Privacy Review Officer Act, S.N.S 2008, c.42, and Canada’s Anti-Spam Legislation (CASL) titled: An Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic means of Carrying out Commercial Activities and to amend the Canadian Radio-Television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C., 2010, c. 23, and agrees to abide strictly by the terms of these and any other applicable laws respecting the collection, use and disclosure of personal information, confidential or sensitive information, and other information, including information touching on claims for compensation and claimants' right to privacy, that the Service Provider could become exposed to in the provision of services under this Agreement.
4.2 The Service Provider further agrees that:
(a) no information arising, obtained or compiled in connection with the performance of this Agreement will be released to any third party without the prior written consent of a manager of the WCB;
(b) any information arising, obtained or compiled in connection with the performance of this Agreement by the Service Provider shall be used solely for the purpose of performing this Agreement and shall not be used for any other reason whatsoever;
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(c) the improper or unauthorized use or release of any information arising, obtained or compiled in connection with the performance of this Agreement, as determined by the WCB, by the Service Provider shall be a basis for immediate cancellation of the contract by the WCB;
(d) the WCB will immediately be informed of any request to the Service Provider for release of information involving this Agreement;
(e) the Service Provider will notify the WCB prior to storage or a request for release of WCB information outside of Canada.
(f) the Service Provider will use adequate safeguards to protect information arising, obtained or compiled in connection with the performance of this Agreement from inadvertent disclosure and will inform the WCB immediately of any accidental or unauthorized use or disclosure of personal information; further, if the Service Provider is an entity regulated by the Personal Information Protection Electronic Documents Act S.C. 2000, c. 5 (PIPEDA), unless specifically exempted by the Governor in Council of Canada as per Part I of PIPEDA and written proof of exemption is provided to the WCB, the Service Provider acknowledges and agrees that in connection with the performance of this Agreement:
(i) The WCB will not be responsible for payment of any portion of a fine issued under the authority of section 10.1 of PIPEDA on the Service Provider for its failure to either: (a) report a breach of security safeguards (“breach”) to the Federal Office of the Privacy Commissioner (OPC) or affected individuals of a breach that poses a real risk of significant harm as defined in section 10.1(7) of PIPEDA (b) maintain a record of all breaches;
(ii) The Service Provider will indemnify the WCB for reasonable expenses (including legal
fees) incurred by the WCB as a result of either an individual or the OPC being notified of a breach attributable to the Service Provider;
(iii) The Service Provider will indemnify the WCB for any judgments or awards issued against
the WCB (via the establishment of any privacy torts or otherwise), jointly with and/or severally from the Service Provider, which judgments or awards ultimately result from a breach attributable to the Service Provider;
(iv) The Service Provider agrees it has appropriate policies and protocols in place with respect to: (a) security of WCB information; (b) retention of records relating to any potential or respected breaches; and (c) reporting of any potential or suspected breaches; and if requested by the WCB, will provide the WCB with such policies and protocols and/or breach reports provided to the OPC by the Service Provider as attributable to the services performed under this Agreement in the manner and
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timeframe requested;
(v) Notwithstanding any of the above, the Service Provider will notify the WCB immediately (and prior to notifying the OPC or a potentially affected individual) of any potential breach or any breach that could potentially give rise to a real risk of significant harm to provide the WCB an opportunity to: (a) determine whether the breach does pose, or potentially poses a real risk of significant harm to the WCB or affected individuals and (b) mitigate the risk so that the potential or real risk of significant harm does not exist/occur and the need for the Service Provider to report the breach to the OPC and/or affected individuals in the first place is eliminated.
5. INDEPENDENT CONTRACTOR
It is understood and agreed that this Agreement is a contract for the performance of a service and that the Service Provider is engaged as an independent contractor and neither it, its servants or agents are, nor shall be deemed to be employees, servants or agents of the WCB.
6. AUDIT
6.1 Both parties acknowledge and agree that they will, respectively, maintain appropriate accounting records as are applicable to the fees and expenses charged for the services anticipated under this Agreement and shall make available to the other party such records for audit purposes as that other party may reasonably require.
