Modernisation d'élévateurs, succursale postale A, Saint John (Nouveau-Brunswick)

Trade Agreement: Agreement on Internal Trade (AIT)
Tendering Procedures: Suppliers on permanent list or able to
meet qualification requirements
Attachment: YES (MERX) Electronic
Competitive Procurement Strategy: Lowest/Lower Bid
Comprehensive Land Claim Agreement: No
Nature of Requirements:

IMPORTANT NOTICE TO BIDDER

THIS DOCUMENT CONTAINS A SECURITY REQUIREMENTS

IMPORTANT CHANGES HAVE BEEN INTRODUCED TO GI01 "CODE OF CONDUCT
AND CERTIFICATION - BID" OF R5110T, GENERAL INSTRUCTIONS TO
BIDDERS.

CLAUSES REFERRED TO BY NUMBER (I.E. R5110T, 2035, R2890D, ETC.)
CAN BE FOUND AT THE FOLLOWING WEBSITE:
buyandsell.gc.ca/policy-and-guidelines/standard-acquisition-claus
es-and-conditions-manual/all (to proceed with a search, insert
clause reference number in ID box).

AMENDED CONTRACT SECURITY REQUIREMENTS FOR CONSTRUCTION
The required amount of a security deposit or of a letter of
credit is established at 20% of the contract amount with no
maximum. See GC9.2 of R2890D - Contract Security. Please note
that security deposits and letters of credit are no longer
accepted in combination with labour and material payment bonds.

LIMITATION OF LIABILITY for CONSTRUCTION

PWGSC is limiting the Contractor's first party liability for
work in Low Rise, High Rise and Heritage Buildings. See changes
to GC1.6 of R2810D "Indemnification By the Contractor" in the
Supplementary Conditions.

TABLE OF CONTENTS

1- SPECIAL INSTRUCTIONS TO BIDDERS
Requirement
Pre-qualified List
Bid Documents
Enquiries During the Solicitation Period
Site Visit
Revision of Bid
Basis of Selection
Insufficient Funding
Bid Validity Period
Construction Documents
Security Requirement
Former Public Servant
Websites

2- CONDITIONS - CONSTRUCTION
CDA01 Contract Documents

3- BID AND ACCEPTANCE FORM
BA01 Identification
BA02 Business Name and Address of Bidder
BA03 The Offer
Construction
BA04 Bid Validity Period
BA05 Acceptance and Contract
BA06 Term of Contracts
BA07 Bid Security
BA08 Signature

4- CERTIFICATIONS
4.1 Mandatory Certifications Required Precedent to Contract
Award

Annex A - Specifications for Elevating Devices Maintenance- Part
B
Annex B - Complete List of names of all individuals who are
currently directors of the Bidder

1- SPECIAL INSTRUCTIONS TO BIDDERS

SI01 REQUIREMENT

The Department of Public Works and Government Services Canada
has a requirement for the provision of all necessary labour and
material, including overtime required to meet the project
schedule, to modernize two (2) traction passenger elevators
designed as Provincial numbers 0264 and 0265 located Postal
Station A, 126 Prince William Street, Saint John, New Brunswick.
Provide all work required for a completed projected, accepted
by the Authority having jurisdiction.

The estimate for this opportunity is within the following cost
category: $500,001 - $1 Million

SI02 PRE-QUALIFIED LIST

Only bids from Bidders whose names are on all the applicable
Lists of Prequalified Elevator Maintenance Contractors for the
province of New Brunswick and for all the following type of
equipment (Traction Elevators) will be considered for this
solicitation.

SI03 BID DOCUMENTS

1) The following are the bid documents:

(a) Invitation to Tender - Page 1;
(b) Special Instructions to Bidders;
(c) General Instructions to Bidders R5110T (2013-04-25);
(d) Drawings and Specifications - Part A;
(e) Specifications for Elevating Devices Maintenance - Part B;
(f) Clauses and conditions identified in "Contract Documents"
articles - CDA01 and CDB01;
(g) Bid and Acceptance Form; and
(h) Any amendment issued prior to the bid closing.

