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GOVERNMENT OF MANITOBA

REQUEST FOR SUPPLY ARRANGEMENT FOR


ACCOMMODATION SERVICES ACROSS MANITOBA

RFSA #: 20-10-22-A-01-ASAM-03-23

Issued By: Consumer Protection and Government Services


Procurement and Supply Chain Division

Date of Issue: March 20, 2023

Submission
Deadline: OPEN until June 30, 2023 at 2:00 PM (Winnipeg time);

Submit Bids to: Adelani.Ajayi@gov.mb.ca

NOTE: Bidder Name, RFSA # must be present on subject line.

Agreement Term: up to March 31, 2024

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1 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
TABLE OF CONTENTS
PART A – INTRODUCTION ......................................................................................................................... 3
1.0 BACKGROUND ..................................................................................................................................................3
2.0 PURPOSE AND SCOPE .......................................................................................................................................3
3.0 DEFINITIONS ....................................................................................................................................................4
4.0 INTERPRETATION .............................................................................................................................................7
PART B – BIDDER’S INSTRUCTIONS ....................................................................................................... 7
1.0 BID SUBMISSION ..............................................................................................................................................7
2.0 INQUIRIES.........................................................................................................................................................8
3.0 ADDENDA ........................................................................................................................................................9
4.0 AMENDMENT AND WITHDRAWAL OF BID ........................................................................................................9
5.0 INDIGENOUS PROCUREMENT INITIATIVE (IPI) ................................................................................................ 10
6.0 BID CONTENT................................................................................................................................................. 10
7.0 STATUS IN RELATION TO MANITOBA (FORM D1) – FILE 1 ............................................................................. 10
8.0 BUSINESS INFORMATION AND EXPERIENCE (FORM D2) – FILE 1 ................................................................... 11
9.0 MANDATORY REQUIREMENTS (FORM D3) – FILE 1 ....................................................................................... 11
10.0 APPENDIX “B” SUPPLIER ACCOMMODATIONS PROFILE (COST AND SUPPLIER ACCOMMODATION PROFILE)–11
11.0 FORM OF OFFER (FORM D4) – FILE 2 ............................................................................................................. 11
12.0 PRICES (FORM D5) – (COST AND SUPPLIER ACCOMMODATION PROFILE) FILE 2 ........................................... 11
13.0 BIDDER QUALIFICATIONS: ............................................................................................................................. 11
14.0 BID CONDITIONS ............................................................................................................................................ 12
PART C – BID EVALUATION AND SELECTION...................................................................................... 13
1.0 EVALUATION COMMITTEE ............................................................................................................................. 13
2.0 BID EVALUATION CRITERIA ........................................................................................................................... 13
3.0 STEP 3: ASSESSING STATUS IN RELATION TO MANITOBA AND PAST PERFORMANCE ..................................... 15
4.0 ACCEPTANCE OF BID AND AWARD OF AGREEMENT ....................................................................................... 16
PART D – FORMS ...................................................................................................................................... 17
FORM D1: STATUS IN RELATION TO MANITOBA ................................................................................. 18
FORM D2: BUSINESS INFORMATION AND EXPERIENCE .................................................................... 19
FORM D3: MANDATORY REQUIREMENTS ............................................................................................ 20
FORM D4: FORM OF OFFER .................................................................................................................... 21
FORM D5: PRICE FORM ........................................................................................................................... 24
PART E - TERMS FOR AGREEMENT FOR ACCOMMODATION SERVICES ...................................... 26
APPENDIX “A” STATEMENT OF REQUIREMENT.............................................................................................. 32
APPENDIX “B” SUPPLIER ACCOMMODATION PROFILE ................................................................................... 37
APPENDIX “C” USER ORGANIZATION REQUEST FOR SERVICE ........................................................................ 38

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2 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
PART A – INTRODUCTION

1.0 Background

The Government of Manitoba, as represented by the Minister of Consumer Protection and


Government Services (“Manitoba”), is carrying out the procurement in this RFSA on behalf of the
following entities and organizations, collectively referred to as the “Organizations” and individually
as an “Organization”:
• The Government of Manitoba (“GOM”) on behalf of all GOM departments, boards,
commissions, committees and other similar agencies;
• Shared Health Inc.;
• Regional Health Authorities, as defined in The Regional Health Authorities Act. CCSM c
R34;
• CancerCare Manitoba;
• Post-secondary institutions; and
• Other public sector organizations requiring this service.

On April 17, 2020, Manitoba, on behalf of itself and the Organizations, issued a Request for
Supply Arrangement (“RFSA”) for Accommodation Services Across Manitoba (RFSA# 2020-PSC-
ACC-SERV), hereinafter refered to as the “First RFSA”.

On October 23, 2020, Manitoba, on behalf of itself and the Organizations, issued a Request for
Supply Arrangement (“RFSA”) for Accommodation Services Across Manitoba (RFSA# 20-10-22-
A-01-ASAM), hereinafter refered to as the “Second RFSA”.

On May 02, 2022, Manitoba, on behalf of itself and the Organizations, issued a Request for
Supply Arrangement (“RFSA”) for Accommodation Services Across Manitoba (RFSA# 20-10-22-
A-01-ASAM-05-22), hereinafter refered to as the “Third RFSA”.

The First RFSA, Second RFSA and Third RFSA sought accommodations, such as, but not
limited to, hotels, inns, beds and breakfasts, modular housing and motels, across Manitoba to
provide accommodations to various government programs offered to the public.

The First RFSA closed on June 25, 2020.


The Second RFSA closed on Feburary 28, 2022.
The Third RFSA closed on Augist 31, 2022.

2.0 Purpose and Scope

This RFSA is issued to seek additional Accommodation Services for government programs offered to
the public such as but not limited to relocation programs for families or individuals displaced due to
emergencies and refugee programs. Successful Bidders to this RFSA will be added to the same
qualified suppliers list created by the First RFSA, Second RFSA and Third RFSA but will not replace
any entity already included on that qualified suppliers list.

This RFSA is substantially the same as the First RFSA, Second RFSA and Third RFSA and any
entity who is already on the qualified suppliers list from the First RFSA, Second RFSA and Third
RFSA and that has already entered into an Agreement with an Organization will not be required to
resubmit a Bid for this RFSA. An entity who is already on the qualified suppliers list from the First
RFSA, Second RFSA and Third RFSA may submit a new Bid under this RFSA for facilities or
districts that were not included in its initial bid on the First RFSA, Second RFSA and Third RFSA.
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3 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
The overall objective is to create a supply arrangement for Accommodation Services with set unit
rates across Manitoba for emerging demand from the social and health sector within identified
regional districts as described in Appendix “A”.

This RFSA will remain open and Bid submissions will be accepted up to and including June 30,
2023. Received Bid submissions will be reviewed and qualified Bidders will be added to the qualified
suppliers list.

The RFSA will be divided into five parts plus appendices, as follows:

• Part A: General Information, background, and definitions

• Part B: Bidder’s Instructions

• Part C: Bid Evaluation and Selection

• Part D: Forms

• Part E: Agreement Clauses and Conditions that will form the Agreement for
Accommodation Services. Appendix “A” and Appendix “B” will also form the Agreement.

• Appendix “A” – Statement of Requirements: will outline the general accommodation


service requirements.

• Appendix “B” – Supplier Accommodations Profile: will be the amenities and site specific
options that the Bidder will provide to Manitoba for Manitoba to develop a database for
users to select Best Value. Appendix B will not be used for the evaluation of Bids, but will
be used at the time of Call-up.

• Appendix “C” – User Organization Request for Service: will be the method used to
engage with supplier organization’s to arrange for accommodations.

• Appendix “D” – Protection of Personal Information

• Appendix “E” – Pledge of Confidentiality

Any Agreement entered into for Accommodation Services under this RFSA will be in effect from the
date that both parties sign the Agreement up until March 31, 2024 . Manitoba reserves the right to
extend the term of the Agreement through an Amendment if the requirements continue past the initial
expiration date of the Agreement. Alternatively, Manitoba reserves the right to reduce the term of any
Agreement through an Amendment if the Accommodation Services are no longer required.

3.0 Definitions

In this RFSA:

"Accommodation Services" means the lodging made available under this RFSA to meet the
requirements outlined in Appendix “A”;

"Agreement" means the written agreement to provide Accommodation Services that results from
Manitoba’s written acceptance of a Bid, and consists of the accepted Form of Offer, the accepted
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4 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Price Form, the RFSA including all addendum, appendices and the Bid(s) prequalified by Manitoba;

“Authorized Representative” means the person delegated by an Organization to engage with the
Supplier once the agreement commences;

“Best Value” means (1) meeting the requirements outlined by the Manitoba (2) meeting the
geographical requirements and (3) best price. This is not used for evaluation of Bids, but will be used
at the time of Call-up.

"Bid" means the Bidder’s written submission in response to this RFSA and shall consist of the forms
and documents identified in Section B6.0 completed in accordance with this RFSA;

"Bidder" means the entity or person who submits a Bid to Manitoba in response to this RFSA;

“Canadian Indigenous Business” means:

(a) a business

i) that is at least 51% owned and controlled by one or more Indigenous persons of
Canada; and

ii) if it has six or more full-time employees, at least one-third of whose full time
employees must be Indigenous persons of Canada

where “business” includes a band, as defined by the Indian Act, a sole proprietorship, a
corporation, a cooperative, and a partnership; or

(b) a not for profit organization whose by-laws require that at least 51% of its board members be
Indigenous persons of Canada.

“Call-up” is the procedure used to request Accommodation Services from a Supplier in accordance
with the agreed upon unit rates and established clauses and conditions of the Agreement;

“Department” means the Department of Central Services, Procurement and Supply Chain Division;

“First RFSA” means RFSA #2020-PSC-ACC-SERV issued on April 17, 2020 and closed on June
25, 2020.

“Form of Offer” means the document attached to this RFSA as Form D4 in Part “D” - Forms;

“Indigenous Business” means Canadian Indigenous Business or Manitoba Indigenous Business or


both, whichever is applicable given the context.

“Indigenous person of Canada” means

(c) a person of First Nation ancestry, including treaty, status or registered Indian, non-status or
non-registered Indian, and a Métis person, or

(d) a person of Inuit ancestry,

who is a Canadian citizen and resides in Canada.

