MANITOBA REFERENCE NUMBER: MB-MBPB-08U-00217
ISSUING DEPARTMENT: Procurement Services Branch
DATE ISSUED: 11/02/2020
ISSUED BY: J Youdeowei
TELEPHONE: 204 945-6346
THE FOLLOWING REQUEST FOR QUOTATION IS A ONE YEAR TERM CONTRACT FOR
INTERPRETATIVE SERVICES FOR THE DEAF, DEAF-BLIND AND HARD OF HEARING
PERSONS THAT MAY REQUIRE ASSISTANCE IN ACCESSING ANY MANITOBA GOVERNMENT
SERVICES. COMMENCING APRIL 01, 2020 TO MARCH 31, 2021, WITH AN OPTION TO
EXTEND FOR AN ADDITIONAL ONE YEAR UPON MUTUAL AGREEMENT BY BOTH PARTIES.
NOTE:
CONTACT: JOSEPHINE YOUDEOWEI
PHONE: (204)945-6346
Please contact the individual noted above if additional information or
clarification is required on the following items.
THIS PROCUREMENT IS SUBJECT TO THE CANADIAN FREE TRADE AGREEMENT, CFTA.
TO BE DELIVERED ON AN AS AND WHEN REQUIRED BASIS FOR THE PERIOD
OF THE CONTRACT.
The delivery date (if shown) is actually the end of the contract
TO BE DELIVERED FOB DESTINATION, FREIGHT PREPAID TO VARIOUS LOCATIONS
WITHIN MANITOBA. (Unit prices include all necessary charges e.g.
freight, insurance, handling etc.).
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.
SUBMISSION TERMS AND CONDITIONS
The Bid MUST be signed by a representative of the Bidder with the
authority to bind the Bidder. The name and title of the representative
signing the Bid should also be printed below their signature.
Bids MUST be received at the Submission Address no later than the
closing date and time.
SUBMISSION BY MAIL OR DELIVERY: Bids should be submitted in a sealed
envelope and sent by mail or delivered personally, or by courier to the
Submission Address. The envelope should be clearly marked with the
solicitation number, the closing date and time and the Bidder's name and
return address.
ELECTRONIC SUBMISSION (BY EMAIL OR FAX): Bids submitted by email
should include the solicitation number and the Bidder's name in the
subject line and should be sent in PDF format. Emails approaching 40
Megabytes in size may be rejected by Manitoba's email system. Upon
submitting a Bid by email, Bidders will receive a reply email confirming
that Manitoba has received the Bid. Bidders not receiving a reply email
should contact Procurement Services Branch at 204-945-6361.
While Manitoba may allow for electronic bid submissions, the Bidder
acknowledges that electronic bid submissions are inherently unreliable.
The Bidder bears all risk associated with submitting its Bid by
electronic submission, including but not limited to delays in
transmission between the Bidder's computer or fax machine and Manitoba's
email system or fax machine.
It is the Bidder's sole responsibility to ensure that their Bid and all
attachments are received at the Submission Address before the closing
date and time. Bids received after the closing date and time will be
rejected.
Vendor's e-mail address: (if available) ____________________
Quantity clarification - quantity listed contains 2 or 3 decimals.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES, DEAF
INTERPRETATION
========================================================
ITEM 20 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES, DEAF
TRANSLATION
========================================================
ITEM 30 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES
INTERVENOR
========================================================
ITEM 40 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES
PREPATORY TIME
========================================================
ITEM 50 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES
TRAVELLING TIME
========================================================
ITEM 60 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES
AFTER BUSINESS/EMERGENCY CALL
After business/Emergency services hours
Requests for After business hours or Emergency services are services
provided after regular office hours of 8:00 a.m. to 4:00 p.m. Services
are to be available 24 hours a day, 7 days a week.
Note: After Business Hours, call is same as Emergency Hours calls.
