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Government of Newfoundland and Labrador

Terms & Conditions for Purchasing
1. Enquiries should be directed to the official whose name is shown in the appropriate box on the tender/quotation form and firms should quote the tender/quotation number on any correspondence.
2. Tender or quotation documents submitted by facsimile must be received “in full” at the Government Purchasing Agency by the specified Closing Time. Documents in transmission after the Closing Time will be considered late tenders or quotations.
3. Make sure your firm’s name, tender number and the closing date appear on the outside of the envelope used for returning your tender/quotation.
4. Acquisitions made as a result of this tender/quotation will be governed by the laws of the Province of Newfoundland and Labrador.
5. The Corporation Act of Newfoundland requires that an extra-provincial company be registered before it begins or carries on business in the Province. If your company is not registered, please apply for the appropriate forms and procedures to: Registry of Deeds and Companies, Department of Government Services and Lands, P.O. Box 8700, St. John’s, NF A1B 4J6.

TENDER / QUOTATION
6. Any tender/quotation may be accepted or rejected in whole or in part. The lowest or any tender/quotation will not necessarily be accepted.
7. Prices include packing, cartage and loading charges, unless otherwise specified.
8. It is understood that a tender/quotation offer will remain open for acceptance by Government for a period of not less than 30 days from the closing date of tender/quotation unless otherwise indicated in the tender/quotation. It is further understood that in comparing tenders/quotations preference will be given to firm prices.
9. Firms must satisfy themselves that the item on which they are bidding is available, or will be available, for delivery on the date they specify on the tender/quotation, as such a quotation is legal and binding.
10. Prices quoted shall be regarded as net.
11. In case of error in the extension of prices, the unit price will govern.
12. If required, the bidder will enter into a formal contract containing such terms and conditions (not inconsistent with the terms and conditions of this document) as may be required. Unless and until such a formal contract is entered into, acceptance of this document and the tender/quotation shall together be the complete and only contract.
13. The firm’s name must appear on the tender and the form must be signed by an authorized official of the company. GPA reserves the right to reject incomplete tenders/quotations.
14. Tenders/Quotations will close at 4 o’clock on the day of closing, and will be opened on the following working day unless otherwise stated.
15. If applicable - items offered for sale, sold or installed in the Province of Newfoundland and Labrador shall be certified by any agency that has been accredited by the Standards Council of Canada.
16. Each item will be considered a separate contract and may be awarded separately, unless otherwise specified in the tender/quotation.
17. Prices quoted are to be exclusive of HST and GST. Effective April 1, 1997, Government will not be exempt from the harmonized sales tax (H.S.T.) or the goods and services tax (G.S.T.). Applicable taxes will be applied at invoicing stage.

STANDING OFFER AGREEMENT
18. STANDING OFFER AGREEMENT - A Standing Offer Agreement is a mutual agreement effected with a supplier to deliver “as and when required” over a specific period of time, goods or services in quantities to be determined at prescribed prices or pricing arrangements. Under this type of agreement the Government is not obligated to take any quantity of any item.
19. Standing Offer Agreements will be issued for items where the unit prices are agreed but the quantities accepted can vary.
20. After a Standing Offer Agreement is accepted by both parties, the Customer Department(s) will issue Purchase Orders to the suppliers for items specified in the Agreement when required.

PURCHASE ORDER AND CONTRACT

21. All bidders are hereby notified that due to the requirements of the Public Tender Act, any Purchase Order or Standing Offer Agreement issued pursuant to this Invitation To Tender or Request For Quotation shall be issued in the name of the successful bidder exactly as the bidder’s personal or corporate name is stated in the tender document. In no circumstances will a Purchase Order or Standing Offer Agreement be issued to an individual or corporation other than the individual or corporation named in the tender document.
22. Transportation should be effected by the most economical means unless otherwise specified.
23. Suppliers shall acquaint themselves fully with regard to the local conditions of deliveries and ensure that delivery is made as expeditiously as possible.
24. Purchase Orders will be issued for items where definite quantities of goods at firm unit prices are shown.

INTERPROVINCIAL PROCUREMENT AGREEMENTS
Acquisitions within the defined thresholds will be subject to the terms and conditions of the Atlantic Procurement Agreement and the Agreement on Internal Trade.