MANITOBA REFERENCE NUMBER: MB-MBPB-AAS-00528
ISSUING DEPARTMENT: Procurement and Supply Chain
DATE ISSUED: 10/11/2022
ISSUED BY: GoM PSC
TELEPHONE: 204 945-6361
The following is a 2 year term contract for 2022/24 for Materials
Distribution Agency (MDA), Government of Manitoba for the term of:
December 01, 2022 to November 30, 2024
MDA reference #0800000649- MDA, PERSONAL CARE
NOTE: It is important that you read the "Terms & Conditions" at the end
of this document, prior to commencing this RFQ, as they contain specific
instructions which may impact your ability to submit a quotation.
THIS PROCUREMENT IS SUBJECT TO THE CANADIAN FREE TRADE AGREEMENT.
GENERAL TERMS & CONDITIONS:
Bidders must "login" to MERX to access the General Terms & Conditions
which apply to this RFQ, in addition to those shown below. After
"login" follow the links: Information -> Government Publications ->
Manitoba Terms and Conditions -> Request for Quotation.
SUBMISSION TERMS AND CONDITIONS:
The Bid MUST be signed by a representative of the Bidder with the
authority to bind the Bidder. The name and title of the representative
signing the Bid should also be printed below their signature.
Vendor's e-mail address: (if available) ____________________
CLARIFICATION / INQUIRIES:
It is the Bidder's responsibility to clarify interpretation of any item
of the RFQ document before the RFQ closing date.
For tender inquiries, submission information, enquiries, clarification
and/or additional information regarding any aspect of the products may
be sent by e-mail and to be directed only to the individual specified
below:
Adeseye Oshoniyi
EMAIL: Adeseye.oshoniyi@gov.mb.ca
DDP/FREIGHT:
To be delivered DDP DESTINATION FREIGHT PREPAID to:
Materials Distribution Agency
Unit 7 # 1715 St. James Street
Door 10
Winnipeg, MB
R3H 1H3
The unit prices quoted above shall include all necessary charges,
freight, insurance, handling etc. to show a total landed cost. If any
charges are not included please explain in detail any/all charges which
will be extra to the unit prices quoted and will be charged on the
invoice.
FAILURE TO PROVIDE ADEQUATE INFORMATION TO EVALUATE THE ITEM OFFERED MAY
BE CAUSE FOR REJECTION OF YOUR QUOTE BY THE MANITOBA GOVERNMENT
(MANITOBA).
THE LOWEST PRICE ON ANY ITEM WILL NOT NECESSARILY BE ACCEPTED.
HOW DO YOU PREFER TO RECEIVE THE PURCHASE ORDERS FROM MDA BY
EMAIL__________ OR PHONE_______________
QUANTITY CLARIFICATION:
Quantity listed contains 2 or 3 decimals.
_________________________________________________________________________
ITEM QTY DESCRIPTION DELIVERY
NO. DATE
========================================================
ITEM 10 30/11/2024
1,440.000 Jar GSIN: N8520MATERIAL: 25002
ZINC OXIDE, CREAM PROTECTANT, 130 G JAR, IHLE PASTE WITH PETROLATUM,
PFIZER (ZINCOFAX), TEVA
NO SUBSTITUTION
A) MINIMUM RELEASE QUANTITY: 120
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS:____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Identify:
Product package quantity _______________
Case quantity _________________________
Medical Device License # (if applicable)
________________________________
Please quote firm price based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 and 2 as follows:
Year 1 $ _____________ December 01, 2022 to November 30, 2023
Year 2 $ _____________ December 01, 2023 to November 30, 2024
========================================================
ITEM 20 30/11/2024
12.000 Jar GSIN: N8520MATERIAL: 45920
ZINC OXIDE, SKIN PROTECTANT, EXTRA STRENGTH, 40% ZINC OZIDE, CONTAINS
LANOLIN & MINERAL OIL & PETROLATUM, CREAMY OINTMENT, TO TREAT DIAPER
RASH AND PROMOTE HEALING, 100 G JAR,
PFIZER (ZINCOFAX)
NO SUBSTITUTION
A) MINIMUM RELEASE QUANTITY: 1
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS:____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Identify:
Product package quantity _______________
Case quantity _________________________
Medical Device License # (if applicable)
________________________________
Please quote firm price based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 and 2 as follows:
Year 1 $ _____________ December 01, 2022 to November 30, 2023
Year 2 $ _____________ December 01, 2023 to November 30, 2024
========================================================
ITEM 30 30/11/2024
4.000 Case GSIN: N8530MATERIAL: 56212
CLIPPER, TOENAIL, STRAIGHT CUT, WITHOUT NAIL FILE, 144 PER CASE,
DAWNMIST #TNC3299
A) MINIMUM RELEASE QUANTITY: 1
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS:____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Identify:
Product package quantity _______________
Case quantity _________________________
Medical Device License # (if applicable)
________________________________
Please quote firm price based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 and 2 as follows:
Year 1 $ _____________ December 01, 2022 to November 30, 2023
Year 2 $ _____________ December 01, 2023 to November 30, 2024
========================================================
ITEM 40 30/11/2024
600.00 Each GSIN: N8530MATERIAL: 57633
CLIPPER, TOENAIL, WITH NAIL FILE, 1 EACH PER BOX,
ALMEDIC #A4-238, DAWNMIST #TNC3282
A) MINIMUM RELEASE QUANTITY: 150
