Home
Français
Acts and Regulations
2021-59
- Crown Construction Contracts Act
Table of contents
Enabling Act
0
Full text
NEW BRUNSWICK
REGULATION 2021-59
under the
Crown Construction
Contracts Act
(O.C. 2021-211)
Filed August 24, 2021
1
Subsection 4(3) of New Brunswick Regulation 82-109 under the Crown Construction Contracts Act is repealed and the following is substituted:
4
(3)
When tenders are invited under paragraph (2)(c) or (d)
(
a
)
in the case of a tender call that requires the submission of paper based tenders,
(i
)
the invitation to tender shall stipulate the time, date and location of the tender opening, and
(ii
)
the tender opening shall be a public tender opening and shall include the posting of the names of the tenderers and the amounts of their respective bids, or
(
b
)
in the case of a tender call that requires the submission of electronic tenders, the invitation to tender shall stipulate the time and date for the opening of tenders and the requirements for their electronic submission.
2
Subsection 6(3) of the Regulation is repealed and the following is substituted:
6
(3)
When tenders are invited by a District Education Council under paragraph (2)(b)
(
a
)
in the case of a tender call that requires the submission of paper based tenders,
(i
)
the invitation to tender shall stipulate the time, date and location of the tender opening, and
(ii
)
the tender opening shall be a public tender opening and shall include the posting of the names of the tenderers and the amounts of their respective bids, or
(
b
)
in the case of a tender call that requires the submission of electronic tenders, the invitation to tender shall stipulate the time and date for the opening of tenders and the requirements for their electronic submission.
3
Subsection 7(1) of the Regulation is amended
(
a
)
by repealing paragraph (b) and substituting the following:
(
b
)
sufficient information in the advertisement referred to in paragraph (a) to enable a prospective tenderer
(i
)
if a tender call requires the submission of paper based tenders, to obtain tender documents, deposit a tender and attend the tender opening, or
(ii
)
if a tender call requires the submission of electronic tenders, to obtain tender documents and submit a tender electronically;
(
b
)
by repealing paragraph (c) and substituting the following:
(
c
)
if a tender call requires the submission of paper based tenders, the opening of properly deposited tenders in public and the posting of the name and the tender price of each tenderer whose tender is not rejected in accordance with section 11; and
(
c
)
by adding after paragraph (c) the following:
(
d
)
if a tender call requires the submission of electronic tenders, the opening of tenders that are properly submitted electronically and the posting of the name and the tender price of each tenderer whose tender is not rejected in accordance with section 11.
4
Section 9 of the Regulation is amended
(
a
)
by repealing subsection (1) and substituting the following:
9
(1)
A tenderer shall
(
a
)
if a tender call requires the submission of paper based tenders, deposit their tender in the tender box at the location and within the time stipulated in the public notice of tender, or
(
b
)
if a tender call requires the submission of electronic tenders, submit their tender in accordance with the requirements set out in the public notice of tender within the time stipulated in the public notice of tender.
(
b
)
by repealing subsection (2) and substituting the following:
9
(2)
It is the responsibility of the tenderer
(
a
)
if a tender call requires the submission of paper based tenders, to deposit their tender in the tender box at the location and within the time stipulated in the public notice of tender and the Crown assumes no responsibility for depositing in the tender box at the location and within the time stipulated in the public notice of tender any tender submission which has been mailed, transmitted or delivered to an employee of the Crown, and
(
b
)
if a tender call requires the submission of electronic tenders, to submit their tender in accordance with the requirements set out in the public notice of tender within the time stipulated in the public notice of tender and, if the tender is submitted to the Crown in any other manner, the Crown assumes no responsibility for submitting the tender in accordance with the requirements set out in the public notice of tender within the time stipulated in the public notice of tender.
(
c
)
by repealing subsection (3) and substituting the following:
9
(3)
A tender shall be considered if
(
a
)
in the case of a tender call that requires the submission of paper based tenders, the tender is deposited in the tender box within the time stipulated in the public notice of tender, or
(
b
)
in the case of a tender call that requires the submission of electronic tenders, the tender is submitted in accordance with the requirements set out in the public notice of tender within the time stipulated in the public notice of tender.
