Business Development Opportunities (BDO) Terms and Conditions
BDOs are a tool by which Build Nova Scotia selects partners for a wide variety of outcomes, experiences, and or deliverables. Strategic alignment with Build Nova Scotia’s mandate and best value for Nova Scotia residents and visitors will shape and define all BDOs.
Formal site visits are not normally compulsory. For operational reasons, Build Nova Scotia reserves the right to determine visit times (including ‘open house’ visits) and to restrict the number of site visits per Proponent and the number of attendees per site visit when they are scheduled and or required.
BDO responses should be submitted by completing the required schedules as identified in the BDO call. No other form of submission will be accepted.
BDO Submission Details
Proponents are to submit electronic proposals in accordance with the BDO call and Build Nova Scotia Electronic Tender Guideline. Build Nova Scotia time will be considered correct. Late submissions will be rejected.
As per the BDO call, only.
Amendment of Proposals Prior to Submission Deadline
Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment electronically to the BDO Contact with the “BDO title – Amendment” in the subject line. Any amendment must clearly indicate which part of the proposal the amendment is intended to amend or replace. Any amendments received after the Submission Deadline will not be accepted.
At any time throughout the BDO process until the execution of a written agreement, a Proponent may withdraw a submitted proposal. To withdraw a proposal, a notice of withdrawal must be sent electronically to the BDO Contact by an authorized representative of the Proponent. Build Nova Scotia is under no obligation to return withdrawn proposals.
As per the BDO call.
BDOs will be assessed by a minimum of two evaluators using the BDO Selection Criteria listed within the call. Further selection criteria may be developed and may be added as an Addendum. Proponents should ensure their submissions contain proposals which provide all the information requested in the required schedules. Failure to do so may reduce the chances of your response being shortlisted and or selected.
General Information and Instructions
BDO Incorporated into Proposal
All the provisions of the BDO are deemed to be accepted by each Proponent and incorporated into each Proponent’s proposal.
Proponents to Follow Instructions
Proponents should structure their proposals in accordance with the instructions in the BDO call. Where information is requested in the BDO, any response made in a proposal should reference the applicable section numbers of the BDO.
All proposals are to be in English, or both English and French. If there is a conflict or inconsistency between the English version and the French version of the proposal, the English version of the proposal shall prevail.
No Incorporation by Reference
The entire content of the Proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the Proponent’s proposal but not attached will not be considered to form part of its proposal.
References and Past Performance
In the evaluation process, Build Nova Scotia may include information provided by the Proponent’s references and may also consider the Proponent’s past performance or conduct on previous contracts with Build Nova Scotia.
Information in BDO Only an Estimate
Build Nova Scotia makes no representation, warranty or guarantee as to the accuracy of the information contained in the BDO or issued by way of addenda. Any quantities shown or data contained in the BDO or provided by way of addenda are estimates only and are for the sole purpose of indicating to Proponents the general scale and scope of the opportunity
Proponents to Bear Their Own Costs
The Proponent shall bear all costs associated with or incurred in the preparation and presentation of the BDO.
Proposal to be retained by Build Nova Scotia
Build Nova Scotia will not return the proposal, or any accompanying documentation submitted by a Proponent.
No Guarantee of Volume of Work or Exclusivity of Contract
Build Nova Scotia makes no guarantee of any future contract or with the successful Proponent.
Proponents may be required to be registered to carry on business in accordance with applicable laws. For information on the business registration requirements of the Nova Scotia Registry of Joint Stock Companies.
The status of a Proponent’s business registration does not preclude the submission of a proposal in response to the BDO. A proposal can be accepted for evaluation, regardless of (i) whether the company is registered, or (ii) whether its business registration is in good standing. However, a contract cannot be awarded unless the successful Proponent is registered and in good standing, in accordance with applicable laws.
Communication after Issuance of BDO
Proponent to Review BDO
Proponents shall promptly examine all the documents comprising the BDO, and
- shall report any errors, omissions, or ambiguities; and
- may direct questions or seek additional information by email to the BDO Contact up to two days before the deadline for Submissions.
No such communications are to be directed to anyone other than the BDO Contact. Build Nova Scotia is under no obligation to provide additional information and Build Nova Scotia shall not be responsible for any information provided by or obtained from any source other than the BDO Contact. It is the responsibility of the Proponent to seek clarification from the BDO Contact on any matter it considers to be unclear. Build Nova Scotia shall not be responsible for any misunderstanding on the part of the Proponent concerning the BDO or its process.
All New Information to Proponents by Way of Addenda
The BDO may be amended only by addendum in accordance with this section. If Build Nova Scotia, for any reason, determines that it is necessary to provide additional information relating to the BDO, such information will be communicated by addendum via Build Nova Scotia contact through email. Each addendum forms an integral part of the BDO and may contain important information, including significant changes to the BDO. Proponents are responsible for identifying a contact to receive all addenda issued by Build Nova Scotia.
Verify, Clarify, and Supplement
During the evaluation process, Build Nova Scotia may request further information from the Proponent or third parties to verify, clarify or supplement the information provided in the Proponent’s proposal. Build Nova Scotia may revisit and re-evaluate the Proponent’s response or ranking based on any such information.
Selection of Proponents to participate in second stage processes and Execution of Agreement
Build Nova Scotia will notify the selected Proponent(s) in electronically.