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS:____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Identify:
Product package quantity _______________
Case quantity _________________________
Medical Device License # (if applicable)
________________________________
Please quote firm price based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 and 2 as follows:
Year 1 $ _____________ December 01, 2022 to November 30, 2023
Year 2 $ _____________ December 01, 2023 to November 30, 2024
========================================================
ITEM 50 30/11/2024
100.00 Each GSIN: N8520MATERIAL: 57972
CAP, ONE PIECE, SHAMPOO AND CONDITIONING, DISPOSABLE, RINSE FREE
FORMULA, LATEX FREE, ALCOHOL FREE, ELIMINAES ODOR, LEAVES HAIR FRESH AND
CLEAN, READY TO USE,
CLEAN LIFE #02000, STEVENS #596-02000
A) MINIMUM RELEASE QUANTITY: 25
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS:____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Identify:
Product package quantity _______________
Case quantity _________________________
Medical Device License # (if applicable)
________________________________
Please quote firm price based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 and 2 as follows:
Year 1 $ _____________ December 01, 2022 to November 30, 2023
Year 2 $ _____________ December 01, 2023 to November 30, 2024
========================================================
ITEM 60 30/11/2024
20.00 Each GSIN: N6530MATERIAL: 60370
BASIN, SHAMPOO, INFLATABLE, HEAVY DUTY VINYL, 28 IN X 24 IN X 6 IN,
INCLUDES 4 FOOT DRAIN HOSE, PLUG AND INSTRUCTIONS,
PARSONS #16B098A, ACCESS #B1005DB
A) MINIMUM RELEASE QUANTITY: 5
B) LEAD TIME FOR MINIMUM RELEASE QUANTITY-NUMBER OF BUSINESS DAYS:____
Please indicate:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Identify:
Product package quantity _______________
Case quantity _________________________
Medical Device License # (if applicable)
________________________________
Please quote firm price based on the unit of measure (i.e. packaging)
requested e.g. price per package or per case etc.
If your pricing is based on a different unit than requested please
ensure you indicate that change clearly below.
Please quote firm unit prices for year 1 and 2 as follows:
Year 1 $ _____________ December 01, 2022 to November 30, 2023
Year 2 $ _____________ December 01, 2023 to November 30, 2024
========================================================
EXPIRY DATES ON PRODUCTS MUST BE AT LEAST 18 MONTHS FROM TIME OF
SHIPMENT UNLESS AUTHORIZED BY MDA.
GENERAL INFORMATION:
The Government of Manitoba (Manitoba) is requesting submissions from
interested Bidders in order to establish a Contract / Agreement between
the successful Bidder(s) and MDA for a 2-year term contract.
Requested quotations to be submitted per the outlined process and
requirements and provide Manitoba with detailed features, costs and
delivery capabilities for the specified goods and/or services.
It is the intent of Procurement and Supply Chain (PSC) to award this
tender to the least number of Bidders able to provide the goods and/or
services in the most convenient and cost-effective manner.
DEFINITIONS:
"BID" - Refers to the Bidder's bid/quotation or offer submitted in
response to the RFQ.
"BIDDER" - Refers to the person who or Company which obtains a copy of
the RFQ for the purpose of submitting a bid/quotation or offer to
provide the goods and/or services.
"CONTRACT" - Refers to the Value Contract issued to the Vendor as the
award document.
"MANITOBA" - Refers to the Government of Manitoba or the purchaser of a
department or branch of the Government of Manitoba that requires the
goods and/or services listed in the RFQ.
"MDA" - Refers to Materials Distribution Agency, a Special Operating
Agency.
"MINIMUM QUANTITY" - Refers to the smallest quantity that MDA will
release.
"PSB" - Refers to Procurement Services Branch that has issued the RFQ
and is listed in the RFQ document.
"RELEASE ORDER" - Refers to a specific Release Purchase Order document
issued by MDA to the Vendor to order product from the Contract.
"RFQ" - Request for Quotation or tender are defined as the tender
document to request pricing to provide the goods and/or services listed
therein.
VENDOR - Refers to the person who or Company which will provide the
goods and/or services as the successful Bidder.
SPECIAL NOTE:
Bidders may quote on one or more of the approved products listed.
Bidders not detailing lead-times (refer below) may result in that
items(s) being rejected from their quotation.
Bidders offering items which deviate from the requested pack size, case
quantity, etc. must detail the deviations on the return tender.
Pricing unit must be the same as requested (i.e. per package, per case,
etc.).
If your pricing is based on a different unit than requested, you must
the clearly identify the change on that item offered.
The words "must" "shall" and "will" mean a requirement is mandatory and
must be met in order for the bid to receive consideration.
BIDDER ASSISTANCE:
The Bidder shall assign a "Dedicated Service Representative(s)" to
supply information and act as contact person through the term of the
agreement. Manitoba will assign a counterpart.
