MANITOBA REFERENCE NUMBER: MB-MBPB-12Y-00265
ISSUING DEPARTMENT: Procurement Services Branch
DATE ISSUED: 14/08/2021
ISSUED BY: Mai Gagujas
TELEPHONE: 204 794-1338
The following is for a three (3) year agreement plus One (1) additional
one (1) year option period available for work providing Customs
Brokerage services to VARIOUS MANITOBA GOVERNMENT DEPARTMENTS. Such
Services shall consist of effecting clearance and release of goods
imported into Canada via truck freight, rail and pool car, air and
parcel post and of facilitating the export of goods from Canada. The
Services requested through this RFQ will be used to clear goods that
have not been delivered duty paid.
INFORMATION:
FOR TENDER SUBMISSION INFORMATION AND CLARIFICATION, CONTACT:
Standards Officer: Darren Derksen
e-mail: Darren.Derksen@gov.mb.ca
This procurement is subject to Chapter 5 of the Canadian Free Trade
Agreement (CFTA)
To be delivered as & when required from
September 1, 2021 TO August 31, 2024
The delivery date (if shown) is actually the end of the contract.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 31/08/2024
20,000.00 Dollar GSIN: L099CMATERIAL: 50003633
CUSTOMS BROKERAGE AND DUTY
Manitoba's GST#R107863847
As an organization, Province of Manitoba is GST exempt and all
transaction must be processed as such.
The work to be done under this contract shall consist of:
# preparing and reviewing, as applicable, the necessary import/export
entry documents such as cargo control document, invoices, customs entry
forms and any required certificates, licenses, permits or forms as may
be required to comply with the Customs Tariff Act, the Customs Act or
any other Act of the Government of Canada and the Province of Manitoba
or the government of any other country related to the import/export of
goods
# complying with procedures and regulations specified in the Customs
Act for the clearance of goods through Customs, for the calculation of
the value for duty on importation and, where applicable, the filing of
amended entries and administration of drawbacks;
# complying with procedures and regulations specified in the Customs
Tariff Act regarding imposition of Customs duties, surtaxes and tariff
quotas;
# reporting goods to Customs, declaring their nature and their value,
presenting all the required import documentation, paying duties and
taxes and releasing the goods where required;
# maintaining an account with Customs for the proper payment of
duties and taxes to facilitate expedient release of imported goods using
broker's funds;
# administering exporter's certificates of origin and presenting the
necessary documentation to allow goods to be imported
# enabling the Province of Manitoba to obtain a single shipment
release authority at one or more Customs ports;
# maintaining and submitting to the Province of Manitoba on an "as
required" basis, records and books relating to the importation cost and
value for duty, of all imported goods;
# advising promptly the named person for the Division that ordered
the material of all incoming shipments to determine a clear/not clear
status. The contact person's name will be available from the packing
slip accompanying the shipment. Once the shipment is cleared by the
contact person, he/she will give a Purchase order # and that number
should be included on all invoices and packing slips pertaining to that
shipment. Immediately following the contact person's authorization to
clear the shipment the Broker shall email a copy of the priced invoice
to the contact person;
# arranging for bonded warehouse, storage of goods imported by the
Province and transport by a bonded carrier, and for the subsequent
release of such goods if and when action is necessary or requested; and
# providing service during regular working hours, Monday to Friday,
7:00 a.m. to 5:00 p.m. (excluding Statutory Holidays) at the customs
point of importation.
Note: Any shipment(s) received that do not have sufficient information
contained on the packing slip to enable the broker to identify the
City's contact person should not be accepted and returned to the sender.
The Vendor may be requested to provide a senior staff member to perform
one or two training sessions at a Provincial facility to staff of the
Province of Manitoba on the requirements of what information is needed
to be provided in order to properly utilize the CUSTOMS BROKER Service,
at no additional cost to Manitoba. If required, the Successful Bidder
and the Province will work together to determine the scheduling,
specific content, and other details regarding the training session.
ESTIMATED VOLUMES
5 Primary user departments w/ 90-100 transaction per year through 5-6
primary vendors each.
Multiple secondary departments with unpredictable "one off" uses.
FOR EVALUATION PURPOSES PLEASE QUOTE RATES FOR THE FOLLOWING:
Transactional Fee (incl. first 10 CCI lines) Brokerage Fee for all
clearance types $______________
Additional Line Fee after 10 Per line (first 10 lines no charge)
$___________
CCRA Interface $______________
Electronic transmission to CBSA to obtain release
ANCILLARY FEES applied only when service is provided
Obtaining release through PGS (Participating Government Agency) i.e.
