Terms and Conditions of the 2019 Accommodation Standing Offer
Government of Canada - Accommodation Program for All Employees
Table of Contents
A2.2 Standard Clauses and Conditions
A2.3 Term of Standing Offer
A2.5 Identified Users
A2.6 Additions to the list of Identified Users
A2.7 Call-up procedure
A2.8 Limitation of call-ups
A2.9 Priority of documents
A2.10 Certifications and additional information
A2.11 Applicable Laws
A2.12 Disclosure of information
A2.13 Last Room Availability (Canadian properties only)
A2.14 Statutory holidays and weekends (Canadian properties only)
A2.15 Blackout dates (Canadian properties only)
A2.16 Rate adjsutments
A2.17 Blocks of rooms (ten (10) or more rooms)
B2.1 Statement of requirement
B2.2 Standard Clauses and Conditions
B2.3 Term of contract
B2.7 Deposits, room charges and late arrivals
B2.8 Safe, clean and comfortable
B2.9 Identified User Complaints
B2.10 Loyalty programs
PART 1 - GENERAL INFORMATION
The Standing Offer is divided into three (3) parts plus the annex, as follows:
Part 1 - General Information: provides a general description of the requirement;
Part 2 2A, Standing Offer and Resulting Clauses and 2B, Resulting Contract Clauses
Part 2A - Standing Offer and Resulting Contract Clauses: includes the Standing Offer (SO) and the applicable clauses and conditions;
Part 2B - Resulting Contract Clauses: includes the clauses and conditions which will apply to any contract resulting from a call-up made pursuant to the SO.
Part 3 - The Accommodation Directory: includes information relevant to the Accommodation Directory itself.
The annex includes: Annex A - Requirement: Property Information and Rates.
Canada foresees a potential need for accommodation services during the period from January 01, 2019 to December 31, 2019; the Offeror is hereby invited to provide Canada with an offer for guest rooms or similar commercial accommodation as defined in Annex A.
In order to assist our Identified Users in renting accommodation in the most economical manner, it is the intention of Canada to:
- Solicit offers from accommodation properties in the form of daily, weekly and monthly rates for a number of different room types;
- Publish the rates that meet the criteria set out in this document in the 2019 Government Accommodation Directory for use by Identified Users on official government business travel authorized by Federal, Provincial, Territorial or other approved government organizations and paid or reimbursed from public funds in accordance with the Travel Directive.
"Identified User" or "Identified Users" includes departments, boards or agencies of the Government of Canada or Crown corporations for whom Public Works and Government Services Canada (PWGSC) also operating as Public Services and Procurement Canada (PSPC) is authorized to provide services under the Department of Public Works and Government Services Act, and that is listed on the Identified Users page, during the term of any resulting Standing Offer. These Identified Users include organizations listed at Schedules I, I.1, II, and some at Schedule III of the Financial Administration Act, R.S.C. 1985, c.F-11. Where context warrants such an interpretation, the meaning of the term may also include an employee of an Identified User. Where the Offeror has agreed to make the rates submitted in its offer available to cost-reimbursable contractors, consultants or advisors traveling on official government business in performance of their contracts, the term Identified User(s) may also include such persons.
Employees of Identified Users, when traveling on official government business in the performance of their duties, family members of Government of Canada employees when on posting or transfer status, and cost-reimbursable contractors, consultants or advisors traveling on official government business in performance of their contracts with Identified Users, are frequently required to rent guest rooms or similar commercial accommodation.
Employees of the Provincial and Territorial Governments identified on the Identified Users page are also considered as an Identified User.
PART 2 - STANDING OFFER AND RESULTING CONTRACT CLAUSES
A. STANDING OFFER
2.1.1 The Offeror agrees to fulfill the requirement in accordance with Annex A – Requirement: Property Information and Rates.
A2.2 Standard Clauses and Conditions
All clauses and conditions identified in the Standing Offer and resulting contract(s) by number, date and title are set out in the Standard Acquisition Clauses and Conditions Manual (https://buyandsell.gc.ca/policy-and-guidelines/standard-acquisition-clauses-and-conditions-manual) issued by Public Works and Government Services Canada.
