MANITOBA REFERENCE NUMBER: MB-MBPB-12O-00002
ISSUING DEPARTMENT: Procurement Services Branch
DATE ISSUED: 09/02/2022
ISSUED BY: Alexandre Ricardo
TELEPHONE: 431 275-4525
The Request for Quotation (RFQ) is for the supply & delivery of
Diagnostic scanners for heavy duty equipment for use by VEHICLE AND
EQUIPMENT MANAGEMENT AGENCY (VEMA) WHO IS A SPECIAL OPERATING AGENCY OF
THE PROVINCE OF MANITOBA'S DEPARTMENT OF Manitoba Labour, Consumer
Protection and Government Services.
Submissions are requested to provide below products on an #AS AND WHEN
REQUIRED# BASIS for the period MARCH 1 2022 to FEBRUARY 28,2023 if the
option year is exercised, the Agreement will end FEBRUARY 28, 2024.
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.
NOTE:
ALL MAKE AND MODEL THAT MEETS THE TECHNICAL SPECIFICATIONS MENTIONED IN
THIS REQUEST FOR QUOTE (RFQ) WILL BE ACCEPTED
The Substitution of brands / products will only be accepted by approval
of the Parks and Resource Protection Division Wildfire Program
REPRESENTATIVE: ADAM FRASER
TELEPHONE NUMBER: (204) 918-4096 OR Adam.Fraser@gov.mb.ca.
This procurement is subject to Canadian Free Trade Agreement.
GENERAL TERMS & CONDITIONS:
Bidders must "login" to MERX to access the General Terms & Conditions
which apply to this RFQ, in addition to those shown below. After
"login" follow the links: Information -> Government Publications ->
Manitoba Terms and Conditions -> Request for Quotation.
SUBMISSION TERMS AND CONDITIONS:
The Bid MUST be signed by a representative of the Bidder with the
authority to bind the Bidder. The name and title of the representative
signing the Bid should also be printed below their signature.
Bids MUST be received at the Submission Address no later than the
closing date and time.
Vendor's e-mail address: (if available) ___________________
Quantity clarification: quantity listed contains 2 or 3 decimals.
For tender inquiries, clarification and/or additional information
regarding any aspect of the products may be sent by e-mail and to be
directed only to the individual specified below:
Karma Lama
Category Lead
Phone (204) 945 3243
E-mail karma.lama@gov.mb.ca
*BIDDERS MUST INDICATE THE BRAND NAME & PRODUCT CODE ON EACH ITEM
OFFERED (referred to appendix Form #C#). ITEMS NOT INDICATING A BRAND
NAME MAY NOT BE CONSIDERED.
*IF YOU ARE QUOTING ON AN IN-HOUSE BRAND, PLEASE SPECIFY THE
MANUFACTURER'S NAME PROVIDING PRODUCT TO YOUR COMPANY***
*BRAND NAMES SHOWN REPRESENT PRODUCTS APPROVED FOR PURCHASE TO DATE.
SOME APPROVED PRODUCTS LISTED MAY NOT BE ACCEPTABLE FOR USE AT ONE OR
MORE OF THESE FACILITIES.
*ALTERNATE BRANDS MAY BE CONSIDERED BUT MAY REQUIRE TESTING AND
EVALUATION AT ONE OR MORE FACILITIES. ACCEPTANCE OF NEW PRODUCT
BRAND(S) WILL BE AT MANITOBA'S DISCRETION.
*THE LOWEST PRICE ON ANY ITEM WILL NOT NECESSARILY BE ACCEPTED.
PLEASE NOTE:
BID PRICING MUST BE VALID FOR A MINIMUM OF 60 CALENDAR DAYS
Bidder's Quotation Reference Number: ___________ (if applicable)
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 15/03/2022
5.00 Each GSIN: N4910MATERIAL: 99667080
TOOLS, VEHICLE REPAIR, OTHER, AS DESCRIBED BELOW:
VEHICLE AND EQUIPMENT MANAGEMENT AGENCY IS SEEKING A HEAVY DUTY TRUCK
SCANNER
THE DEVICE MUST MEET OR EXCEED THE FOLLOWING MINIMUM REQUIREMENTS:
- Tablet style shop tough design featuring rubber protection and
housing
- programmable parameters to configure a fleet to definable operating
limits ie., idle shutdown, speed limit, engine rating, engine protection
shutdown and injector replacement
- diagnostics for commercial heavy-duty trucks
- Tested and licensed OEM coverage for all major systems, including
engines, transmissions, ABS, instrument cluster, emissions, SCR AND body
systems.
