Supplementary Purchasing Clauses

Transcription

1 Miscellaneous Tender Clauses Supplementary Purchasing Clauses Generally, the Instructions to Bidders in standard contract forms remain consistent, to ensure all bidders are following the same set of rules. Yet there has to be a way of giving potential bidders instructions that are specific to a tender call. This is done by way of appending Supplementary Instructions (also called Additional Clauses) to the tender document. Over the years, PWS has developed a number of task specific tender clauses. There are 27 different additional clauses available for use with electronic tender and contract documents. Listed below are detailed explanations of some of the frequently used additional clauses. The following examples may be useful to the purchaser for use in tenders for goods or services, where appropriate. BIP Local Designation For purposes of applying preferences provided by the Business Incentive Policy, local is defined as registered businesses located in the community (ies) of: Consultant Representative For purposes of this contract, the GNWT may be represented by, hereinafter the Consultant. Criminal Records Check The Contractor shall submit upon request of the GNWT and at the expense of the Contractor the names of each individual who will be involved in the performance of the Work with a current Criminal Records Check in a form or forms acceptable to the GNWT for approval by the GNWT. The GNWT reserves the right to request a Positive Identification and a Certified Criminal

2 Records Check, at the expense of the Contractor, if the Criminal Records Check indicates there may be an apparent record. The GNWT reserves the right to refuse access to the whole or any portion of a facility to such an individual, who in the opinion of the GNWT, acting reasonably, and by reason of that individuals past criminal record, poses an unacceptable risk to the operation or occupants of the facility. The GNWT shall advise the Contractor, in writing of those individuals to whom access to a facility will be denied or restricted. Disbursements Lump Sum The GNWT shall pay reasonable disbursements incurred by the Contractor in the interest of the project, provided that the Contractor has, prior to incurring the expense, received approval from the GNWT. Miscellaneous in-house reimbursable disbursements (insert list here) shall be computed as a lump sum fee of % of the total net fee except for GNWT preapproved travel expenses or third party reproduction of drawings and specifications for tender purposes which shall be computed as a multiple of 1.05 times the amount expended by the Contractor. Installation, if applicable Disbursements Percentage The GNWT shall pay reasonable disbursements incurred by the Contractor in the interest of the project, provided that the Contractor has, prior to incurring the expense, received approval from the GNWT. Reimbursable disbursements shall be computed at actual cost plus a mark-up of 5%. The Contractor shall substantiate the claim by providing copies of the invoices. Fee Structure Hourly/Daily The GNWT shall pay the Contractor for services rendered, on the basis described below, subject to the services having been performed to the satisfaction of the GNWT and within the costs established to perform these services: An hourly/daily rate of $ plus disbursements and provided further, that the maximum amount payable by the GNWT, including disbursements, shall not exceed the total amount as stated on page 1, unless specifically authorized

3 by a written change order approved by the GNWT. Fee Structure Other The GNWT shall pay the Contractor for services rendered, on the basis described below, subject to the services having been performed to the satisfaction of the GNWT and within the costs established to perform these services: and provided further, that the maximum amount payable by the GNWT, including disbursements, shall not exceed the total amount as stated on page 1, unless specifically authorized by a written change order approved by the GNWT. Fee Structure Stipulated Sum The GNWT shall pay the Contractor for services rendered, on the basis described below, subject to the services having been performed to the satisfaction of the GNWT and within the costs established to perform these services: A stipulated sum of $ plus disbursements and provided further, that the maximum amount payable by the GNWT, including disbursements, shall not exceed the total amount as stated on page 1, unless specifically authorized by a written change order approved by the GNWT. Goods - Source Inspections - Manufacturing The GNWT reserves the right to perform unscheduled source inspections of the goods at any time during the manufacturing process in order to verify the quality, quantity and workmanship of the items being manufactured. Such inspections, along with any final pre-shipment inspections prior to any crating, containerization or packaging, shall be performed by the GNWT or its Agents. Such inspections shall not, in any case, constitute acceptance by the GNWT. Acceptance occurs only when final acceptance is made at the FOB point and the goods are satisfactory to the GNWT.