========================================================
ITEM 70 31/03/2021
100,000.000 Hour GSIN: R199EMATERIAL: 50000590
PROFESSIONAL SERVICE, OTHER, HOURLY RATE CHARGE
HEARING IMPAIRED SERVICES
VIDEO REMOTE INTERPRETATION
========================================================
ITEM 80 31/03/2021
100,000.000 Hour GSIN: R199BMATERIAL: 98891060
LEGAL SERVICES AS DESCRIBED BELOW:
HEARING IMPAIRED SERVICES
LEGAL INTERPRETATION
========================================================
ITEM 90 31/03/2021
100,000.000 Hour GSIN: R199BMATERIAL: 98891060
LEGAL SERVICES AS DESCRIBED BELOW:
HEARING IMPAIRED SERVICES
LEGAL PREPATORY TIME
========================================================
ITEM 100 31/03/2021
100,000.000 Kilometer GSIN: N9999MATERIAL: 50002702
KILOMETER CHARGE
MILEAGE IN KM
========================================================
ITEM 110 31/03/2021
50,000.00 Dollar GSIN: R109AMATERIAL: 50002352
HEARING IMPAIRED SERVICES, DEAF, BY DOLLAR:
APPOINTMENT CANCELLATION FEES
Appointment cancellation.
Do you have an Appointment Cancellation policy?
Yes ______ Or No _______
If yes, a copy of the vendor's Cancellation of Appointment policy must
be submitted along with this Request for Quotation for.
Cancellation of appointment must be made within business hours.
========================================================
ITEM 120 31/03/2021
50,000.00 Dollar GSIN: R019FMATERIAL: 50001190
MISCELLANEOUS CONTRACT EXPENSES, INCLUDING BUT NOT LIMITED TO
PER DIEM CHARGE PER DAY IN DOLLARS
========================================================
Terms and Conditions for services may include some Government employees,
and members of the public who avail themselves of the services provided
by the Manitoba Government have special needs as a result of being
physically disabled, print handicapped or Deaf.
These special needs are provided for by each individual department on an
"as required" basis in accordance with their own established policy and
practices.
The number of persons requiring special services is not known at this
time and neither is the scope of services being provided.
Regular service:
Requests for Regular service will normally be made during the hours of
8:00 a.m. to 4:00 p.m., Monday to Friday by sending a released Purchase
order by Authorized departmental personnel.
After business/Emergency services hours
Requests for After business hours or Emergency services are services
provided after regular office hours of 8:00 a.m. to 4:00 p.m. Services
are to be available 24 hours a day, 7 days a week.
Note: After Business Hours, call is same as Emergency Hours calls.
Intent
The intent of this Request for Quotation is to describe what services
are available at what cost. These services, costs, terms and conditions
will be incorporated into a signed agreement between the Manitoba
Government and the provider of the service, hereinafter referred to as
the Contractor.
Services Required
Professional Interpreting Services includes both American Sign Language
(ASL)/English interpretation and Deaf-Blind intervention and involves
the facilitation of communication between Deaf, Deaf-Blind, and hearing
individuals. The agency employs only members of the Association of
Visual Language Interpreters of Canada who adhere to a strict code of
Ethics;
Sign Language Interpretation. An interpreter will be provided to
facilitate communications between Deaf and hearing persons.
Legal interpretation
This refers to interpretation that takes place in a legal setting such
as a courtroom or a lawyer's office, wherein some proceeding or actuary
related to law is conducted). Letters of reference may be required
indicating experience with similar clients.
Definitions
Video Remote Interpretation allows individuals to have access to
interpreting without having an interpreter on site.
Deaf-Blind Intervenor. An Intervenor is a trained professional who acts
as the eyes and ears of the person who is Deaf-Blind.
Prepatory Time
All necessary research required prior to providing the above services in
a governmental legal setting.
Translation
Translation of American Sign Language to written form and vice versa.
Translation will be done on the Contractor's or the department's
premises as required.
The Contractor will provide all materials for the initial translation.
Any hard copy reproduction of the initial translation will be the
responsibility of the user client.
Travelling Time
Defined as the time spent travelling to and from the location
where services are required.
If the location is beyond the confines of the Perimeter Highway of the
City of Winnipeg, mileage will be charged per km for each kilometer
travelled by private automobile to and from the location where services
are required.
Written permission to incur the additional expense must be obtained from
the client requiring service; the Contractor provides satisfactory
receipts or supporting documentation.
Invoicing
Invoices clearly outlining the services provided are to be directed to
the ordering client as per Release Purchase Order.
BIDDER PERFORMANCE & OBLIGATIONS:
Bidder shall possess the necessary personnel, skills, expertise and
experience to perform the Services in a professional manner satisfactory
to Manitoba in accordance with the provisions of Personal Health
Information Act PHIA.
