MANITOBA REFERENCE NUMBER: MB-MBPB-08Z-00033
ISSUING DEPARTMENT: *Labour,Consumer Protection & Government Services
DATE ISSUED: 28/02/2022
ISSUED BY: *LaborCnsmPrtGovSv
TELEPHONE:
Return Completed Form to:
Submission Address: www.merx.com
QUOTES MUST BE SUBMITTED ON THE GOVERNMENT OF MANITOBA FORM DOWNLOADED
FROM MERX AND COMPLETED IN ITS ENTIRETY. QUOTES FROM VENDORS WILL BE
DISQUALIFED IF THE VENDOR'S NAME IS NOT LISTED ON THE MERX DETAILED
TRACKING REPORT AND/OR DO NOT SUBMIT QUOTES ON THE PROPER FORM.
INDIGENOUS PROCUREMENT INITIATIVE:
Manitoba is committed to community economic development as a key
component of Manitoba's 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. The objective of the IPI is to
increase the participation of Indigenous business in providing goods and
services to Manitoba.
Part of the IPI is the establishment of an Indigenous Business Directory
which can be a valuable networking tool. This directory is a list of
Canadian Indigenous Businesses (including non-profit organizations and
economic development corporations) that have self-declared as an
Indigenous Business.
For more information about the Indigenous Business Directory and the
Indigenous Procurement Initiative go to:
http://www.gov.mb.ca/mit/psb/api/ab_proc.html
INDIGENOUS BUSINESS STANDARD:
Indigenous participation is desired but bids will not be disqualified if
there is no Indigenous business participation.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 30 18/03/2022
2.00 Each GSIN: N7030MATERIAL: 49986
COMPUTER SOFTWARE, LICENSE ONLY, AS DESCRIBED BELOW:
VS7-STD-C - VMware vSphere v. 7.0 Standard - License - 1 Processor
VMware account Number 313394688
========================================================
ITEM 40 18/03/2022
2.00 Each GSIN: N7030MATERIAL: 99461020
COMPUTER SOFTWARE AS DESCRIBED BELOW:
VS7-STD-P-SSS-C - VMware Support and Subscription Production - 1 Year
VMware account Number 313394688
========================================================
This RFQ shall result in a one year fixed term between Manitoba and the
Contractor with the option to extend for two (2) additional periods of
twelve (12) months each.
Manitoba reserves the right to extend the usage of the Agreement to the
Public Sector Organizations (PSOs) in accordance to this RFQ.
Manitoba may add or modify the number of licenses required. Such
additions, removals, or changes will be provided to the Vendor
Please indicate volume discounts/ price breaks on the attached Word
document (Attachment A - Price Break.doc).Vendor to add columns if there
are additional price breaks.
,,,,,,
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 as set out on the title
page of this RFQ by no later than the Submission Deadline.
Manitoba may extend the Submission Deadline by issuing an addendum at
any time prior to the Submission Deadline or prior to the date and time
previously specified in any addendum extending the Submission Deadline.
It is solely the Bidder's responsibility to ensure that their Bid and
all attachments are received at the Submission Address prior to the
Submission Deadline.
Bidders to commit the minimum tender validity period is 60 days. Bidder
to indicate if tender validity is more than 60 days.
Vendor's email address: (if available) _______________________
SUBMISSION METHODS
a) Bids may only be submitted electronically through www.merx.com.
b) The Bidder will be required to register a user profile with the
online procurement service provider. The submission procedures set out
in the online procurement service provider website shall apply,
including those with respect to Amendment Acknowledgements.
c) Bids submitted by facsimile transmission (fax) or electronic mail
(e-mail) are not permitted and will not be considered.