- Choice of power sources: internal lithium-ion battery, 120 V AC
adaptor or vehicle connector
- high resolution with minimum of a 10" daylight readable touchscreen
- Support for external printers, keyboards
- Software suites bundled by manufacturer
- NO REQUIREMENT FOR ANNUAL SUBSCRIPTION
- UPGRADABLE THROUGH WIRELESS CONNECTION (wi-fI)
- ABILITY TO Read and clear fault codes
- Access trip data to monitor vehicle and driver performance
- Access and review vehicle history reports
- tests to verify component failures and CONFIRM system operation
- Program replacement components
- Custom ECU programming configuration
- DPF Clean/Replace<(>,<)> force regen capability, Cylinder
Contribution, Injector tests, Timing, and Boost Calibration
- NO CHARGE online technical support available On the tool
- CAN / J1939 / ISO15765 # 250K, 500K, J1708, J1850 VPW, J1850 PWM,
ISO9141, KWP2000, ISO14230, ALDL, ATEC, J2411 SW-CAN, FT-CAN
- Get direct links from fault codes to step-by-step test and diagnostic
procedures, component locators and wiring diagrams with A ONE YEAR
SUBSCRIPTION TO equivalent to Repair-Connect software or better
========================================================
PURPOSE:
The purpose of this Request for Quotation (RFQ) is to identify and
evaluate Bidders and their quotation capable of meeting Manitoba's
requirements for the supply & delivery of Diagnostic Scanners for Heavy
Duty Equipment on an "as & when requested basis" for approximately a 24
month term from March 1, 2022 to February 28, 2023, unless an Option
Year is exercised for one (1) year, the Agreement will end February 28,
2024.
The Diagnostic scanners for heavy duty equipment for use by VEHICLE AND
EQUIPMENT MANAGEMENT AGENCY (VEMA) WHO IS A SPECIAL OPERATING AGENCY OF
THE PROVINCE OF MANITOBA'S DEPARTMENT OF Manitoba Labour, Consumer
Protection and Government Services.
Requested quotations should be submitted per the outlined process and
requirements and provide Manitoba with detailed features, costs and
delivery capabilities for the specified goods and/or services.
It is the intent of the Manitoba Labour, Consumer Protection and
Government Services Procurement and Supply Chain (PSC) to award this
tender to the least number of Bidders able to provide the goods and/or
services in the most convenient and cost-effective manner.
BIDDER ASSISTANCE:
The Bidder shall assign a "Dedicated Service Representative(s)" to
supply information and act as contact person through the term of the
agreement. Manitoba will assign a counterpart.
It should be clearly understood that the Bidder's service
representative(s) would deal with the assigned Manitoba contact
person(s).
Bidder shall provide contact names and telephone numbers for the
following:
Contact Person: ________________________________________________
Telephone Number: _________________ Fax Number: _________________
E-Mail Address: ________________________________________________
DEFINITIONS:
BIDDER - Refers to the person who or Company which obtains a copy of the
RFQ for the purpose of submitting a quotation to provide the goods.
CONTRACT - Refers to the Value Contract issued to the Vendor as the
award document.
MANITOBA - Refers to the Manitoba Government.
QUOTE - Refers to the quotation submitted by a Bidder in response to the
RFQ.
RELEASE ORDER - Refers to a specific Release Purchase Order document
issued by MANITOBA to the Vendor to order product from the Contract.
RFQ - Refers to the Request for Quotation document issued by Manitoba to
invite offers (i.e. prices) from Bidders.
VENDOR - Refers to the person who or Company which will provide the
goods as a successful Bidder.
SPECIAL NOTES:
Bidders to quote a single price for each item offered for duration of
contract.
NOTE:
The Substitution of brands / products will only be accepted by approval
of the VEMA REPRESENTATIVE: ADAM FRASER
TELEPHONE NUMBER: (204) 918-4096 OR Adam.Fraser@gov.mb.ca
NOTE: Manitoba reserves the right to:
1.,,Add or remove products and/or additional locations during the
contract duration.