“Indigenous person of Manitoba” means

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5 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
(a) a person of First Nation ancestry, including treaty, status or registered Indian, non-status or
registered Indian, and a Métis person, or

(b) a person of Inuit ancestry,

who is a Canadian citizen and resides in Manitoba.

"Manitoba" means the Government of Manitoba and all the organizations that are represented by
Government of Manitoba as identified in Section A1.0, as represented by the Minister of Central
Services;

“Manitoba Indigenous Business” means:

(a) a business:

i) that is at least 51% owned and controlled by one or more Indigenous persons of
Manitoba; and

ii) if it has six or more full-time employees, at least one-third of whose full time
employees must be Indigenous persons of Manitoba

where “business” includes a band, as defined by the Indian Act, a sole proprietorship, a
corporation, a cooperative, or a partnership; or

(b) a not for profit organization whose by-laws require that at least 51% of its board members be
Indigenous persons of Manitoba.

“MERX” means the electronic tendering system used by Manitoba to post bid opportunities,
addenda and contract award information, accessible at www.merx.com;

“Organizations” means means the collective of entities and organizations identified in Part A,
Section 1.0 of this RFSA and each individual member of this collective is referred to as an
Organization;

“Remediation Services” means the enhanced cleaning and de-sanitization process completed by
facility personnel at time the rooms are returned to the hotel and no longer being used for COVID-19
activities;

"RFSA" means this Request for Supply Arrangement;

“Second RFSA” means RFSA #20-10-22-A-01-ASAM issued on October 23, 2020 and closed on
Feburary 28, 2022;

"Submission Deadline" means June 30, 2023 at 2:00pm Central Time;

“Supplier” means the Bidder, if any, selected by Manitoba to provide the Accommodation Services
through this RFSA;

“Supply Arrangement Authority” means the person from the Government of Manitoba, Central
Services, Procurement and Supply Chain Division designated by Manitoba to administer this RFSA
process;

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6 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
“Third RFSA” means RFSA #20-10-22-A-01-ASAM-05-22 issued on May 2, 2022 and closed on
August 31, 2022;

4.0 Interpretation

4.1 Where the Bidder and the Supplier consists of more than one person or entity, their liability to
perform the undertakings, obligations and covenants herein contained shall be joint and several.

4.2 Whenever the singular is used, it shall be construed to mean the plural as the context may
reasonably require.

4.3 All references to prices are deemed to be in Canadian Dollars.

4.4 Throughout this entire RFSA, terminology is used that clearly identifies the relative importance of
each of Manitoba’s requirements. Bidders must understand the meaning of each term as described
below and take the meaning of each term into account in responding to this RFSA:

“must”, “shall”, “requires” or “required” – means something is mandatory. If a Bid does not
contain or comply with a mandatory element, Manitoba will reject the Bid and will further evaluate the
Bid. If the deficiency is administrative with no impact to technical score or price, Manitoba shall allow
for a rectification period in accordance with Part C, subsection 2.1.

“should” or “desired” means something is desirable but not mandatory. If a Bid does not contain
or comply with a desirable element, the Bid will not be rejected and will be evaluated, but the Bid
may be given a lower rating because of the omission.

________________________________________________

PART B – BIDDER’S INSTRUCTIONS

1.0 Bid Submission

1.1 Bids must be submitted electronically in .pdf format to the following email address:

Email: Adelani.Ajayi@gov.mb.ca
Bidder Name, RFSA # must be present in the subject line

1.2 Bids may be received up to and including June 30, 2023 at the above email address. Bids received
after the Submission Deadline will not be opened or considered for evaluation. Manitoba reserves
the right to extend the Submission Deadline and will provide notification through www.merx.com prior
to the Submission Deadline.

1.3 Bids, once submitted, become the property of Manitoba. All Bids will be kept in the strictest of
confidence subject to such disclosure as may be required under the provisions of The Freedom of
Information and Protection Act, The Personal Health Information Act or any other law, or to satisfy a
court order.

1.4 Bids will not be publicly opened. After the award of the Agreement, the name(s) of the successful
Bidder(s) will be made available to all Organizations.

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7 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
1.5 Bids should be structured in two separate files as indicated below. See subsection B6.0 below:

File 1 Technical Submission .pdf format

File 2 Financial Submission .pdf format

1.6 It is solely the Bidder’s responsibility to ensure that the Bid is received at the designated submission
address.

1.7 The Bidder should contact the Supply Arrangement Authority immediately, at the Submission
Address, if: (a) the Bidder's email Bid submission is rejected by Manitoba's email system; or
(b) the Bidder does not receive a response email confirming receipt of the Bidder’s email
submission and all attachments within a half hour of the time the email submission was sent
by the Bidder.

The maximum message size (including the message, message header and all attachments) for each
email submitted to Manitoba’s email system is twenty-five (25) MB or less. The Bidder is solely
responsible for ensuring that its email Bid submission complies with any size restrictions imposed by
the Bidder's internet service provider and Manitoba’s email system. Bidder’s email Bid submission
should be submitted in a single email, where possible. The Bidder may submit its Bid in multiple
emails if the submission message size exceeds the applicable maximum message size. If submitting
multiple emails: (a) Bidders should identify the order and number of emails that make up the
electronic Bid submission (e.g. email 1 of 3, email 2 of 3, email 3 of 3). Manitoba may seek
clarification or reject the Bid submission if Manitoba is unable to determine what documents
constitute the complete Bid submission.

Attachments may be compressed, but not password protected, because Manitoba’s email system
will reject attachments that are compressed and password protected. Attachments must be in PDF
format. Attachments must not contain a virus or malware and must be able to be opened. RFSA
submissions that are corrupted, that cannot be opened or that contain viruses or malware may be
rejected by Manitoba in its sole discretion.

2.0 Inquiries

2.1 Bidders shall be solely responsible for obtaining all information that may be necessary in order to
understand the requirements of this RFSA and submit a Bid in accordance with the terms and
conditions of this RFSA. No allowance shall be made for the failure of a Bidder to obtain such
information or to make such investigations.

2.2 Bidders shall examine the RFSA as soon as possible after receipt. Should a Bidder discover any
errors or omissions, the Bidder shall notify the Supply Arrangement Authority as soon as possible so
further instructions may be issued to all Bidders by way of an addendum before the Submission
Deadline.

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8 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
2.3 All inquiries related to this RFSA are to be directed to the Supply Arrangement Authority, through
email, as soon as possible to:

RFSA# 20-10-22-A-01-ASAM-03-23

Procurement and Supply Chain division


E-mail: Adelani.Ajayi@gov.mb.ca

2.4 If a Bidder has sent an inquiry and has not received any acknowledgement, the Bidder should follow
up with the Supply Arrangement Authority. In any event, Manitoba is not responsible if a Bidder
inquiry does not reach the Supply Arrangement Authority.

2.5 Only information provided in writing by the Supply Arrangement Authority will be binding on
Manitoba.

2.6 If Manitoba, in its sole discretion, determines that an inquiry will be of interest to all Bidders, it will be
communicated by way of an addendum posted on MERX. The source of the inquiry will be kept
confidential.

2.7 Responses to inquires, that Manitoba, in its sole discretion, determines does not require a correction
to or a clarification of the RFSA will be provided by the Supply Arrangement Authority only to the
Bidder making the inquiry.

3.0 Addenda

3.1 The Supply Arrangement Authority may extend the Submission Deadline by issuing an addendum at
any time prior to the Submission Deadline or prior to the date and time previously specified in any
addendum extending the Submission Deadline.

3.2 Manitoba may amend or clarify this RFSA by one or more addenda issued before the Submission
Deadline. All addenda will be posted on MERX.

3.3 Bidders are responsible for ensuring that they have received all addenda and that they have
considered the effect of such addenda in their Bids. All Bidders are strongly advised to check MERX
or with the Supply Arrangement Authority for addenda shortly before submitting their Bid.

3.4 Bidders should acknowledge having received each addendum, and the date of the addendum,
where indicated on the Form D4: Form of Offer, Section 7 provided for this purpose. Manitoba may,
in its sole discretion, disqualify a Bidder who fails to acknowledge all addenda.

4.0 Amendment and Withdrawal of Bid

4.1 Bidders may withdraw a Bid by submitting a request in writing to Manitoba by no later than the
Submission Deadline.

4.2 All amendments to, or requests to withdraw, a submitted Bid must be by email submitted to Manitoba
at the email address set out in section B1.1. All such amendments or requests must be signed by the
Bidder or a representative of the Bidder who has the authority to bind the Bidder.

4.3 It is solely the Bidder’s responsibility to ensure that any amendment or request to withdraw is
received at the designated location prior to the Submission Deadline.

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9 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
5.0 Indigenous Procurement Initiative (IPI)

5.1 The Manitoba Government is committed to community economic development as a key component
of Manitoba’s economic strategy. It intends to develop a provincial economy that is more inclusive,
equitable and sustainable. Procurement practices are one of the means that can be used to
contribute to the growth of Indigenous businesses. The objective of the IPI is to increase the
participation of Indigenous Businesses in providing goods and services to Manitoba.

5.2 Part of the IPI is the establishment of an “Indigenous Business Directory”, which can be a valuable
networking tool. This directory is a list of Canadian Indigenous Businesses (including non-profit
organizations and economic development corporations) that have self declared as an Indigenous
Business. For more information about the Indigenous Business Directory and the Indigenous
Business Procurement Initiative go to: www.gov.mb.ca/mit/psb/api/ab_proc.html.

5.3 For this RFSA, the participation of Indigenous Businesses is “standard”. This means that Indigenous
Business participation is desired, but no points will be awarded to Bidders offering Indigenous
Business participation.

5.4 To assist Manitoba in determining Indigenous Business capacity for participation in future request for
proposals for Services, Bidders are requested to identify themselves as being an Indigenous
Business in the Form D4: Form of Offer, Section 8. This request is strictly for information purposes
only and will not be used for evaluation purposes.

