Introduction

Introduction		Glossary of Terms
Procurement Process		Procurement Agreements
Vendor Registration		Approved Electronic Tendering Systems
N.B. Open Procurement Policy		Standard Terms and Conditions

INTRODUCTION

Under the conditions of the Public Purchasing Act and Regulations, the Minister of Supply and Services through the Central Purchasing Branch is responsible for the procurement of equipment, materials, supplies and services for all government departments. The Act and Regulations are consistent with the terms and conditions of the applicable procurement agreements. (Copies of the Public Purchasing Act and its Regulations may be purchased from the Queen’s Printer, Room 115, Centennial Building, P.O. Box 6000, Fredericton, N.B. E3B 5H1, Tel. (506) 453-2520.)

The Province of New Brunswick through the Central Purchasing Branch buys in the vicinity of $350 million worth of goods and services each year.

This site will serve as a guide for anyone wishing to do business with Central Purchasing.

Qualifying Tenders
Evaluation of Tenders
Tender Information
Awarding a Purchase Order
Delivery of Goods
Inspection
Payment
Vendor Performance

The policy of Central Purchasing is to obtain written competitive tenders for goods and services according to rules established under the Public Purchasing Act and Regulations. Purchases are then made on the basis of the lowest over-all total price (or highest score for RFP’s) obtained by the competition. Other than for exceptions as allowed by the legislation, commodities are purchased using the following procedures:

Tendering of Goods

Up to $1,500 (not including tax and shipping)

Government departments have the ability to purchase goods valued at $1,500 or less, directly from a vendor using a Local Purchase Order (L.P.O.) or other means authorized by the Minister and the Comptroller. L.P.O.s are used to purchase goods that are not available under a previously awarded contract or from the department’s Central Stores Warehouse.

$1,501 - $4,999

Central Purchasing may solicit price quotations from registered vendors by telephone, facsimile or in writing. Contracts are awarded based on these quotations. In certain cases formal tenders (invited or advertised) may be issued for these goods.

$5,000 - $24,999

Tenders may either be invited from registered vendors or publicly advertised.

$25,000 and up

Tenders will be publicly advertised.

Invited and publicly advertised tenders will be displayed on an electronic tendering system approved by the Minister of Supply and Services.

Tendering of Services

All services valued greater than $10,000 are tendered through Central Purchasing with the exception of specific exemptions allowed by the legislation.

Up to $10,000

Purchased directly by the departments. Departments are not required to tender or solicit competitive quotations but are encouraged to do so.

$10,000 up to $50,000

Tenders may either be invited or publicly advertised.

$50,000 and up

Tenders will be publicly advertised.

Invited and publicly advertised tenders will be displayed on an electronic tendering system approved by the Minister of Supply and Services.

Request for Proposal

Tenders for the purchase of complex services may be issued in the form of a Request for Proposal (RFP). RFPs are used when the tender is evaluated using criteria other than price. The tender document will clearly indicate the criteria to be used and the method by which the tenders will be evaluated, including the relative weight to be assigned to each criterion. All normal tender conditions apply and additional conditions may be imposed in the RFP documents.

Tendering Exemptions

Procurement in emergency or urgent situations or in other circumstances allowed by the legislation may be made by means other than tenders.

Completing the Tender

All tenders (unless otherwise noted in the tender documents) must be submitted on official forms obtained from a source authorized by the Minister. All other submissions will be rejected.

Read each tender carefully keeping in mind that terms and conditions may vary from one tender to another. Legal obligations are contained in both the tender and purchase order. A vendor may contact the Purchasing Officer indicated on the tender should interpretation or further information be required. Vendors are advised that information obtained from any source other than the Central Purchasing Branch should be considered as "unofficial" and may not be correct.

Tenders should be typewritten or legibly printed in ink and must be completed in all respects as indicated on the form provided. Plans, blueprints, drawings, etc., form part of the tender and should be treated as such.

