Effective 2007 April 1 or later NOTE: These Terms and Conditions and the Supplements for the issuing Province s= hall apply only to those documents that reference them specifically. In t= he event of any conflict or disagreement between these Terms and Conditions = and the Invitation documents, the Invitation documents have precedence and wi= ll be assumed to be correct. These Terms and Conditions are intended to cover a wide range of provincial procurements, including goods and services. As such, not all clauses will be applicable= in all situations. If Bidders have questions regarding any of these Terms and Conditions, they must call the contact person named on the Invitation for= m, or get in touch with the Procurement Office. To satisfy special requirements, supplementary Terms and Conditions may also apply to some acquisitions. If this is the case, the Invitation documents will reference any such documents, in addition to these Terms and Conditions. The official Terms =
and
Conditions are available from the Council of Atlantic Premiers ( Failure to completely comply with these Terms and Conditions could cause the Bidd= er's Bid to be disqualified. ContentsThe items listed be= low are links to the named sections of this document; click on any of them to jump to that section.
DefinitionsBid: <= /i>Bidder's written offer to pr= ovide the required goods or services at a given price or rate, or any similar document issued in reply to an Invitation. May also be referred to as a Proposal, Tender, Quotation, Submission, Respo= nse or similar name. Bidder: Any person, business, or Consortium that submits a Bid. Broader Public Sector:= Any governmental or government-funded entity within a Province, including the= MASH sector (= Municipal governments, Academic instituti= ons such as universities and community colleges, School boards and Hospitals). In= cludes all government departments, agencies, boards, offices and commissions and Crown Corporations. Consortium: Two or more Bidders having no formal corporate links, who submit a joint Bid. E-bid<= /i>: A Bid submitted electronical= ly via the Internet. Fax Bid: = ; A Bid submitted by means of facsimile transmission over telephone lines. Invitation: A formal request for prices= or responses, whether in printed or electronic form, with sealed Bids, faxed Bids, electronically submitted Bids, or similar responses opened at a giv= en time. May also be referred to as a Tender, Request for Bids, Request for Quotations, Request for Proposals, Request for Information, Pre-Qualification, Request for Expression of Interest, or similar name.&n= bsp; The Invitation incorporates any addenda that may be issued. Paper Bid: A Bid submitted in printed = form, not through facsimile or other electronic medium Procurement O= ffice: The office responsible for = the issuing and processing of Invitations for the Province, as identified in = the Invitation documents. Province: Her Majesty the Queen in rig= ht of the Province or Provinces identified in the Invitation, including the Procurement Office and the Department or agency on whose behalf the Invitation is issued. Denotations: = The words "may" "could" or "should" denote the permissive. The words "must", "shall" or "will" denote the imperative. Provincial OfficesThe table below giv= es specific information about the Procurement Office for each Province.
1. &n= bsp; Date, Time and Place of Closing and Opening; Late Bids1.1 &nbs= p; Invitations will close at the time, date and location specified in the Invitation documents. 1.2 &nbs= p; All Bids must be received in their entirety at or before the closing time specified; Bidders are responsible for ensuring that their Bid, however submitted, is received o= n time and at the location specified. 1.3 &nbs= p; All times are local times; note the time difference between Bidder's location= and the Procurement Office (see Procurement Office table). 1.4 &nbs= p; Bids received late, or not received completely by the closing time will n= ot be considered; the Procurement Office time clock will be assumed to be correct in the event of dispute. 