6.0 Bid Content

6.1 File 1 – Technical Submission

The Technical Submission must consist of the following components:

(a) Status in Relation to Manitoba Form (Form D1);

(b) Business Information and Experience (Form D2); and

(c) Technical submission (Mandatory Requirement, Form D3);

(d) Appendix “B” Supplier Accommodations Profile (Cost and Supplier Accommodation Profile)

6.2 File 2 – Financial Submission

The Financial Submission shall consist of the following components:

(a) Form of Offer (Form D4); and

(b) Price Form (Form D5) (Cost and Supplier Accommodation Profile)

7.0 Status in Relation to Manitoba (Form D1) – File 1

The Bidder must complete and sign Form D1: Status in Relation to Manitoba form.

This form includes a statement about real, potential or perceived conflicts of interest of any entity that
will provide the services. If a Bidder is in doubt as to whether individuals or circumstances give rise to
a conflict of interest, the Bidder should consult the Supply Arrangement Authority.

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10 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
8.0 Business Information and Experience (Form D2) – File 1

The Bidder must complete Form D2: Business Information and Experience, making all required
entries.

See Form D2: Business Information and Experience for further instructions regarding this
form

9.0 Mandatory Requirements (Form D3) – File 1

The Bidder must complete Form D3: Mandatory Requirements, making all required entries. This
form sets out the mandatory requirements that the Bidder must meet in order to receive a “Pass”
Mark. If a “Pass” mark is not achieved, Manitoba will no longer consider the bid compliant.

10.0 Appendix “B” Supplier Accommodations Profile (Cost and Supplier Accommodation
Profile)– File 1

The bidder must complete this Appendix “B” and send in to form File 1. This Appendix “B” will
provide the user organization and understanding of the accommodation services you provide within
your facility and your facility profile to determine Best Value. Appendix B will not be used for the
evaluation of Bids, but will be used at the time of Call-up.

11.0 Form of Offer (Form D4) – File 2

The Bidder must complete Form D4: Form of Offer making all required entries. The Form of Offer
must be signed by a representative of the Bidder with the authority to bind the Bidder. No change
shall be made to the wording of the Form of Offer. The Form of Offer shall be submitted to form File
2 – Financial Submission.

12.0 Prices (Form D5) – (Cost and Supplier Accommodation Profile) File 2

The Bidder must complete Form D5: Price Form making all required entries.

The prices quoted shall be all inclusive, and shall include the cost of all labour (including all wages,
benefits, employer remittances, and other amounts payable by the Bidder to its personnel), and the
cost of all materials, supplies, housekeeping, administrative expenses, overhead, and other
incidental costs involved in providing the required Accommodation Services.

The Price Form shall be included as part of form File 2 – Financial Submission

Any applicable taxes must not be included in the financial submission. An Organization will identify
applicable taxes at the time of engagement with the Supplier through the Agreeement or Call-up.
Applicable taxes differ between participating Organizations.

13.0 Bidder Qualifications:

In submitting a Bid, the Bidder declares that the Bidder:

(a) Is a location that can provide Accommodation Services to meet the emerging demand
identified in this RFSA;

(b) is financially capable of carrying out the terms of the Agreement; and

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11 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
(c) has all the necessary rooms, experience, staff, and equipment to perform the
Accommodation Services in strict accordance with the terms and provisions of the
Agreement.

14.0 Bid Conditions

By submitting a Bid, the Bidder agrees, to the following terms and conditions:

14.1 Conflict of Interest

No Bid will be considered from a Bidder where Manitoba, in its sole discretion, determines that a
potential conflict of interest exists.

14.2 Bid Must be Unconditional

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 this RFSA and the terms and conditions
stipulated herein.

14.3 Right of Rejection

Manitoba will reject any Bid submitted by a Bidder who does not demonstrate in their Bid or in other
information required or requested to be submitted, that the Bidder is responsible and qualified.

14.4 No Obligation to Accept Bids/Award Agreement

The submission of a Bid, the receipt of a Bid by Manitoba, the opening of a Bid, the evaluation of a
Bid, and the determination of the qualified Bidder or any one of these, does not constitute
acceptance, in any way whatsoever, of a Bid.

A Bid is not and shall not be deemed in any way to be a unilateral contract. It is an offer by the Bidder
to Manitoba to carry out the provisions set out in this RFSA for the identified Accommodation
Services.

Manitoba, in its entire discretion, may reject or accept all or part of a Bid. Manitoba is under no
obligation whatsoever to accept any Bid or to select the Bid offering the lowest price for the
Accommodation Services.

Without limiting the generality of the foregoing, Manitoba will have no obligation to accept a Bid
where:

(a) the prices materially exceed the prices received for similar accommodations in the past;

(b) the prices are materially in excess of Manitoba’s budgetary abilities or a significant portion
thereof, with its own forces; or

(c) if in the judgment of the evaluation committee, the interests of Manitoba would be best
served by not accepting any Bid.

A Bid, or any part of a Bid, is not accepted unless Manitoba accepts it in writing and the written
acceptance has been delivered to the selected Bidder.

14.5 Right to Cancel and Reissue RFSA


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12 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Manitoba may cancel this RFSA at any time, with no liability whatsoever to any Bidder.

14.6 Cost of Bid

Costs incurred in the preparation, presentation and submission of a Bid shall be borne entirely by the
Bidder.

14.7 No Contract Until Execution of Written Agreement

This RFSA process is intended to identify prospective suppliers for the purposes of creating a
prequalification pool with unit rates by Districts. No legal relationship or obligations regarding the
procurement of any goods or service shall be created between the Bidder and Manitoba by this
RFSA process until the successful signing of a written Agreement by both parties for the acquisition
of the Accomodation Services.

14.8 Governing Law

This procurement will be interpreted, performed and enforced in accordance with the laws of the
Province of Manitoba and of Canada as applicable.

PART C – BID EVALUATION AND SELECTION

1.0 Evaluation Committee

1.1 The evaluation committee will be comprised of representatives of Manitoba and the Organizations.
By submitting a Bid, the Bidder agrees that all decisions on the degree to which a Bid meets the
evaluation criteria are solely within the purview and judgment of the evaluation committee. The
decision of the evaluation committee is final.

2.0 Bid Evaluation Criteria

2.1 Bids will be evaluated based upon the following criteria:

(a) Step 1: Compliance of the Bidder with the mandatory elements of this RFSA (pass/fail)

Mandatory Elements Include: Pass/Fail


FILE 1
(Technical Submission)

Completed Status in Relation to Manitoba Form (Form D1)


Completed Business Information and Experience Form (Form D2)
Submitted Mandatory Requirements Form ( Form D3)
Submitted Appendix “B” Supplier Accommodation Profile (Cost and Supplier
Accommodation Profile)

FILE 2
(Financial Submission)
Completed and signed Form of Offer (Form D4)

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13 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Completed Price Form (Form D5) (Cost and Supplier Accommodation Profile)

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14 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Bids must meet all of the mandatory elements. It is the Bidder’s responsibility to ensure
that it meets all of the mandatory elements of this procurement. Use of the words “must”,
“shall”, “requires” or “required” means something is mandatory. If a submission fails to
satisfy all of the mandatory requirements, Manitoba may issue a rectification notice to
identify deficiencies and provide the Bidder a period of approximately five (5) business
days to rectify the identified deficiencies. This rectification period will not be to make
changes to mandatory requirements or pricing, but to allow for small administrative errors
that may have occurred during time of submission, where there is no impact to the
mandatory requirement submission or prices.

Each Bid that fulfils the mandatory elements will move on to next step of the evaluation
process.

(b) Step 2: Qualifications of the Bidder pursuant to Section B9.0 (pass/fail)

The evaluation committee may request that the Bidder submit proof, satisfactory to
Manitoba, of the Bidder’s qualifications as set out in Section B9.0. The Bidder must
submit such proof to the evaluation committee within five (5) business days after the
request. If the Bidder fails to provide such satisfactory proof of its qualifications, Manitoba
may choose to disqualify the Bidder and reject its Bid.

Bidders must also be prepared to provide, on the request of the evaluation committee, full
access to any of the facilities to confirm, to Manitoba’s satisfaction, that the Bidder’s
facilities are adequate to perform the Accommodation Services outlined in Appendix “A”.

Each Bid that passes this step will move to the next step of the evaluation process.

3.0 Step 3: Assessing Status in Relation to Manitoba and Past Performance

A Bidder’s status in relation to Manitoba and record of past performance will be a factor in
Manitoba’s determination of the Bidder’s qualifications to provide the Accommodation Services.
The status in relation to Manitoba and record of past performance of the prequalified Bidders will
be assessed.

Status in Relation to Manitoba (Form D1)

If money is owed to Manitoba by a Bidder or if Manitoba, in its sole discretion, determines that a
conflict of interest or perceived conflict of interest or a dispute or pending dispute is of such a
nature that, it would be inadvisable for Manitoba to enter into an Agreement with the Bidder,
Manitoba may disqualify a Bidder.

If the prequalified Bidder passes this review, past performance will be assessed.

Past Performance

In addition to contacting the references provided by the Bidder, Manitoba may consult staff of a
department, branch or division of the Government of Manitoba; a Manitoba Crown corporation or
agency; or an academic institution, health authority, municipality or other entity providing
education, health or social services funded by Manitoba; who have had dealings with the Bidder.

________________________________________________________________________________________________________________
15 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Manitoba may determine, in its sole and absolute discretion, that a Bidder’s record of past
performance is unsatisfactory based on any of the following factors:

(a) a Bidder or an entity the Bidder proposes to provide the Services is debarred from
participating in the public procurement process of any of the following:

i) a department, branch or division of Manitoba,

ii) a municipality within the province of Manitoba;

iii) a Manitoba Crown Corporation or agency, or

iv) an academic institution, health authority or other entity providing education, health
or social services funded by Manitoba;

(b) a Bidder’s performance on previous agreement for which a reference was checked by
Manitoba was unacceptable, deficient, improper, incomplete, or late according to such
reference;

(c) a Bidder or an entity the Bidder proposes to provide the Accommodation Services is a party
to a legal proceeding that discloses or concerns improper, incomplete or negligent
implementation of an agreement or part of an agreement or failure to comply with a term or
condition of the agreement governing the Accommodation Services, and such legal
proceeding has been initiated by any of the following:

i) a department, branch or division of Manitoba,

ii) a municipality with the province of Manitoba;

iii) a Manitoba Crown Corporation or agency, or

iv) an academic institution, health authority or other entity providing education, health
or social services funded by Manitoba

(d) a Bidder or an entity the Bidder proposes to provide the Accommodation Services has
initiated legal proceedings against any entity listed in clauses (c)(i), (c)(ii), (c)(iii), or (c)(iv)
above, and Manitoba is of the opinion that its existence is likely to adversely affect working
relationships under the Agreement.

