Acts and Regulations

82-109 - General

Full text
11(1)A tender submitted for a proposed contract to which the Act and this Regulation apply shall be rejected and the tender shall not be considered if the tender
(a) is not accompanied by the required bid security deposit or bid bond in an amount equal to or greater than the amount stipulated,
(b) is not accompanied by a bid bond meeting the requirements of subsection 15(4), where a bid bond is required by the tender call,
(c) is not accompanied by a letter from a New Brunswick resident agent of an insurance company licensed to do business in the Province stating that the bid bond, where required, has been negotiated for, procured from and the premium paid to that agent,
(d) is not properly signed by the tenderer,
(e) does not contain the bid price, unit price or fixed price written in words,
(f) does not have the words “dollars” and, where applicable, “cents” set out in the written item bid,
(g) contains any form of qualification of or, unless the tender documents otherwise provide, any unsolicited alternative to the tender,
(h) does not contain a bid for each item required to be bid,
(i) contains a bid on an item not included in the bid form,
(j) in the case of a tender call that requires the submission of paper based tenders, is not contained in an envelope having on the face of it the name of the tenderer and identification of the contract for which the tender is submitted,
(k) does not contain all addenda issued to prospective tenderers, each signed by the tenderer,
(l) is the second one submitted by the same tenderer, in which case all tenders submitted by that tenderer shall be rejected,
(m) in the case of a tender call that requires the submission of paper based tenders, is made by a tenderer not listed or by a consortium which or each member of which is not listed by the Crown as having received tender documents from the Crown,
(n) contains a change in a written bid price not initialled by the tenderer,
(o) omits any document required by or fails to comply with any provisions of the tender documents, or
(p) otherwise materially deviates from accepted tendering practices.
11(2)Subject to subsection (1), a tender submitted for a proposed contract to which the Act and this Regulation apply may be accepted notwithstanding that it contains
(a) errors in mathematics, in which case the proper computation shall be carried out and the resultant total used in determining the tender value,
(b) a conflict between the written bid price and the bid price in numbers, in which case the bid shall be corrected to reflect the written bid price, or
(c) omission of a “provisional sum”, in which case the required “provisional sum” shall be inserted and the tender shall be corrected to reflect its inclusion where the “provisional sum” is specified by the Crown for a unit price contract, but the tender shall be rejected where the “provisional sum” is specified by the Crown for a fixed price contract.
11(3)The decision to accept or reject a tender as a valid submission of tender made at the time of tender opening by the Crown representative is final.
2021-59
11(1)A tender submitted for a proposed contract to which the Act and this Regulation apply shall be rejected and the tender shall not be considered if the tender
(a) is not accompanied by the required bid security deposit or bid bond in an amount equal to or greater than the amount stipulated,
(b) is not accompanied by a bid bond meeting the requirements of subsection 15(4), where a bid bond is required by the tender call,
(c) is not accompanied by a letter from a New Brunswick resident agent of an insurance company licensed to do business in the Province stating that the bid bond, where required, has been negotiated for, procured from and the premium paid to that agent,
(d) is not properly signed by the tenderer,
(e) does not contain the bid price, unit price or fixed price written in words,
(f) does not have the words “dollars” and, where applicable, “cents” set out in the written item bid,
(g) contains any form of qualification of or, unless the tender documents otherwise provide, any unsolicited alternative to the tender,
(h) does not contain a bid for each item required to be bid,
(i) contains a bid on an item not included in the bid form,
(j) is not contained in an envelope having on the face of it the name of the tenderer and identification of the contract for which the tender is submitted,
(k) does not contain all addenda issued to prospective tenderers, each signed by the tenderer,
(l) is the second one submitted by the same tenderer, in which case all tenders submitted by that tenderer shall be rejected,
(m) is made by a tenderer not listed or by a consortium which or each member of which is not listed by the Crown as having received tender documents from the Crown,
(n) contains a change in a written bid price not initialled by the tenderer,
(o) omits any document required by or fails to comply with any provisions of the tender documents, or
(p) otherwise materially deviates from accepted tendering practices.
11(2)Subject to subsection (1), a tender submitted for a proposed contract to which the Act and this Regulation apply may be accepted notwithstanding that it contains
(a) errors in mathematics, in which case the proper computation shall be carried out and the resultant total used in determining the tender value,
(b) a conflict between the written bid price and the bid price in numbers, in which case the bid shall be corrected to reflect the written bid price, or
(c) omission of a “provisional sum”, in which case the required “provisional sum” shall be inserted and the tender shall be corrected to reflect its inclusion where the “provisional sum” is specified by the Crown for a unit price contract, but the tender shall be rejected where the “provisional sum” is specified by the Crown for a fixed price contract.
11(3)The decision to accept or reject a tender as a valid submission of tender made at the time of tender opening by the Crown representative is final.