MANITOBA REFERENCE NUMBER: MB-MBPB-03S-00037
ISSUING DEPARTMENT: Procurement and Supply Chain
DATE ISSUED: 14/12/2022
ISSUED BY: GoM PSC
TELEPHONE: 204 945-6361
The following is a Request for Quotation for a two (2) year term
contract with an optional one (1) year extension for a maximum of 2
years for Agriculture and Resource development (ARD), Government of
Manitoba.
NOTE: It is important that you read the "Terms & Conditions" at the end
of this document, prior to commencing this RFQ, as they contain specific
instructions which may impact your ability to submit a quotation.
THIS PROCUREMENT IS SUBJECT TO THE 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) ____________________
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 may
be sent by e-mail and to be directed only to the individual specified
below:
Adeseye Oshoniyi
EMAIL: Adeseye.oshoniyi@gov.mb.ca
DDP/FREIGHT:
To be delivered DDP DESTINATION FREIGHT PREPAID to:
Agriculture
Veterinary Diagnostic Services
545 University Cres
Winnipeg MB R3T 5S6
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.
FAILURE TO PROVIDE ADEQUATE INFORMATION TO EVALUATE THE ITEM OFFERED MAY
BE CAUSE FOR REJECTION OF YOUR QUOTE BY THE MANITOBA GOVERNMENT
(MANITOBA).
THE LOWEST PRICE ON ANY ITEM WILL NOT NECESSARILY BE ACCEPTED.
HOW DO YOU PREFER TO RECEIVE THE PURCHASE ORDERS FROM ARD BY
EMAIL__________ OR PHONE_______________
QUANTITY CLARIFICATION:
Quantity listed contains 2 or 3 decimals.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 31/12/2024
1.00 Each GSIN: N6550MATERIAL: 58889
TEST KIT, PORCINE, RESPIRATORY AND REPRODUCTIVE SYNDROME VIRUS
QUANTIFICATION STANDARDS SET, PRRSV NORTH AMERICAN AND EUROPEAN STRAIN
QUANTIFICATION STANDARDS,
TETRACORE #TC-90062-001
Please indicate:
Brand name and product # of item offered is exactly as requested above:
YES _______ or NO ______
If NO please advise information on the product offered as follows:
Manufacturers Name__________
Brand Name______________
Product / Style Number ________
Bidder#s catalogue/reference number ( if applicable) ____________
Please quote prices based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 as follows:
Year 1 $ ______________ January 06, 2023 to January 05, 2024
========================================================
ITEM 20 31/12/2024
40.00 Each GSIN: N6550MATERIAL: 58890
TEST KIT, PORCINE, RESPIRATORY AND REPRODUCTIVE SYNDROME VIRUS CONTROL
SET, PRRSV NORTH AMERICAN AND EUROPEAN STRAIN CONTROLS, AND INTERNAL
CONTROL,
TETRACORE #TC-90061-096
Please indicate:
Brand name and product # of item offered is exactly as requested above:
YES _______ or NO ______
If NO please advise information on the product offered as follows:
Manufacturers Name__________
Brand Name______________
Product / Style Number ________
Bidder#s catalogue/reference number ( if applicable) ____________
Please quote prices based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 as follows:
Year 1 $ ______________ January 06, 2023 to January 05, 2024
========================================================
ITEM 30 31/12/2024
304.00 Each GSIN: N6550MATERIAL: 58891
TEST KIT, PORCINE, RESPIRATORY AND REPRODUCTIVE SYNDROME VIRUS
MULTIPLEXPCR, PCR MASTER MIX AND ENZYME KIT FOR THE DETECTION OF PORCINE
REPRODUCTIVE AND RESPIRATORY SYNDROME VIRUS (PRRSV), BOTH NORTH AMERICAN
AND EUROPEAN STRAINS, AND INTERNAL CONTROL, 96 REACTIONS PER KIT,
TETRACORE #TC-90060-096
Please indicate:
Brand name and product # of item offered is exactly as requested above:
YES _______ or NO ______
If NO please advise information on the product offered as follows:
Manufacturers Name__________
Brand Name______________
Product / Style Number ________
Bidder#s catalogue/reference number ( if applicable) ____________
Please quote prices based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 as follows:
Year 1 $ ______________ January 06, 2023 to January 05, 2024
========================================================
GENERAL INFORMATION:
The Government of Manitoba (Manitoba) is requesting submissions from
interested Bidders in order to establish a Contract / Agreement between
the successful Bidder(s) and Agriculture and Resource development
department for a 2-year term contract.