It should be clearly understood that the Bidder's service
representative(s) would deal with the assigned Manitoba contact
person(s).
Bidder shall provide contact names and telephone numbers for the
following:
Contact Person: ________________________________________________
Telephone Number: _________________Fax Number: _________________
E-Mail Address: ________________________________________________
HEALTH CANADA MEDICAL DEVICES REGULATION:
Health Canada Medical Devices Regulation Schedule No.1101 (May 7/98)
established new regulatory requirements for the sale of medical devices
in Canada
The Bidder shall indicate their Health Canada Establishment License
Number #_______.
The Bidder shall list their Health Canada Medical Device License #
and/or ID# for each product offered.
BIDS:
Bids are requested from competing Bidders in accordance with Manitoba
policies. Manitoba reserves the right to revise/cancel RFQ's as well as
accept/reject bids either in whole or in part, whichever is in the best
interests of Manitoba. Lowest or any bid not necessarily accepted.
Bids must be submitted on the form provided unless otherwise stipulated
or as directed. Failure to complete the bid submission or include all
information and documents requested may result in rejection of a bid
submission.
All bid submissions should be prepared in a legible manner. Non legible
bids may result in rejection of your bid submission.
Bids shall be considered firm until awarded, unless otherwise indicated.
Any exchange of information with Manitoba personnel prior to the
issuance of an RFQ is not a valid response to the RFQ and shall not be
considered.
IRREVOCABILITY OF QUOTATION:
The Bidder may amend or withdraw its quotation without penalty prior to
the closing date and time. Upon closing time, all quotations become
irrevocable.
ACCEPTANCE OF BID CONDITIONS:
A Bidder should clearly understand, by submitting a bid agrees, that its
bid or any part of its bid is subject to the following conditions, in
addition to any other terms and conditions set out in the RFQ.
No bid will be considered from a Bidder where Manitoba, in its sole
discretion, determines that a potential conflict of interest exists. No
bid will be considered that is in any way conditional or that proposes
to impose conditions on Manitoba that are inconsistent with the
requirements of the RFQ and the terms and conditions stipulated therein.
The submission of a bid, the receipt of a bid by Manitoba and the
opening of a bid, or any one of those, does not constitute acceptance,
in any way whatsoever.
ALTERATIONS/QUALIFICATIONS OF BIDS:
No bid shall be altered, amended or withdrawn after the specified
closing date and time. Manitoba issuing the RFQ is the sole agency
empowered to negotiate or alter any term, condition or stipulation of
the bid and/or any subsequent award or event arising there from.
Any terms, conditions, or stipulated qualifications on bid submission
that is contrary to, or inconsistent with the RFQ documents, may be a
cause for rejection.
Bidders are cautioned to avoid making deviations and exceptions to the
terms and conditions of the bid documents which may result in rejection
of their bid.
GENERAL AWARD INFORMATION:
No award may result from this RFQ process. If this RFQ process results
in an award, then Manitoba reserves the right to award any Contract/
Agreement, in whole or in part, and may accept goods and/or services
from one or more Bidders in such quantities as shall be advantageous to
Manitoba.
Pricing will be a consideration on individual items but preference maybe
given to overall pricing for groups of items consolidated for shipping
and receiving at the facility. The lowest price on any item will not
necessarily be accepted.
Volume of items will be considered. Items will be consolidated to allow
for reasonable delivery quantities.
Past performance of vendors and quality of product will be considered.
AUTHORIZED VENDOR:
Manitoba reserves the right, prior to any contract award, to secure
evidence to Manitoba's satisfaction that the Bidder is the manufacturer,
authorized distributor, dealer or retailer of the goods offered and is
authorized to sell, service and warranty these goods in Manitoba, Canada
and upon request will provide Manitoba with written evidence thereof.
Manitoba also reserves the right to secure evidence to Manitoba's
satisfaction that any Bidder is able to provide the goods or services
and to require the successful Bidder to furnish security, free of any
expense to Manitoba, to guarantee faithful performance of the contract.
The bidder warrants that there are no patents, trademarks or other
rights restricting use, repair or replacement of the material furnished
or any part thereof and hereby agrees to indemnify and save harmless the
Province of Manitoba, its employees and agents from and against all
claims, demands, losses, costs, damages actions, suits or other
proceedings by whomsoever made, filed or prosecuted in any manner by
reason of such use, repair or replacement of the materials being a
violation of any patent, trademark or other right.
TENDER EVALUATION:
Generally the lowest overall price of an item(s) in accordance with the
terms & conditions of the RFQ will be awarded the contract. However,
other factors as stipulated below will be considered when awarding a
contract (in no particular order).
Tenders will be evaluated based on:
i) ,,Products approved by MDA for their use<(>,<)>
ii) ,,Product offered compared to product description / specifications
requested;
iii) Delivery lead-times;
iv) ,,Price;
v) ,,Quality of the Bidder's performance in past awards;
vi) ,,Quality of the proposed products in past awards;
vii) ,,Return and refund policies; and
viii) ,,Any other terms & conditions indicated on this RFQ.
