This procurement is subject to the provisions of the Canadian Free Trade Agreement, the Canada-European Union Comprehensive Economic and Trade Agreement, the Agreement on Government Procurement under the World Trade Organization and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
No totals required.
FUEL OILS
***** Amendment #4 *****
The following bidder questions have been received:
Q1. Would the Province be willing to include a mutual waiver of consequential loss provision into the terms and conditions as part of the Summary of Tender Information Document? The language we would like to include is:
UNDER NO CIRCUMSTANCES WILL EITHER PARTY, THEIR RESPECTIVE AFFILIATES AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS AND PERSONNEL BE LIABLE HEREUNDER TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS REVENUES OR PROFITS, WORK STOPPAGE, DOWNTIME COSTS, LOSS OF USE OR EQUIPMENT OR FACILITIES, COST OF CAPITAL, DATA LOSS, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, GROSS NEGLIGENCE
OR STATUTE.
A1. The following clause will be added as Section 24 of the Summary of Tender information:
LIABILITY AND INDEMNITY
24.1 Each Party (the "Indemnifying Party") will
a) be liable to the other Party and its Personnel for any Losses that may be incurred by the other Party or its Personnel arising out of any breach of this Contract or any negligence or wilful misconduct by the Indemnifying Party or its Personnel in the performance or non-performance of this Contract; and
b) indemnify and defend the other Party and its Personnel from and against any Losses and Claims that may be claimed, made or brought by any third party against the other Party or its Personnel, or which any of them may incur, arising from any act or omission of the Indemnifying Party or its Personnel,
except to the extent that the Claim or Loss arises from the negligence or wrongdoing of the other Party or its Personnel.
24.2 Neither Party will be liable to the other under this Contract for any Losses of an indirect, incidental, contingent, special, consequential or punitive nature, including any losses of profit or anticipated business, except that this Section 24.2 will not limit any liabilities or obligations under Section 24.1 (b).
This clause has been added to the Summary of tender information. See "Section 24".
Q2. Regarding the lost or stolen card mechanism set out in section 19, the cards are managed by Merchant Services Providers. We would request that the contractual process set out in the agreement includes a requirement for the Province to contact the appropriate Merchant Services Provider to advise of a lost or stolen card, which will result in the card being cancelled quickly and accurately. The card cancellation will be effective once the Merchant Services Provider is contacted; we are not
able to cancel cards, and the cards will still be effective if only the oil company is notified.
A2. We currently follow a process that once a card is declared lost/stolen the card is cancelled on all channels and should it be found or attempted to be used fraudulently it will be declined.
Q3. We ask for section 21 to be removed.
A3. Section 21 cannot be removed, however, comments can be made during bid and will be taken under consideration.
Q4. Regarding the assignment clause contained in the Invitation to Tender, can the further qualification 'which such consent shall not be unreasonably withheld or delayed' into the clause?
A4. The following clause shall replace the clause noted in Q4 (for this tender only): "No right or duty, in whole or in part, of the vendor under a contract issued may be assigned or delegated without the prior consent of the Strategic Procurement Branch; which consent shall not be unreasonably delayed, withheld or conditioned."
The "Bid Instructions" section under "Tender Details" have been revised to remove a mandatory requirement to bid on all items. It remains mandatory to bid on the Fuel Discount Item 1.1.
All other information remains the same.
*****
***** Amendment #3 *****
Please note that the closing date has been extended until May 31, 2024.
All other information remains the same.
*****
***** Amendment #2 *****
The following bidder questions have been received:
Q1: There are some provisions contained within the terms and conditions associated within Tender # 0195011-25 that we would like to modify. Is the appropriate way to negotiate such terms to qualify our bid on the basis that terms and conditions are to be negotiated to each party's mutual satisfaction?
A1: Terms and conditions are not subject to being modified as a condition of a bid. However, if there are specific terms or conditions that you would like to ask a question about, please feel free to submit this question. If we deem that a change or adjustment is warranted, the tender will be amended accordingly.
