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Acts and Regulations
2014-93
- Goods and Services
Summary
Enabling Act
1
Regulation number
Title
2012, c.20
Procurement Act
Full text
Detailled Table of Contents
Current to 13 December 2023
Goods and Services
1
Citation
1
 INTERPRETATION
2
Definitions
3
Competitive bidding process
4
Mixed procurement of goods and services
4.1
Adjustment for inflation
5
Estimated value - international trade agreements
2
 PROCUREMENT FOR SCHEDULE A ENTITIES
A
 Rules for Procurement
6
Appropriate authorizations
7
Standing offer agreement
8
Printing services
9
Translation and interpretation services
9.1
Information technology services
9.2
Information technology goods
10
Goods from Central Stores
11
Goods procured by the Minister
12
Exemption from procuring through the Minister
13
Procuring goods valued between specified amounts
13.1
Procuring goods valued below trade agreement thresholds for specified Schedule A entities
13.2
Procuring goods valued between specified amounts for specified Schedule A entities
14
Procuring services valued between specified amounts
14.1
Procuring services valued below trade agreement thresholds for specified Schedule A entities
14.2
Procuring services valued between specified amounts for specified Schedule A entities
15
Limited competitive bidding
16
Procuring goods and services valued above amounts referred to in section 13, 13.2, 14 or 14.2
17
Authorized procurement methods
B
 Exemptions - General Provisions
18
Application
19
Schedule A entity may procure through the Minister
20
Exemptions for all Schedule A entities
C
 Special Exemptions for Schedule A entities
21
Department of Agriculture, Aquaculture and Fisheries
22
Elections New Brunswick
23
Department of Post-Secondary Education, Training and Labour
24
Department of Education and Early Childhood Development
25
Department of Health
26
Department of Justice and Public Safety
26.1
Department of Public Safety
27
Office of the Attorney General
28
Department of Public Safety
29
Department of Natural Resources and Energy Development
30
Department of Social Development
31
Department of Tourism, Heritage and Culture
32
Department of Transportation and Infrastructure
D
 Disqualification of Prospective Suppliers
i
 Disqualification
33
Disqualification
33.1
Commencement of the disqualification period
34
Elements of past performance
35
Conditions precedent
36
Objection in writing
37
Objection in person
38
Decision
39
Conditions on disqualification
40
Decision is final
41
Judicial review
41.1
Automatic reinstatement
42
Application for reinstatement
43
Reinstatement
44
Subsequent applications for reinstatement
45
Total period of disqualification
46
Subsequent disqualification
47
Subsequent disqualification - period of disqualification
48
Disqualification during performance of a procurement contract
49
Disqualification during procurement process
50
Prospective supplier not an individual
ii
 Disqualification for Offences
51
Automatic disqualification
52
Guilty verdict during performance of procurement contract
53
Guilty verdict during procurement process
54
Commencement of the disqualification period
55
Disqualification not retrospective
3
 PROCUREMENT BY SCHEDULE B ENTITIES
A
 Rules for Procurement
56
Appropriate authorizations
57
Procurement on behalf of a private organization
58
Procuring goods and services valued below specified amounts
59
Procuring goods and services valued above amounts referred to in section 58
60
Authorized procurement methods
B
 Exemptions
61
New Brunswick Power Corporation and New Brunswick Energy Marketing Corporation
62
New Brunswick Highway Corporation
63
New Brunswick Community College / Collège communautaire du Nouveau-Brunswick
C
 Disqualification of Prospective Suppliers
i
 Disqualification
64
Disqualification
64.1
Commencement of disqualification period
65
Elements of past performance
66
Conditions precedent
67
Objection in writing
68
Objection in person
69
Decision
70
Conditions on disqualfiication
71
Decision is final
72
Judicial review
72.1
Automatic reinstatement
73
Application for reinstatement
74
Reinstatement
75
Subsequent applications for reinstatement
76
Total period of disqualification
77
Subsequent disqualification
78
Subsequent disqualification - period of disqualification
79
