Repair & Maintenance Services

Trade Agreement: WTO-AGP/NAFTA/AIT/Canada-Peru
FTA/Canada-Colombia FTA
Tendering Procedures: All interested suppliers may submit a bid
Attachment: None
Competitive Procurement Strategy: Lowest/Lower Bid
Comprehensive Land Claim Agreement: No
Nature of Requirements: 
Repair & Maintenance Services

W8486-096412/A

Benoît Paquin
Telephone: (819) 956-3966
Facsimile: (819) 956-5227
Email: benoit.paquin@pwgsc-tpsgc.gc.ca

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AMENDMENT 002

This amendment is raised to extend the bid closing date and
modify the RFP as follows:


1. Page 1 Solicitation Closes

Delete: 2012-12-04

Insert: 2012-12-06


2. RFP Article 29 Bailee's Customer's Goods Insurance

Delete: Government Property must be insured on a Replacement
Cost (new) basis.

Insert: Government Property must be insured on a Actual Cash
Value (depreciated cost) basis. 


All other terms and conditions remain the same.

--------------------------------------------------
AMENDMENT 001

This amendment 001 is raised to modify the Request For Proposal
as follows:

1.	Table of Contents

Delete:
Part 5 - Certifications
1.	Code of Conduct Certifications - Certifications Required
Precedent to Contract Award
2.    	Certifications Precedent to Contract Award

Insert:
Part 5 - Certifications
1.	Mandatory Certifications Required Precedent to Contract Award
2.  	Additional Certifications Precedent to Contract Award


2.	Part 2 - Bidder instructions

Delete: 	
1.	Standard Instructions, Clauses and Conditions, in its
entirety.

Insert:  
1. 	Standard Instructions, Clauses and Conditions
All instructions, clauses and conditions identified in the bid
solicitation by number, date and title are set out in the
Standard Acquisition Clauses and Conditions Manual issued by
Public Works and Government Services Canada (PWGSC).  

Bidders who submit a bid agree to be bound by the instructions,
clauses and conditions of the bid solicitation and accept the
terms and conditions of the resulting contract.

The 2003 (2012-11-19) Standard Instructions - Goods or Services
- Competitive Requirements, are incorporated by reference into
and form part of the bid solicitation.

Subsection 05.4 of 2003, Standard Instructions - Goods or
Services - Competitive Requirements, is amended as follows:

Delete:  Bids will remain open for acceptance for a period of
not less than sixty (60) days from the closing date of the bid
solicitation

Insert:  Bids will remain open for acceptance for a period of
not less than ninety (90) calendar days from the closing date of
the bid solicitation
3.	Part 3 - Bid Preparation Instructions 

1.	Bid Preparation Instructions

Delete: 
In April 2006, Canada issued a policy directing federal
departments and agencies to take the necessary steps to
incorporate environmental considerations into the procurement
process Policy on Green Procurement 
(http://www.tpsgc-pwgsc.gc.ca/ecologisation-greening/achats-procu
rement/politique-policy-eng.html). To assist Canada in reaching
its objectives, bidders are encouraged to:

1)	use 8.5 x 11 inch (216 mm x 279 mm) paper containing fibre
certified as originating from a sustainably-managed forest
and/or containing minimum 30% recycled content; and

Insert: 
In April 2006, Canada issued a policy directing federal
departments and agencies to take the necessary steps to
incorporate environmental considerations into the procurement
process Policy on Green Procurement
(http://www.tpsgc-pwgsc.gc.ca/ecologisation-greening/achats-procu
rement/politique-policy-eng.html). To assist Canada in reaching
its objectives, bidders should:

1) use 8.5 x 11 inch (216 mm x 279 mm) paper containing fibre
certified as originating from a
sustainably-managed forest and containing minimum 30% recycled
content; and


4. Part 5 - Certifications

Delete:	PART 5 - CERTIFICATIONS, in its entirety

Insert:	PART 5 - CERTIFICATIONS
Bidders must provide the required certifications and related
documentation to be awarded a contract. Canada will declare a
bid non-responsive if the required certifications and related
documentation are not completed and submitted as requested. 

Compliance with the certifications bidders provide to Canada is
subject to verification by Canada during the bid evaluation
period (before award of a contract) and after award of a
contract. The Contracting Authority will have the right to ask
for additional information to verify bidders' compliance with
the certifications before award of a contract. The bid will be
declared non-responsive if any certification made by the Bidder
is untrue, whether made knowingly or unknowingly. Failure to
comply with the certifications, to provide the related
documentation or to comply with the request of the Contracting
Authority for additional information will also render the bid
non-responsive.