2.2.1 General Conditions
2005 (2018/06/21) General Conditions - Standing Offers - Goods or Services, apply to and form part of this Standing Offer, subject to the following:
(a) Regarding Section 9 of 2005 General Conditions, “standing offer unit prices” do not include the prices offered by the Offeror in response to individual Requests for Volume Discounts. Canada will not be liable for any errors, inconsistencies or omissions in any information published regarding this series of Standing Offers. If the Offeror identifies any errors, inconsistencies or omissions, the Offeror agrees to notify the Standing Offer Authority immediately.
(b) Regarding Section 4(d), although this Standing Offer is not assignable or transferable and any purported assignment or transfer is void and of no effect, for this Standing Offer, Canada may agree (in its sole discretion) to issue a substitute Standing Offer where:
- a request to the Standing Offer Authority to issue a substitute Standing Offer is made by the original Offeror; and
- the proposed substitute Standing Offer is for the same services, on the same terms and conditions, and at the same prices then in effect in the offer submitted by the original Offeror.
2.2.2 Standing Offer Reporting
The Offeror must compile and maintain records on its provision of services to the federal government under contracts resulting from the Standing Offer. This data must include all accommodation costs, including purchases paid by Government of Canada Individual Designated Travel Card (IDTC) and Departmental Travel Expense Card (DTEC). The data provided must be for transient travel only and for bookings made by the Identified Users. The data must be aggregated and submitted on a quarterly basis to Canada as follows:
- Report #1 - 15 days following the end of March;
- Report #2 - 15 days following the end of June;
- Report #3 - 15 days following the end of september;
- Report #4 - 15 days following the end of December.
The reports will provide, as a minimum, the following information on Government usage:
- Government of Canada total number of room nights per quarter, by type of room
- Government of Canada total room night revenue per quarter, excluding taxes
These reports must be sent by e-mail or fax to:
All data fields of the report must be completed as requested. If some data is not available, the reason must be indicated in the report. If no services are provided during a given period, the Offeror must still provide a "NIL" report.
It is requested that suppliers utilize an electronic read receipt tracking method to verify delivery and acceptance of their report.
Failure to provide fully completed quarterly reports in accordance with the above instructions may result in thestting aside of the Offeror's Standing Offer and the application of a vendor performance corrective measure.
A2.3 Term of Standing Offer
2.3.1 Period of the Standing Offer
The period for making call-ups and providing services against the Standing Offer is from January 01, 2019 to December 31, 2019 inclusive.
2.3.2 Comprehensive Land Claims Agreements (CLCAs)
The Standing Offer (SO) is for the delivery of the requirement detailed in the SO to the Identified Users across Canada, including areas subject to Comprehensive Land Claims Agreements (CLCAs).
2.4.1 Standing OfferAuthority
Public Services and Procurement Canada
Traffic Management Directorate
Travel Procurement Services Division
Accommodation and Car Rental Program
140 O'Connor St, 7th Floor, Station 07021
Ottawa, Ontario, Canada
E-mail: firstname.lastname@example.org or email@example.com
The Standing Offer Authority is responsible for the establishment of the Standing Offer, its administration and its revision, if applicable. Upon the making of a call-up, as Contracting Authority, he is responsible for any contractual issues relating to individual call-ups made against the Standing Offer by any Identified User.
2.4.2 Technical Support
For technical support, please send your request to:
Contacting the above for technical support should be for technical issues that are not contractual in nature regarding the Standing Offer.
A2.5 Identified Users
The list of Identified Users authorized to make call-ups against the Standing Offer is included here.
A2.6 Additions to the list of Identified Users
Should Canada authorize the addition of new Identified Users to the list of Identified Users, the Offeror hereby offers to provide the services specified herein to the employees of such new Identified Users, under the same conditions and at the rates and prices specified herein.
Any revision to the list of Identified Users will be authorized by the Standing Offer Authority at any time prior to the expiry of the Standing Offer and will be evidenced through the issuance of an electronic communique to the offerror. The most up-to-date copy of the Identified Users list can be found at the following address: http://rehelv-acrd.tpsgc-pwgsc.gc.ca/ACRDS/preface-eng.aspx#users
A2.7 Call-up Procedures
2.7.1 The Identified Users will reserve their accommodations:
- by telephone, facsimile, e-mail, Internet and by using an automated booking tool to obtain a reservation for which a confirmation number has been provided by the Offeror, and the terms of the resulting call-up will be limited exclusively to the pertinent details of the requirements as provided by the Identified User to the Offeror.