2.,,Add or remove organizations and/or locations during the contract
duration
Bidders may quote on one or more of the approved products listed,
however, Bidders to quote only one price for each approved product
listed.
Bidders offering items which deviate from the requested pack size, case
quantity, etc. must detail the deviations on the return tender. Pricing
unit must be the same as requested (i.e. per package, per case, etc.).
If your pricing is based on a different unit than requested, you must
the clearly identify the change on that item offered.
BIDS:
Bids are requested from competing Bidders in accordance with Manitoba
policies. Manitoba reserves the right to revise/cancel RFQ's as well as
accept/reject bids either in whole or in part, whichever is in the best
interests of Manitoba. Lowest or any bid not necessarily accepted.
Bids must be submitted on the form provided unless otherwise stipulated
or as directed. Failure to complete the bid submission or include all
information and documents requested may result in rejection of a bid
submission.
All bid submissions should be prepared in a legible manner. Non legible
bids may result in rejection of your bid submission.
Bids shall be considered firm until awarded, unless otherwise indicated.
Any exchange of information with Manitoba personnel prior to the
issuance of an RFQ is not a valid response to the RFQ and shall not be
considered.
Submission of Quotation:
MERX Electronic Bid Submission www.MERX.com
FRIDAY MARCH 2, 2022.
IRREVOCABILITY OF QUOTATION:
By submission of a clear and detailed written or facsimile notice to
Manitoba, the Bidder may amend or withdraw its quotation without penalty
prior to the closing date and time. Upon closing time, all quotations
become irrevocable.
ALTERATIONS/BID REPAIR:
No bid shall be altered, amended, repaired, or withdrawn after the
specified closing date and time. Manitoba issuing the RFQ is the sole
agency empowered to negotiate or alter any term, condition or
stipulation of the bid and/or any subsequent award or event arising
there from.
QUALIFICATIONS OF BIDS:
Any terms, conditions, or stipulated qualifications on bid submission
that is contrary to, or inconsistent with the RFQ documents, may be a
cause for rejection.
Bidders are cautioned to avoid making deviations and exceptions to the
terms and conditions of the bid documents which may result in rejection
of their bid.
ACCEPTANCE OF BID CONDITIONS:
A Bidder should clearly understand, by submitting a bid agrees, that its
bid or any part of its bid is subject to the following conditions, in
addition to any other terms and conditions set out in the RFQ.
No bid will be considered from a Bidder where Manitoba, in its sole
discretion, determines that a potential conflict of interest exists. No
bid will be considered that is in any way conditional or that proposes
to impose conditions on Manitoba that are inconsistent with the
requirements of the RFQ and the terms and conditions stipulated therein.
The submission of a bid, the receipt of a bid by Manitoba and the
opening of a bid, or any one of those, does not constitute acceptance,
in any way whatsoever.
CONTRACT TERM:
To be delivered on an "as and when requested basis" for a approximately
a 12 month term: March 1, 2022 to FEBRUARY 28 2023, unless an option
year is exercised then the term will end February 28, 2024.
The delivery date (if shown) is actually the end of the contract period.
GENERAL AWARD INFORMATION:
No award may result from this RFQ process. If this RFQ process results
in an award, then Manitoba reserves the right to award any Contract/
Agreement, in whole or in part, and may accept goods and/or services
from one or more Bidders in such quantities as shall be advantageous to
Manitoba.
Pricing will be a consideration on individual items but preference maybe
given to overall pricing for groups of items consolidated for shipping
and receiving at the facility. The lowest price on any item will not
necessarily be accepted.
Volume of items will be considered. Items will be consolidated to allow
for reasonable delivery quantities.
Past performance of vendors and quality of product will be considered.
TENDER EVALUATION:
Generally the lowest overall price of an acceptable item(s) in
accordance with the terms & conditions of the RFQ may be awarded the
order. However, other factors as stipulated below (in no particular
order) will be considered when awarding a contract.
Tenders will be evaluated based on the following:
- Delivery;
- Price;
- Warranty Period and Policy;
- Product description/specifications requested;
- Quality of the Bidder's performance in past awards;
- Quality of the proposed product in past awards;
- Return & Refund Policies;
- Suitability of product offered compared to end-users needs; and
- Any other terms & conditions indicated on this RFQ.