1. 	Mandatory Certifications Required Precedent to Contract Award

1.1 	Code of Conduct and Certifications - Related documentation

1.1.1 	By submitting a bid, the Bidder certifies, for himself
and his affiliates, to be in compliance with the Code of Conduct
and Certifications clause of the Standard instructions. The
related documentation hereinafter mentioned will help Canada in
confirming that the certifications are true. By submitting a
bid, the Bidder certifies that it is aware, and that its
affiliates are aware, that Canada may request additional
information, certifications, consent forms and other evidentiary
elements proving identity or eligibility. Canada may also verify
the information provided by the Bidder, including the
information relating to the acts or convictions specified
herein, through independent research, use of any government
resources or by contacting third parties. Canada will declare
non-responsive any bid in respect of which the information
requested is missing or inaccurate, or in respect of which the
information contained in the certifications is found to be
untrue, in any respect, by Canada. The Bidder and any of the
Bidder's affiliates, will also be required to remain free and
clear of any acts or convictions specified herein during the
period of any contract arising from this bid solicitation.

Bidders who are incorporated, including those bidding as a joint
venture, must provide with their
bid or promptly thereafter a complete list of names of all
individuals who are currently directors of the Bidder. Bidders
bidding as sole proprietorship, including those bidding as a
joint venture,
must provide the name of the owner with their bid or promptly
thereafter. Bidders bidding as
societies, firms, partnerships or associations of persons do not
need to provide lists of names. If
the required names have not been received by the time the
evaluation of bids is completed,
Canada will inform the Bidder of a time frame within which to
provide the information. Failure to comply will render the bid
non-responsive. Providing the required names is a mandatory
requirement for contract award.

Canada may, at any time, request that a Bidder provide properly
completed and Signed Consent
Forms (Consent to a Criminal Record Verification form-
PWGSC-TPSGC 229)
(http://www.tpsgc-pwgsc.gc.ca/app-acq/forms/formulaires-forms-eng
.html) for any or all
individuals aforementioned within the time specified. Failure to
provide such Consent Forms
within the time period provided will result in the bid being
declared non-responsive.

2. 	Additional Certifications Precedent to Contract Award
The certifications listed below should be completed and
submitted with the bid, but may be submitted afterwards. If any
of these required certifications is not completed and submitted
as requested, the Contracting Authority will so inform the
Bidder and provide the Bidder with a time frame within which to
meet the requirement. Failure to comply with the request of the
Contracting Authority and meet the requirement within that time
period will render the bid non-responsive.

2.1	Federal Contractors Program - $200,000 or more
1.	The Federal Contractors Program (FCP) requires that some
suppliers, including a supplier who is a member of a joint
venture, bidding for federal government contracts, valued at
$200,000 or more (including all applicable taxes), make a formal
commitment to implement employment equity. This is a condition
precedent to contract award. If the Bidder, or, if the Bidder is
a joint venture and if any member of the joint venture, is
subject to the FCP, evidence of its commitment must be provided
before the award of the Contract.

Suppliers who have been declared ineligible contractors by Human
Resources and Skills Development Canada (HRSDC) are no longer
eligible to receive government contracts over the threshold for
solicitation of bids as set out in the Government Contracts
Regulations. Suppliers may be declared ineligible contractors
either as a result of a finding of non-compliance by HRSDC, or
following their voluntary withdrawal from the FCP for a reason
other than the reduction of their workforce to less than 100
employees. Any bids from ineligible contractors, including a bid
from a joint venture that has a member who is an ineligible
contractor, will be declared non-responsive.

2.	If the Bidder does not fall within the exceptions enumerated
in 3.(a)or (b) below, or does not have a valid certificate
number confirming its adherence to the FCP, the Bidder must fax
(819-953-8768) a copy of the signed form LAB 1168, Certificate
of Commitment to Implement Employment Equity, to the Labour
Branch of HRSDC.

3.	The Bidder, or, if the Bidder is a joint venture the member
of the joint venture, certifies its status with the FCP, as
follows:

The Bidder or the member of the joint venture

(a)	(    ) is not subject to the FCP, having a workforce of less
than 100 full-time or part-time permanent employees, and/or
temporary employees having worked 12 weeks or more in Canada;

(b)	(    ) is not subject to the FCP, being a regulated employer
under the Employment Equity Act, S.C. 1995, c. 44;

(c)	(    ) is subject to the requirements of the FCP, having a
workforce of 100 or more  full-time or part-time permanent
employees, and/or temporary employees having worked 12 weeks or
more in Canada, but has not previously obtained a certificate
number from HRSDC (having not bid on requirements of $200,000 or
more), in which case a duly signed certificate of commitment is
attached;

(d)	(    ) is subject to the FCP, and has a valid certificate
number as follows: _______ (e.g. has not been declared an
ineligible contractor by HRSDC.)

