The Thames Valley District School Board (hereafter referred to as the TVDSB) invites interested parties to submit
sealed Tender submissions for supplying Printers and Scanners, subject to the conditions herein.
SECTION 1.1 BACKGROUND
1.1.1The Thames Valley District School Board is one of the largest public school boards in the province of
Ontario. The TVDSB is the employer of approximately 8,000 staff and operates 186 schools with an
estimated enrolment of 87,000 students. The TVDSB comprises all public schools within the counties of
Elgin, Middlesex and Oxford.
SECTION 1.2 PURPOSE
1.2.1 The purpose of this Tender is to provide interested parties with sufficient information to enable them to
prepare and submit Tenders for consideration by the TVDSB for Printers and Scanners.
2.0 TERMS & CONDITIONS OF THIS TENDER
SECTION 2.1 RETURN LOCATION
2.1.1Sealed Tenders must be returned to:
“Tenders Clerk,”
Tenders Clerk’s box, Main Floor Reception, Education Centre
Thames Valley District School Board,
P. O. Box 5888,
1250 Dundas Street
London, Ontario,
N6A 5L1
2.1.2The Tender envelope must show the Tender name, number, return date and time (as set out in Section 8.3 Labelling Instructions).
2.1.3The Tender submission must be returned to the “Tenders Clerk” for your Tender submission to be accepted.
2.1.4Delivery to the Tenders Clerk is the responsibility of the bidder.
SECTION 2.2 IMPORTANT DATES
2.2.1ISSUE DATE:Wednesday, May 18, 2005
2.2.2INTENT TO SUBMIT BID: Wednesday, May 25, 2005
2.2.3QUESTIONS: No later than 4:00 PM, local time, Wednesday, June 1, 2005
2.2.4ANSWERS TO QUESTIONS: Friday, June 3, 2005
2.2.5RETURN DATE and TIME:prior to 12:00:00 local time Wednesday, June 15, 2005
SECTION 2.3 QUESTIONS/REGISTRATION
2.3.1An intent to submit a bid shall be registered with Purchasing by fax by Wednesday, May 25, 2005. Only
registered bidders will receive questions and answers by Friday, June 3, 2005. A bidder registration form
(Intent to Submit Bid) is attached as Appendix A.
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
2.3.2All questions pertaining to this Tender shall be addressed to: Jennifer Coyne, Buyer, by Fax (519) 452-2399
no later than 4:00 PM (local time), Wednesday, June 1, 2005. After this date no further inquiries, concerns
or questions may be submitted. The TVDSB reserves the right to distribute in writing to all other registered
bidders a notice of content of any inquiry and the TVDSB’s response, by facsimile if any. All questions
pertaining to this Tender must be submitted in writing.
2.3.3 Questions concerning the terms and conditions of this Tender whether made orally or in writing,
to any individual other than indicated below may, at the sole discretion of the TVDSB, render your
submission non-compliant. Only registered bidders (see Appendix A) will receive questions and answers
by facsimile. Direct questions in written form only to: Jennifer Coyne, Buyer, by Fax (519) 452-2399
TVDSB will only be bound by written answers to questions.
2.3.4Should any questions raised by a bidder necessitate an addendum to this Tender, each registered bidder
will receive the addendum by facsimile.
SECTION 2.4 PRESENTATION/INTERVIEW/DEMONSTRATION
2.4.1Qualified bidders may be required to make a presentation/attend an interview at their own expense or
arrange a visit for the evaluation committee to an existing installed location that matches the requirements of
the Tender. No bid alterations will be allowed. Notification will be given to qualified bidders as to time and
place.
SECTION 2.5 DEFINITIONS
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. The
2.5.1The following words are used throughout this Tender and bidders shall note these conditions when
completing their Tender submission.
2.5.1.1 The word “MUST” - Bidders “must” include the required information in Tender submission. Failure
to include the required information will deem submission noncompliant.