1.5 &nbs= p; All Bids must be sent to the Procurement Office (as identified in the Invitat= ion documents), and will be opened there, in accordance with that Procurement Office's rules for opening Bids. 1.6 &nbs= p; Bids will be opened publicly at the time and date specified in the Invitation. The public is allowed to attend Bid openings for most publicly-advertised Invitations - the website Invitation Notice, advertisement and/or the Invitation document itself will specify if the B= id opening can be attended by the public. 2. Methods of Submission2.1.1 &n= bsp; Bids must be legible and complete, must include the Invitation number and identify the Bidder's name and address and supply all information requested; incomplete or illegible Bids are subjec= t to rejection. 2.1.2 &n= bsp; All questions or areas on the Invitation form must be answered, even if i= t is only to indicate that the referenced item is not available; blank items w= ill be assumed to be unavailable, and may result in rejection of Bidder's Bid. 2.1.3 &n= bsp; Where the price summaries of the Bid do not fully explain the cost implications of an item, additional pricing detail should be attached, and shall form part of the Bid. 2.1.4 &n= bsp; Prices should be broken down as requested; if the cost of an item has been included in some other item, enter "Included in Item [nn]". 2.2.1 &n= bsp; Bids must be enclosed in a sealed, opaque envelope or package. 2.2.2 &n= bsp; The Bidder’s name, the Invitation number and the Invitation closing date should be clearly visible on the outside of the envelope or package.= 2.2.3 &n= bsp; The Bid must be signed by an appropriate authorized official of the firm submitting the Bid. 2.3.1 &n= bsp; A Bid may be submitted by facsimile (fax) unless the Invitation documents s= tate that fax Bids are not acceptable. 2.3.2 &n= bsp; Fax Bids may not be acceptable where the Bid must be accompanied by origi= nal documents, plans, deposits, or physical samples. 2.3.3 &n= bsp; Fax Bids are accepted for the convenience of the Bidder; the Province can= not ensure the confidentiality or error-free receipt of fax Bids. A Bid= der submitting a Fax Bid does so at its own risk. 2.3.4 &n= bsp; Submit Fax Bids to the Procurement Office only; do not send= the Bid to any other fax number unless specifically directed to do so.= 2.3.5 &n= bsp; The Bid must be signed by an appropriate authorized official of the firm submitting the Bid. 2.4.1 &n= bsp; E-bids, or Bids submitted partially in electronic format, are permissible only where the Invitation documents specifically identify that they can be used, and should be submitted in the manner and format specified; Bids not fulfilling these requirements may be rejected without further considerati= on. 2.4.2 &n= bsp; The Province cannot ensure the confidentiality or error-free receipt of electronically-submitted Bids or Bid components, and cannot guarantee that the Internet connections or website will be available at all times up to the closing time for Bid submission.&nbs= p; A Bidder submitting an Electronic Bid does so at its own risk. 2.4.3 &n= bsp; Complete instructions for submitting e-bids are available online with any e-bid Invitation opportunity. 2.4.4 &n= bsp; Invitations that permit e-bids may require that all submissions be made in electronic format, or they may allow a combination of electronic and writ= ten responses; the conditions and permissible forms will be stated in the Invitation documents. 2.4.5 &n= bsp; All e-bids are subject to verification by the Procurement Office to ensure that the Bid is a bona fide offer submitted by the person or compa= ny named in the Bid. 2.4.6 &n= bsp; Click on the links below to view further specific information about submitting Electronic Bids for each Province. A new window will ope= n in the browser to allow Bidders to view this information. Close the new window when ready to return to this document.
3. Obtaining Documents3.1 &nbs= p; Bids should be submitted on the official Invitation forms as issued throu= gh the Procurement Office; failure to use the correct forms could result in = the Bid being rejected. 3.2 &nbs= p; Click on the links below to view specific information about obtaining Invitation Forms for each Province. A new window will open in the browser to allow Bidders to view this information. Close the new wi= ndow when ready to return to this document.
