Atlantic Flags

Atlantic Provinces Standard Terms and Conditions Goods and Services

Effective 2007 April 1 or later

NOTE: These Terms and Conditions and the Supplements for the issuing Province shall apply only to those documents that reference them specifically. In the event of any conflict or disagreement between these Terms and Conditions and the Invitation documents, the Invitation documents have precedence and will 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 form, 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 (CAP) website at http://www.cap-cpma.ca/default.asp?mn=1.62.74 . In the event of any discrepancy or conflict, the Terms and Conditions at the CAP website will be considered the correct version. If you do not have access to these documents on the Internet, contact your closest Procurement Office.

Failure to completely comply with these Terms and Conditions could cause the Bidder's Bid to be disqualified.


Contents

The items listed below are links to the named sections of this document; click on any of them to jump to that section.

Definitions
Provincial Offices
1.   Date, Time and Place of Closing and Opening; Late Bids
2.   Methods of Submission
    2.1    General
    2.2    Paper Bids
    2.3    Fax Bids
    2.4    Electronic Bids
3.    Obtaining Documents
4.    Vendor Registration
5.    Liability for Costs
6.    Alternative Bids; Altering Bids Already Submitted
7.    Supporting Documents
8.    Unit Prices and Extensions; Taxes excluded; Currency; Shipping costs
9.    Duration of Bid/Award Prices
10.    Payment Terms and Discounts
11.    Delivery
12.    Quality / Complete Product
13.    Substitutions and Equivalents, Discontinued Items
14.    Standards and Certification
15.    Addenda, Corrections or Extensions of the Invitation
16.    Environmental Considerations
17.    Warranty
18.    No Restrictions on Fair Use
19.    Subcontractors and Consortium Bids
20.    Right to Reject; Financial Stability; Non-Compliance
21.    Cancellation; No Award
22.    Governing Laws and Trade Agreements - Local Preference
23.    Confidentiality and Freedom of Information
24.    Bidders Located Outside Canada
25.    Enquiries and Contacts
26.    Accuracy of the Invitation; Right to Clarify
27.    Language
28.    Eligibility and Conflict of Interest 
29.    Extension to the Broader Public Sector
30.    Miscellaneous Terms and Conditions


Definitions

Bid: Bidder's written offer to provide 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, Response 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 institutions such as universities and community colleges, School boards and Hospitals).  Includes 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: A Bid submitted electronically 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 given 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.  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 Office: 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 right 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 Offices

The table below gives specific information about the Procurement Office for each Province.  

Prov New Brunswick Newfoundland & Labrador Nova Scotia Prince Edward Island
 

Central Tendering Branch
PO Box 8000
Room 205, 20 McGloin St.
Marysville Place
Fredericton, NB  E3B 5H6


Phone 506-453-2245
Fax 506-444-4200


Atlantic time, 1 hour ahead of Eastern time (10:00 am Eastern time is 11:00 am in New Brunswick)

Government Purchasing Agency
30 Strawberrymarsh Road
St. John's, NL   A1B 4R4


Phone 709-729-3348
Fax 709-729-5817


Newfoundland time, 1˝ hours ahead of Eastern time

Public Tenders Office
PO Box 787
Suite 200
6176 Young St.
Halifax, NS   B3J 2V2


Phone 902-424-3333
Fax 902-424-0622
e-mail ptenders@gov.ns.ca


Atlantic time, 1 hour ahead of Eastern time (10:00 am Eastern time is 11:00 am in Nova Scotia)

Procurement Services
PO Box 2000
Room 27, 2nd Floor Shaw
105 Rochford St.
Charlottetown, PE 
C1A 7N8


Phone 902-368-4040
Fax 902-368-5171


Atlantic time, 1 hour ahead of Eastern time (10:00 am Eastern time is 11:00 am in Prince Edward Island)

1.    Date, Time and Place of Closing and Opening; Late Bids

1.1    Invitations will close at the time, date and location specified in the Invitation documents.

1.2    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 on time and at the location specified.

1.3    All times are local times; note the time difference between Bidder's location and the Procurement Office (see Procurement Office table).  

1.4    Bids received late, or not received completely by the closing time will not be considered; the Procurement Office time clock will be assumed to be correct in the event of dispute.  

1.5    All Bids must be sent to the Procurement Office (as identified in the Invitation documents), and will be opened there, in accordance with that Procurement Office's rules for opening Bids.

1.6    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 Bid opening can be attended by the public.

2.    Methods of Submission

   2.1    General

2.1.1    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 subject to rejection.

