MANITOBA REFERENCE NUMBER: MB-MBPB-04T-00240
ISSUING DEPARTMENT: Procurement Services Branch
DATE ISSUED: 03/09/2021
ISSUED BY: Chuck Bright
TELEPHONE: 204 945-6353
The Manitoba Department of Justice - Corrections is requesting bid
submissions for the supply & delivery of miscellaneous file folder
products on an "as and when" requested basis for a 3 year term from
October 1, 2021 to September 30, 2024 with the option to extend for two
(2) one (1) year extensions.
NOTE:
Departmental Contact: Chuck Bright
Phone:(204)945-6353
Email: chuck.bright@gov.mb.ca
Please contact the individual noted above if additional information or
clarification is required on the following items.
This procurement is subject to Chapter 5 of the CFTA.
FOB/FREIGHT:
All prices quoted to be F.O.B. DESTINATION FREIGHT PREPAID, DELIVERED,
AND UNLOADED TO VARIOUS CORRECTIONAL FACILITIES AND MAIN OFFICES.
(unit prices include all necessary charges e.g. freight, insurance,
handling etc.)
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.
***BIDDERS TO INDICATE THE MANUFACTURER / BRAND NAME & PRODUCT CODE ON
EACH ITEM OFFERED. ITEMS NOT INDICATING A MANUFACTURER / BRAND NAME MAY
NOT BE CONSIDERED.
Vendor's e-mail address: (if available) ____________________
Quantity clarification - quantity listed contains 2 or 3 decimals.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 30/09/2024
320.000 Box GSIN: N7530MATERIAL: 29599
FOLDER, FILE, DOUBLE REINFORCED FULL END TAB, LEGAL SIZE, WITH 2, 2 IN
HEAT SEALED FASTENERS INSTALLED IN POSITION #1 AND #3, 14 PT WEIGHT,
COLOUR 100 PER BOX,
BRUNSWICK #3015-75R
Manufacturer / Brand Name: _________________________________
Product Code: ________________ Package Size: _________________
Post Consumer Waste Content: ___________% (if applicable)
========================================================
ITEM 20 30/09/2024
10.000 Box GSIN: N7530MATERIAL: 29604
FOLDER, FILE, DOUBLE REINFORCED FULL TOP TAB, (CUT DOWN TO 14 WIDE),
LEGAL SIZE, WITH 2, 2 IN HEAT SEALED FASTENERS INSTALLED IN POSITION #1
AND #3, 11 PT WEIGHT, COLOUR BLUE, 100 PER BOX,
BRUNSWICK #5299R
Manufacturer / Brand Name: _________________________________
Product Code: ________________ Package Size: _________________
Post Consumer Waste Content: ___________% (if applicable)
========================================================
ITEM 30 30/09/2024
320.000 Box GSIN: N7530MATERIAL: 29598
FOLDER, FILE, DOUBLE REINFORCED FULL TOP TAB, (CUT DOWN TO 14 IN WIDE),
LEGAL SIZE, WITH 2, 2 IN HEAT SEALED FASTENERS INSTALLED IN POSITION #1
AND #3, 11 PT WEIGHT, COLOUR GREEN, 100 PER BOX,
BRUNSWICK #5299R
Manufacturer / Brand Name: _________________________________
Product Code: ________________ Package Size: _________________
Post Consumer Waste Content: ___________% (if applicable)
========================================================
ITEM 40 30/09/2024
325.000 Box GSIN: N7510MATERIAL: 46080
LABEL, ALPHABETIC, TAB 1283 COMPATIBLE, POLY/TYVEK MATERIAL,
SELF-ADHESIVE, 1 IN X 1 1/4 IN (2.54 CM X 2.60 CM) IN ROLL FORM, LETTER
AS SPECIFIED, BOX OF 500 LABELS,
BRUNSWICK FILING (SYSTEM 2150/8150)
Manufacturer / Brand Name: _________________________________
Product Code: ________________ Package Size: _________________
Post Consumer Waste Content: ___________% (if applicable)
========================================================
ITEM 50 30/09/2024
4,500.00 Each GSIN: N7510MATERIAL: 99581099
OFFICE SUPPLIES, OTHER, AS DESCRIBED BELOW:
OFFICE SUPPLIES, OTHER, AS DESCRIBED BELOW:
Similar items not listed may be required from time to time and shall be
provided at a __________% discount from the specified price list:
Current ____________________
Trade ______________________
List _______________________
Wholesaler _________________
Other ______________________
========================================================
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 miscellaneous file folder
products on an "as and when requested basis" by the Department of
Justice - Correctional Facilities and Main Offices.
