New Brunswick
Supplement
to the
Atlantic Provinces
Standard Terms and
Conditions
Effective 2007 April 1 or later
NOTE: In the event of any conflict or disagreement between this Supplement and the Atlantic Provinces Standard Terms and Conditions, this Supplement has precedence and will be assumed to be correct. In the event of any conflict or disagreement between this Supplement and the Invitation documents, the Invitation documents have precedence and will be assumed to be correct.
The following sections are to be added to the Atlantic Provinces Standard Terms and Conditions only for those Invitations issued by the Province of New Brunswick.
2. Methods of Submission
2.4.6.1 In order to e-bid, Vendors must be registered (see section 3. Obtaining Documents) on the New Brunswick Opportunities Network (NBON); must complete the e-Bidding Registration Form; and must accept the e-Bidding Terms and Conditions.
2.4.6.2 E-bids must be submitted through the NBON system only. Submission by e-mail or other electronic means other than fax will not be accepted.
2.4.6.3 If a vendor submits an e-bid and the Invitation documents require that the Bid must be accompanied by original documents such as plans, security deposits, physical samples, etc., these original documents must be received in the Procurement Office prior to the Invitation closing date and time or the bid will be rejected.
3. Obtaining Documents
3.2.1 Invitation documents are available free of charge to registered users from the New Brunswick Opportunity Network (NBON) at www.gnb.ca/3000, select the language of your choice, then click on the NBON logo.
3.2.2 The Province of New Brunswick also uses the following agencies to distribute Invitation Documents:
BIDS - www.bids.ca
MERX - www.merx.com
These Agencies require that Bidders be Registered users and pay a subscription or document fee before they are allowed to obtain the documents necessary to submit a Bid; registration, negotiations and payments must be done through the appropriate Agency.
4. Vendor Registration
4.1.1 Bidder Registration: The Province of New Brunswick maintains a Vendor List for the Procurement of Goods and Services. Vendors may register online, free of charge by completing the electronic registration form accessible from the New Brunswick Opportunity Network (NBON) at www.gnb.ca/3000, select the language of your choice to access the main page, then click on the NBON logo. Vendors must be registered to download official Invitation Documents.
4.1.2 Bidders who prefer to receive Bid Information through BIDS or MERX must be registered with those agencies and pay the associated fees to receive official Invitation Documents.
10. Payment Terms and Discounts
10.1.1 The Province of New Brunswick's payment terms are net 30 days and will be calculated from the date the invoice or goods/services have been received, whichever is later.
10.1.2 Early payment discounts offered that are less than 30 days will not be considered in the evaluation of the Bid.
10.1.3 Discount terms must appear on the Bid, and on the invoice.
10.1.4 All discounts quoted will be considered to be without limitations.
27. Language
27.1.1 All Bids, supporting materials, operation manuals and documentation must be submitted in either French, English or both official languages, except where the Government of New Brunswick explicitly indicates that a language other than English or French can be used.
30. Miscellaneous Terms and Conditions
30.1 If, from the Invitation closing date until completion or termination of a long term contract, the Bidder offers to any government funded body in New Brunswick the same goods or services in similar quantities at a lower price than in the Bid, the price to the Province for these goods or services shall be lowered by the Bidder to this lower price for all goods or services ordered after the offer to the third party.”
30.2 Award of contracts: no contract shall be awarded and no payment shall be made to a Bidder unless authorized by the Minister responsible for the Procurement Office or his delegates. The Minister may make an award to a Bidder conditional on the negotiation and acceptance of a detailed contract between the Province and the Bidder. In such cases, should the detailed contract negotiations not be completed in a reasonable period of time, the Province reserves the right to discontinue negotiations with the Bidder and subsequently enter into negotiations with another Bidder and/or re-tender or cancel the Invitation.
30.3 No right or duty, in whole or in part, of the Bidder under a contract issued may be assigned or delegated without the prior consent of the Procurement Office.