Acts and Regulations

94-157 - General

Table of contents
Full text
Revoked on 15 October 2014
NEW BRUNSWICK
REGULATION 94-157
under the
Public Purchasing Act
(O.C. 94-936)
Filed December 23, 1994
Under section 12 of the Public Purchasing Act, the Lieutenant-Governor in Council makes the following Regulation:
2013, c.31, s.30
Repealed: 2012, c.20, s.37
1This Regulation may be cited as the General Regulation - Public Purchasing Act.
2In this Regulation
“Act” means the Public Purchasing Act;(Loi)
“estimated cost” means, with respect to the purchase of supplies or services, the estimated cost of the supplies or services and includes transportation costs, tariffs, duties, taxes, installation costs, premiums, fees, commissions, interest and any other costs incidental to the purchase of the supplies or services, but does not include optional renewals if the compulsory part of the contract in relation to the purchase of the services or supplies is of at least one year’s duration.(coût estimé)
GENERAL
Departments and Government Funded Bodies
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
3(1)The departments to which the Act applies are those prescribed in Schedule A.
3(2)The government funded bodies to which the Act applies are those prescribed in Schedule B.
Agreements with Vendors
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
4The Minister or a government funded body, following requests for tenders in accordance with the Act and regulations, may establish agreements with vendors for the delivery of supplies and services on an “as and when required” basis.
Request by Department to Minister
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
5(1)A department shall request the Minister to purchase supplies and services by completing a supply requisition which shall contain all information required by the Minister.
5(2)The supply requisition shall be approved by an authorized departmental signing officer.
5(3)Where the Minister has established an agreement with a vendor under section 4, the Minister may permit a department to obtain supplies and services directly from the vendor under the terms of the agreement.
Request by Government Funded Body to Minister
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
6(1)Where a government funded body requests the Minister to purchase supplies or services on its behalf, it shall complete an approved supply requisition which shall contain all information required by the Minister.
6(2)The supply requisition shall be approved by an authorized signing officer of the government funded body.
6(3)A government funded body shall provide the Minister with the names and titles of its authorized signing officers.
6(4)Where the Minister has established an agreement with a vendor under section 4, the Minister may permit a government funded body to obtain supplies or services directly from the vendor under the terms of the agreement.
Official Purchasing Documents
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
7(1)The official purchasing documents for a department shall be those documents specified by the Minister and for a government funded body shall be those documents specified by the government funded body.
7(2)The documents referred to in subsection (1) may be in electronic format.
7(3)The standard terms and conditions established by the Minister or the government funded body, except as otherwise specified, apply in respect of all purchases and form part of the official purchasing documents referred to in subsection (1).
7(4)The terms and conditions referred to in subsection (3) may be in a written or electronic format and shall be made readily available to a vendor upon request.
96-21
VENDORS LISTS
Placement on Vendors List
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
8(1)The Minister and each government funded body shall maintain a vendors list by commodity and services for all vendors who register with the Minister and the government funded body and who comply with the requirements set out in the Act and this Regulation.
8(2)The Minister and each government funded body shall place a vendor’s name on the vendors list within thirty days after the vendor meets the conditions set out in the Act and this Regulation.
8(3)A vendor shall provide the Minister and any government funded body with whom the vendor wishes to register, proof of the vendor’s competence to provide the supplies or services.
8(4)Proof of competence shall be measured by such predetermined standards and specifications as are established by the Minister or government funded body from time to time, including evidence that the vendor can supply the required volume of supplies or required services within a reasonable or required time.
8(5)The Minister or a government funded body shall not disclose to the public any information on a vendor’s capability or other data about the vendor considered confidential by the Minister or the government funded body.
8(6)The Minister or a government funded body shall inform a vendor, at the vendor’s request, as to how the vendor’s supplies or services are described on the vendors list, or as to how the vendor’s capabilities are described with respect to the supplies or services.
8(7)A vendor carrying on business through an agent shall register the name of any such agent with the Minister or government funded body and shall inform the Minister or government funded body of any change of agent within thirty days of such change.
8(8)This section does not apply to a government funded body that is a municipality, rural community, regional service commission, regional health authority, university, FacilicorpNB Ltd., Ambulance New Brunswick Inc. or to the Collège communautaire du Nouveau-Brunswick (CCNB), the New Brunswick Community College (NBCC), the New Brunswick Investment Management Corporation, the Financial and Consumer Services Commission or the New Brunswick Health Council.
96-12; 96-114; 2002-35; 2004-63; 2005-84; 2007-43; 2008-101; 2008-103; 2010-86; 2012, c.44, s.17; 2013, c.31, s.30
Removal from Vendors List
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
9(1)The Minister or a government funded body shall remove the name of any vendor from a vendors list where
(a) the vendor requests removal,
(b) the vendor is declared bankrupt or suffers a substantial business failure,
(c) the vendor ceases to supply the commodity or service for which the vendor was placed on a vendors list, or
(d) the vendor suffers fire or other disaster which renders the enterprise of the vendor inoperable for an extended period.
9(2)The Minister or a government funded body may remove the name of any vendor from a vendors list for any appropriate cause, including, without restricting the generality of the foregoing:
(a) non-performance on a current contract;
(b) supplying false information in regard to a tender or a vendor registration procedure;
(b.1) a conviction of fraud or bribery or conspiracy to commit an offence involving fraud or bribery under the Criminal Code (Canada) in relation to the sale of supplies or services to the Minister, a department or a government funded body;
(c) a history of failure to respond to invitations to tender;
(d) failure to meet quality standards and specifications established by the Minister or government funded body;
(e) failure to follow the conditions set down in this Regulation respecting the registration of agents;
(f) failure to meet delivery commitments;
(g) a history of failure to submit competitive prices; or
(h) failure to comply with the Act or this Regulation.