If Manitoba determines that a Bidder’s record of past performance is unsatisfactory, Manitoba


may in its absolute discretion, disqualify the Bidder and reject its Bid.

4.0 Acceptance of Bid and Award of Agreement

4.1 If the evaluation committee decides to accept a Bid, it will accept those Bid(s) that, in the evaluation
committee’s sole opinion, are judged to best serve the interests of the Organizations when evaluated
in accordance with the criteria identified.

4.2 Should the evaluation committee decide to accept a Bid, it will signify its conditional acceptance by
preparing and forwarding to the Bidder a conditional acceptance letter.

4.3 Manitoba’s acceptance of a Bid is conditional upon the Bidder submitting the following additional
documents to the Supply Arrangement Authority within seven (7) calendar days after receiving the
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16 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
conditional acceptance letter:

(a) evidence of the insurance specified in Section E11.0;

(b) evidence of authority to carry on business specified in Section E12.0;

(c) any other information requested by the Supply Arrangement Authority in accordance with
the provisions contained herein.

4.4 Subject to the foregoing conditions having been met, Manitoba will sign the “Acceptance” at the end
of the Form of Offer and return a fully signed copy to the Bidder for its records. Once the
“Acceptance” in the Form of Offer has been signed by Manitoba, it shall constitute the binding
Agreement between Manitoba and the Bidder for the Accommodation Services.

4.5 Once the Agreement has been signed, Manitoba will put the name(s) of the Supplier(s) on the
qualified supplier listing for the applicable District. Selection of Suppliers for engagement
through Call-up will be determined in accordance with Best Value using Appendix B, the
Price Form and other relevant portions of the Agreement.

4.6 If the Bidder fails to comply with the above noted conditions, then Manitoba may, in its sole
discretion, do one or more of the following:

(a) cancel its conditional acceptance and take the Bidder’s failure to comply with the above
noted conditions into account when Manitoba assesses the Bidder’s past performance in the
evaluation of future tenders;

(b) exercise any other remedies that are available to Manitoba at law.

4.7 The Bidder must not commence provision of any Accommodation Services until the above noted
conditions have been fulfilled and Manitoba has signed the “Acceptance” in the Form of Offer and
authorized the commencement of the Accommodation Services.

PART D – FORMS

Form D1 Status in Relation to Manitoba

Form D2 Business Information and Experience

Form D3 Mandatory Requirements

Form D4 Form of Offer

Form D5 Price Form -Cost and Supplier Accommodation Profile

_______________________________________________

________________________________________________________________________________________________________________
17 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
FORM D1: STATUS IN RELATION TO MANITOBA

ACCOMMODATION SERVICES ACROSS MANITOBA RFSA #: 20-10-22-A-01-ASAM-03-23

Failure to submit this Form as part of your Bid shall result in Bid disqualification and it will receive
no further consideration.

Name:
Mailing Address:
Street Address:
City, Province:
Telephone/Fax:

Part 1: Disputes or Pending Disputes with any of the Organizations listed in Section A1.0

Do you have any dispute or pending dispute with any of the organizations listed in Section A1.0 of this
RFSA?

Yes or No (circle the answer that applies to you)

If your answer is “Yes” please describe:

Part 2: Monies owed to any of the Organizations listed in Section A 1.0

Do you owe any monies to that are overdue, in arrears or otherwise delinquent?

Yes or No (circle the answer that applies to you)

If your answer is “Yes” please describe:

Part 3: Conflict of Interest

Is there a conflict of interest or possible conflict of interest or perceived conflict of interest that would exist
if you were to provide the Goods or Services?

Yes or No or Not sure (circle the answer that applies to you)

If your answer is “Yes” please describe:

Authorized representative

Printed name Signature

Date

________________________________________________________________________________________________________________
18 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
FORM D2: BUSINESS INFORMATION AND EXPERIENCE

REQUEST FOR SUPPLY ARRANGEMENT FOR


ACCOMMODATION SERVICES ACROSS MANITOBA

RFSA #: 20-10-22-A-01-ASAM-03-23

A. BUSINESS INFORMATION

Legal Name of Bidder: __________________________________________________________

NUMBER OF YEARS IN BUSINESS: ________ TOTAL NUMBER OF EMPLOYEES: _______

Description of Accommodations Provided:

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________
(attach additional pages if space is insufficient)

Bidder’s Worker Compensation Number: __________________________________________

________________________________________________________________________________________________________________
19 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
FORM D3: MANDATORY REQUIREMENTS

ACCOMMODATION SERVICES
RFSA for ACROSS MANITOBA RFSA #: 20-10-22-A-01-ASAM-03-23

Submitted by
(Full legal name of entity making Submission)

Failure to complete and submit this Form as part of your Bid shall result in Bid disqualification and it will
receive no further consideration.

MANDATORY REQUIREMENTS - Confirm Y/N Please submit


EXPERIENCE picture of proof (If
available – not
mandatory)
M1 The Supplier must have private quarters
available to be requested by multiple user
organizations

M2 The Supplier must have a minimum of a single


bed with no less than a double sized mattress

M3 Rooms providing accommodations services


must have a locking mechanism for the main
entrance

________________________________________________________________________________________________________________
20 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
FORM D4: FORM OF OFFER

1. RFSA Title REQUEST FOR SUPPLY ARRANGEMENT FOR ACCOMMODATION SERVICES


ACROSS MANITOBA

RFSA #: 20-10-22-A-01-ASAM-03-23

2. Bidder
_____________________________________________________________
Name of Bidder

_____________________________________________________________
Street

_____________________________________________________________
City Province Postal Code

(Mailing address if _____________________________________________________________


different) Street or P.O. Box

_____________________________________________________________
City Province Postal Code

The Bidder is:

a sole proprietor
(Choose one) a partnership
a corporation
a joint venture

carrying on business under the above name.

3. Contact Person The Bidder hereby authorizes the following contact person to represent the Bidder for
purposes of the Bid.

_____________________________________________________________
Contact Person Title

_____________________________________________________________
Telephone Number Facsimile Number

_____________________________________________________________
Email address

4. Offer The Bidder confirms that it has examined the RFSA for the Accommodation
Services in its entirety, made the necessary investigations and, if required,
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21 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
attended the site examinations.

The Bidder hereby offers to perform the Services in accordance with the
terms and conditions set out in the RFSA including the Agreement Terms and
Appendix “A” – Statement of Requirements for the prices, in Canadian funds,
set out in Form D5: Price Form, appended hereto.

The Bidder acknowledges that the RFSA will be governed by the terms and
conditions of the RFSA, and that, among other things, such terms and
conditions confirm that this procurement process does not consistute a
formal, legally binding process, and that no legal relationship or obligation
regarding the procurement of goods or services shall be created between the
Bidder and Manitoba until Manitoba accepts the Bid by signing this Form of
Offer.

5. Commencement The Bidder agrees that no Accommodation Services shall commence until
of the Services the Bidder is in receipt of a signed “Acceptance” by Manitoba on this Form of
Offer and a written authorization to commence the Services from the Contract
Administrator.

6. Agreement The Bidder agrees that the RFSA documents in their entirety shall be
deemed to be incorporated in and to form a part of this offer notwithstanding
that not all parts thereof are necessarily attached to or accompany this Form
of Offer.

7. Addenda The Bidder certifies that it has received all addenda issued before the closing
date has been received and agrees they have been been considered in
preparing this Bid.

8. Certification The Bidder certifies that all the statements and representations made in its
Bid are true and accurate to the best of the Bidder’s knowledge.

9. Signatures The Bidder or the Bidder’s authorized representative(s) have signed this

_____________ day of ___________________, 20 ______.

_____________________________________________________________
Printed Name Signature
I have the authority to bind the Bidder

_____________________________________________________________
Printed Name Signature
I have the authority to bind the Bidder

________________________________________________________________________________________________________________
22 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
ACCEPTANCE BY MANITOBA

Manitoba hereby accepts the Bid submitted by the Bidder,


____________________________________________ (hereinafter, called the “Supplier”) for
(insert legal name of the Bidder)

REQUEST FOR SUPPLY ARRANGEMENT FOR ACCOMMODATION SERVICES


ACROSS MANITOBA
RFSA #: 20-10-22-A-01-ASAM-03-23

and agrees that such acceptance shall constitute the binding Agreement between Manitoba and the
Supplier for the Services.

Manitoba shall pay the Supplier the amounts not to exceed the prices provided on the Supplier’s Form
D5: Price Form and Cost and Supplier Accommodation Profile, during the term of the Agreement,
excluding any taxes (if applicable).

FOR THE GOVERNMENT OF MANITOBA


as represented by the Minister of Consumer Protection
and Government Services (or designate):

Signed in the presence of:


Signature

Witness Name

Title

Date signed

________________________________________________________________________________________________________________
23 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
FORM D5: PRICE FORM

REQUEST FOR SUPPLY ARRANGEMENT FOR ACCOMMODATION SERVICES ACROSS


MANITOBA

RFSA #: 20-10-22-A-01-ASAM-03-23

Provide the all-inclusive unit rates for the as-and-when requested services outlined in Appendix “A”

Wi-Fi and parking (if available at the site, should be included in all unit rates for rooms)

NOTE: DUPLICATE THIS FORM AND PROVIDE REQUIRED INFORMATION IF FACILITIES ARE
LOCATIED IN DIFFERENT DISTRICTS

Districts: Refer to Section 8.1 of Appendix “A” for definition of Districts.

(a) District 1 - Winnipeg

(b) District 2 - Interlake-Eastern

(c) District 3 - Southern Health-Santé Sud

(d) District 4 - Prairie Mountain Health

(e) District 5 - Northern Health Region

Room Types:

(f) Single room: A room with a single bed that sleeps a single occupant.

(g) Double room: A room with a queen size/double bed for two occupants.

(h) Twin room: Room with two single beds for two occupants.

(i) Triple room: Room with three separated queen size/double bed for three occupants.