Q2: Regarding the total annual consumption stated of 10.6 million litres, can you please provide a breakdown of volume by fuel type - Gasoline, diesel, lubricants, other products - fluids? Is all this volume purchased at retail petroleum stores or is some of this government yard tank fuel?
A2: Approx annual volume of gas = 4 million litres
Approx annual volume of diesel = 2.5 million litres
Approx annual volume of propane = 100,000 litres
This is for external fuel only and does not include DTI sites (internal).
Q3: The New Brunswick Supplement to the Atlantic Provinces Standard Terms and Conditions states that submission by e-mail will not be accepted, however the tender instructions indicate that it is appropriate to submit by NBBids@snb.ca - please confirm which instruction takes priority.
A3:As per the tender document and attachment - the following takes priority:
Bids will only be received in the following manner:
- By fax to: (506) 444-4200 (fax received into dedicated email inbox).
- By email to: NBBids@snb.ca
- By e-bidding through NBON
Q4: The "Summary of Tender Information", only states the option to renew for three (3) additional 1 year periods. Can you please confirm if these are mutual options by both parties or the vendor's sole options?
A4: The option years are based upon mutual agreement by both parties.
All other information remains the same.
*****
***** Amendment #1 *****
This Invitation to Tender has been amended to revise the "Bid Instructions" and "Contract Award" statements below. The attachment titled "Summary of Tender Information" has been replaced. Please review the updated document. All other information remains the same.
*****
SCOPE:
This Invitation to Tender is to solicit pricing on fuel pump prices, automotive products and services for purchases made with the Corporate Credit Cards utilized by the Government of New Brunswick (GNB) vehicles and NB Power vehicles on behalf of the various New Brunswick Government Departments and government funded bodies. As per the terms and conditions of the tender and any subsequent contract.
This contract term shall be for a two (2) year period, with the option to renew for three (3) additional one (1) year periods, exercised in one (1) year increments upon mutual agreement by both parties.
BID INSTRUCTIONS:
Vendors are invited to submit a 'percentage discount' or a 'cents per litre discount' from prevailing retail pump prices for fuel purchased (Item #1) and a 'percentage discount' on retail prices of lubricants and other products and services (Items # 2, 3 & 4) as specified in section 14.
When submitting a bid, for Item #1- fuel, prices should be equal to or greater than a
minimum of
3 cents per litre discount or a
2 percent discount from prevailing retail pump prices. Vendors who do not provide the requested minimum discounts may only be considered should there not be enough regional coverage. All such decisions are solely at the discretion of GNB and any decision made will be considered final.
Discounts/Prices will remain firm for the duration of all contract periods.
TOTAL ANNUAL FUEL CONSUMPTION:
The total annual consumption, is an estimate only, and based on previous usage. Payments will be made for the actual amount purchased, for the duration of all contract periods as per the attached tender specifications.
CONTRACT AWARD:
This tender will be awarded exclusively based on the 'percentage discount' or 'cents per litre discount' bid in Item #1. Noting that, all vendors who submit a compliant bid will be awarded a PO however, drivers will be encouraged to patronize vendors with larger discounts first whenever operationally feasible.
SPECIFICATIONS:
Vendors are required to review the attached 'Specification' document for further tender instructions, award criteria, and bid requirements.
VENDOR QUESTIONS:
All inquiries should be received seven (7) calendar days prior to the closing date; any inquiries received less than 7 calendar days prior to the closing date cannot be guaranteed a response. Please reference the tender number and closing date within your communications to ensure a prompt and accurate reply.
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.
Solicitation documents will be provided in either of the Province of New Brunswick's two official languages; English or French upon request.
Instructions for Bid Submission
1. Effective April 15, 2020, Service New Brunswick is no longer accepting paper bids,
and the Central Tendering Branch is closed to the public. Public tender openings are
no longer taking place; however, results continue to be posted on NBON.