CFIA, Health Canada, National Resources
OGD Fee $______________
Mandatory Paper Release $______________
Applies only to paper releases when required by CBSA regulations
Paying Fees Schedule Applies where disbursement of funds is required
by broker to third party
After Hours Service Fee $______________
Applies where paper submission is required at terminal or Customs Office
after regular hours
Entry Amendments $______________if required
========================================================
QUOTATION EVALUATION:
Generally the lowest overall price of an acceptable item in accordance
with the terms & conditions of the RFQ will be awarded the order.
Quotations will be evaluated based on: Compliance of Bid, product
offered compared to product description/specifications
requested and overall quality (design, workmanship, materials etc.)as it
relates to the intended use by the Manitoba Government (Manitoba),
price, delivery, quality of the bidder's performance in past awards and
any other terms & conditions indicated on this RFQ Failure to provide
adequate information to evaluate the item offered may be cause for
rejection of your quote.
QUALITY / ACCEPTABILITY:
Any product supplied must be new, first quality.
Any product supplied which upon inspection or use, is deemed by the
using department to be unacceptable for the intended use will be
returned for modification, full credit or replacement at no cost to the
Manitoba Government or the contract may be cancelled.
Products to be supplied as specified on the contract/purchase order
Any substitutes shipped without prior written approval will be rejected
at time of delivery or held at shippers risk pending return
instructions.
USAGE REPORTS:
The vendor must provide to Procurement Services Branch an annual
contract report indicating the actual usage during each contract year.
The date and times for this report will be as requested by the
Procurement Officer, Procurement Services Branch. (Normally, this
request will be three months prior to the expiry date of the current
contract.)
The report must show:
a),,The quantity shipped by line item and the dollar values as per the
contract.
b) Individual items ordered against the contract but not listed on the
contract and the dollar values.
LIABILITY:
Manitoba shall not be liable for any injury to the Contractor, or to any
officers, employees, carriers or agents of the Contractor, or for any
damage to or loss of property of the Contractor, or of the officers<(>
,<)>
employees, or carriers or agents of the Contractor, caused by or any
way related to the performance of this contract. This does not apply if
the injury, damage or loss was caused by the wrongful or negligent act
of an officer or employee of Manitoba while acting within the scope
of his or her employment.
INDEMNIFICATION BY CONTRACTOR:
The Contractor shall use due care in the performance of its obligations
under this Agreement to ensure that no person is injured, no property
is damaged or lost and no rights are infringed. Without limiting any
other rights or remedies of Manitoba against the Contractor or any
other person, the Contractor shall be solely responsible for:
a) any injury to persons (including death), damage or loss to property
or infringement of rights caused by, or related to, the performance of
the Services or any term of this Agreement or the breach of any terms or
condition of this Agreement by the Contractor, or the officers,
employees, subcontractors or agents of the Contractor; and
b) any omission or wrongful or negligent act of the Contractor, or of
the officers, employees, subcontractors or agents of the Contractor; and
shall save harmless and indemnify Manitoba, its officers, employees and
agents from and against all claims, liabilities and demands with respect
to clauses (a) and (b) together with all costs, expenses and fees
associated therewith.
INSURANCE:
The cost of obtaining any required insurance shall be borne by the
Contractor.
The Contractor agrees to obtain and maintain, throughout the term of
the Agreement, commercial general liability insurance covering
claims for injury, death or damage to property arising out of the
Contractor or its officers, employees or agents providing Services
under the Agreement, or as a result of any negligent acts or omissions
of the Contractor or its officers, employees or agents. Such insurance
shall provide coverage of not less than 2 million dollars ($2,000,000)
per occurrence. By setting the foregoing minimum coverage<(>,<)>
Manitoba does not represent that such amount is adequate to cover all
possible claims or losses of this kind and expressly disclaims such a
representation. The Contractor acknowledges that it is solely
responsible for determining the adequacy of its insurance coverage.
WORKERS COMPENSATION NUMBER _______________
SUBCONTRACTING:
The Contractor shall not make any assignment of sub-contracting for
the execution of work tendered without notifying and obtaining the
approval of Manitoba.
