TES-006 - Tendering Policy for Construction Contracts_2004SAINT IOUIN
Subject: Tendering Policy for Construction
Category: Policy
Contracts
Policy No.: TES -006
M&C Report No.:
Effective Date: 2004-01-01
Next Review Date: (3 years)
Area(s) this policy applies to: Procurement
Office Responsible for review of this Policy:
Transportation and Environment
Related Instruments:
Policy Sponsor: Commissioner of Transportation
and Environment
Document Pages: This document consists of 5
pages.
Revision History:
Common Clerk's Annotation for Official eRecord
Date of Passage of Current Framework:_November
19, 2003
1 certify that this Policy was adopted by Common Council as indicated above.
May 9, 2017
Common Clerk
Date
Date Created:
Common Council Approval Date:
Contact:
n/a
2003-11-19
Commissioner of Transportation and
Environment
TABLE OF CONTENTS
1. PREAMBLE....................................................................................................................................1
2. POLICY AND APPLICABLE STATUSES.............................................................................................1
3. APPLICATION OF POLICY..............................................................................................................2
4. PUBLIC NOTICE OF TENDER/TENDER ADVERTISEMENT..............................................................2
S. TENDER DOCUMENTATION.........................................................................................................2
6. TENDER PROCESSING...................................................................................................................3
7. TENDER OPENING COMMITTEE...................................................................................................3
8. TENDER REJECTION AND AWARD OF CONTRACT........................................................................3
9. GENERAL SPECIFICATIONS...........................................................................................................3
10. APPROVAL AND EFFECTIVE DATE...............................................................................................3
Division 2 — Instructions to Tenderers and Tendering Procedures
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City of Saint john
TENDERING POLICY FOR CONSTRUCTION CONTRACTS
PREAMBLE
Whereas the City of Saint John seeks to duly represent the public interest in the management of
its public tendering process for construction contracts;
And whereas taxpayers/ratepayers have the right to expect the benefits of free and open
competition, that is, the best goods and services at the lowest possible prices;
And whereas municipal tendering should duly respect the place of other stakeholders, including
vendors and contractors, in the process;
And whereas the values of integrity, effectiveness, due process and efficiency must be inherent in
the process;
Common Council establishes this tendering policy for construction contracts
POLICY AND APPLICABLE STATUTES
Persons and/or companies that submit tenders for construction contracts are deemed to have
understood and agreed to the requirements of this policy and all applicable tender
documentation, as well as all applicable Municipal by-laws and Federal or Provincial statutes.
Applicable federal and provincial statutes include, but are not limited to: the Canada Competition
Act; the New Brunswick Public Procurement Act; the New Brunswick Crown Construction Act;
and the New Brunswick Municipalities Act.
January 2004 2-17
Division 2 — Instructions to Tenderers and Tendering Procedures
APPLICATION OF POLICY
The City of Saint John seeks to optimize fair, open and independent competition for municipal
construction work and to afford interested and qualified contractors the opportunity to seek the
business.
This policy has been established for construction contracts valued in excess of $100,000 (before
HST). The procedures detailed herein shall apply to all publicly advertised tender calls issued on
behalf of the City of Saint John for construction contracts, but do not apply to publicly advertised
tenders for the supply of goods and/or services or to invited bids or calls for proposal.
The following divisions of tender specifications for construction contracts form part of this policy:
Instruction to Tenderers and Tendering Procedures (Division 2); Form of Tender (Division 4); and
Form of Agreement (Division 5).
PUBLIC NOTICE OF TENDER/TENDER ADVERTISEMENT
A public notice of tender shall be issued for all construction contracts valued in excess of one
hundred thousand dollars ($100,000). The notice shall state the contract number, a brief
description, the date and the time for the closing of tenders, the location of the locked box for receipt
of tenders, and the date, time and location of the tender opening.
TENDER DOCUMENTATION
The following documentation shall be provided to those persons or companies who wish to submit a
tender, at an appropriate cost as determined by the Chief City Engineer:
1. Division 1: Project Description — as determined by the Chief City Engineer or his designate;
2. Division 2: Instruction to Tenderers and Tendering Procedures — forming part of this policy;
3. Division 3: Particular Specifications - as determined by the Chief City Engineer or his
designate;
4. Division 4: Form of Tender - forming part of this policy, and including a Certificate of
Independent Tender Determination;
5. Division 5: Form of Agreement - forming part of this policy;
6. A notice that Division 6: General Administration of Contract and Division 7: Construction of
Municipal Services of the General Specifications apply to all contracts, and that it is the
responsibility of the tenderer to familiarize himself with the provisions in Divisions 6 and 7, as
well as those of any other division in the General Specifications determined by the Chief City
Engineer or his designate to be applicable to the contract; and
7. Applicable contract drawings, as determined by the Chief City Engineer or his designate.
January 2004 2-18
TENDER PROCESSING
Division 2 — Instructions to Tenderers and Tendering Procedures
Tenders shall be received and processed in accordance with the provisions set out in Division 2:
Instruction to Tenderers and Tendering Procedures.
TENDER OPENING COMMITTEE
A tender opening committee is hereby established, consisting of a chairman and two members,
as follows:
Chairman: Purchasing Agent or his designate
Member: Chief City Engineer or his designate
Member: A member of staff designated by the City Manager
The committee shall proceed in accordance with the provisions set out in Division 2.
TENDER REJECTION AND AWARD OF CONTRACT
The City of Saint John reserves the right to reject any or all tenders, or to accept a tender other than
the lowest tender and to accept the tender deemed to be in its best interests, based on evaluation
of relevant criteria, including quality, service and price.
Common Council shall make the decision as to whether or not a contract shall be awarded and to
whom it will be awarded.
GENERAL SPECIFICATIONS
The Chief City Engineer may, from time to time, revise the technical provisions of the General
Specifications to reflect changes in technology, methods or construction industry practices.
APPROVAL AND EFFECTIVE DATE
This policy, adopted by Common Council on November 19, 2003, shall become effective on
January 1st, 2004.
January 2004 2-19