INQUIRIES
a) All inquiries related to this RFQ must be directed, in writing, on or
before the 4th calendar day before the Submission deadline to:
Subject: RFQ#08Z0028800 Name: VMWARE VSPHERE SUPPORT
E-mail: Vaishnavi.sivaram@gov.mb.ca
b) Inquires should be received no later than four (4) days before
Submission Deadline. If an inquiry is received later than that inquiry
deadline date, Manitoba may respond but is not obligated to provide a
response.
c) If a Bidder has sent an inquiry and has not received any
acknowledgement, the Bidder should follow up with Manitoba. In any
event, Manitoba is not responsible if a Bidder's inquiry does not reach
Manitoba by the requisite date shown above.
d) Only information provided in writing by the Manitoba contact above
will be binding on Manitoba. Information provided verbally will not be
binding on Manitoba.
e) If Manitoba, in its sole discretion, determines that an inquiry will
be of interest to all Bidders, it will be communicated in writing to all
Bidders. The source of the inquiry will be kept confidential.
f) If a Bidder requires additional information or explanation concerning
any lack of clarity, apparent error, ambiguity, or possible conflict in
General Terms and Conditions, the Bidder shall inquire of Manitoba,
before the deadline for inquiries. Manitoba will review such inquiries
and communicate any subsequent clarifications to the Agreement via
addendum.
AMENDMENT OR WITHDRAWAL OF BID
Bidders may amend Bids submitted in response to this RFQ prior to the
Submission Deadline by submitting an amendment clearly identifying the
change or by submitting a new Bid that clearly indicates that it is to
replace the Bid previously submitted by the Bidder.
Bidders may withdraw a Bid by submitting a request to withdraw in
writing to Manitoba by no later than the Submission Deadline. All
amendments to, or requests to withdraw, a submitted Bid must be in
writing submitted to Manitoba at the Submission Address. All such
amendments or requests must be signed by the Bidder or an authorized
representative of the Bidder who has the authority to bind the Bidder.
Any amendment or request to withdraw received after the Submission
Deadline will not be accepted
It is solely the Bidder's responsibility to ensure that any amendment or
request to withdraw is received at the Submission Address prior to the
Submission Deadline.
QUOTATION EVALUATION
The lowest overall price of an acceptable item in accordance with the
terms & conditions of the RFQ will be awarded the order.
For the purpose of evaluation, prices for the optional years and price
breaks will not be considered in determining the overall total price
Failure to provide adequate information to evaluate the item offered may
be cause for rejection of your quite by Manitoba.
TERMINATION
Manitoba may, in its sole discretion, immediately terminate the Contract
or a Purchase Order in writing if:
a) The Vendor fails to properly fulfill, perform, satisfy and carry out
each and every one of its obligations under the Contract or the Purchase
Order; or
b) The Vendor fails or refuses to comply with a verbal or written
request or direction from Manitoba within thirty (30) days of receiving
the request or direction; or
c) The Vendor becomes 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
Vendor's 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 Contract or a Purchase
Order.
Manitoba may, in its sole discretion, terminate the Contract or a
Purchase Order at any time by giving at least thirty (30) days written
notice to the Vendor prior to the intended termination date. Termination
of a Purchase Order will not constitute termination of the Contract or
any remaining Purchase Orders.
Upon the expiry or earlier termination of a Purchase Order, the Vendor
shall cease to perform any further Work under that Purchase Order, and
shall deliver to Manitoba any finished work which has not been delivered
or accepted prior to expiry or termination, together with any materials
and work in progress relating to the Purchase Order. Manitoba shall be
under no obligation to the Vendor other than to pay, upon receipt of an
invoice and supporting documentation satisfactory to Manitoba, such
compensation as the Vendor may be entitled to receive under that
Purchase Order and Contract for Work completed to the satisfaction of
Manitoba up to the effective date of termination.
Upon the expiry or earlier termination of the Contract, the Vendor shall
cease to perform any further Work. Manitoba shall be under no obligation
to the Vendor other than to pay, upon receipt of an invoice and
supporting documentation satisfactory to Manitoba, such compensation as
the Vendor may be entitled to receive under the Contract and the
applicable Purchase Order(s) for Work completed to the satisfaction of
Manitoba up to the effective date of termination.
REPRESENTATIONS AND WARRANTIES OF THE VENDOR
The Vendor represents and warrants that:
a) The Vendor possesses the necessary personnel, skills, expertise and
experience to perform the Work in accordance with the provisions of the
Contract;
b) The Vendor understands Manitoba's requirements under the Contract and
will be able to satisfy these requirements;
c) If the Vendor is a corporation:
i. It is a valid and existing corporation, duly registered under the
laws of Canada to carry on business in Manitoba;
ii. It has the corporate power and authority to enter into and deliver,
and perform the obligations of the Vendor under the Contract;
iii. All necessary corporate actions or other proceedings have been
taken to authorize the Vendor to enter into and deliver, and perform the
obligations of the Vendor under the Contract; and
d) If the Vendor is a partnership or a band, as that term is defined in
the Indian Act all necessary actions or proceedings have been taken to
authorize the Vendor to enter into and deliver, and perform the
obligations of the Vendor under the Contract.