Each product offered may be considered individually and this may result
in more than one contract awarded from this RFQ. Like items or items
that need to be compatible may be considered as a "group" for "price
comparison" and/or "award purposes".
Failure to provide adequate information to evaluate the item offered may
be cause for rejection of your quote by the Manitoba Government
(Manitoba).
The intent is to evaluate the quotations on a 1 year basis and award
contracts for the 1 year as indicated, therefore bidders should quote a
price for year 1, and Option year, however, Manitoba reserves the right
to evaluate the quotations on a 1 year, basis if required and award
contracts as such.
The lowest price on any item will not necessarily be accepted.
QUALITY/ACCEPTABILITY:
Any product supplied must be new, unused, first quality and be of
merchantable quality for sale in Canada.
All goods delivered are subject to inspection prior to delivery
acceptance. Signing of any delivery slip should not be construed as
acceptance of the product delivered. Manitoba reserves the right to
reject any product, after final inspection that does not meet the
specification or product description requested.
Manitoba reserves the right to reject any product supplied which, upon
inspection or use, is deemed by the using department to be unacceptable
for their intended use. 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 shipper's risk pending return
instructions Products rejected by the using department will be returned
to the Vendor for full credit or replacement product at no cost to
Manitoba or the contract may be cancelled.
Unless specifically requested in the RFQ, all goods supplied must be
new, current or most recent production.
Products should be delivered and packaged in a manner that is consistent
with the normal business practices of the industry.
PRODUCTS:
Any item shipped where quality is questionable will be returned to the
vendor at their expense.
Any product offered may require testing prior to acceptance. The
product offered must meet the requirements and expectations for its
intended use.
If it is your intention to offer an item, which does not meet all the
specifications / description as outlined, then you must indicate all
intended deviations or changes on the return quote.
Brand names shown represent products approved for purchase by various
facilities. Some approved products listed may not be acceptable for use
by this facility.
Bidders must indicate the brand name of all products offered. Items not
indicating a brand name may not be considered.
SAMPLE PRODUCTS:
Bidders #may be# required to provide a sample of each proposed product
as part of the evaluation process. Manitoba will notify the Bidder(s)
when samples may be required. Samples shall be supplied at no charge
and delivered FOB Destination Prepaid. Products may be tested up to and
including destruction. Failure to provide an acceptable sample will be
cause for rejection of your quote.
ALTERNATIVE PRODUCTS:
Bidders shall quote on products exactly as specified above, if possible.
Supplier catalogue numbers may be shown for reference.
Bidders wishing to quote an alternative brand/product should, if
possible, have the alternative approved by VEHICLE AND EQUIPMENT
MANAGEMENT AGENCY (VEMA)prior to submitting your quote.
If additional information is required for alternative approval contact:
ADAM FRASER
TELEPHONE NUMBER: (204) 918-4096
E-MAIL: Adam.Fraser@gov.mb.ca
If an alternative product is offered, product description (including
illustrated literature if available) and manufacturers name and product
number as well as your product reference number (if applicable) to be
shown for each item offered.
Any alternative product offered which has not been recently evaluated
and approved might not be accepted for this quote.
Have the alternative items you offered been evaluated and approved by
the end user?
Yes _____ No _____ Initial__________
If Yes , indicate approved by whom:
Name: ___________________________________________________________
Date: ___________________________________________________________
QUANTITIES:
The quantities shown are estimated volumes and are to be used for
evaluation purposes only and are not a guarantee of business.
Manitoba reserves the right to cancel any item in part or in total due
to program or funding changes, throughout the life of the contract.
Any unused portion at the end of the contract term will be considered
cancelled.
FIRM PRICING:
Bidders offering prices subject to change without notice or in effect at
time of shipment may be outright rejected. Preference will be given to
Suppliers offering firm pricing.
Bidder to quote firm pricing for each year on each line item.
Is pricing firm for each year of the contract term
Yes _____ No _____ Initial__________
Unit costs must include shipping costs free on board (FOB) to any point
identified in this RFQ. All unit prices should be to two decimal and
should be extended and totalled. In case of a mathematical error, the
unit price shall govern.