Requested quotations to be submitted per the outlined process and
requirements and provide Manitoba with detailed features, costs and
delivery capabilities for the specified goods and/or services.
It is the intent of Procurement and Supply Chain (PSC) to award this
tender to the least number of Bidders able to provide the goods and/or
services in the most convenient and cost-effective manner.
DEFINITIONS:
"BID" - Refers to the Bidder's bid/quotation or offer submitted in
response to the RFQ.
"BIDDER" - Refers to the person who or Company which obtains a copy of
the RFQ for the purpose of submitting a bid/quotation or offer to
provide the goods and/or services.
"CONTRACT" - Refers to the Value Contract issued to the Vendor as the
award document.
"MANITOBA" - Refers to the Government of Manitoba or the purchaser of a
department or branch of the Government of Manitoba that requires the
goods and/or services listed in the RFQ.
"ARD" - Refers to Agriculture and Resource Development
"PSB" - Refers to Procurement Services Branch that has issued the RFQ
and is listed in the RFQ document.
"RELEASE ORDER" - Refers to a specific Release Purchase Order document
issued by ARD to the Vendor to order product from the Contract.
"RFQ" - Request for Quotation or tender are defined as the tender
document to request pricing to provide the goods and/or services listed
therein.
VENDOR - Refers to the person who or Company which will provide the
goods and/or services as the successful Bidder.
SPECIAL NOTE:
Bidders may quote on one or more of the approved products listed.
Bidders not detailing lead-times (refer below) may result in that
items(s) being rejected from their quotation.
ALTERNATIVE PRODUCTS:
Bidders to quote on products exactly as specified above, if possible.
Supplier catalogue numbers, if shown, are for reference.
Bidders wishing to quote an alternative brand/product should, if
possible, have the alternative approved by the using department prior to
submitting your quote.
If additional information is required and/or for approval of alternative
products please Contact: Adeseye.Oshoniyi@gov.mb.ca
If an alternative product is offered, product description and
manufacturers name and product number as well as your product
reference number (if applicable) to be shown for each item offered
Any alternative product offered which has not been recently evaluated
and approved might not be accepted for this quote.
Have the alternative items you offered been evaluated and approved
by the end user . YES___ or NO _____
If YES, indicate approved by whom:
(name)_____________________
(Date) _______________
BIDDER ASSISTANCE:
The Bidder shall assign a "Dedicated Service Representative(s)" to
supply information and act as contact person through the term of the
agreement. Manitoba will assign a counterpart.
It should be clearly understood that the Bidder's service
representative(s) would deal with the assigned Manitoba contact
person(s).
Bidder shall provide contact names and telephone numbers for the
following:
Contact Person: ________________________________________________
Telephone Number: _________________Fax Number: _________________
E-Mail Address: ________________________________________________
BIDS:
Bids are requested from competing Bidders in accordance with Manitoba
policies. Manitoba reserves the right to revise/cancel RFQ's as well as
accept/reject bids either in whole or in part, whichever is in the best
interests of Manitoba. Lowest or any bid not necessarily accepted.
Bids must be submitted on the form provided unless otherwise stipulated
or as directed. Failure to complete the bid submission or include all
information and documents requested may result in rejection of a bid
submission.
All bid submissions should be prepared in a legible manner. Non legible
bids may result in rejection of your bid submission.
Bids shall be considered firm until awarded, unless otherwise indicated.
Any exchange of information with Manitoba personnel prior to the
issuance of an RFQ is not a valid response to the RFQ and shall not be
considered.
IRREVOCABILITY OF QUOTATION:
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.
AUTHORIZED VENDOR:
Manitoba reserves the right, prior to any contract award, to secure
evidence to Manitoba's satisfaction that the Bidder is the manufacturer,
authorized distributor, dealer or retailer of the goods offered and is
authorized to sell, service and warranty these goods in Manitoba, Canada
and upon request will provide Manitoba with written evidence thereof.
Manitoba also reserves the right to secure evidence to Manitoba's
satisfaction that any Bidder is able to provide the goods or services
and to require the successful Bidder to furnish security, free of any
expense to Manitoba, to guarantee faithful performance of the contract.
