The applicant hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or by order of a court or tribunal. The applicant hereby consents to the disclosure, on a confidential basis, of this proposal by the Government of New Brunswick (hereafter referred to as “the Province”) to the advisers retained by the Province to advise or assist with the USP process, including the assessment of this proposal.
It is the responsibility of the applicant to complete all required sections of the USP submission form as accurately as possible. Failure to do so may preclude the Province from considering this proposal.
- The applicant has the authority to submit this proposal on behalf of the company identified within the submission form and evidence of this authority will be provided upon request.
- The applicant certifies that the information and representations contained in this form are true and correct to the best of their knowledge and belief, free of material errors, and that this will apply to all information provided in the future in connection with the assessment of the proposal. Furthermore, the applicant will promptly notify the Province if any of the information changes.
- Questions about this submission form, as well as questions about the collection, use and disclosure of personal information hereunder, can be directed to USP.PNS@snb.ca.
Conflict of Interest and Prohibited Conduct
Conflict of Interest
The Province may remove a proposal from consideration for any conduct, situation or circumstance, determined by the Province, in its sole and absolute discretion, to constitute a Conflict of Interest. An applicant shall not engage in any communications that could constitute a Conflict of Interest and must take note of the Conflict of Interest declaration as outlined below.
For the purposes of this section, and the USP process, the term “Conflict of Interest” includes, but is not limited to, any situation or circumstance where:
- in relation to the USP process, the applicant has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the Province in the preparation of its proposal that is not available to other applicants, (ii) communicating with any person with a view to influencing preferred treatment in the USP process (including but not limited to the lobbying of decision makers involved in the process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the process; or
- in relation to the performance of its contractual obligations under an agreement, the applicant’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.
Applicants should disclose the names and all pertinent details of all individuals (employees, advisers, or individuals acting in any other capacity) who participated in the preparation of the proposal; AND were employees of the Province within twelve (12) months prior to the submission of the proposal.
If the box related to Conflict of Interest within the USP Submission Form is left blank, the applicant will be deemed to declare that (a) there was no Conflict of Interest in preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the proposal.
Otherwise, if the statement below applies, check the box provided on the USP Submission Form
☐ The applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the applicant foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the proposal.
If the applicant declares an actual or potential Conflict of Interest, the applicant must outline details of the actual or potential Conflict of Interest in the area provided on the USP Submission Form.
Applicant not to Communicate with Media
An applicant may not at any time directly, or indirectly, communicate with the media in relation to this USP or any agreement entered into pursuant to this USP without consent of the Province, and then only in coordination with the Province.
An applicant shall not, in relation to this USP process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the outcome of the assessment.
Confidential Information of the Province
All information provided by or obtained from the Province in any form in connection with this process either before or after the submission of the proposal:
- is the sole property of the Province and must be treated as confidential;
- must not be disclosed without prior written authorization from the Province; and
- must be returned by the applicant to the Province immediately upon request of the Province.
Applicants must maintain security standards consistent with security policies of the Province. These include strict control of access to data and maintaining confidentiality of information gained while carrying out their duties.
An applicant should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the Province. The confidentiality of such information will be maintained by the Province, except as otherwise required by law or by order of a court or tribunal. Applicants are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the Province to advise or assist with the assessment process.
Both the Right to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act create obligations for the Province and its services providers when personal information or personal health information is collected, used, or disclosed. Requirements include limited collections, use, disclosure, and retention of any personal information or personal health information. The applicant must comply with the requirements of the Personal Health Information Privacy and Access Act and the Right to Information and Protection of Privacy Act of the Province of New Brunswick during any contractual term that may result. For more information regarding these Acts, please consult:
- Personal Health Information Privacy And Access Act
- Right to Information and Protection of Privacy Act
Disclosure of Information
I authorize the Province to make any inquiries required, including obtaining corporate and business information about the applicant, to assess this application.
I authorize the Province to make these inquiries of persons, firms, corporations, federal and provincial government departments, agencies, authorities, institutions and non-profit economic development organizations, and consent to the collection of information.
I consent to the sharing of the information collected with other federal and provincial departments and agencies for the administration of the grants and contributions programs.
I consent to the use of the information for policy analysis, research and/or evaluation of Government of New Brunswick programs.
I have the authority to sign the consent on behalf of the applicant.
Failure by the applicant to adhere to the application process may result in the applicant’s proposal not being considered.
In the event that the Province has determined that a contract will be awarded, the applicant shall be required to enter into a service agreement.
I have read and understood the above Consent and Certification. I voluntarily consent to the collection, use and disclosure of information as described, make the certification as stated and authorize the actions indicated.