Unless otherwise stipulated in writing, all submitted pricing shall
represent the total cost to Manitoba including all duties, shipping,
crating, packing, storage, delivery and handling charges, etc.
FOB/FREIGHT:
All prices quoted to be FOB DESTINATION, Freight Prepaid and delivered
to VEMA locations in Manitoba. Unit prices shall include all necessary
charges for a total landed cost (e.g. freight, insurance, handling,
etc.).
If any charges are not included please explain in detail any/all charges
which will be extra to the unit prices quoted and will be charged on the
invoice.
VEHICLE AND EQUIPMENT MANAGEMENT AGENCY (VEMA)LOCATIONS:
1550 DUBLIN AVE
WINNIPEG MB R3E 0L4
1525 1ST STREET NORTH
BRANDON MB R7C 3B3
257 Industrial Road
DAUPHIN MB R7N 3B3
375 3rd Street E
THE PAS MB R9A 1L2
PR #302
BEAUSEJOUR MB R0E 0C0
Attn: ADAM FRASER
Is there a minimum order/shipment value for FOB Destination Freight
Prepaid and delivered pricing?
Yes _____ No _____ Initial __________
If Yes, please indicate the minimum order/shipment value
$_________________
Should an order be placed under the minimum order/shipment value, is a
delivery charge applicable?
Yes _____ No _____ Initial __________
If Yes, identify the delivery charge: $_________________________
If, however, a Delivery/Freight Charge will be extra and applied to some
or all shipments then please advise:
Delivery Charge will be extra and applied on all shipments: Yes_____
The Delivery Charge will be:
Actual Carrier Charges _____ or Flat Rate Charge _____
If Flat Rate, the charge will be $ __________ per shipment.
Bills of lading should accompany all shipments made.
DELIVERY/SERVICE QUALITY:
All deliveries shall be completed within five (5) working days from the
date of the release off the contract.
Bidders should indicate which items are normally stocked and which are
not normally stocked.
Bidder to indicate the normal delivery lead time required from receipt
of a Release off the contract for:
Stocked Items: Delivery within __________ working days
Non-Stocked Items: Delivery within __________ working days
The length of delivery time and overall service to the end user is
important and will be monitored. Failure to provide acceptable delivery
and/or service may result in the cancellation of the balance of the
contract.
RETURNS/REFUNDS:
Any product supplied deemed unacceptable by the end-user/customer will
be immediately replaced with new product/unit at no charge to Manitoba?
Yes _____ No _____ Initial __________
Manitoba requires complete details of your Return/Replacement/Refund
Policy. The Bidder shall identify the exact detail as to what is
covered in terms of responsibility for repair/replacement/refund of
product:
___________________________________________________________
___________________________________________________________
___________________________________________________________
Any/All costs associated with the return/replacement/refund of defective
products will be the responsibility of the vendor?
Yes _____ No _____ Initial __________
All defective products are requested to be replaced within five (5)
working days of notification/request. If five (5) working days is not
sufficient time for replacement, the Bidder shall state the number of
days required: __________________
Goods ordered in error by Manitoba will be returned for credit/refund.
The Vendor shall pick-up the product on their next delivery day.
WARRANTY/SUPPORT & SERVICE:
Bidders shall ensure that Manitoba receives the manufacturer's warranty
for the goods purchased.
Yes ____ No _____ Initial __________
Bidder shall indicate the warranty for each item offered.
Notwithstanding any manufacturers' warranties (which are to be supplied
where applicable), all goods must be warranted to be free of defects in
workmanship and materials for a suitable period of time consistent with
the nature of the goods.
Despite anything in the RFQ, if a defect is not corrected during the
Warranty Period within a reasonable time frame, Manitoba may reject the
goods. If the goods are rejected the Vendor must:
a) Remove the goods, at its expense and risk within a reasonable time
frame after notification that the goods have been rejected; and
b) Immediately, at Manitoba's option, either replace the goods, or if
applicable issue a credit or refund to Manitoba for all monies paid.
If the warranty period is not the same for all items offered then
indicate the warranty on a product by product basis.
Please note: During the period of the warranty offered, all labour,
transportation, parts, surcharges including shipping and brokerage will
be included. The Province of Manitoba "will not" pay additional charges
while the item(s) offered are under the above stated warranty.
Vendor to address warranty issues within 48 hours of receiving faxed
documentation from Manitoba.
