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Acts and Regulations
2022-78
- Construction Services
Summary
Enabling Act
1
Regulation number
Title
2012, c.20
Procurement Act
Full text
Detailled Table of Contents
Current to 13 December 2023
Construction Services
1
Citation
1
 INTERPRETATION
2
Definitions
3
Competitive bidding process
4
Adjustment for inflation
2
 PROCUREMENT FOR SCHEDULE 1 ENTITIES
A
 Procurement Rules
5
Appropriate authorizations
6
Standing offer agreement
7
Exemption from procuring through the Minister
8
Procuring construction services valued below $50,000
9
Procuring construction services valued between specified amounts
10
Procuring construction services valued at or above specified amounts
11
Authorized procurement methods
12
Prospective New Brunswick contractors
B
 Disqualification of
 Prospective Contractors
i
 Disqualification
13
Disqualification
14
Commencement of disqualification period
15
Elements of past performance
16
Conditions precedent
17
Objection in writing
18
Objection in person
19
Decision
20
Terms and conditions
21
Automatic reinstatement
22
Application for reinstatement
23
Reinstatement
24
Subsequent disqualification
25
Disqualification during performance of a procurement contract
26
Disqualification during procurement process
27
Prospective contractor not an individual
ii
 Disqualification for Offences
28
Automatic disqualification
29
Guilty verdict during performance of procurement contract
30
Guilty verdict during procurement process
31
Commencement of disqualification period
32
Disqualification not retrospective
3
 PROCUREMENT FOR
 SCHEDULE 2 ENTITIES
A
 Procurement Rules
33
Appropriate authorizations
34
Procuring construction services valued below $50,000
35
Procuring construction services valued between specified amounts
36
Procuring construction services valued at or above specified amounts
37
Authorized procurement methods
38
Prospective New Brunswick contractors
B
 Exemptions
39
New Brunswick Power Corporation and New Brunswick Energy Marketing Corporation
C
 Disqualification of Prospective Contractors
i
 Disqualification
40
Disqualification
41
Commencement of disqualification period
42
Elements of past performance
43
Conditions precedent
44
Objection in writing
45
Objection in person
46
Decision
47
Terms and conditions
48
Automatic reinstatement
49
Application for reinstatement
50
Reinstatement
51
Subsequent disqualification
52
Disqualification during performance of a procurement contract
53
Disqualification during procurement process
54
Prospective contractor not an individual
ii
 Disqualification for Offences
55
Automatic disqualification
56
Guilty verdict during performance of procurement contract
57
Guilty verdict during procurement process
58
Commencement of disqualification period
59
Disqualification not retrospective
4
 PROCUREMENT – GENERAL PROVISIONS
A
 Procurement Rules –Competitive Bidding Process
i
 Solicitation for Bid Submissions
60
Prequalification list
61
Use of prequalification list
62
Solicitation notice
63
Notice of planned procurement
64
Official solicitation documents
65
Same information to all
66
Fair, equal and equitable treatment
67
Criteria in addition to price
68
Minimum solicitation period – open competitive bidding process
69
Solicitation period – limited competitive bidding process
70
Amendment of solicitation documents
71
Shortening of solicitation period
72
Extension of solicitation period
73
Request for clarification
74
Response to clarification request
75
Communication of clarification
ii
 Bid Bonds and Bid Security Deposits
76
Bid bond
77
Performance bond and labour and material payment bond
78
Bid security deposit
79
Bid security deposit for due performance
80
Refusal to enter into procurement contract
81
Price list
iii
 Bid Submissions
82
Bid submissions
83
Amending bid submissions
iv
 Receipt of Bid Submissions
84
Date and time of official receipt
85
Confidentiality
86
Closure of solicitation period
87
Withdrawal of bid submissions
88
Late bid submissions
89
Bid submissions received by fax transmission
v
 Opening of Bid Submissions
90
Designated person opens bid submissions
91
Opening of bid submissions
92
Rejection of bid submissions
93
Rectification of bid submission
94
No award on opening
95
Disclosure of information
96
Examination for compliance
97
Minor non-compliance
vi
 Evaluation of Bid Submissions
98
Evaluation standard
99
Evaluation according to solicitation documents
100
Discrepancy in price or miscalculation
101
Clarification of bid submissions
102
Abnormally low price
103
Cancellation of a competitive bidding process
104
Negotiations during competitive bidding process
vii
 Preferential Treatment
105
Definitions
106
Conditions precedent
107
Prospective contractor may be advantaged only once
108
Preferential treatment based on estimated value
109
Application of preferential treatment under section 108
110
Preferential treatment for New Brunswick contractors
111
Evaluations based on price
112
Evaluations based on point system
113
Price ranges
114
Preferential treatment for Canadian value-added
viii
 Awarding Procurement Contract
115
Approval for procurement $1,000,000 or greater
116
Award – evaluations based on price
117
Award – evaluations based on point system
118
Prequalification list – evaluations based on point system
119
Award – tie among bid submissions
120
Notice of successful bid submission
121
Extension – notice of successful bid submission
122
Bid submission is binding
123
Other sub-contractor
124
Obligations of successful contractor
125
Procurement contract substantially similar
126
Notice of award
ix
 Disclosure Following Award
127
Disclosure – competitive bidding process
128
Disclosure – procurement by mutual agreement
129
Debriefing
130
Confidentiality
x
 Standing Offer Agreements
131
Establishment of standing offer agreement
132
Use of standing offer agreement
B
 Alternative Procurement Methods
133
Limited competitive bidding process – international trade agreements
134
Procurement restricted to Canadian construction services or Canadian contractors
135
Mutual agreement if only one contractor
136
Advance contract award notice
137
Mutual agreement permitted
138
Mutual agreement permitted – international trade agreements
139
Regional economic development – exemption for Schedule 1 entities subject to trade agreements
140
Regional economic development – exemption for Schedule 2 entities subject to trade agreements
141
Regional economic development – exemption for Schedule 1 entities and Schedule 2 entities not subject to trade agreements
142
Procurement set-aside for small businesses
5
 GENERAL PROVISIONS
143
Procurement contract forms
144
Insurance
145
Procurement documented
146
Prohibitions
147
Joint procurement
6
 COMMENCEMENT
148
Commencement
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
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