Submission of a bid constitutes acknowledgement that the Bidder
has read and agrees to be bound by these documents.

2) General Instructions to Bidders (R5110T) is incorporated by
reference and is set out in the Standard Acquisition Clauses and
Conditions (SACC) Manual, issued by Public Works and Government
Services Canada (PWGSC). The SACC Manual is available on the
PWGSC Wweb site:
https://buyandsell.gc.ca/policy-and-guidelines/standa…
on-clauses-and-conditions-manual.

SI04 ENQUIRIES DURING THE SOLICITATION PERIOD

1) Enquiries regarding this solicitation must be submitted in
writing to the Contracting Officer named on the Invitation to
Tender - Page 1 as early as possible within the solicitation
period. Except for the approval of alternative materials as
described in GI14 of R5110T "General Instructions to Bidders",
enquiries should be received no later than five (5) calendar
days prior to the date set for solicitation closing to allow
sufficient time to provide a response. Enquiries received after
that time may not result in an answer being provided.

2) To ensure consistency and quality of the information provided
to Bidders, the Contracting Officer shall examine the content of
the enquiry and shall decide whether or not to issue an
amendment.

3) All enquiries and other communications related to this
solicitation sent throughout the solicitation period are to be
directed ONLY to the Contracting Officer named on the Invitation
to Tender - Page 1. Non-compliance with this requirement during
the solicitation period can, for that reason alone, result in
disqualification of a bid.

SI05 SITE VISIT

It is recommended that the bidder or representative of the
bidder visit the work site and inspect examine the site and its
surroundings and satisfy themselves as to the form and nature of
the work and materials necessary for the completion of the work,
the means of access to the site, the accommodation they may
require, and in general shall themselves obtain all necessary
information as to risks, contingencies and other circumstances
which may influence or affect their tender. No allowance shall
be made subsequently in this connection on account of error or
negligence to properly observe and determine the conditions that
will apply. Arrangements for a tour of the site on August 21 at
10:00 can be made with Robert Surette (902) 496-5332. Bidders
that do not visit are not precluded from submitting a bid.

SI06 REVISION OF BID

A bid may be revised by letter or facsimile in accordance with
GI09 of R5110T "General Instructions to Bidders". The facsimile
number for receipt of revisions is (902) 566-7514.

SI07 BASIS OF SELECTION

1) The Bidder submitting the compliant bid with the lowest Total
Evaluated Price will be recommended for award of both resulting
contracts.

SI08 INSUFFICIENT FUNDING

1) In the event that the lowest compliant bid exceeds the amount
of funding allocated for the Work, Canada in its sole discretion
may

(a) cancel the solicitation; or

(b) obtain additional funding and award the Contract to the
Bidder submitting the lowest compliant bid; and/or

(c) negotiate a reduction in the bid price and/or scope of work
of not more than 15% with the Bidder submitting the lowest
compliant bid. Should an agreement satisfactory to Canada not
be reached, Canada shall exercise option (a) or (b).

SI09 BID VALIDITY PERIOD

1) Canada reserves the right to seek an extension to the bid
validity period prescribed in BA04 of the Bid and Acceptance
Form. Upon notification in writing from Canada, Bidders shall
have the option to either accept or reject the proposed
extension.

2) If the extension referred to in paragraph 1) of SI09 is
accepted, in writing, by all those who submitted bids, then
Canada shall continue immediately with the evaluation of the
bids and its approvals processes.

3) If the extension referred to in paragraph 1) of SI09 is not
accepted in writing by all those who submitted bids then Canada
shall, at its sole discretion, either

(a) continue to evaluate the bids of those who have accepted
the proposed extension and seek the necessary approvals; or

(b) cancel the invitation to tender.

4) The provisions expressed herein do not in any manner limit
Canada's rights in law or under GI10 of R5110T of the "General
Instructions to Bidders".