6.2 Upon receipt of a written request from the other party, (or its contracted service provider for internal or external audit purposes), the party subject to such an audit, shall within 10 (ten) business days, provide the other party copies of files, data, correspondence, books and other records prepared or obtained in the performance of this Agreement for the purpose of conducting an audit of the fees and expenses charged for the Services. The information shall be made available for up to 2 (two) years after expiration or termination of this Agreement
7. LIABILITY
7.1 The WCB shall not be liable for any injury or damage (including death) to any person or for the loss of damage to the property of the Service Provider in any manner based upon, occasioned by or in any way attributable to the Service Provider's services provided under this Agreement other than to the extent that such injury, loss, or damage is caused directly by the negligence of an officer or servant of the WCB while acting within the scope of their employment.
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7.2 The Service Provider shall use due care in performing the services contemplated under this Agreement. The Service Provider shall not be liable for any indirect or consequential damages related to the services performed under this Agreement unless such damages are caused by the negligence of the Service Provider or its employees, servants or agents.
7.3 The Service Provider agrees to indemnify and hold harmless the WCB from any and all claims for injury, damages or loss arising in any manner based upon, occasioned by or in any way attributable to the Service Provider's services to the WCB provided for herein, or for any misrepresentation or breach of any warranty, agreement, covenant or obligation of the Service Provider herein, including, without limitation, all of the WCB’s reasonable out of pocket costs and reasonable legal fees and disbursements.
7.4 The Service Provider agrees to have in place and maintain a policy of insurance listing the WCB as a named insured and to provide proof of such coverage to the WCB upon request. Such coverage will be for an amount not less than $5,000,000.00 (five million dollars in Canadian funds) per occurrence inclusive, which will include coverage for occurrences of bodily harm, personal injury, property damage and/or privacy related damages. The Service Provider will provide the WCB with ten (10) days advance written notice of cancellation or material change to this policy of insurance.
7.5 The Service Provider warrants that it has and will continue, throughout the term of this Agreement, to comply with all applicable obligations under the Occupational Health and Safety Act of Nova Scotia and that it has a safety record, which, at a minimum, is consistent with industry standards. The Service Provider agrees to only use subcontractors with the same or higher level of compliance with occupational health and safety standards as does the Service Provider.
7.6 The Service Provider warrants that it now possesses, and is in good standing under, all permits, licenses, designations, consents, approvals, and other requirements that are necessary or desirable for the Service Provider to undertake the services provided for herein, and that all such permits, licenses, designations, consents, approvals, and other requirements shall remain in good standing for the term of the Agreement. Changes to such standing will be conveyed to the WCB immediately.
8. PERFORMANCE
The Service Provider shall faithfully, honestly, and diligently provide services to the WCB during the period of this Agreement.
9. TERMINATION OF THE AGREEMENT
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9.1 This Agreement may be terminated by the WCB giving 14 calendar days’ written notice of termination to the Service Provider.
9.2 In the event the WCB elects to terminate this Agreement under this provision, the obligations of the WCB to make payments to the Service Provider shall continue for services performed up to and including the date of termination but do not continue beyond that time period. The WCB will also continue to be obligated to make payment on outstanding invoices for services performed up to and including the date of termination of this Agreement.
9.3 Notwithstanding Article 9.1, the parties may terminate this Agreement by written notice to another to take effect immediately:
(i) in the event that the other party becomes insolvent or bankrupt or makes an assignment
for the benefit creditors or receivers appointed of its business, or voluntary or involuntary petition in bankruptcy is filed or proceedings for the reorganization or winding up of the Service Provider are instituted;
(ii) on the breach by the other party of its obligations under this Agreement;
(iii) on the wilful misconduct or neglect of duty by the Service Provider or any of its servants, agents, or employees.
(iv) On failure of the WCB to provide reinstatement notice pursuant to provisions of Section 17.3
10. PRODUCTS OR SERVICES TO BE DELIVERED
Under this Agreement the Service Provider shall supply the services as referred to in this agreement and in Schedule "A" attached hereto to the WCB, and these items shall conform to the format and standards established by the WCB during the course of the Agreement and conveyed to the Service Provider by notice.