The bidder warrants that there are no patents, trademarks or other
rights restricting use, repair or replacement of the material furnished
or any part thereof and hereby agrees to indemnify and save harmless the
Province of Manitoba, its employees and agents from and against all
claims, demands, losses, costs, damages actions, suits or other
proceedings by whomsoever made, filed or prosecuted in any manner by
reason of such use, repair or replacement of the materials being a
violation of any patent, trademark or other right.
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 will be considered when awarding a
contract (in no particular order).
Tenders will be evaluated based on:
i) ,,Products approved by ARD 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.
Failure to provide adequate information to evaluate the item offered may
be cause for rejection of your quote by the Manitoba Government
(Manitoba).
Like items or items that need to be compatible will be considered as a
"group" for price comparison and/or award purposes.
Each product offered will be considered individually which may result in
more than one award created from this RFQ. However, the intent is to
award this RFQ to one vendor in total, if possible with economic benefit
to Manitoba, therefore Bidders should quote on all items if possible.
Economic evaluation will be at Manitoba's sole discretion.
CONTRACT TERM:
To be delivered on an "as and when requested" basis for a one
(2) year term contract from: January 13, 2023 to December 31, 2024 with
an optional one (1) year extension for a maximum of 2 years
Any unused portion at of the end of the contract period will be
considered cancelled.
FIRM PRICING:
Bidders offering prices "subject to change without notice" or "in effect
at time of shipment" will be rejected outright. Preference will be
given to suppliers offering firm pricing.
Bidder shall quote firm pricing for year 1 for each line item.
Is pricing firm for the duration of the contract term?
Yes _____ No _____ Initial__________
If No, please indicate "prices firm until" date: _____________________
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.
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).
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.
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.
PRODUCTS/BRANDS:
Brand names, where shown, are for reference purposes only and are not
intended as endorsement of a particular product.
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.
Vendor shall supply items with the longest shelf life available from the
date of the Release Order.
Any product supplied which upon inspection or use, is deemed by ARD 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/ email documentation from ARD.
Yes _____ No _____ Initial__________
Vendor must notify ARD 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 ARD
Yes _____ No _____ Initial__________
Bidders must indicate the following information for each item offered:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Product package quantity _______________
Case quantity _________________________
QUANTITY
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.
ARD 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 or Vendor failing to deliver products
within tender stated time frames.
DDP/FREIGHT:
To be delivered DDP DESTINATION FREIGHT PREPAID TO:
Agriculture
Veterinary Diagnostic Services
545 University Cres
Winnipeg MB R3T 5S6
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 DDP
Destination Freight Prepaid pricing?
Yes ____ No _____ Initial __________
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 _____ Initial __________
If Yes, identify the delivery charge: $__________________________
Freight charges will not be allowed on back order quantities.
DELIVERY:
Vendor must notify ARD immediately in writing (by fax or email) of any
delays of scheduled shipments.
Shipments are considered to be delayed if the delivery time is greater
than the lead time indicated for each item on the contract.
Vendor must respond to late shipment inquires within 48 hours of
receiving faxed documentation from ARD.
Failing this Manitoba reserves the right to either purchase elsewhere
and charge the Vendor for any loss incurred thereon, and/or cancel the
Contract.
Delivery must occur within the time stated on the Contract unless a
deferred shipment is arranged with ARD 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.
LEAD TIMES:
Bidders shall indicate lead time in number of business days for delivery
of each product offered.
When calculating lead time, bidders should take into consideration all
delivery components such as; your order desk requirements, delivery
practices, if the item is from your stock etc. If the item must come
from your manufacturer/distributor then include the
manufacturer/carrier's shipping times in your calculation.
Please show lead time as a specific number, not a range (e.g. 3 days or
5 days, not 3-5 days).
Lead time may be a factor for consideration in the tender evaluation.
Lead times indicated are to be calculated from the date/time that a
Purchase Order is issued (faxed) to the time the goods will be received
at ARD
TIME OF ESSENCE:
Time shall be of 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.
The Government of Manitoba reserves the right to inspect the goods for
up to 90 days after the date of delivery.
Yes ____ No _____ Initial __________
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.
All goods delivered must be suitably marked with proper documentation
such as packing slip, contract number, etc.
RETURNS / REFUNDS:
Any product supplied deemed unacceptable by the end-user/customer will
be immediately replaced with new product/unit at no charge to ARD?
Yes ____ No _____ Initial __________
ARD requires complete details of your Return/Replacement/Refund Policy.
