Acts and Regulations

2014-93 - Goods and Services

Section 120
Disposition versions

Full text
Minor non-compliance
120(1)Despite section 119, if the authority to waive a minor non-compliance with the mandatory requirements of the solicitation documents was disclosed in the solicitation documents, a procuring entity, in accordance with that authority, may waive the minor non-compliance and accept the bid submission.
120(2)For the purposes of subsection (1), a failure to comply with the mandatory requirements of the solicitation documents is a minor non-compliance if it
(a) affects the form of the bid submission, rather than its substance,
(b) does not affect the bid’s price, delivery, quality or quantity, and
(c) if waived, would not give the prospective supplier an unfair advantage over other prospective suppliers who submitted bids.
Minor non-compliance
120(1)Despite section 119, if the authority to waive a minor non-compliance with the mandatory requirements of the solicitation documents was disclosed in the solicitation documents, a procuring entity, in accordance with that authority, may waive the minor non-compliance and accept the bid submission.
120(2)For the purposes of subsection (1), a failure to comply with the mandatory requirements of the solicitation documents is a minor non-compliance if it
(a) affects the form of the bid submission, rather than its substance,
(b) does not affect the bid’s price, delivery, quality or quantity, and
(c) if waived, would not give the prospective supplier an unfair advantage over other prospective suppliers who submitted bids.