Acts and Regulations

2014-93 - Goods and Services

Full text
Mutual agreement permitted
158(1) A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) services with an estimated value of less than $50,000, if it can be shown that due to a need for specific skills, knowledge or experience, only one person or a very limited number of persons meet the requirements of the procurement;
(b) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;
(c) goods intended for resale to the public;
(d) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;
(e) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;
(f) health services and social services;
(g) goods or services procured from a Schedule A entity, a Schedule B entity, a government enterprise, another jurisdiction or a public body;
(h) fiscal agency or depository services;
(i) liquidation and management services on behalf of a regulated financial institution;
(j) services related to the sale, redemption, and distribution of the public debt of the Province or any other province or territory of Canada, including loans, bonds, debentures, notes, interest-bearing and non-interest-bearing treasury bills, certificates of indebtedness and any other securities representing part of the public debt of the Province or another province or territory of Canada;
(k) goods or services procured on behalf of or by non-governmental bodies that exercise governmental authority delegated to them;
(l) goods or services procured for the specific purpose of providing international assistance, including development aid, provided that the procuring entity does not discriminate on the basis of origin or location within Canada of goods, services or suppliers; and
(m) goods or services related to culture or cultural industries.
158(2) So long as a procuring entity is not doing so for the purpose of averting competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) goods and services that are strictly necessary and, for reasons of emergency brought about by an event unforeseeable by the following entities, cannot be obtained in a timely manner through an open competitive bidding process or a limited competitive bidding process:
(i) if the Minister procures the goods and services on behalf of a Schedule A entity, the Schedule A entity;
(ii) if the Minister procures the goods and services on behalf of a Schedule B entity, the Schedule B entity;
(iii) if a Schedule B entity procures the goods and services for itself, the Schedule B entity;
(iv) if a Schedule B entity procures the goods and services on behalf of another Schedule B entity, the other Schedule B entity; or
(v) if a Schedule B entity procures the goods and services on behalf of the Minister, the Minister;
(b) goods or services that, if procured by an open competitive bidding process, would impair the procuring entity’s ability to maintain security or order or to protect human, animal or plant life or health;
(c) goods that are legally restricted from moving interprovincially, if the restriction is consistent with the applicable trade agreements;
(d) advertising and public relation services;
(e) a prototype or a first good or service that is developed at the request of the procuring entity in the course of and for a particular contract for research, experiment, study or original development, including limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;
(f) goods or services of which the purchase is made under exceptionally advantageous conditions that only arise in the very short term, such as unusual disposals by enterprises that are not normally suppliers or disposals of assets of businesses in liquidation, receivership or bankruptcy, but not in routine purchases from regular suppliers;
(g) goods or services procured from the winner of a design contest, provided that:
(i) the contest is organized in a fair manner;
(ii) the procuring entity publishes on the New Brunswick Opportunities Network, for a period of time that the procuring entity considers sufficient to enable prospective suppliers to prepare their bid submissions, a notice of the contest containing sufficient information to enable prospective suppliers to determine if they wish to participate in the contest; and
(iii) the participants are judged by an independent jury with a view to awarding the design contract to the winner;
(h) goods on a commodity market; and
(i) goods or services resulting from additional deliveries by the original supplier of goods or services that were not included in the initial procurement, if a change of supplier for additional goods or services
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity.
2019-20; 2022-64; 2022-77
Mutual agreement permitted
158(1) A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) services with an estimated value of less than $50,000, if it can be shown that due to a need for specific skills, knowledge or experience, only one person or a very limited number of persons meet the requirements of the procurement;
(b) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;
(c) goods intended for resale to the public;
(d) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;
(e) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;
(f) health services and social services;
(g) goods or services procured from a Schedule A entity, a Schedule B entity, a government enterprise, another jurisdiction or a public body;
(h) fiscal agency or depository services;
(i) liquidation and management services on behalf of a regulated financial institution;
(j) services related to the sale, redemption, and distribution of the public debt of the Province or any other province or territory of Canada, including loans, bonds, debentures, notes, interest-bearing and non-interest-bearing treasury bills, certificates of indebtedness and any other securities representing part of the public debt of the Province or another province or territory of Canada;
(k) goods or services procured on behalf of or by non-governmental bodies that exercise governmental authority delegated to them;
(l) goods or services procured for the specific purpose of providing international assistance, including development aid, provided that the procuring entity does not discriminate on the basis of origin or location within Canada of goods, services or suppliers; and
(m) goods or services related to culture or cultural industries.