Failure to provide adequate information to evaluate the item offered may
be cause for rejection of your quote by the Manitoba Government
(Manitoba).
Like items or items that need to be compatible will be considered as a
"group" for price comparison and/or award purposes.
Each product offered will be considered individually which may result in
more than one award created from this RFQ. However, the intent is to
award this RFQ to one vendor in total, if possible with economic benefit
to Manitoba, therefore Bidders should quote on all items if possible.
Economic evaluation will be at Manitoba's sole discretion.
CONTRACT TERM:
To be delivered on an "as and when requested" basis for a
2 year term contract from: December 1, 2022 to November 30, 2024.
Any unused portion at of the end of the contract period will be
considered cancelled.
FIRM PRICING:
Bidders offering prices "subject to change without notice" or "in effect
at time of shipment" will be rejected outright. Preference will be
given to suppliers offering firm pricing.
Bidder shall quote firm pricing for year 1 and year 2 for each line
item.
Is pricing firm for the duration of the contract term?
Yes _____ No _____ Initial__________
If No, please indicate "prices firm until" date: _____________________
Cost increase substantiation must be in the form of an original,
photocopy or facsimile of a letter from the appropriate
manufacturer/governing body identifying the reason for increase,
percentage increase, as well as the effective date.
Price increases shall not exceed the percentage passed on by the
manufacturer/governing body, and will be applicable only to the
percentage of true raw material costs. Any notification of price change
must reference the applicable agreement number and line item number(s).
Unless otherwise stipulated in writing, all submitted pricing shall
represent the total cost to Manitoba including all duties, shipping,
crating, packing, storage, delivery and handling charges.
QUALITY / ACCEPTABILITY:
Any product supplied must be new, unused, first quality.
All goods delivered are subject to inspection prior to delivery
acceptance. Signing of any delivery slip should not be construed as
acceptance of the product delivered.
Manitoba reserves the right to reject any product, after final
inspection that does not meet the specification or product description
requested.
Manitoba reserves the right to reject any product supplied which, upon
inspection or use, is deemed by the using department to be unacceptable
for their intended use.
Products shall be supplied as specified on the contract/purchase order.
Any substitutes shipped without prior written approval will be rejected
at time of delivery or held at shipper's risk pending return
instructions. Products rejected by the using department will be
returned to the Vendor for full credit or replacement product at no cost
to Manitoba or the contract may be cancelled.
If additional information is required and/or for approval of alternative
products please call the Contact at the phone number indicated above.
If an alternative product is offered, product description (including
illustrated literature if available) and manufacturers name and product
number as well as your product reference number (if applicable) to be
shown for each item offered
Product offered should be the most current product, however non-current
might be considered if the product is new and unused. Any alternative
product offered which has not been recently evaluated and approved might
not be accepted for this quote.
PRODUCTS/BRANDS:
Please note any old or discontinued manufacturer's product numbers to
allow us to keep our descriptions current.
Brand names, where shown, are for reference purposes only and are not
intended as endorsement of a particular product. Some approved products
listed may not be acceptable for use by one or more facilities.
Alternate products offered, which have not been previously tested and
approved, may not be accepted for this tender.
Substitutes shipped without prior written approval will be held at
shippers risk pending return instructions.
Any substitute/alternative product supplied which upon inspection or
use, is deemed by the using department to be unacceptable for their use
will be returned for full credit or replacement at no cost to Manitoba
or the contract may be cancelled.
Vendor shall supply items with the longest shelf life available from the
date of the Release Order.
Any product supplied which upon inspection or use, is deemed by MDA to
be defective will be returned to the Vendor for replacement. All costs
related to the return and replacement of the defective product to be the
responsibility of the Vendor.
Vendor must respond to defective product concerns within 48 hours of
receiving faxed/ email documentation from MDA.
Yes _____ No _____ Initial__________
Vendor must notify MDA immediately in writing (by fax/e-mail) of any
known defective product(s) or product recall(s) related to the
product(s) the Vendor has shipped to MDA or to MDA's clients to avoid
release of said product to MDA's end users.
Yes _____ No _____ Initial__________
Bidders must indicate the following information for each item offered:
Manufacturer Name __________________________
Brand Name _________________________________
Manufacturer Stock Number ___________________
Vendor Stock Number _________________________
Product package quantity _______________
Case quantity _________________________
SAMPLE PRODUCTS:
Bidders may be required to provide samples as part of the evaluation
process. Manitoba will notify the Bidder(s) when samples may be
required. Samples shall be supplied at no charge and delivered DDP
Destination Freight Prepaid to WINNIPEG, MANITOBA.
ALTERNATE PRODUCTS:
Alternate products may be considered but may require testing prior to
purchase. Vendors wishing to offer alternative product for future
tenders are invited to submit samples for long term testing and
evaluation by contacting MDA. All samples become the property of MDA
and will not be returned.
MDA CONTACT PERSON:
TRACEY SAVOIE
Purchasing Coordinator
QUANTITY/ITEM RELEASES:
The Vendor is not to ship any item until a separate Release Order has
been placed by fax or mail.