9(3)For the purposes of paragraphs (2)(c) and (g), a history of failure shall mean failure in not less than three consecutive tenders for commodities in the same commodity class or services in the same services class.
9(4)A vendor whose name has been removed from a vendors list shall be notified in writing by the Minister or government funded body of the removal and the reason for the removal.
9(4.1)A vendor whose name has been removed from any vendors list for commodities or services shall also have the vendor’s name removed from the master vendors list kept by the Minister or government funded body.
9(4.2)Tenders shall not be accepted from a vendor whose name has been removed from the master vendors list during the period of time the vendor is suspended from the list.
9(5)This section does not apply to a government funded body that is a municipality, rural community, regional service commission, regional health authority, university, FacilicorpNB Ltd., Ambulance New Brunswick Inc. or to the Collège communautaire du Nouveau-Brunswick (CCNB), the New Brunswick Community College (NBCC), the New Brunswick Investment Management Corporation, the Financial and Consumer Services Commission or the New Brunswick Health Council.
95-73; 96-12; 96-114; 97-84; 97-120; 2002-35; 2004-63; 2005-84; 2007-43; 2008-101; 2008-103; 2010-86; 2012, c.44, s.17; 2013, c.31, s.30
Reinstatement on Vendors List
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
10(1)A vendor whose name has been once removed from a vendors list is entitled to have the removal reviewed six months after the date of the removal and shall be reinstated if the vendor satisfies the Minister or government funded body that the circumstances leading to the removal have been rectified or will not occur again.
10(2)A vendor who is not reinstated under subsection (1) may have a review by the Minister or government funded body every six months if the vendor makes a written request at the end of each six month period after the date of the removal and shall be reinstated if the vendor can satisfy the Minister or government funded body that the circumstances leading to the removal have been rectified or will not occur again.
10(3)Reinstatement of a vendor who has been twice removed from a vendors list shall be at the discretion of the Minister or government funded body following a twelve month waiting period.
10(4)This section does not apply to a government funded body that is a municipality, rural community, regional service commission, regional health authority, university, FacilicorpNB Ltd., Ambulance New Brunswick Inc. or to the Collège communautaire du Nouveau-Brunswick (CCNB), the New Brunswick Community College (NBCC), the New Brunswick Investment Management Corporation, the Financial and Consumer Services Commission or the New Brunswick Health Council.
95-73; 96-12; 96-114; 2002-35; 2004-63; 2005-84; 2007-43; 2008-101; 2008-103; 2010-86; 2012, c.44, s.17; 2013, c.31, s.30
TENDERING RULES AND PROCESS
 
Estimated Cost Amounts
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
11The following amounts are prescribed for the purposes of those paragraphs of the Act listed below:
(a) 4(1)(a) - fifty thousand dollars;
(b) 4(1)(b) - twenty-five thousand dollars;
(c) 4(1)(c) - ten thousand dollars; and
(d) 4(1)(d) - five thousand dollars.
98-86
Preparation of Request for Tender
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
12No person shall prepare or design a request for tender, select a valuation method or divide purchase requirements for services or supplies so as to avoid the effect of the monetary limits set out in various provisions of this Regulation.
Requesting Tenders from Vendors on Vendors List
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
13Where the estimated cost of services exceeds ten thousand dollars but does not exceed fifty thousand dollars, or the estimated cost of supplies exceeds five thousand dollars but does not exceed twenty-five thousand dollars, the Minister or government funded body shall, if tenders are requested from vendors on a vendors list,
(a) invite at least six vendors to tender,
(b) if there are fewer than six vendors on the list, invite tenders from all vendors on the list, and
(c) endeavour to ensure that, where practical, all vendors on the vendors list for a commodity or service have an equal opportunity to tender for the commodity or service over a reasonable period of time.
98-86
Tender Closing Date
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
14For tenders requested by public advertisement under paragraphs 4(1)(a) and (b) of the Act, the tender shall not specify a closing date sooner than fifteen days after the date the tender is first advertised, exclusive of the date the tender is first advertised and the closing date.
Electronic Bulletin Board
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
15The following electronic bulletin boards are prescribed for the purposes of paragraph 7(c) of the Act:
(a) New Brunswick Opportunities Network;
(b) CEBRA Inc.’s MERX System;
(c) BIDS.
97-84
Public Inspection of Tenders
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
16The Minister and each government funded body shall maintain and make available for public inspection a list of all tenders for which the estimated cost exceeds five thousand dollars and in respect of which there is no exemption.
98-86
Tender Information and Openings
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
17(1)The Minister and each government funded body shall ensure that all vendors invited to tender are provided with the same information for submission of tenders and that the information provided is adequate for the submission of tenders.
17(2)Subject to subsection (3), upon receipt of a completed tender from a vendor, the Minister or government funded body, as the case may be, shall ensure that the tender package is time and date stamped and shall ensure the confidentiality of the information in the tender package by storing it unopened in a locked receptacle until the day for the opening of tenders.
17(3)Upon receipt of a completed tender from a vendor by facsimile transmission, the Minister or government funded body, as the case may be, shall ensure that the tender package is time and date stamped and stored in a locked receptacle until the day for the opening of tenders.