2.1.2    All questions or areas on the Invitation form must be answered, even if it is only to indicate that the referenced item is not available; blank items will be assumed to be unavailable, and may result in rejection of Bidder's Bid. 

2.1.3    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    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    Paper Bids

2.2.1    Bids must be enclosed in a sealed, opaque envelope or package. 

2.2.2    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    The Bid must be signed by an appropriate authorized official of the firm submitting the Bid.

   2.3    Fax Bids

2.3.1    A Bid may be submitted by facsimile (fax) unless the Invitation documents state that fax Bids are not acceptable. 

2.3.2    Fax Bids may not be acceptable where the Bid must be accompanied by original documents, plans, deposits, or physical samples.

2.3.3    Fax Bids are accepted for the convenience of the Bidder; the Province cannot ensure the confidentiality or error-free receipt of fax Bids.  A Bidder submitting a Fax Bid does so at its own risk. 

2.3.4    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    The Bid must be signed by an appropriate authorized official of the firm submitting the Bid.

   2.4    Electronic Bids

2.4.1    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 consideration.  

2.4.2    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.  A Bidder submitting an Electronic Bid does so at its own risk.

2.4.3    Complete instructions for submitting e-bids are available online with any e-bid Invitation opportunity.

2.4.4    Invitations that permit e-bids may require that all submissions be made in electronic format, or they may allow a combination of electronic and written responses; the conditions and permissible forms will be stated in the Invitation documents. 

2.4.5    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 company named in the Bid. 

2.4.6    Click on the links below to view further specific information about submitting Electronic Bids 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.

Prov

New Brunswick

Newfoundland & Labrador

Nova Scotia

Prince Edward Island

Link

See NB Supplement

Not Applicable

See NS Supplement

Not Applicable

3.    Obtaining Documents

3.1     Bids should be submitted on the official Invitation forms as issued through the Procurement Office; failure to use the correct forms could result in the Bid being rejected.

3.2    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 window when ready to return to this document.

Prov

New Brunswick

Newfoundland & Labrador

Nova Scotia

Prince Edward Island

Link

See NB Supplement

See NL Supplement

See NS Supplement

See PE Supplement

3.3    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    It is the Bidder's responsibility to obtain Invitation documents at their cost.

3.5    Bidders must not alter any portion of the Invitation or associated documents, with the exception of adding the information requested by the Invitation.  Bids containing clauses additional to the Invitation that are "qualified" or "conditional" may be rejected.

3.6    The Invitation, or any supplementary document or portion thereof is proprietary 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.

4.    Vendor Registration

4.1    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 Bidders to receive Invitations and/or submit Bids.  Corporate Registration deals with the requirements for doing business in the Atlantic Provinces, including receiving awards.  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.

Prov

New Brunswick

Newfoundland & Labrador

Nova Scotia

Prince Edward Island

Link

See NB Supplement

See NL Supplement

See NS Supplement

See PE Supplement

5.    Liability for Costs

5.1    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    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 Submitted

6.1    Alternative Bids are multiple replies to an Invitation, all or any of which are open for consideration.  If Alternative Bids are being made, each alternative should be submitted as a complete, separate and independent Bid, and the Bid form, e-bid or fax must be identified with words such as "Alternative A", "Alternative B", etc.

6.2    Multiple Bids submitted by the same Bidder and not clearly identified as Bid revisions will be assumed to be Alternative Bids.

6.3    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 the Invitation number and closing date of the Bid being submitted.  A Bid revision replaces any other Bid revisions previously submitted by the Bidder; only the last of any Bid revisions received will be accepted.

6.4    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    All requests for withdrawal, amendment or submission of a replacement Bid must be submitted in writing on company letterhead or equivalent, and be signed by an authorized official of the Bidder.

7.    Supporting Documents

7.1    A brief supplementary statement may be included with the response to an item to give the evaluators a clear understanding of the products/ personnel proposed and their ability to perform the specified tasks.

7.2    In addition to the responses requested in the Invitation, Bidders may include specifications on some or all proposed items for evaluation purposes.

7.3    Supporting documents should be suitably cross-referenced to the Invitation.

8.    Unit Prices and Extensions; Taxes excluded; Currency; Shipping costs

8.1    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    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 contract administration.

8.3    Do not include any Provincial or Federal sales taxes in the price.

8.4    All prices should be quoted in Canadian dollars unless other currencies are specifically requested.

8.5    Shipping, cartage, loading, insurance and handling charges must be included in the total price.  If these charges have not been stated specifically, it will be assumed that they have been included in the Bid price, i.e. FOB to the destination(s) listed in the Invitation. The Province will not assume responsibility for any goods or services until they have been delivered to the destination(s) specified in the Invitation.