Release Orders for items may be placed at any time during the period of
this contract and in various quantities.
The term "minimum quantity" means the smallest quantity that MDA will
release.
Release Orders to be shipped complete by line item, unless otherwise
approved and/or requested by MDA prior to shipping.
Vendor to accept Release Orders consisting of items from multiple
contracts to reach the Vendor's minimum order requirements.
MDA will fax or email the "Acknowledgement of Release Order" and the
"Release Order" to the Vendor. The Vendor must respond by signing and
returning MDA's acknowledgement of release order within "48 hours" to
confirm that the Release Order was received.
The quantities shown are the estimated annual quantities only and to be
used for evaluation purposes only and are not a guarantee of business.
The Contract Value shown as Target Value represents the total estimated
value for the contract term.
MDA will not issue Release Orders for less than the minimum quantity
shown for each item. The minimum release quantities must be available
within the lead time you have specified for each item.
Minimum release quantities will be shown for each item. Minimum release
quantities may be adjusted to reflect full case quantities if necessary
by contacting MDA prior to delivery.
MDA reserves the right to change quantities on a Release Order, if
required, or to cancel an individual Release Order in part or in total
if necessitated by program changes/client demand or Vendor failing to
deliver products within tender stated time frames.
DDP/FREIGHT:
To be delivered DDP DESTINATION FREIGHT PREPAID TO:
Materials Distribution Agency
Unit 7 # 1715 St. James Street
Door 10
Winnipeg, MB
R3H 1H3
The unit prices quoted above shall include all necessary charges,
freight, insurance, handling etc. to show a total landed cost. If any
charges are not included please explain in detail any/all charges which
will be extra to the unit prices quoted and will be charged on the
invoice.
Is there a minimum order/shipment value required to receive DDP
Destination Freight Prepaid pricing?
Yes ____ No _____ Initial __________
If Yes, indicate the minimum order/shipment value $_________________
Should an order be placed under the minimum order/shipment value, is a
delivery charge applicable?
Yes ____ No _____ Initial __________
If Yes, identify the delivery charge: $__________________________
Freight charges will not be allowed on back order quantities.
DELIVERY:
Deliveries to MDA will be accepted Monday to Friday between the hours
of: 8:00 AM to 3:00 PM.
Vendor must notify MDA immediately in writing (by fax or email) of any
delays of scheduled shipments.
Shipments are considered to be delayed if the delivery time is greater
than the lead time indicated for each item on the contract.
Vendor must respond to late shipment inquires within 48 hours of
receiving faxed documentation from MDA.
Failing this Manitoba reserves the right to either purchase elsewhere
and charge the Vendor for any loss incurred thereon, and/or cancel the
Contract.
The products listed will be ordered in the minimum quantities (or
possibly greater) as shown after each item and the Vendor must ship the
required quantities within the lead time as indicated on the
tender/contract.
Delivery must occur within the time stated on the Contract unless a
deferred shipment is arranged with MDA in writing. Failing this
Manitoba reserves the right to either purchase elsewhere, charge the
Vendor for any loss incurred thereon, and/or cancel the Contract.
LEAD TIMES:
Bidders shall indicate lead time in number of business days for delivery
of each product offered.
When calculating lead time, bidders should take into consideration all
delivery components such as; your order desk requirements, delivery
practices, if the item is from your stock etc. If the item must come
from your manufacturer/distributor then include the
manufacturer/carrier's shipping times in your calculation.
Bidder should indicate a lead time for the minimum release quantity.
Please show lead time as a specific number, not a range (e.g. 3 days or
5 days, not 3-5 days).
Lead time will be a factor for consideration in the tender evaluation.
Lead times indicated are to be calculated from the date/time that a
Purchase Order is issued (faxed) to the time the goods will be received
at MDA or MDA's client destination.
Deliveries will be monitored therefore lead times must be accurately
reflected for each item.
TIME OF ESSENCE:
Time shall be of essence hereof. Failure to meet the delivery time (i.e.
lead time) indicated on the Contract may result in the cancellation of
the Contract item and any outstanding Contract Release Orders.
INSPECTION:
Final inspection and acceptance or rejection of the goods will be made
promptly as practicable, but failure to inspect and accept or reject
goods promptly does not mean that the Manitoba Government has accepted
these goods.
The Government of Manitoba reserves the right to inspect the goods for
up to 90 days after the date of delivery.
Yes ____ No _____ Initial __________
Partial acceptance of rejection of an order does not release the Bidder
from its responsibility to complete the order.
PACKAGING:
All goods must be packed or crated suitable for protection in storage or
shipment.
If pallets required, pallet size to be 42 inches width by 48 inches
depth, loaded to a maximum height of 53 inches.
All goods delivered must be suitably marked with proper documentation
such as packing slip, contract number, etc.
RESTOCKING CHARGES:
Restocking charges to MDA must be shown (if applicable); restocking
charge will be ________%.
Please indicate the amount of notice (number of days) that MDA must
provide in order to cancel a Release Order without being subject to any
restocking charges. Restocking charges do not apply if Release Order
cancelled with _________ days notice.