Yes _____ No _____ Initial __________
Liability
The Contractor will be required to enter or go on to Manitoba Government
and private properties to deliver or pick up goods and the Contractor
will assume the full duty, obligation and expense of obtaining all
necessary licenses, permits and insurance when required.
The Contractor shall be liable for any damages or loss to the Manitoba
Government occasioned by the acts or omissions of the Contractor or his
agent, or any person the Contractor has designated in the performance of
the agreement throughout its duration. 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.
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.
Insurance
The Contractor agrees to obtain and maintain throughout the term of this
agreement public liability and property damage insurance against claims
for personal injury, death or damage to property arising out of any of
the operations of the Contractor under this agreement, or as a result of
any of the acts or omissions of the Contractor or any of its officers,
employees or agents. Such insurance shall be in the amount and in a form
satisfactory to Manitoba. Without limiting or restricting, the
generality of sub clause above, such insurance shall: Name Manitoba, its
officers, employees and agents as additional Insureds with respect to
operations performed under the agreement.
Include a cross liability clause and provide coverage for premises and
operations, completed operations, blanket contractual, extended bodily
injury, broad form property damage, and non-owned automobile liability.
Provide ($2,000,000)2 million per occurrence minimum limits of third
party liability. Contain a clause, which states that the insurance will
not cancel, materially alter or cause the policy to lapse without giving
30 days prior notice in writing to Manitoba.
The Contractor shall obtain and maintain throughout the term of this
agreement, automobile public liability and property damage liability
insurance on all licensed vehicles owned/operated by the Contractor with
minimum limits of liability of $1 million per vehicle. The Contractor
shall submit to Manitoba certified copies of general and automobile
public liability and property damage liability policies, or certificates
in lieu thereof, evidencing said insurance at least 14 days prior to the
effective date of the agreement.
The Contractor shall not do or omit to do or suffer anything to be done
or omitted to be done on the said agreement which will in any way impair
of invalidate such policy or policies.
Ownership
Any and all materials produced, as a result of this agreement shall be
the property of the Manitoba Government.
Standards
All services will be provided in strict accordance with the CODE OF
ETHICS as prescribed by the Association of Visual Language Interpreters
of Canada.
Transportation of Material
Shipping costs for material required for transcription as well as the
finished product will be the responsibility of the user department.
Independent Contractor
The Contractor is an independent Contractor and any agreement entered
into as a result of the Request for Quotation does not create the
relationship of employer and employee, or of principal and agent,
between the Manitoba Government and the Contractor or between the
Manitoba Government and any officers, employees or agents of the
Contractor.
PROVISION OF GOODS/SERVICES TO MANITOBA BOARDS, ET AL:
During the term of the Agreement, or any renewal thereof, the Contractor
agrees to offer the goods/services upon written approval of PSC:
a) to corporations, boards commissions, councils, bureaus, agencies or
associations that are controlled by the Government of Manitoba, or all
of the members of which are appointed
by the Government of Manitoba, whether by order-in-council or
legislation or by a Minister of the Government of Manitoba; release of
the purchase order/outline agreement
will be at PSC's discretion; and
b) To agencies that are funded by the Government of Manitoba only, or
suppliers of essential services in the Province of Manitoba.
On the same terms and conditions of the Agreement and at prices that do
not exceed prices charged to Manitoba for the goods/services. It shall
be in the sole discretion of such entity whether or not it wishes to
receive the benefit of this provision. If an entity wishes to avail
itself of this provision, it may do so directly by issuing its own
Release Purchase order to the Contractor, in which case any agreement
resulting from said Release Purchase Order.
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.
The lowest price on any item will not necessarily be accepted.
Quality, appearance and yield of product offered will be considered.
Past performance of vendors and service provided to the facilities will
be considered.
TENDER EVALUATION:
Generally the lowest overall price of an item(s) in accordance with the
terms & conditions of the RFQ will be awarded the contract. However,
other factors as stipulated below (in no particular order) will be
considered when awarding a contract.
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).
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.
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.
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
PSC 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.
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.
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.
A packing slip MUST accompany shipment. All packing slips, exterior
labelling and invoices must reference the Purchase Order number.