(j) Quad room: Room with four separated queen size/double beds for four occupants.

(k) Family room: Room with one double/queen size bed and one or two single beds for four
occupants

(l) Studio: Room with a studio bed for single occupant.

(m) Suite: Room with more than two beds or multiple sleeping areas or rooms that sleeps up to
a maximum of six occupants.

(n) Suite+: Room with multiple sleeping areas or multiple beds exceeding two and with kitchen
area

(o) Family suite: Family room with kitchen

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24 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
(p) Onsite Storage: Storage space for supplies to be used by user organizations during the use
of accommodation services.

Rooms that have accessibility options will not be charged additional than the defined rooms stated ab

Proponents to fill attached Cost and Supplier Accomodation Profile spreadsheet

________________________________________________________________________________________________________________
25 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
PART E - TERMS FOR AGREEMENT FOR ACCOMMODATION SERVICES

In addition to any specific requirements that must be met in performing or delivering the Accommodation
Services as provided elsewhere in this RFSA, the following terms and conditions shall apply to the parties
to the Agreement and the performance of the Accommodation Services.

5.0 Term of the Agreement

5.1 The initial term of the Agreement shall commence on the date that Manitoba signs the Agreement
and expire on March 31, 2024.

5.2 The Agreement is not a guarantee of work, but an agreement on fixed unit rates and conditions.

5.3 Manitoba has the option to extend the term of this Agreement for a further period, in its sole
discretion. Should Manitoba exercise an extension period, the Agreement shall be extended on the
same terms and conditions as contained in this Agreement, except for the price for the
Accommodation Services, which shall be at the prices specified in the Supplier’s Form D5: Price
Form. In the event Manitoba wishes to extend this Agreement, Manitoba shall provide written notice
to the Supplier seven (7) days prior to the Agreement end date.

6.0 Call-up to Supply Arrangement Process

6.1 This RFSA creates a pool of prequalified Suppliers for Accommodation Services to be used
throughout Manitoba for government programs such as but not limited to relocation programs for
families or individuals displaced due to emergencies and refugee programs. .

6.2 The user organization will establish the scope of services to be required at the Supplier’s facilities
through the form provided in Appendix “C” Request for Services and send the form directly to the
Supplier to coordinate the request.

6.3 The user organization will Call-up to the existing and agreed upon rates and conditions and clauses
established through the Agreement. No new rates or conditions can be negotiated at the Call-up for
Accommodation Services.

6.4 It is understood that the Call-up for Accommodation Services (through Appendix “C” Request for
Services form) will form a contract only for those services which have been Called-up.

7.0 Supplier’s Fees, Invoicing, Payment and Estimates

(a) In consideration of the Services provided or delivered to the satisfaction of Manitoba,


Manitoba shall pay the Supplier the amounts not to exceed the prices quoted on the
Supplier’s Form D5: Price Form, during the term of the Agreement, plus applicable taxes.

(b) Rates shall commence at time of check-in and will continue until agreed upon check-out
times between the user organization and the Supplier.

(c) All invoices shall be submitted following the direction of the Authorized Representative, in
writing and satisfactory to Manitoba in both form and content, and shall include the following
information:

(d) Supply Arrangement number;

(e) Contract number;


________________________________________________________________________________________________________________
26 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
(f) Dates of services; and

(g) Any additional information requested by the Authorized Representative.

7.2 The Supplier shall provide to Manitoba any supporting documents, vouchers, statements and
receipts when and as requested.

7.3 Manitoba shall, within approximately ten (10) business days of receipt of invoice, certify the account
for payment or advise the Supplier in writing why the account is amended or not approved.

7.4 Manitoba shall endeavour to pay the Supplier any fees due within thirty (30) days after the receipt
and approval of the invoice.

7.5 Manitoba bears no responsibility for delays in approval of invoices that are improperly submitted.

7.6 Those invoiced fees, approved but not paid by Manitoba within sixty (60) days of receipt and
approval, shall bear interest at the rate being charged by Her Majesty the Queen in Right of the
Province of Manitoba to Her Crown Corporations for the period in question, in accordance with the
Financial Administration Manual issued under the authority of The Financial Administration Act, from
st
the 61 day after the due date until payment is made.

7.7 Manitoba may have the following payment methods:

(a) Electronic Transfer Payment;

(b) Cheque; and

(c) Credit card.

7.8 No Additional Payment – The fees payable to the Supplier, as indicated in the Form D5: Price
Form, shall remain fixed, and will not be increased or decreased until a formal Call-out process
allowing for fixed unit rates to be amended. Manitoba shall not be responsible for payment of any
other costs or expenses incurred by the Supplier in the performance of this Agreement.

8.0 Taxes

8.1 Manitoba certifies that the Goods and/or Services are being purchased under the Agreement by the
Government of Manitoba with Crown funds.

8.2 However, tax regulations under this Supply Arrangement are different across the multiple participant
user organizations and will be identified by the user organizations at time of engagement.

9.0 Confidential Information

9.1 While the Agreement is in effect, and at all times thereafter, the Supplier and any officers, employees
or agents of the Supplier:

(a) shall treat as confidential all information, documents and materials, including (without
limitation) all data, research, reports, drawings, designs, plans, photographs and other
materials, acquired or to which access has been given in the course of, or incidental to, the
provision or delivery of the Services or terms of the Agreement;

(b) shall not, without first obtaining written permission from Manitoba,
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27 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
i) use, or permit use of, the information, documents and materials described in clause
E9.1(a) except for the proper performance of the Supplier’s obligations under the
Agreement, or

ii) disclose, or permit disclosure of, the information, documents and materials
described in clause E9.1(a) to any person, corporation or organization; and

(c) shall comply with any rules or directions made or given by Manitoba with respect to
safeguarding or ensuring the confidentiality of the information, documents and materials
described in clause E9.1(a).

9.2 It is acknowledged that the prohibition against disclosure, as mentioned in clause E9.1(b) shall not
apply where disclosure is required by law or court order or for law enforcement purposes.

9.3 In addition to the requirements set out in Clause E9.1, the Supplier shall:

(a) comply with the requirements set out in Appendix “D” - Protection of Personal Information
respecting collection, use, disclosure and protection of personal information; and

(b) ensure that all employees and agents of the Supplier who may have access to personal
health information (as defined in Appendix “D”) sign a Pledge of Confidentiality in the form
and content set out in Appendix “E” and to retain such pledge in the employees’ personnel
files.

10.0 Indemnity

10.1 The Supplier shall use due care in the performance of the obligations under the Agreement to ensure
that no person is injured, no property is damaged or lost and no rights are infringed.

10.2 The Supplier shall be solely responsible for:

(a) any injury to persons (including death), damage or loss to property or infringement of rights
(including privacy rights) caused by, or related to, the performance of the Goods and/or
Services or any term of the Agreement, or the breach of any term or condition of the
Agreement by the Supplier, or the officers, employees or agents of the Supplier; and

(b) any omission or wrongful or negligent act of the Supplier, or of the officers, employees or
agents of the Supplier;

and shall save harmless and indemnify Manitoba, its officers, employees and agents from and
against all claims, liabilities and demands with respect to clauses (a) and (b).

10.3 If the Supplier fails to make any payment required to be made to Manitoba pursuant to this
Agreement, Manitoba shall be entitled to deduct the amount of such payment from any payment
required to be made by Manitoba to the Supplier under the Agreement or take whatever other
remedies against the Supplier that Manitoba may have at law.

11.0 Insurance

11.1 The cost of obtaining and maintaining any required insurance shall be borne by the Supplier.

11.2 The Supplier is responsible for deciding if insurance coverage is necessary to fulfill its obligations
under the Agreement and resulting agreement with the end user to ensure compliance with any
________________________________________________________________________________________________________________
28 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
applicable laws. Any insurance acquired or maintained by the Supplier is at its own expense and for
its own benefit and protection. It does not release the Supplier from or reduce its liability under the
Agreement.

11.3 Without limiting or restricting the generality of section E.6.2 above, any insurance acquired shall:

(a) be underwritten by insurers acceptable to Manitoba;

(b) contain a requirement that the insurer give at least thirty (30) days, prior written notice to
Manitoba in the event it intends to cancel or significantly reduce the coverage.

11.4 The Supplier shall not cancel, materially alter, cause or allow the insurance coverage required under
this Agreement to lapse without giving thirty (30) days prior written notice to Manitoba.

11.5 The Supplier acknowledges that it has the sole responsibility to determine the appropriate amounts
and terms of insurance coverage required under section E.11.2 and whether any other insurance is
necessary or advisable but the amounts and terms must be consistent with the requirements of
E11.2 and E11.3.

11.6 Any insurance acquired by the Supplier shall be provided to Manitoba with certificate(s) of insurance
or certified copies of the insurance policies as evidence of the required insurance within
approximately seven (7) calendar days of receipt of the conditional acceptance letter in accordance
with section C4.0.

11.7 The Supplier shall not do, or omit to do, or permit anything to be done or omitted during the term of
the Agreement which will in any way impair or invalidate such policy or policies of insurance.

12.0 Workers’ Compensation Insurance

12.1 Where the Supplier’s industry is included in the scope of The Workers Compensation Act (Manitoba)
and the Supplier must maintain coverage under that Act, the Supplier must provide written
verification in the form of a clearance letter from the Worker's Compensation Board of Manitoba that
the Suppler’s workers compensation coverage is in good standing with the Board. The Supplier may
submit the clearance letter with its Bid at the time of the Submission Deadline. Suppliers who do not
submit a clearance letter at the time of the Submission Deadline will be required to submit a
clearance letter as per C4.0 the RFSA..

12.2 A clearance letter may be obtained online at the Worker’s Compensation Board of Manitoba website
at: www.wcb.mb.ca/clearances. The clearance letter must be dated no earlier than the date the
Supplier receives the conditional acceptance letter.

12.3 Where the Supplier’s industry is included in the scope of The Worker’s Compensation Act
(Manitoba), but the Supplier is exempt, the Supplier must provide a statement in the place of the
clearance letter indicating that it is exempt and the reason(s) for the exemption.

12.4 At the written request of the Organization, at any time during the term of the Agreement, the Supplier
must provide the Organization with evidence, in a form satisfactory to the Organization, of coverage
and standing.