3.3 &nbs= p; Only use copies of Invitation forms received from the official sources/agencies listed in section 3.2; improperly obtained forms could result in the Bid being rejected. 3.4 &nbs= p; It is the Bidder's responsibility to obtain Invitation documents at their co= st. 3.5 &nbs= p; Bidders must not alter any portion of the Invitation or associated docume= nts, with the exception of adding the information requested by the Invitation. Bids containing clauses additional to the Invitation th= at are "qualified" or "conditional" may be rejected. 3.6 &nbs= p; The Invitation, or any supplementary document or portion thereof is proprieta= ry information, and must not be used by the Bidder for any purpose other than the submission of Bids without the permission of the Procurement Office.<= /span> 4. Vendor Registration4.1 &nbs=
p;
Click on the links below to view specific information regarding Bidder
Registration and/or Corporate Registration requirements for each
Province. Bidder Registration deals with processes required for Bid=
ders
to receive Invitations and/or submit Bids. Corporate Registration d=
eals
with the requirements for doing business in the
5. Liability for Costs5.1 &nbs= p; Bidders are responsible for their own expenses in preparing, delivering or presenting a Bid and for subsequent negotiations with the Province, if any. The Province will not defray any costs incurred by a Bidder in responding to an Invitation. 5.2 &nbs= p; The Province will not be responsible for any costs, expenses, losses, damages= or liability incurred by the Bidder as a result of, or arising out of, the submission of any Bid, or due to the Province not accepting or rejecting = any Bid. 6. Alternative= Bids; Altering Bids Already Submitted6.1 &nbs= p; Alternative Bids are multiple replies to an Invitation, all or any of whi= ch are open for consideration. If Alternative Bids are being made, each alternative should be submitted as a complete, separate and independent B= id, and the Bid form, e-bid or fax must be identified with words such as "Alternative A", "Alternative B", etc. 6.2 &nbs= p; Multiple Bids submitted by the same Bidder and not clearly identified as = Bid revisions will be assumed to be Alternative Bids. 6.3 &nbs= p; Bids already submitted may be amended prior to closing a) by submitting an amendment identifying the plus or minus variance to the original Bid, or = b) by sending in a complete new Bid, clearly indicating it replaces the previously submitted Bid. Any such revision must clearly identify t= he Invitation number and closing date of the Bid being submitted. A Bid revision replaces any other Bid revisions previously submitted by the Bid= der; only the last of any Bid revisions received will be accepted. 6.4 &nbs= p; Any Bid submitted in response to an Invitation may be withdrawn by written request to the Procurement Office, but cannot be withdrawn, altered or changed in any way after the Invitation closing date and time. 6.5 &nbs= p; All requests for withdrawal, amendment or submission of a replacement Bid mus= t be submitted in writing on company letterhead or equivalent, and be signed b= y an authorized official of the Bidder. 7. Supporting Documents7.1 &nbs= p; A brief supplementary statement may be included with the response to an ite= m to give the evaluators a clear understanding of the products/ personnel prop= osed and their ability to perform the specified tasks. 7.2 &nbs= p; In addition to the responses requested in the Invitation, Bidders may include specifications on some or all proposed items for evaluation purposes. 7.3 &nbs= p; Supporting documents should be suitably cross-referenced to the Invitatio= n. 8. Unit Prices= and Extensions; Taxes excluded; Currency; Shipping costs8.1 &nbs= p; All prices should be extended and totaled. The extended price is derived by multiplying the unit price by the quantity of units required. 8.2 &nbs= p; In the event of an error in calculation of the extended price, the unit price will be taken as correct and will govern in the Bid evaluation and contra= ct administration. 8.3 &nbs= p; Do not include any Provincial or Federal sales taxes in the price. 8.4 &nbs= p; All prices should be quoted in Canadian dollars unless other currencies are specifically requested. 8.5 &nbs=
p;
Shipping, cartage, loading, insurance and handling charges must be includ=
ed
in the total price. If these charges have not been stated specifica=
lly,
it will be assumed that they have been included in the Bid price, i.e. 8.6 &nbs= p; Unless stated otherwise in the Invitation, a firm, all-inclusive price is required, i.e. hourly rates or "Time and Materials" are not acceptable responses. 9. Duration of Bid/Award Prices9.1 &nbs= p; If the Bid is accepted, prices must remain firm for the duration of the cont= ract unless otherwise specified. 9.2 &nbs= p; Unless stated otherwise in the Invitation, Bids must remain open to acceptance and are irrevocable for a period of 90 days after the Invitati= on closing date. 10. Payment Terms and Discounts10.1 &nb= sp; Click on the links below to view specific information about Payment Terms= and Discounts for each Province. A new window will open in the browser = to allow Bidders to view this information. Close the new window when r= eady to return to this document.