Tenderers must meet the requirements of the specifications indicated in the tender document. Unless otherwise stated the use of brand names is for description only. Substitutions offered must be of equal quality and be clearly identified. The onus is on the supplier to prove that the substitution is of equivalent quality. Tenderers offering substitutions must be prepared to provide samples, data and literature, if required. If the tender document indicates that "no substitutions" will be accepted, any such substitution will be rejected.

Tender forms indicate the date goods or services are required. Tenderers must indicate the number of calendar days after receipt of a purchase order in which the goods will be delivered. By signing the form the vendor agrees to deliver the goods or services by the date required in the tender document.

All tenders are to be F.O.B. destination, freight prepaid. Delivery charges, if any, must be shown on the tender and must be included in the total. If not stated otherwise, goods are to be shipped by the most economical means to meet promised delivery.

The Central Purchasing Branch’s Standard Terms and Conditions apply to all tenders submitted.

Tender Pricing

Net unit prices are to be quoted. Any extra charges must be itemized. Do not show any sales tax. Unless otherwise stated, all tenders must be extended and totaled. Do not quote on a lump sum basis unless specifically requested to do so.

Tenders with firm prices will be given preference over those with conditions and escalation clauses.

The number of days for which the tender is effective, if accepted, should be shown. It is understood that "Prices firm for 30 days" means that if a purchase order is issued within 30 days of the tender closing date, the price tendered will stand.

Once a tender is received and accepted, it is assumed that all costs are included and the vendor will be expected to perform as indicated on the tender.

Submitting the Tender

All documents concerned must be included and the tender must be signed by an authorized official of the firm. All tender submissions must show on the face thereof (including on the tender package, envelope, etc. if applicable), the tender number, closing date and closing time.

Tenders not requiring bid deposits, samples or large plans may be submitted by facsimile, however, the Central Purchasing Branch does not guarantee the confidentiality of tenders submitted in this manner. The Central Purchasing Branch will not assume responsibility for late arrival of facsimile tenders due to equipment failure, busy conditions or any other circumstance.

Regardless of the method of submission, it is the responsibility of the vendor to ensure the tender is legible, properly completed, that the Branch receives the tender and that it is deposited in the tender box at the proper location before the closing date and time indicated on the tender form.

Tenders are to be mailed, faxed or hand delivered to Central Tendering:

Delivery Address: Room 205, Marysville Place, 20 McGloin St., Fredericton, NB, E3A 5T8

Mailing Address: P.O. Box 8000, Fredericton, NB E3B 5H6

Fax Number: (506) 444-4200

Tender Withdrawals or Amendments

Tenders may not be withdrawn after the closing time and date stated in the tender document. Tenders may be withdrawn prior to the closing time and date by issuing a letter or facsimile to the Central Tendering Branch requesting the withdrawal. The request to withdraw must be signed by the person who signed the tender.

Tenders may be amended in the same manner as above, however, Central Tendering must be in receipt of the amendment prior to the date and time of the tender opening. Requests for amendments should show only the revised unit price, or the amount to be added to or subtracted from a lump sum tender.

Tenders withdrawn before the closing date do not prohibit a supplier from submitting another bid on the same tender.

Tender Opening

All tenders for goods estimated in excess of $5,000 and services estimated in excess of $10,000 are publicly opened and anyone with a legitimate interest may attend. Tenders are opened by a tender opening committee and the names of the bidder and total price, if required, will be read where practical.

In the instance of Request For Proposals, only the bidder’s name will be read. No decision for award on any tender shall be made at the tender opening.

Qualifying Tenders

Central Purchasing reserves the right to accept in whole or in part any or all tenders. The following are some of the points considered when qualifying tenders:

For details on Rejection and Refusal of Tenders & Vendor’s Responsibility, see sections 18 & 19 of the Regulation.