The Vendor acknowledges that Manitoba has entered into the Contract
relying on the above representations and warranties. The Vendor agrees
to advise Manitoba of any event, condition or circumstance occurring
during the term of the Contract that would make a representation or
warranty made untrue or misleading if the Vendor were required to make
it at the time of the occurrence.
CONFIDENTIAL INFORMATION
While the Contract is in effect, and at all times thereafter, the Vendor
and any officers, employees or agents of the Vendor
a) Shall treat as confidential all information, documents and materials,
including (without limitation) all data, research, reports, drawings,
designs, plans, photographs and other materials, acquired or to which
access has been given in the course of, or incidental to, the
performance of the Work or terms of the Contract;
b) Shall not, without first obtaining written permission from Manitoba
i. Use, or permit use of, the information, documents and materials
described in clause a) except for the proper performance of the Vendor's
obligations under the Contract, or
ii. Disclose, or permit disclosure of, the information, documents and
materials described in clause (a) to any person, corporation or
organization; and
c) Shall comply with any rules or directions made or given by Manitoba
with respect to safeguarding or ensuring the confidentiality of the
information, documents and materials described in clause a)
It is acknowledged that the prohibition against disclosure, as mentioned
in clause (c) shall not apply where disclosure is required by law or
court order or for law enforcement purposes
RIGHT TO REISSUE RFQ
Manitoba reserves the right to reissue the RFQ where, in Manitoba's sole
opinion, none of the Bids submitted in response to the RFQ warrant
acceptance or where it would not be in the best interests of Manitoba to
accept any of the Bids. Costs incurred in the presentation and
submission of a quote shall be borne entirely by the Bidder. Manitoba
shall not reimburse any bidders for any costs if the RFQ is cancelled or
reissued.
AUTHORIZED VENDOR
Manitoba reserves the right, prior to any contract award, to secure
evidence to Manitoba's satisfaction that any bidder is the manufacturer
or an authorized distributor, dealer or retailer of the goods/services
offered and is authorized to sell these goods/services in Manitoba,
Canada and upon request will provide Manitoba with written evidence
thereof.
PRICES, INVOICING AND PAYMENT
a) Manitoba will pay the prices stated in the Purchase Order for the
Work, plus applicable taxes. The prices are deemed to be in Canadian
dollars unless otherwise specified in the Purchase Order or agreed to in
writing by Manitoba.
b) Provided that the Work has been performed to Manitoba's satisfaction
in accordance with the Contract, Manitoba will endeavor to pay the
Vendor any fees due within 60 days after the receipt and approval of an
invoice, unless otherwise mutually agreed upon.
c) All invoices shall be issued in writing and satisfactory to Manitoba
in both form and content. The Vendor shall also provide to Manitoba such
supporting documents, vouchers, statements and receipts as requested by
Manitoba.
d) Those amounts invoiced and approved that have not been paid by
Manitoba within sixty (60) days after approval shall bear interest in
accordance with the provisions of the Government of Manitoba's Financial
Administration Manual issued under the authority of The Financial
Administration Act from the 61st day after the date of approval until
payment is made.
e) Notwithstanding any other provision of the Contract, the payment of
any fees by Manitoba is conditional upon:
i. There being an appropriation of funds available from the Legislature
of the Province of Manitoba for payments by Manitoba in the fiscal year
in which they are required to be paid by Manitoba; and
ii. The Vendor complying with its obligations under the Contract
GOODS AND SERVICES TAX
Manitoba certifies that the fees payable to the Vendor for the Work
being provided pursuant to the Contract are being purchased with Crown
funds for the benefit of the Government of Manitoba and are therefore
are not subject to the payment of the federal goods and services tax
(GST). Manitoba's GST number is R107863847. The Vendor warrants that the
GST shall not be included in any invoice provided or claim for payment
made under the Contract.
Proposed Delivery Address:
As indicated on the Purchase Order
TENDERS TO BE RETURNED TO:
Submission: MERX.com
