3.4.2. Annex: Record of Agreement Template – for Public Works and Government Services Canada Clients

Remarks to the PWGSC Contracting Authority:
(Delete the instructions before forwarding to the client the completed e-mail and Record of Agreement).

1. A Record of Agreement should be used when it has been determined that the needs of the client would be best met through a contract with a Task Authorization (TA) process subject to any sector/regional operating procedures regarding its use. To that effect, the following is a TA Record of Agreement template that would formalize the administrative procedures between the client and Public Works and Government Services Canada.
2. The completed template may be sent as an email to the appropriate client and client acceptance should be received before submission of the Contract Plan and Approval (CPAA) or Procurement Plan approval.
3. An email template is provided below:

Subject:Requisition No. ___________, email TA Record of Agreement

Dear _________(Insert client name)

We considered that your requirement contained under the above subject requisition would best be met through a contract with a Task Authorization (TA) process. To that effect, the following is the TA Record of Agreement that would formalize the administrative procedures between our organizations for this requirement. A copy of the Guide to Preparing and Administering Task Authorizations for PWGSC's clients is attached.

In order to proceed with Public Works and Government Services Canada's (PWGSC) internal approval of this proposed procurement strategy, we require your department's confirmation that it agrees to the TA Record of Agreement described below, namely that it understands its roles, responsibilities and reporting requirement with respect to the proposed TA process as well as PWGSC's right to implement corrective actions if PWGSC considers that necessary.

Please confirm your understanding of the TA process described herein, by return e-mail, preferably by close of business ________(insert time and date), as a delay in responding could impact the planned solicitation release date.

Should you wish to discuss any of the items specified herein, please do not hesitate to contact me.

Yours truly,

______________(Insert name of the PWGSC Contracting Authority)

RECORD OF AGREEMENT BETWEEN

PUBLIC WORKS AND GOVERNMENT SERVICES CANADA

_______________(insert PWGSC Division name) and

__________________(Insert client name; for DND, insert DND'S division name, e.g.: D MAR P 3-5)

(hereinafter identified as the Authorized Client)

PERTAINING TO THE USE OF TASK AUTHORIZATIONS

UNDER CONTRACT NO ____________(Insert contract number)

1. Purpose
   The purpose of this document is to formalize a Record of Agreement between PWGSC and the Authorized Client regarding their respective roles and responsibilities when using the contract with task authorizations identified above (refer to the "Matrix of Roles and Responsibilities" attached hereto). It is imperative that the Authorized Client and the PWGSC contracting authority work closely together at all times during the period of the contract.
2. Period of the Agreement
   The conditions of this Record of Agreement will be in effect for the entire duration of the contract.
3. Task Authorization
   As specified in the contract (once awarded), the Authorized Client's designated authority may authorize individual task authorizations up to a limit of $______(insert amount), Goods and Services Tax (GST) or Harmonized Sales Tax (HST) extra, inclusive of any revisions to the authorized TAs. Any TA in excess of that limit or any revisions to the authorized TA that would increase the TA total value above that limit must be authorized by ________(insert, as applicable,"the Authorized Client designated authority and the PWGSC Contracting Authority" or"the PWGSC Contracting Authority") before issuance.
4. Contract Amendment Process
   The Authorized Client understands that it must not request the contractor to perform any work in excess of or outside the scope of the contract and it must not issue TAs where the cumulative value of all TAs would exceed the contract value. Any anticipated changes to the contract must be authorized, in writing, by the PWGSC contracting authority through the issuance of a contract amendment before any additional work or TA is authorized. At any time during the contract period, when there is a need to amend the contract, the Authorized Client mustinform the PWGSC contracting authority accordingly, in writing (email), and provide him/her the following:
   1. a clear and accurate rationale for amending the contract; e.g. the reason why the work cannot be completed by the contract expiry date, why there is a shortfall of funds, etc.;
   2. the cumulative value of all TAs (GST or HST extra) issued to date;
   3. the total contract expenditures (GST or HST extra) to date;
   4. the estimated price breakdown for any additional work required;
   5. the consequences of not amending;
   6. justification for the required amendment versus initiating a new procurement; and
   7. the status of the replacement procurement in the case of on-going work.
   If PWGSC determines that the contract cannot be amended, the Authorized Client will be advised accordingly. If the contract can be amended, the Authorized Client will then forward to the PWGSC contracting authority a duly signed requisition amendment ( PWGSC- TPSGC 9200).
5. Contract Management – Corrective Measures
   If there are indications that the Authorized Client is not complying with the conditions of this agreement, the PWGSC contracting authority will discuss the matter with the Authorized Client's designated representative, the contractor or both and take any of the following corrective measures, deemed appropriate:
   1. change the detail and/or frequency of the information reporting;
   2. discuss with the Authorized Client's staff responsible for issuing TAs, or with the contractor if needed;
   3. reduce any dollar limit that might have been placed on individual TAs and/or suspend or cancel the Authorized Client's authority limit for TA authorization.
   Both parties agree to comply with the conditions of this Record of Agreement. Further, it is understood and agreed that this agreement may be amended from time to time, as necessary. Except for any change resulting from a corrective measure specified in 5 (a) to (c) above, amendments will not be implemented until an amended Record of Agreement has been formalized and accepted via email by both parties.

Matrix of Roles and Responsibilities in Contracts with Task Authorizations

Roles and Responsibilities

• P = primarily responsible
• S = supporting role
• - = not applicable