17(4)The Minister or government funded body, as the case may be, is not liable to ensure the confidentiality of the information of a tender submitted by facsimile transmission.
17(5)All tenders shall close at the local time and date indicated in the tender documents and, where possible, tenders shall be opened publicly on the same day.
17(6)The signature on and the proposed delivery and pricing contained in each tender shall be verified by the appointed official and all pricing information contained in the tender shall be made available as soon as reasonably possible.
17(7)No award shall be made at the time of opening tenders.
Rejection and Refusal of Tenders
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
18(1)At the opening of tenders, the Minister or government funded body shall ensure that a duly appointed employee opens the tender packages, evaluates the tenders for proper completion, rejects tenders that are improperly completed, reads the vendors’ names and
(a) where total prices are required, read the total prices quoted, or
(b) where total prices are not required, identifies and reads, where practicable, the specified individual prices,
as set out in the tenders that have been properly completed.
18(1.1)Notwithstanding subsection (1), where a tender is in the form of a request for proposal, the duly appointed employee referred to in subsection (1) shall only read the vendors names as set out in the tenders that have been properly completed.
18(2)A tender is improperly completed if
(a) it is not accompanied by a required bid security deposit, certified cheque or bid bond in an amount equal to or exceeding the amount stipulated in the tender documents,
(b) it is not signed or, if required, does not contain a promised delivery or a total prices F.O.B. destination,
(c) it is illegible or its pricing terms and conditions cannot be understood by the duly appointed employee,
(d) it contains a change in price not initialed by the person signing the tender,
(e) it does not contain or is not accompanied by any documents specified in the tender,
(f) it contains a form of qualification contrary to the tender documents,
(g) where it is a mailed, hand delivered or courier delivery tender, it is not in a sealed package bearing the correct tender number and closing date on its face,
(h) where it is a tender for more than one item, it does not contain a unit price or extended total for each item bid, or
(i) it is not on a form specified by the Minister or government funded body, if one has been specified.
18(3)If a vendor submits more than one tender and the tenders are not alternative quotes, all the tenders that are not alternative quotes shall be rejected by the Minister or government funded body except the last tender received.
18(4)A decision by the Minister or government funded body to reject a tender at the tender opening under this section is final.
18(5)Where the Minister or a government funded body finds, after subsequent analysis, that a vendor has failed to comply with the conditions outlined in the invitation to tender
(a) the tender shall be rejected forthwith, and
(b) any such vendor shall be advised of the reason for rejection of the tender on request.
18(6)Where the Minister or government funded body receives a tender after the local time and date indicated in the tender document, the Minister or government funded body shall date and time stamp the tender and, upon request, return it to the sender.
18(7)The Minister or government funded body shall refuse a tender received by facsimile transmission if
(a) it is not fully transmitted at the local time and date indicated in the tender document, or
(b) it is to be accompanied by a bid deposit, samples or plans.
18(8)A vendor shall provide all the information required in the invitation to tender and any tender that does not contain the information shall be rejected by the Minister or government funded body.
95-73
Vendor’s Responsibility
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
19(1)A vendor submitting a tender is responsible for ensuring
(a) that the tender is legible and properly completed, and
(b) that the Minister or government funded body receives the tender and that it is deposited in the tender box in the proper location before the closing date and time,
regardless of whether the tender is delivered by telephone call, facsimile transmission, mail, personal delivery or otherwise.
19(2)Where vendors have been advised of a change in the tender closing date or time, the vendor submitting the tender shall ensure that the revised date or time is recorded on the tender and the tender package.
Extending or Shortening of Tender Closing Date
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
20(1)If a shortage of time develops for the preparation and submission of tenders, the Minister or government funded body, at the reasonable request of some of the vendors concerned, or in their discretion, may extend a tender closing date and shall advise all vendors who have received or requested copies of the tender document of the new tender closing date.
20(2)Subject to section 14, the Minister or government funded body may shorten a tender closing date for services or supplies for which the Minister or government funded body does not have an exemption and the vendors who have received or requested copies of the tender documents shall be advised of the new time for the opening of tenders and the change of location, if any.
Amendment of Tender
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
21(1)A vendor submitting a tender may amend the tender, after its deposit in the tender box and before the time for the opening of tenders, by
(a) delivering to the Minister or government funded body an amending letter or facsimile transmission signed by the same person who signed the original tender,
(b) identifying clearly on the face of the amending letter or facsimile transmission the tender number and closing date of the tender being amended, and
(c) ensuring that the amending letter or facsimile transmission is deposited in the tender box before the time for the closing of tenders.
21(2)An amendment of tender shall not disclose the amended total tender price but shall
(a) show the revision to the tender price to be amended, in the case of a unit price contract,
(b) state the amount to be added to or subtracted from the tender price, in the case of a lump sum tender, or
(c) supply the information that is missing from the tender on deposit.
21.1If, in the opinion of the Minister or a government funded body, the release to vendors of information other than that referred to in subsection 18(1) or (1.1) would jeopardize negotiations leading to a contract or agreement, the Minister or government funded body may refuse to release the information until an award has been made.
95-73
21.2The Minister or government funded body may, on request from the 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.
95-73
Disclosure of Information on Tenders
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
22(1)Within a reasonable period of time after the awarding of the contract, the Minister or the government funded body shall, 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 his tender relative to that of the successful tender.