Tenders MUST be completed as stated in the instructions and conditions of each, signed, and include all documents and information required.
Tenders received after the closing date and time (Fredericton time) specified on the tender document are not accepted.
Except in extenuating circumstance, only firm tenders will be accepted.
The unit price of each item shall prevail in case of errors in extension.
Tenders with errors, omissions and/or discrepancies may be rejected.
Tenderers must, if requested, supply evidence to the satisfaction of Central Purchasing that the resources are available to fulfill the contract.
Tenders which have been materially altered or erased must have the changes initialed in ink.
Unless otherwise stated in the tender document, the bidder must obtain official tender documents from a tender distribution service authorized by the Minister of Supply and Services in order to submit a bid. Failure to submit the official forms or provide proof the forms were properly obtained will result in rejection of the bid.
Vendors are advised to carefully read all tender documents and abide by all conditions stated on those documents as well as all standard terms and conditions.

A tender rejected at opening time may not receive further consideration by Central Purchasing.

Evaluation of Tenders

In the evaluation of tenders the Central Purchasing Branch may, in addition to the price, consider quality, quantity, delivery and servicing capabilities of the vendor or other criteria relevant to the supplies or services being purchased. For RFP’s where criteria other than price are to be used in the evaluation of proposals, the criteria and the method by which they will be evaluated, including, where relevant, the relative weights to be assigned to each criteria will be clearly indicated in the tender documents.

Tender Information

If the release to vendors of information other than bidder’s names or pricing would jeopardize negotiations leading to a contract or agreement, the Central Purchasing Branch may refuse to release the information until an award has been made.

The Central Purchasing Branch may, on request from a vendor submitting a tender, refuse to release to other vendors or parties information contained in the tender which could reasonably be considered to be proprietary or otherwise adversely affect the commercial interests of the vendor, but shall not withhold pricing information.

Within a reasonable period of time following the award of the contract, the Central Purchasing Branch may, on request from any vendor who has submitted a tender, disclose information pertaining to the successful tender, and the tender submitted by the vendor making the request, such that the vendor may determine the results of the evaluation of the tender relative to that of the successful tender.

Awarding a Purchase Order

Most of the goods and services acquired by the Province are by purchase order. However, specific items are made available under contract.

A contract arrangement is an understanding effected with a supplier to deliver goods or services at specific times, or on an "as and when required " basis, usually for a certain period of time. Contracts may be at a set price or at a mutually agreeable pricing arrangement.

In these instances the departments may order directly from the supplier on a "Release Under Contract ".

In other instances, standing offers may be issued under which Central Purchasing may order goods without having to go to tender for each purchase.

In both the above instances, tenders are advertised before the contracts or standing offers are written.

Standing offers are agreements between the Province and a supplier(s) to deliver specific goods or services over a period of time. In order to control the purchase of these items, purchase orders must be issued for each requirement.

Purchase orders to cover emergency or urgent situations will, in most instances, be awarded by telephone or facsimile, followed by written confirmation.

Alterations or cancellations of purchase orders are the responsibility of Central Purchasing and are issued on a Purchase Order Alteration Form. Amendments or alterations of any nature will not be authorized for payment without prior written approval of Central Purchasing.

Delivery of Goods

Suppliers should ship by the most economical means unless instructed otherwise. Suppliers shall acquaint themselves with local conditions to ensure that this is done.

Unless specifically stated otherwise on a purchase order, all shipments are to be made "F.O.B. Destination", freight prepaid.

Inspection

Inspection of goods is usually performed upon delivery; however, the right is reserved to conduct inspections of the suppliers' plant and/or an examination of quality control.

Special handling of goods is an integral part of a purchase order. Shipping, delivery, and further handling are as important as the supply of goods.

Payment

Payment is made after the specified goods are delivered, in good condition, to the address shown on the purchase order. Invoicing should be handled as per the instructions shown on the purchase order.

Invoice address will vary from one purchase order to another. You are advised to follow the invoicing instructions carefully, as failure to do so may result in payments being delayed.

Vendor Performance

Central Purchasing maintains, and reviews periodically, vendor performance files. Information in the files is supplied by requisitioners, receivers, and of course, Purchasing Officers.

Vendors are evaluated on competitive price, quality of product, after sales service, and replies to invited tenders.

