River Valley Health
Standard Terms and Conditions
For Goods and Services TendersEffective 1999 November 1
(Revised 2000 Dec 11; 2002 Aug 19)NOTE: The following Standard
Terms and Conditions apply to all tender invitations for Goods
and Services issued by the Regional Health Authority 3 (River
Valley Health) subsequent to the effective date given above,
unless otherwise specified in the tender documents. Specific
terms and conditions in the tender documents shall take precedence
over the Standard Terms and Conditions. River Valley Health
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.
1.1 Headings are used for convenience only, and they shall
not affect the meaning or the interpretation of the clauses,
terms or conditions.
1.2 Words in the singular include the plural and vice versa.
1.3 References to Purchaser, the Hospital, the Authority and
the Regional Health Authority 3 or River Valley Health mean
the Regional Health Authority 3 (known by the working title
“River valley Health”), a Corporation of the Province
of New Brunswick.
1.4 The word “may” denotes the permissive.
1.5 The words “shall” or “will” denote
2.1 “Bid” means a submission by a vendor in response
to a tender or Request for
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 might 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 Authority 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 Authority
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 Authority in the tender or
Request for Proposals and include any addenda subsequently
issued prior to the
2.8 “Tender invitation” means an invitation by
the Authority to submit a bid or
3.1 This tender is being conducted under the provisions of
the NB 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 NB, PO Box 6000,
Fredericton, NB 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 the Purchasing
Department, Room 2253, Chalmers Regional Hospital, PO Box
9000, 700 Priestman St., Fredericton, NB E3B 5N5 (postal)
E3B 3B7 (courier).
Bids may not be submitted by facsimile.
Bids may be submitted electronically, either wholly or in part, only when specifically identified in the Invitation documents. River Valley Health 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 their own risk. Electronic Bids must be confirmed in written format per the requirements of the Invitation documents.
Except when submitted electronically, the bid should be in a sealed, opaque package with the tender number and closing date clearly visible.
An appropriate official of the firm submitting the bid must sign the bid. Unsigned bids will not be accepted.
Bidders are responsible for ensuring that the bid is legible and complete, and submitted on the appropriate bid form when applicable. Any incomplete or illegible bids will be rejected.
The name and address of the bidder must appear on the tender form and all information requested in the tender documents must be supplied.
Bids or proposals submitted by vendors are irrevocable and shall remain open for acceptance by River Valley Health 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.
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.
River Valley Health 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 Unless otherwise indicated in the tender documents, all
prices must be firm for the duration of the contract.
5.7 Delivery time will be assumed to be within 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 expressed
in calendar days from the date a purchase order is issued.
Failure to meet any promised completion/delivery date may
result in cancellation of any resulting order.
5.8 If, from the tender closing date until the 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 that in the bid, the price to the Authority
for these goods or services shall be lowered by the vendor
to this lower price for all goods and services ordered by
River Valley Health 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 Authority reserves the right to apply provincial or regional
preferences, or to consider local content in the evaluation
of bids, and/or to refuse to consider bids from vendors from
other jurisdictions when it is considered to be in the best
interest of River Valley Health. The Authority will be the
sole judge of whether these conditions will apply and the
extent to which they will be applied.
7.1 The specifications stated in the tender invitation are
the minimum acceptable. Deviations from the specifications
that are considered by the Authority to be of a minor nature
may be permitted at the sole discretion of River Valley Health.
7.2 Unless otherwise stated in the tender invitation, the
use of a specific manufacturer, brand or trade names, and/or
model or catalogue numbers 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 the equivalency must be
provided by the bidder, accompanying the bid. The Authority
reserves the right to inspect or test any product offered
in order to determine equivalency and, if requested, the bidder
must make the product available for inspection or testing
without delay. River Valley Health will be the sole judge
of equivalency. The Authority 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 new and of first quality.
7.4 Items that are used, demonstrators, remanufactured, obsolete,
seconds, or which have been discontinued are unacceptable
unless the tender invitation specifically states otherwise,
and the bid response indicates the status of the goods or
services to be provided.
8. Acceptance and Rejection of Bids
8.1 The Regional Health Authority 3 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 interest of the Authority.
8.2 The Regional Health Authority 3 reserves the right to
waive any technicality in any bid where it is deemed to be
in the best interest of the Authority.
8.3 The Regional Health Authority 3 reserves the right to
reject bids from any bidder who, in the reasonable opinion
of the Authority, is deemed 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. The decision of the Authority 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 the rejection of the bid. River Valley Health
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 from or exceptions to the terms, conditions,
or specifications in the tender documents must be described
fully. In the absence of such a statement, the bid shall be
accepted as being in strict compliance with all terms, conditions
and specifications. Any bid that contains qualifications or
conditions contrary to, or inconsistent with, the tender documents
may be rejected at the discretion of River Valley Health
All bids or proposals submitted become the property of the Regional Health Authority 3 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 River Valley Health President
and CEO or his delegates.
9.2 The President may make an award to the preferred vendor
conditional on the negotiation and acceptance of a detailed
contract between the Authority and the vendor. In such cases,
should the detailed contract negotiations not be completed
in a reasonable period of time, River Valley Health reserves
the right to discontinue negotiations with the vendor and
subsequently enter into negotiations with the second preferred
9.3 No right or duty, in whole or in part, of the vendor under
contract issued may be assigned or delegated without the prior
written consent of the Authority.
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 bid price 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 Authority subsequent
to the issuing of the tender invitation which is deemed to
substantially alter the procurement.
10.2 If no bids are received in response to a tender invitation
which are compliant with the terms, conditions, and/or specifications,
the Authority 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 Regional Health Authority 3 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 bidder.
11.2 The River Valley Health Purchasing Department 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 upon
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
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 Authority from and against
all claims, demands, loses, 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 River Valley Health will seek to purchase recycled and/or
environmentally sensitive products where practical and effective.
11.6 The Regional Health Authority 3 provides purchasing support
to all hospital and health centre facilities and extramural
services within its boundaries and to community and mental
health services, and will extend access to any contract awards
resulting from this tender to all regional participants. By
submitting a tender response, the bidder indicates that it
agrees to extend the same pricing to all facilities and services
as per the terms and specifications in the tender document.
All invoices are to be submitted to:
Regional Health Authority 3,
River Valley Health
PO Box 9000
Fredericton, NB E3B 5N5
11.8 All invoices and correspondence must indicate the relevant
River Valley Health Purchase Order number.
11.9 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 and
abide by these Terms and Conditions.