22(2)The information referred to in subsection (1) shall contain the price as well as the results of the evaluation on all criteria other than price used to compare the tenders, for both the successful vendor and the vendor making the request.
95-73
Evaluation of Tenders
Repealed: 2012, c.20, s.37
95-73; 2012, c.20, s.37.
22.1(1)In the evaluation of tenders where price is the main criterion, the Minister or government funded body may, in addition to the price, consider quality, quantity, delivery and servicing capabilities of the vendor and other criteria relevant to the supplies or services being purchased.
22.1(2)In the evaluation of tenders where criteria other than price is used, the Minister or government funded body shall clearly indicate in the tender documents 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.
95-73
Approval of Tenders
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
23(1)Subject to subsections (2) and (3), a person designated by the Minister or the government funded body shall approve the successful tender following review of the tenders, but where the tender price is stated to be five hundred thousand dollars or more, the approval of the Minister or the head of the government funded body is required.
23(2)Where, in the evaluation of tenders, price is the main criterion and a tender other than the lowest priced acceptable tender is to be approved, no approval shall be given by the person referred to in subsection (1) unless approval is first obtained from
(a) another person designated by the Minister or the government funded body, if the difference between the successful tender and the lowest priced acceptable tender is the lesser of one thousand dollars or five per cent of the total value of the lowest priced acceptable tender,
(b) the deputy head of the Department of Government Services or a person holding a position equivalent to deputy head status and designated by the government funded body, if the difference between the successful tender and the lowest priced acceptable tender exceeds the lesser limit established under in paragraph (a) but does not exceed ten thousand dollars or ten per cent of the total value of the lowest priced acceptable tender, whichever is the lesser, and
(c) the Minister or the head of the government funded body, if the difference between the successful tender and the lowest priced acceptable tender exceeds ten thousand dollars or ten per cent of the lowest priced acceptable tender, whichever is the lesser.
23(3)Where in the evaluation of tenders criteria other than price are used and a tender other than the tender receiving the highest score is to be approved, no approval shall be given by a person designated under subsection (1) unless approval is first obtained from
(a) another person designated by the Minister or the government funded body, if the difference is five per cent or less of the total evaluation points of the highest scoring tender,
(b) the deputy head of the Department of Government Services or a person holding a position equivalent to deputy head status and designated by the government funded body, if the difference exceeds the value referred to in paragraph (a) but does not exceed ten per cent of the total evaluation points of the highest scoring tender, and
(c) the Minister or the head of the government funded body, if the difference exceeds the value referred to in paragraph (b).
23(4)Following appropriate approval,
(a) a purchase order shall be prepared, showing all information pertinent to the contract,
(b) the purchase order shall be signed by the Minister or government funded body upon approval by the proper signing authority as set forth in subsections (1) to (3) and shall be forwarded to the successful vendor, and
(c) the original purchase order, as approved, shall be forwarded to the successful vendor.
23(5)Amendments and changes to purchase orders shall be effected only by the Minister or government funded body and such amendments and changes shall be made only for additions or deletions to the purchase order not covered in the original tender through error or oversight.
95-73; 2012, c.39, s.123
PURCHASE OF SUPPLIES UNDER CERTAIN AMOUNTS
Purchase by Minister or Government Funded Body
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
24Where the estimated cost of supplies does not exceed five thousand dollars the Minister or a government funded body, unless otherwise exempt,
(a) shall solicit price quotations from at least three vendors,
(b) if fewer than three vendors are registered for that commodity, shall solicit price quotations from all vendors or from vendors not on the vendors list,
(c) may solicit price quotations from vendors by writing, facsimile, telephone or other electronic means,
(d) may award a contract based upon the price quotations received, and
(e) shall endeavour to ensure that all vendors on the vendors list have an equal opportunity to tender over a reasonable period of time.
98-86
Purchase by Department
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
25(1)A department that is exempt under section 30 may purchase the supplies in respect of which it has an exemption under section 30 by means of a local purchase order or a credit card or some other means approved by the Minister.
25(2)A department, when purchasing supplies for which it has an exemption under section 30 by a means set out in subsection (1), shall follow the procedure established by the Minister for the purchase of the supplies by those means.
96-21
26Repealed: 96-21
96-21
EXEMPTIONS
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
Services Exempted from the Application of the Act
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
27Services that may, by legislation, be provided only by any of the following professionals are exempt from the application of the Act:
(a) engineers;
(b) land surveyors;
(c) chartered accountants;
(d) barristers and solicitors;
(e) medical practitioners;
(f) dentists;
(g) nurses;
(h) pharmacists;
(i) veterinarians; and
(j) architects.
95-73
Exemptions for Minister and Government Funded Bodies
Repealed: 2012, c.20, s.37
95-73; 2012, c.20, s.37.
