MANITOBA REFERENCE NUMBER: MB-MBPB-AAU-00124
ISSUING DEPARTMENT: Procurement Services Branch
DATE ISSUED: 16/12/2020
ISSUED BY: J Youdeowei
TELEPHONE: 204 945-6346
The following is a term contract for Paper products, Janitorial for
Materials Distribution Agency (MDA), Government of Manitoba for the term
of : February 01, 2021 to January 31, 2022 with an option to extend.
(MDA reference #0800000531 MDA, HAND, CLEAN, SANIT, DISPOSABLE & STND
Procurement Officer: Josephine Youdeowei<(>,<)>
Email: Josephine.Youdeowei@gov.mb.ca
NOTE :( Send all enquiries to this email above only)
INCLUDE MDA Standard and direct terms & conditions
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.
NOTE: All RFQ's are subject to Chapter 5 of the CFTA, or any other
inter-provincial agreement.
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.
CLARIFICATION / INQUIRIES:
It is the Bidder's responsibility to clarify interpretation of any item
of the RFQ document before the RFQ closing date.
For tender inquiries, submission information, enquiries, clarification
and/or additional information regarding any aspect of the products
listed may be sent by either telephone, fax or email and to be directed
only to the individual specified below:
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.
ELECTRONIC SUBMISSION (BY EMAIL ONLY): Bids submitted by email should
include the solicitation number, the Bidder's name and Submission date
in the subject line and must be sent in PDF format.
Emails approaching 25 Megabytes in size may be rejected by Manitoba's
email system. Bidders should identify the order and number of emails
that make up the electronic submission (e.g. email 1 of 3, email 2 of 3,
email 3 of 3). Upon submitting a Bid by email, Bidders will receive a
reply email confirming that Manitoba has received the Bid.
Bidders not receiving a reply email should contact Procurement Services
Branch at 204-945-6361.
While Manitoba may allow for electronic bid submissions, the Bidder
acknowledges that electronic bid submissions are inherently unreliable.
The Bidder bears all risk associated with submitting its Bid by
electronic submission, including but not limited to delays in
transmission between the Bidder's computer machine and Manitoba's email
system or machine.
It is the Bidder's sole responsibility to ensure that their Bid and all
attachments are received at the Submission Address before the closing
date and time. Bids received after the closing date and time will be
rejected.
Vendor's e-mail address: (if available) ___________________
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 31/01/2022
70.000 Case GSIN: N8520MATERIAL: 26212
SOAP, TOILET, HAND, LOTION FORM, PEARLIZED PINK, FLORAL FRAGRANCE,
BIODEGRADABLE, PH BALANCED, C/W BLUE TIPPED FEED TUBE, FOR USE IN
DISPENSERS WITH BLUE DOCKING DEVICE, 800 ML BOTTLE, 12 BOTTLES PER CASE,
AVMOR/BIOMAXX #AMC30000, KUTOL #KUT5665MTF
A) MINIMUM RELEASE QUANTITY: 5
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS: ____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Note all environmental certifications: _____________
========================================================
ITEM 20 31/01/2022
200.000 Container GSIN: N7930MATERIAL: 40687
SOAP, LIQUID, ANTIBACTERIAL, 4L, FOR USE IN DISPENSER,
SOAP DROPS, IMPERIAL SOAP #2444104 (4 PER CASE), INO DERM#1 (INODE 1400)
A) MINIMUM RELEASE QUANTITY: 12
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS: ____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Note all environmental certifications:____________
========================================================
ITEM 30 31/01/2022
1,000.000 Container GSIN: N8520MATERIAL: 47822
SOAP, HAND, FOAM, EXTREMELY MILD, INSTANT FOAMING LIGHTLY FRAGRANCED
SKIN CLEANSER FOR THE REMOVAL OF LIGHT SOILING ON HANDS, COLOUR CLEAR
PINK, 1 LITRE CONTAINER, 10000 ML X 8 PER CASE,
DEB DEBONAIRE #212
A) MINIMUM RELEASE QUANTITY: 8
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS: ____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Note all environmental certifications:____________
========================================================
GENERAL AWARD INFORMATION:
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.
VENDOR INFORMATION:
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.
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.
MDA - Refers to Materials Distribution Agency.