11. Delivery11.1 &nb= sp; Where the Invitation includes a mandatory delivery schedule, the Province will assume that the Bidder can meet the requested schedule and is satisf= ied that the goods or services required will be available for delivery on the requested date(s). 11.2 &nb= sp; If Bidders wish to specify a delivery schedule different from that requested= in the Invitation, they must provide specific delivery dates or a schedule in calendar days from the date a Purchase Order is issued. Bids that do not meet the delivery schedule as requested in the Invitation may be rejected. 11.3 &nb= sp; Time is of the essence, and Bidder's delivery schedule is legally binding. The Province reserves the right to assess penalties or can= cel awards to Bidders who fail to meet their stated delivery or completion da= tes. 12. Quality / Complete Product12.1 &nb= sp; Unless otherwise stated in the Invitation, all material included in the B= id must be new, first quality goods; used, refurbished, second, obsolete, discontinued or demonstrator items must only be proposed if the Invitation specifically requests or otherwise states that such goods will be allowed. 12.2 &nb= sp; By submitting a Bid, Bidder guarantees that, unless the Invitation specifies otherwise, all components required to make the required equipment or syst= em operable or to deliver the required services have been included in the Bi= d, or will be provided at no additional charge to the Province. 12.3 &nb= sp; Where applicable, the end user must be provided with complete operation manuals, warranty registration forms, user licenses/ authentications and/= or other associated documentation normally provided by the manufacturer, reseller, installer and/or consultant. 13. Substituti= ons and Equivalents, Discontinued Items13.1 &nb= sp; The specifications in the Invitation define the minimum acceptable goods and/or services required. Minor deviations from the specifications = may or may not be permitted at the sole discretion of the Procurement Office.= 13.2 &nb= sp; The Invitation may specify items by brand name and/or model number to designate the design, type of construction, quality, functional capability and/or performance level of the product requested. 13.3 &nb= sp; If an item has been discontinued during the Invitation process, or is otherw= ise unavailable, the Procurement Office will cancel the Invitation, or will issue an Addendum to update the specification. Bidders should notify the Procurement Office immedia= tely when they become aware of any discontinuation of specified items.<= /p> 13.4 &nb= sp; If Bidders feel that they can provide items with equivalent or better functionality at the same or lower cost, they may be able to offer a substitute item. Substitutions offered must be of equal or better quality= and clearly identified, and accompanied by brochures and technical informatio= n to permit evaluation of the item being offered. Substitution items mus= t be identified by manufacturer's stock/part number and other descriptive information to establish equivalency. Substitutions offered without documentation sufficient to determine equivalency may be rejected as non-compliant. 13.5 &nb= sp; The Procurement Office reserves the right to inspect or test any product = bid to determine equivalency, and may require demonstrator or sample items in order to be able to evaluate the items proposed. The Province will = be the sole judge of equivalency. 13.6 &nb= sp; Specifications may, for technical or logistical reasons, require that the items specified be supplied without substitution. 14. Standards and Certification14.1 &nb=
sp;
Where applicable, all equipment must be certified by the appropriate
regulatory agencies (e.g. Canadian Standards Association, Communications
Canada, Transport 15. Addenda, Corrections or Extensions of the Invitation15.1 &nb= sp; The Procurement Office reserves the right to modify the terms of the Invitation at any time prior to closing, at its sole discretion. 15.2 &nb= sp; The Procurement Office will make information available to the public regarding any changes made to the Invitation, or any change in the closing date or time. Bidders are responsible for ensuring that they are aw= are of and have complied with any Addenda. 15.3 Wh= en these changes occur within five business days of the closing date, the closing date may be extended to allow for a suitable Bid preparation time= . 16. Environmental Considerations16.1 &nb= sp; The Province may seek to purchase recycled and/or environmentally sensiti= ve products where practical and effective. 16.2 &nb= sp; Where appropriate, the integration of environmental considerations into Invitations may be noted in the specifications; the specifications will identify these considerations to ensure that suppliers have a full understanding of the conditions to be met. For example, the supply = of goods or services to Provincial parks may be affected by regulations such= as the Canada Wildlife Act that are not normally a consideration in Provinci= al procurements. 17. Warranty17.1 &nb= sp; The Bidder must describe the duration, type (e.g. on-site, depot, ship-in= or carry-in) and terms of the manufacturer's warranty on all goods. 17.2 &nb= sp; If the Bidder provides any additional/ supplementary warranty coverage, desc= ribe this as well. 17.3 &nb= sp; If warranties can be upgraded or extended, identify the upgrade costs separately. Do not include warranty upgrade or extension costs in t= he Bid price unless the Invitation specifically states that the upgrade is a mandatory requirement. 17.4 &nb= sp; If local service is a requirement of the Invitation, describe the means by w= hich this will be accomplished, i.e. by "own forces" or through a contractual arrangement with a third party (which must be identified - se= e Section 19, "Subcontractors and Consortium Bids" ). 