27.1(1)Subsection 4(1) of the Act does not apply to the Minister or government funded bodies for the following supplies or services or in the following circumstances:
(a) purchase of supplies that are the subject of a lease contract where payments are partially or totally credited to the purchase;
(b) purchase of services with a total value of less than one hundred thousand dollars where it can be shown that for reasons of specific skills, knowledge or experience, the choice of vendor is limited to one or a very limited number of individuals, provided that the exemption is not used to unduly restrict competition;
(c) purchase of supplies or services for representational purposes outside the Province;
(d) where the supplies or services are required in the event of an emergency or urgent situation;
(e) where the use of a public tendering process would interfere with the ability to maintain security or order, or to protect human, animal or plant life or health;
(f) where there is an absence of competition for technical reasons and the supplies or services can be supplied only by a particular vendor and no alternative or substitute exists;
(g) supplies or services provided by a vendor that is a statutory monopoly;
(h) where it is necessary to ensure compatibility with existing products, to recognize exclusive rights, such as exclusive licences, copyright and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative;
(i) for services or supplies provided by a vendor under the provisions of a warranty or guarantee;
(j) in the event of an absence of bids in response to a tender made in accordance with the tendering procedures specified in the Act and this Regulation;
(k) where supplies may be purchased under exceptionally advantageous circumstances such as bankruptcy or receivership;
(l) where the carrying out of work by a vendor other than the vendor who did the original work would nullify the guarantees held;
(m) services related to matters of a confidential nature where disclosure of the matter through a public tendering process would compromise the confidentiality of the matter;
(n) purchase of supplies or services from philanthropic organizations or handicapped persons;
(o) purchase of goods intended for resale to the general public;
(p) where Board of Management has determined that there would be a significant economic benefit to the province if the purchase is made from a specific vendor and recommends the purchase to the Minister or the government funded body;
(q) supplies or services directly related to research and development or production of a prototype or original concept, provided that subsequent purchases are carried out in accordance with the Act and this regulation;
(r) supplies or services purchased from a department, government funded body or non-profit organization;
(s) purchase of supplies and services made under the provisions of a cooperation agreement financed in whole or in part by an international cooperation organization, if the agreement specifies different rules for such purchases;
(t) purchases of supplies or services made jointly with another government or a department, agency or body under the jurisdiction of that government through an agreement or through an agency established to oversee such purchases provided that the purchases are made through an open tendering process;
(u) purchases of supplies or services from standing offer or supply contracts established by the federal government;
(v) purchases of sand, stone, gravel, asphalt compound or pre-mixed concrete for use in the construction or repair of roads where transportation costs or technical considerations restrict the available supply base to local sources of supply;
(v.1) transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects;
(v.2) services for sporting events if the sporting events have been procured by an organization whose main purpose is to organize such events;
(v.3) services of financial analysts;
(v.4) services provided by an organization for the management of investments if the management of investments is the primary purpose of the organization;
(v.5) financial services respecting the management of financial assets and liabilities, including ancillary advisory and investment services and information services, whether or not delivered by a financial institution;
(v.6) advertising and public relations services;
(w) purchase of products under supply management or regulated by provincial marketing boards;
(x) purchase of supplies and services related to cultural or artistic fields;
(y) purchase of subscriptions to newspapers, magazines or other periodicals; and
(z) purchase of supplies or services on behalf of a third party not covered by the Act or this Regulation.
95-73; 96-21
27.2The Minister is exempt from subsection 4(1) of the Act with respect to the following:
(a) gifts and mementos for visiting dignitaries;
(b) supplies required in conjunction with visitations by the Royal Family and heads of state; and
(c) supplies and services listed in sections 31 to 44 inclusive if the department elects to have the Minister purchase the supplies and services in question.
95-73
Exemptions for Government
Funded Bodies
Repealed: 2012, c.20, s.37
95-73; 96-21; 2012, c.20, s.37.
28The New Brunswick Investment Management Corporation, Ambulance New Brunswick Inc., FacilicorpNB Ltd., the Financial and Consumer Services Commission, the Collège communautaire du Nouveau-Brunswick (CCNB), the New Brunswick Community College (NBCC), the New Brunswick Health Council and municipalities, rural communities, regional service commissions, universities and regional health authorities listed in Schedule B are exempt from subsection 4(1) of the Act for purchases of supplies with an estimated cost of twenty-five thousand dollars or less and services with an estimated cost of fifty thousand dollars or less.
96-12; 96-114; 2002-35; 2004-63; 2005-84; 2007-43; 2008-101; 2008-103; 2010-86; 2012, c.44, s.17; 2013, c.31, s.30
28.1Government funded bodies are exempt from section 24 if the supplies have a cost of one thousand five hundred dollars or less, not including shipping, taxes, duties or other incidental costs.
96-21; 98-86
28.2The New Brunswick Power Corporation and the New Brunswick Energy Marketing Corporation listed in Schedule B are exempt from subsections 4(1), (3), (4) and (5) of the Act for purchases of fuel for use in a generating station owned by one of the corporations.
2009-28; 2013, c.7, s.163
Exemptions for Departments
Repealed: 2012, c.20, s.37
95-73; 2012, c.20, s.37.
29Departments are exempt from purchasing through the Minister services that have an estimated cost of ten thousand dollars or less.
30Departments are exempted from purchasing through the Minister supplies that have a cost of one thousand five hundred dollars or less, not including shipping, taxes, duties or other incidental costs.
98-86
30.1Exemptions listed in sections 31 to 44 inclusive, apply only where the supplies have an estimated cost of twenty-five thousand dollars or less or the services have an estimated cost of fifty thousand dollars or less, unless other amounts are prescribed.