8.6    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 Prices

9.1    If the Bid is accepted, prices must remain firm for the duration of the contract unless otherwise specified.

9.2    Unless stated otherwise in the Invitation, Bids must remain open to acceptance and are irrevocable for a period of 90 days after the Invitation closing date.  

10.    Payment Terms and Discounts 

10.1    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 ready to return to this document.

Prov

New Brunswick

Newfoundland & Labrador

Nova Scotia

Prince Edward Island

Link

See NB Supplement

See NL Supplement

See NS Supplement

See PE Supplement

11.    Delivery

11.1    Where the Invitation includes a mandatory delivery schedule, the Province will assume that the Bidder can meet the requested schedule and is satisfied that the goods or services required will be available for delivery on the requested date(s).

11.2    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    Time is of the essence, and Bidder's delivery schedule is legally binding.  The Province reserves the right to assess penalties or cancel awards to Bidders who fail to meet their stated delivery or completion dates.

12.    Quality / Complete Product

12.1    Unless otherwise stated in the Invitation, all material included in the Bid 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    By submitting a Bid, Bidder guarantees that, unless the Invitation specifies otherwise, all components required to make the required equipment or system operable or to deliver the required services have been included in the Bid, or will be provided at no additional charge to the Province.

12.3    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.    Substitutions and Equivalents, Discontinued Items

13.1    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    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    If an item has been discontinued during the Invitation process, or is otherwise unavailable,  the Procurement Office will cancel the Invitation, or will issue an Addendum to update the specification.  Bidders should notify the Procurement Office immediately when they become aware of any discontinuation of specified items.

13.4    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 information to permit evaluation of the item being offered.  Substitution items must 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    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    Specifications may, for technical or logistical reasons, require that the items specified be supplied without substitution.

14.    Standards and Certification

14.1    Where applicable, all equipment must be certified by the appropriate regulatory agencies (e.g. Canadian Standards Association, Communications Canada, Transport Canada, Canadian Gas Association, Health Canada, etc.), and/or must be approved by the appropriate Provincial agency (e.g. Office of the Fire Marshal).

15.    Addenda, Corrections or Extensions of the Invitation

15.1    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    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 aware of and have complied with any Addenda.

15.3   When 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 Considerations

16.1    The Province may seek to purchase recycled and/or environmentally sensitive products where practical and effective.

16.2    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 Provincial procurements.

17.    Warranty  

17.1    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    If the Bidder provides any additional/ supplementary warranty coverage, describe this as well.

17.3    If warranties can be upgraded or extended, identify the upgrade costs separately.  Do not include warranty upgrade or extension costs in the Bid price unless the Invitation specifically states that the upgrade is a mandatory requirement.

17.4    If local service is a requirement of the Invitation, describe the means by which this will be accomplished, i.e. by "own forces" or through a contractual arrangement with a third party (which must be identified - see Section 19, "Subcontractors and Consortium Bids" ).

18.    No Restrictions on Fair Use

18.1    The Bidder warrants that there are no patents, trademarks or other rights restricting the use, repair or replacement of the goods or services furnished or any part thereof.  The Bidder agrees to indemnify and save harmless 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 Bids

19.1    The use of a subcontractor is permitted, and encouraged where this will result in skills and technology transfer to the Province.

19.2    Names of all Subcontractors and/or Consortium members, and the services they will provide, must be listed on or attached to the Bid, if requested.

19.3    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    "Own Forces" may only be named as Subcontractors when the Bidder is equipped to carry out and normally carries out the work noted.

19.5    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 Reject; Financial Stability; Non-Compliance 

20.1     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    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    Bidders may be required to demonstrate financial stability, authorization to provide the goods/services being acquired, and/or regulatory agency approval, licensing or registration as needed, or otherwise clarify Bidder's capability to satisfy the Invitation requirements.  The Procurement Office reserves the right to reject Bids from any Bidder that it feels is incapable of providing the necessary labour, materials, equipment, financing or management resources to perform the work or supply the goods in a satisfactory and timely manner.  

20.4    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, with 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    The Procurement Office reserves the right to split an award amongst Bidders as deemed in the best interests of the Province.

21.    Cancellation; No Award

21.1    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    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 issued; 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    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    The Province will be the sole judge of whether there is sufficient justification to cancel any Invitation.

21.5    No action or liability will lie or reside against the Province in its exercise of its rights under this section.

22.    Governing Laws and Trade Agreements - Local Preference

22.1    Unless the Invitation documents specifically state otherwise, the Invitation, all Bids, and any subsequent contracts will be construed and interpreted in accordance with the laws of the Province in which the Invitation was issued.