Vendors who show a history of unsatisfactory performance in any of the above areas are subject to being removed from the Vendor's List.

VENDOR REGISTRATION

Vendors wishing to register to do business with Central Purchasing can do so by contacting Vendor Registration at (506) 444-4116 or by writing to Vendor Registrar, Technology and Production Support, Department of Supply and Services, P.O. Box 6000, Fredericton, N.B. E3B 5H1.

Vendors will be sent a Vendor Registration Package which will include a Vendor Registration Form and goods and services category information.

Vendors wishing to submit quotes on tenders under $5,000 must be registered with Central Purchasing. These tenders may be called via telephone or fax quotes. Please ensure that Central Purchasing is made aware of any changes in your mailing address, telephone number or fax number.

Vendors may register with the Branch regardless of the location of their offices. There is no charge for registration.

N.B. OPEN PROCUREMENT POLICY

Interprovincial procurement agreements do not allow the Province to use local content or location of the supplier in the evaluation of tenders and do not allow the Province to restrict bids based on the location of the supplier. These rules apply to all procurements exceeding thresholds established by the agreement. Each tender issued will indicate which agreements, if any apply.

For procurements under the agreement thresholds, the Province may give a preference to New Brunswick or Atlantic Province vendors. This preference will be based upon price, New Brunswick or Atlantic Province content and on reciprocal treatment of vendors, that is, New Brunswick will consider how our vendors are treated in other provinces when deciding if a preference will be used. The Department of Supply and Services has the sole responsibility for determining if and when a preference may be used to apply this policy.

GLOSSARY OF TERMS

Advertised Tender

A tender which is publicly advertised on an electronic tendering system approved by the Minister of Supply and Services or in a newspaper.

Bid Documents

Bid documents are the official documents, specifications, forms, etc., which a supplier requires in order to submit a bid.

Central Purchasing Branch (or the Branch)

A branch of the Department of Supply and Services authorized by the Minister to carry out the provisions of the Public Purchasing Act and Regulations on the Minister's behalf.

Central Tendering Branch

A branch of the Department of Supply and Services authorized by the Minister to receive, open and record tender submissions for goods and services.

Electronic Tendering System

Electronic tendering system means a computer based system which displays tender notices and may distribute bid documents.

Exemptions

Exemptions are supplies, services or circumstances that are exempt from the tendering process.

Invited Tender

A tender for which the Central Purchasing Branch invites specific vendors to quote.

LPO

Local Purchase Orders are used by government departments to purchase goods that are not available under a previously awarded contract or from the department's Central Stores Warehouse and can be used for purchases up to $1,500 (not including tax and shipping).

Minister

Minister means the Minister of Supply and Services

Regulation

In this document, "Regulation" shall refer to the New Brunswick Regulation under the Public Purchasing Act.

Request For Proposal (RFP)

A type of tender document used to purchase complex services where criteria other than price will be used to evaluate bids. The RFP will include the evaluation criteria and relative weights assigned to each. Generally the highest scoring proposal wins.

Standard Terms and Conditions

The Standard Terms and Conditions is a list of terms and conditions that are applicable to all tenders submitted.

Tender Notice

Tender notice means a notification that a tender is being issued

PROCUREMENT AGREEMENTS

Atlantic Procurement Agreement

The Atlantic Procurement Agreement covers the purchase of goods with an estimated value of $25,000 and over, and services with an estimated value of $50,000 and over. Tenders over these amounts must be advertised and no preference will be given between competing Atlantic Province vendors.

Quebec-New Brunswick Procurement Agreement

The Quebec-New Brunswick agreement is effective for the purchase of goods estimated at $25,000 or over, and services estimated at $100,000* and over. Tenders over these amounts must be advertised and no preference will be given between competing Quebec or New Brunswick vendors. * Although the Quebec - N.B. Agreements established a $200,000 threshold the lower threshold in the Agreement on Internal Trade takes precedence.