158(2) So long as a procuring entity is not doing so for the purpose of averting competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) goods and services that are strictly necessary and, for reasons of emergency brought about by an event unforeseeable by the following entities, cannot be obtained in a timely manner through an open competitive bidding process or a limited competitive bidding process:
(i) if the Minister procures the goods and services on behalf of a Schedule A entity, the Schedule A entity;
(ii) if the Minister procures the goods and services on behalf of a Schedule B entity, the Schedule B entity;
(iii) if a Schedule B entity procures the goods and services for itself, the Schedule B entity;
(iv) if a Schedule B entity procures the goods and services on behalf of another Schedule B entity, the other Schedule B entity; or
(v) if a Schedule B entity procures the goods and services on behalf of the Minister, the Minister;
(b) goods or services that, if procured by an open competitive bidding process, would impair the procuring entity’s ability to maintain security or order or to protect human, animal or plant life or health;
(c) goods that are legally restricted from moving interprovincially, if the restriction is consistent with the applicable trade agreements;
(d) advertising and public relation services;
(e) a prototype or a first good or service that is developed at the request of the procuring entity in the course of and for a particular contract for research, experiment, study or original development, including limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;
(f) goods or services of which the purchase is made under exceptionally advantageous conditions that only arise in the very short term, such as unusual disposals by enterprises that are not normally suppliers or disposals of assets of businesses in liquidation, receivership or bankruptcy, but not in routine purchases from regular suppliers;
(g) goods or services procured from the winner of a design contest, provided that:
(i) the contest is organized in a fair manner;
(ii) the procuring entity publishes on the New Brunswick Opportunities Network, for a period of time that the procuring entity considers sufficient to enable prospective suppliers to prepare their bid submissions, a notice of the contest containing sufficient information to enable prospective suppliers to determine if they wish to participate in the contest; and
(iii) the participants are judged by an independent jury with a view to awarding the design contract to the winner;
(h) goods on a commodity market; and
(i) goods or services resulting from additional deliveries by the original supplier of goods or services that were not included in the initial procurement, if a change of supplier for additional goods or services
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity.
2019-20; 2022-64
Mutual agreement permitted
158(1) A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) services with an estimated value of less than $50,000, if it can be shown that due to a need for specific skills, knowledge or experience, only one person or a very limited number of persons meet the requirements of the procurement;
(b) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;
(c) goods intended for resale to the public;
(d) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;
(e) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;
(f) health services and social services;
(g) goods or services procured from a Schedule A entity, a Schedule B entity, a government enterprise, another jurisdiction or a public body;
(h) fiscal agency or depository services;
(i) liquidation and management services on behalf of a regulated financial institution;
(j) services related to the sale, redemption, and distribution of the public debt of the Province or any other province or territory of Canada, including loans, bonds, debentures, notes, interest-bearing and non-interest-bearing treasury bills, certificates of indebtedness and any other securities representing part of the public debt of the Province or another province or territory of Canada;
(k) goods or services procured on behalf of or by non-governmental bodies that exercise governmental authority delegated to them;
(l) goods or services procured for the specific purpose of providing international assistance, including development aid, provided that the procuring entity does not discriminate on the basis of origin or location within Canada of goods, services or suppliers; and
(m) goods or services related to culture or cultural industries.