22.2    Invitations subject to the Atlantic Procurement Agreement, the Agreement on Internal Trade, or any other inter-provincial agreement, will be specifically identified as such in the public notice and/or the Invitation documents.

22.3    Copies of any applicable trade or procurement agreements and/or legislation can be obtained by contacting the Procurement Office.

22.4    Bidders agree to comply with all applicable laws, regulations and standards, including all labour, occupational health & safety, and worker compensation requirements of the Province.

22.5    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   Vendors 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    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 document.

Prov

New Brunswick

Newfoundland & Labrador

Nova Scotia

Prince Edward Island

Link

Not Applicable

Not Applicable

Not Applicable

See PE Supplement

22.8    Under Canadian law (and international agreements), your Bid must be arrived at separately and independently, without conspiracy, collusion or fraud; see http://www.competitionbureau.gc.ca/internet/index.cfm?itemid=1243&lg=efor further information.

23.    Confidentiality and Freedom of Information

Prov

New Brunswick

Newfoundland & Labrador

Nova Scotia

Prince Edward Island

Link

Not Applicable

Not Applicable

See NS Supplement

Not Applicable

23.1    All Bids submitted become the property of the Province. By submitting a Bid, the Bidder hereby grants the Province a license to distribute, copy, print 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    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 supplied, 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    During the delivery and installation of goods and/or services, the Bidder or Bidder's staff may have access to confidential information belonging to the 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 disqualification from any further Invitations issued by the Province.

24.    Bidders Located Outside Canada

24.1    If a Bid is given in currency other than Canadian dollars, the Bidder assumes the risk of variations in international exchange rates, and Bidder's prices must include all associated costs and overheads connected with foreign currency transactions.

24.2    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    The Bidder must arrange all visas, insurance, work permits, passports, etc. for personnel required to visit Canada in association with the Bid.

24.4    All warranties on goods must be valid in Canada.  To the extent that facilities are available, warranty service should be provided in Canada.

24.5    There must be no conflict with authorized Canadian distributors of the goods and/or services being Bid.

24.6    All goods must be compliant with Canadian operating environments (e.g. common 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    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 register with such authorities if accepted for the work being tendered.

24.8    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 require bonds or sureties to ensure compliance.

24.9    Sale of Goods Act - Bidder's acceptance of any Purchase Order(s) resulting from this Invitation, in writing or by delivery,  must include all of, 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 Contacts

25.1    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    Information, offers, commitments or instructions obtained from any source other than the Procurement Office will not be binding on the Province.

25.3    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    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 the closing time for receipt of Bids.  

25.5    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    All enquiries regarding the interpretation of these Terms and Conditions, general procurement policy or procedures must be made to the Procurement Office.

26.    Accuracy of the Invitation; Right to Clarify

26.1    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 necessarily comprehensive or exhaustive.

26.2    The Procurement Office will assume that all Bidders have resolved any questions they might have about the Invitation and have informed themselves as to existing conditions and limitations, site restrictions, etc. before submitting their Bids.

26.3    Nothing in the Invitation is intended to relieve Bidders from forming their own opinions and conclusions with respect to the matters addressed in the Invitation or its associated documents.

26.4    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 sought will not be an opportunity either to correct errors or change their Bids in any substantive manner.

27.    Language

27.1    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.

Prov New Brunswick Newfoundland & Labrador Nova Scotia Prince Edward Island

Link

See NB Supplement

See NL Supplement

See NS Supplement

See PE Supplement

28.    Eligibility and Conflict of Interest 

28.1    A Bid may not be eligible for acceptance if current or past corporate or other interests of the Bidder may, in the Province's opinion, give rise to a conflict of interest in connection with a project.

28.2    Bidders are cautioned that acceptance of their Bid may preclude them from bidding on subsequent phases where a conflict of interest may arise; Bidders should study the project implementation strategy to determine whether or not they plan to submit Bids on subsequent phases.

28.3    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 bid 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    Sub-contracting to any firm or individual whose current or past corporate or other interests may, in the Province's opinion, give rise to a conflict of interest in connection with this acquisition will 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 browser to allow Bidders to view this information.  Close the new window when ready to return to this document.

Prov New Brunswick Newfoundland & Labrador Nova Scotia Prince Edward Island

Link

Not Applicable

Not Applicable

See NS Supplement

Not Applicable

29.    Extension to the Broader Public Sector

29.1    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 "Standing 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    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.    Miscellaneous Terms and Conditions

Prov New Brunswick Newfoundland & Labrador Nova Scotia Prince Edward Island

Link

See NB Supplement

Not Applicable

Not Applicable

Not Applicable