(
d
)
by repealing subsection (4) and substituting the following:
9
(4)
A person who has signed and submitted an original tender may amend the tender
(
a
)
in the case of a tender call that requires the submission of paper based tenders, after the tender has been deposited in the tender box by ensuring that a letter or facsimile that clearly identifies on its face the project being tendered and the tender being amended is deposited in the tender box before the time stipulated in the public notice of tender for the opening of tenders, or
(
b
)
in the case of a tender call that requires the submission of electronic tenders, after the tender has been submitted in accordance with the requirements set out in the public notice of tender, by ensuring that an amendment that clearly identifies the project being tendered and the tender being amended is submitted in accordance with the requirements set out in the public notice of tender within the time stipulated in the public notice of tender.
(
e
)
by repealing subsection (6) and substituting the following:
9
(6)
Subsection (2) applies to any letter or facsimile amending a tender and any amendment of tender that is submitted electronically.
5
Section 10 of the Regulation is amended
(
a
)
in subsection (1) by striking out “Thirty minutes before the time limit for submission of tenders” and substituting
“If a tender call requires the submission of paper based tenders, thirty minutes before the time limit for submission of tenders”
;
(
b
)
by repealing subsection (2) and substituting the following:
10
(2)
A tender may
(
a
)
if a tender call requires the submission of paper based tenders, be deposited in the tender box at the tender opening location up until the time stipulated in the public notice of tender for the opening of tenders, or
(
b
)
if a tender call requires the submission of electronic tenders, be submitted in accordance with the requirements set out in the public notice of tender within the time stipulated in the public notice of tender.
(
c
)
in subsection (3) in the portion preceding paragraph (a) by striking out “The representative” and substituting
“In the case of a tender call that requires the submission of paper based tenders, the representative”
.
6
Subsection 11(1) of the Regulation is amended
(
a
)
in paragraph (j) by striking out “is not contained in an envelope” and substituting
“in the case of a tender call that requires the submission of paper based tenders, is not contained in an envelope”
;
(
b
)
in paragraph (m) by striking out “is made by a tenderer” and substituting
“in the case of a tender call that requires the submission of paper based tenders, is made by a tenderer”
.
7
Section 14 of the Regulation is amended
(
a
)
by repealing subsection (1) and substituting the following:
14
(1)
All tenders shall be opened by the tender opening committee and, if a tender call requires the submission of paper based tenders, the tenders shall be opened in public at the location stipulated in the public notice of tender.
(
b
)
in subsection (4) by striking out “If the tender is rejected” and substituting
“In the case of a tender call that requires the submission of paper based tenders, if a tender is rejected”
.
8
Subsection 17(2) of the English version of the Regulation is amended by striking out “shall be in an account” and substituting
“shall be in an amount”
.
9
Subsection 21(1) of the Regulation is amended by striking out “public tender opening” and substituting
“tender opening”
.
10
Section 23 of the Regulation is repealed and the following is substituted:
23
A tender is binding on the person submitting the tender until the person receives by registered mail formal notification of the rejection of the tender but in no case, unless as successful tenderer the person has received notification under subsection 21(1), shall the tender be binding on the person for more than 21 days after the date of tender opening or for any additional days added in accordance with subsections 21(2) and (3).
Copy
Select this element
Select parent element
Unselect all
Copy to Drafting
Copy to LAW
Copy to Clipboard
To copy : Ctrl+C
0
Advanced search (includes point-in-time)
Consolidated Acts and Regulations
Acts
by title
by chapter
by department
Regulations
by regulation number
Annual Acts and Regulations
Acts
by year
Regulations
by year
Access Rules of Court
by rule number
Repealed Legislation (2011 onward)
Acts
by title
Selections
Show
Selections in current document
All selections in the collection
Selected elements
Delete all selections
Show selections
Cyberlex
Version 2.2.4.0