RETURNS / REFUNDS:
Any product supplied deemed unacceptable by the end-user/customer will
be immediately replaced with new product/unit at no charge to MDA?
Yes ____ No _____ Initial __________
MDA requires complete details of your Return/Replacement/Refund Policy.
The Bidder shall identify the exact detail as to what is covered in
terms of responsibility for repair/replacement/refund of product:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Any/All costs associated with the return/replacement/refund of defective
products will be the responsibility of the vendor?
Yes ____ No _____ Initial __________
All defective products are requested to be replaced within five (5)
working days of notification/request.
Yes ____ No _____ Initial __________
If five (5) working days is not sufficient time for replacement, the
Bidder shall state the number of days required: ______________
Goods ordered in error will be returned to the Vendor, Freight Prepaid
by Manitoba.
WARRANTY:
Bidders shall ensure that Manitoba receives the manufacturer's warranty
for the goods purchased. Bidder shall indicate the warranty for each
item offered (if applicable) in: _____ Days; _____ Months; _____ Years.
Notwithstanding any manufacturers' warranties (which are to be supplied
where applicable), all goods must be warranted to be free of defects in
workmanship and materials for a suitable period of time consistent with
the nature of the goods.
Despite anything in the RFQ, if a defect is not corrected during the
Warranty Period within a reasonable time frame, Manitoba may reject the
goods. If the goods are rejected the Vendor must:
a) Remove the goods, at its expense and risk within a reasonable time
frame after notification that the goods have been rejected; and
b) Immediately, at Manitoba's option, either replace the goods, or if
applicable issue a credit or refund to Manitoba for all monies paid.
If the warranty period is not the same for all items offered then
indicate the warranty on a product by product basis.
Vendor to address warranty issues within 48 hours of receiving faxed
documentation from MDA.
Yes ____ No _____ Initial __________
Vendor must provide copy(s) of warranty documentation to MDA on request,
after the contract is awarded.
INDIGENOUS BUSINESS STANDARD FOR "GOODS WITH RELATED SERVICES"
DEFINITIONS:
"Indigenous Business" means a business that is at least 51% Indigenous
owned and controlled and, if it has six or more full-time employees, at
least one-third of its employees must be Indigenous persons.
"Indigenous Business Directory" means a business directory of Indigenous
businesses that meet Manitoba's definition of an Indigenous business.
'Indigenous Business Standard" means terms and conditions that indicate
that Indigenous business participation is desirable but not mandatory.
"Indigenous Person" means a First Nations, Non-status Indian, Métis or
Inuit person who is a Canadian citizen and resident of Canada.
INDIGENOUS PROCUREMENT INITIATIVE:
Manitoba is committed to community economic development as a key
component of its economic strategy. It intends to develop a provincial
economy that is more inclusive, equitable and sustainable.
Procurement practices are one means that can be used to contribute to
the growth of Indigenous businesses. In that regard, Manitoba developed
the Indigenous Procurement Initiative (IPI). The objective of IPI is to
increase the participation of Indigenous businesses in providing goods
and services to Manitoba.
INDIGENOUS BUSINESS STANDARD:
Indigenous participation is desired but bids will not be disqualified if
there is no Indigenous business participation.
INDIGENOUS BUSINESS DIRECTORY:
Manitoba has established a directory of Indigenous businesses called the
"Indigenous Business Directory". This directory is a list of Indigenous
businesses (including non profit organizations and economic development
corporations) that have self declared as an Indigenous Business meeting
that definition under the IPI. It is neither comprehensive nor
exhaustive but may be a useful resource to identifying Indigenous
businesses for potential partnering or sub-contracting purposes.
Indigenous businesses not listed in the Directory may also be used.
Registration in the Indigenous Business Directory does not guarantee
certification as an Indigenous business, as business status may change;
therefore formal certification is required in the formal tender process.
Indigenous businesses are encouraged to register by contacting
Manitoba Labour, Consumer Protection and Government Services Procurement
and Supply Chain (PSC).
For further information on the Indigenous Business Directory<(>,<)>
registration forms and access to a copy of the Indigenous Business
Directory please see the following website:
http://www.gov.mb.ca/finance/psb/api/api bd.html or contact:
Manitoba Labour, Consumer Protection and Government Services
Procurement and Supply Chain (PSC)
600 - 352 Donald Street
Winnipeg, Manitoba
R3B 2H8
Ph: 204-945-6361
For all other general inquiries related to this tender opportunity<(>
,<)>
please contact the name of the individual(s) identified on page one of
this tender document.
ASSIGNMENT:
The Bidder shall have sole responsibility for the quality, liability,
coordination and completion of all work outlined in this endeavor.
Manitoba considers the Bidder to be the sole contact regarding all
Contract/ Agreement matters.
The Bidder shall be prohibited from assigning, transferring and
conveying, subletting or otherwise disposing of any Contract/ Agreement
of its rights, title or interest therein, or its power to execute such
Contract/ Agreement without the previous written approval of Manitoba.
CLARIFICATIONS AND AMENDMENTS TO REQUIREMENTS:
Manitoba reserves the right to amend or to clarify the RFQ requirements
and to seek clarifications or amendments from Bidders. However,
Manitoba is under no obligation to seek clarification.