11. ASSIGNMENT
The Service Provider shall not assign or sublet this Agreement or any part thereof without the written permission of the WCB obtained in advance.
12. NOTICES
All notices under this Agreement shall be deemed duly given: upon delivery, if delivered by hand; or three days after posting if sent by registered mail, receipt is required; to a party hereto at the address set forth herein or to such other address as designated by a party by notice pursuant hereto. Nothing in this section shall prevent notice from being given by any other means. Address for service of notices is:
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The WCB:
The Service Provider:
13. COPIES
In the event of termination of this Agreement or of the completion by the Service Provider of the services outlined in article 1, the Service Provider shall deliver to the WCB all materials including, but not restricted to, all research, reports, papers, tapes, slides, films, photographs, audio-visual material, and all input data or other information submitted to the Service Provider or developed by the Service Provider in the performance of this Agreement, whether in draft or completed form.
14. RIGHTS IN DATA
14.1 All research, data, reports, papers, material, audio-visual material and information forming part of or produced in the performance of this Agreement (and specific to the WCB) and all copyrights thereto, and all patents, trademarks and industrial designs arising therefrom, are the property of the WCB, and are hereby assigned by the Service Provider to the WCB. The parties agree the intellectual property rights in pre-existing materials and information belonging to the Service Provider shall remain with or vest in the Service Provider and shall not be shared with any party by the WCB unless prior written consent of the Service Provider is obtained. The Service Provider shall not divulge, release or publish any such research, reports, papers, material, audio-visual material or information which form the final product delivered to the WCB, or any part thereof, without first having obtained the written consent of the WCB.
14.2 The WCB reserves the right to publish or release in whole or in part, to publish an
amended version and not to publish or release at all, or to use or not use as the WCB may deem fit, any research, reports, material, audio-visual materials, or information produced in the performance of this Agreement which form or are part of the final product delivered to the WCB by the Service Provider with the exception of any third party software. The Service Provider, however, upon full and final payment, shall grant to the WCB a non-exclusive, royalty-free, worldwide, perpetual, non-transferable license to use, for the WCB’s internal business purposes, any Service Provider technology contained in the final product or information delivered to the WCB.
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15. TIME SHALL BE OF THE ESSENCE
Time shall be of the essence of this Agreement, provided that any agreed time frame for completing any of the work of the Service Provider, its employees or agents that has been or is likely to be delayed may be extended at the WCB's discretion if the other terms of this contract are satisfied.
16. FORCE MAJEURE The Service Provider shall not be liable for any delays or failure in performance under this
Agreement caused by conditions beyond its reasonable control or without its fault or negligence. Such conditions include the following: acts of God or the public enemy; civil war; insurrections or riots; fires; floods; explosions; earthquakes or serious accidents; unusually severe weather; epidemics or quarantine restrictions; governmental priorities or allocation regulations or orders affecting materials, labour, equipment and facilities; fuel shortages; freight embargoes; strikes or labour troubles causing cessation, slowdown or interruption of work; and other similar events.
17. SUSPENSION
17.1 The Board may at any time during the term of this Agreement, at the Board's sole discretion suspend performance of the Services or any part thereof, by providing a written notice of suspension to the Service Provider (such period of suspension is a "Suspension Period").
17.2 Where a Suspension Period is less than 30 days, the Service Provider will retain its personnel on existing terms and the Services will be resumed by the Service Provider on a date specified by the Board. Where a Suspension Period is more than 30 days, the Board may at its sole discretion, ask the Service Provider to reduce the Service Provider’s personnel. Any Service Provider obligations affected by such reduction, in the Board’s sole discretion, will be suspended during this time period unless otherwise directed by the Board. The work shall be resumed by the Service Provider on a date specified in a reinstatement notice provided to them by the Board, however, such reinstatement date shall not be earlier than 14 days from delivery of the reinstatement notice provided by the Board. In any event, such reinstatement period will not exceed 30 days and any pre-approved personnel replacement will be subject of advance approval by the Board. Any of the Agreements Delivery Dates that are impacted will be adjusted to accommodate the period from delivery of the Board’s suspension notice until full reinstatement of the Service Provider’s team.