95-73
31(1)Departments are exempted from purchasing the following supplies through the Minister and government funded bodies are not required to tender for the following supplies:
(a) books, where the department or government funded body has its own librarian or where specialized books are bought with special discounts;
(b) magazines, periodicals, newspapers, compact discs, CD-ROMS and other similar pre-recorded media, recordings, pre-recorded tapes, films, film strips and printed test materials;
(c) gasoline, oil, running repairs and maintenance required during normal operation of government-owned vehicles that have a credit card supplied by either the department concerned or the Department of Transportation;
(d) repair transactions for government vehicles, where both labour and repairs are included;
(e) gasoline, diesel fuel and heating oil, where the quantity purchased is too small to take advantage of delivery under contracts or standing purchase orders, up to a limit of five hundred litres weekly;
(f) Repealed: 98-86
(g) supplies for projects financed on a cost-shared basis between the federal and provincial governments and purchased according to federal government regulations;
(h) groceries and meals for fire-fighting crews and highway work crews;
31(2)Government automobiles provided through Central Vehicle Management of the Department of Transportation to Ministers and deputy heads may be selected by them but no agreement to purchase shall be made until the deputy head of the Department of Supply and Services determines the price is fair and just.
96-21; 97-84; 98-86; 2010, c.31, s.113
32The following special exemptions from purchasing supplies through the Minister are made for the Department of Agriculture, Aquaculture and Fisheries:
(a) gasoline and diesel fuel for the Bonaccord Seed Potato Farm, the certified strawberry nursery at Hoyt and the Agricultural Engineering Branch;
(b) drugs purchased for use by the Veterinary Branch;
(c) feed and bedding from the New Brunswick Central Artificial Breeding Co-op Ltd;
(d) certified plant stock offered for resale;
(e) experimental aquaculture equipment to be used in applied research programs and any part thereof;
(f) consumable goods to be used in applied research programs;
(g) fish and crustaceans used for applied research, promotional programs, fish food and broodstock; and
(h) experimental fishing equipment, experimental aquatic resource equipment and experimental vessel equipment to be used in applied research programs, and any part thereof.
95-73; 2000, c.26, s.253; 2007, c.10, s.81; 2010, c.31, s.113
32.1Repealed: 2010, c.31, s.113
2007, c.10, s.81; 2010, c.31, s.113
33The following special exemptions from purchasing supplies through the Minister are made for the Chief Electoral Officer:
(a) specialized stationery used by the various constituencies during elections and purchased under the direction of the Chief Electoral Officer; and
(b) office supplies used by the various constituencies during elections and purchased under the direction of the Chief Electoral Officer.
34The following special exemptions from purchasing supplies through the Minister are made for the Department of Post-Secondary Education, Training and Labour:
(a) school textbooks and textbook materials;
(b) parts and supplies to be used in the repair and overhauling of equipment which is charged back to the owner of the equipment but not including tools or items to be placed in stock;
(c) goods and materials required by students attending courses for use during training and for resale to the individual student; and
(d) microcomputer software designed for educational purposes only.
97-84; 1998, c.41, s.97; 2000, c.26, s.253; 2006, c.16, s.149; 2007, c.10, s.81
34.1Repealed: 2001-79
97-84; 1998, c.41, s.97; 2000, c.26, s.253; 2001-79
35The following special exemptions from purchasing supplies and services through the Minister are made for the Department of Education and Early Childhood Development:
(a) school textbooks and textbook materials;
(b) instructional films for the Audio-Visual Branch;
(c) microcomputer software designed for educational purposes only;
(d) supplies for schools and school district offices, where the estimated cost, excluding shipping, taxes, duties or other incidental costs, does not exceed one thousand five hundred dollars per transaction;
(d.1) supplies and services purchased for early childhood development programs;
(e) student conveyance services, where the estimated cost exceeds ten thousand dollars and where purchased in accordance with the requirements of sections 8 to 10 of New Brunswick Regulation 89-104 under the Schools Act; and
(f) parts and supplies to be used in the repair and overhauling of equipment which is charged back to the owner of the equipment but not including tools or items to be placed in stock.
(g) Repealed: 2000, c.26, s.253
97-84; 97-120; 1998, c.41, s.97; 2000, c.26, s.253; 2010, c.31, s.113; 2011-47
36The following special exemption from purchasing supplies through the Minister is made for the Department of Environment and Local Government:
(a) services and supplies for any of the purposes set out in paragraph 3(a) of the Environmental Trust Fund Act.
97-84; 2000, c.26, s.253; 2006, c.16, s.149; 2012, c.39, s.123
36.1The following special exemption from purchasing supplies through the Minister is made for the Department of Environment and Local Government:
(a) solid waste collection services on behalf of local service districts.
2006, c.16, s.149; 2012, c.39, s.123
37Repealed: 2000, c.26, s.253
97-84; 2000, c.26, s.253
38The following special exemptions from purchasing supplies through the Minister are made for the Department of Health:
(a) drugs and related supplies prescribed for patients who have been accepted as the responsibility of the Department of Health and have been discharged from a hospital facility or institution to their home or are new patients under the home-care program, but prescriptions for these drugs shall be filled locally and this exemption shall not be used for stock or stock replacement;
(b) limbs, braces, components and prescribed drugs for use in the fitting and medication of persons requiring prosthetic services;
(c) equipment and supplies used in the home dialysis program;
(d) drugs and all other items required for recipients of social assistance or child welfare benefits and persons receiving blind or disability allowances from the Province;
(e) purchases of food products from the National Food Distribution Centre for children with inborn defects;
(f) clothing, school items, items of personal care, furnishings, heating fuel, drugs and food purchased by qualified social workers for clients, on behalf of the child welfare or the social assistance plans;
(g) clothing, prescribed drugs, glasses, optical repairs, dental services and dentures purchased for patients maintained under psychiatric services, as well as special emergency requirements for individual patients in psychiatric institutions;
(h) Repealed: 97-84
(i) Repealed: 97-84
(j) expendable supplies used in the Work Activity Projects by clients on work training designed to increase their employability.