Agreement on Internal Trade

The Agreement on Internal Trade is applicable to the federal government, all Provinces, the Yukon and Northwest Territories. All goods in excess of $25,000 and all services in excess of $100,000 will be publicly advertised. No preference can be shown between competing Canadian vendors.

APPROVED ELECTRONIC TENDERING SYSTEMS

The following are the currently approved electronic tendering services authorized by the Minister of Supply and Services:

To view tender information, you may connect to:

STANDARD TERMS AND CONDITIONS FOR Goods and Services Tenders

Central Purchasing Branch

EFFECTIVE JUNE 25, 2001

NOTE: The following Standard Terms and Conditions apply to all tender invitations for goods and services issued by the Central Purchasing Branch subsequent to the date given above unless otherwise specified in the tender documents. Specific terms and conditions in the tender documents shall take precedence over these terms and conditions. The Central Purchasing Branch will be the sole judge as to whether a bid complies with these terms and conditions and a decision to reject a bid for non-compliance will be final.

1. General

1.1	Headings are used for convenience only, and they shall not affect the meaning or interpretation of the clauses, terms or conditions.
1.2	Words in the singular include the plural and vice versa.
1.3	References to the Purchaser, the Province, The Central Tendering Branch, the Central Purchasing Branch and the Minister mean Her Majesty the Queen in right of the Province of New Brunswick and are used only for administrative purposes.
1.4	"Minister" denotes the Minister of Supply and Services or those persons delegated authority by the
	Minister to act on his/her behalf.
1.5	The word "may" denotes the permissive.
1.6	The words "shall" or "will" denote the imperative.

2. Definitions

2.1	"Bid" means a submission by a vendor in response to a tender or Request for Proposals.
2.2	"Bidder" means a person, firm or organization that submits a bid or proposal in response to a tender invitation.
2.3	"Contract" means all types of agreements; regardless of what they may be called, for the procurement of goods and services.
2.4	"Preference" means an advantage in the solicitation of tenders or advantage for award granted to a bidder by reason of the bidder’s business location or origin of the goods or services being procured.
2.5	"Request for Proposal" means an invitation by the Minister to receive proposals from suppliers that will be evaluated on the basis of other factors in addition to price.
2.6	"Tender" means an invitation by the Minister to receive bids from suppliers that will be evaluated primarily on the basis of price.
2.7	"Tender documents" are those documents issued by the Minister in the tender or Request for Proposals" and include any addenda subsequently issued prior to the tender closing.
2.8	"Tender invitation," means an invitation by the Minister to submit a bid or proposal.

3. Legislation

3.1	This tender is being conducted under the provisions of the Public Purchasing Act and Regulations as of the date of the issuance of the tender. Bidders may obtain a copy of these documents from The Queen’s Printer, Province of N.B., P.O. Box 6000, Fredericton, N.B. E3B 5H1

4. Bid Submission

4.1	Bids must be received no later than the local time and date indicated in the tender documents in Room 205 Marysville Place, Fredericton, N.B. Bidders are responsible for ensuring that their bids are received on time regardless of the method used to submit the bid. The time stamp of the Central Tendering Branch shall be considered as the time of receipt of the bid. Bids submitted after the closing date and time will not be accepted under any circumstances.
4.2	Bids submitted by facsimile will be accepted, except where a bid security, plans or samples must accompany the bid submission. The Province cannot ensure the confidentiality of bids submitted by facsimile and will not be responsible for ensuring that such bids are received and deposited in the tender box prior to the closing time. A bid submitted by facsimile must be fully transmitted prior to the closing time. A vendor submitting a bid by facsimile does so at its own risk.
4.3	Where required by the tender documents, a bid or portion of a bid may be submitted in electronic form as specified in the tender documents.
4.4	Except when submitted electronically or by facsimile, the bid should be in a sealed package with the tender number and closing date clearly visible.
4.5	Unless otherwise specifically stated in the tender invitation, the bidder must obtain official tender documents from a tender distribution service authorized by the Minister of Supply and Services in order to submit a bid. Failure to submit the official forms or provide proof that the forms were properly obtained will result in rejection of the tender.
4.6	An appropriate official of the firm submitting the bid must sign the bid. Unsigned bids will not be accepted.
4.7	Bidders are responsible for ensuring that the bid is legible and complete. Any incomplete or illegible bids will be rejected.
4.8	The name and address of the bidder must appear on the tender form and all information requested in the tender documents must be supplied.
4.9	Bids or proposals submitted by vendors are irrevocable and shall remain open for acceptance by the Central Purchasing Branch for the number of days indicated by the bidder from the time and date specified for the closing of the tender or Request for Proposals. If no such number of days is indicated, the offer will remain open until any subsequent order is issued.
4.10	The bidder acknowledges and agrees that 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 the bid, or due to the Province not accepting or rejecting the bid.