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
USAGE REPORTS:
The vendor must provide Periodical Contract Reports to various
Government departments indicating the actual usage during each contract
year.
The frequency for these reports will be determined by the Departments
based on their needs.
These reports may vary from each departments.
The Reports must show:
a),,The quantity, Interpretive Services rendered by line items and the
dollar values of the contract.
WORKERS COMPENSATION:
The Vendor 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
provide Manitoba their WCB Number.
WCB Number: ________________________.
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.
All proposals will be kept in the strictest of confidence subject to
such disclosure as may be required under the provisions of "The Freedom
of Information and Protection of Privacy Act" (FIPPA) or "The Personal
Health Information Act" (PHIA).
CONFIDENTIAL INFORMATION:
While the Agreement 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
provision or delivery of the Services or terms of the Agreement;
(b),,Shall not, without first obtaining written permission from Manitoba
<(>,<)>
(i),,use, or permit use of, the information, documents and materials
described in the above clause (a) except for the proper performance of
the Vendor's obligations under the Agreement, or
(ii),,disclose, or permit disclosure of, the information, documents and
materials described in the above 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 the above clause (a).
In addition to the requirements set out in the Indemnity clause, the
Vendor shall comply with the requirements set out in respecting
collection, use, disclosure and protection of personal information.
DEFINITION OF PERSONAL INFORMATION
In this Appendix and in this RFQ, "Personal Information" has the meaning
given to that term in The Freedom of Information and Protection of
Privacy Act of Manitoba (C.C.S.M. c. F175), and includes:
a),,Personal information about an identifiable individual which is
recorded in any manner, form or medium; and
b),,Personal health information about an identifiable individual as
defined in The Personal Health Information Act of Manitoba (C.C.S.M. c.
P33.5).
These statutory definitions are attached at the end of this Appendix.
The requirements and obligations in this Appendix:
a),,Apply to all personal information received, collected or otherwise
acquired by the Vendor in the course of carrying out its obligations
under this Agreement, in whatever manner, form or medium;
b),,Apply whether the personal information was received, collected or
acquired before or after the commencement of this Agreement; and
c),,Continue to apply after the termination or expiration of this
Agreement.
COLLECTION OF PERSONAL INFORMATION BY THE VENDOR
The Vendor recognizes that, in the course of carrying out its
obligations under this Agreement, the Vendor may receive personal
information from Manitoba and may collect, acquire, be given access to
and may otherwise come into possession of personal information about
individuals.
Where the Vendor receives, collects, acquires, is given access to or
otherwise comes into possession of personal information, the Vendor
shall collect only as much personal information about an individual as
is reasonably necessary to carry out the Vendor's obligations under this
Agreement.
Where the Vendor collects or acquires personal information directly from
the individual it is about, the Vendor shall ensure that the individual
is informed of:
a),,The purpose for which the personal information is collected;
b),,How the information is to be used and disclosed;
c),,Who in the Vendor's organization can answer questions the individual
may have about his or her personal information; and
d),,His or her right of access to the information, as set out in the
Vendor's policies under "Access to Personal Information by the
Individual It Is About" Subsection of this Appendix.
ACCESS TO PERSONAL INFORMATION BY THE INDIVIDUAL IT IS ABOUT
The Vendor shall establish a written policy, acceptable to Manitoba
providing individuals whose personal information is received, collected
or acquired by the Vendor under this Agreement with:
a),,A right to examine personal information about themselves which is
maintained by the Vendor, subject only to specific and limited
exceptions; and
b),,A right to request corrections to this personal information.
RESTRICTIONS RESPECTING USE OF PERSONAL INFORMATION BY THE VENDOR
The Vendor shall keep the personal information in strict confidence and
shall use the personal information only for the purpose of properly
carrying out the Vendor's obligations under this Agreement and not for
any other purpose.
The personal information shall be used solely by Vendor personally, or
(where the Vendor is a corporation, business, organization or other
entity) by the officers and employees of the Vendor, except as otherwise
specifically permitted by Manitoba in writing.