2. Bids will only be accepted by electronic transmission as follows:
a. By e-bidding through NBON (when e-bidding is possible); OR
b. By fax to: (506) 444-4200 (fax to dedicated mailbox).
Note: Proposals in response to a Request for Proposals (RFP) will not be accepted by fax; OR
c. By email to NBBids@snb.ca or SoumissionsNB@snb.ca (do not submit bids to any other email).
Click here
Instructions for Bid Submission for important instructions on how to submit bids by email.
d. Please refrain from submitting your bid through multiple electronic channels
to avoid duplicate bids.
3. All bids must be properly signed by an authorized person.
a. For bids submitted by email or fax: typed signatures (in any font)
that are not on the bid itself (i.e. in the body of the email or on the
fax cover sheet) will NOT be accepted.
4. All bids must be legible, properly completed and contain the proper solicitation number.
5. The proponent is solely responsible for ensuring that the bid submission
in its entirety, including all attachments, is received before Closing Date and Time
as indicated on the solicitation documents.
a. The proponent bears all risk associated with delivering its bid by electronic
submission, including but not limited to delays in transmission between the Proponent's computer and the Province's Electronic Mail System, NBON or fax.
b. The date and time of official receipt of the bid will be the time of receipt
recorded in the NBON system (for e-bids) or the time of receipt in the Province's
Electronic Mail System (for fax and email bid submissions).
6. All bids must be stated in Canadian Funds. Sales taxes should not be included in
the unit, extended or total prices.
7. All tenders must be F.O.B. destination, freight prepaid.
8. This Invitation is being conducted under the provisions of the Procurement Act
and Regulation 2014-93 as of the date of the issuance of the Invitation.
Direct Deposit
The Province of New Brunswick is now using Direct Deposit as the standard method of issuing payments. Suppliers are required to provide bank account information and an email address for the notice of remittance. Please send the completed Direct Deposit Form to Service New Brunswick (e-mail address and mailing address are indicated on the form).
Please click on the link below to view the Direct Deposit Form.
https://www2.snb.ca/content/dam/snb/Procurement/DirectDepositVirementDirect.pdf
A bidder must obtain official solicitation documents from a distribution service, authorized by the Minister of Service New Brunswick, in order to submit a bid. The current authorized distribution services are the
New Brunswick Opportunities Network (NBON) (operated by Service New Brunswick, Province of NB),
BIDSAlert (operated by Tendering Publications Ltd.) and
MERX (operated by Mediagrif Interactive Technologies). Bids should be submitted on the official bid documents
obtained from these authorized distribution services.
The province of New Brunswick reserves the right to negotiate pricing, value added and other savings opportunities with the successful proponent at time of award and throughout the contract.
The Atlantic Provinces Standard Terms & Conditions for Goods and Services apply to this procurement and are considered to be incorporated into this document. By submitting a bid, you agree and accept these terms and conditions. Current "Atlantic Provinces Standard Terms and Conditions" are available on the New Brunswick Opportunities Network, the Council of Atlantic Premiers' Website or from an authorized service provider.
All suppliers engaged to deliver services on behalf of the Government of New Brunswick must ensure compliance with the
Official Languages Act in the delivery of those services. For more information, please refer to the
Official Languages Act.
COVID-19 Restrictions for Workers entering New Brunswick
All suppliers and workers entering the province of New Brunswick for work purposes must comply with the requirements established by WorkSafe NB and Public Health, including isolation requirements where applicable.
Click here for more information on these requirements.
QUESTIONS:
Written questions relating to this opportunity may be submitted to the address provided below via email by clicking on Questions. Please be sure to include the solicitation/tender number in the subject line.
EMAIL ADDRESS: bidquestionssoumissions@snb.ca
NOTE:
This email account is strictly for the receipt of questions on open opportunities. This email is not for the submission of bids.