2.5.1.2 The word “SHALL” - Bidders “shall” include the required information in Tender submission.
2.5.1.3 The word “NONCOMPLIANT” - Bids will be eliminated from further evaluation if the submission
does not include the required information.
SECTION 2.6 GENERAL CONDITIONS
2.6.1Any response submitted to the Tender is IRREVOCABLE for 120 days.
2.6.2A bidder who has already submitted a bid may submit an addendum in writing and signed by the bidder at
any time up to the official closing time. (No facsimiles shall be accepted). The last submission shall
supercede and invalidate all previous submissions by that bidder as it applies to this Tender. Addenda must
be submitted to the Tender Clerk’s Box in the same manner and within the same time constraints as the
Tender submission.
2.6.3A bidder may withdraw the bid at any time up to the official closing time by letter bearing his/her signature
and seal as it is in the submission. Withdrawal requests received after the closing date shall not be
permitted. Submission withdrawals must be submitted to the Tender Clerk’s box in the same manner and
within the same constraints as a Tender submission.
2.6.4The issuance of this call for Tender shall not constitute any obligation on the part of the TVDSB to any firm
or individual who submits a Tender.
2.6.5The bidder shall have satisfactorily fulfilled all relevant obligations as required under the terms and
conditions of any previous award in order to be considered as an acceptable bidder.
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
2.6.6The laws of the Province of Ontario shall govern in any dispute occasioned through the performance or
nonperformance and/or workmanship of this Tender.
2.6.7The TVDSB reserves the right to withdraw the award of the contract to a successful bidder(s) within 30 days
of the award if in the opinion of the TVDSB the successful bidder(s) is unable or unwilling to enter into a form
of contract satisfactory to the TVDSB. The TVDSB shall be entitled to do so without any liability being
incurred by the TVDSB to the bidder.
2.6.8The lowest or any Tender submission may not necessarily be accepted. The TVDSB reserves the right to
decline any or all Tender submissions, or to cancel the Tender call in whole or in part at any time prior to
making an award, for any reason, or no reason, without liability being incurred by the TVDSB to any bidder
for any expense, cost, loss or damage incurred or suffered by the bidder as a result of such withdrawal.
2.6.9All costs associated with the preparation of this Tender will be solely the responsibility of the bidder.
2.6.10 The TVDSB reserves the right to decline or purchase one or all items in this Tender from one supplier or
from multiple suppliers.
2.6.11 It is the TVDSB’s intention that the successful bidder’s returned Tender forms the contract. All of the terms
and conditions of this Tender are assumed to be accepted by the bidder and incorporated into the bidder’s
Tender submission. It is the TVDSB’s intention to use a Purchase Order, when establishing a contract with
the successful bidder(s).
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2.6.12 The successful bidder(s) shall not at any time subcontract any portion of its contract with the TVDSB nor
shall it assign the contract without the written permission of the TVDSB. The successful bidder(s) shall not,
at any time, change subcontractors approved by the TVDSB without written permission of the TVDSB.
2.6.13 While the TVDSB has used considerable efforts to ensure an accurate representation of information in this
Tender, the information contained herein is contained solely as a guideline for bidders. The information is
not guaranteed or warranted to be accurate by the TVDSB, nor is it necessarily comprehensive or
exhaustive. Nothing in this Tender is intended to relieve bidders from forming their own opinions and
conclusions in respect to the matters addressed in this Tender.
2.6.14 Any Tender submissions which do not strictly comply with the provisions, procedures and requirements of
this Tender, or are incomplete, ambiguous, or which contain errors, alterations, misleading information,
omissions, or irregularities of any kind, may be rejected and disqualified at the discretion of the TVDSB. All
bidders agree to provide all such additional information as, and when requested, at their own expense,
provided no bidder in supplying any such information shall be allowed, in any way to change the pricing or
other cost quotations originally given in its Tender submission or in any way materially alter or add to the
solution originally proposed.
2.6.15 All TVDSB policies, procedures and regulations must be adhered to by the successful bidder(s).
2.6.15.1Smoking is prohibited in all TVDSB buildings and on all TVDSB property.