97-84; 2000, c.26, s.253; 2006, c.16, s.149
38.1The following special exemption from purchasing supplies through the Minister is made for the Office of the Attorney General:
(a) paralegal services.
97-84; 2006, c.16, s.149; 2012, c.39, s.123; 2013, c.42, s.15
39The following special exemptions from purchasing supplies through the Minister are made for the Department of the Public Safety:
(a) eyeglasses and dentures for inmates in Provincial penal institutions; and
(b) prescribed drugs for inmates in Provincial penal institutions.
2001-36
40The following special exemptions from purchasing services and supplies through the Minister are made for the Department of Natural Resources:
(a) gravel, sand, sandstone, rock and borrow material required for provincial tree nurseries and provincial parks;
(b) gravel, sand, sandstone, rock and borrow material required for district forestry offices;
(c) fuel wood required for provincial camp grounds; and
(d) services and supplies purchased in the course of a special investigation undertaken for the purposes of the protection of land and water and their mineral, vegetable and other components, including the flora, fauna and fish on the land or in the water.
2004, c.20, s.52; 2009-29
41The following special exemptions from purchasing services and supplies through the Minister are made for the Department of Social Development:
(a) services and supplies purchased on an individual basis for clients of the department; and
(b) supplies and repair services for the Housing Emergency Repair Program, with such supplies and services restricted to those that are required to render dwelling units fit for human habitation.
97-84; 2000, c.26, s.253; 2008, c.6, s.36
41.1The following special exemptions from purchasing supplies through the Minister are made for the Department of Tourism, Heritage and Culture:
(a) handicraft items to be used for display purposes;
(b) artifacts and reproductions for historical projects;
(c) books and related items for historical projects;
(d) plaques for use in marking historical sites;
(e) arts for the New Brunswick Collection;
(f) crafts for the New Brunswick Collection;
(g) topsoil, sand, sandstone, rock, lime and borrow material required for provincial parks;
(h) fuel wood required for provincial campgrounds;
(i) items purchased for resale at gift shops;
(j) livestock purchased or rented for historic sites; and
(k) costumes and costume material for Acadian Village site interpreters.
2000, c.26, s.253; 2007, c.10, s.81; 2012, c.39, s.123; 2012, c.52, s.43
41.2Repealed: 2012, c.39, s.123
2001-79; 2001, c.41, s.15; 2012, c.39, s.123
42Repealed: 2000, c.26, s.253
97-84; 1998, c.41, s.97; 2000, c.26, s.253
43The following special exemptions from purchasing supplies through the Minister are made for the Department of Government Services:
(a) works of art to be used for decorative purposes;
(b) Repealed: 95-73
(c) Repealed: 95-73
(d) Repealed: 95-73
95-73; 2012, c.39, s.123
44(1)The following special exemptions from purchasing supplies and services through the Minister are made for the Department of Transportation and Infrastructure:
(a) plaques for bridges and other highway structures;
(b) subject to subsection (2), gravel, sand, sandstone, rock and borrow material required for the maintenance and construction of highways and bridges regardless of estimated cost;
(c) hay and straw for highway seeding purposes;
(d) subject to subsection (2), asphalt mix for highway maintenance regardless of estimated cost;
(e) lumber and related materials required in the maintenance and construction of bridges, buildings and highways, up to a value of twenty-five hundred dollars;
(f) subject to subsection (2), concrete mix for highway and bridge maintenance and construction regardless of estimated cost;
(g) Repealed: 98-86
(h) Repealed: 2003, c.E-4.6, s.171
(h.1) short-term (less than one year) rental of equipment where rates are already established under the Crown Construction Contracts Act and regulations under that Act;
(h.2) repairs to heavy equipment where the cost of such repairs cannot be estimated prior to the start of the job;
(h.3) surveying for road and bridge alignment and construction;
(h.4) traffic line marking for highways;
(h.5) environmental studies relating to road or bridge construction or repair;
(i) fuel, operating expenses, maintenance and parts for government-operated aircraft;
(j) repairs to government-operated aircraft; and
(k) the operation and management of vehicle and passenger ferry service between Blacks Harbour on the mainland and North Head on Grand Manan Island, between Ingalls Head on Grand Manan Island and White Head Island and between Letete on the mainland and Deer Island.
44(2)The supplies and services specified in paragraph (1)(b), (d) or (f) may be purchased by the department only where the department can show that transportation costs or technical considerations restrict the available supply base to local sources of supply.
95-73; 97-120; 98-86; 2003, c.E-4.6, s.171; 2010-21; 2012, c.39, s.123
44.1Where supplies or services are purchased under an exemption listed in section 27.1, a government funded body shall, with respect to all such purchases, maintain records of such purchases which shall contain the date, the name and address of the vendor from which the supplies or services were purchased, the price paid, the reason for the exemption and documentation sufficient to justify the use of the exemption.
95-73
Records and Reports
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
45Where the Minister or a government funded body purchases supplies or services under an exemption listed under section 27.1, the Minister or government funded body shall
(a) ensure documentation is in the file respecting the applicability of section 27.1 to the purchase made, and
(b) ensure that there is documentation from the Minister or head of the government funded body that, in the opinion of the Minister or government funded body, the situation exists that would justify action under section 27.1.