The Bidder shall identify the exact detail as to what is covered in
terms of responsibility for repair/replacement/refund of product:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Any/All costs associated with the return/replacement/refund of defective
products will be the responsibility of the vendor?
Yes ____ No _____ Initial __________
All defective products are requested to be replaced within five (5)
working days of notification/request.
Yes ____ No _____ Initial __________
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.
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
Manitoba Labour, Consumer Protection and Government Services Procurement
and Supply Chain (PSC).
For further information on the Indigenous Business Directory<(>,<)>
registration forms and access to a copy of the Indigenous Business
Directory please see the following website:
http://www.gov.mb.ca/finance/psb/api/api bd.html or contact:
Manitoba Labour, Consumer Protection and Government Services
Procurement and Supply Chain (PSC)
600 - 352 Donald Street
Winnipeg, Manitoba
R3B 2H8
Ph: 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.
DISCLOSURE OF INFORMATION:
Relative to the Freedom of Information and Protection of Privacy Act,
the Government of Manitoba reserves the right to publicly disclose
details of purchase order/contract and the prices at its discretion, or
as required by law.
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.
FAVOURED CUSTOMER:
If during the period of the offer the Bidders offers for sale like
quality and quantity similar to customers at more favourable terms, the
current quoted price shall be immediately altered to a level that
reflects the same favourable terms.
GOVERNING LAW:
Unless the Request for Quotation specifically state otherwise, the
request for quotation, all bids, and any subsequent purchase
order/contract(s) will be construed and interpreted in accordance with
the Laws of Manitoba and where the vendor uses sources outside of
Canada, those businesses comply with local labour laws in the country of
manufacture.
The Bidder shall be in good standing under The Corporations Act
(Manitoba), or properly registered under The Business Names Registration
Act (Manitoba), or otherwise properly registered, licensed or permitted
by law to carry on business in Manitoba, or if the Bidder does not carry
on business in Manitoba, in the jurisdiction where the bidder does carry
on business and may be required to provide evidence thereof upon
request.
All RFQ's are subject to the Agreement on Internal Trade, or any other
inter-provincial agreement.
All applicable laws of the Province of Manitoba, regulations and
standards, including all Occupational Health & Safety, and Workers
Compensation requirements will govern this Request for Quotation and any
resulting purchase order/contract.
Manitoba requires its Bidders to adhere to Provincial Labour Laws, and
to declare that in bidding for the work and in entering into a purchase
order/contract, the vendor and his subcontractors conduct their
respective business in accordance with established International Codes
as they relate to Child and Forced Labour embodied in United Nations
(UN) and International Labour Organization (ILO) conventions as ratified
by Canada.
INDEMNITY:
The Bidder warrants that there are no patents, trademarks or other
rights restricting use, repair or replacement of the material furnished
or any part thereof and hereby agrees to indemnify and save harmless the
Province of Manitoba, its employees and agents from and against all
claims, demands, losses, costs, damages actions, suits or other
proceedings by whomsoever made, filed or prosecuted in any manner by
reason of such use, repair or replacement of the materials being a
violation of any patent, trademark or other right.
The successful Bidder shall indemnify and save harmless Manitoba from
and against all losses and claims, demands, actions, payments, suits,
recoveries, judgment and settlements of every nature and description
brought or recovered against Manitoba by reason of any act or omission
of the Bidder, the Bidder's agents or employees, or sub-contractors in
the performance of this contract.
INFRINGEMENTS:
Bidder warrants that Manitoba's purchase, installation and/ or use of
the goods and/or services covered hereby shall not result in any claim
of infringement, or actual infringement of any patent, trademark,
copyright, franchise or other intellectual property right.
INSURANCE:
The Bidder shall, at its own expense, effect and maintain for the
duration of its services all insurance(s) required by law. All required
insurance shall be under written 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 _____ Initial __________
If No, provide complete details:
Contact Person: _______________________________________________
Address: ____________________________________________________
City/Province/Postal Code: _____________________________________
Telephone Number: ______________________________________________
Facsimile Number: ________________________________________________
E-Mail Address: ______________________________________________
Hours of Operation: ___________________________________________
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:
Agriculture
Veterinary Diagnostic Services
545 University Cres
Winnipeg MB R3T 5S6
TENDERS TO BE RETURNED TO:
MERX Electronic Bid Submission www.MERX.