DURATION OF CONTRACT:
To be delivered on an "as and when requested basis" for a 3 year period
from October 1, 2021 to September 30, 2024the option to extend for two
(2) one (1) year extensions.
IRREVOCABILITY OF QUOTATION:
By submission of a clear and detailed written notice, the Bidder may
amend or withdraw its quotation without penalty prior to the closing
date and time. Upon closing time, all quotations become irrevocable.
COST OF BID:
Costs incurred in the preparation, presentation and submission of a Bid
shall be borne entirely by the Bidder.
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.
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.
TENDER EVALUATION:
Any product supplied must be new, unused, first quality.
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 criteria:
- Delivery;
- Pricing;
- Suitability of product offered compared to end-users needs:
- Product description/specifications requested;
- Quality of proposed product in past awards;
- Quality of the Bidder's performance in past awards;
- Return & refund policies; 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 by the Manitoba Government
(Manitoba).
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".
The lowest price on any item will not necessarily be accepted.
QUALITY / ACCEPTABILITY:
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 shall 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.
PRICING:
Pricing quoted is to remain firm for the duration of the contract unless
otherwise indicated by bidder.
Is pricing is firm for the duration of the contract term?
Yes _____ No _____
If No, indicate "Prices firm until" date: ______________________
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.
Should it be determined that firm prices cannot be for the term of the
agreement, consideration may be given to a price change subject to a
minimum of thirty (30) days written notification to the Procurement
Services Branch of substantiation of material cost increase/decrease
only.
Cost increase substantiation must be in the form of an original,
photocopy or facsimile of a letter from the "appropriate
manufacturer/governing body" identifying the reason for increase,
percentage increase, as well as the effective date. Any notification of
price change must reference the applicable agreement number and item
number(s).
NOTE: PRICE INCREASES SHALL NOT EXCEED THE PERCENTAGE PASSED ON BY THE
MANUFACTURER / GOVERNING BODY, AND WILL BE APPLICABLE ONLY TO THE
PERCENTAGE OF TRUE RAW MATERIAL COSTS.
Any notification of price change must reference the applicable agreement
number and line item number(s).
PRODUCTS:
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.
BIDDERS TO INDICATE THE FOLLOWING INFORMATION FOR EACH ITEM OFFERED:
,,,,A) MANUFACTURER/BRAND NAME;
,,,,B) PRODUCT CODE;
,,,,C) PACKAGE SIZE; and
,,,,D) POST-CONSUMER WASTE CONTENT (where applicable).
Items not indicating this information 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.
ALTERNATE PRODUCTS:
Alternate products may be considered but may require testing prior to
purchase. Any approved substitution must be of the same quality or
better and shall be billed at the contract price unless otherwise
authorized by the user department.
Vendors wishing to offer alternative product for future tenders are
invited to submit samples for long term testing and evaluation. All
samples become the property of Manitoba and will not be returned.
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
PRODUCT BRANDS:
Brand names, where shown, are for reference purposes only and are not
intended as endorsement of a particular product.
PAPER REQUIREMENTS:
The paper shall be:
- 18-24 LB weight;
- Acid Free;
- Process Chlorine Free (PCF).
The recycled paper shall contain:
-,,Post-Consumer Waste Content: 30% minimum and up to 100% maximum.
Paper containing virgin fiber content must be certified by one of the
following three internationally recognized forest and manufacturing
environmental certifications:
a) Forest Stewardship Council (FSC);
b) Sustainable Forestry Initiative (SFI); or
c) Canadian Standard Associations (CSA) Forest Management System.
