Date Enacted: January 15, 2008
Date Updated: May 5, 2025
1.1. To outline a procedure for Division Heads to respond to unsolicited proposals in a manner that ensures transparency, fairness, best value for the City and to provide guidance to suppliers on the submission of unsolicited proposals to the City.
2.1. An unsolicited proposal involves an offer for a new or innovative idea, goods and services submitted to the City on the initiative of a supplier for the purpose of obtaining a contract with the City with the express intent of securing a financial return for the supplier.
2.2. In addition, as per section 3.2 of the Unsolicited Proposals (the Policy), the proposal or quotation cannot be in response to a current or anticipated request for proposal or any City-initiated solicitation or program.
3.1.1. Submission Deadlines: There are no deadlines for submitting unsolicited proposals. The City accepts proposals at any time throughout the year.
3.1.2. Eligible Partners: All organizations, both private and not-for-profit, as well as individuals are eligible to submit an Unsolicited Proposal to the City. Proposals are to be evaluated solely on the merits of the submission and not the perceived suitability of the supplier.
3.1.3. Staff Guidelines: Section 3.2 of the Policy states that an unsolicited quotation or proposal is not to be considered if “it requires substantial assistance from the city to complete the proposal.”
3.1.4. To ensure that suppliers do not contravene this section, thereby invalidating the unsolicited offer, all initial inquiries relating to unsolicited proposals are to be referred to the Purchasing and Materials Management Division (PMMD) by emailing supplychain@toronto.ca. PMMD is to be the sole point of contact prior to the submission of any documentation.
3.1.5. PMMD will serve as a liaison for a potential supplier and will, as required, consult directly with the relevant Client Division(s) to coordinate the appropriate advice and guidance requested by the supplier. The assistance offered, however, must not constitute collaboration or direct support. Specifically, Division staff are precluded from engaging in the following activities:
3.1.5.1.1. acting as “sounding boards” for proposals;
3.1.5.1.2. delivering advice on project design;
3.1.5.1.3. advising on the selection of resources;
3.1.5.1.4. coordinating or participating in the collection and/or analysis of data;
3.1.5.1.5. helping to refine proposals; and
3.1.5.1.6. participating in the preparation of any documentation
The above actions are not exhaustive. In essence, any activity that is construed by the respective Division Head to have compromised the independence of the supplier’s idea will void the initiative.
3.1.6. Types of Proposals: The City seeks to partner on innovative projects that align with its mission/values and that advances the community goals of Council.
4.1.1. To streamline the review process, all proponents are to initiate the process by first reviewing the City’s Unsolicited Proposals Policy. Then, if electing to proceed, the proponent is required to submit a brief concept plan using the Unsolicited Proposals Application to supplychain@toronto.ca.
4.1.1.1. The forms incorporate the following:
4.1.1.1.1. Basic information including the proponent’s name and address, type of organization (e.g. profit, non-profit), contact information, etc.;
4.1.1.1.2. The project’s title and a summary that describes the initiative and expounds upon objectives, methods, intended outcomes, type/level of support required from the City, etc. The summary is also to clearly demonstrate how the proposal is in the public interest
4.1.1.1.3. Duration of the initiative;
4.1.1.1.4. Other funding sources (if applicable);
4.1.1.1.5. Preliminary pricing, cost estimates and financial forecasts;
4.1.1.1.6. Other supporting documentation (i.e. biographical information of key personnel, relevant past experience, references, etc.)
4.1.1.1.7. A waiver by the proponent that, as per section 4 of the Unsolicited Proposals Policy, addresses expectations with respect to ownership and confidentiality issues, including the potential application of the Municipal Freedom of Information and Protection of Privacy Act, and the assumption of risks for costs incurred; and
4.1.1.2. In completing this template, the proponent is to direct any questions and issues to supplychain@toronto.ca.
4.2.1. Upon receipt of the Unsolicited Proposal Application, PMMD will review the form and within 10 business days will inform the proponent that:
4.2.1.1. the forms are inaccurate or incomplete and that additional information is required;
4.2.1.2. the City will not pursue the initiative as it does not qualify as an unsolicited quotation/proposal (i.e. the idea resembles a current or upcoming competitive procurement that has or will be requested) or the plan does not fall within the City’s jurisdiction or mandate; or
4.2.1.3. the concept plan is eligible for consideration and has been forwarded to the appropriate Division(s) for further review.
4.3.1. The brief concept plan forms will be reviewed by the relevant Division. Upon evaluating the merits of the offer, the Division will inform the proponent, via PMMD, within 60 days of submission that:
4.3.1.1. further information is required before a decision can be made; or
4.3.1.2. The Client Division has declined the opportunity to proceed with the project for the reasons expressed; or
4.3.1.3. the Client Division Head has signed off and that a detailed proposal, with or without amendments, is requested.