5. Pricing and Delivery

5.1	All prices must be extended and totaled. The unit price shall be the price per unit of sale as stated in the tender documents. The extended price will be established by multiplying the unit price by the quantity and, in the event of an error in calculation of the extended price, the unit price will govern in the bid evaluation and contract administration.
5.2	Unless otherwise stated in the tender documents, a total of all line item prices plus all shipping and handling charges must be included in the space provided on the tender form or the bid will be rejected.
5.3	Unless otherwise stated in the tender documents, all prices are to be net prices and are to include Canadian customs duties and excise taxes.
5.4	Unless otherwise stated in the tender documents, all prices are to be FOB destination and include all delivery charges and the Province will not assume responsibility for the goods or services until they are delivered to the destination specified in the tender documents. Shipping charges, if extra, must be clearly indicated and included in the total bid price.
5.5	Sales taxes (HST, GST, PST, etc.) are not to be included in the unit, extended or total prices.
5.6	All prices will be subject to any increase or decrease in applicable taxes.
5.7	Unless otherwise indicated in the tender documents, all prices must be firm for the duration of the contract.
5.8	Delivery time will be assumed to be the time specified in the tender invitation unless specifically stated to be otherwise in the bid. Time is of the essence and, when specified in the bid, delivery time should be specific and in calendar days from the date a purchase order is issued. Failure to meet promised completion/delivery date may result in cancellation of any resulting order.
5.9	If, from the tender closing date until completion or termination of a long term contract, the vendor offers to any third party 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 then be lowered by the vendor to this lower price for all goods or services ordered after the offer to the third party.

6. Interprovincial Agreements on Public Procurement

6.1

The provisions of the Agreement on Internal Trade, the Atlantic Procurement Agreement and the Quebec-New Brunswick Procurement Agreement will apply as stated in the tender invitation.

6.2

For procurements which are not subject to the provisions of one or more of the interprovincial procurement agreements, the Province of New Brunswick reserves the right to apply Provincial or regional Preferences, consider local content in the evaluation of bids and/or refuse to consider bids from vendors from other jurisdictions when it is considered to be in the best interests of the Province. When determining the use of these conditions, the Province will consider, among other factors, the extent to which New Brunswick vendors have access to equivalent procurement opportunities in those jurisdictions and the treatment accorded by those jurisdictions to bids from New Brunswick vendors. The Province will be the sole judge of whether these conditions will be used and the extent to which they will be applied.

7. Specifications

7.1	The specifications in the tender invitation are the minimum acceptable. Deviations from the specifications that are considered by the Central Purchasing Branch to be of a minor nature may be permitted at the sole discretion of the Central Purchasing Branch.
7.2	Unless otherwise stated in the tender invitation, the use of a specific manufacturer and/or model number in the specifications is intended to establish the design, type of construction, quality, functional capability and/or performance level required. When substitutions are bid, the make, model number, stock number and other descriptive information necessary to establish equivalency must be provided by the bidder. The Province reserves the right to inspect or test any product bid in order to determine equivalency and, if requested, the bidder must make the product available for inspection or testing without delay. The Province will be the sole judge of equivalency. The Province will not accept tenders for alternative products or services, that is, a different material, a different method of work or different approach.
7.3	Unless otherwise stated in the tender invitation, all material must be first quality.
7.4	Items that are used, demonstrators, obsolete, seconds or which have been discontinued are unacceptable unless the tender invitation specifically states otherwise.