Disqualification during performance of a procurement contract
80
Disqualification during procurement process
81
Prospective supplier not an individual
ii
 Disqualification for Offences
82
Automatic disqualification
83
Guilty verdict during performance of procurement contract
84
Guilty verdict during procurement process
85
Commencement of the disqualification period
86
Disqualification not retrospective
4
 PROCUREMENT - GENERAL PROVISIONS
A
 Procurement Rules - Competitive Bidding Process
i
 Solicitation for Tenders
87
Establishment of prequalification list
88
Use of prequalification list
89
Solicitation notice
90
Trade agreements
91
Notice of planned procurement
92
Official solicitation documents
93
Same information to all
94
Fair, equal and equitable treatment
95
Criteria in addition to price
96
Minimum solicitation period - open competitive bidding
97
Solicitation period - notice of procurement
98
Solicitation period - limited competitive bidding
99
Amendment of solicitation documents
100
Shortening of solicitation period
101
Extension of solicitation period
102
Request for clarification
103
Response to clarification request
104
Communication of clarifying information
ii
 Bid Submissions
105
Bid submissions
106
Amending bid submissions
iii
 Receipt of Bid Submissions
107
Date and time of official receipt
108
Limit to confidentiality
109
Closure of solicitation period
110
Withdrawal of bid submissions
111
Late bid submissions
112
Bid submissions received by fax transmission
iv
 Opening of Bid Submissions
113
Who opens bid submissions
114
Public opening of bid submissions
115
Rejection of bid submissions
116
Decision to reject final
116.1
Rectification of bid submission
117
No award on opening
118
Disclosure of information
119
Examination for compliance
120
Minor non-compliance
v
 Evaluation of Bids
121
Evaluation standard
122
Evaluation according to solicitation documents
123
Discrepancy in price or miscalculation
124
Abnormally low price
125
Clarification of bids
126
Cancellation of a competitive bidding process
127
Negotiations during procurement process
vi
 Preferential Treatment
128
Conditions precedent
129
Prospective supplier may be advantaged only once
130
Preferential treatment permitted below trade agreement thresholds
131
Application of preferential treatment under section 130
132
Preferential treatment permitted for New Brunswick suppliers
133
Evaluations based on price
134
Evaluations based on points
135
Price Ranges
136
Order of priority
137
Preferential Treatment for Canadian value-added
vii
 Awarding Procurement Contract
138
Authorization for procurement $500,000 or greater
139
Award - evaluations on price
140
Award - evaluations on points
141
Prequalification list - evaluations on points
142
Award - Tie among bid submissions
143
Award documents
144
Contract substantially similar
145
Notice of award
viii
 Disclosure Following Award
146
Disclosure - competitive bidding process
147
Disclosure - procurement by mutual agreement
148
Debriefing
149
Confidentiality
ix
 Standing Offer Agreements
150
Establishment of standing offer agreement
151
Use of standing offer agreement
B
 Alternative Procurement Methods
152
Limited competitive bidding - eligible goods and services
153
Limited competitive bidding - international trade agreements
154
Procurement restricted to specific product
155
Procurement restricted to Canadian goods, Canadian services or Canadian suppliers
156
Mutual agreement if only one supplier
157
Mutual agreement if only one supplier - international trade agreements
157.1
ACAN
158
Mutual agreement permitted
159
Mutual agreement permitted - international trade agreements
160
Regional economic development – Schedule A entities subject to trade agreements
161
Regional economic development – exemption for Schedule B entities subject to trade agreements
161.1
Regional economic development – exemption for Schedule A entities and Schedule B entities not subject to trade agreements
161.2
Procurement set-aside for small businesses
5
 GENERAL PROVISIONS
162
Procurement documented
163
Prohibitions
164
Temporary exemptions
165
Joint procurement
166
Professional services exempted
166.1
Goods and services exempted
6
 COMMENCEMENT
167
Commencement
SCHEDULE A
SCHEDULE B
SCHEDULE C
0
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