4.4.1. If invited to submit a detailed quotation or proposal, the proponent will be required to enter into a “Swiss Challenge Agreement” with the City, which sets out the rules of the process and specifically addresses the extent to which the proponent’s proposal may be made public as part of the process.
4.4.2. In preparing its full proposal, the proponent is required to develop a comprehensive business plan that scopes out the preliminary information contained in the concept plan form.
4.4.3. Additional information will also be needed including:
4.4.3.1. work plans;
4.4.3.2. the delineation of risks and responsibilities;
4.4.3.3. financial analysis and forecasts (including cost comparators), etc.;
4.4.4. Please refer to section 3 of the Unsolicited Proposals Policy for the minimum informational requirements
4.4.5. In developing the detailed quotation/proposal, and to ensure that the initiative meets the needs of both parties, the proponent is permitted during this phase of the process to liaise with Client Division staff, but only through PMMD.
4.4.6. In accordance with regular procurement calls, all communication between PMMD staff and the proponent must be documented in writing and, for audit purposes, retained on file.
4.4.7. Again, since staff involvement that is found to encompass supervision or direction will disqualify the proposal from further consideration and result in the immediate termination of the process, all correspondence through PMMD is to be limited to the provision of general information and/or restricted to the resolution of issues of a general nature. Such communication may be required in order to properly inform the subsequent Request for Quotation/Request for Proposal.
4.4.8. Furthermore, this interaction will facilitate the avoidance of significant omissions in the forthcoming quotation/proposal, thereby limiting the instances of re-submission, which is authorized under section 5(e) of the Policy.
4.4.9. Upon completion of the detailed quotation/proposal, two copies will be submitted to PMMD, one of which is to be forwarded to the relevant Division. PMMD and the Division will review the full proposal and, in conjunction with the Evaluation Team articulated in sections 3 and 5 of the Policy, will assess its value against established criteria including (but not limited to):
4.4.9.1. Has the quotation/proposal been independently originated and developed by the proponent?
4.4.9.2. Does the proponent have the requisite capacity and expertise to fulfill its obligations under the quotation/proposal?
4.4.9.3. Are risks and obligations appropriately apportioned?
4.4.9.4. To what extent does the quotation/proposal of the support of affected stakeholders (i.e. the local Councilor, community groups, etc.)
4.4.9.5. Is the quotation/proposal legally feasible and does it comply with existing City regulations such as the “Fair Wage Policy?”
4.4.9.6. Has the financial impact been fully assessed and deemed to be favourable (value for money)?
4.4.9.7. Does the prospective project have any adverse social, environmental and/or economic impacts?
4.4.9.8. How is the project to be monitored post-implementation?
4.5.1. Within 6 weeks of receipt of the full quotation/proposal, a determination will be made by the Evaluation Team, together with the relevant Division, as to whether to proceed with the initiative or to reject the quotation/proposal. The decision will be communicated to the proponent through PMMD.
4.5.2. If the quotation/proposal receives a favourable assessment, the relevant Division will, as per section 6 of the Unsolicited Proposals Policy, draft a report to Council requesting authorization to proceed with the initiative.
4.5.3. Upon Council approval, the project will be subjected to “the Swiss Challenge”, a specialized procurement process that is distinct from the City’s typical RFQ/RFP procedure.
4.5.4. The Swiss Challenge process involves seeking competing counter proposals. Once the process closes, the counter proposals are appraised and the highest evaluated proposal is selected.
4.5.5. If it is determined that this successful counter proposal is superior to the original unsolicited proposal, in line with section 7 of the Policy, the original proponent will have the opportunity to match or improve on the selected competing proposal.
4.5.6. If, within 30 days, the original proponent elects to meet the terms of the successful counter proposal, it will be recommended for the award of the contract.
4.5.7. The relevant Division will then be responsible for working with the proponent to implement the initiative while keeping PMMD apprised of developments and outcomes.
4.5.8. Refer to the Conducting a Swiss Challenge procedure document for more details.
The Unsolicited Proposal Policy as adopted by Council at its meeting of June 19, 20, and 22, 2007, Report 5, Clause 6 of the Government Management Committee.
Toronto Municipal Code, Chapter 195 – Purchasing as adopted by Council at its meeting of July 20, 21 and 22, 2004, Report 5, Clause 7 of the Administration Committee.
Should you have any questions, please contact the Purchasing and Materials Management Division at supplychain@toronto.ca or call 416-397-4141.