SI10 CONSTRUCTION DOCUMENTS

1) The successful contractor will be provided with one paper
copy of the sealed and signed drawings, the construction
specificationse and the amendments upon acceptance of the offer.
Additional copies, up to a maximum of one (1) will be provided
free of charge upon request by the contractor. Obtaining more
copies shall be the responsibity of the contractor including
costs.

SI11 SECURITY REQUIREMENT

N/A

SI12 FORMER PUBLIC SERVANT
Contracts with former public servants (FPS) in receipt of a
pension or of a lump sum payment must bear the closest public
scrutiny, and reflect fairness in the spending of public funds.
In order to comply with Treasury Board policies and directives
on contracts with FPS, bidders must provide the information
required below before contract award.

Definitions

For the purposes of this clause, "former public servant" is any
former member of a department as defined in the Financial
Administration Act, R.S., 1985, c. F-11, a former member of the
Canadian Armed Forces or a former member of the Royal Canadian
Mounted Police. A former public servant may be:

(a) an individual;
(b) an individual who has incorporated;
(c) a partnership made of former public servants; or
(d) a sole proprietorship or entity where the affected
individual has a controlling or major interest in the entity.

"lump sum payment period" means the period measured in weeks of
salary, for which payment has been made to facilitate the
transition to retirement or to other employment as a result of
the implementation of various programs to reduce the size of the
Public Service. The lump sum payment period does not include
the period of severance pay, which is measured in a like manner.

"pension" means a pension or annual allowance paid under the
Public Service Superannuation Act (PSSA), R.S., 1985, c. P-36,
and any increases paid pursuant to the Supplementary Retirement
Benefits Act, R.S., 1985, c. S-24 as it affects the PSSA. It
does not include pensions payable pursuant to the Canadian
Forces Superannuation Act, R.S., 1985, c. C-17, the Defence
Services Pension Continuation Act,, 1970 c. D-3, the Royal
Canadian Mounted Police Pension Continuation Act, 1970, c. R-10,
and the Royal Canadian Mounted Police Superannuation Act, R.S.,
1985, c. R-11, the Members of Parliament Retiring Allowances
Act, R.S., 1985, c. M-5, and that portion of pension payable to
the Canada Pension Plan Act, R.S., 1985, c. C-8.

Former Public Servant in Receipt of a Pension

As per the above definitions, is the Bidder a FPS in receipt of
a pension?
YES ( ) NO ( )

If so, the Bidder must provide the following information, for
all FPS in receipt of a pension, as applicable:

(a) name of former public servant;
(b) date of termination of employment or retirement from the
Public Service.

By providing this information, Bidders agree that the successful
Bidder's status, with respect to being a former public servant
in receipt of a pension, will be reported on departmental
websites as part of the published proactive disclosure reports
in accordance with Contracting Policy Notice: 2012-2 and the
Guidelines on the Proactive Disclosure of Contracts.

Work Force Adjustment Directive

Is the Bidder a FPS who received a lump sum payment pursuant to
the terms of the Work Force Adjustement Directive? YES ( )
NO ( )

If so, the Bidder must provide the following information:

(a) name of former public servant;
(b) conditions of the lump sum payment incentive;
(c) date of termination of employment;
(d) amount of lump sum payment;
(e) rate of pay on which lump sum payment is based;
(f) period of lump sum payment including start date, end date
and number of weeks;
(g) number and amount (professional fees) of other contracts
subject to the restrictions of a work force adjustment program.

