Procedure for Using Public Tender

Approval Date: 2014-03-13

Effective Date: 2014-03-13

Responsible Unit: Department of Financial and Administrative Services

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1. Preparing a Public Tender Notice

1.1 All tender notices must be routed through the Department of Financial and Administrative Services unless alternate arrangements have been made.

1.2 Procedures for preparing tender notice:

1.2.1 Obtain tender number, opening time and date from the Tendering Clerk at the Department of Financial and Administrative Services, the Office of the Associate Vice-President (Administration and Finance) Grenfell Campus, the purchasing office at the Faculty of Medicine, the Tendering Section at Facilities Management, or the purchasing section at the Marine Institute. Tenders normally close a minimum of fifteen (15) calendar days after they are posted.

1.2.2 Tender Notice should include:

  •  A description of the good or service required
  • Tender Number
  • Tender Name
  • Time and Date for closing (be sure to include time zone; NDST or NST after the time)
  • Details to bidders about where to obtain tender packages (i.e. Service Providers)
  • Conditions for obtaining the tender documents
  • Indicate address where tenders are to be delivered
  • Indicate room number and building where the opening will take place
  • Indicate the time at which the opening will take place

    1.2.3 All tender notices will be advertised electronically with a Service Provider (Bids, Pods, and Merx). Units will be required to forward all tender documents electronically to the person responsible for tendering at the Department of Financial and Administrative Services, Marine Institute or Department of Facilities Management.

    2. Instructions to Units

    2.1 When preparing tender packages for submission, ensure that each package contains:

    • Tender Notice
    • All specifications
    • Any amendments to the general terms and conditions for tendering that may be unique to the end-user unit

    2.2 Forward all documents in electronic format such as WordPerfect, Microsoft Word, Excel, etc., as an e-mail with an attachment.

    2.3 The deadline for the electronic transfer to the person responsible for tendering is two (2) working days prior to the date the unit wishes to have it appear on the Service Provider's website.

    2.4 Upon receipt of the Notice, Specifications and Amendments, all necessary changes will be made and converted to PDF files. The Tender Bid Form, the General Terms and Conditions for Tendering, the Notice, the Specifications, the Capital Equipment Purchase Order Addendum if applicable and any Amendments to the General Terms and Conditions for Tendering will be attached and the complete package will be forwarded to the Service Providers within the required time frame.

    3. The Tender Process

    There are five basic steps to the tender process. They are:

    3.1 Development of an accurate set of specifications for the bidders to review. Inadequate specifications will cause problems for the bidders in developing accurate bids and may result in the acquisition of goods and/or services that do not meet the standards desired by the requisitioner.

    When developing the tender specifications, ensure that the following points are considered:

    • Document the minimum warranty requirements the University will accept.
    • Ensure that the specifications adequately express the quality of the product expected to be purchased. For example, specifying just a LCD panel monitor for a computer system may not be adequate if you expect a contrast ratio of 600:1 w/digital interface or better and you are quoted 350:1 w/analog, which is not acceptable. Specify exactly your minimum requirements.
    • Specify a delivery date.
    • Where required, you are permitted to reference a "brand" name of an acceptable product. However, the words "or approved equivalent" are also required.

    3.2 Contact the Tendering Clerk at the Department of Financial and Administrative Services to arrange for the review of specifications if necessary.

    3.3 The tender opening. (See Tender Opening Section below)

    3.4 Tender evaluation. (See Tender Evaluation section below)

    3.5 Notification of award to bidders.

    4. Tender Opening

    4.1 All tender openings must be attended by at least two University representatives: one from the unit making the purchase and one from the unit responsible for issuing the tender. Any member of the public is allowed to attend.

    4.2 The tender attendance sheet must be signed by all present.

    4.3 Tenders will be opened individually and the following information disclosed:

    • Name of tender
    • Name and address of bidder

    Each tender along with above information will be duly recorded by the unit representative.

      Each tender will be signed and dated by both University representatives.

        4.4 Tenders will be rejected during the opening process when key elements of the bids have not been included, such as:

        4.5 Tender bids not meeting the documentation requirement will be rejected promptly.

        5. Tender Evaluation

        The following guidelines are used to evaluate tenders:

        • Ensure that each bidder has signed the tender bid form.
        • Completeness of bids. Ensure that the tender form and any other required documents are included with bid.
        • Ensure that for any faxed bids, the original documents are received within three (3) working days after the tender has closed
        • Evaluate each tender to ensure that the bidders are in compliance with all specifications.
        • Complete a technical evaluation
        • Complete a Tender Evaluation Form. This will show all bids received, whether they are acceptable or not acceptable, and the preferred bidder. The preferred bidder is defined as the lowest qualified bidder under the Public Tender Act.
        • Document reasons for disqualification of any bid.

        6. Notification of Award

        • Notify unsuccessful and disqualified bidders. The notification to unsuccessful bidders will include the name of the successful bidder and the total tender award amount. See Tender Notification Form
        • Forward original bids, Tender Notification Form, copy of all documents outlining reasons for disqualification, copies of notices sent to unsuccessful bidders and a copy of the resulting purchase order(s) to the person responsible for tendering for your unit.

        7. Form B: Contract Award Without Tender Invitation

        7.1 "Form B", Contract Award Without Tender Invitation, is required to be completed pursuant to section 10 of the Public Tender Act . The form is designed to summarize those contracts awarded without tender as allowed by sections 3 and 4 of the Act. Examples of exceptions allowed under the Act are:

        • In cases of a pressing emergency injurious to public interest.
        • Only one available source.

        7.2 Timing of Award

        7.2.1 The Department of Financial and Administrative Services will be responsible for gathering all "Form B's" and submitting them to the President for review and signatures.

        7.2.2 This form must be fully completed and forwarded to the Department of Financial and Administrative Services prior to the issuance of the purchase order. This is required in order to ensure the President has approved not going to tender before the award is made.

        7.2.3 It should be noted that, in order to use the exemption specified in paragraph 3 (2) (e) of the Public Tender Act (Sole Source), the Director of Financial and Administrative Services will be responsible for providing prior exemption. Therefore, it is important that arrangements for approval be made in advance if you anticipate using this clause. Use of this exemption cannot be granted after the award has been made.

        7.3 Completion of Form B

        Section 1 - This area will indicate the University unit making the award.

        Section 2 - This section will briefly describe the nature of the services or supplies purchased. The purchase order number is also required.

        Section 3 - This section will contain the complete mailing address of the contractor, supplier or lessor to whom the award was made.

        Section 4 - The full value of the contract, exclusive of taxes but including freight and any other associated costs is to be shown here, along with the date of award (date purchase order was issued). Awards for a public work should include all applicable taxes.

        Section 5 - Check the appropriate section of the Public Tender Act for which this purchase is exempt.

        Section 6 - Clearly outline why the tender was not invited. This explanation will have to undergo the scrutiny of the Auditor General's Office, Government Purchasing Agency and the general public, so accuracy is critical.

        Section 7 - Is Not applicable.

        Section 8 - In all cases, the appropriate Unit Head is required to sign the form prior to it being forwarded to the Department of Financial and Administrative Services for review and recommendation to the President or delegate for approval.

        Policies using this procedure:


        University Policies

        230 Elizabeth Ave, St. John's, NL, CANADA, A1B 3X9

        Postal Address: P.O. Box 4200, St. John's, NL, CANADA, A1C 5S7

        Tel: (709) 864-8000