18. No Restrictions on Fair Use18.1 &nb= sp; The Bidder warrants that there are no patents, trademarks or other rights restricting the use, repair or replacement of the goods or services furni= shed or any part thereof. The Bidder agrees to indemnify and save harmle= ss the Province from and against all claims filed or prosecuted in any manner because of such use, repair or replacement of the goods or services being= a violation of any patent, trademark, or other right. 19. = Subcontractors and Consortium Bids19.1 &nb= sp; The use of a subcontractor is permitted, and encouraged where this will result in skills and technology transfer to the Province. 19.2 &nb= sp; Names of all Subcontractors and/or Consortium members, and the services t= hey will provide, must be listed on or attached to the Bid, if requested. 19.3 &nb= sp; If a Consortium Bid is being submitted, one of the Bidders must be prepared = to take overall responsibility for successful provision of the goods or services, and this must be defined in the Bid. Failure to do so may result in disqualification of the Bid. 19.4 &nb= sp; "Own Forces" may only be named as Subcontractors when the Bidde= r is equipped to carry out and normally carries out the work noted. 19.5 &nb= sp; If subcontractors (including "own forces") are named, work must be carried out by the named forces and substitution of others will not be allowed without prior approval of the Province. 20. Right to R= eject; Financial Stability; Non-Compliance20.1 &nb= sp; Failure to comply with any of the mandatory terms or conditions contained= or referenced in the Invitation documents may result in the rejection of the Bid. 20.2 &nb= sp; All of the terms, conditions and/or specifications stated or referenced in the Invitation are assumed to be accepted by the Bidder and incorporated = in the Bid. 20.3 &nb= sp; Bidders may be required to demonstrate financial stability, authorization= to provide the goods/services being acquired, and/or regulatory agency appro= val, licensing or registration as needed, or otherwise clarify Bidder's capabi= lity to satisfy the Invitation requirements. The Procurement Office rese= rves the right to reject Bids from any Bidder that it feels is incapable of providing the necessary labour, materials, equipment, financing or manage= ment resources to perform the work or supply the goods in a satisfactory and timely manner. 20.4 &nb= sp; The Province reserves the right to waive minor non-compliance where such non-compliance is not of a material nature in its sole and absolute discretion, or to accept or reject in whole or in part any or all Bids, w= ith or without giving notice. Such minor non-compliance will be deemed substantial compliance and capable of acceptance. The Procurement Office will be the sole judge of whether a Bid is accepted or rejected. 20.5 &nb= sp; The Procurement Office reserves the right to split an award amongst Bidde= rs as deemed in the best interests of the Province. 21. Cancellation; No Award21.1 &nb= sp; Issuing an Invitation implies no obligation on the Province to accept any= Bid, or a portion of any Bid submitted. The lowest or any Bid will not necessarily be accepted. 21.2 &nb= sp; Invitations may be cancelled in whole or in part without penalty, when a)= the price Bid exceeds the funds allocated for the purchase; b) there has been= a substantial change in the requirements after the Invitation has been issu= ed; c) information has been received by the Province after the Invitation has been issued that the Province feels has substantially altered the procurement; or d) there was insufficient competition in order to provide= the level of service, quality of goods or pricing required. 21.3 &nb= sp; If no compliant Bids are received in response to an Invitation, the Province reserves the right to enter into negotiations with one or more vendors in= order to complete the procurement. 21.4 &nb= sp; The Province will be the sole judge of whether there is sufficient justification to cancel any Invitation. 21.5 &nb= sp; No action or liability will lie or reside against the Province in its exerci= se of its rights under this section. 22. Governing = Laws and Trade Agreements - Local Preference22.1 &nb= sp; Unless the Invitation documents specifically state otherwise, the Invitat= ion, all Bids, and any subsequent contracts will be construed and interpreted = in accordance with the laws of the Province in which the Invitation was issu= ed. 22.2 &nb= sp; Invitations subject to the Atlantic Procurement Agreement, the Agreement = on Internal Trade, or any other inter-provincial agreement, will be specific= ally identified as such in the public notice and/or the Invitation documents.<= /span> 22.3 &nb= sp; Copies of any applicable trade or procurement agreements and/or legislati= on can be obtained by contacting the Procurement Office. 22.4 &nb= sp; Bidders agree to comply with all applicable laws, regulations and standar= ds, including all labour, occupational health & safety, and worker compensation requirements of the Province. 22.5 &nb= sp; The Procurement Office may consider and evaluate any Bids from other jurisdictions on the same basis that the purchasing authorities in those jurisdictions would treat a similar Bid from a supplier located in this Province. The Province will be the sole judge of whether these conditions will be used and the extent to which they will be applied. 22.6 Ve= ndors registered to do business in any Atlantic Province can bid on Invitations issued by any other Atlantic Province without having to satisfy any local registration or residency requirements. 22.7 &nb= sp; Local Preference - Click on the links below to view specific information regarding local supplier preference provisions for each Province. A= new window will open in the browser to allow Bidders to view this information. Close the new window when ready to return to this docu= ment.