- through representatives of the Government Travel Services Contractor (travel agent), to obtain a reservation for which a confirmation number has been provided by the Offeror, and the terms of the resulting call-up will be limited exclusively to the pertinent details of the requirements as provided by the Identified User to the Offeror; or
- through other travel services providers used by some of the Identified Users to obtain a reservation for which a confirmation number has been provided by the Offeror, and the terms of the resulting call-up will be limited exclusively to the pertinent details of the requirements as provided by the Identified User to the Offeror.
2.7.2 The Identified Users may also obtain their accommodations as a walk-in, where the Identified User will immediately obtain their accommodation on-site (if available), and the terms of the resulting call-up will be limited exclusively to the pertinent details of the requirements as provided by the Identified User to the Offeror.
A2.8 Limitation of Call-ups
Individual call-ups against the Standing Offer must not exceed CAD$9,000 in Canada, USD$9,000 in the USA, and USD$12,000 for establishments outside Canada and the United States, excluding taxes such as but not limited to: PST, GST, HST, State Sales Tax and Occupancy Tax and Destination Marketing Fees (DMF), if applicable.
A2.9 Priority of Documents
If there is a discrepancy between the wording of any documents that appear on the list, the wording of the document that first appears on the list has priority over the wording of any document that subsequently appears on the list.
- the call-up against the Standing Offer, including any annexes;
- the articles of the Standing Offer;
- the General Conditions 2005 (2018-06-21) General Conditions - Standing Offers - Goods or Services;
- the General Conditions 2010C (2018-06-21) General Conditions – Services (Medium Complexity);
- Annexe A;
- the Offeror's offer.
A2.10 Certifications and Additional Information
Unless specified otherwise, the continuous compliance with the certifications provided by the Offeror with its offer or precedent to issuance of the Standing Offer (SO), and the ongoing cooperation in providing additional information are conditions of issuance of the SO and failure to comply will constitute the Offeror in default. Certifications are subject to verification by Canada during the entire period of the SO and of any resulting contract that would continue beyond the period of the SO.
A2.11 Applicable Laws
The Standing Offer and any contract resulting from the Standing Offer must be interpreted and governed, and the relations between the parties determined, by the laws in force in Quebec.
A2.12 Disclosure of Information
In the event of a resulting Standing Offer, the Offeror agrees to the disclosure of its unit prices, property data and services by Canada, which will include posting them in the Accommodation Directory on the Internet, and further agrees that it will have no right of claim against Canada, the Minister, the Identified User, their employees, agents or servants, or any of them, in relation to such disclosure.
A2.13 Last Room Availability (Canadian Properties Only)
Offerors must be able to provide accommodation on a “Last Room Availability” basis. Reservations must be accepted for any available room of the same room type for which rates have been offered. Rooms considered superior due to their location (for example: Harbour View vs. City View) are not to be excluded. Similarly, separate rates will not be accepted for hotel and motel facilities that are part of the same property.
A2.14 Statutory Holidays and Weekends (Canadian Properties Only)
Rates will not be subject to increase at any time, such as weekends, statutory holidays or during events of a local nature such as area fairs.
A2.15 Blackout Dates (Canadian Properties Only)
Offerors are permitted up to a maximum of ten (10) days per year of their choice during which they are not be obligated to provide the rates offered in the Standing Offer.
A2.16 Rate Adjustments
Rates offered for the 2019 Accommodation Directory are considered maximum rates. Preferred suppliers that have been awarded a Standing Offer will have the option to reduce their seasonal rate offering to a maximum of five (5) times during the course of calendar year 2019, in accordance with the number of seasons of the Standing Offer and the provision the new rate is submitted with a minmum of fifteen (15) days notice of the effective date of the season to be applied. New rate will be the new ceiling rate for the season. Seasons cannot be modified during the period of the Standing Offer.