2.6.15.2Some TVDSB sites are equipped with video surveillance cameras.
2.6.15.3The successful bidder(s) is obliged to cooperate with all recycling and environmental
procedures and initiatives established by government, the TVDSB and each school.
2.6.16 The successful bidder(s) will reimburse the TVDSB for any damages through negligence or willful acts of
any of the successful bidder(s) employees or contracted staff.
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
2.6.17 The successful bidder(s) and their employees shall not be considered TVDSB employees and shall not
represent themselves as an agent of the TVDSB nor be eligible for any of the benefits provided to TVDSB
employees.
2.6.18 The TVDSB reserves the right to demand the removal of any successful bidder’s employees engaged in this
contract if, in the TVDSB’s opinion, their conduct has been of an unacceptable nature.
2.6.19 This Tender is being issued pursuant to the TVDSB’s Purchasing Policies and Procedures.
SECTION 2.7 QUALITY
2.7.1Unless otherwise specified equipment must be new items, in good condition, fit for the purpose for which
they are being acquired and free from defects. The decision of the TVDSB pertaining to items being
rejected is final.
2.7.2Any material or equipment, which in the opinion of the TVDSB, does not completely fulfill the specifications,
must be removed at the expense of the successful bidder(s) and be replaced immediately with the material,
or equipment, that fulfills the specifications.
2.7.3Any service or work ordered, which in the opinion of the TVDSB, does not completely fulfill the
specifications, must be completed at the expense of the successful bidder(s) and be replaced immediately
with the material, equipment, services or work that fulfills the specifications.
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2.7.4In addition to price, quality and suitability to school use will be the first consideration. Delivery lead times,
service, performance record, manufacturer’s warranties and the value of the overall award will be also taken
into consideration when awarding this contract. Manufacturers’ brand names and numbers are used for the
guidance of bidders. Manufacturers’ name and model number must be indicated in the appropriate field INEVERY CASE. Alternate items of equal quality will be considered. The determination of equal quality will
be based on our internal professional opinions.
2.7.5The successful bidder(s) will carry out all warranty work to the satisfaction of the TVDSB. All warranty work
to be performed by appropriately certified staff.
SECTION 2.8 CANCELLATION OF CONTRACT / LOSS OFSERVICE
2.8.1The TVDSB reserves the right to terminate this contract within 30 days written notice if, in its opinion, the
successful bidder(s) fails to meet the terms and conditions of the contract. Notwithstanding the termination
of the contract, the successful bidder(s) shall remain responsible for its obligations under this contract up to
the date of termination. The TVDSB reserves the right to commence an action in a court of competent
jurisdiction against the successful bidder(s) for damages that result from the breach of the terms and
conditions of the contract, by the successful bidder(s).
2.8.2The TVDSB shall have the right to retain and set off from any monies payable to the successful bidder(s)
under the contract the total outstanding amount from time to time and for all damage claims by the TVDSB
or any third parties arising out of this contract which have not been resolved by the successful bidder(s) or
its insurer.
2.8.3 The TVDSB reserves the right to withhold monies owing under a contract to the value of the obligation to a
maximum of the monies owing to the successful bidder(s) for any indebtedness of the supplier that may
impact on the TVDSB.
2.8.4The successful bidder(s) shall be responsible for ensuring continuous delivery of the goods and services in
the event of a labour disruption by either, the successful bidder(s), the TVDSB’s staff or third party
interruptions.
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
2.8.5In the event that the successful bidder(s) becomes insolvent, and/or the successful bidder(s) is unable or
unwilling to provide the contracted service for a period of more than 30 consecutive days during the period
of the contract, the TVDSB shall have the right to replace the successful bidder(s) with another service
provider suitable to the TVDSB in addition to all of its other rights pursuant to the term of this Tender.
SECTION 2.9 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
2.9.1Bidders agree that all documentation and information contained in any Tender submissions and any
addendum that becomes the property of the TVDSB shall be subject to disclosure pursuant to an application
pursuant to a Municipal Freedom of Information and Protection of Privacy Act request for disclosure.