22.8 &nb= sp; Under Canadian law (and international agreements), your Bid must be arriv= ed at separately and independently, without conspiracy, collusion or fraud; = see http://www.competitionbureau.gc.ca/internet/index.cfm?i= temid=3D1243&lg=3Defor further information. 23. Confidenti= ality and Freedom of Information
23.1 &nb= sp; All Bids submitted become the property of the Province. By submitting a B= id, the Bidder hereby grants the Province a license to distribute, copy, prin= t or translate the Bid for the purposes of the Invitation. Any attempt to limit the Province’s right in this area may result in rejection of the Bid. 23.2 &nb= sp; Bidder's Bid package may be subject to disclosure under the Province's "freedom of information" legislation. By submitting a Bid, the Bidder agrees to the appropriate disclosure of the information suppli= ed, subject to the provisions of the governing law. The Province cannot guarantee the confidentiality of the complete content of any Bid after the procurement has been awarded to the successful Bidder. 23.3 &nb= sp; During the delivery and installation of goods and/or services, the Bidder= or Bidder's staff may have access to confidential information belonging to t= he Province. Should this occur, the Bidder must ensure that such information= is not released to any third parties or unauthorized individuals; failure to= comply may result in criminal or civil charges and/or the Bidder's disqualificat= ion from any further Invitations issued by the Province. 24. Bidders Located Outside =
24.1 &nb= sp; If a Bid is given in currency other than Canadian dollars, the Bidder assume= s the risk of variations in international exchange rates, and Bidder's prices m= ust include all associated costs and overheads connected with foreign currency transactions. 24.2 &nb= sp; The bidder must arrange for clearance of goods through the Canada Border Services Agency, along with all brokerage fees and payment of applicable Canadian taxes and duties. For information pertaining to the Canada Border Services Agency please visit http://www.cbsa-asfc.gc.ca/ . 24.3 &nb=
sp;
The Bidder must arrange all visas, insurance, work permits, passports, et=
c.