For all contracts awarded during the lump sum payment period,
the total amount of fees that may be paid to a FPS who received
a lump sum payment is $5,000, including the Applicable TaxesGoods

SI13 WEB SITES

The connection to some of the Web sites in the solicitation
documents is established by the use of hyperlinks. The
following is a list of the addresses of the Web sites:

Agreement to Implement Equity (LAB1168)
http://www.servicecanada.gc.ca/cgi-bin/search/eforms/…
p=prfl&frm=lab1168&ln=eng

Bid Bond (form PWGSC-TPSGC 504)
http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/documents/…

Canadian economic sanctions
http://www.international.gc.ca/sanctions/index.aspx?l…

Canadian Payments Act
http://laws-lois.justice.gc.ca/eng/acts/C-21/index.html

Certificate of Insurance (form PWGSC-TPSGC
357) http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/documents/…

Code of Conduct for Procurement,
http://www.tpsgc-pwgsc.gc.ca/app-acq/cndt-cndct/index…

Competition Act http://laws-lois.justice.gc.ca/eng/acts/C-34/

Consent to a Criminal Record Verification (form PWGSC-TPSGC 229)
http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/documents/…

Contractor Performance Evaluation Report (Form PWGSC-TPSGC
2913) http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/documents/…
df

Contracts Canada http://www.contractscanada.gc.ca/index-eng.html

Controlled Drugs and Substances
Act http://laws-lois.justice.gc.ca/eng/acts/C-38.8/

Corruption of Foreign Public Officials
Act http://www.justice.gc.ca/eng/dept-min/pub/cfpoa-lcape…
html

Criminal Code of
Canada http://laws-lois.justice.gc.ca/eng/acts/C-46/

Domestic Bonds of Canada
Regulations
http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._698/ind
ex.html

Employment Equity
Act http://laws-lois.justice.gc.ca/eng/acts/E-5.401/

Excise Tax Act http://laws-lois.justice.gc.ca/eng/acts/E-15/

Financial Administration
Act http://laws-lois.justice.gc.ca/eng/acts/f-11/

Federal Contractors Program - Limited Eligibility to Bid List
http://www.labour.gc.ca/eng/standards_equity/eq/emp/f…
ig.shtml

Income Tax
Act http://laws-lois.justice.gc.ca/eng/acts/I-3.3/index.html

Labour and Material Payment Bond (form PWGWSC-TPSGC 506)
http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/documents/…

Lobbying Act http://laws-lois.justice.gc.ca/eng/acts/L-12.4/

Performance Bond (form PWGSC-TPSGC
505) http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/documents/…

SACC Manual
https://buyandsell.gc.ca/policy-and-guidelines/standa…
on-clauses-and-conditions-manual

PWGSC Industrial Security Services,
http://ssi-iss.tpsgc-pwgsc.gc.ca/index-eng.html

Schedules of Wage Rates for Federal Construction
Contracts http://www.rhdcc-hrsdc.gc.ca/eng/labour/employment_stan
dards/contracts/schedule/index.shtml

Supplier Registration Information
https://srisupplier.contractscanada.gc.ca/

Treasury Board Appendix L, Acceptable Bonding
Companies http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=14494&sect
ion=text#appL

2- CONDITIONS - CONSTRUCTION

CDA01 CONTRACT DOCUMENTS

1) The following are the contract documents:

(a) Contract page when signed by Canada;
(b) Duly completed Bid and Acceptance Form;
(c) Drawings and Specifications;
(d) The following clauses and conditions:
General Conditions:
GC1 General Provisions R2810D (2013-04-25);
GC2 Administration of the Contract R2820D (2012-07-16);
GC3 Execution and Control of the Work R2830D (2010-01-11);
GC4 Protective Measures R2840D (2008-05-12);
GC5 Terms of Payment R2850D (2010-01-11);
GC6 Delays and Changes in the Work R2860D (2013-04-25);
GC7 Default, Suspension or Termination of
Contract R2870D (2008-05-12);
GC8 Dispute Resolution R2880D (2012-07-16);
GC9 Contract Security R2890D (2012-07-16);
GC10 Insurance R2900D (2008-05-12);
Supplementary Conditions;
Insurance Terms R2910D (2008-12-12);
Fair Wages and Hours of Labour - Labour
Conditions R2940D (2012-07-16);
Allowable Costs for Contract Changes Under
GC6.4.1 R2950D (2007-05-25);
Schedules of Wage Rates for Federal Construction Contracts;
Any amendment issued or any allowable bid revision received
before the date and time set for solicitation closing;
Any amendment incorporated by mutual agreement between Canada
and the Contractor before acceptance of the bid; and
Any amendment or variation of the contract documents that is
made in accordance with the General Conditions.