Notwithstanding that a Tender submission or an addendum may contain a trade secret of the bidder,
intellectual property right of the bidder, or scientific, technical, commercial, pricing or other financial or labour
relations information or any other similar secret. A bidder specifically consents to the disclosure of any and
all information contained in their Tender or any addendum pursuant to a request for disclosure pursuant to a
Municipal Freedom of Information and Protection of Privacy Act and such consent shall be considered a
consent given pursuant to Subsection 10(2) of the said Act. Notwithstanding the aforesaid, the bidder
assigns all right, title and interest that is has in the Tender, and any addendum to the TVDSB, including the
right to copy and/or publish the same as the TVDSB sees fit, notwithstanding that no request for disclosure
is made pursuant to the Municipal Freedom of Information and Protection of Privacy Act.
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2.9.2All bidders agree not to disclose any information provided by the TVDSB in this Tender to any third party
without the written consent of the TVDSB.
SECTION 2.10 HUMAN RIGHTS AND CHILD LABOUR LAWS
2.10.1 Any infringement on human rights, but namely those of children, is of considerable concern to the TVDSB.
Bidders wishing to do business with the TVDSB are asked to promote the purchase of goods from
companies that operate in full compliance with the laws of their respective countries and with all applicable
child labour laws, rules and regulations related to hiring, wages, hours worked, overtime and working
conditions.
2.10.2 Bidders shall include in Appendix D, or attach a statement to this competitive bid indicating your firm’s
policy and present practices and procedures in place to encourage promotion of this objective.
2.10.3 For bidders information the web site address of the International Labour Organization and its objectives
toward the abolition of child labour is:
2.11.1 All equipment requiring approval (Hydro One, C.S.A., ULC., etc.) shall be completely assembled and shall
bear label showing approval of assembly prior to delivery. The TVDSB shall not accept any equipment that
has not been inspected and approved. If not so approved, the TVDSB reserves the right to invoice the
successful bidder(s) for the cost of certification/replacement.
2.11.2 Every person who supplies any machine, device, tool, equipment or service to the TVDSB shall ensure that
the machine, device, tool, equipment or service complies with the Occupational
Regulations of Industrial Establishments. The “Burden of Proof
2.11.3 The Ministry of Education and Training and the Ministry of Health provides regulations specifying which
substances/ products are not acceptable. If applicable, the successful bidder(s) must supply MATERIAL
SAFETY DATA SHEETS providing us with the breakdown of components for any products used in our
facilities.
” rests with the supplier.
Health and Safety Act and
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
2.11.4 The Occupational Health and Safety Act describes the responsibilities of an employer. The TVDSB requires
contractors maintain procedures, training and enforcement so that the responsibilities are carried out at our
workplace. The contract shall abide by and strictly adhere to the regulations and conditions set out and laid
down by the most current versions of the Occupational Health and Safety Act, 1990, Chapter 0-1. Their
workers must be trained in WHIMS in accordance with Occupational Health and Safety Act Regulations.
They must adhere to all of the TVDSB’s Health and Safety Policy, Procedures and Guidelines and Municipal
Bylaws.
SECTION 2.12 WORKPLACE SAFETY AND INSURANCE BOARD
2.12.1 The successful bidder must ensure that all work is covered by the Workplace Safety & Insurance Board for
the duration of this contract.
2.12.2 The successful bidder shall furnish a Certificate of Clearance from the Workplace Safety & Insurance Board
as evidence that he has made all returns and paid all necessary assessments as required or levied by the
Workplace Safety & Insurance Board. The Certification is to be furnished prior to commencement of work.
The successful bidder further agrees to maintain that good standing throughout the contract period. It is
therefore the responsibility of the Contractor to ensure that the Workplace Safety & Insurance Board
Certificate is updated every sixty (60) days.