Yes ____ No _____ Initial __________
Vendor must provide copy(s) of warranty documentation to Manitoba on
request, after the contract is awarded.
ORDERS/RELEASES:
Orders for items may be placed at any time during the contract period
and in various quantities. Releases off this contract will be made by
phone, fax or mail. Release Purchase orders will list the specific
items and quantities required.
The vendor shall not to ship any item until a Release off the contract
has been requested by authorized personnel referencing the awarded Value
Contract.
All the products listed on the Release Order must be delivered and
invoiced completely as one shipment with no back orders unless approved
by the departmental contact person shown on the Release Order.
INSPECTION:
Final inspection and acceptance or rejection of the goods will be made
promptly as practicable, but failure to inspect and accept or reject
goods promptly does not mean that the Manitoba Government has accepted
these goods. The Government of Manitoba reserves the right to inspect
the goods for up to 90 days after the date of delivery.
Partial acceptance of rejection of an order does not release the Bidder
from its responsibility to complete the order.
TIME IS OF THE ESSENCE:
Time shall be of the essence hereof.
ASSIGNMENT:
The Bidder shall have sole responsibility for the quality, liability,
coordination and completion of all work outlined in this endeavor.
Manitoba considers the Bidder to be the sole contact regarding all
Contract/ Agreement matters.
The Bidder shall be prohibited from assigning, transferring and
conveying, subletting or otherwise disposing of any Contract/ Agreement
of its rights, title or interest therein, or its power to execute such
Contract/Agreement without the previous written approval of Manitoba.
COST OF BID:
Costs incurred in the preparation, presentation and submission of a Bid
shall be borne entirely by the Bidder.
ERRORS AND OMISSIONS:
Bidders must advise Manitoba of any errors or omissions they find in the
RFQ document prior to closing so that the RFQ can be revised and
communicated to all Bidders.
EXTENSION AND ADDITIONAL PRODUCTS:
By written agreement between the Government of Manitoba (Manitoba) and
the Vendor, the Contract may be amended to include additional products
or locations or departments and/or the duration of the Contract may be
extended to continue past the expiry date specified above.
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.
GOVERNING LAW:
Unless the Request for Quotation specifically state otherwise, the
request for quotation, all bids, and any subsequent purchase
order/contract(s) will be construed and interpreted in accordance with
the Laws of Manitoba and where the vendor uses sources outside of
Canada, those businesses comply with local labour laws in the country of
manufacture.
The Bidder shall be in good standing under The Corporations Act
(Manitoba), or properly registered under The Business Names Registration
Act (Manitoba), or otherwise properly registered, licensed or permitted
by law to carry on business in Manitoba, or if the Bidder does not carry
on business in Manitoba, in the jurisdiction where the bidder does carry
on business and may be required to provide evidence thereof upon
request.
All RFQ's are subject to the Agreement on Internal Trade, or any other
inter-provincial agreement.
All applicable laws of the Province of Manitoba, regulations and
standards, including all Occupational Health & Safety, and Workers
Compensation requirements will govern this Request for Quotation and any
resulting purchase order/contract.
Manitoba requires its Bidders to adhere to Provincial Labour Laws, and
to declare that in bidding for the work and in entering into a purchase
order/contract, the vendor and his subcontractors conduct their
respective business in accordance with established International Codes
as they relate to Child and Forced Labour embodied in United Nations
(UN) and International Labour Organization (ILO) conventions as ratified
by Canada.
INDEMNITY:
The Bidder warrants that there are no patents, trademarks or other
rights restricting use, repair or replacement of the material furnished
or any part thereof and hereby agrees to indemnify and save harmless the
Province of Manitoba, its employees and agents from and against all
claims, demands, losses, costs, damages actions, suits or other
proceedings by whomsoever made, filed or prosecuted in any manner by
reason of such use, repair or replacement of the materials being a
violation of any patent, trademark or other right.
The successful Bidder shall indemnify and save harmless Manitoba from
and against all losses and claims, demands, actions, payments, suits,
recoveries, judgment and settlements of every nature and description
brought or recovered against Manitoba by reason of any act or omission
of the Bidder, the Bidder's agents or employees, or sub-contractors in
the performance of this contract.