2) The documents identified by title, number and date are
incorporated by reference and are set out in the Standard
Acquisition Clauses and Conditions (SACC) Manual, issued by
Public Works and Government Services Canada (PWGSC). The SACC
Manual is available on the PWGSC website:
https://buyandsell.gc.ca/policy-and-guidelines/standa…
on-clauses-and-conditions-manual .

3) Schedules of Wage Rates for Federal Construction Contracts is
included by reference and may be accessed from the website:
http://www.rhdcc-hrsdc.gc.ca/eng/labour/employment_st…
tracts/schedule/index.shtml.

4) The language of the contract documents shall be the language
of the Bid and Acceptance Form submitted.

3- BID AND ACCEPTANCE FORM

BA01 IDENTIFICATION

Elevator Upgrade,
Postal Station A,
Saint John, New Brunswick

Project Number: R.065244.001

BA02 BUSINESS NAME AND ADDRESS OF BIDDER

Name:____________________________________________________________
__________________

Address:_________________________________________________________
___________________

________________________________________________________________
_____________

Telephone: _____________________ Fax:_____________________
PBN: __________________

BA03 THE OFFER

The Bidder offers to Her Majesty the Queen in right of Canada to
perform and complete the Work for the above named project in
accordance with the Bid Documents for

Construction
the Total Bid Amount of

$ __________________________________________excluding Applicable
Taxes;
(to be expressed in numbers only)

BA04 BID VALIDITY PERIOD

The bid shall not be withdrawn for a period of 30 days following
the date of solicitation closing.

BA05 ACCEPTANCE AND CONTRACT

Upon acceptance of the Contractor's offer by Canada, one (1)
binding Contract shall be formed between Canada and the
Contractor. The documents forming the Contracts shall be the
contract documents referred to in CDA01.

BA06 TERM OF CONTRACTS

1) The Contractor shall perform and complete the Work of
Construction, within [42] weeks from the date of notification of
acceptance of the offer.

BA07 BID SECURITY

The Bidder must enclose bid security with its bid for
Construction in accordance with GI06 BID SECURITY REQUIREMENTS
of R5110T of "General Instructions to Bidders" .

BA08 SIGNATURE

Name and title of person authorized to sign on behalf of Bidder
(Type or print)

Signature Date

4- CERTIFICATIONS

Bidders must provide the required certifications and
documentation to be awarded a contract.

The certifications provided by bidders to Canada are subject to
verification by Canada at all times. Canada will declare a bid
non-responsive, or will declare a contractor in default, if any
certification made by the Bidder is found to be untrue whether
during the bid evaluation period or during the contract period.
The Contracting Authority will have the right to ask for
additional information to verify the Bidder's certifications.
Failure to comply with any request or requirement imposed by the
Contracting may render the bid non-responsive or will constitute
a default under the contract.

4.1 Mandatory Certifications Required Precedent to Contract
Award

4.1.1 Code of Conduct and Certifications - Related Documentation
By submitting a bid, the Bidder certifies that the Bidder and
its affiliates are in compliance with the provisions as stated
in Section 01Code of Conduct and Certifications - Bid of General
Instructions to Bidders R5110T. The related documentation
therein required will assist Canada in confirming that the
certifications are true.

.

ANNEX A - SPECIFICATION

ANNEX B - COMPLETE LIST OF NAMES OF ALL INDIVIDUALS WHO ARE
CURRENTLY DIRECTORS OF THE BIDDER

NOTE TO BIDDERS
WRITE DIRECTOR'S SURNAMES AND GIVEN NAMES IN BLOCK LETTERS

Delivery Date: Above-mentioned

The Crown retains the right to negotiate with suppliers on any
procurement.

Documents may be submitted in either official language of Canada.