Reference Number     MB-MBPB-04R-00306
Solicitation Number     04R0022634
Organization Name     Manitoba Infrastructure and Transportation
Procurement Services Branch

Source ID     PV.MN.MB.498.C6
Associated Components     Yes

Dates

Published     2015-04-01
Revised
Closing     2015-04-16 12:00 PM

Details

Category     Custodial Operations and Related Services
GSINS     K199J: LOCKSMITH SERVICES
Region of Delivery
Region of Opportunity
Agreement Type
Tender Type     Invitation to Tender (ITT)
Estimated Value
Solicitation Method

Notice Description

REPAIR/MAINTENANCE OF SECURITY LOCKS

ISSUING DEPARTMENT: Procurement Services Branch

DATE ISSUED: 01/04/2015
ISSUED BY: Shelley Harrower
TELEPHONE: 204 945-6348

This is a TERM CONTRACT for (2) TWO YEARS for repairs and maintenance of the existing door and lock system at MYC, starting May 1, 2015 to April 30, 2017.

This contract does not include any new initatives with the door controls and locking systems undertaken by Community Safety at MANITOBA YOUTH CENTRE.

PLEASE NOTE:
ALL BIDDERS MUST ATTEND A MANDATORY SITE VISIT
ALL BIDDERS MUST CONTACT DAVID COOPSAMMY – COMMUNITY SAFETY 204-945-5271 TO SCHEDULE SITE VISIT. NO TOURS WILL BE GRANTED WITHOUT PRIOR APPROVAL

SITE VISIT DATE:

MONDAY APRIL 13, 2015 1:30 PM TO 2:30 PM @
MANITOBA YOUTH CENTRE
170 DONCASTER ST
WINNIPEG MB

NOTE:
Departmental Contact: SHELLEY HARROWER, C.I.M.
– phone (204) 945-6348

Please contact the individual noted above if additional information or clarification is required on the following items.

Bidder must indicate if you are able to meet the requested delivery date of MAY 1, 2015 TO APRIL 30, 2017 yes ____ OR no ____

If NO, then indicate a realistic delivery as follows:

Delivery in ___ working days or ____weeks from receipt of the order

ASSOCIATED COMPONENTS:
The Request for Quotation documents are now “free-of-charge” and can be downloaded from MERX. The official MERX document will be considered a valid bid. Printed abstracts from the MERX website will not be accepted and rejected. To obtain the official RFQ document please follow the “Associated Components: Preview/Order” link at the top of this page.

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.

If you have faxed your quote to PSB and wish to confirm that all pages have been received please call our general inquiry line (204) 945-6361

Vendor’s e-mail address: (if available) ____________________

Quantity clarification – quantity listed contains 2 or 3 decimals

_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE

========================================================
ITEM 10 30/04/2017
1,500.000 Hour GSIN: K199JMATERIAL: 50000420 LOCKSMITH SERVICE – LABOUR COST PER HOUR

PLEASE PROVIDE HOURLY RATE AND RESPONSE TIME:

REGULAR RATE $____________ PER HOUR

RESPONSE TIME ___________ HOURS

OVERTIME RATE $__________ PER HOUR

RESPONSE TIME __________HOURS

EMERGENCY RATE $__________PER HOUR

RESPONSE TIME _________ HOURS

========================================================
ITEM 20 30/04/2017
100,000.00 Dollar GSIN: K199JMATERIAL: 98932060 LOCKSMITH SERVICES AS DESCRIBED BELOW:

For the purchase of all parts for the repair and maintenance of the locking system at MYC.

Specific requirements:
Demonstrated ability for the installation and repair including retrofit of a broad scope of locking hardware to include; SS/Airteq/National security style pneumatic/electric/mechanical 5500 series, SS 10300 series, SS 51 series, Solenoid operated deadlatches, SS9000 electric mortise systems, Paracentric keys and cylinders, Mogul Keys and cylinders, Abloys keys and cylinders, Sargeant keys and cylinders, Schlage keys and cylinders, tubular key systems and other key /lock systems as required.

the above items listed will be required from time to time

and shall be provided at a ___________ % discount from

current __________, trade ___________, list ___________,

jobber_________, other_________, (please specify) price list.

========================================================
ITEM 30 30/04/2017
15,000.00 Dollar GSIN: K199JMATERIAL: 98932060
LOCKSMITH SERVICES AS DESCRIBED BELOW:

Must be able to cut and supply the following types of keys and hardware:
Paracentric keys and cylinders Mogul Keys and cylinders
Abloy keys and cylinders – Abloy key supplied MUST conform to Manitoba Government MIT coding. Protective Services and Community Safety Division to provide as required.