Preferred suppliers must provide their rate changes as described above, in writing, either via fax at 613-943-7967 or by email to the following address: firstname.lastname@example.org
Under no circumstances will any rate changes be accepted other than what is specified above.
Should a supplier lower its offering for a specific month, all existing reservations made prior to the rate modification must be adjusted to reflect the new lower rate offering. Should an Identified User be charged the inaccurate rate, this will be considered as an overcharge and the supplier will be obligated to credit the Identified User for the overcharge immediately.
A2.17 Blocks of Rooms (ten (10) or more rooms)
Offerors are not obligated to abide by the Terms and Conditions of this Standing Offer when an Identified User is participating in a conference/meeting/event for which a block of ten (10) or more rooms has been set aside or is being requested.
B. RESULTING CONTRACT CLAUSES
B2.1 Statement of Requirement
The Contractor must provide the services detailed in the call-up against the Standing Offer.
B2.2 Standard Clauses and Conditions
2.2.1 General Conditions
2010C (2018-06-21) General Conditions – Services (Medium Complexity) apply to and form part of the Contract.
B2.3 Term of Contract
2.3.1 Period of the Contract
The services must be rendered in accordance with the call-up against the Standing Offer.
2.4.1 Method of Payment
Upon arrival at the accommodation establishment, the establishment will request a pre-authorization from the credit card issuer used by the Identified User to ensure funds are available. Consequently, the credit card issuer will reduce the credit available by the amount authorized, that should be proportional to the length of stay, and the authorized amount will then be removed once the Identified User pays the final invoice and the accommodation establishment settles the transaction with the credit card issuer. The above process is not considered as a deposit or advance payment and is considered common industry practice.
Payments will be made upon checkout. If an Identified User has been charged with a rate that is not in accordance with the Standing Offer, the establishment must promptly refund any payment in excess of the rates quoted in the Standing Offer to the Identified User.
Upon checkout, an invoice must be submitted to the Identified User. The payment may be made by the Government of Canada Individual Designated Travel Card (IDTC), a Departmental Travel Expense Card (DTEC), a personal credit card, a debit card (Interac) or by any other means accepted by the establishment.
2.4.2 Basis of Payment and Overcharges
In consideration of being listed in the Government of Canada Accommodation Directory, the Contractor agrees to charge no more than the rate(s) quoted for the type(s) of accommodation indicated, in accordance with the terms and conditions listed herein.
The Contractor understands that the rates charged to the Identified User will be verified after payment and agrees to promptly refund the Identified User any payment made in excess of the rates quoted in the Standing Offer. As such, the Contractor must send to PWGSC a revised invoice clearly indicating the corrected rate along with a clear indication that a refund was applied to the employees’ credit card. A copy of the credit slip from the Point of Sale terminal can also be sent as proof that a credit was issued. Following PWGSCs own internal guidelines for response time, Offerors are required to provide a response to overcharge requests within five (5) business days.
The Contractor agrees not to use the name of Public Works and Government Services Canada and/or Public Services and Procurement Canada in any type of advertising media for promotion of its services. The Contractor further agrees not to advertise or to promote "Government of Canada rates" where rates submitted have not been accepted or not submitted for the 2019 Accommodation Directory.
The Contractor understands and agrees that failure to honour the rates, terms and conditions for the period of the Standing Offer may result in the removal of its establishment from the 2019 Accommodation Directory.
All confirmed reservations will be honoured. In the event that a room of the type reserved is not available at time of arrival, the property will provide an upgraded room at no additional cost. Should Canada receive a complaint from an Identified User that a property does not meet this requirement, Canada reserves the right to remove the offending property from the Directory.
For the purpose of this Standing Offer, cancellations must be accepted, at minimum, 24 hours (local time of the accommodation establishment) prior to the time of check-in of the hotel.
B2.7 Deposits, Room Charges and Late Arrivals
Deposits or any other charges must not be debited from the Identified User's credit card until the User actually checks-out.
If an Identified User cancels any reservation in accordance with Part B2.6 - Cancellations, including a reservation for late arrival, the Identified User will not be charged, by debit to their credit card, or any other manner.