CONFIDENTIALITY:
The content of this RFQ and any other information received by the Bidder
relating to the RFQ, gained through the RFQ process or otherwise, is to
be treated in strict confidentiality. The Bidder shall not disclose any
of the information in whole or in part to anyone not specifically
involved in the preparation of the Bidder's quotation, unless written
consent is secured from Manitoba prior to the said disclosure. The
obligation of each Bidder to maintain confidentiality shall survive the
expiration or the acceptance/rejection of their quotation and/or any
resulting Contract/ Agreement(s) to supply the requirements of this RFQ.
CONFLICT OF INTEREST:
The bidder must take appropriate steps to ensure that neither the
bidder, nor the bidders employees are placed in a position where there
is or may be an actual conflict, or a perceived potential conflict
between the bidder, its employees and any agent or representative of the
Province of Manitoba.
The bidder shall not offer or give, or agree to give, to any agent,
employee or representative of the Province of Manitoba any gift or
consideration of any kind as an inducement or reward for doing,
refraining from doing, or for having done or refrained from doing, any
act in relation to the obtaining or execution of this or any other
purchase order/contract with the Province of Manitoba.
No agent, employee or representative of the Province of Manitoba shall
either solicit or accept gratuities, favours or anything of monetary
value from the bidder.
If the bidder has reason to believe any agent, employee or
representative of the Province of Manitoba has violated any provision of
this Conflict of Interest section, the bidder shall immediately notify t
the suspected violation by sending notice to the Director of Procurement
Services Branch, explaining the situation in full. The bidder's failure
to so notify the Director shall be a material breach of this agreement
and the Director, at his/her option, may terminate the purchase
order/contract.
DISCLOSURE OF INFORMATION:
Relative to the Freedom of Information and Protection of Privacy Act,
the Government of Manitoba reserves the right to publicly disclose
details of purchase order/contract and the prices at its discretion, or
as required by law.
ERRORS AND OMISSIONS:
Bidders must advise Manitoba of any errors or omissions they find in the
RFQ document prior to closing so that the RFQ can be revised and
communicated to all Bidders.
EXTENSION AND ADDITIONAL PRODUCTS:
By written agreement between the Government of Manitoba (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.
FAVOURED CUSTOMER:
If during the period of the offer the Bidders offers for sale like
quality and quantity similar to customers at more favourable terms, the
current quoted price shall be immediately altered to a level that
reflects the same favourable terms.
GOVERNING LAW:
Unless the Request for Quotation specifically state otherwise, the
request for quotation, all bids, and any subsequent purchase
order/contract(s) will be construed and interpreted in accordance with
the Laws of Manitoba and where the vendor uses sources outside of
Canada, those businesses comply with local labour laws in the country of
manufacture.
The Bidder shall be in good standing under The Corporations Act
(Manitoba), or properly registered under The Business Names Registration
Act (Manitoba), or otherwise properly registered, licensed or permitted
by law to carry on business in Manitoba, or if the Bidder does not carry
on business in Manitoba, in the jurisdiction where the bidder does carry
on business and may be required to provide evidence thereof upon
request.
All RFQ's are subject to the Agreement on Internal Trade, or any other
inter-provincial agreement.
All applicable laws of the Province of Manitoba, regulations and
standards, including all Occupational Health & Safety, and Workers
Compensation requirements will govern this Request for Quotation and any
resulting purchase order/contract.
Manitoba requires its Bidders to adhere to Provincial Labour Laws, and
to declare that in bidding for the work and in entering into a purchase
order/contract, the vendor and his subcontractors conduct their
respective business in accordance with established International Codes
as they relate to Child and Forced Labour embodied in United Nations
(UN) and International Labour Organization (ILO) conventions as ratified
by Canada.
INDEMNITY:
The Bidder warrants that there are no patents, trademarks or other
rights restricting use, repair or replacement of the material furnished
or any part thereof and hereby agrees to indemnify and save harmless the
Province of Manitoba, its employees and agents from and against all
claims, demands, losses, costs, damages actions, suits or other
proceedings by whomsoever made, filed or prosecuted in any manner by
reason of such use, repair or replacement of the materials being a
violation of any patent, trademark or other right.
The successful Bidder shall indemnify and save harmless Manitoba from
and against all losses and claims, demands, actions, payments, suits,
recoveries, judgment and settlements of every nature and description
brought or recovered against Manitoba by reason of any act or omission
of the Bidder, the Bidder's agents or employees, or sub-contractors in
the performance of this contract.
INFRINGEMENTS:
Bidder warrants that Manitoba's purchase, installation and/ or use of
the goods and/or services covered hereby shall not result in any claim
of infringement, or actual infringement of any patent, trademark,
copyright, franchise or other intellectual property right.
INSURANCE:
The Bidder shall, at its own expense, effect and maintain for the
duration of its services all insurance(s) required by law. All required
insurance shall be under written by insurers acceptable to Manitoba.
LIENS, CLAIMS AND ENCUMBRANCES:
Bidder warrants and represents that all the goods, materials and/or
services supplied shall be free and clear of al liens, claims and
encumbrances of any kind.
