MANITOBA REFERENCE NUMBER: MB-MBPB-ZZY-00055
ISSUING DEPARTMENT: Procurement Services Branch
DATE ISSUED: 03/02/2022
ISSUED BY: Darren Derksen
TELEPHONE: 204 794-3395
The Government of Manitoba (Manitoba) is requesting bid submissions from
interested Bidders/Manufacturers for the supply of Acoustic Telemetry
Equipment and/or specialties on an "as and when" requested basis for
various Manitoba Government Departments throughout the Province of
Manitoba.
This contract will allow THE PROVINCE OF MANITOBA to purchase Acoustic
Telemetry Equipment at firm contract pricing.
NOTE:
For INFORMATION or item clarification, if required<(>,<)>
CONTACT: Darren Derksen at email darren.derksen@gov.mb.ca
Please contact the individual noted above if additional information
or clarification is required on the following items.
Contract term February 15, 2022 to February 14, 2024.
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.
Vendor's e-mail address: (if available) ____________________
Quantity clarification: quantity listed contains 2 or 3 decimals.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 31/03/2022
1.00 Each GSIN: N5300MATERIAL: 99301099
HARDWARE, OTHER, AS DESCRIBED BELOW:
Acoustic telemetry hardware that integrates with its current array of
tags and receivers for use in the Assiniboine River and tributaries:
1 EA - InnovaSea Portable Acoustic Receiver - VR100
1 EA - InnovaSea Omni Directional Hydrophone
1 EA - InnovaSea Directional Hydrophone
10 EA - InnovaSea Stationary Transponding Receivers - VR2Tx
20 EA - InnovaSea Acoustic 10 year tags
Includes all required batteries
Equivalent or better. Bidders may need to demonstrate that alternate
equipment seamlessly integrates within the existing array of equipment
in use, with no add expense to Manitoba. Acceptance of alternate
products is subject to approval by Manitoba.
Shipping to:
200 SAULTEAUX CRES.
Winnipeg, Manitoba
R3J 3W3
Please indicate:
Brand name and product # of item offered is exactly as requested above:
YES _______ or NO ______
If NO, please confirm information on the product offered as follows:
Manufacturers Name__________
Brand Name______________
Product / Style Number ________
Bidder's catalogue/reference number (if applicable) ___________.
========================================================
DURATION OF CONTRACT:
To be delivered as and when requested during the period
February 15, 2022 to February 14, 2024.
USAGE REPORTS:
The vendor must provide to Manitoba Labour, Consumer Protection and
Government Services Procurement Services Centre of Excellence 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, Manitoba Labour, Consumer Protection and Government
Services Procurement Services Centre of Excellence. (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.
CONTRACT EXTENSION OR ADDITIONAL PRODUCTS:
By written agreement between 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.
PURPOSE:
The purpose of this Request for Quotation (RFQ) is to identify and
evaluate Bidders and their quotations capable of meeting Manitoba's
requirements for the supply and delivery of Acoustic Telemetry Equipment
and/or specialties on an "as and when" requested basis as required for
Manitoba Government Buildings in the Province of Manitoba.
It is the intent of the Manitoba Labour, Consumer Protection and
Government Services Procurement Services Centre of Excellence to award
this tender to the least number of bidders able to provide the product
in the most convenient and cost-effective manner.
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.
SPECIAL NOTES:
The words "must" "shall" and "will" mean a requirement is mandatory and
must be met in order for the bid to receive consideration.
BIDDER ASSISTANCE:
The Bidder shall assign one (or more) service representatives 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 names and titles of personnel assigned to Manitoba.
Contact Person: __________________________________________________
Telephone: ____________________Facsimile: _____________________
E-Mail Address: _________________________________________________
Order Desk Hours: _______________________________________________
Business Days & Hours of Operation: ________________________________
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 Government of Manitoba.
"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 and/or Services as a successful bidder.
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 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:
Please complete each section and attach additional information if space
is not sufficient. Any attachments shall reference the applicable
numbered section.
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.
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.
ALTERATIONS/QUALIFICATIONS OF BIDS:
No bid shall be altered, amended 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.
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.
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 service provided to the facilities will
be considered.
TENDER EVALUATION:
Generally the lowest overall price of an item(s) in accordance with the
terms & conditions of the RFQ will be awarded the contract. However,
other factors as stipulated below (in no particular order) will be
considered when awarding a contract.
Bids will be evaluated based on:
- Delivery for stock items;
- Price;
- Products and/or Services approved by Manitoba for their use<(>,<)>
- Quality of the Bidder's performance in past awards;
- Quality of product and/or service offered compared to product
description / specifications requested;
- Quality of the proposed product and/or service in past awards;
- Return & Refund policies; and
- Any other terms & conditions indicated on this RFQ.
Each product offered will be considered individually which may result in
more than one award created from this RFQ. Like items or items that
need to be compatible might 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).
CONTRACT VALUE / TERM:
Please note that this document does not constitute any guarantee of
business.
No guarantee of any minimum purchase will be made and Manitoba is under
no obligation to purchase the referenced amount. Amount will be
purchased only in accordance to the actual requirements of the
Government of Manitoba during the contract period.