The Vendor shall:
a),,Limit access to and use of the personal information to those of the
Vendor's officers and employees, who need to know the information to
carry out the obligations of the Vendor under this Agreement;
b),,Ensure that every use of and access to the personal information by
the Vendor and by the authorized officers and employees of the Vendor is
limited to the minimum amount necessary to carry out the obligations of
the Vendor under this Agreement;
c),,Ensure that each officer and employee of the Vendor who has access
to the personal information is aware of and complies with the
requirements, obligations and fair information practices in this
Appendix; and
d),,Ensure that each officer and employee who has access to the personal
information signs a pledge of confidentiality, satisfactory in form and
content to Manitoba, that includes an acknowledgement that he or she is
bound by the requirements, obligations and fair information practices in
this Appendix and by the Vendor's security policies and procedures and
is aware of the consequences of breaching any of them.
The Vendor shall ensure that:
a),,No person can make unauthorized copies of the personal information;
b),,No person shall disclose the personal information except as
authorized under subsection "Restrictions Respecting Disclosure of
Personal Information by the Vendor" of this Appendix; and
c),,No person can modify or alter the personal information in a manner
which is not authorized.
The Vendor shall not link or match the personal information with any
other personal information, except where necessary to carry out the
obligations of the Vendor under this Agreement.
RESTRICTIONS RESPECTING DISCLOSURE OF PERSONAL INFORMATION BY THE VENDOR
The Vendor shall not give access to, reveal, disclose or publish, and
shall not permit anyone to give access to, reveal, disclose or publish,
the personal information to any person, corporation, business,
organization or entity outside the Vendor's organization, except as
follows:
a),,To Manitoba, and to Manitoba's officers, employees and agents, for
the purposes of this Agreement;
b),,To the individual the personal information is about, upon
satisfactory proof of identity;
c),,To any person, corporation, business, organization or entity with
the voluntary, informed consent of the individual the information is
about;
d),,where the individual the information is about is a child under the
age of 18 years, to the custodial parent or parents or to the legal
guardian of the child, upon satisfactory proof of identity and
authority, provided that the Vendor is of the opinion the disclosure
would not be an unreasonable invasion of the child's privacy;
e),,Where disclosure is required or authorized by legislation;
f),,where disclosure is required by an order of a court, person or body
with jurisdiction to compel production of the personal information or
disclosure is required to comply with a rule of court that relates to
the production of the personal information; or
g),,Where disclosure is necessary to prevent or lessen a serious and
immediate threat to the health or safety of the individual the
information is about or of any other individual or individuals.
Without limiting subsection "Restrictions Respecting Disclosure of
Personal Information by the Vendor" of this Appendix, the Vendor shall
not:
a),,Sell or disclose the personal information, or any part of the
personal information, for consideration; or
b),,Exchange the personal information for any goods, services or
benefit; or
c),,Give the personal information to any individual, corporation,
business, agency, organization or entity for any purpose, including (but
not limited to) solicitation for charitable or other purposes; and shall
not permit any of these activities to take place.
PROTECTION OF THE PERSONAL INFORMATION BY THE VENDOR
The Vendor shall protect the personal information by putting in place
reasonable security arrangements, including administrative, technical
and physical safeguards that ensure the confidentiality and security of
the personal information and protect the personal information against
such risks as use, access, disclosure or destruction which are not
authorized under this Appendix. These security arrangements shall take
into account the sensitivity of the personal information and the medium
in which the information is stored, handled, transmitted or transferred.
Without limiting subsection "Protection of the Personal Information by
the Vendor" of this Appendix:
a),,Where personal information is in paper form, on diskette or other
removable media, the Vendor shall ensure that:
i),,The paper records, diskettes and removable media used to record the
personal information are kept in a physically secure area and are
subject to appropriate safeguards<(>,<)>
ii),,The personal information is accessible only to those of the
Vendor's officers and employees who need to know the personal
information to carry out the obligations of the Vendor under this
Agreement, and
iii),,The paper records, diskettes and removable media used to record
the personal information are stored securely when not in use;
b),,Where personal information is stored in electronic format, the
Vendor shall:
i),,Ensure that the computer system or computer network on which the
personal information is stored is secure and is accessible only to
officers and employees of the Vendor who need to know the personal
information to carry out the obligations of the Vendor under this
Agreement<(>,<)>
ii),,Ensure that the personal information is protected by a series of
passwords to prevent unauthorized access, and
iii),,Limit access to and use of these passwords to those of the
Vendor's officers and employees who need to know the personal
information to carry out the obligations of the Vendor under this
Agreement.