4 Goods - Pre-shipment Inspections In order to ensure that the goods or materials supplied conform to contract requirements, the supplier may be required to make available the goods or materials, as ordered, for a pre-shipment inspection prior to any crating, containerization or any other form of packaging. The pre-shipment inspection shall be performed by the GNWT or its agents at a predetermined location. The pre-shipment inspection shall not, in any event, constitute acceptance by the GNWT. Such acceptance shall only occur at the specified FOB point upon receipt of the materials and final inspection satisfactory to the GNWT. Goods - Inspections If, as a result of the examination and/or installation of goods, it is established by the GNWT that the goods do not comply with the contract, the supplier shall pay to the GNWT, upon demand, all reasonable costs and expenses incurred by the GNWT in respect of such inspection. Goods - Supply and Installation Installation, if applicable, shall include unloading materials, moving to site, assembly in accordance with floor plan, and fastening in place, as well as cleanup and clearing of site. Wherever possible, the use of local labour to aid in the installation phase, under the direct supervision of the successful supplier, is encouraged. Goods Supply and Installation - Holdback The GNWT will hold back TEN (10%) PERCENT of the total value of the contract until such time as all furniture and furnishings specified within the resultant contract have been delivered, assembled, installed and inspected to the satisfaction of representatives from the Government of the Northwest Territories. Ninety (90%) percent of the total value of the contract will be disbursed upon: i) delivery on-site at the designated location ii) un-crating of all furniture and furnishings; and iii) all furniture and furnishings requiring assembly are assembled and inspected by GNWT representatives and are

5 deemed to have arrived on-site in good order. All furniture and furnishings deemed not to have arrived on-site in good order, whether it be through damage during transportation, un-crating or assembly, will form part of the TEN (10%) PERCENT HOLD BACK. The hold back will be disbursed upon: i) successful installation in accordance with the floor plan(s), fastening in place where required, as well as clean-up and clearing of work site; ii) all damaged items are replaced and/or repaired so that they are deemed to be in good order ; and iii) furniture and furnishings have been subject to final inspection to the satisfaction of GNWT representatives. Goods Service Requirements Heavy Equipment In order for tenders to be considered, all bidders shall; a. employ a qualified Journeyman Licensed Welder and Heavy Duty Mechanic able to undertake repairs on the bidder's premises; b. have a direct service phone line with qualified personnel to deal effectively with parts, service, sales and process warranty claims; c. maintain an inventory of consumable parts supplies which includes belts, air cleaners/filters, thermostats, engine overhaul kits, antifreeze, brakes and brake parts; d. have or be able to supply a Field Service Vehicle with qualified Heavy Duty Mechanic for road repairs; and e. be able to effectively manage all warranty claims with no incurred cost to the GNWT during the warranty period. The GNWT reserves the option of requesting complete details of the bidder's service capabilities. Failure to provide such information may result in the tender bid being deemed nonresponsive and disqualified from further consideration. If, subsequent to the award of any resultant contract, the bidder cannot provide the required services, the bidder shall be considered not-responsible and disqualified from future tenders involving similar equipment.

6 Goods Specification Compliance Each GNWT specification has been written to describe the equipment required for a specific purpose. In developing such specifications, the GNWT relies upon information provided by manufacturers. Should any option, specification, attachment or accessory not be available or not recommended by the manufacturer and substitution is offered, prior approval in writing must be received from the GNWT. Goods Warranty Equipment or goods supplied by the Bidder shall be protected by a standard manufacturer s warranty and the GNWT shall be the direct beneficiary of such warranty. Particulars of this warranty, together with particulars of any subsequent or additional warranties must be provided, in writing, as part of the tender bid. Failure to provide warranty details, including costs, information on service depots, field and remote location service capabilities will result in the tender bid being disqualified. Hazardous Material Some GNWT facilities may contain hazardous materials, such as asbestos containing materials, electrical components containing polychlorinated biphenyls, or lead based paints. The GNWT has taken precautionary measures to identify areas within each facility that are known to contain such materials. Identified material-areas are recorded in each building's respective Logbook. However, the possibility remains that undetected hazardous-materials may exist or remain unidentified in and around some buildings. GNWT issued work orders will identify any facilities known to contain hazardous materials and the contractor is responsible to review the building's Logbook for awareness of the material-hazard and its location. Contractors working on behalf of the GNWT, who suspect the presence of unidentified hazardous materials, must advise the Contract Authority immediately for precautionary action. Marine Transport General Requirements Delivery of good required must be made within the time, in the manner, and to the destination(s) stipulated herein or on the Purchase Order. In the event of a conflict between the Request for Tender and the Purchase Order regarding time, manner and