8. Acceptance and Rejection of Bids

8.1	The Central Purchasing Branch reserves the right to accept or reject any or all bids and to accept any part of any bid as deemed to be in the best interests of the Province.
8.2	The Central Purchasing Branch reserves the right to waive any technicality in any bid where it is deemed to be in the best interest of the Province.
8.3	The Central Purchasing Branch reserves the right to reject bids from any bidder who, in the reasonable opinion of the Central Purchasing Branch, is deemed incapable of providing the necessary labor, materials, equipment, financing or management resources to perform the work or supply the goods in a satisfactory and timely manner. The decision of the Central Purchasing Branch is final.
8.4	Failure to comply with the Standard Terms and Conditions or any other terms or conditions contained in the tender documents may result in rejection of the bid. The Central Purchasing Branch shall be the sole judge of whether a bid is rejected or accepted and a decision to reject a bid is final.
8.5	Any deviations or exceptions to the terms, conditions or specifications in the tender documents must be described fully. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions and specifications. Any bid that contains qualifications or conditions that are contrary to, or inconsistent with, the tender documents may be rejected at the discretion of the Central Purchasing Branch.
8.6	All bids or proposals submitted become the property of the Province of N.B. and may be distributed for evaluation purposes.

9. Award of Contracts

9.1	No contract shall be awarded and no payment shall be made to a vendor unless authorized by the Minister or his delegates.
9.2	The Minister may make an award to the preferred vendor conditional on the negotiation and acceptance of a detailed contract between the Province and the vendor. 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 vendor and subsequently enter into negotiations with the second preferred vendor.
9.3	No right or duty, in whole or in part, of the vendor under a contract issued may be assigned or delegated without the prior written consent of the Central Purchasing Branch.

10. Cancellation of Tenders

10.1

Tender invitations or resulting contracts may be cancelled in whole or in part and/or a contract may not be awarded, without penalty, when the price bid exceeds the funds allocated for the purchase; there has been a substantial change in the requirements subsequent to the issuing of the tender invitation; or information has been received by the Province subsequent to the issuing of the tender invitation which is deemed to substantially alter the procurement; or there was insufficient competition in order to provide the level of service, quality of goods or pricing required. The Province will be the sole judge of whether there is sufficient justification to cancel the tender under these conditions.

10.2

If no bids are received in response to a tender invitation which are compliant with the terms, conditions and/or specifications, the Province reserves the right to enter into negotiations with one or more vendors in order to complete the procurement.

11. Miscellaneous Terms and Conditions

11.1	The Province is subject to the Right to Information Act and cannot guarantee the confidentiality of the contents of any bid after the final contract is awarded to the successful vendor.
11.2	The Central Purchasing Branch will be the only official source of information regarding this tender and information from any other source shall be considered unofficial and may not be correct. Information, offers or commitments from any other source shall not be binding on the Province.
11.3	All electrical equipment must be CSA, WHPS, CUL or ETL certified. CGA and/or UCL certification is acceptable for electrical equipment used as part of fuel burning appliances and equipment.
11.4	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. By submitting a tender, the bidder indicates that it agrees to indemnify and save harmless the Province from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, filed or prosecuted in any manner by reason of such use, repair or replacement of the goods or services being a violation of any patent, trademark or other right.
11.5	The Province of New Brunswick will seek to purchase recycled and/or environmentally sensitive products where practical and effective.
11.6	The Province of N.B. will allow government funded bodies to purchase goods or services using long term contracts awarded as a result of a tender. By submitting a tender the bidder indicates that it agrees to extend the same pricing to government funded bodies as per the terms and specifications in the document.
11.7	Payment of invoices is the responsibility of the department to whom the goods are shipped or services are supplied.
11.8	All terms and conditions in this document are considered to be incorporated into the tender documents and by submitting a tender the bidder indicates that it agrees to accept these terms and conditions.