for personnel required to visit 24.4 &nb=
sp;
All warranties on goods must be valid in 24.5 &nb= sp; There must be no conflict with authorized Canadian distributors of the go= ods and/or services being Bid. 24.6 &nb= sp; All goods must be compliant with Canadian operating environments (e.g. co= mmon domestic electricity is 60Hz 115v 1 phase) and, where applicable, must be certified by the appropriate Canadian regulatory agencies (reference para. 14.1) . 24.7 &nb= sp; Professional personnel (medical staff, engineers, architects, lawyers, accountants, etc.) must be registered with the appropriate Canadian professional and/or regulatory authorities, or must be eligible to regist= er with such authorities if accepted for the work being tendered. 24.8 &nb= sp; Where any of the requirements set out in Paragraphs 24.1 to 24.7 inclusive are not met, the Province reserves the right to reject the Bid, or to req= uire bonds or sureties to ensure compliance. 24.9 &nb= sp; Sale of Goods Act - Bidder's acceptance of any Purchase Order(s) resulting from this Invitation, in writing or by delivery, must include all o= f, and must be limited to, the terms and conditions of the Purchase Order only. Formal objection is hereby made to any additional or different terms a Bidder might propose in acceptance of any Purchase Order(s). 25. Enquiries and Contacts25.1 &nb= sp; In case of any dispute over the completeness, accuracy and/or interpretation= of any Invitation documents, the versions of such documents held by the Procurement Office will be considered correct. 25.2 &nb= sp; Information, offers, commitments or instructio= ns obtained from any source other than the Procurement Office will not be binding on the Province. 25.3 &nb= sp; Enquiries regarding the Invitation must be made to the contact(s) named in the Invitation documents (or their designates); quote the Invitation number on any correspondence. 25.4 &nb= sp; If an envelope was included with the Invitation documents, this envelope must not be used to submit an enquiry; these envelopes are not opened before t= he closing time for receipt of Bids. 25.5 &nb= sp; Enquiries and the responses given may be recorded and may be distributed = to all other Bidders as Addenda. No response shall be binding on the Province unless made in writing. 25.6 &nb= sp; All enquiries regarding the interpretation of these Terms and Conditions, general procurement policy or procedures must be made to the Procurement Office. 26. Accuracy o= f the Invitation; Right to Clarify26.1 &nb= sp; While the Province has tried to ensure accuracy in the Invitation, it is = not guaranteed or warranted by the Province to be accurate, nor is it necessa= rily comprehensive or exhaustive. 26.2 &nb= sp; The Procurement Office will assume that all Bidders have resolved any questions they might have about the Invitation and have informed themselv= es as to existing conditions and limitations, site restrictions, etc. before submitting their Bids. 26.3 &nb= sp; Nothing in the Invitation is intended to relieve Bidders from forming the= ir own opinions and conclusions with respect to the matters addressed in the Invitation or its associated documents. 26.4 &nb= sp; The Province reserves the right in its sole discretion to clarify any Bid after closing by seeking further information from that Bidder, without becoming obligated to clarify or seek further information from any or all other Bidders. However, Bidders are cautioned that any clarifications sou= ght will not be an opportunity either to correct errors or change their Bids = in any substantive manner. 27. Language27.1 &nb= sp; Unless specifically requested otherwise, all Bids, supporting materials, operation manuals and documentation must be in the language(s) as noted here. Click on the links below to view default language requirements for each Province. A new window will open in the browser to allow Bidders to view this information. Close the new window when ready to return to this document.
28. = Eligibility and Conflict of Interest28.1 &nb= sp; A Bid may not be eligible for acceptance if current or past corporate or ot= her interests of the Bidder may, in the Province's opinion, give rise to a conflict of interest in connection with a project. 28.2 &nb= sp; Bidders are cautioned that acceptance of their Bid may preclude them from bidding on subsequent phases where a conflict of interest may arise; Bidd= ers should study the project implementation strategy to determine whether or = not they plan to submit Bids on subsequent phases. 28.3 &nb= sp; If the Bid covers the first phase of what may prove to be a multi-phased project, the successful Bidder on the initial phase may be permitted to b= id on subsequent phases as long as, in the Province's opinion, no conflict of interest would be created in performance of the work by that Bidder. 28.4 &nb= sp; Sub-contracting to any firm or individual whose current or past corporate or other interests may, in the Province's opini= on, give rise to a conflict of interest in connection with this acquisition w= ill not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of the Invitation documents. 28.5 Provincial Requirements: Click on the links below to view further requirements for each Province. A new window will open in the brows= er to allow Bidders to view this information. Close the new window when ready to return to this document.
29. Extension = to the Broader Public Sector29.1 &nb= sp; The Province may choose to allow the Broader Public Sector (see Definitions) to purchase goods or services from some Invitations. the Broader Public Sector are generally permitted to purchase from "Stan= ding Offers", which are long-term contracts resulting from an Invitation. Other Invitations may also be available to the Broader Public Sector; if so, the Invitation documents will state this. 29.2 &nb= sp; By submitting a Bid to a Standing Offer or other identified Invitation, the = Bidder agrees to extend the same pricing to other eligible Broader Public Sector institutions as per the terms and specifications in the Invitation. 30.&n= bsp; Miscellaneous Terms and Conditions
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