Further information on the FCP is available on the HRSDC Web
site.

2.2	Former Public Servant - Competitive Requirements
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.

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 Reduction Program
Is the Bidder a FPS who received a lump sum payment pursuant to
the terms of a work force reduction program? 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 reduction 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 Goods and Services
Tax or Harmonized Sales Tax.

2.3	Status and Availability of Resources
The Bidder certifies that, should it be awarded a contract as a
result of the bid solicitation, every individual proposed in its
bid will be available to perform the Work as required by
Canada's representatives and at the time specified in the bid
solicitation or agreed to with Canada's 
representatives.  If for reasons beyond its control, the Bidder
is unable to provide the services of an individual named in its
bid, the Bidder may propose a substitute with similar
qualifications and experience.  The Bidder must advise the
Contracting Authority of the reason for the 
substitution and provide the name, qualifications and experience
of the proposed replacement.  For the purposes of this clause,
only the following reasons will be considered as beyond the
control of the Bidder: death, sickness, maternity and parental
leave, retirement, resignation, dismissal for cause or
termination of an agreement for default.

If the Bidder has proposed any individual who is not an employee
of the Bidder, the Bidder certifies that it has the permission
from that individual to propose his/her services in relation to
the Work to be performed and to submit his/her résumé to Canada.
 The Bidder must, upon 
request from the Contracting Authority, provide a written
confirmation, signed by the individual, of the permission given
to the Bidder and of his/her availability.  Failure to comply
with the request may result in the bid being declared
non-responsive.

2.4	Education and Experience
The Bidder certifies that all the information provided in the
résumés and supporting material submitted with its bid,
particularly the information pertaining to education,
achievements, experience and work history, has been verified by
the Bidder to be true and accurate. Furthermore, the Bidder
warrants that every individual proposed by the Bidder for the
requirement is capable of performing the Work described in the
resulting contracts.


5. Part 7 - Resulting Contract Clauses

Delete: 
2.1		General Conditions
2035 (2012-07-16) General Conditions - Higher Complexity -
Services apply to and form part of the Contract.

The text under Subsection 4 of Section 41 - Code of Conduct and
Certifications of 2035 referenced above is replaced by:

During the entire period of the Contract, the Contractor must
diligently update, by written notice to the Contracting
Authority, the list of names of all individuals who are
directors of the Contractor whenever there is a change. As well,
whenever requested by Canada, the Contractor must provide the
corresponding Consent Forms.    

Insert: 
2.1		General Conditions
2035 (2012-11-19) General Conditions - Higher Complexity -
Services apply to and form part of the Contract.


6. Part 7 - Resulting Contract Clauses
	
Delete: 
7.	Certifications, in its entirety

Insert: 
7. 	Certifications

7.1  	Compliance
Compliance with the certifications and related documentation
provided by the Contractor in its bid is a condition of the
Contract and subject to verification by Canada during the term
of the Contract. If the Contractor does not comply with any
certification, provide the related documentation or if it is
determined that any certification made by the Contractor in its
bid is untrue, whether made knowingly or unknowingly, Canada has
the right, pursuant to the default provision of the Contract, to
terminate the Contract for default.


7. Part 7 - Resulting Contract Clauses

9. 	Priority of Documents

Delete:		
(b)	2035 (2012-07-16) General Conditions - Higher Complexity -
Services;

Insert:
(b)	2035 (2012-11-19) General Conditions - Higher Complexity -
Services;


All other terms and conditions remain the same.
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The Department of National Defence (DND) has a requirement for
repair and maintenance services, Field Service Representatives
and technical support in order to perform inspections, repairs
and maintain a militarized fleet of 20, 1992 Krupp crane model
KMK 2025 and components.  The equipment to be services will
include, but is not limited to the militarized fleet, owned and
operated  by DND, in accordance with Annex A - Statement of
Work, Annex B - Pricing for Hourly Rates and Mark-up and
Appendix 1 to Annex A - Body and Paint Application.

Work will be performed throughout Canada and at Contractor's
plant, as required.

The work under this requirement will be carried out for a period
of three (3) years from the effective date of the contract with
an option to extend the contract for two (2) additional periods
of one (1) year.

The work under this requirement will be completed on an ''as and
when requested basis''.

A seperate Request for Proposal (W8486-096412/B) will be posted
on Merx for the Set-aside under the Procurement Strategy for
Aboriginal Business.

This procurement is subject to the Controlled Goods Program.

Debriefings

After award of the contract, bidders may request a debriefing on
the results of the bid solicitation.  Bidders should make the
request to the Contracting Authority within fifteen (15) working
days of receipt of notification that their bid was unsuccessful.
The debriefing may be provided in writing, by telephone or in
person.


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.