Nova Scotia 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 Nova Scotia.

2    Methods of Submission

2.4    Electronic Bids

2.4.6.1    Access to the e-bid Invitation forms requires a user ID and password, which is available on-line with every e-bid Invitation opportunity. The user ID and password can be re-used indefinitely.  Bidders may modify their Bid at any time prior to the closing date for Bids; to update or edit the document, Bidder will need the original User ID and password that were used to create the document.

2.4.6.2    Any Bid that is in the process of being edited at the time of Bid closing will lose all changes from the current editing session; any Bid documents that close with incomplete information or blank fields are subject to rejection. Bids cannot be edited or updated after the Invitation has closed.  A Bid can be confirmed as received by logging off, leaving the e-bid application, and then logging on again as if beginning an edit session.

2.4.6.3    If the e-bid/application form is left on screen with no update activity, the system will log the session off after twenty minutes; this may not be apparent to the Bidder until the Bid is saved or submitted. An attempted save after the time-out will display a system prompt indicating the time-out error and the steps necessary to recover; a new log-on with the same user ID and password will be necessary.

2.4.6.4    Once Invitations have closed, the lowest qualified e-bidders will be asked to confirm their Bid information by means of a signed fax response that confirms the electronic submission. An e-bid cannot be used where original documents are required, e.g. Bid bonds, cheques, samples, etc. or as otherwise stated in the Invitation.  E-bids must be submitted through the Procurement Office website. Submission by e-mail or other means is not possible.

3.    Obtaining Documents

3.2.1    Invitation documents are available directly from the Nova Scotia Procurement Office:

NS Public Tenders Office - www.gov.ns.ca/tenders

3.2.2    There is no charge for most documents obtainable from the Nova Scotia Procurement Office, although some documents may require a fee for plans, etc. per the notice on the website. Where charges are applicable for obtaining Invitation documents, payment may be made by cash, cheque, money order, direct debit, Visa or MasterCard.

3.2.3    Some Invitations may be downloadable directly from the website; some Invitations may be e-bids, which also allow Bid submissions through the website.

3.2.4    Registration is not required to use the website, unless Bidders wish to submit an e-bid; in this case, instructions for registration are shown with the e-bid opportunity.  There is no charge for e-bid registration.

3.2.5    Nova Scotia Invitations may also appear on other agencies such as BIDS or MERX; such listings have been obtained unofficially from the Nova Scotia website, and the Nova Scotia Procurement Office cannot guarantee their accuracy, timeliness or status.  Nova Scotia does not use any Bid agency services.

3.2.6    Downloaded Invitations (i.e. not e-bids) must be signed and faxed or submitted in printed form.

3.2.7    If the Invitation was downloaded from the Internet, check that the entire document was received correctly by matching the printed document to the version read by Adobe Reader; the Adobe Reader should indicate the number of pages, including cover sheet(s).

3.2.8    Verify that the closing date and time on the printed document agree with the Invitation notice information on the web page.

3.2.9    If there are any problems matching the printed documents with the Invitation notice, please contact the Contact Person named on the Invitation form.

3.2.10    If the Invitation was downloaded from the Internet, Bidder must check the web site within 24 hours before submitting the Bid, to ensure that an addendum has not been issued.

3.2.11    Electronic downloading of Invitations is provided as a convenience to Bidders; the Procurement Office cannot be held responsible for failures in the communications or software, or for the completeness of the material obtained by this method.

4.    Vendor Registration

4.1.1 Bidder Registration: There is no requirement for Bidders to register with the Nova Scotia Government to receive Invitation documents or submit Bids.  Bids may also be listed with agencies such as BIDS or MERX, but Nova Scotia has no official relationship with these agencies, and cannot guarantee the completeness of Invitation documents obtained from those sources.  Bidders that prefer to receive Bid information through BIDS or MERX must be registered with those agencies and pay the associated fees to receive Invitation documents.

4.1.2 Corporate Registration: All Bidders must comply with the Nova Scotia Corporations Registration Act or the Partnerships and Business Names Registration Act.  Bidders located outside Nova Scotia (which are not otherwise carrying on business in Nova Scotia) are expected to be registered in an equivalent manner in their respective jurisdictions.  Verification of registration and good standing may be required before an award is made to a successful Bidder.

4.1.3    All Bidders must maintain their tax status in good standing.  Verification of tax status with the Department of Finance and/or Canada Customs and Revenue Agency (GST/HST) may be required before an award is made to a successful Bidder.

10.    Payment Terms and Discounts 

10.1.1    If special payment terms or schedules are required, these must be specified in the Bid; otherwise, the Province's payment terms (net 30 days) will apply.  

10.1.2    Early payment discount terms (minimum period 10 days) may be considered in the evaluation of a Bid.

10.1.3    Payment of term discount invoices will be calculated from the date the invoice or goods/services have been received, whichever is later.

10.1.4    Discount terms must appear on the Bid, and on the invoice.

23.    Confidentiality and Freedom of Information

The Province of Nova Scotia is required to comply with the Personal Information International Disclosure Protection Act (S.N.S 2006, c.3). This Act creates obligations for the Province of Nova Scotia and its service providers when personal information is collected, used or disclosed. Requirements include limiting storage, access and disclosure of personal information to Canada, except as necessary or otherwise required by law. For more information on this Act please click here. (http://www.gov.ns.ca/just/IAP/governing_law.asp)

27.    Language

27.1.1    Unless specifically requested otherwise, all Bids, supporting materials, operation manuals and documentation must be in English, or both English and French.

28.    Eligibility and Conflict of Interest 

28.5.1    The Government of Nova Scotia's "Code of Conduct for Civil Servants" places restrictions on the involvement of present and past government employees in procurements issued by the Government of Nova Scotia.  Bids are subject to this Code, and this may result in a Bid being disqualified.  A copy of the Code is available at: http://www.gov.ns.ca/tpb/manuals/PDF/HRMgmtManual500.pdf (Chapter 9.4)