Division02-Existing Conditions
Division03-Concrete
Division31-Earthwork
Division32-Exterior Improvements
Division33-Utilities
***DOCUMENTS ARE AVAILABLE THROUGH THE CONSTRUCTION ASSOCIATION***
Bathurst High School
Site Improvements - Phase 2
Bathurst, NB
472-A20 BW5236
Amendment has been issued to include "Tariff Price Adjustment" clause.
ADDRESS ALL INQUIRIES TO
Roy Consultants
548 King Avenue
Bathurst, NB E2A 1P7
Attention
Civil
Francis Frenette
506 546-4484 Ext 2250,
francis.frenette@royconsultants.ca
CONTACT
Jerry Lapointe
506-543-0536
Jerry.Lapointe@nbed.nb.ca
This is a tender notice only. In order to submit a bid, you must obtain official tender documents from the New Brunswick Opportunities Network, another authorized tendering service or as indicated in the tender notice.
Effective December 1, 2022, the
Crown Construction Contracts Act and Regulations are repealed. This procurement is subject to the
Procurement Act and
Construction Services Regulation.
All bid submissions must be accompanied by a security deposit in the amount of ten percent (10%) of the total bid price. Further details related to bid bond requirements, contract term and insurance requirements are listed in the related tender documents.
The Province of New Brunswick reserves the right to waive minor non-compliance where such non-compliance is not of a material nature in its sole and absolute discretion, or to accept or reject in whole or in part any or all Bids, with or without giving notice. Such minor non-compliance will be deemed substantial compliance and capable of acceptance. The Province will be the sole judge of whether a Bid is accepted or rejected.
Excluded Jurisdictions
1. In accordance with section 143.1 of Regulation 2022-78 under the Procurement Act, US Bids for this solicitation may be refused at the sole discretion of the Government of New Brunswick. Refused bids will not be returned and there will be no further notification to refused bidders.
2. For the purpose of this section:
2.1 "US Bid" means a bid submission from:
a) a US Entity, or
b) a joint venture, syndicate, partnership or other business combination or cooperative arrangement in combination with a US Entity that is submitted from a Place of Business within the United States of America.
2.2 "US Entity" means
a) a business or professional organization, including without limitation a corporation, partnership, joint venture, professional corporation, limited liability company, sole proprietorship, trust or association or other commercial organization, that is created, established, formed or incorporated in any jurisdiction in the United States of America; and
b) any entity that is owned or controlled by an entity listed in paragraph 2.2(a); and
2.3 "Place of Business" means an establishment where a vendor or manufacturer conducts activities on a permanent basis, is clearly identified by name and is accessible during normal business hours.
This procurement is subject to the Canadian Free Trade Agreement.
Further details related to bid bond requirements, contract term and insurance requirements are listed in the related tender documents.
Tariffs Price Adjustments
Suppliers should prepare bid submissions based on information and costs known at the time of submission. If the price of any goods included within this solicitation is affected by new, previously undisclosed tariffs or duties implemented after the bid submission period has closed and/or the supplier has been awarded a purchase order and/or contract, suppliers may request a price increase from the Government of New Brunswick (GNB) to offset the increased costs (a "Tariff Price Adjustment") as
outlined in this section.
Before requesting a Tariff Price Adjustment from GNB, suppliers should first seek refund or relief from applicable federal and provincial/territorial government applicable tariff relief programs.
If the supplier is unable to obtain financial relief or support from federal and/or provincial/territorial governments, suppliers may request a Tariff Price Adjustment for the affected goods, after providing sufficient evidence that financial relief or support was denied.
Suppliers must substantiate any Tariff Price Adjustment request with supporting information and documentation satisfactory to GNB in its sole discretion, including but not limited to: 1) A detailed description of the goods on which a price increase is sought, the associated HS codes, and the applicable tariffs; 2) Detailed breakdown of how tariffs have impacted the supplier's operations and/or supply chain, including raw materials, production, and shipping; 3) A cost comparison before and after
the tariffs, showing how they directly impact the supplier's pricing, and the supplier's plans to mitigate cost pressures; 4) Evidence demonstrating the supplier's inability to source the goods or substitutes from non-US suppliers, or other factors preventing the sourcing of the goods or substitutes from non-US suppliers (e.g., contractual obligations); and 5) Any supportive or corroborative information, such as communications from the supplier's supply chain or logistics partners, which
confirms the impact of tariffs on the supplier's costs.
Requests for Tariff Price Adjustments should be sent to the contact person on the Purchase Order. Acceptance of any price increase is solely at the Government of New Brunswick's discretion, and subject to any conditions imposed at the time of approval.
All bids will be deemed to have been submitted in contemplation of the above noted potential adjustments to price. By submitting a bid, each supplier acknowledges that the other suppliers who have submitted bids may obtain a Tariff Price Adjustment in accordance with the requirements noted above, and waives any claim, action or proceeding against GNB relating to a Tariff Price Adjustment to any contract arising from this solicitation.