13.0 Waiver of Default

13.1 Any waiver by Manitoba of any failure, default or breach under this Agreement by the Supplier shall
not be effective unless given in writing by an authorized person and shall not constitute a subsequent
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29 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
waiver of a similar or any other failure, default or breach.

14.0 Restriction on Advertising

14.1 The Supplier agrees that it shall not refer to, or permit any reference to, the Agreement or the
Services in any advertising or promotional material except with the prior written authorization of
Manitoba.

15.0 Compliance to Codes / Employment Standards / Workplace Safety & Health

15.1 The Supplier shall comply with all laws, by-laws, ordinances, regulations, codes and orders of
authorities having jurisdiction which are or come into force during the performance of the work and
which relate to the work. Where there are two or more laws, by-laws, ordinances, regulations or
codes, all work shall be carried out in accordance with the laws of Manitoba, and any local authority
having jurisdiction.

15.2 The Supplier shall be incorporated and in good standing under The Corporations Act, or properly
registered under The Business Names Registration Act, or otherwise properly registered, licensed or
permitted by law to carry on business in Manitoba, or if the Supplier does not carry on business in
Manitoba, in the jurisdiction where the Supplier does carry on business, throughout the term of the
Agreement. The Supplier shall provide the Supply Arrangement Authority with evidence thereof
within seven (7) calendar days of receipt of the conditional acceptance letter in accordance with
section C4.0. In addition, the Supplier shall promptly provide Manitoba with updated evidence thereof
during the term of the Agreement upon request by Manitoba.

15.3 The Supplier shall ensure that all provisions of the Employment Standards Code, C.C.S.M. c. E110
in respect to wages, hours of work and conditions of employment are adhered to.

15.4 The Supplier shall obtain and pay for all applicable permits, licenses and certificates, and in
particular, shall familiarize itself and its personnel with the terms of The Manitoba Workplace Safety
and Health Act, C.C.S.M. c. W210 and the Workplace Safety and Health Regulation 217/2006 to
ensure complete understanding in respect to the responsibilities given and compliance required.

15.5 By entering into this Agreement, the Supplier acknowledges its responsibility to fulfill the duties of an
“employer” under Section 4 and Section 7.4, if applicable, of The Workplace Safety and Health Act
C.C.S.M. c. W210 (the "WSHA") and to ensure that the Accommodation Services are carried out in
accordance with the Act and all regulations and safe work practices applicable to the work being
performed under this Agreement.

15.6 Manitoba may request the Supplier to provide proof satisfactory to Manitoba of the Supplier’s
compliance with the WSHA.

16.0 Supply Arrangement Reporting

16.1 The Supplier must compile and maintain records on its provisions of Accommodation Services to
Manitoba under the Call-up contracts resulting from the Agreement. This data must include all
purchases by user organizations.

16.2 If some data is not available, the reasons must be indicated. If no accommodation services were
provided during the given period, the Supplier must still provide a “NIL” report.

16.3 The data must be submitted to the Supply Arrangement Authority when requested within 10 business
days.
________________________________________________________________________________________________________________
30 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
17.0 Onsite Storage Requirements

17.1 If Manitoba deems a requirements of storage space on-site and the Supplier has the space identified
in their Appendix “B” submission, the Supplier shall store supplies required for daily and special
requirements and limit access to only the user organizations that require the supplies.

17.2 The Supplier shall confine the storage of all supplies and/or equipment and limit access to only
Manitoba personnel or key personnel identified at time of contract.

18.0 Changes to the Services

18.1 If a requirement is deemed to increase or decrease Accommodation Services, Manitoba will


negotiate with the Supplier and reflect changes in the Agreement through an amendment.

18.2 Manitoba may make changes to increase or reduce the quantities or suspend or omit any item or
portion of the Accommodation Services at any time. The Supplier shall not be entitled to any
compensation for loss of anticipated profit as a result of the deletion of any item or part of an item
from the Agreement.

18.3 Changes shall be in writing and signed by both parties.

18.4 Where applicable, prices for additional work or deletion of work shall be adjusted in accordance with
the prices established in this Agreement.

18.5 All prices provided to the Organizations shall be firm.

19.0 Authority of the Authorized Representative and Supply Arrangement Authority

19.1 The Authorized Representative shall be the representative throughout the resulting Agreement and
shall have the authority to act on behalf of Manitoba and all participating organizations to the extent
expressly provided for in this Agreement.

19.2 The Supply Arrangement Authority shall interpret or clarify the Agreement or any part thereof which
appears indefinite, not clear or contradictory to the Supplier, and shall be the only authority to make
changes to the Agreement in writing.

20.0 Dispute Resolution

20.1 All matters in dispute, arising out of or in connection with this Agreement, shall be resolved in
accordance with this Section 20.

20.2 Within five (5) business days of one party notifying the other in writing of a dispute, the Supply
Arrangement Authority, the Authorized Representative and the Supplier shall meet and attempt to
resolve the dispute. If the parties are unable to resolve the dispute within ten (10) business days,
then the Supply Arrangement Authority shall meet with the Authorized Representative’s Directors
and the Supplier in an attempt to resolve the dispute. If the parties are unable to resolve the dispute
within a further ten (10) business days, the representatives of each of the parties shall meet with a
mediator from a mediation services company selected by Manitoba and agreed to be the Supplier, in
an attempt to resolve the dispute. The costs of the mediator shall be borne equally by Manitoba and
the Supplier.

20.3 In the event that the mediation does not take place or the dispute is not resolved, the parties shall
have the right to whatever remedies are available to them at law.
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31 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
20.4 Mediations shall take place in the City of Winnipeg, Manitoba, and shall be governed by the laws of
Manitoba as applicable thereto.

21.0 Notices

21.1 Any notice or other communication to the Supplier under this Agreement shall be in writing and shall
be delivered personally to the Supplier or to an officer or employee of the Supplier or sent by
registered mail, postage prepaid, or by way of facsimile transmission, to the Supplier’s address as
indicated in Form D4: Form of Offer.

21.2 Any notice or other communication to Manitoba under this Agreement shall be in email to:

RFSA #: 20-10-22-A-01-ASAM-03-23
Procurement and Supply Chain Division
Attention: Director, Procurement Services.
Email: ProcServ@gov.mb.ca

21.3 Any notice that is hand-delivered will be deemed to have been received on delivery, and any notice
mailed will be deemed to have been received three (3) business days after being mailed. Any notice
that is sent by facsimile or other electronic submission will be deemed to have been received on the
first business day after the date of transmission.

21.4 Either party may, by giving notice, designate another address or addresses at which it will accept
delivery of notices, documents or other communications under the Agreement.

21.5 If mail service is disrupted by labour controversy, notice shall be delivered or sent by facsimile or
other electronic transmission.

21.6 In no event shall any notice be sent by mail during any period of interrupted or threatened
interruption of postal service.

22.0 Amendments

22.1 No amendment or change to, or modification of, the Agreement shall be valid unless in writing and
signed by both parties.

23.0 Governing Law

23.1 The Agreement shall be interpreted, performed and enforced in accordance with the laws of the
Province of Manitoba and of Canada as applicable therein.

24.0 Entire Agreement

24.1 The Agreement constitutes the entire agreement between the parties. There shall be no
undertakings, representations or promises, express or implied, other than those contained in the
Agreement.

25.0 Survival of Terms

25.1 Those sections containing obligations and indemnifications that by their very nature are intended to
survive the termination or expiration of the Agreement, including section 9.0 (Confidential

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32 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Information), and section 10.0 (Indemnity) of this Part E, shall survive the expiration or termination of
the Agreement.

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33 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
APPENDIX “A” STATEMENT OF REQUIREMENTS

1.0 General Requirements

1.1 Organizations must be given priority reservations at your accommodations facilities for government
programs such as but not limited to relocation programs for families or individuals displaced due to
emergencies and refugee programs..

1.2 Manitoba will make all efforts to not cancel, amend, or revise requirements. However due to
challenging and changing requirements , Manitoba reserves the right to cancel, amend, revise, or
change at a very short notice.

1.3 General room cleaning must be performed on a daily basis.. General room cleaning standards are
bed made, garbage bins cleared of trash, and fresh towels.

1.4 The user organizations will engage with the supplier when a requirement is identified. Due to the
nature of the required services, engagement may occur with only a 24 hour or less notice to the
Supplier of a need.

1.5 The user organization will identify if the Accommodation Services are for a short term, medium term,
or long term requirement. Defined terms for these periods can be found on Appendix “B” and
Appendix “C”.

1.6 Room must meet the local government’s standard for hygiene and sanitation.

1.7 Rooms must be non-smoking.

1.8 Rooms must have both heat and air conditioning options and controls.

1.9 Accommodation facilities must have continuous cleaning of common spaces.

User organizations identifying an accessibility need must be provided a room with accessibility
access with no barriers.

2.0 Rooms with Pets

2.1 Rooms with pets must be identified to the user organization

2.2 Rooms where pets are accessible must be confined to specific floors only

2.3 The user organization may require rooms within your facilities where pets have had no access due to
allergies or other special considerations

3.0 Amenities and food services

3.1 Wi-Fi should be made available to all user organizations using the rooms or space if this amenity
provided within your facility.

3.2 Common areas shall not have gathering of people over Public Health recommendations if any.

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34 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
3.3 Food shall be handled by a staff member employed by the acommodations facility with gloves
following food handling regulations. A

3.4 Regular washing of hands must be followed when handling of foods or products and engagement
with public.

4.0 Responsibility of User Organizations

4.1 The user organizations will notify the supplier of changes if/when they arise. An example of changes
would be change in total number of people expected before check-in or change in requirements.

4.2 The user organizations will advise the Supplier immediately upon discovery of any damages to
rooms

4.3 The user organization will negotiate and discuss property damage, costs and repair, if damage
occurs that is a result of an occupant under this Agreement.

4.4 The user organizations will coordinate and provide the Supplier a list of the names of the persons
utilizing the accommodations and the purpose of the accommodations prior to check-in and at least
within 48 hours of check-in. Situations may arise where this can not be accommodated and names
of persons will be coordinated with 24 hours, but user organization will try its best during this
challenging pandemic environment.