95-73
46(1)A department that purchases services with an estimated cost of ten thousand dollars or less shall report the total value of all such purchases made during the fiscal year to the Minister in a format specified by the Minister and within ninety calendar days following the end of the fiscal year.
46(2)For purchases made under an exemption listed in sections 31 to 44, a department making the purchase shall report the total value of all such purchases made during the fiscal year to the Minister within ninety calendar days after the end of the fiscal year.
46(3)The purchases shall be reported separately for supplies and for services and in a format specified by the Minister.
95-73
PREFERENCES
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
47(1)The Minister or a government funded body may give preferential treatment to a vendor where
(a) the estimated cost of supplies is twenty-five thousand dollars or less, or
(b) the estimated cost of services is fifty thousand dollars or less.
47(2)Where preferential treatment is permitted under subsection (1), the Minister or government funded body may give preferential treatment to a vendor in the following order:
(a) New Brunswick manufacturers or service providers or vendors supplying New Brunswick manufactured goods;
(b) New Brunswick warehousers or distributors;
(c) other Atlantic province manufacturers or service providers or vendors supplying goods manufactured in another Atlantic province;
(d) other Atlantic province warehousers or distributors;
(e) other Canadian manufacturers or service providers or vendors supplying goods manufactured in Canada; and
(f) all others.
47(3)Where the Minister or government funded body is of the opinion that there is a sufficient number of sources of supply to establish a competition, the request for tenders may be restricted to those vendors referred to in paragraph (2)(a), (2)(a) and (b), or (2)(a), (b) and (c), as the case may be.
47.1The Minister or a government funded body may give preferential treatment to vendors from the Atlantic provinces where the estimated cost of the services is greater than fifty thousand dollars but less than one hundred thousand dollars, but no preferential treatment shall be permitted among competing vendors from the Atlantic provinces.
95-73
47.2(1)Where the estimated cost of supplies exceeds twenty-five thousand dollars or the estimated cost of services exceeds fifty thousand dollars, the Minister or a government funded body may give preferential treatment to Canadian manufacturers or service providers based on a value-added in Canada component if
(a) the tender documents clearly identify the preferential treatment,
(b) the method to be used for determining the value-added Canada component are provided to vendors, and
(c) the preference does not exceed ten per cent of the estimated cost of the lowest priced acceptable tender.
47.2(2)At the discretion of the Minister or government funded body, tenders may be restricted to goods produced in Canada or to vendors with a place of business in Canada.
95-73
REPEAL AND COMMENCEMENT
Repealed: 2012, c.20, s.37
2012, c.20, s.37.
48New Brunswick Regulation 85-56 under the Public Purchasing Act is repealed.
49This Regulation comes into force on January 1, 1995.
SCHEDULE A
Chief Electoral Officer
Clerk of the Legislative Assembly
Department of Agriculture, Aquaculture and Fisheries
Department of Economic Development
Department of Education and Early Childhood Development
Department of Energy and Mines
Department of Environment and Local Government
Department of Finance
Department of Government Services
Department of Health
Department of Healthy and Inclusive Communities
Department of Human Resources
Department of Justice
Department of Natural Resources
Department of Post-Secondary Education, Training and Labour
Department of Public Safety
Department of Social Development
Department of Tourism, Heritage and Culture
Department of Transportation and Infrastructure
Executive Council Office
Labour and Employment Board
Language Training Centre
New Brunswick Internal Services Agency
New Brunswick Police Commission
Office of the Attorney General
Office of the Auditor General
Office of the Comptroller
Office of the Leader of the Opposition
Office of the Lieutenant-Governor
Office of the Ombudsman
Office of the Premier
95-73; 1998, c.41, s.97; 2000, c.26, s.253; 2001-75; 2001-79; 2001, c.41, s.15; 2003, c.23, s.4; 2003-35; 2004, c.20, s.52; 2005-118; 2006-14; 2006, c.16, s.149; 2007, c.10, s.81; 2007-15; 2008-44; 2008, c.6, s.36; 2010-70; 2010, c.31, s.113; 2012, c.39, s.123; 2012, c.52, s.43; 2013, c.42, s.15
SCHEDULE B
Ambulance New Brunswick Inc.
Collège communautaire du Nouveau-Brunswick (CCNB)
FacilicorpNB Ltd.
Financial and Consumer Services Commission
Invest New Brunswick
Kings Landing Corporation
Mount Allison University
Municipalities as defined in the Municipalities Act
New Brunswick Community College (NBCC)
New Brunswick Economic and Social Inclusion
Corporation
New Brunswick Energy Marketing Corporation
New Brunswick Health Council
New Brunswick Housing Corporation
New Brunswick Investment Management Corporation
New Brunswick Power Corporation
Regional Development Corporation
Regional health authorities as defined in the
   Regional Health Authorities Act
Regional service commissions established under the Regional Service Delivery Act
Rural communities as defined in the Municipalities Act
St. Thomas University
The University of New Brunswick - Fredericton and
   Saint John
Université de Moncton
Workplace Health, Safety and Compensation Commission
95-73; 96-12; 96-114; 2000, c.51, s.8; 2002-35; 2003, c.E-4.6, s.171; 2004-63; 2004-112; 2005-84; 2007-43; 2008-101; 2008-103; 2010-86; 2010-123; 2011-44; 2012, c.44. s.17; 2013, c.7, s.163; 2013, c.31, s.30
N.B. This Regulation is consolidated to October 15, 2014.