< General Terms and Conditions for Purchase Orders
General Terms and Conditions for Purchase Orders
IWK General Terms & Conditions
Updated (May 31/12)
The IWK acknowledges that any information submitted in confidence by a vendor, if disclosed to third parties, could reasonably be expected to cause financial harm or harm the competitive position of the vendor. Any information contained in a proposal that is considered confidential by the vendor must therefore be clearly identified as confidential. The IWK and its representatives shall, to the extent permitted by law**, respect the confidential nature of any information so identified. **Please note that as a public body, IWK is subject to the Freedom of Information and Protection of Privacy Act, and may be required to release information relating to this RFP and/or the resultant contract. IWK would endeavor to consult the affected proponent(s) to the extent permitted by law.
- The vendor agrees that it shall not seek information regarding this purchase or any proposals or decisions relating to this purchase by application under the Freedom of Information and Protection of Privacy Act (Nova Scotia). The vendor acknowledges that all information and records relating to this procurement process may be released to the vendor only at the discretion of the IWK and subject to the procurement process, applicable law and confidentiality concerns.
- IWK reserves the right to
a. cancel the process at any stage;
b. cancel the process at any stage and issue a new RFP for the same or similar deliverables;
c. reject any or all proposals; and
d. reject any and all proposals submitted and to negotiate with the compliant proposal offering the “best value” in any manner necessary, to serve the best interests of IWK.
Neither the responsive proposal that scores the highest number of rated points nor the one that contains the lowest price will necessarily be accepted or considered the best value proposal.
- The IWK will not pay for the information solicited by any RFP. All costs incurred by a vendor in the preparation of a proposal are the responsibility of the vendor. The IWK makes no representation or assurance regarding the outcome of proposals, and specifically reserves the right to terminate the tendering process without consequence or liability.
- All bid materials will become the property of the IWK, unless otherwise specified by the vendor.
- The vendor represents and warrants that none of the bid materials infringe any intellectual property rights of third parties.
- The IWK reserves the right to provide clarification on existing requirements contained in any RFP. Should additional requirements be identified, they will be submitted to all vendors in writing as an addendum to this document.
- References identified in the proposal may be contacted by the IWK to substantiate the proposal’s solutions capabilities and reliability, as well as proponent performance, and overall service. Proponents are expected to cooperate fully in helping IWK to verify Proponent claims.
- The successful Proponent will be required to execute a contract in the IWK standard form. The Proponent’s proposal shall be attached as a schedule and incorporated by reference into this standard form agreement to the extent applicable.
- All proposed services/equipment/goods/furniture (as applicable) must comply with all relevant laws, codes and standards, and where appropriate be approved to applicable standards, e.g. CSA standards.
- All vendors and any subcontractors performing work at the IWK must be registered in the Province of Nova Scotia under the Corporations Registration Act or the Partnerships and Business Names Registration Act.
- All prices / costs are to be quoted in Canadian dollars and exclusive of any taxes. Items such as delivery, set-up fees, in-servicing, taxes, etc are to be shown as separate line items.
- The IWK qualifies for government and educational discounts from various vendors. All applicable discounts are to be identified in the price section.
- It is a condition precedent to the IWK’s acceptance of any tender that the vendor confirms that they have no outstanding or pending litigation, action, claim, demand, or cause of action against the IWK which in any way relates to the subject matter of the RFP or which relates to the supply of goods and services to the IWK.
- A vendor’s proposal must be signed by an authorized signing officer of, or authorized person for, the vendor, certifying that all information contained in the proposal is accurate and agreeing to comply with all of the terms, conditions, and provisions of the RFP.
- All Proponents must provide full-disclosure of any and all funding of “in-kind” programs that have been provided to IWK. Furthermore all Proponents must disclose the name(s) of and person(s) employed at IWK who is under contract, or represents the Proponent in any capacity which may be viewed as a conflict of interest.
- Vendors must clearly identify any Third Party software or hardware components, if applicable, including optional vendor modules that are not included as part of the vendor’s pricing response.
- Provincial Initiative: It is understood that any agreement and/or purchase that results from this tender are available to all Nova Scotia District Health Authorities (DHAs 1 through 9) at their discretion. While the exact resultant configuration may not be appropriate for any given DHA, it is expected that the vendor will afford the same pricing and/or discount structure to all districts. Each district will be responsible for issuing their own P.O.
- The IWK encourages the use of electronic commerce for business transactions; therefore, vendors are requested to include a description of their capabilities and experience with electronic commerce. Vendors should also include any discount structure they offer with this.
- Vendors submitting bids involving the collection, use, or disclosure of personal information are required to certify that the vendor’s business is fully compliant with the Personal Information Protection and Electronic Documents Act (Canada).
- All prices are to be FOB destination (freight included) upon delivery to the IWK.
- The vendor shall identify any component of their shipment that includes hazardous materials requiring the IWK to take any environmental or personnel precautions.
- Proponents submitting proposals hereby certify that the Proponent’s business is fully compliant with the Personal Information Protection and Electronic Documents Act (Canada), the Freedom of Information and Protection of Privacy Act and the Personal Information International Disclosure Act. Proponents submitting proposals hereby certify that all information necessary to allow the IWK to determine compliance with the Personal Information International Disclosure Act has been provided to the IWK.
- All purchase orders, contracts, and tender documents (RFPs, RFQs, etc) and all items pertaining to them shall be governed and interpreted in accordance with the laws of the province of Nova Scotia.