COVID-19 Supplier Vaccination Policy
Suppliers must comply with all GNB health and safety policies and standards including, without limitation, all health and safety policies and standards related to COVID-19, as applicable. Go to www.gnb.ca/nbon to view the full policy and FAQs.
Under Canadian law (and international agreements), your Bid must arrive separately and independently, without conspiracy, collusion or fraud; see http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/home for further information.
Pay Equity
Does your organization have 50 or more employees?
The Government of New Brunswick is committed to encouraging and incentivizing the adoption of pay equity by employers doing business with government.
Prior to the award of procurements for goods and services valued over $1,000,000, suppliers, with fifty (50) or more employees will be required to complete the Pay Equity Learning Module developed by the Women's Equality Branch. Suppliers should provide a copy of their certificate of completion with their bid submission.
To complete the online module and obtain your certificate, please visit www.gnb.ca/payequity. For questions, please contact the Pay Equity Bureau toll free: (877) 253-0266 or by Email: peb-bes@gnb.ca.
All discounts quoted will be considered to be without limitations.
Award of contracts: no contract shall be awarded and no payment shall be made to a vendor unless authorized by the Minister or his delegates. The Minister may make an award to the preferred vendor conditional on the negotiation and acceptance of a detailed contract between the Province and the vendor. In such cases, should the detailed contract negotiations not be completed in a reasonable period of time, the Province reserves the right to discontinue negotiations with the vendor and
subsequently enter into negotiations with the second preferred vendor.
No right or duty, in whole or in part, of the vendor under a contract issued may be assigned or delegated without the prior consent of the Strategic Procurement Branch.
Unless indicated otherwise in this tender notice or attached documents, all prices must be extended and totalled.
All Suppliers engaged to deliver goods or services to the Government of New Brunswick must ensure compliance with the Designated Materials Regulation in the provision or delivery of those goods obligated under that Regulation. Please refer to
Recycle NB's website and the
Designated Materials Regulation for specifics.
PAYMENT OF INVOICES
Payment of invoices is the responsibility of the department or organization to whom the goods are shipped or services are supplied.
Where the estimated value of the goods or services to be procured is below the lowest applicable threshold value of any relevant trade agreement, Service New Brunswick reserves the right to give preferential treatment to a prospective supplier from New Brunswick. Should this right be exercised, the following order of priority will apply: a) firstly, New Brunswick manufacturers if the goods to be procured are manufactured in New Brunswick; and b) secondly, New Brunswick vendors.
When bid submissions are evaluated on price:
- Applicability of the preferences will be determined based on the price differential between the lowest-priced acceptable bid and the bid receiving the preferential treatment.
- The price differential under which a NB supplier preference may be applied will be limited to 10%. When the lowest-priced acceptable bid before preferential treatment is applied is a New Brunswick vendor, the price differential under which a NB manufacturer preference will be applied will be limited to 5%.
- The preferential treatment will be applied by making the award to the NB supplier.
When bid submissions are evaluated on a point system:
- Applicability of the preferences will be determined based on the price differential between the pricing component of the highest scoring acceptable bid submission and the pricing component of the bid(s) receiving the preferential treatment.
- The price differential under which a NB supplier preference may be applied will be limited to 10%. When the highest scoring acceptable bid submission before preferential treatment is applied is a New Brunswick vendor, the price differential under which a NB manufacturer preference will be applied will be limited to 5%.
- The preferential treatment will be applied by allotting a maximum of an additional 5% of the total possible points to New Brunswick manufacturers' total scores and 4% to NB vendors' total scores. If no bid from a New Brunswick manufacturer has been retained for preferential treatment, New Brunswick vendors may receive a maximum of an additional 5% of the total possible points rather than 4%.
The decision to apply a preference will be at the sole discretion of Service New Brunswick. To be eligible, suppliers must meet the definition of NB supplier as identified by the regulation under the
Procurement Act. NB manufacturers should indicate in their bid that they are a NB manufacturer to be considered for the NB manufacturer preference.