4.5 The user organization will give the Supplier 48 hour’s notice of when Accommodation Services
requests may need to revised or cancelled. Situations may arise where this can not be
accommodated and revisions or cancellations may occur within 24 hours, but user organizations will
try itsbest during this challenging pandemic environment.

4.6 Suppliers cannot have on-going construction taking place within or on grounds of its facilities and
must be located in a safe and quiet environment to allow for rest.

5.0 Incidental charges

5.1 Additional room charges including personal phone charges, movie rentals, pay per view will be
charged to the individual(s) utilizing the accomodations and will not be the responsibility of the user
organization and will not form part of this Agreement.

5.2 Any damage to rooms will be reported to the identified user organization contact. The user
organization will discuss with hotel personnel on how damages will be resolved.

6.0 Remediation Services

6.1 Remediation will occur if needed directly after the user organization is completely done with the
accommodations of that room.

6.2 Remediation will be managed by the Supplier providing the Accommodation Services and the user
organization will pay for the rooms during this remediation period as specified in the Form D5: Price
Form for remediation services.

6.3 Remediation services will be the act of providing enhanced cleaning as Per Public health guidelines
if any

7.0 Additional Requirements


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35 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
7.1 During the Call-up to provide Accommodation Services, the user organization may request floor
plans, additional facility information to help develop operation requirements to engage through
Appendix “C”.

7.2 If the information is not provided within the timeframe requested or not at all the facilility will be
deemed non-compliant the next ranked Supplier will be engaged.

8.0 Rooms

8.1 Rooms will be made available under this Agreement based on the following consistent terms for
alignment on requirements:

(a) Single room: A room with a single bed that sleeps a single occupant.

(b) Double room: A room with a queen size/double bed for two occupants.

(c) Twin room: Room with two single beds for two occupants.

(d) Triple room: Room with three separated queen size/double bed for three occupants.

(e) Quad room: Room with four separated queen size/double beds for four occupants.

(f) Family room: Room with one double/queen size bed and one or two single beds for four
occupants

(g) Studio: Room with a studio bed for single occupant.

(h) Suite: Room with more than two beds or multiple sleeping areas or rooms that sleeps up to
a maximum of six occupants.

(i) Suite+: Room with multiple sleeping areas or multiple beds exceeding two and with kitchen
area

(j) Family suite: Family room with kitchen

(k) Onsite storage is defined a space that can hold supplies and materials only accessible to the
user organization and key personnel within the accommodation facility. Onsite storage must
have shelves or ways to organize supplies and materials and must be large enough to be
considered a walk-in space.

9.0 Office Space

9.1 Office space may be a requirement if deemed necessary by the user organization

9.2 Office space shall be an enclosed space with possible access to a printer.

9.3 The office space must be made available during all times throughout the day with limited access to
only the user of that space due to confidential information that may be stored within that space during
occupancy.

10.0 Districts
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36 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
10.1 Districts are defined based off Health Regions within Manitoba with the exception of Thompson.
Thompson shall be considered as part of the Northern Health Region. See illustration below.

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37 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
GEOGRAPHICAL DISTRICTS

District 5
Exception: District 5 includes
Thompson

District 2

District 1

District 3

District 4

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38 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
APPENDIX “B” SUPPLIER ACCOMMODATIONS PROFILE

Proponents to fill attached Cost and Supplier Accomodation Profile spreadsheet

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39 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
APPENDIX “C” USER ORGANIZATION REQUEST FOR SERVICES

(1) An Organization will contact Suppliers from the pre-qualified list of suppliers. There is no guarantee
of business to any prequalified Suppliers.

(2) Each individual Call-up under the Agreement will be defined in a separate Scope of Request
(SOR). Each SOR are Call-ups to the established unit rates and conditions and clauses of the
Agreement and forms an Agreement. Each SOR, together with the terms and conditions of the
Supply Agreement shall constitute and be construed as a separate Agreement.

(3) Every Scope of Request shall include but not limited to:

(a) A description of the required accommodation, purpose, number of rooms, location and
other needed services (e.g. remediation, pet friendly, accessibility);

(b) Required date and duration;

(c) Contract Price;

(d) Name of Supplier contact details and the name of Organization employee responsible for
requesting the service; and

(e) Organizational tax requirements.

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40 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
SCOPE OF REQUEST (SOR)
No. __________

This Scope of Request, by and between ______________ and ________________, is dated the
_____________ day of ___, 20___.

This Scope of Request (SOR) is subject to the Terms and Conditions of the Agreement for
accommodation services across Manitoba and may be executed in any number of counterparts, including
counterparts signed and exchanged by fax or email, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. A photocopied, faxed, or scanned and
emailed, copy of this RFSA bearing the signature of each party, in a single document or counterparts
thereof as provided herein, shall be deemed an original execution version of this SOR.

Scope of Service Details; the user organization will check all required services.

Parking Adjoining room required

Room for isolation Room with kitchen

Pet Friendly space

Wheelchair accessible Room

Room used for healthcare purposes and will require additional outlets

Duration of Stay (Circle best option): Short Term Medium Term Long Term

Short term is defined as a period of seven calendar days or less

Medium term is defined as a period between 8 and 25 calendar days

Long term is defined as a period exceeding 25 calendar days

Location(s):

Supplier:
Contacts
Work Supervisor:
Other:

Scope of Request (Provide further


details on requirements and number
of requirements:

Schedule Requirements:

________________________________________________________________________________________________________________
41 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Pricing Details: (Please attach)

Accepted by: Accepted by:

(insert name of User Organization) (insert name of Supplier)

Signed: Signed:
Authorized Signing Authorized Signing
Representative Representative
Name Name
(print): (print):

Title Title
(print): (print):

Date: Date:

________________________________________________________________________________________________________________
42 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
APPENDIX “D” PROTECTION OF PERSONAL INFORMATION

Definition of personal information

1.01 In this Appendix and in the Agreement, “personal information” has the meaning given to that term
in The Freedom of Information and Protection of Privacy Act of Manitoba (C.C.S.M. c. F175), and
includes:

(a) personal information about an identifiable individual which is recorded in any manner,
form or medium; and

(b) personal health information about an identifiable individual as defined in The Personal
Health Information Act of Manitoba (C.C.S.M. c. P33.5) (as amended from time to time).

These statutory definitions are attached at the end of this Appendix.

1.02 The requirements and obligations in this Appendix:

(a) apply to all personal information received, collected or otherwise acquired by the Supplier
in the course of carrying out its obligations under the Agreement, in whatever manner,
form or medium;
(b) apply whether the personal information was received, collected or acquired before or
after the commencement of the Agreement; and
(c) continue to apply after the termination or expiration of the Agreement.

Collection of personal information by the Supplier

1.03 The Supplier recognizes that, in the course of carrying out its obligations under the Agreement,
the Supplier may receive personal information from an Organization and may collect, acquire, be
given access to and may otherwise come into possession of personal information about
individuals receiving Services from the Supplier under the Agreement.

1.04 Where the Supplier receives, collects, acquires, is given access to or otherwise comes into
possession of personal information, the Supplier shall receive, collect or acquire only as much
personal information about an individual as is reasonably necessary to carry out the Supplier’s
obligations under the Agreement.

1.05 Where the Supplier collects or acquires personal information directly from the individual it is
about, the Supplier shall ensure that the individual is informed of:

(a) the purpose for which the personal information is collected;

(b) how the information is to be used and disclosed;

(c) who in the Supplier’s organization can answer questions the individual may have about
his or her personal information; and

(d) the individual’s right of access to the personal information about himself or herself, as set
out in the Supplier’s policies established in accordance with subsection 1.06 of this
Appendix.

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43 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Access to personal information by the individual it is about

1.06 The Supplier shall establish a written policy, acceptable to the Organization, providing individuals
whose personal information is received, collected or acquired by the Supplier under the
Agreement with:

(a) a right to examine personal information about themselves which is maintained by the
Supplier, subject only to specific and limited exceptions; and

(b) a right to request corrections to this personal information.

Restrictions respecting use of personal information by the Supplier

1.07
(a) The Supplier shall keep the personal information in strict confidence and shall use the
personal information only for the purpose of properly carrying out the Supplier’s
obligations under the Agreement and not for any other purpose.

(b) The personal information shall be used solely by Supplier personally, or (where the
Supplier is a corporation, business, organization or other entity) by the officers and
employees of the Supplier, except as otherwise specifically permitted by an Organization
in writing.

(c) The Supplier shall:


(i) limit access to and use of the personal information to those of the Supplier’s
officers and employees who need to know the information to carry out the
obligations of the Supplier under the Agreement;

(ii) ensure that every use of and access to the personal information by the Supplier
and by the authorized officers and employees of the Supplier is limited to the
minimum amount necessary to carry out the obligations of the Supplier under the
Agreement;

(iii) ensure that each officer and employee of the Supplier who has access to the
personal information is aware of and complies with the requirements, obligations
and fair information practices in this Appendix; and

(iv) ensure that each officer and employee who has access to the personal
information signs a pledge of confidentiality, satisfactory in form and content to
the Organization, that includes an acknowledgement that he or she is bound by
the requirements, obligations and fair information practices in this Appendix and
by the Supplier’s security policies and procedures and is aware of the
consequences of breaching any of them.

1.08 The Supplier shall take all reasonable measures to ensure that:
(a) no person can make unauthorized copies of the personal information;

(b) no person shall disclose the personal information except as authorized under subsection
1.10 of this Appendix; and

(c) no person can modify or alter the personal information in a manner which is not
authorized.
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44 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
1.09 The Supplier shall not link or match the personal information with any other personal information,
except where necessary to carry out the obligations of the Supplier under the Agreement.

Restrictions respecting disclosure of personal information by the Supplier


1.10 The Supplier shall not give access to, reveal, disclose or publish, and shall not permit anyone to
give access to, reveal, disclose or publish, the personal information to any person, corporation,
business, organization or entity, except as follows:
(a) to the Organization, and to the Organization’s officers, employees and agents, for the
purposes of the Agreement entered into by that specific Organization;
(b) to the individual the personal information is about, upon satisfactory proof of identity;
(c) to any person, corporation, business, organization or entity with the voluntary, informed
consent of the individual the information is about;
(d) where the individual the information is about is a child under the age of 18 years, to the
custodial parent or parents or to the legal guardian of the child, upon satisfactory proof of
identity and authority, provided that the Supplier is of the opinion the disclosure would not
be an unreasonable invasion of the child’s privacy;
(e) where disclosure is required or authorized by legislation;
(f) where disclosure is required by an order of a court, person or body with jurisdiction to
compel production of the personal information or disclosure is required to comply with a
rule of court that relates to the production of the personal information; or
(g) where disclosure is necessary to prevent or lessen a serious and immediate threat to the
health or safety of the individual the information is about or of any other individual or
individuals.