INFRINGEMENTS:
Bidder warrants that Manitoba's purchase, installation and/ or use of
the goods and/or services covered hereby shall not result in any claim
of infringement, or actual infringement of any patent, trademark,
copyright, franchise or other intellectual property right.
INSURANCE:
The Bidder shall, at its own expense, effect and maintain for the
duration of its services all insurance(s) required by law. All required
insurance shall be underwritten by insurers acceptable to Manitoba.
Liens, Claims and Encumbrances:
Bidder warrants and represents that all the goods, materials and/or
services supplied shall be free and clear of al liens, claims and
encumbrances of any kind.
TERMINATION:
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.
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.
ENVIRONMENTALLY PREFERABLE PRODUCTS:
Manitoba generally awards the bid to the lowest "overall" price of an
acceptable product, however, preference may be given to products which
are 'more environmentally preferable" and support Manitoba's Sustainable
Development Procurement Guidelines.
Product pricing may be only one of the components to be considered in
the overall evaluation of "environmentally preferable products".
Examples of "Environmentally Preferable Products" are as follows:
PACKAGING: Preference may be given to products which use less
packaging, packaging containing recycled content or packaging that can
be recycled, etc. (providing the packaging still provides proper and
adequate protection to the product offered for sale). Bidders to
provide details regarding the packaging, if applicable, for each item
offered.
PRODUCTS, RECYCLED OR RECYCLABLE: Preference may be given to products
containing recycled content or which may be recycled.
Bidders to provide details regarding the percentage of "Total Recycled
Content" and "Post Consumer Waste Content", if applicable, for each item
offered.
"TOTAL RECYCLED CONTENT" means the percentage of all recycled materials
including manufacturer's trimmings, cuttings, overruns and post-consumer
waste.
"POST CONSUMER WASTE CONTENT" means the proportion of recycled material
that has been sold to a consumer and collected after their use in a
recycling program, e.g. used aluminum cans, etc.
PRODUCTS, MORE ENVIRONMENTALLY PREFERABLE: Preference may be given to
products which generally meet or exceed the above specifications and can
demonstrate satisfaction in relation to the end users requirements.
These products will be classified "more environmentally preferable"
through a recognized certification program.
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 Labour, Consumer Protection and Government Services
Procurement & Supply Chain
600 - 352 Donald Street
General Inquiry Line
Ph: 204-945-6361
email:ProcServ@gov.mb.ca
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.
Please Note:
For all other general inquiries related to this tender opportunity,
please contact the name of the individual(s) identified on page (1) one
of this tender document.
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 warranty 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 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 the Bidder is the manufacturer,
authorized distributor, dealer or retailer of the goods offered and is
authorized to sell, service and warranty these goods in Manitoba, Canada
and upon request will provide Manitoba with written evidence thereof.
Manitoba also reserves the right to secure evidence to Manitoba's
satisfaction that any Bidder is able to provide the goods or services
and to require the successful Bidder to furnish security, free of any
expense to Manitoba, to guarantee faithful performance of the contract.
The bidder warrants that there are no patents, trademarks or other
rights restricting use, repair or replacement of the material furnished
or any part thereof and hereby agrees to indemnify and save harmless the
Province of Manitoba, its employees and agents from and against all
claims, demands, losses, costs, damages actions, suits or other
proceedings by whomsoever made, filed or prosecuted in any manner by
reason of such use, repair or replacement of the materials being a
violation of any patent, trademark or other right.
CONFLICT OF INTEREST:
The bidder must take appropriate steps to ensure that neither the
bidder, nor the bidders employees are placed in a position where there
is or may be an actual conflict, or a perceived potential conflict
between the bidder, its employees and any agent or representative of the
Province of Manitoba.
The bidder shall not offer or give, or agree to give, to any agent,
employee or representative of the Province of Manitoba any gift or
consideration of any kind as an inducement or reward for doing,
refraining from doing, or for having done or refrained from doing, any
act in relation to the obtaining or execution of this or any other
purchase order/contract with the Province of Manitoba.
No agent, employee or representative of the Province of Manitoba shall
either solicit or accept gratuities, favours or anything of monetary
value from the bidder.