PSB - Refers to Procurement Services Branch
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 MDA 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 NOTE:
Bidders to quote a single price for each item offered for duration of
contract.
Bidders may quote on one or more of the approved products listed,
however, Bidders to quote only one price for each approved
(brand/manufacturer) 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.
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.
Quotations or partial quotations received after this time shall not be
considered. All components of the RFQ must be fully completed and
submitted by the Bidder no later than the submission deadline.
Please complete each section and attach additional information if space
is not sufficient. Any attachments shall reference the applicable
section.
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/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.
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.
TENDER EVALUATION:
Failure to provide adequate information to evaluate the item offered may
be cause for rejection of your quote by the Manitoba Government
(Manitoba).
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 will be considered when awarding a
contract (in no particular order).
Tenders will be evaluated based on:
i) Products approved by MDA for their use<(>,<)>
ii) Product offered compared to product description/specifications
requested;
iii) Delivery lead-times;
iv) Price;
v) Quality of the Bidder's performance in past awards;
vi) Quality of the proposed products in past awards;
vii) Return and refund policies; and
viii) 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. It is the intent to award this RFQ to
one vendor in total, if possible and economic to Manitoba, therefore
Bidders should quote on all items if possible. Economic evaluation will
be at Manitoba's sole discretion.
PRODUCTS/BRANDS:
Brand names, where indicated, are shown for reference purposes only and
are not intended as endorsement of a particular product. Approved
products to date are shown for each item and only those products/brands
will be considered on this tender. The products shown are required on a
"No Substitute" basis.
NOTE: The only exceptions to the above "No Substitute" condition will
be:
a) Substitute brands may be approved for temporary use if unforeseen
circumstances cause the approved product to be discontinued or
unavailable for an extended period of time. Temporary alternatives must
be approved in writing by MDA. The use of a temporary alternative is
not meant to imply that this item will be considered an approved product
for future tenders.
b) Where samples have been submitted for testing prior to the RFQ
posting and are currently undergoing evaluation and approval.
Vendors wishing to offer an "alternative product" for future tenders are
invited to submit samples for long term testing and evaluation by
contacting MDA. All samples become the property of MDA and will not be
returned.
Substitutes shipped without prior written approval will be held at
shippers risk pending return instructions.
Any substitute/alternative product supplied which upon inspection or
use, is deemed by the using department to be unacceptable for their use
will be returned for full credit or replacement at no cost to Manitoba
or the contract may be cancelled.
Any product supplied which upon inspection or use, is deemed by MDA to
be defective will be returned to the Vendor for replacement. All costs
related to the return and replacement of the defective product to be the
responsibility of the Vendor.
Vendor must respond to defective product concerns within 48 hours of
receiving faxed/emailed documentation from MDA.
Yes _____ No _____
Vendor must notify MDA immediately in writing (by fax/e-mail) of any
known defective product(s) or product recall(s) related to the
product(s) the Vendor has shipped to MDA or to MDA's clients to avoid
release of said product to MDA's end users.
Yes _____ No _____
Vendors may be requested by MDA to supply, if available, high resolution
product photos in digital or electronic "TIFF" format.
Yes _____ No _____
By supplying these photos the Vendor is certifying that the photos are
not covered by copyright or if the photos are covered by copyright that
MDA is authorized to use the photos. These photos may be used by MDA
for the promotion of the product or in the production of MDA's printed
or on-line publications to assist MDA's clients when ordering product
from MDA.
Yes _____ No _____
Bidders are to indicate the following information for each item offered:
a) Brand Name;
b) Product Code; and
c) Post-Consumer Waste Content (if applicable).
ALTERNATE PRODUCTS:
Alternate products may be considered but may require testing prior to
purchase. Vendors wishing to offer alternative product for future
tenders are invited to submit samples for long term testing and
evaluation by contacting MDA:
Paulette Kosheluk, MDA Purchasing Coordinator
Telephone: (204) 945-8607
Facsimile: (204) 948-2831
All samples become the property of MDA and will not be returned.
SAMPLE PRODUCTS:
Bidders may be required to provide samples of each proposed as part of
the evaluation process. MDA will notify the Bidder(s) when samples may
be required. Samples shall be supplied at no charge and delivered FOB
Destination to MDA.