Failure to Provide a Proposal for the second stage
In addition to all other remedies, if a selected Proponent fails to submit a Proposal or satisfy any other applicable conditions within thirty-one (31) calendar days of notice of selection, Build Nova Scotia may, in its sole and absolute discretion and without incurring any liability, withdraw the selection of that Proponent and proceed with the selection of another Proponent or cancel the BDO Process.
Execution of Agreement and Notification of Contract Award
No notification will be provided until Build Nova Scotia has completed the final negotiations with the successful Proponent(s).
Conflict of Interest and Prohibited Conduct
Conflict of Interest
Build Nova Scotia may disqualify a Proponent for any conduct, situation, or circumstances, determined by Build Nova Scotia, in its sole and absolute discretion, to constitute a Conflict of Interest.
Disqualification for Prohibited Conduct
Build Nova Scotia may disqualify a Proponent, rescind an invitation to negotiate or terminate an agreement entered if Build Nova Scotia, in its sole and absolute discretion, determines that the Proponent has engaged in any conduct prohibited by the BDO.
Proponent not to Communicate with Media
A Proponent may not at any time directly, or indirectly, communicate with the media in relation to the BDO or any agreement entered pursuant to the BDO without consent of Build Nova Scotia, and then only in coordination with Build Nova Scotia.
A Proponent shall not, in relation to the BDO or subsequent detailed proposal or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful Proponent.
Illegal or Unethical Conduct
Proponents shall not engage in any illegal business practices, including activities such as bid-rigging, price-fixing, bribery, fraud, coercion, or collusion. Proponents shall not engage in any unethical conduct, including lobbying, as described above, or other inappropriate communications; offering gifts to any employees, officers, agents, elected or appointed officials, or other representatives of Build Nova Scotia; submitting proposals containing misrepresentations or other misleading or inaccurate information, or any other conduct that compromises or may be seen to compromise the competitive process provided for in the BDO.
Rejection of Proposals
Build Nova Scotia may reject a submission based on past performance or based on inappropriate conduct, including but not limited to the following:
- illegal or unethical conduct as described above;
- the refusal of the Proponent to honor its submitted pricing or other commitments;
- any conduct, situation or circumstance determined by Build Nova Scotia, in its sole and absolute discretion, to have constituted an undisclosed Conflict of Interest; or
- Build Nova Scotia’s past experience with the bidder within the last 18 months for similar or related services
Confidential Information of Build Nova Scotia
All information provided by or obtained from Build Nova Scotia in any form in connection with the BDO either before or after the issuance of the BDO:
- is the sole property of Build Nova Scotia and must be treated as confidential;
- is not to be used for any purpose other than replying to the BDO and the performance of the agreement for the deliverables; and
- must not be disclosed without prior written authorization from Build Nova Scotia.
Confidential Information of Proponent
A Proponent should identify any information in its proposal, or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by Build Nova Scotia. The confidentiality of such information will be maintained by Build Nova Scotia, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by Build Nova Scotia to advise or assist with the BDO process, including the evaluation of proposals.
Confidentiality of Information – Access to Information Act and Privacy Act
Build Nova Scotia is subject to the Access to Information Act and Privacy Act. Copies of the Acts are available online here. The BDO document and all information gathered during the BDO process and the subsequent project, is to be treated as confidential. Any information pertaining to employees will be subject to the provisions of the Privacy Act. The Proponent will not make public nor divulge any information or material related to the project without prior written consent of Build Nova Scotia.
Reserved Rights, Limitation of Liability and Governing Law
Reserved Rights of Build Nova Scotia
Build Nova Scotia reserves the right to:
- make public the names of any or all Proponents;
- request written clarification in relation to a Proponent’s proposal;
- waive minor formalities that do not constitute adherence to the BDO’s submission requirements;
- verify with any Proponent or with a third party any information set out in a proposal;
- check references other than those provided by any Proponent;
- disqualify any Proponent whose proposal contains misrepresentations or any other inaccurate or misleading information;
- disqualify any Proponent or the proposal of any Proponent who has engaged in conduct prohibited by the BDO;
- amend the BDO process without liability at any time prior to the execution of a written agreement between Build Nova Scotia and a Proponent. These changes are issued by way of addendum in the manner set out in the BDO;
- cancel the BDO process without liability at any time prior to the execution of a written agreement between Build Nova Scotia and a Proponent. A cancellation is communicated by way of addendum in the manner set out in the BDO. Build Nova Scotia may in its sole discretion issue a new BDO for the same or similar deliverables;
- reject any or all proposals; and
- these reserved rights are in addition to any other express rights or any other rights that may be implied in the circumstances.
Limitation of Liability
By submitting a proposal, each Proponent agrees that:
- neither Build Nova Scotia nor any of its employees, officers, agents, elected or appointed officials, advisors or representatives will be liable, under any circumstances, for any claim arising out of this proposal process including but not limited to costs of preparation of the proposal, loss of profits, loss of opportunity or for any other claim; and
- the Proponent waives any claim for any compensation of any kind whatsoever, including claims for costs of preparation of the proposal, loss of profit or loss of opportunity by reason of Build Nova Scotia’s decision to not accept the proposal submitted by the Proponent, to enter into an agreement with any other Proponent or to cancel this proposal process, and the Proponent shall be deemed to have agreed to waive such right or claim.