Schlage keys and cylinders Tubular key systems
Other keys and lock hardware as determined by Community Safety Division. The Division reserves the right to reduce or eliminate any of the above at any time for security and operations.

ALL BIDDER’S MUST ATTACH PROOF OF CERTIFICATIONS AND ANY RELATED AUTHORIZATIONS FOR WORKING ON ABOVE NOTED SYSTEMS WITH THEIR BID documents.
CERTIFICATION PROVIDED: YES ______ NO__________

PLEASE NOTE:
Bidder’s not providing proof will be eliminated from this opportunity.

========================================================

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:
Each Bidder is requested to submit one (1) original quotation (marked as “Original”) to the Procurement Services Branch no later than 12:00 p.m. CST (local Winnipeg time) on THURSDAY APRIL 16, 2015.

Quotations or partial quotations received after this time shall not be considered. Quotations sent by electronic mail (e-mail) shall not be considered.

Quotations may be submitted by courier, personal delivery, facsimile transmission, or sent through Canada Post. Quotations submitted by courier, personal delivery or Canada Post shall be enclosed in a sealed envelope or package clearly addressed, marked to the attention of the person indicated below, and labeled with the RFQ solicitation number and the Bidder’s name and address.

If the Quotation is submitted by facsimile transmission, it should have a cover sheet clearly indicating the Quotation reference number and the Bidder’s name and address, and marked to the attention of the person indicated.

All components of the RFQ must be fully completed and submitted by the Bidder no later than the submission deadline to the address or facsimile number indicated.

Submission Address and Facsimile Number:
ATTN: SHELLEY HARROWER, PURCHASING OFFICER
PROCUREMENT SERVICES BRANCH
MANITOBA INFRASTRUCTURE & TRANSPORTATION
2ND FLOOR – 270 OSBORNE STREET NORTH
(BETWEEN ST. MARY & YORK AVENUES)
WINNIPEG, MANITOBA, R3C 1V7
FACSIMILE (204) 945-1455

Manitoba is not responsible if it fails to receive a Quotation submitted by facsimile transmission before the submission deadline due to a mechanical or system problem, failure or non-availability (regardless of whether the problem, failure or non-availability was caused by Manitoba’s or the Bidder’s machines or systems), or due to any other reason.

Quotations submitted by facsimile transmission will be deemed to have been received on the date and at the time indicated by Manitoba’s equipment, as applicable.

Bidders are responsible for ensuring that Manitoba has received their quotation and that the quotation has been received by Manitoba prior to the submission deadline. Bidders may verify delivery of their facsimile quote by contacting the PSB General Inquiry line at (204) 945-6361.

Bids received after the Submission Deadline will not be considered and returned to the Bidder.

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.

SPECIFICATIONS:
This requisition is to establish an two year outline agreement for repairs and maintenance of the existing door and lock system at MYC, starting May 1, 2015 to APRIL 30, 2017.
This contract does not include any new initatives with the door controls and locking systems undertaken by Community Safety at MYC.

Commercial keyways are often encountered installed within the body of a custodial lock and therefore the succesful candidate must be able to not only work with custodial locks but be able to retrofit/manufacture parts to create functioning lockins systems for unique and specific applications within the custodial environment.

Vendor must:
Be able to install/repair Von Duprin and HES electric strike locks.
Be able to trouble shoot and repair PLC touch screen systems. Be able to trouble shoot and repair electronic panels for lock release systems
Be able to trouble shoot and repair DPS and interlock function

Specific requirements:
Demonstrated ability for the installation and repair including retrofit of a broad scope of locking hardware to include;SS/Airteq/National security style pneumatic/electric/mechanical 5500 series, SS 10300 series, SS 51 series, Solenoid operated deadlatches,SS9000 electric mortise systems, Paracentric keys and cylinders, Mogul Keys and cylinders, Abloys keys and cylinders, Sargeant keys and cylinders, Schlage keys and cylinders, tubular key systems and other key /lock systems as required.

Must be certified as high security locksmith with credentials from either a goverment body or recognised locksmith institute able to issue certification.
Must be factory certified on Folger Adams/Southern Steele custodial locks and hardware.
Must be factory certified on Abloy keys and locking systems and be able to supply, repair and install Abloy hardware.
Vendor must be able to provide Abloy keys, as specified by Community Safety Division.
Any electrical work required must be authorized Community Safety Division and MIT.