1.11 Without limiting subsection 1.10 of this Appendix, the Supplier shall not:

(a) sell or disclose the personal information, or any part of the personal information, for
consideration; or
(b) exchange the personal information for any goods, services or benefit; or
(c) give the personal information to any individual, corporation, business, agency,
organization or entity for any purpose, including (but not limited to) solicitation for
charitable or other purposes;
and shall take reasonable steps to ensure that none of these activities take place.
Protection of the personal information by the Supplier

1.12 The Supplier shall protect the personal information by putting in place reasonable security
arrangements, including administrative, technical and physical safeguards, that ensure the
confidentiality and security of the personal information and protect the personal information
against such risks as use, access, disclosure or destruction which are not authorized under this
Appendix. These security arrangements shall take into account the sensitivity of the personal
information and the medium in which the information is stored, handled, transmitted or
transferred.

1.13 Without limiting subsection 1.12 of this Appendix:

(a) where personal information is in paper form, on diskette or other removable media, the
Supplier shall ensure that:
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45 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
(i) all paper records, diskettes and removable media used to record the personal
information are kept in physically secure areas and are subject to appropriate
safeguards when not in use

(ii) the personal information is accessible only to those of the Supplier’s officers and
employees who need to know the personal information to carry out the
obligations of the Supplier under the Agreement; and

(b) where personal information is stored in electronic format, the Supplier shall:

(i) ensure that the computer system or computer network on which the personal
information is stored is secure and is accessible only to officers and employees
of the Supplier who need to know the personal information to carry out the
obligations of the Supplier under the Agreement;

(ii) ensure that the personal information is protected by a series of passwords to


prevent unauthorized access; and

(iii) limit access to and use of these passwords to those of the Supplier’s officers and
employees who need to know the personal information to carry out the
obligations of the Supplier under the Agreement.

1.14 When disposing of any paper records and media containing a record of the personal information,
the Supplier shall destroy the paper records or erase or destroy any personal information
contained on the media in a manner which adequately protects the confidentiality of the personal
information.

1.15 The Supplier shall establish and take all reasonable measures to ensure compliance with written
policies and procedures respecting the use of, access to, disclosure, protection and destruction of
the personal information which shall be consistent with and reflect the requirements of this
Appendix. These security policies and procedures shall include:

(a) provisions for identifying and recording security breaches and attempted security
breaches; and

(b) corrective procedures to address security breaches.

1.16 The Supplier shall provide training for its officers and employees about the requirements of this
Appendix and the Supplier’s security policies and procedures.

1.17 The Supplier shall, immediately upon becoming aware of any of the following, notify Manitoba in
writing of any use of, access to, disclosure or destruction of personal information which is not
authorized by this Appendix, with full details of the unauthorized use, access, disclosure or
destruction. The Supplier shall immediately take all reasonable steps to prevent the recurrence
of any unauthorized use, access, disclosure or destruction or the personal information and shall
notify Manitoba in writing of the steps taken.

1.18 The Supplier shall comply with any regulations made, policies issued and reasonable
requirements established by an Organization respecting the protection, retention or destruction of
the personal information.

Inspections by Organization

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46 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
1.19 The Organization and its representatives may carry out such inspections or investigations
respecting the Supplier’s information practices and security arrangements as the Organization
considers necessary to ensure the Supplier is complying with the terms and conditions of this
Appendix and that the personal information is adequately protected. The Supplier shall co-
operate in any such inspection or investigation, and shall permit the Organization and its
representatives access, at all reasonable times, to the Supplier’s premises and to records and
information relating to the Supplier’s information practices and security arrangements or to this
Appendix for these purposes.

1.20 If an inspection or investigation identifies deficiencies in the Supplier’s information practices or


security arrangements which expose the personal information to risk of unauthorized use,
disclosure or destruction, the Supplier shall take reasonable steps to promptly correct the
deficiencies to the Organization’s satisfaction.

Destruction of personal information on expiration or termination of Agreement

1.21 On expiration or termination of the Agreement for any reason, the Supplier shall, unless otherwise
directed by the Organization, destroy the personal information (including all copies of the
personal information in any form or medium) in a manner which adequately protects the
confidentiality of the personal information.

1.22 After the personal information has been used for its authorized purpose, or where destruction of
the personal information is requested by Organization or is required by the Agreement, the
Supplier shall destroy the personal information (and all copies of the personal information in any
form or medium) in a manner which adequately protects the confidentiality of the personal
information.

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47 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Statutory definitions of personal information and personal health information

1. "personal information" means recorded information about an identifiable individual, including



(a) the individual’s name,
(b) the individual’s home address, or home telephone, facsimile or e-mail number,
(c) information about the individual’s age, sex, sexual orientation, marital or family
status,
(d) information about the individual’s ancestry, race, colour, nationality, or national or
ethnic origin,
(e) information about the individual’s religion or creed, or religious belief, association
or activity,
(f) personal health information about the individual,
(g) the individual’s blood type, fingerprints or other hereditary characteristics,
(h) information about the individual’s political belief, association or activity,
(i) information about the individual’s education, employment or occupation, or
educational, employment or occupational history,
(j) information about the individual’s source of income or financial circumstances,
activities or history,
(k) information about the individual’s criminal history, including regulatory offences,
(l) the individual’s own personal views or opinions, except if they are about another
person,
(m) the views or opinions expressed about the individual by another person, and
(n) an identifying number, symbol or other particular assigned to the individual.

2. "personal health information" means recorded information about an identifiable individual that
relates to
• the individual's health, or health care history, including genetic information about the
individual,
• the provision of health care to the individual, or
• payment for health care provided to the individual, and includes

• the PHIN and any other identifying number, symbol or particular assigned to an
individual, and
• any identifying information about the individual that is collected in the course of, and is
incidental to, the provision of health care or payment for health care.

"health care" means any care, service or procedure


(a) provided to diagnose, treat or maintain an individual's physical or mental
condition,
(b) provided to prevent disease or injury or promote health, or
(c) that affects the structure or a function of the body,
and includes the sale or dispensing of a drug, device, equipment or other item pursuant
to a prescription.

"PHIN" means the personal health identification number assigned to an individual by the minister
to uniquely identify the individual for health care purposes.

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48 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
APPENDIX “E” PLEDGE OF CONFIDENTIALITY

I UNDERSTAND THAT:
1. I may or will have access to personal health information for the purposes of carrying out the
Accommodation Services under the Agreement.

2. “personal health information”, for the purposes of the Agreement and this Pledge of
Confidentiality, is defined in The Personal Health Information Act of Manitoba (definitions
attached); and

3. I am bound by the requirements of the Agreement and by the policies and procedures established
by the Organization respecting the collection, use, disclosure, protection, alteration, retention and
destruction of any personal health information to which I may have access in the course of
carrying out the Accommodation Services under the Agreement.

I UNDERTAKE AND AGREE not to collect, use disclose, alter, retain or destroy personal health
information except in accordance with the Agreement and any applicable policies and procedures of the
Organization.

I FURTHER UNDERTAKE AND AGREE THAT:


1. I will treat all personal health information to which I have access under the Agreement as strictly
confidential and will use such personal health information solely for the purpose of carrying out
the Agreement and for no other purpose;

2. I will limit my access to personal health information that I am authorized by the Organization to
use and that I need to know to carry out my obligations under the Agreement;

3. I will not retain or make unauthorized copies of any personal health information, in any form or
medium;

4. I will not modify or alter any personal health information in any manner; and

5. I will not disclose any personal health information, in any form or medium, to any person,
corporation, organization or entity, except as specifically authorized in writing under the
Agreement.

I acknowledge that failure to comply with the undertakings in this Pledge of Confidentiality may result in
my being prohibited from providing Accommodation Service under the Agreement or in other proceedings
being taken against me.

DATED this day of , 20__.

Name (Printed) Name of Witness (Printed)

Signature Signature

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49 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
Statutory definitions of personal information and personal health information

1. "personal information" means recorded information about an identifiable individual, including



(o) the individual’s name,
(p) the individual’s home address, or home telephone, facsimile or e-mail number,
(q) information about the individual’s age, sex, sexual orientation, marital or family
status,
(r) information about the individual’s ancestry, race, colour, nationality, or national or
ethnic origin,
(s) information about the individual’s religion or creed, or religious belief, association
or activity,
(t) personal health information about the individual,
(u) the individual’s blood type, fingerprints or other hereditary characteristics,
(v) information about the individual’s political belief, association or activity,
(w) information about the individual’s education, employment or occupation, or
educational, employment or occupational history,
(x) information about the individual’s source of income or financial circumstances,
activities or history,
(y) information about the individual’s criminal history, including regulatory offences,
(z) the individual’s own personal views or opinions, except if they are about another
person,
(aa)the views or opinions expressed about the individual by another person, and
(bb)an identifying number, symbol or other particular assigned to the individual.

2. "personal health information" means recorded information about an identifiable individual that
relates to

• the individual's health, or health care history, including genetic information about the
individual,
• the provision of health care to the individual, or
• payment for health care provided to the individual,

and includes

• the PHIN and any other identifying number, symbol or particular assigned to an
individual, and
• any identifying information about the individual that is collected in the course of, and is
incidental to, the provision of health care or payment for health care.

"health care" means any care, service or procedure



(d) provided to diagnose, treat or maintain an individual's physical or mental
condition,
(e) provided to prevent disease or injury or promote health, or
(f) that affects the structure or a function of the body,
and includes the sale or dispensing of a drug, device, equipment or other item pursuant
to a prescription.

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50 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23
"PHIN" means the personal health identification number assigned to an individual by the minister
to uniquely identify the individual for health care purposes.

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51 Request For Supply Arrangement #20-10-22-A-01-ASAM-03-23

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