When disposing of any paper records and media containing a record of the
personal information, the Vendor shall destroy the paper records or
erase or destroy any personal information contained on the media in a
manner which adequately protects the confidentiality of the personal
information.
The Vendor shall establish and comply with written policies and
procedures respecting the use of, access to, disclosure, protection and
destruction of the personal information which shall be consistent with
and reflect the requirements of this Appendix. These security policies
and procedures shall include:
a),,Provisions for identifying and recording security breaches and
attempted security breaches; and
b),,Corrective procedures to address security breaches.
The Vendor shall, immediately upon becoming aware of any of the
following, notify Manitoba in writing of any use of, access to,
disclosure or destruction of personal information which is not
authorized by this Appendix, with full details of the unauthorized use,
access, disclosure or destruction. The Vendor shall immediately take
all reasonable steps to prevent the recurrence of any unauthorized use,
access, disclosure or destruction or the personal information and shall
notify Manitoba in writing of the steps taken.
The Vendor shall provide training for its officers and employees about
the requirements of this Appendix and the Vendor's security policies and
procedures.
The Vendor shall comply with any regulations made, policies issued and
reasonable requirements established by Manitoba respecting the
protection, retention or destruction of the personal information.
DESTRUCTION OF PERSONAL INFORMATION BY THE VENDOR
After the personal information has been used for its authorized purpose,
or where destruction of the personal information is requested by
Manitoba or is required by this Agreement, the Vendor shall destroy the
personal information (and all copies of the personal information in any
form or medium) in a manner which adequately protects the
confidentiality of the personal information.
INSPECTIONS BY MANITOBA
Manitoba and its representatives may carry out such inspections or
investigations respecting the Vendor's information practices and
security arrangements as Manitoba considers necessary to ensure the
Vendor is complying with the terms and conditions of this Appendix and
that the personal information is adequately protected. The Vendor shall
co-operate in any such inspection or investigation, and shall permit
Manitoba and its representative's access, at all reasonable times, to
the Vendor's premises and to records and information relating to the
Vendor's information practices and security arrangements or to this
Appendix for these purposes.
If an inspection or investigation identifies deficiencies in the
Vendor's information practices or security arrangements which expose the
personal information to risk of unauthorized use, disclosure or
destruction, the Vendor shall take reasonable steps to promptly correct
the deficiencies to Manitoba's satisfaction.
DESTRUCTION OF PERSONAL INFORMATION ON EXPIRATION OR TERMINATION OF
AGREEMENT
On expiration or termination of this Agreement for any reason, the
Vendor shall, unless otherwise directed by Manitoba, destroy the
personal information (including all copies of the personal information
in any form or medium) in a manner which adequately protects the
confidentiality of the personal information.
At the end of the contract term, the Vendor shall destroy all related
documentation and provide Manitoba with official notification (i.e.
"Certificate of Destruction"). The Vendor shall have the documents
shredded by a reputable shredding company. The Vendor shall not recycle
the documents, send to a paper recycling program, or sent directly to a
landfill.
STATUTORY DEFINITIONS OF PERSONAL INFORMATION AND PERSONAL HEALTH
INFORMATION
"PERSONAL INFORMATION" means recorded information about an identifiable
individual, including:
a),,The individual's name<(>,<)>
b),,The individual's home address, or telephone, facsimile or e-mail
number<(>,<)>
c),,Information about the individual's age, sex, sexual orientation,
marital or family status<(>,<)>
d),,Information about the individual's ancestry, race, colour,
nationality, or national or ethnic origin<(>,<)>
e),,Information about the individual's religion or creed, or religious
belief, association or activity<(>,<)>
f),,Personal health information about the individual<(>,<)>
g),,The individual's blood type, fingerprints or other hereditary
characteristics<(>,<)>
h),,Information about the individual's political belief, association or
activity<(>,<)>
i),,Information about the individual's education, employment or
occupation, or educational, employment or occupational history<(>,<)>
j),,Information about the individual's source of income or financial
circumstances, activities or history<(>,<)>
k),,Information about the individual's criminal history, including
regulatory offences<(>,<)>
l),,The individual's own personal views or opinions, except if they are
about another person<(>,<)>
m),,The views or opinions expressed about the individual by another
person, and
n),,An identifying number, symbol or other particular assigned to the
individual.