7 destination(s) the Purchase Order shall apply. In order to facilitate payment of invoices, the supplier must provide a delivery slip signed by an authorized GNWT employee, agent or marine transport company representative as proof of delivery. In the case of contracts for mobile equipment, the delivery slip must be accompanied by a copy of the vehicle inspection report. Delivery of the goods to the marine carrier after the contract date, but prior to the sailing date, may result in higher marine shipping charges to the GNWT. Any such amount shall be borne by the supplier in full. Delivery of the goods to the marine carrier after the final sailing date the GNWT will consider the supplier in default. The GNWT may do any act as it deems necessary to rectify such default including refusal of the goods or making alternate arrangements and this cost will be borne by the supplier in full. Marine Transport Markings for Shipments The supplier must provide the following information for each shipment or vehicle order for marine transport to the final destination: Gross Shipping Weight kilograms Length metres Width metres Height metres Marine Transport NTCL Goods are to be delivered to the marine carrier as follows: Northern Transportation Company Limited (NTCL) MacKenzie Highway Hay River, NT Bus: (867) Fax: (867)

8 Shippers and/or carriers must make prior arrangements for appointments at the NTCL yard by phoning ahead. All shipments must be F.O.B. NTCL prepaid. Collect shipment will not be accepted. All shipments must include the GNWT purchase order number, name of the consignee, the final destination, and the gross weight clearly indicated on individual cases, crates and packages. Failure to provide this information may result in refusal of the goods at the freight terminal. Any costs incurred to rectify deficiencies will be at the expense of the supplier. Payment Schedule Completion of the Work The Contractor shall upon completion of the services deliver to the GNWT a written invoice that sufficiently describes the Work completed. Payment Schedule Other The Contractor shall deliver on a basis to the GNWT, in respect of that payment period, a written notice that sufficiently describes any part of the services that has been completed during that payment period for payment purposes. Payment Schedule Monthly The Contractor shall deliver on a monthly basis to the GNWT, in respect of that payment period, a written notice that sufficiently describes any part of the services that has been completed during that payment period for payment purposes. Payment Travel - Consulting When payment for travel time is based upon hourly rates, the travel time authorized by the GNWT during normal working hours shall be chargeable as time worked. Authorized travelling time outside of normal working hours shall be chargeable up to a maximum of three (3) hours per day. However, not more than eight (8) hours in any one day shall be claimed for the time spent travelling. Printing - Confidentiality Upon receipt of detailed artwork, designs, colour schemes, and/or crests related to the contract, the successful Contractor agrees that

9 such information will be held confidential and will not divulge it to anyone other than the manufacturer. The Contractor also agrees not to commercially market identical or similar designs to the general public. Printing Copyright All typesetting materials, specialty dies, discs, cuts design, artwork, logo, negatives, plates, blue lines, and colour separations used in the printing work resultant from this quotation shall become and remain the property of the GNWT and upon acceptance of the work, such materials will be returned to the GNWT if requested. Printing Requirements For printing requirements, under-runs are not acceptable and overruns exceeding the following percentages will be rejected: Quantity Ordered Maximum Over-run Quantity % , /2% 50, ,000 2% 100,001 - over 1% Standing Offer Agreement Estimated Quantities The estimated quantities are for evaluation purposes. No firm commitment of quantity or dollar value can be given. Quantities stated are estimated usage for the period we have designated constituting an approximation made in good faith of the potential requirements of the GNWT departments, boards or agencies, and that such estimate expresses or implies no obligation on the part of the GNWT to accept or purchase any such items and/or services whatsoever. Standing Offer Agreement Exclusive It is the intent of the GNWT to enter into a standing offer agreement with a single bidder.

10 Standing Offer Agreement Non-Exclusive It is the intent of the GNWT to enter into a standing offer agreement with one or more bidders. Where an agreement is entered into with one or more bidders work will be offered first to the bidder with the lowest price. Standing Offer Agreement Reporting Any chosen Contractor must provide the GNWT with a quarterly activity report showing products, quantities, and users of this Standing Offer.

11 Fuel Delivery Contracts Specialty Purchasing Clauses These supplementary clauses are addressed to specific user only and are not maintained on the PWS Internal Services site Price Changes The price per litre may be revised by the contractor during the term of the contract in accordance with market changes as reflected in Canadian Unbranded Rack Prices for Furnace Oil, Regular Unleaded Gasoline and Diesel Fuel at Edmonton, Alberta, as applicable, as published in the Oil Buyers Guide. Such price changes shall be limited to the CHANGE in the Contractor s or Contractor s supplier s, as applicable, published rack price for the product between the published date immediately prior to the tender closing date and the first published date of each month of the contract. Any revised price shall come into effect on the first day of each month and apply to deliveries made by the Contractor during that month. For clarification, the following rack references shall apply: PRODUCT 0 RACK REFERENCE Auto Gasoline Heating Oil Jet B Turbine Fuel 100LL Aviation Gasoline Jet A Turbine Fuel Diesel Fuel Regular Unleaded Gasoline Furnace Oil 70% Regular Unleaded Gasoline/30% Diesel Fuel Regular Unleaded Gasoline Diesel Fuel Diesel Fuel

