Request for Proposals Document without Integrated Agreement

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Introduction

The request for proposals process, whether mandatory or voluntary, is made up of two separate transactions. The first operation focuses on the governance of the RFP process (Contract "A") while the second operation focuses on the actual transaction for which the RFP is launched (Contract "B"). These two separate operations are governed by different legal rules which the parties often confuse.

This document provides the legal, financial and logistical framework for the RFP process (Contract “A”), without including the terms of the resulting contract (Contract “B”.) It is drafted in a way which clearly separates the RFP process and the resulting contract so as to clarify the respective purpose of each such document. Once the RFP process has run its course, the contractual relationship with the successful proponent can be launched and is fully independent from the RFP process.

Description

The Request for Proposals Document without Integrated Agreement is used to document the legal process by which a person referred to as the principal requests from other persons, known as the proponents, who can provide products and services required by the principal, in order to receive proposals from the proponents for the award of a contract. The proposals documents specify the rules according to which the request for proposals process will take place.

The principal may be a public body within the meaning of Section 4 of the Act respecting contracting by public bodies (RSQ c. C.65-1) or its representative, whether a joint purchasing corporation, an agency or an institution.

Use

We recommend the use of this RFP document without integrated agreement in two situations. When the principal, or its superior, is subject to the Act respecting contracting by public bodies and the procedures established by the Regulation respecting supply contracts of public bodies, R.Q. c. C-65.1, r.1, the Regulation respecting construction contracts of public bodies, R.Q. c. C-65.1, r.3, and the Regulation respecting service contracts of public bodies, R.Q. c. C-65.1, r.2.

First, this document may be used as part of a mandatory request for proposals, when the principal is forced by the Act respecting contracting by public bodies to proceed by request for proposals for the products, services or construction work that it requires, regardless of the method of awarding selected by the principal (price, price with an evaluation of the minimum level of quality, adjusted priced based on an assessment of quality, quality only).

Furthermore, this document can also be used as part of a voluntary request for proposals, when the principal wants to proceed by request for proposals for products, services or construction work, even though the Act respecting contracting by public bodies does not require such process given the amount of the expense involved, it being understood that the Regulation respecting supply contracts by public bodies, the Regulation respecting construction contracts of public bodies and Regulation respecting service contracts of public bodies shall apply to such situation subject to certain adjustments the principal may make (section 3 of the Regulation respecting supply contracts by public bodies, the Regulation respecting construction contracts of public bodies and of the Regulation respecting service contracts of public bodies).

This document and the terms contained therein may also be useful for a client wishing to proceed with a request for proposals by invitation, subject however to the inclusion of the required representations and warranties.

This document is the logical follow-up on the issue of a public notice which launches the public request for proposals process and must be publicized and distributed on the governmental electronic system SEAO (section 4 of the Regulation respecting supply contracts by public bodies, the Regulation respecting construction contracts of public bodies and of the Regulation respecting service contracts of public bodies).

This document must be sent to all parties involved in the process and, although there is no legislative or regulatory requirement to such effect, it is preferable to publish it on SEAO.

This document is the first step in the process of requesting proposals. This document must be made available to businesses that participate in the RFP process. The RFP document is part of a larger process, which should also be established before launching the RFP process.

This document provides the legal, financial and logistical framework for the RFP process, without including the terms of the resulting contract.

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