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.
REPLACEMENT PRODUCTS: Manitoba may be interested in "replacement" or
"alternative types" of products which can be proven to be "more
environmentally preferable" compared to those products specified above.
Bidders are encouraged to provide complete details of possible
replacement products.
At Manitoba's discretion any "environmentally preferable products"
offered may be:
a),,Accepted for this tender; or
b),,Not accepted for this tender; or
c),,Not accepted for this tender but considered for suture study/use.
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 Central Services
Procurement & Supply Chain
600 - 352 Donald Street
Winnipeg, Manitoba
R3B 2H8
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.
ORDERS/ RELEASES:
The quantities shown are estimated volumes and are to be used for
evaluation purposes only and are not a guarantee of business.
Any unused portion at the end of the contract term will be considered
cancelled.
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 email by the facility. Release Purchase orders will list
the specific items and quantities required.
The vendor shall not ship any item until a Release off the contract has
been requested by authorized personnel referencing the awarded Value
Contract.
Manitoba reserves the right to change quantities on a Release Order, if
required, or to cancel an individual Release Order in part or in total
if necessitated by program changes/client demand or Vendor failing to
deliver products within tender stated time frames.
DELIVERY:
Products should be delivered and packaged in a manner that is consistent
with the normal business practices of the industry.
A packing slip must accompany each shipment. All packing slips,
exterior labeling and invoices must reference the accompanying Release
Purchase Order number.
Delivery to each of the following office & facilities:
CORRECTIONAL FACILITIES & Main Office:
Correctional Services Division
Manitoba Justice
810-405 Broadway Ave.
Winnipeg, MB R3C 3L6
Brandon Correctional Centre
375 Veterans Way<(>,<)>
Brandon, MB R7C 0B1
Headingley Correctional Centre
6030 Portage Ave.<(>,<)>
Headingley, MB R4H 1E8
Milner Ridge Correctional Centre
Prov. Bldg. 20 First St.<(>,<)>
Beausejour, MB R0E 0C0
Women's Correctional Centre
31 Routledge Ave.<(>,<)>
Headingley, MB R4H 0A9
The Pas Correctional Centre
300-3rd St. East, P.O. Box 659
The Pas, MB R9A 1K7
Winnipeg Remand Centre
141 Kennedy St.<(>,<)>
Winnipeg, MB R3C 4N5
Manitoba Youth Centre
170 Doncaster St.<(>,<)>
Winnipeg, MB R3N 1X9
Agassiz Youth Centre
2 River Road<(>,<)>
Portage La Prairie, MB R1N 3A9
DELIVERY TO CORRECTIONAL FACILITIES:
All delivery personnel (drivers, helpers, etc.) must ensure they have a
valid driver's license with photo ID with them at the time of delivery.
Yes _____ No _____
At the gate, the delivery personnel shall show (present) their driver's
license with photo ID to a correctional worker.
Yes _____ No _____
The delivery person and/or vehicle may be randomly searched.
Yes _____ No _____
Other security procedures may apply.
THIRD PARTY DELIVERIES:
If deliveries are done by a 3rd party courier company, the Vendor is
responsible to make arrangements with a company whose drivers are
"AUTHORIZED / LICENSED" and "BONDED" and meet the same delivery
requirements criteria above to make such deliveries.
FOB / FREIGHT:
All prices quoted shall be FOB DESTINATION FREIGHT PREPAID. Unit prices
shall include all necessary charges for a total landed cost (e.g.
delivery, 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.
MINIMUM ORDER REQUIREMENT:
Is there a minimum order/shipment value for FOB Destination Freight
Prepaid pricing?
Yes _____ No _____
If Yes, indicate the minimum order/shipment value $_____________
Should an order be placed under the minimum order/shipment value, is a
delivery charge applicable?
Yes _____ No _____
If Yes, identify the delivery charge: $_________________________
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 _____
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 _____
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: _________days
Failure to replace rejected goods may result in release order and/or
contract cancellation in part or whole with no obligation whatsoever to
Manitoba.