Must supply copies of all certification documents with their tender document.

Must have a minimum of five years locksmithing experience in a correctional or high security environment. Please provide three references including contact name and information at the time of tendering.

Must have a clear criminal record and is able to pass security background checks in any facility as required.

Must have all tools and diagnostic equipment required for the maintenance, repair and upkeep for existing custodial hardware within the facility.

Must include hourly quotes for all regular and overtime/weekend work performed.

Must state the maximum response time for emergency service at the facility.

PLEASE NOTE:
ALL BIDDERS MUST ATTEND A MANDATORY SITE VISIT

PLEASE NOTE:
ALL BIDDERS MUST ATTEND A MANDATORY SITE VISIT
ALL BIDDERS MUST CONTACT DAVID COOPSAMMY – COMMUNITY SAFETY 204-945-5271 TO SCHEDULE SITE VISIT.
NO TOURS WILL BE GRANTED WITHOUT PRIOR APPROVAL

DATE: MONDAY APRIL 13, 2015 1:30 PM TO 2:30 PM @
MANITOBA YOUTH CENTRE
170 DONCASTER ST
WINNIPEG MB

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.

Tenders will be evaluated based on:
– Delivery
– 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. Failure to provide adequate information to evaluate the item offered may be cause for rejection of your quote by the Manitoba Government (Manitoba).

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.

Product(s) shall be supplied as specified on the 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.

If additional information is required and/or for approval of alternative products please call the Contact at the phone number indicated above.

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.

Supplier must have a local warehouse in Winnipeg, Manitoba to facilitate emergency maintenance, service and parts by vendor trades personnel.

PLEASE STATE LOCAL WAREHOUSE ADDRESS _________________MANITOBA

Bonded, uniformed vendor employees are required to perform services.

All vendor employees working in any Correctional facility are required to under go a security clearance check, by the Correctional facility, prior to working in the facility.
.

CONFIDENTIALITY:
(A) The contractor will ensyre the confidentiality of any and all documents, materials and information that the Government makes available to them during the period of the agreement.

(B) The contractor will be responsible for the safekeeping of any documents and material made available to them during the term of agtreement and its replacement should it be lost or destroyed while in their care.

The quantities shown are approximate and may vary more or less.

Please quote on all items.
Pricing conditions and/or discounts for parts and accessories must be stated on the tender.
Please quote on any additional charges and service fees that are customary for the vendor to charge, but which may not have been included in this tender requisition (i.e. minimum charges, service call out fees, etc.).
When quoting on labour charges, please indicate regular and overtime hours of work and on site and in shop charges, if different. Please indicate which items are PST exempt, if any. (i.e. in ship labour, service call out fee, etc.)

Any unused portion as of the end of the contract will be considered cancelled.

PLEASE NOTE:
Any unforeseen price increases must be negotiated with the Procurement Services Branch prior to implementation.

FOB Destination Winnipeg Manitoba.

Supplier must have a local warehouse in Winnipeg, Manitoba to facilitate emergency maintenance, service and parts by vendor trades personnel.

WORKERS’ COMPENSATION :
The Contractor shall be registered with the Workers Compensation Board of Manitoba, shall provide and maintain in good standing workers compensation coverage throughout the term of the Agreement, and shall submit their valid Workers Compensation Firm Number as verification of coverage with their quote submission.
The contractor and all of its employees are insured under the Workers’ Compensation Act of Manitoba,

YES ______ or NO ________

WORKERS COMPENSATION # _____________

Bonded, uniformed vendor employees are required to perform services.

LIABILITY:
(A) The contractor will be required to enter or go on the Manitoba Government and private properties to deliver or pick up goods and preform services/maintenance.
The contractor will assume the full duty, obligation and expense of obtaining all necessary licences, permits and insurance when required.

(B) The contractor shall be liable for any damage or loss to the Manitoba Government occasioned by the act or omissions of the contractors or his agent, or any person the contractor has designated in the performance of the agreement throughout its duration.

(C) The above stipulations shall indemnify the Manitoba Government against loss from any and all claims for personal injury, accidents and property damage occurring during performance of the agreement, including claims of contractors and their employees as well as members of the public.

(D) The contractor shall also be responsible for loss or damage to any item placed in their care and shall indemnify the Manitoba Government against any expense incurred in connection with such loss or damage.