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SECTION 2.13 COMMERCIAL GENERAL LIABILITY INSURANCE
2.13.1 The successful bidder(s) must be covered by Commercial General Liability Insurance.
2.13.2 Each bidder shall show proof with the submission of this bid (See Appendix B, Certificate of Insurance),
and annually thereafter for the term of the contract, that upon the award of this contract that it will be covered
by Commercial Liability Insurance with coverage limits of $5,000,000 per occurrence for liability arising at
law for damages caused by reason of bodily injury (including death) or damage to property by employees or
subcontractors. If the bidder does not presently have $5,000,000 per occurrence of Commercial General
Liability Insurance coverage, the bidder shall provide a written assurance from his insurer or agent on the
insurer or agent’s letterhead that liability insurance limits will be increased to $5,000,000 per occurrence
from the commencement of the contract and annually thereafter for the term of the contract, shall the
contract be awarded to the bidder. This liability policy will contain coverage the following coverage on an
occurrence basis:
Personal Injury & Property Damage
Broad Form Property Damage
Products Completed Operation Insurance
Contingent Employees Liability
Cross Liability Clause and Severability of Interest Clause
Non-Owned Automobile Liability
Owners and Contractors Protective Coverage
Contractual Liability
2.13.3 Upon contract award, if the successful bidder(s) has provided written assurance in their bid submission of
their ability to obtain the necessary insurance coverage, the bidder(s) shall be required to submit certification
in a form satisfactory to the TVDSB. This will include the Certificate of Insurance attached to thisRequest for Proposal, (See Appendix B), of the above-mentioned coverage to protect the TVDSB against
claims for property damage and personal injuries, including accidental death, caused by the successful
bidder(s) or its employees or subcontractors during the performance of its obligations under the contract.
2.13.4 The successful bidder(s) agrees to indemnify, hold harmless and defend the TVDSB from and against any
and all liability for loss, damage and expense, which the TVDSB may suffer or for which the TVDSB may be
held liable by reason or injury (including death) or damage to any property arising out of negligent or wilful
acts on the part of the successful bidder(s) or any of its representatives or employees or subcontractors in
the execution of the work performed or from defects in the equipment supplied.
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
SECTION 2.14 MOTOR VEHICLE LIABILITY INSURANCE
2.14.1 Each bidder shall show proof with the submission of this bid (See Appendix B, Certificate of Insurance),
and annually thereafter for the term of the contract, that upon the award of this contract that it will be covered
by Automotive Liability Insurance with coverage limits of $2,000,000
primary coverage and/or Umbrella Coverage and/or otherwise), arising at law for damages caused by
reason of bodily injury (including death) or damage to property by employees or subcontractors. If the bidder
does not presently have $2,000,000 per occurrence of Automobile Liability Insurance Coverage, the bidder
shall provide a written assurance from his insurer or agent on the insurer or agent’s letterhead that liability
insurance limits will be increased to $2,000,000 per occurrence from the commencement of the contract and
annually thereafter for the term of the contract, shall the contract be awarded to the bidder. This liability
policy will contain the following coverage on an occurrence basis:
Third Party Liability coverage in the form of policy known as OAP-1.
2.14.2 Upon contract award, if the successful bidder(s) has provided written assurance in their bid submission of
their ability to obtain the necessary insurance coverage, the bidder(s) shall be required to submit certification
in a form satisfactory to the TVDSB. This will include the Certificate of Insurance attached tothisRequest for Proposal, (See Appendix B) of the above mentioned coverage to protect the TVDSB against
claims for property damage and personal injuries, including accidental death, caused by the successful
bidder(s) or its employees or subcontractors during the performance of its obligations under the contract by
way of the ownership or operation of a motor vehicle.
per occurrence for liability (by way of
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2.14.3 The successful bidder(s) agrees to indemnify, hold harmless, and defend, the TVDSB from and against any
and all liability for loss, damage and expense, which the TVDSB may suffer or for which the TVDSB may be
held liable by reason of injury (including death) or damage to any property arising out of negligence on the
part of the successful bidder(s) or any of its representatives or employees by way of the ownership or
operation of a motor vehicle.
