Upgrade Elevator, Saint John PO Station "A", Saint John, New Brunswick

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

IMPORTANT NOTICE TO BIDDER

THIS DOCUMENT CONTAINS A SECURITY REQUIREMENTS

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

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

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

LIMITATION OF LIABILITY for CONSTRUCTION

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

TABLE OF CONTENTS

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

2- CONDITIONS - CONSTRUCTION CDA01 Contract Documents

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

4- CERTIFICATIONS 4.1 Mandatory Certifications Required Precedent to Contract Award

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

1- SPECIAL INSTRUCTIONS TO BIDDERS

SI01 REQUIREMENT

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

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

SI02 PRE-QUALIFIED LIST

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

SI03 BID DOCUMENTS

1) The following are the bid documents

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

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

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

SI04 ENQUIRIES DURING THE SOLICITATION PERIOD

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

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

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

SI05 SITE VISIT

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

SI06 REVISION OF BID

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

SI07 BASIS OF SELECTION

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

SI08 INSUFFICIENT FUNDING

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

(a) cancel the solicitation; or

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

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

SI09 BID VALIDITY PERIOD

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

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

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

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

(b) cancel the invitation to tender.

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

SI10 CONSTRUCTION DOCUMENTS

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

SI11 SECURITY REQUIREMENT

N/A

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

Definitions

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

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

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

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

Former Public Servant in Receipt of a Pension

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

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

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

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

Work Force Adjustment Directive

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

If so, the Bidder must provide the following information

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

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

SI13 WEB SITES

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

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

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

Canadian economic sanctions http://www.international.gc.ca/sanctions/index.aspx?lang=eng

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2- CONDITIONS - CONSTRUCTION

CDA01 CONTRACT DOCUMENTS

1) The following are the contract documents

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

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

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

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

3- BID AND ACCEPTANCE FORM

BA01 IDENTIFICATION

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

Project Number: R.065244.001

BA02 BUSINESS NAME AND ADDRESS OF BIDDER

Name:____________________________________________________________ __________________

Address:_________________________________________________________ ___________________

________________________________________________________________ _____________

Telephone: _____________________ Fax:_____________________ PBN: __________________

BA03 THE OFFER

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

Construction the Total Bid Amount of

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

BA04 BID VALIDITY PERIOD

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

BA05 ACCEPTANCE AND CONTRACT

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

BA06 TERM OF CONTRACTS

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

BA07 BID SECURITY

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

BA08 SIGNATURE

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

Signature Date

4- CERTIFICATIONS

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

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

4.1 Mandatory Certifications Required Precedent to Contract Award

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

.

ANNEX A - SPECIFICATION

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

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

Delivery Date: Above-mentioned

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

Documents may be submitted in either official language of Canada.