To be delivered on an "as and when requested" basis for a 24-month term
from:
February 15 2022 to February 14, 2024
The delivery date (if shown) is actually the end of the contract period.
Any unused portion at the end of the contract period will be considered
cancelled.
QUALITY / ACCEPTABILITY:
Any product supplied must be new, unused, first quality.
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:
This contract will allow Manitoba to purchase Acoustic Telemetry
Equipment at firm contract pricing under a contract.
Yes _____ No _____ Initial __________
Pricing structure to remain firm for duration of the contract term?
Yes _____ No _____ Initial __________
If No, indicate "prices firm until" date: _____________________
Prices quoted shall be Net, PST extra (where applicable) and GST exempt.
Bidders offering prices "subject to change without notice" or "in effect
at time of shipment" may be rejected. Preference will be given to
suppliers offering firm pricing.
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.
PRODUCTS:
The Vendor shall have a North American Warehouse with the ability to
provide prompt supply of merchandise.
Yes _____ No _____ Initial __________
Vendor shall provide location of Warehouse:
_______________________________________________
Products should be delivered and packaged in a manner that is consistent
with the normal business practices of the industry.
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.
RETURNS:
Any products found defective will be returned for full credit including
any transportation charges and/or service handling charges (if
applicable).
Yes _____ No _____ Initial __________
The Vendor shall promptly remove any rejected products and replace with
acceptable without further cost to Manitoba within five (5) working days
of request. Failure to replace rejected goods may result in release
order and/or contract cancellation in part or whole with no obligation
whatsoever to Manitoba.
MANUFACTURER'S WARRANTY:
State warranty of units offered ( as applicable to Manitoba's use)
(Manitoba's use would usually be considered commercial application
not consumer)
Parts _________ months OR _______ years
Labor _________ months OR _______ years
Potential costs associated with the location of warranty service might
be used in the evaluation of this quote
State location of manufacturer's certified and/or approved warranty
service, closest to the point of delivery, for this quote<(>,<)>
__________________________ , _______
If the warranty offered is the Vendor's warranty in combination with
or in place of the Manufacturer's warranty then a complete
explanation to be provided.
DELIVERED AND UNLOADED F.O.B. DESTINATION:
ANYWHERE IN THE PROVINCE OF MANITOBA, ALL MANITOBA GOVERNMENT
DEPARTMENTS
( unit prices include all necessary charges 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.
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 which can
be recycled etc. (providing the packaging still provides proper and
adequate protection to the product offered for sale). Bidders shall
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 should 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 that 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 future study/use.
QUANTITY/ITEM RELEASES:
The Vendor shall not ship any item until a separate Release Order has
been placed by fax or email.
Release Orders for items may be placed at any time during the period of
this contract and in various quantities.
Release Orders to be shipped complete by line item, unless otherwise
approved and/or requested by Manitoba prior to shipping.
The quantities (if shown) are estimated annual quantities only and to be
used for evaluation purposes only and are not a guarantee of business.
The Contract Value, shown as Target Value, represents the total
estimated value for 12 months.
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.
TIME IS OF THE ESSENCE:
Time shall be of the essence hereof. Failure to meet the delivery time
(i.e. lead time) indicated on the Contract may result in the
cancellation of the Contract item and any outstanding Contract Release
Orders.
PACKAGING:
All goods must be packed or crated suitable for protection in storage or
shipment.
All goods delivered must be suitably marked with proper documentation
such as packing slip, contract number, etc.
DELIVERY REQUIREMENTS:
The normal delivery lead time required from receipt of a release
Purchase Order:
STOCKED ITEM: DELIVERY WITHIN ___________ CALENDAR DAYS
NON-STOCKED ITEM: DELIVERY WITHIN __________ CALENDAR DAYS
DELIVERY / SERVICE QUALITY
the length of delivery time and overall service to the end user
department is important and will be monitored.
failure to provide acceptable delivery and/or services may result in the
cancellation of the Contract/Balance of Contract.
Final inspection & acceptance or rejection of products will be made at
delivery destination by the user department.
A packing slip MUST accompany each shipment. All packing slips,
exterior labelling and invoices must reference the Release Purchase
Order number.
Vendors aware of potential or pending supply difficulties must notify
the user department before insufficient supply issues arise.
Yes _____ No _____ Initial __________
FOB/FREIGHT:
To be delivered FOB DESTINATION FREIGHT PREPAID TO ANY MANITOBA
GOVERNMENT DEPARTMENT LOCATED IN THE PROVINCE OF MANITOBA.
(unit prices quoted include all necessary charges such freight,
insurance, handling etc. to show a total landed cost. The percent
mark-up quoted above shall include all necessary charges<(>,<)>
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.
Is there a minimum order/shipment value required for FOB Destination
pricing?
Yes _____ No _____ Initial __________
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: $__________________________
No freight charges allowed on back order quantities.
Delivery/Freight Charges are to be incorporated into the unit prices
quoted for each item.