GOVERNING LAWS:
Manitoba requires its suppliers to adhere to provincial labour laws
and, where businesses use sources outside of Canada, Manitoba
expects suppliers to comply with local labour laws in the country of
manufacture
TERMINATION:
1.1. Manitoba may, in its sole discretion, immediately terminate a
purchase order/contract in writing if:
a) the vendor fails to properly fulfill, perform, satisfy and carry out
each and every one of its obligations under the purchase order/contract,
or
b) the vendor fails or refuses to comply with a verbal or written
request or direction from Manitoba within three(3) days of receiving the
request or direction; or
c) the vendor become bankrupt or insolvent or liquidates; or
d) a receiver, trustee or custodian is appointed for the assets of the
vendor, or any partner thereof; or
e) the vendor or any partner thereof makes a compromise, arrangement, or
assignment with or for the benefit of the creditors of the vendor or of
that partner, as the case may be; or
f) the vendor fails to secure or renew any license or permit for the
vendors business required by law; or any such license or permit is
revoked or suspended; or
g) the vendor or any partner, officer or director of the vendor is found
guilty of an indictable offence; or
h) the vendor fails to comply with any law or regulation relating to the
employment of its employees; or
i) the vendor at any time engages in any activities or trade practices
which, in the opinion of Manitoba, are prejudicial to the interests of
Manitoba, or a department or agency thereof; or
j) there is a breach of any provision of the purchase order/contract.
k) the goods provided by the vendor are not according to the contract or
otherwise unsatisfactory; or
l) the services provided by the vendor are unsatisfactory, inadequate,
or are improperly performed; or
m) the vendor has failed to meet the delivery date indicated on the
purchase order/contract or repeatedly failed to meet the delivery lead
time, indicated on the purchase order/contract.
1.2. Manitoba may, in its sole discretion, terminate the purchase
order/contract at any time by giving at least 30 days written notice to
the vendor prior to the intended termination date. This termination may
be used for those instances where there are program changes, funding
changes, etc. All purchases by Manitoba under the purchase
order/contract are subject to and expressly conditional upon the
Legislature of Manitoba duly appropriating funds to the fiscal year in
which they are required to be paid. For the multi-year contracts the
RFQ/contract term #fiscal year# means the period commencing April 1st of
one year and ending on March 31st of the next ensuing year.
PUBLICITY, MEDIA, OFFICIAL ENQUIRIES AND ADVERTISING:
Neither the bidder nor its suppliers/vendors, employees nor consultants
shall make any public statement making reference to, or relating to the
existence or performance of the purchase order/contract in any
advertising, testimonials or promotional material without the prior
written consent of the Province of Manitoba, which shall not be
unreasonably withheld.
The provision of this condition shall apply during the extension of a
purchase order/contract and indefinitely after its expiry or
termination.
CONFIDENTIALITY:
The content of this RFQ and any other information received by the Bidder
relating to the RFQ, gained through the RFQ process or otherwise, is to
be treated in strict confidentiality. The Bidder shall not disclose any
of the information in whole or in part to anyone not specifically
involved in the preparation of the Bidder's quotation, unless written
consent is secured from Manitoba prior to the said disclosure. The
obligation of each Bidder to maintain confidentiality shall survive the
expiration or the acceptance/rejection of their quotation and/or any
resulting Contract/ Agreement(s) to supply the requirements of this RFQ.
VENDOR INFORMATION:
RIGHT TO REISSUE RFQ
Manitoba reserves the right to cancel and/or reissue the RFQ where<(>
,<)>
in Manitoba's sole opinion, none of the quotes submitted in response
to the RFQ warrant acceptance or where it would be in the best
interests of Manitoba to do so. Costs incurred in the preparation<(>,<)>
presentation and submission of a quote shall be borne entirely by the
Bidder. Manitoba shall not reimburse any bidders for any costs if the
RFQ is cancelled or reissued.
AUTHORIZED VENDOR:
Manitoba reserves the right, prior to any contract award, to secure
evidence to Manitoba's satisfaction that any bidder is the manufacturer
or an authorized distributor, dealer or retailer of the goods offered
and is authorized to sell these goods in Manitoba, Canada and upon
request will provide Manitoba with written evidence thereof.
INDIGENOUS BUSINESS STANDARD FOR "GOODS WITH RELATED SERVICES"
DEFINITIONS:
"Indigenous Business" means a business that is at least 51% Indigenous
owned and controlled and, if it has six or more full-time employees, at
least one-third of its employees must be Indigenous persons.
"Indigenous Business Directory" means a business directory of Indigenous
businesses that meet Manitoba's definition of an Indigenous business.
'Indigenous Business Standard" means terms and conditions that indicate
that Indigenous business participation is desirable but not mandatory.