17.3 Excluding any suspension caused by Force Majeure, if the period of suspension continues for more than 90 cumulative days, the Service Provider may give the Board notice that it intends to terminate the Agreement. If the Board does not issue a reinstatement notice within 14 business days of receiving such notice, the Service Provider may terminate this Agreement pursuant to provisions of Section 9.3 (iv) of the Agreement
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17.4 In no event shall the Service Provider be entitled to any increase to the amount agreed in Section XX of the SOW for loss of profits, loss of opportunity or damages caused by such suspension or reinstatement order
18. TITLE AND ACCEPTANCE
Except as otherwise provided in this Agreement, title to the product defined herein and in Schedule "A" attached hereto or any part thereof, shall vest in the WCB upon delivery to and acceptance by the WCB. Upon any payment being made on account of materials, parts, work in process, or finished work, title to the goods and services so paid for shall vest and remain in the WCB, and the Service Provider shall be responsible therefore, it being understood and agreed that such vesting of title in the WCB shall not constitute acceptance and shall not relieve the Service Provider of its obligations to perform the work in conformity with the requirements of this Agreement.
19. DELAYS
19.1 In each event of delay the Service Provider will immediately notify the Board in writing of the cause of delay and the new anticipated date of completion of the Services. Such notification, however, shall not in any way relieve the Service Provider’s obligation to make every reasonable endeavor to overcome all delays and shall not release the Service Provider from its obligations under provisions of the SOW governed by this Agreement.
19.2 Notwithstanding any notification herein, in any event of a delay which is not attributable to the Board , the Board will be entitled to claim and Service Provider agrees to pay, liquidated damages at amount of half percent (0.5%) of the value of the Agreement for each day of delay. The Service Provider shall not be liable to pay any liquidated damages exceeding fifteen percent (15%) of the total value of the Agreement.
19.3 Notwithstanding any notification of delay, if the completion date agreed on between the parties in the SoW is delayed due to any deficiency, and such delay is not attributable to the Board, the Service Provider shall pay the Board liquidated damages provided herein for any period of time required to the Service Provider to remedy the deficiencies, beyond the date for the completion of the services as set out in the original Agreement.
19.4 Payment of liquidated damages shall constitute the sole remedy of the Board and the Service Provider’s exclusive liability with respect to claims due to delays in provision of the Services in the Agreement.
19.5 Service Provider shall have sixty (60) days to pay the liquidated damages, upon the receipt of written request by the Board. The Board, at its sole discretion, may set-off the liquidated damages against any amounts owed by it to the Service Provider. If any dispute arises as a result of such offset or under any other provision of this Section 19.5, this dispute shall be governed by provisions of Section 1.8 (Dispute Resolution)
20. ENTIRE AGREEMENT
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This Agreement and the Schedules attached hereto or referred to herein constitute the whole Agreement between the parties unless otherwise stated herein or duly modified in writing and signed by both parties. No representation or statement not expressly contained herein shall be binding upon either party.
21 GOVERNING LAWS
This Agreement shall be construed and interpreted in accordance with the laws of the Province of Nova Scotia and the parties hereby irrevocably submit to the jurisdiction of the courts of the Province of Nova Scotia.
22. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute a consent to, a waiver of, or excuse for any different or subsequent or a continuation of the same breach unless expressly stated.
23. PARTIAL INVALIDITY
If any term or provision of this Agreement shall be found to be illegal or unenforceable, notwithstanding, this Agreement may, at the WCB's option, remain in full force and effect and such term or provision shall be deemed removed from the Agreement and the remaining provisions forming a valid agreement.
24. DEFINITION OF SERVICE PROVIDER
References to the Service Provider shall include employees, servants and agents of the Service Provider, independent contractors to the Service Provider and employees, servants, agents and independent contractors of assignees if the Agreement or its performance is assigned.
25. POLICIES
The Service Provider shall comply with any applicable procedures and policies of the WCB as they may be, from time to time, conveyed to the Service Provider.
26. AUTHORITY
The signatories of this Agreement hereby personally warrant that they have the full power and authority to enter into this Agreement on behalf of their respective principals and that the person signing this Agreement on behalf of each has been properly authorized and empowered. Each party further acknowledges that it has read the Agreement, understands it, and agrees to be bound by it.