3.0 TENDER AWARD
SECTION 3.1 EVALUATION PROCESS
3.1.1An evaluation committee will be established to evaluate Tenders.
3.1.2 All Tenders will first be evaluated on their compliance with the requirements of this Tender.
3.1.3All compliant Tenders will be evaluated by a TVDSB evaluation committee based on the following evaluation
criteria:
3.1.3.1Price
3.1.3.2Compliance with Specifications
3.1.4Compliant bidders may be requested to make a presentation of their Tender for clarification only. No
alteration of your submission will be permitted. Notification will be given to qualified bidders as to the time
and place. The presentation shall be at the expense of the bidder.
SECTION 3.2 AWARD AND NOTIFICATION OF CONTRACT
3.2.1The results of this Tender will be available from Jennifer Coyne, Buyer, approximately 90 days after Tender
closing.
3.2.2The results of this Tender will be posted to the TVDSB Web Site as soon as decisions have been made.
See www.tvdsb.on.ca/Purchasing
“Results” checkmark.
/Bids/Proceed to Inquiry Download Page/Tender#45 - click on the
THAMES VALLEY DISTRICT SCHOOL BOARD
PRINTERS and SCANNERS TENDER
TERMS & CONDITIONS
3.2.3The successful bidder(s) will be notified by telephone.
3.2.4The unsuccessful bidder(s) will be notified in writing.
3.2.5A debriefing will be available upon request after awards have been posted to our website. Requests must
be submitted in writing to: Jennifer Coyne, Buyer, by Fax (519) 452-2399.
4.1.1 This contract will endure for a term of one year starting July 1, 2005 and ending June 30, 2006. The TVDSB
may terminate the contract at the end of the first year or the TVDSB may exercise the option to extend this
contract for a second year and possibly a third year. Should the second and third year option be exercised,
the TVDSB shall advise the successful bidder(s) in writing of the yearly extensions no later than (60) days
prior to the contract expiry date. Bidders shall state, in Appendix D, if a second and/or third year option
would be considered.
SECTION 4.2 PRICING
4.2.1All charges must be included in the cost of the item. Prices quoted must be for goods and services exactly
as specified and in Canadian Funds, unless otherwise indicated. Prices shall remain firm for 90 days from
your submission date and will be in force for one year from the commencement of this agreement.
4.2.2 The successful bidder(s) must notify the TVDSB at least one hundred and twenty (120) days prior to the one
year anniversary date of any price increases. The TVDSB has the option in writing to accept this pricing and
renew for a second year or terminate the agreement at the end of the first year. If a second year option is
accepted, the successful bidder(s) must again, notify the TVDSB at least one hundred and twenty (120)
days prior to the second year anniversary of any price increases. The TVDSB has the option in writing to
accept the pricing and renew for a third year or terminate the agreement at the end of the second year.
For any price increases to be acceptable, a manufacturers letter of industry increase would be
required and ONLY those increases could be charged in the second and/or third year.
4.2.3The TVDSB would like to take advantage of any promotions, price decreases or new technologies available
during the term of the contract. Bidders shall state, in Appendix D, your company’s strategy related to
promotions, price decreases or new technologies.
4.2.4Bidders must complete the pricing section which is installed using the Setup.exe file. Bidders must print
and sign Bid Report. (See Section 8.2 - Electronic Bid Instructions)
4.2.5Prices must
FREIGHT EXTRA.
SECTION 4.3 TAXES
include delivery. F.O.B. destination. NO AWARDS WILL BE MADE TO FIRMS QUOTING
4.3.1GST and PST: Where applicable, Goods & Services Tax, and Provincial Sales Tax must be shown
separately as extras on all invoices in accordance with Canadian and Provincial Government regulations.
SECTION 4.4 DELIVERY & ORDERING
4.4.1Delivery for all items will be directly to our Schools, Distribution Centre, Facility Services Office or
Community Education Centres. For a list of TVDSB locations see:
http://www.tvdsb.on.caa/directory/our_schools.asp
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