PUBLICITY, MEDIA, OFFICIAL ENQUIRIES & ADVERTISING:
The Bidder, suppliers/vendors, employees or consultants shall not make
any public statement making reference to, or relating to the existence
or performance of the purchase order/contract in any advertising,
testimonials or promotional material without the prior written consent
of the Province of Manitoba, which shall not be unreasonably withheld.
The provision of this condition shall apply during the extension of a
purchase order/contract and indefinitely after its expiry or
termination.
RIGHT TO REISSUE RFQ:
Manitoba reserves the right to cancel and/or reissue the RFQ where, in
Manitoba's sole opinion, none of the quotes submitted in response to the
RFQ warranty acceptance or where it would be in the best interests of
Manitoba to do so. Costs incurred in the preparation, presentation and
submission of a quote shall be borne by the Bidder. Manitoba shall not
reimburse any Bidders for any costs, if the RFQ is cancelled or
reissued.
RIGHT TO WAIVE NON-COMPLIANCE:
Manitoba reserves the right to waive any minor non-compliance with the
bid submissions at its sole discretion.
RISK OF LOSS:
Regardless of FOB Point, Bidder shall bear all risks of loss, injury or
destruction of goods and materials ordered herein which occur prior to
acceptance by Manitoba. No such loss, injury or destruction shall
release Bidder from any obligation hereunder.
TERMINATION:
Manitoba may, in its sole discretion, immediately terminate a purchase
order/contract in writing if:
A) The vendor fails to properly fulfill, perform, satisfy and carry out
each and every one of its obligations under the purchase order/contract,
or
B) The vendor fails or refuses to comply with a verbal or written
request or direction from Manitoba within three(3) days of receiving the
request or direction; or
C) The vendor become bankrupt or insolvent or liquidates; or
D) A receiver, trustee or custodian is appointed for the assets of the
vendor, or any partner thereof; or
E) The vendor or any partner thereof makes a compromise, arrangement, or
assignment with or for the benefit of the creditors of the vendor or of
that partner, as the case may be; or
F) The vendor fails to secure or renew any license or permit for the
vendors business required by law; or any such license or permit is
revoked or suspended; or
G) The vendor or any partner, officer or director of the vendor is found
guilty of an indictable offence; or
H) The vendor fails to comply with any law or regulation relating to the
employment of its employees; or
I) The vendor at any time engages in any activities or trade practices
which, in the opinion of Manitoba, are prejudicial to the interests of
Manitoba, or a department or agency thereof; or
J) There is a breach of any provision of the purchase order/contract;
K) The goods provided by the vendor are not according to the contract or
otherwise unsatisfactory; or
L) The services provided by the vendor are unsatisfactory, inadequate,
or are improperly performed; or
M) The vendor has failed to meet the delivery date indicated on the
purchase order/contract or repeatedly failed to meet the delivery lead
time, indicated on the purchase order/contract.
UNFORESEEABLE EVENT:
An unforeseeable event is anything which is beyond the control of the
parties affected and which, by exercise of reasonable diligence by the
parties aforementioned, could not be avoided including, but not limited
to, the following: Fire; Explosion; Action of the Elements; Strikes;
Rationing of Materials; Adverse Government Decision; or Act of God.
Neither the Bidder nor Manitoba shall be liable to the other for any
delay in, or failure of, performance under the quotation due to an
unforeseeable event. Any such delay in or failure or performance shall
not constitute default or give rise to any liability for damages or
either party.
The existence of such causes of such delay or failure shall extend the
period for performance to such extent as determined by Manitoba to
enable complete performance by the Bidder provided reasonable diligence
is exercised after the causes of delay or failure have been removed.
ACCOUNTS RECEIVABLE ADDRESS:
Due to our computerized accounts payable system Bidders are to advise if
your invoice address (Accounts Receivable) is the same as the address
for orders/quotes shown above.
Yes ____ No _____ Initial __________
If No, provide complete details:
Contact Person: _______________________________________________
Address: ____________________________________________________
City/Province/Postal Code: _____________________________________
Telephone Number: ______________________________________________
Facsimile Number: ________________________________________________
E-Mail Address: ______________________________________________
Hours of Operation: ___________________________________________
INVOICES:
MDA 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 MDA, in writing, prior to shipping the products
on the Release Order.
For direct deliveries, the Vendor must provide a proof of delivery (that
is both a printed and signed signature by MDA's client department) with
the invoice.
This is an accounting concern and is not intended to outline a process
to request price changes.
MANITOBA RETAIL SALES TAX LICENSE:
Are you licensed by Manitoba Finance to collect and remit Manitoba
Retail Sales Tax?
Yes ____ No _____ 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.
These goods are for "RESALE" and therefore "PST EXEMPT". MDA's PST
number is 085981-9. MDA is also GST Exempt and their number is
107863847.
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:
Materials Distribution Agency
Unit 7 # 1715 St. James Street
Door 10
Winnipeg, MB
R3H 1H3
TENDERS TO BE RETURNED TO:
MERX Electronic Bid Submission www.MERX.