12 The contractor shall be responsible to provide documentation supporting any changes to the prices. Automatic Delivery The supplier shall provide automatic delivery service where and when required and is responsible to maintain the delivery location tank at an adequate level of fuel at all times to ensure that the tank does not run out of fuel. It is a condition of the contract that the supplier will assume liability for all costs associated with labour, materials and other directly related costs resulting from the following: a) the supply of inappropriate or incorrect fuels; b) property freeze-ups due to tanks running out of fuel unless caused by conditions outside of the control of the supplier; c) fuel spills resulting from the actions or negligence of the supplier; d) all call out charges, overtime costs, etc., which are directly related to the delivery, by the contractor, of products outside of normal working hours. The supplier shall deliver the appropriate seasonal fuel type depending upon climatic conditions and location and configuration of tankage. The unit price charged shall be in accordance with the contract and shall reflect the type of fuel delivered. In the instance that a supplier markets only Type 0 fuel, the GNWT reserves the sole option of determining the best value based on the calculated cost per BTU provided by Type 0 fuel as compared to Type 2 fuel. Such cost evaluation will be upon an estimated distribution of product over the contract period as follows: 45% Type 2 / 55% Type 0. As and When Required Delivery The supplier is required to deliver fuel when specifically ordered by the GNWT on an as and when required basis. All such deliveries shall be made during regular working hours (08:00-17:00), Mondays through Fridays. Requests for delivery of fuel outside these hours shall be subject to call out charges by the supplier. The supplier will provide a schedule of such call out

13 charges as part of the tender bid. Mobile Equipment Contracts All requests for delivery of fuel shall be made within 3 hours of receipt of notification. Warranty Equipment or goods supplied by the Bidder shall be protected by a minimum twelve (12) month manufacturer s warranty and the GNWT shall be the direct beneficiary of such warranty. Particulars of this warranty, together with particulars of any subsequent or additional warranties must be provided, in writing, as part of the tender bid. Failure to provide warranty details, including costs, information on service depot, field and remote location service capabilities may result in the tender bid being disqualified. Service Support In order for tenders to be considered, all bidders shall: employ a qualified Journeyman licensed Welder and Heavy Duty Mechanic able to undertake repairs on the tenderer s premises; and have a direct service phone line with qualified personnel to deal effectively with parts, service, sales, process warranty claims; and maintain an inventory of consumable part supplies which include, belts, air cleaners/filters, thermostats, engine overhaul kits, antifreeze, brakes and brake parts; and have or be able to supply one Field Service Vehicle with qualified Heavy Duty Mechanic for road repairs; and have field service personnel for contract and warranty repairs in remote NWT communities; and be able to effectively manage all warranty claims with no incurred cost to the GNWT during the warranty period. The GNWT reserves the option of requesting complete details of

14 the bidders service capabilities. Failure to provide such information may result in the tender bid being deemed nonresponsive and disqualified from further consideration. If, subsequent to the award of any resultant contract, the bidder cannot provide the required services as bid, the bidder may be disqualified from future tenders involving similar equipment. Specification Alteration Each GNWT specification for mobile equipment has been written to describe the equipment required for a specific purpose. In developing such specifications, the GNWT relies upon information provided by manufacturers. Should any option, specification, attachment or accessory not be available or not recommended by the vehicle manufacturer and substitutions are to be offered, the supplier MUST advise the Contract Authority prior to vehicle inspection. If it is known that such specification item is unavailable or not recommended at the tender stage, the bidder must provide such information as part of the tender. Failure to comply with this condition may result in rejection of the bid as non-responsive, cancellation of the contract or rejection of the unit at time of delivery, as the case may be. Inspections Mobile Equipment Interim and/or final inspections shall be carried out at the discretion of an authorized representative of the GNWT based on the information provided by the supplier except as follows: Inspections may be performed on all fuel, water, garbage, fire, dump, and stake trucks, dozers, loaders, graders, and specialty units based on technical specification(s) prior to shipment from the manufacturer. Inspections will be performed by the GNWT at the Supplier s premises or FOB point at the sole option of the GNWT. Inspections carried out at any other location at the request of the Supplier, shall be at the expense of the Supplier. If inspection reveals that the equipment is not substantially in

15 the condition as reported in the status reports and if additional inspection costs are incurred by the GNWT, the Supplier shall pay all travel costs incurred by the GNWT and the Supplier shall reduce the unit cost of the vehicle accordingly.