If the bidder has reason to believe any agent, employee or
representative of the Province of Manitoba has violated any provision of
this Conflict of Interest section, the bidder shall immediately notify t
the suspected violation by sending notice to the Director of Procurement
Services Branch, explaining the situation in full. The bidder's failure
to so notify the Director shall be a material breach of this agreement
and the Director, at his/her option, may terminate the purchase
order/contract.
DISCLOSURE OF INFORMATION:
Relative to the Freedom of Information and Protection of Privacy Act,
the Government of Manitoba reserves the right to publicly disclose
details of purchase order/contract and the prices at its discretion, or
as required by law.
PUBLICITY, MEDIA AND OFFICIAL ENQUIRIES:
Neither the bidder nor its suppliers/vendors, employees or consultants
shall make any public statement relating to the existence or performance
of the purchase order/contract 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.
CLARIFICATIONS AND AMENDMENTS TO REQUIREMENTS:
Manitoba reserves the right to amend or to clarify the RFQ requirements
and to seek clarifications or amendments from Bidders. However,
Manitoba is under no obligation to seek clarification.
FAVOURED CUSTOMER:
If during the period of the offer the Bidders offers for sale like
quality and quantity similar to customers at more favourable terms, the
current quoted price shall be immediately altered to a level that
reflects the same favourable terms.
RIGHT TO WAIVE NON-COMPLIANCE:
Manitoba reserves the right to waive any minor non-compliance with the
bid submissions at its sole discretion.
RISK OF LOSS:
Regardless of FOB Point, Bidder shall bear all risks of loss, injury or
destruction of goods and materials ordered herein which occur prior to
acceptance by Manitoba. No such loss, injury or destruction shall
release Bidder from any obligation hereunder.
UNFORESEEABLE EVENT:
An unforeseeable event is anything which is beyond the control of the
parties affected and which, by exercise of reasonable diligence by the
parties aforementioned, could not be avoided including, but not limited
to, the following: Fire; Explosion; Action of the Elements; Strikes;
Rationing of Materials; Adverse Government Decision; or Act of God.
Neither the Bidder nor Manitoba shall be liable to the other for any
delay in, or failure of, performance under the quotation due to an
unforeseeable event. Any such delay in or failure or performance shall
not constitute default or give rise to any liability for damages or
either party.
The existence of such causes of such delay or failure shall extend the
period for performance to such extent as determined by Manitoba to
enable complete performance by the Bidder provided reasonable diligence
is exercised after the causes of delay or failure have been removed.
ACCOUNTS RECEIVABLE ADDRESS:
Due to our computerized accounts payable system Bidders are to advise if
your invoice address (Accounts Receivable) is the same as the address
for orders/quotes shown above.
Yes ____ No _____ Initial __________
If No, provide complete details:
Contact Person: _______________________________________________
Address: ____________________________________________________
City/Province/Postal Code: _____________________________________
Telephone:_________________ Fax Number:____________________
E-Mail Address: ______________________________________________
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.
Bidder shall specify their standard invoice term: _______________
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.
MANITOBA RETAIL SALES TAX LICENSE:
Are you licensed by Manitoba Finance to collect and remit Manitoba
Retail Sales Tax?
Yes ____ No _____ Initial __________
If NO, disregard the following clause.
MANITOBA RETAIL SALES TAX:
Is the product(s) offered subject to Manitoba Retail Sales Tax?
Yes ____ No _____ Initial __________
If the tender 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:
VEHICLE AND EQUIPMENT MANAGEMENT AGENCY (VEMA)LOCATIONS:
1550 DUBLIN AVE
WINNIPEG MB R3E 0L4
1525 1ST STREET NORTH
BRANDON MB R7C 3B3
257 Industrial Road
DAUPHIN MB R7N 3B3
375 3rd Street E
THE PAS MB R9A 1L2
PR #302
BEAUSEJOUR MB R0E 0C0
Attn: ADAM FRASER
TENDERS TO BE RETURNED TO:
Manitoba Labour, Consumer Protection and Government Services, &
Procurement & Supply Chain
Effective immediately the Government of Manitoba will no longer be
accepting hard copy bids until further notice.
Bids shall be submitted via MERX. No other method will be permitted and
will not be considered. Offer shall be submitted no later than the
submission deadline.
Any Issue with Merx can be addressed by contacting MERX Technical
Support at 1-800-964-MERX (6379), or email merx@merx.com