If an Identified User makes reservation, including a reservation for late arrival, and does not check in and does not cancel in accordance with Part B2.6 - Cancellations, the Identified User's credit card may be debited at that time, but for no more than one night's stay at the government rate.
If an Identified User does not stay because the accommodation was not safe, clean or comfortable, the Identified User's credit card must not be debited for deposits or any other charges. It is a mandatory requirement of this Standing Offer that the accommodation provided be safe, clean and comfortable. Should the Identified User complain that a property does not meet this minimum mandatory requirement, Canada reserves the right to remove the offending property from the Directory.
Should an Identified User not stay for the full length of time they reserved, the Identified User must be charged no more than the government rate times the number of nights actually stayed. Deposits or other charges will not be debited to the Identified User's credit card for early departure.
B2.8 Safe, Clean and Comfortable
As a minimum, rates must be for the provision of safe, clean and comfortable accommodation.
B2.9 Identified User Complaints
The Accommodation and Car Rental Program, Travel Procurement Services Division, Public Works and Government Services Canada (PWGSC), will investigate complaints referred to them by the Identified Users.
PWGSC reserves the right to conduct site visits of the offending property. Suppliers are required to provide a response to complaint information requests within five (5) business days.
PWGSC also reserves the right to remove the Supplier’s facility listing from the directory should they fail to take the appropriate corrective action or fail to adhere to the terms and conditions of the Standing Offer.
B2.10 Loyalty Programs
Employees of the Government of Canada may join loyalty programs. However, employees will not be reimbursed should there be costs, over and above the room rates, to join loyalty programs.
PART 3 - THE ACCOMODATION DIRECTORY
3.1 Directory Format
The Government Accommodation and Car Rental Directory is comprised of two sub-directories: Accommodation and Car Rental. For 2019, the directory will include a link to Lanyon Hotel Directory for the Government of Canada.
The Accommodation directory consists of available facilities in Canada, the United States and foreign Countries.
From the Accommodation listings for each city, identified users are able to select an establishment and then review that establishment’s specific information on a separate page.
Identified Users are advised to review the establishment rates and accommodation information prior to making a reservation to ensure the rates are within the acceptable government Travel Directive limits. A listing of all approved city rate limits for Canada, USA, and foreign countries is available in the Preface.
3.2 Distribution of the Directory
The Government Accommodations Directory is distributed electronically on the Internet at the following Web site: Government Accommodation Directory. A link will then re-route you to the Lanyon Hotel Directory for the Government of Canada.
An automated booking tool is available to government employees to help them make their reservations. We encourage you to make your establishment's rates accessible to government employees using this online reservation service.
To ensures rates can be displayed by the Online Booking Tool, suppliers should submit your room rates to Travelport (Apollo/Galileo), the Global Distribution System (GDS) utilized by the reservation tool to search and display rates, using the rate code "GVC" to identify Government of Canada rates. The rate code “GOC” can also be used if you are on the Sabre GDS. Following are the required pseudo city codes:
- HRG - 2DN3, 2DN4, 2DN5, 2DO0, 2DO1, 2DO2 (Travelport) and B3W1 (Sabre) (IATA 6752419-2)
- AMEX - Z1C0 (Sabre)
- Carlson Wagonlit - H120 (Sabre) and 22LO (Apollo)
- Vision Travel - T2PI (Sabre)
- Yukon Government Travel - 27LL (Apollo)
Note: Establishments that use Travelport (Apollo/Galileo) must enter their Government of Canada rates into the GDS or through a third-party such as, for example, TravelClick in order to prevent any errors in rates when employess book their accommodation through the Online Booking Tool.
3.3 Source List
The Travel Procurement Services Division of PWGSC maintains a source list of suppliers of guest rooms and similar commercial accommodation in Canada, the USA and other countries around the world.
Suppliers may submit an email request to email@example.com to be added to the source list at any time throughout the year.
Each year, an RFSO to provide room rates for the Accommodation Directory for Government employees / travellers is provided to each supplier on the source list. The source list will be purged of suppliers who have not responded to the RFSO for any of the last three (3) years.
Notices advertising the existence of the source list and the proposed procurement of accommodation rates are advertised on the Government Electronic Tendering Service (GETS).
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