Goods ordered in error by Manitoba will be returned for credit/refund.
The Vendor shall pick-up the product on their next delivery day.
RESTOCKING CHARGES:
The Bidder shall specify any restocking charges (if applicable) should a
Release Purchase Order be cancelled by the end-user/customer:
___________________%.
The Bidder shall specify, in number of working days, the amount of
notice required to allow the end-user/customer to cancel a Release
Purchase Order without any restocking charges: ______________days.
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.
Yes _____ No _____
Partial acceptance of rejection of an order does not release the Bidder
from its responsibility to complete the order.
QUANTITY:
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.
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.
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.
CONTRACT 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 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:
Manitoba requires its suppliers to adhere to Provincial laws and where
businesses use sources outside of Canada, Manitoba expects suppliers to
comply with local labour laws in the country of manufacture.
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.
PUBLICITY, MEDIA, OFFICIAL ENQUIRIES & ADVERTISING:
The Bidder, suppliers/vendors, employees or consultants shall not 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.
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.
VENDOR INFORMATION
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.
Manitoba 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.
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.
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.
TIME IS OF THE ESSENCE:
Time shall be of the essence hereof.
INDEMNITY:
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.
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.
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.
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.
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.
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.
Manitoba certifies that the Goods/Services are being purchased under the
Agreement by the Government of Manitoba with Crown funds and are
therefore not subject to the federal goods and services tax (the "GST").
The Vendor represents and warrants that GST has not been included or
quoted in any fees, prices or estimates and covenants that it will not
include GST in any invoice provided, or claim for payment requested,
under the Agreement.
TO ASSIST IN PROMPT PAYMENT OF INVOICES PLEASE QUOTE THE RELEASE
PURCHASE ORDER NUMBER ON THE INVOICE AND ANY CORRESPONDANCE.
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 _____
If Yes, please specify:
_____________________________________________________
Does your early payment clause appear on your invoice?
Yes _____ No _____
are net thirty (30) days.
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 Bidders are to advise if
your invoice address (accounts receivable) is the same as the address
for orders/quotes shown above.
Yes ____ No _____
If No, provide complete details:
Contact Person: ________________________________________________
Address: _______________________________________________________
City/Province/Postal Code: _____________________________________
Telephone: ____________________ Facsimile: _____________________
E-Mail Address: ________________________________________________
MANITOBA'S RETAIL SALES TAX LICENSE
Are you licensed by Manitoba Finance to collect and remit
Manitoba's Retail Sales Tax
YES_____ or NO_____
If NO disregard the following paragraph.
MANITOBA'S RETAIL SALES TAX
Is the product(s) offered subject to Manitoba's 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:
Delivery to each of the following office & facilities:
CORRECTIONAL FACILITIES & Main Office:
Correctional Services Division
Manitoba Justice
810-405 Broadway Ave.
Winnipeg, MB.
R3C 3L6
Brandon Correctional Centre
375 Veterans Way<(>,<)>
Brandon, MB.
R7C 0B1
Headingley Correctional Centre
6030 Portage Ave.<(>,<)>
Headingley, MB.
R4H 1E8
Milner Ridge Correctional Centre
Prov. Bldg. 20 First St.<(>,<)>
Beausejour, MB.
R0E 0C0
Women's Correctional Centre
31 Routledge Ave.<(>,<)>
Headingley, MB.
R4H 0A9
The Pas Correctional Centre
300-3rd St. East, P.O. Box 659
The Pas, MB.
R9A 1K7
Winnipeg Remand Centre
141 Kennedy St.
Winnipeg, MB.
R3C 4N5
Manitoba Youth Centre
170 Doncaster St.<(>,<)>
Winnipeg, MB.
R3N 1X9
Agassiz Youth Centre
2 River Road<(>,<)>
Portage La Prairie, MB.
R1N 3A9
TENDERS TO BE RETURNED TO:
MERX Electronic Bid Submission www.MERX.com