Acts and Regulations

2014-93 - Goods and Services

Section 124
Disposition versions

Full text
Abnormally low price
124(1)A procuring entity may reject a bid submission if it determines that the bid price, in combination with other aspects of the submission, is so abnormally low in relation to the subject matter of the procurement that it raises concerns regarding the prospective supplier’s ability to perform the procurement contract.
124(2)A procuring entity may act under subsection (1) only if the following conditions have been met:
(a) the procuring entity has requested clarification of its bid from the prospective supplier; and
(b) after considering the clarifying information provided by the prospective supplier within the time period provided for doing so, the procuring entity’s concerns with the bid submission remain.
124(3)The request for clarification under subsection (2) shall state when the information shall be received by the procuring entity, and only clarifying information received by that date may be considered under that subsection.
124(4)All communication under this section between a procuring entity and a prospective supplier shall be in writing.
124(5)The decision to reject a bid submission under this section shall be documented in the procurement file, including the reasons for rejecting the submission, and all communication between the procuring entity and the prospective supplier shall be retained in that file.
124(6)A procuring entity shall promptly communicate to the prospective supplier the decision to reject a bid submission under this section.
Abnormally low price
124(1)A procuring entity may reject a bid submission if it determines that the bid price, in combination with other aspects of the submission, is so abnormally low in relation to the subject matter of the procurement that it raises concerns regarding the prospective supplier’s ability to perform the procurement contract.
124(2)A procuring entity may act under subsection (1) only if the following conditions have been met:
(a) the procuring entity has requested clarification of its bid from the prospective supplier; and
(b) after considering the clarifying information provided by the prospective supplier within the time period provided for doing so, the procuring entity’s concerns with the bid submission remain.
124(3)The request for clarification under subsection (2) shall state when the information shall be received by the procuring entity, and only clarifying information received by that date may be considered under that subsection.
124(4)All communication under this section between a procuring entity and a prospective supplier shall be in writing.
124(5)The decision to reject a bid submission under this section shall be documented in the procurement file, including the reasons for rejecting the submission, and all communication between the procuring entity and the prospective supplier shall be retained in that file.
124(6)A procuring entity shall promptly communicate to the prospective supplier the decision to reject a bid submission under this section.