REGULATIONS/TERMINATION:
(A) Any agreement entered into as a result of this tender may be terminated by the Maintoba Government on thirty (30) days written notice.

(B) In addition to its termination right under clause (A) above, the Manitoba Government may terminate any agreement entered into as a result of this request for proposal on twenty-four (24) hours notice in the event that the contractor defaults on any of the terms and conditions contained herein and fail to remedy the default immediately upon being requested to do so by the Manitoba Government.

CONFIDENTIALITY:
(A) The contractor will esnure the confidentiality of any and all documents, materials and information that the Government makes available to them during the period of the agreement.

(B) The contractor will be responsible for the safekeeping of any documents and material made available to them during the period of agreement and its replacement should it be lost or destroyed while in their care.

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.

DELIVERY REQUIREMENTS:
Final inspection & acceptance or rejection of products will be made at delivery destination by the user department.

Vendors aware of potential or pending supply difficulties must notify the user department before insufficient supply issues arise.
Yes _____ No _____ Initial __________

Any unused portion, as of the end of the contract, will be considered cancelled.

Pricing is to remain firm for duration of the contract.

If NO indicate: Prices firm until (date)_________________

DELIVERY /SERVICE QUALITY
The length of delivery time and overall service to the end user is important and may be monitored.
Failure to provide acceptable delivery and/or service may result in the cancellation of the balance of the contract

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

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.

For all other general inquiries related to this tender opportunity, please contact SHELLEY HARROWER identified on page one of this tender document.

USAGE REPORTS:
The vendor must provide to Procurement Services Branch an annual contract report indicating the actual usage during each contract year.The date and times for this report will be requested by the Procurement Officer Procurement Service Branch. (Normally the 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 of the contract.
b),,Individual items ordered against the contract but not listed on the contract and the dollar values.

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 the Province of Manitoba, Procurement Services Branch of 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.

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 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).

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. 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.

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.

Aboriginal Business STANDARD
Aboriginal Business STANDARD FOR “GOODS WITH RELATED SERVICES”

DEFINITIONS:
“Aboriginal Business” means a business that is at least 51% aboriginal owned and controlled and, if it has six or more full-time employees, at least one-third of its employees must be Aboriginal persons.
“Aboriginal Business Directory” means a business directory of Aboriginal businesses that meet Manitoba’s definition of an Aboriginal business. ‘Aboriginal Business Standard” means terms and conditions that indicate that Aboriginal business participation is desirable but not mandatory. “Aboriginal Person” means a First Nations, Non-status Indian, Métis or Inuit person who is a Canadian citizen and resident of Canada.

Aboriginal 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 Aboriginal businesses. In that regard, Manitoba developed the Aboriginal Procurement Initiative (API). The objective of API is to increase the participation of Aboriginal businesses in providing goods and services to Manitoba.

Aboriginal Business STANDARD
Aboriginal participation is desired but bids will not be disqualified if there is no Aboriginal business participation.

Aboriginal Business DIRECTORY
Manitoba has established a directory of Aboriginal businesses called the “Aboriginal Business Directory”. This directory is a list of Aboriginal businesses (including non profit organizations and economic development corporations) that have self declared as an Aboriginal Business meeting that definition under the API. It is neither comprehensive nor exhaustive but may be a useful resource to identifying Aboriginal businesses for potential partnering or sub-contracting purposes. Aboriginal businesses not listed in the Directory may also be used.Registration in the Aboriginal Business Directory does not guarantee certification as an Aboriginal business, as business status may change;therefore formal certification is required in the formal tender process.
Aboriginal businesses are encouraged to register by contacting Procurement Services Branch.

For further information on the aboriginal Business Directory,registration forms and access to a copy of the Aboriginal Business
Directory please see the following website:

http://www.gov.mb.ca/mit/psb/api/api bd.html or contact:
Manitoba Infrastructure and Transportation 2nd Floor – 270 Osborne Street N.
Winnipeg, Manitoba
General Inquiry Line
Ph: 204-945-6361
Fax: 204-945-1455

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.

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:

FOB DELIVERY
Delivery Address:

Manitoba Youth Centre
170 Doncaster Street
Winnipeg, MB

Site Contact: Devon Daley – 204 928-7156

TENDERS TO BE RETURNED TO:

Procurement Services Branch
Manitoba Infrastructure and Transportation
2nd Flr – 270 Osborne St. N.
Winnipeg, MB, Canada. R3C 1V7
(or)FAX quote to(204)945-1455

For more information visit www.merx.com