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27. NON-SOLICITATION
The Service Provider shall not hire or attempt to hire any employee(s) of the WCB during the term of this Agreement and for a period of 6 (six) months thereafter.
28. WCB PREMISES & SUPERVISION
28.1 The Service Provider acknowledges and agrees that while access is granted to any WCB premises by the Service Provider or its employees, agents or contractors which is necessary for the performance of the services under this agreement: (a) access is only permitted to the areas which are specifically authorized by the WCB and
conveyed to the Service Provider; (b) access is only permitted during the normal business hours of the WCB’s premises in
question unless otherwise previously authorized by the WCB in writing; (c) the Service Provider will observe all the WCB’s security requirements and measures in
effect at any WCB premises to which access is granted which the WCB may convey or forward to the Service Provider from time to time;
28.2 The Service Provider has been provided with a copy of the WCB’s indoor air quality
policy and agrees to adhere to and comply with the provisions therein while working on any of the WCB’s premises. Further, the Service Provider will insure that its resources (including subcontractors) who are authorized to perform work pursuant to this Agreement are aware of, understand and comply with the provisions of the policy. The Service Provider acknowledges and agrees that the WCB has the right to request any individual in contravention of the policy to remove the scented product or substance and/or leave the premises.
28.3 The parties agree that the WCB has the right to appoint, from time to time, a responsible officer or employee for the purposes of supervising the Service Provider’s employees assigned to perform any services under this Agreement.
28.4 The Service Provider also agrees that the WCB has the absolute right to terminate the use of and request the Service Provider to replace any employee of the Service Provider assigned to the WCB under this agreement who does not, in the sole opinion of the WCB, meet the WCB’s requirements.
29. EFFECTIVE DATE
This Agreement shall take effect as it has been executed by both parties on the day of , 20__.
30. SPECIAL CONDITIONS
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If applicable, the Service Provider agrees to maintain workers' compensation coverage throughout the term of this contract for every person in their employ and shall ensure any agents used by them are also covered by workers compensation and to pay all workers' compensation assessments as they become due.
31. ENURING EFFECT
This Agreement shall enure to the benefit of and be binding upon the parties’ respective heirs, executors, administrators, successors and permitted assigns.
32. HEADINGS
The headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of the Agreement or any provision of it.
IN WITNESS WHEREOF the WCB and the Service Provider have caused this Agreement to be executed by their respective officers duly authorized in that behalf on the dates hereinafter set forth
WITNESSED BY: DATED AT Halifax, Nova Scotia
this _______ day of ________, A.D., 20____
_____________________________ _________________________________
Witness Per:
For the Service Provider
DATED AT , Nova Scotia
this _______ day of ________, A.D., 20____
____________________________ _________________________________
Witness Per:
Workers' Compensation WCB of NS
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APPENDIX B: NON DISCLOSURE AGREEMENT
BETWEEN:
WORKERS’ COMPENSATION BOARD OF NOVA SCOTIA
(the "Board")
OF THE ONE PART
- And -
(The "Proponent")
OF THE OTHER PART
WHEREAS the the Proponent is submitting a proposal in response to the Board’s RFP Num XXXXX
(“RFP”).