"PERSONAL HEALTH INFORMATION" means recorded information about an
identifiable individual that relates to:
a),,The individual's health, or health care history, including genetic
information about the individual<(>,<)>
b),,The provision of health care to the individual, or
c),,Payment for health care provided to the individual, and includes
d),,The PHIN and any other identifying number, symbol or particular
assigned to an individual, and
e),,Any identifying information about the individual that is collected
in the course of, and is incidental to, the provision of health care or
payment for health care.
"HEALTH CARE" means any care, service or procedure:
a),,Provided to diagnose, treat or maintain an individual's physical or
mental condition<(>,<)>
b),,Provided to prevent disease or injury or promote health, or
c),,That affects the structure or a function of the body, and includes
the sale or dispensing of a drug, device, equipment or other item
pursuant to a prescription.
"PHIN" means the personal health identification number assigned to an
individual by the minister to uniquely identify the individual for
health care purposes.
The provision of these services should be in accordance with the
following decision of the Supreme Court of Canada:
THE ELDRIDGE DECISION AND THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Under s. 15(1) of the Charter, government has an obligation to ensure
that the laws it makes protect against direct, as well as adverse
effects of discrimination - such as denying an individual equal
protection, and benefit of the law. Every individual is equal before and
under the law and has the right to the equal protection and equal
benefit of the law without discrimination. In addition, s. 15(1)
#require[s] that the government not be the source of further inequality.
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.
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
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. 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.
INDIGENOUS BUSINESS STANDARD FOR "GOODS WITH RELATED SERVICES"
DEFINITIONS:
"Indigenous Business" means a business that is at least 51% Indigenous
owned and controlled and, if it has six or more full-time employees, at
least one-third of its employees must be Indigenous persons.
"Indigenous Business Directory" means a business directory of Indigenous
businesses that meet Manitoba's definition of an Indigenous business.
'Indigenous Business Standard" means terms and conditions that indicate
that Indigenous business participation is desirable but not mandatory.
"Indigenous Person" means a First Nations, Non-status Indian, Métis or
Inuit person who is a Canadian citizen and resident of Canada.
INDIGENOUS PROCUREMENT INITIATIVE:
Manitoba is committed to community economic development as a key
component of its economic strategy. It intends to develop a provincial
economy that is more inclusive, equitable and sustainable.
Procurement practices are one means that can be used to contribute to
the growth of Indigenous businesses. In that regard, Manitoba developed
the Indigenous Procurement Initiative (IPI). The objective of IPI is to
increase the participation of Indigenous businesses in providing goods
and services to Manitoba.
INDIGENOUS BUSINESS STANDARD:
Indigenous participation is desired but bids will not be disqualified if
there is no Indigenous business participation.
INDIGENOUS BUSINESS DIRECTORY:
Manitoba has established a directory of Indigenous businesses called the
"Indigenous Business Directory". This directory is a list of Indigenous
businesses (including non profit organizations and economic development
corporations) that have self declared as an Indigenous Business meeting
that definition under the IPI. It is neither comprehensive nor
exhaustive but may be a useful resource to identifying Indigenous
businesses for potential partnering or sub-contracting purposes.
Indigenous businesses not listed in the Directory may also be used.
Registration in the Indigenous Business Directory does not guarantee
certification as an Indigenous business, as business status may change;
therefore formal certification is required in the formal tender process.
Indigenous businesses are encouraged to register by contacting
Procurement Services Branch.
For further information on the Indigenous Business Directory<(>,<)>
registration forms and access to a copy of the Indigenous Business
Directory please see the following website:
http://www.gov.mb.ca/finance/PSC/api/api bd.html or contact:
Manitoba Finance
Procurement Services Branch
2nd Floor - 270 Osborne Street N.
Winnipeg, Manitoba
General Inquiry Line
Ph: 204-945-6361
Fax: 204-945-1455
For all other general inquiries related to this tender opportunity,
please contact the name of the individual(s) identified on page one of
this tender document.
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:
As per Release Purchase Order
TENDERS TO BE RETURNED TO:
Submission Address:
Procurement & Supply Chain
Manitoba Finance
2nd Flr # 270 Osborne St. N.
Winnipeg, MB, Canada R3 C 1V7
or) Fax to (204) 945-1455
or) Email to bids@gov.mb.ca