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___(OR)_____no
Delivery Charge will be extra and applied on shipments under $________
value(before tax)
The Delivery Charge will be:
the Actual Carrier Charges ___________
(OR)
a Flat Rate _______________
If Flat Rate - the charge will be $ __________ per shipment.
DURATION OF FIRM PRICING:
Bidders offering prices subject to change without notice or in effect at
time of shipment may be outright rejected.
Preference may be given to suppliers offering firm pricing.
(for each item offered)
PRICING IS FIRM FOR THE CONTRACT.
YES_______ or NO __________
If NO indicate: Prices firm until(date)_________________
RETURNS:
Any products found defective will be returned for full credit including
any transportation charges and/or service handling charges (if
applicable).
Yes _____ No _____ Initial __________
The Vendor shall promptly remove any rejected products and replace with
acceptable without further cost to Manitoba within five (5) working days
of request. 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.
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 and Supply Chain (PSC) Manitoba Labour, Consumer Protection
and Government Services.
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:
Procurement and Supply Chain (PSC)
Manitoba Labour, Consumer Protection and Government Services
600 - 352 Donald Street
Winnipeg, Manitoba
R3B 2H8
General Inquiry Line
Phone: 204-945-6361
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.
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.
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.
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.
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.
CONTRACT EXTENSION AND ADDITIONAL PRODUCTS:
By written agreement between 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 in accordance with the provisions of the original
contract.
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.
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.
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.
INDEMNITY:
The Vendor shall use due care in the performance of the obligations
under the Agreement to ensure that no person is injured, no property is
damaged or lost and no rights are infringed.
The Vendor 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 the Agreement, or the breach of any term or
condition of the Agreement by the Vendor, or the officers, employees,
subcontractors or agents of the Vendor; and
(b),,Any omission or wrongful or negligent act of the Vendor, or of the
officers, employees, subcontractors or agents of the Vendor;
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).
INSURANCE:
The cost of obtaining any required insurance shall be borne by the
Vendor.
Required insurance shall be underwritten by insurers licensed to write
the insurance in Manitoba.
The Vendor agrees to obtain, maintain throughout the term of the
Agreement, Commercial General Liability Insurance covering the Services
provided under the Agreement. Such insurance shall provide coverage of
not less than 2 million dollars ($2,000,000.) per occurrence and shall,
without limiting or restricting the generality of the forgoing, name
Manitoba, its Ministers, employees and agents as additional insureds
with respect to the Services provided under the Agreement.
The Vendor shall ensure that:
(a),,all professionals employed by The Vendor, and who are working in
their designated professional capacity in providing the Services, obtain
professional liability insurance;
(b),,said professionals are covered by professional liability (Errors
and Omissions)insurance for a minimum amount of two million ($2,000
,000) dollars per occurrence or claim; and
(c),,If the above insurance is written on a claims-made basis, the
coverage shall be maintained for a minimum of 12 months following
completion of Services.
The above are minimum insurance requirements intended to provide basic
coverage for the Vendor. It is the responsibility of the Vendor and its
insurance advisors to determine whether higher limits or additional
insurance coverage are required.
The Vendor offering products for Manitoba's use should ensure that the
supplier of the product and/or the manufacturer of the product offered
for Manitoba's use, maintain adequate Product Liability Insurance.
Workers Compensation Insurance:
The Proponent should provide a Workers Compensation Insurance Number:
__________as written evidence of the required insurance covering
Services to be provided under the Agreement.
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.
LIABILITY:
Manitoba shall not be liable for any injury to the Vendor, or to any
officers, employees or agents of the Vendor, or for any damage to or
loss of property of the Vendor, or of the officers, employees or agents
of the Vendor, caused by or in any way related to the provision or
delivery of the Services or the terms of the Agreement.
The above clause 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.
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.
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.
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.
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.
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.
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.
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.
VENDOR INFORMATION / 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 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.
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, such as box number, street address,
city, province, postal code, etc.
Invoicing Department Contact Person: _____________________________
Address: ____________________________________________________
City/Province/Postal Code: _____________________________________
Telephone: ____________________ Facsimile: ___________________
E-Mail Address: ______________________________________________
Hours of Operation: ___________________________________________
INVOICES:
Taxable items must be identified on the invoice on each individual line
item.
Manitoba shall be invoiced directly from the Vendor.
Invoices must be priced in the same amount and unit of measure as shown
on the Release Order or the Vendor must contact Manitoba, in writing,
prior to shipping the products on the Release Order.
This is an accounting concern and is not intended to outline a process
to request price changes.
Manitoba certifies that the 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.
Can each product's expiry date be included on the packing slip/invoice?
Yes _____ No _____ Initial __________
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.
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.
PAYMENT TERMS:
The Bidder shall specify invoice terms: _____________________________
Any applicable discounts for early payment:
Yes _____ No _____ Initial __________
If yes, please specify ___________________________________________
Manitoba's standard payment terms are net thirty(30) days.
Proposed Delivery Address:
AS PER RELEASE PURCHASE ORDER
TENDERS TO BE RETURNED TO:
MERX Electronic Bid Submission www.MERX.com
