Acts and Regulations

2014-93 - Goods and Services

Section 127
Disposition versions

Full text
Negotiations during procurement process
127(1)In the context of a competitive bidding process, the terms of a procurement contract may be negotiated between a procuring entity and a prospective supplier if the following conditions are met:
(a) the authority to negotiate is set out in the solicitation documents, including the negotiation process to be used and the conditions under which negotiations will take place;
(a.1) it appears from the procuring entity’s evaluation that no bid submission is obviously the most advantageous based on the criteria set out in the solicitation documents;
(b) the negotiations are confidential, and the procuring entity shall not disclose any information with respect to the bid submission of another prospective supplier;
(c) the procuring entity may neither give an unfair advantage to, nor discriminate against, a prospective supplier in the course of negotiations; and
(d) prospective suppliers are eliminated from the process based on the criteria set out in the solicitation documents.
127(2)If negotiations are conducted concurrently with multiple prospective suppliers, the procuring entity shall provide a common deadline for the participating prospective suppliers to submit any new or revised bid submissions.
127(3)If negotiations are conducted consecutively with one prospective supplier at a time, the procuring entity shall provide a deadline for the participating prospective supplier to submit any new or revised bid submissions prior to proceeding to negotiate with the next ranked prospective supplier.
2019-20
Negotiations during procurement process
127In the context of a competitive bidding process, the terms of a procurement contract may be negotiated between a procuring entity and a prospective supplier if the following conditions are met:
(a) the authority to negotiate is set out in the solicitation documents, including the negotiation process to be used and the conditions under which negotiations will take place;
(b) the negotiations are confidential, and the procuring entity shall not disclose any information with respect to the bid submission of another prospective supplier;
(c) the procuring entity may neither give an unfair advantage to, nor discriminate against, a prospective supplier in the course of negotiations; and
(d) prospective suppliers are eliminated from the process based on the criteria set out in the solicitation documents.
Negotiations during procurement process
127In the context of a competitive bidding process, the terms of a procurement contract may be negotiated between a procuring entity and a prospective supplier if the following conditions are met:
(a) the authority to negotiate is set out in the solicitation documents, including the negotiation process to be used and the conditions under which negotiations will take place;
(b) the negotiations are confidential, and the procuring entity shall not disclose any information with respect to the bid submission of another prospective supplier;
(c) the procuring entity may neither give an unfair advantage to, nor discriminate against, a prospective supplier in the course of negotiations; and
(d) prospective suppliers are eliminated from the process based on the criteria set out in the solicitation documents.