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 is not to ship any item until a Purchase Order has been
placed by fax, email or mail.
The quantities shown are the 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 the contract term.
FOB/FREIGHT:
To be delivered FOB DESTINATION FREIGHT PREPAID to
MATERIALS DISTRIBUTION AGENCY
RECEIVING DOOR #10
1715 ST JAMES STREET
WINNIPEG, MANITOBA R3H 1H3
The unit prices quoted above shall include all necessary charges,
freight, insurance, handling etc. to show a total landed cost. 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 to receive 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: $_________________________
Freight charges will not be allowed on back order quantities.
DELIVERY:
Deliveries to MDA will be accepted Monday to Friday between the hours
of: 8:00 AM to 3:00 PM.
Can your company meet this delivery date?
Yes _____ No _____
If No, what is your delivery date? _____________________________
Vendor must notify MDA immediately in writing (by fax/email) of any
delay in shipment.
Vendor must respond to late shipment inquires within 48 hours of
receiving faxed/email documentation from MDA.
Delivery must occur within the time stated on the Contract unless a
deferred shipment is arranged with MDA in writing. Failing this
Manitoba reserves the right to either purchase elsewhere, charge the
Vendor for any loss incurred thereon, and/or cancel the Contract.
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.
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.
Partial acceptance of rejection of an order does not release the Bidder
from its responsibility to complete the order.
PACKAGING:
All goods must be packed or crated suitable for protection in storage or
shipment.
If pallets required, pallet size to be 42 inches width by 48 inches
depth, loaded to a maximum height of 53 inches.
All goods delivered must be suitably marked with proper documentation
such as packing slip, contract number, etc.
RESTOCKING CHARGES:
Restocking charges to MDA must be shown (if applicable); restocking
charge will be ________%.
Please indicate the amount of notice (number of days) that MDA must
provide in order to cancel a Release Order without being subject to any
restocking charges. Restocking charges do not apply if Release Order
cancelled with _________ days notice.
RETURNS / REFUNDS:
Any product supplied deemed unacceptable by the end-user/customer will
be immediately replaced with new product/unit at no charge to MDA?
Yes ____ No _____
MDA 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: ______________
Goods ordered in error will be returned to the Vendor, Freight Prepaid
by Manitoba.
WARRANTY:
Bidders shall ensure that Manitoba receives the manufacturer's warranty
for the goods purchased. Bidder shall indicate the warranty for each
item offered (if applicable) in: _____ Days; _____ Months; _____ Years.
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.
Vendor to address warranty issues within 48 hours of receiving
faxed/email documentation from MDA.
Yes ____ No _____
Vendor must provide copy(s) of warranty documentation upon request,
after the contract is awarded.
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 St, Canada Building
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.
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, favors 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.
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.
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.
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.
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.
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.
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 _____
If No, provide complete details:
Contact Person: ________________________________________________
Address: _______________________________________________________
City/Province/Postal Code: _____________________________________
Telephone: ____________________ Facsimile: _____________________
E-Mail Address: ________________________________________________
INVOICES:
MDA shall be invoiced directly from the Vendor.
For direct deliveries, the Vendor must provide a proof of delivery (that
is both a printed and signed signature by MDA's client department) with
the invoice.
Invoices must be priced in the same amount and unit of measure as shown
on the Release Order or the Vendor must contact MDA, 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 RETAIL SALES TAX LICENSE:
Are you licensed by Manitoba Finance to collect and remit Manitoba
Retail Sales Tax?
Yes ____ No _____
If NO, disregard the following paragraph.
MANITOBA RETAIL SALES TAX:
Is the product(s) offered subject to Manitoba Retail Sales Tax?
Yes ____ No _____
If the tender consists of both taxable (T) and non-taxable (NT) items,
please indicate T or NT opposite each item offered.
These goods are for "RESALE" and therefore "PST EXEMPT".
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:
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 _____
If Yes, please specify: ________________________________________
Does your early payment clause appear on your invoice?
Yes _____ No _____
Proposed Delivery Address:
Materials Distribution Agency
Unit 7 # 1715 St. James Street
Door 10
Winnipeg, MB
R3H 1H3
TENDERS TO BE RETURNED TO:
Submission Address:
Email to bids@gov.mb.ca