158(2) So long as a procuring entity is not doing so for the purpose of averting competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) goods and services that are strictly necessary and, for reasons of emergency brought about by an event unforeseeable by the following entities, cannot be obtained in a timely manner through an open competitive bidding process or a limited competitive bidding process:
(i) if the Minister procures the goods and services on behalf of a Schedule A entity, the Schedule A entity;
(ii) if the Minister procures the goods and services on behalf of a Schedule B entity, the Schedule B entity;
(iii) if a Schedule B entity procures the goods and services for itself, the Schedule B entity;
(iv) if a Schedule B entity procures the goods and services on behalf of another Schedule B entity, the other Schedule B entity; or
(v) if a Schedule B entity procures the goods and services on behalf of the Minister, the Minister;
(b) goods or services that, if procured by an open competitive bidding process, would impair the procuring entity’s ability to maintain security or order or to protect human, animal or plant life or health;
(c) goods that are legally restricted from moving interprovincially, if the restriction is consistent with the applicable trade agreements;
(d) advertising and public relation services, if the estimated value is less than $200,000;
(e) a prototype or a first good or service that is developed at the request of the procuring entity in the course of and for a particular contract for research, experiment, study or original development, including limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;
(f) goods or services of which the purchase is made under exceptionally advantageous conditions that only arise in the very short term, such as unusual disposals by enterprises that are not normally suppliers or disposals of assets of businesses in liquidation, receivership or bankruptcy, but not in routine purchases from regular suppliers;
(g) goods or services procured from the winner of a design contest, provided that:
(i) the contest is organized in a fair manner;
(ii) the procuring entity publishes on the New Brunswick Opportunities Network, for a period of time that the procuring entity considers sufficient to enable prospective suppliers to prepare their bid submissions, a notice of the contest containing sufficient information to enable prospective suppliers to determine if they wish to participate in the contest; and
(iii) the participants are judged by an independent jury with a view to awarding the design contract to the winner;
(h) goods on a commodity market; and
(i) goods or services resulting from additional deliveries by the original supplier of goods or services that were not included in the initial procurement, if a change of supplier for additional goods or services
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity.
2019-20
Mutual agreement permitted
158So long as a procuring entity is not doing so for the purpose of avoiding competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) services with an estimated value of less than $50,000, if it can be shown that due to a need for specific skills, knowledge or experience, only one person or a very limited number of persons meet the requirements of the procurement;
(b) goods or services immediately required due to an unforeseen emergency situation that is not attributable to the procuring entity and the goods or services cannot be obtained in a timely manner through an open procurement process;
(c) goods or services that, if procured by an open competitive bidding process, would impair the procuring entity’s ability to maintain security or order or to protect human, animal or plant life or health;
(d) goods intended for resale to the public;
(e) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;
(f) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;
(g) goods that are legally restricted from moving interprovincially, if the restriction is consistent with the applicable trade agreements;
(h) the services of a financial analyst or the management of investments by an organization, if that is one of the organization’s primary purposes;
(i) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;
(j) health services and social services;
(k) advertising and public relation services, if the estimated value is less than $200,000;
(l) goods and services procured from a Schedule A entity, a Schedule B entity, another jurisdiction or a public body;
(m) transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects;
(n) construction materials if it can be demonstrated that transportation costs or technical considerations impose geographical limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and premixed concrete used in the construction or repair of roads; and
(o) goods or services related to cultural or artistic fields.
Mutual agreement permitted
158So long as a procuring entity is not doing so for the purpose of avoiding competition among prospective suppliers or for the purpose of discriminating against a prospective supplier, a procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement in order to procure the following goods or services:
(a) services with an estimated value of less than $50,000, if it can be shown that due to a need for specific skills, knowledge or experience, only one person or a very limited number of persons meet the requirements of the procurement;
(b) goods or services immediately required due to an unforeseen emergency situation that is not attributable to the procuring entity and the goods or services cannot be obtained in a timely manner through an open procurement process;
(c) goods or services that, if procured by an open competitive bidding process, would impair the procuring entity’s ability to maintain security or order or to protect human, animal or plant life or health;
(d) goods intended for resale to the public;
(e) goods or services procured on behalf of an entity that is subject to neither the Act nor a trade agreement;
(f) goods or services procured from a philanthropic institution or goods manufactured by or services provided by incarcerated persons or persons with disabilities;
(g) goods that are legally restricted from moving interprovincially, if the restriction is consistent with the applicable trade agreements;
(h) the services of a financial analyst or the management of investments by an organization, if that is one of the organization’s primary purposes;
(i) financial services respecting management of a Schedule A entity’s or a Schedule B entity’s financial assets and liabilities, including treasury operations and ancillary advisory and information services, regardless of whether they are delivered by a financial institution;
(j) health services and social services;
(k) advertising and public relation services, if the estimated value is less than $200,000;
(l) goods and services procured from a Schedule A entity, a Schedule B entity, another jurisdiction or a public body;
(m) transportation services provided by locally-owned trucks for hauling aggregate on highway construction projects;
(n) construction materials if it can be demonstrated that transportation costs or technical considerations impose geographical limits on the available supply base, specifically in the case of sand, stone, gravel, asphalt compound and premixed concrete used in the construction or repair of roads; and
(o) goods or services related to cultural or artistic fields.