"Indigenous Person" means a First Nations, Non-status Indian, Métis or
Inuit person who is a Canadian citizen and resident of Canada.
INDIGENOUS PROCUREMENT INITIATIVE:
Manitoba is committed to community economic development as a key
component of its economic strategy. It intends to develop a provincial
economy that is more inclusive, equitable and sustainable.
Procurement practices are one means that can be used to contribute to
the growth of Indigenous businesses. In that regard, Manitoba developed
the Indigenous Procurement Initiative (IPI). The objective of IPI is to
increase the participation of Indigenous businesses in providing goods
and services to Manitoba.
INDIGENOUS BUSINESS STANDARD:
Indigenous participation is desired but bids will not be disqualified if
there is no Indigenous business participation.
INDIGENOUS BUSINESS DIRECTORY:
Manitoba has established a directory of Indigenous businesses called the
"Indigenous Business Directory". This directory is a list of Indigenous
businesses (including non profit organizations and economic development
corporations) that have self declared as an Indigenous Business meeting
that definition under the IPI. It is neither comprehensive nor
exhaustive but may be a useful resource to identifying Indigenous
businesses for potential partnering or sub-contracting purposes.
Indigenous businesses not listed in the Directory may also be used.
Registration in the Indigenous Business Directory does not guarantee
certification as an Indigenous business, as business status may change;
therefore formal certification is required in the formal tender process.
Indigenous businesses are encouraged to register by contacting
Procurement Services Branch.
For further information on the Indigenous Business Directory<(>,<)>
registration forms and access to a copy of the Indigenous Business
Directory please see the following website:
http://www.gov.mb.ca/finance/psb/api/api bd.html or contact:
Manitoba Finance
Procurement and Supply Chain
6th Flr - 352 Donald Street
Winnipeg, Manitoba
General Inquiry Line
Ph: 204-945-6361
Fax: 204-945-1455
For all other general inquiries related to this tender opportunity<(>
,<)>
please contact the name of the individual(s) identified on page one of
this tender document.
INVOICING AND PAYMENT:
Subject to the following subsections, in consideration the goods
provided or delivered to the satisfaction of Manitoba, Manitoba shall
pay the Contractor an amount not exceeding the amount specified in the
successful Contractor#s bid submission.
All invoices shall be issued in writing and satisfactory to Manitoba in
both form and content. The contractor shall also provide to Manitoba
such supporting documents, vouchers, statements and receipts as
requested by Manitoba.
Manitoba shall endeavor to pay the Contractor any fees due within 30
days net after the receipt and approval of the invoice and any
supporting materials requested.
PAYMENT TERMS:
Manitoba will consider Early Payment Terms. Manitoba's standard payment
term is net thirty (30) days.
The Bidder shall specify their standard invoice term:
_____________________________
Is there any applicable discounts for early payment?
Yes _____ No _____ Initial __________
If Yes, please specify:
_____________________________________________________
Does your early payment clause appear on your invoice?
Yes _____ No _____ Initial __________
CANADIAN FUNDS:
Manitoba prefers to receive quotations in Canadian funds.
If the pricing offered is quoted in a currency other than Canadian
then the currency must be clearly identified on the quote document.
ACCOUNTS RECEIVABLE ADDRESS:
Due to our computerized accounts payable system please advise if
your invoice address (accounts receivable) is the same as the address
for orders / quotes shown above
YES ____ or NO ______
If NO provide complete details i.e. box #, street address, city<(>,<)>
province, postal code, etc.
_________________
MANITOBA'S RETAIL SALES TAX LICENSE:
Are you licensed by Manitoba Finance to collect and remit
Manitobas Retail Sales Tax
YES_____ or NO_____
If NO disregard the following paragraph.
MANITOBA'S RETAIL SALES TAX:
Is the product(s) offered subject to Manitobas Retail Sales Tax
YES____ or NO _____
If the quote consists of both taxable (T) and non-taxable ( NT) items
please indicate T or NT opposite each item offered.
YOUR QUOTATION REFERENCE # ( if applicable) _________
Proposed Delivery Address:
AS PER PO
TENDERS TO BE RETURNED TO:
**AT THIS TIME, WE ARE ONLY ACCEPTING BIDS VIA ELECTRONIC BID SUBMISSION
AT FOR TENDER SUBMISSION INFORMATION AND CLARIFICATION, CONTACT:
Darren Derksen
e-mail: Darren.Derksen@gov.mb.ca**