 
         
|
 |
AGREEMENTS,
LEGISLATION AND POLICIES REGARDING PUBLIC PROCUREMENT IN NEW BRUNSWICK
ATLANTIC PROCUREMENT AGREEMENT (APA)
The
Atlantic Procurement Agreement is an agreement among the governments
of the four Atlantic provinces which establishes basic principles
for procurement of goods services and construction by these provinces.
The Agreement was originally signed in 1992 and was updated in 1996
to extend coverage to academic institutions (i.e. universities),
schools and hospitals and to ensure that it was compatible with
the Agreement on Internal Trade.
The agreement is available in both official languages:
Questions
concerning this agreement may be address to:
Department of Supply and Services
Mr. Richard Dunphy
Executive Director, Supply and General Services
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
Phone: (506) 453-8737
Fax: (506) 453-7462
E-mail: richardd@gov.nb.ca
or
Department of Economic Development and Tourism
Mr. John Adams
Executive Director, Industry Services
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
Phone: (506) 453-2298
Fax: (506) 457-7282
E-mail: johna@gov.nb.ca
New Brunswick vendors are advised that they have certain specific
privileges when bidding on covered procurements from other parties
to this agreement. You are strongly encouraged to report any difficulties
or problems to one of the contact points listed above.
The
provinces of New Brunswick and Quebec have signed a bilateral agreement
which establishes some basic principles governing public procurement
of goods, services and construction by the governments of these provinces.
The agreement covers procurement by central government departments
and agencies in both provinces.
The text of this agreement is available in both official languages
at:
Questions
concerning this agreement may be address to:
Department of Supply and Services
Mr. Richard Dunphy
Executive Director, Supply and General Services
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
Phone: (506) 453-8737
Fax: (506) 453-7462
E-mail: richardd@gov.nb.ca
New Brunswick vendors are advised that they have certain specific
privileges when bidding on covered procurements from the province
of Quebec. You are strongly encouraged to report any difficulties
or problems to the contact point listed above.
In
1995 all ten provinces along with the federal government and the governments
of the territories signed a major agreement covering several aspects
of internal trade within Canada. Chapter 5 of that agreement contains
detailed provisions regarding public procurement of goods, services
and construction by the parties.
The full text of this agreement is available in both official languages
at:
http://xinfo.ic.gc.ca/ic-data/economy/internal.trade/toc-eng.html
Questions concerning the procurement provisions of this agreement
may be addressed to:
Mr. Richard Dunphy
Executive Director, Supply and General Services
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
Phone: (506) 453-8737
Fax: (506) 453-7462
E-mail: richardd@gov.nb.ca
New Brunswick vendors are advised that they have certain specific
privileges when bidding on covered procurements from other parties
to this agreement. You are strongly encouraged to report any difficulties
or problems to the contact point listed above.
The
MASH sector includes municipalities, municipal organizations, academic
institutions, schools and health and social services organizations.
The provinces are developing provisions under the agreements listed
above to extend coverage to procurement by these bodies. As of September
1, 1997 the MASH sector is not covered by the provisions of the Quebec-New
Brunswick Procurement Agreement or the Agreement on Internal Trade.
The Atlantic Procurement Agreement currently covers procurement by
universities, schools and hospitals but not municipalities. It is
expected that municipalities will be included in the near future.
In
New Brunswick the procurement of goods and services by central government
departments and agencies, certain crown corporations, municipalities,
regional landfill corporations, universities, schools and hospitals
is governed by the Public Purchasing Act and its regulations. This
legislation defines the tendering process which must be used, exemptions,
etc. and lists all covered organizations. For central government departments
and agencies as well as schools, the Minister of Supply and Services
is responsible for all goods and services procurement. The Central
Purchasing Branch of the Department of Supply and Services is responsible
for conducting the procurement process on behalf of the Minister.
Other covered bodies are responsible for conducting their own procurements
as prescribed by the legislation.
To obtain official copies of the Act and Regulations contact:
The Queen's Printer
Department of Justice
P.O. Box 6000
Fredericton, NB
E3B 5H1
Phone: 453-2520
Fax: 457-7899
For
procurements above the thresholds defined in the interprovincial procurement
agreements, the province is required to treat goods, services and
suppliers from other provinces in exactly the same manner as a New
Brunswick supplier would be treated. Consideration of local content
or economic benefits that favor New Brunswick suppliers is forbidden
for these procurements.
For procurements which are not covered by those agreements, the
province may apply a small preference for New Brunswick products,
services or suppliers. When determining if a preference will be
given, the Central Purchasing Branch will apply a policy of reciprocal
treatment to bidders from other provinces. This means that the Branch
will consider how New Brunswick bidders are treated in those other
provinces before determining if a preference will be used and the
extent to which it may be applied.
The following statement from the standard terms and conditions used
in all goods and services tenders explains the use of preferences:
"Vendors
are advised that, for procurements which are not subject to the
provisions of one or more of the interprovincial procurement agreements,
the province of New Brunswick reserves the right to apply provincial
or regional preferences, consider local content in the evaluation
of bids and/or refuse to consider bids from vendors from other jurisdictions
when it is considered to be in the best interests of the province.
When determining the use of these conditions, the province will
consider, among other factors, the extent to which New Brunswick
vendors have access to equivalent procurement opportunities in those
jurisdictions and the treatment accorded by those jurisdictions
to bids from New Brunswick vendors. The province will be the sole
judge of whether these conditions will be used and the extent to
which they will be applied."
NOTE:
Bidders are cautioned that such preferences will not be applied in
all cases. The Branch will apply the Reciprocal Treatment Policy and
will only use preferences when it is considered to be in the province's
best interests. In no instance will a preference of greater than 5%
of the lowest bid price be considered. When considering the amount
of preference to be applied, the total provincial or regional content
in the bids will be considered. The decision on the use of preferences
and the amount applied will be final and non-negotiable. ">
|