AND WHEREAS the Board for the purpose of preparation of such proposal agreed to share additional
information, which may involve disclosure by the Board of Confidential Information (as hereinafter
defined),
THEREFORE WITNESSETH THAT in consideration of the covenants and agreements herein contained, the
Proponent agrees as follows
1. The Proponent acknowledges that the Board is bound by the terms of s. 192 of the Workers' Compensation Act, S.N.S. 1994-95, c.10, the Freedom of Information and Protection of Privacy Act, S.N.S. 1993, c. 5, the Personal Information International Disclosure Protection Act, S.N.S. 2006, c. 3, the Privacy Review Officer Act, S.N.S. 2008, c. 42, and Canada’s Anti-Spam Legislation (CASL) titled: An Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic means of Carrying out Commercial Activities and to amend the Canadian Radio-Television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C., 2010, c. 23, and agrees to abide strictly by the terms of these and all other applicable laws respecting the collection, use, transmission, storage and disclosure of privileged, personal information, confidential or sensitive information, and other information, including information touching on claims for compensation and claimants' right to privacy, that the Proponent could become exposed to during of preparation of the response to the RFP
2. In this Agreement, Confidential Information includes:
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(i) all the Board's financial, human resource, information technology, personal information and
confidential business information belonging to its customers and claimants, information,
material, data and plans, business transformation advancement program plans, strategies and
business cases, trade secrets and all other information which is of a proprietary, confidential or
secret nature of the Board;
(ii) all information of third parties provided to the Board or to which the Board has access which is
subject to confidentiality obligations in favour of third parties; and
(iii) all information about personally identifiable individuals;
in each case whether in written, graphic, verbal, electronic or other form, but excluding
information which the Proponent establishes:
(a) is within the public domain at the date of its disclosure to the Proponent or which thereafter
enters the public domain through no fault of the Proponent (but only after it becomes part
of the public domain);
(b) was, following disclosure to the Service Provider, received by the Proponent without
obligation of confidence from a third party who the Proponent reasonably believes was
lawfully in possession of such information free from any obligation of confidence.
3. The Proponent shall receive and maintain all Confidential Information with the utmost degree of
care and shall hold in strictest confidence all Confidential Information and, except as otherwise
required by law, shall not without the prior written consent of the Board, disclose any Confidential
Information to any person, except that the Proponent may disclose Confidential Information to an
employee or subcontractor of the Proponent if such person has a need to know the Confidential
Information for the purpose of preparation of the proposal and, with respect to a subcontractor, if
such subcontractor has agreed in writing to comply with the terms and conditions contained herein,
and if the Proponent has demonstrated to the Board that the Proponent has exercised appropriate
diligence to ensure that such subcontractor will comply with such terms and conditions, and such
subcontractor has been pre-approved by the Board in writing. In any event and without limiting the
other obligations of the Proponent, the Proponent shall not permit and shall prohibit such person(s)
to whom disclosure is made from disclosing or using any Confidential Information otherwise than as
permitted herein or as agreed between the parties.
4. Without limiting any of its obligations herein, the Proponent shall take all reasonable administrative,
technical and physical measures to safeguard and secure the Confidential Information in its
possession or control in accordance with current industry best practices, and, upon request from the
Board from time to time, shall immediately advise the Board of such standards in use by it to protect
Confidential Information. Without limiting the generality of the foregoing, the Proponent shall not
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store any Board claims or employer account data outside the perimeter of the Board firewall
without the prior written consent of the Board.
5. The Proponent shall immediately notify the Board in the event of a breach or suspected breach of
this Agreement or of the security of Confidential Information. Further, if the the Proponent is an
entity regulated by the Personal Information Protection Electronic Documents Act S.C. 2000, c. 5
(PIPEDA), unless specifically exempted by the Governor in Council of Canada as per Part I of PIPEDA
and written proof of exemption is provided to the Board, the the Proponent acknowledges and
agrees that in connection with the performance of this Agreement:
(vi) The Board will not be responsible for payment of any portion of a fine issued under the authority of section 10.1 of PIPEDA to the Proponent for its failure to either: (a) report a breach of security safeguards (“breach”) to the Federal Office of the Privacy Commissioner (OPC) or affected individuals of a breach that poses a real risk of significant harm as defined in section 10.1(7) of PIPEDA (b) maintain a record of all breaches;
(vii) The Proponent will indemnify the Board for reasonable expenses (including legal fees) incurred by the Board as a result of either an individual or the OPC being notified of a breach attributable to the Proponent
(viii) The Proponent will indemnify the Board for any judgments or awards issued against the Board (via the establishment of any privacy torts or otherwise), jointly with and/or severally from the Proponent, which judgments or awards ultimately result from a breach attributable to the Proponent;
(ix) The Proponent agrees it has appropriate policies and protocols in place with respect to: (a) security of Board information; (b) retention of records relating to any potential or respected breaches; and (c) reporting of any potential or suspected breaches; and if requested by the Board, will provide the Board with such policies and protocols and/or breach reports provided to the OPC by the Proponent as attributable to this Agreement in the manner and timeframe requested;
(x) Notwithstanding any of the above, the Proponent will notify the Board immediately (and prior to notifying the OPC or a potentially affected individual) of any potential breach or any breach that could potentially give rise to a real risk of significant harm to provide the Board an opportunity to: (a) determine whether the breach does pose, or potentially poses a real risk of significant harm to the Board or affected individuals and (b) mitigate the risk so that the potential or real risk of significant harm does not exist/occur and the need for the Proponent to report the breach to the OPC and/or affected individuals in the first place is eliminated.
6. The Proponent agrees that Confidential Information in its possession or control shall not be stored
outside Canada, nor shall the Proponent access or permit or cause access to Confidential
Information from outside Canada.
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7. The Proponent may only use the Confidential Information for the purpose of preparation of
response to the RFP of which this Agreement forms a part.
8. The Proponent shall not make copies of all or any part of the Confidential Information except as
otherwise approved by the Board in writing in advance of making of any such copy.
9. The Proponent agrees that the improper or unauthorized use or release by the Proponent of any
Confidential Information, as determined by the Board, may, in the Board’s sole discretion, be cause
for immediate disqualification from the RFP process (and future contract negotiations) as well as any
other action the Board may deem fit.
10. The Proponent shall immediately inform the Board of any request received for release of
Confidential Information either from within or outside of Canada.
11. The Proponent shall not refer publicly to the Board, its performance of services for the Board or its
relationship with the Board (including without limitation in any news release, advertising or
publicity) without the prior written consent of the Board.
12. The Proponent shall indemnify the Board, its directors, officers and employees, and hold them
harmless from and against any and all claims, liability, losses, damages, costs, expenses, judgments
and penalties arising out of, resulting from, based upon or incurred because of the breach or alleged
breach of this Agreement.
13. The Proponet shall, at the request of the Board, return or destroy the Confidential Information,
including all copies made, in a manner satisfactory to the Board within 30 days of such request.
Return or destruction of the Confidential Information does not terminate Proponent’s obligations
contained in this Agreement, which shall continue without limit of time.
14. The Proponent acknowledges and agrees that a breach of the provisions of this Agreement will
result in immediate and irreparable harm to the Board and the Proponent agrees that, in addition to
any damages and other remedies to which the Board may be entitled as a result of any breach, the
Board shall be entitled to an injunction or similar order from a court of competent jurisdiction
restraining the Proponent from breaching or continuing to breach this Agreement and/or addressing
any damages arising from the breach.
15. If any portion of this Agreement is determined to be invalid or unenforceable in whole or in part, the
remainder of this Agreement shall not be affected thereby and each other covenant, obligation and
agreement contained in this Agreement shall remain in full force and effect to the greatest extent
permitted by law for the benefit of the parties hereto.
16. The Proponent shall sign or execute all such other documents and do such other things as may be
necessary or desirable to fully carry out the terms and intentions of this Agreement.
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17. This Agreement may not be assigned by the Proponent without the prior written consent of the
Board.
18. This Agreement shall be interpreted in accordance with the laws of the Province of Nova Scotia and
the laws of Canada applicable therein, and the parties hereto irrevocably attorn to the jurisdiction of
the courts of the Province of Nova Scotia.
19. This Agreement shall enure to the benefit of and be binding on the Proponent, their successors and
assigns.
20. This Agreement shall become effective as of the date signed below.
21. The signatories of this Agreement hereby personally warrant that they have the full power and authority to enter into this Agreement on behalf of their respective principals and that the person signing this Agreement has been properly authorized and empowered. The Proponent further acknowledges that it has read the Agreement, understands it, and agrees to be bound by it.
IN WITNESS WHEREOF the Proponent have caused this Agreement to be executed by its respective officers
duly authorized in that behalf on the dates hereinafter set forth.
__________________________________ ______________________________
WITNESS Per:
<Company name>
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APPENDIX C: LIST OF SUPPORTING DOCUMENTATION
1. Business Intelligence Solution Architecture
2. Business Intelligence Governance & Delivery Guide
Other Supporting Documents as applicable will be provided at the Board’s sole discretion
Related Documents
