Acts and Regulations

82-109 - General

Section 6
Disposition versions

Full text
6(1)Subject to subsections (2) and (5), every award of contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development shall be preceded by public tender.
6(2)Where a proposed contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development
(a) has a value, where a tender call is made by a District Education Council, of less than two thousand dollars as estimated by the District Education Council, the award of contract may be negotiated with and made to one person by the District Education Council,
(b) has a value, where the tender call is made by a District Education Council, of two thousand dollars or more but not exceeding ten thousand dollars as estimated by the District Education Council, the award of contract may be preceded by tenders invited from not fewer than three persons,
(c) has a value, as estimated by an engineer or architect of the Minister of Education and Early Childhood Development, of more than ten thousand dollars, the contract shall have tenders called and the award of contract made by the Minister of Education and Early Childhood Development in accordance with section 4, or
(d) is tendered by the Minister of Education and Early Childhood Development, the tender call shall, subject to subsection (5), be in accordance with the provisions of section 4.
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.
6(4)Notwithstanding paragraphs (2)(a) and (2)(b), the Minister of Education and Early Childhood Development may by notice in writing advise a District Education Council that a contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development shall have tenders called and the award of contract made by the Minister of Education and Early Childhood Development.
6(5)Where the Minister of Education and Early Childhood Development deems an emergency exists whereby lands or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development require immediate reconstruction or repair and the provisions of paragraph (2)(b) would apply, he may
(a) by notice in writing authorize a District Education Council to negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by the District Education Council does not exceed ten thousand dollars, or
(b) negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by an engineer or architect of the Minister of Education does not exceed ten thousand dollars.
6(6)Where the Minister of Education and Early Childhood Development authorizes a District Education Council to act under paragraph (5)(a), the negotiation for a contract and the award thereof may be undertaken upon receipt by the District Education Council of a telegram, telex or telephone call from the Minister of Education and Early Childhood Development or his authorized representative which initial authorization shall be confirmed by proper notice in writing.
2009-121; 2010, c.31, s.29; 2021-59
6(1)Subject to subsections (2) and (5), every award of contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development shall be preceded by public tender.
6(2)Where a proposed contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development
(a) has a value, where a tender call is made by a District Education Council, of less than two thousand dollars as estimated by the District Education Council, the award of contract may be negotiated with and made to one person by the District Education Council,
(b) has a value, where the tender call is made by a District Education Council, of two thousand dollars or more but not exceeding ten thousand dollars as estimated by the District Education Council, the award of contract may be preceded by tenders invited from not fewer than three persons,
(c) has a value, as estimated by an engineer or architect of the Minister of Education and Early Childhood Development, of more than ten thousand dollars, the contract shall have tenders called and the award of contract made by the Minister of Education and Early Childhood Development in accordance with section 4, or
(d) is tendered by the Minister of Education and Early Childhood Development, the tender call shall, subject to subsection (5), be in accordance with the provisions of section 4.
6(3)Where tenders are invited by a District Education Council under paragraph (2)(b),
(a) the invitation to tender shall stipulate the time, date and place of tender opening, and
(b) the tender opening, when carried out, shall be a public tender opening and shall include the posting of the names of the tenderers and the amounts of their respective bids.
6(4)Notwithstanding paragraphs (2)(a) and (2)(b), the Minister of Education and Early Childhood Development may by notice in writing advise a District Education Council that a contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development shall have tenders called and the award of contract made by the Minister of Education and Early Childhood Development.
6(5)Where the Minister of Education and Early Childhood Development deems an emergency exists whereby lands or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development require immediate reconstruction or repair and the provisions of paragraph (2)(b) would apply, he may
(a) by notice in writing authorize a District Education Council to negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by the District Education Council does not exceed ten thousand dollars, or
(b) negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by an engineer or architect of the Minister of Education does not exceed ten thousand dollars.
6(6)Where the Minister of Education and Early Childhood Development authorizes a District Education Council to act under paragraph (5)(a), the negotiation for a contract and the award thereof may be undertaken upon receipt by the District Education Council of a telegram, telex or telephone call from the Minister of Education and Early Childhood Development or his authorized representative which initial authorization shall be confirmed by proper notice in writing.
2009-121; 2010, c.31, s.29
6(1)Subject to subsections (2) and (5), every award of contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development shall be preceded by public tender.
6(2)Where a proposed contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development
(a) has a value, where a tender call is made by a District Education Council, of less than two thousand dollars as estimated by the District Education Council, the award of contract may be negotiated with and made to one person by the District Education Council,
(b) has a value, where the tender call is made by a District Education Council, of two thousand dollars or more but not exceeding ten thousand dollars as estimated by the District Education Council, the award of contract may be preceded by tenders invited from not fewer than three persons,
(c) has a value, as estimated by an engineer or architect of the Minister of Education and Early Childhood Development, of more than ten thousand dollars, the contract shall have tenders called and the award of contract made by the Minister of Education and Early Childhood Development in accordance with section 4, or
(d) is tendered by the Minister of Education and Early Childhood Development, the tender call shall, subject to subsection (5), be in accordance with the provisions of section 4.
6(3)Where tenders are invited by a District Education Council under paragraph (2)(b),
(a) the invitation to tender shall stipulate the time, date and place of tender opening, and
(b) the tender opening, when carried out, shall be a public tender opening and shall include the posting of the names of the tenderers and the amounts of their respective bids.
6(4)Notwithstanding paragraphs (2)(a) and (2)(b), the Minister of Education and Early Childhood Development may by notice in writing advise a District Education Council that a contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development shall have tenders called and the award of contract made by the Minister of Education and Early Childhood Development.
6(5)Where the Minister of Education and Early Childhood Development deems an emergency exists whereby lands or structures owned by the Crown and under the administration and control of the Minister of Education and Early Childhood Development require immediate reconstruction or repair and the provisions of paragraph (2)(b) would apply, he may
(a) by notice in writing authorize a District Education Council to negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by the District Education Council does not exceed ten thousand dollars, or
(b) negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by an engineer or architect of the Minister of Education does not exceed ten thousand dollars.
6(6)Where the Minister of Education and Early Childhood Development authorizes a District Education Council to act under paragraph (5)(a), the negotiation for a contract and the award thereof may be undertaken upon receipt by the District Education Council of a telegram, telex or telephone call from the Minister of Education and Early Childhood Development or his authorized representative which initial authorization shall be confirmed by proper notice in writing.
2009-121; 2010, c.31, s.29
6(1)Subject to subsections (2) and (5), every award of contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education shall be preceded by public tender.
6(2)Where a proposed contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education
(a) has a value, where a tender call is made by a District Education Council, of less than two thousand dollars as estimated by the District Education Council, the award of contract may be negotiated with and made to one person by the District Education Council,
(b) has a value, where the tender call is made by a District Education Council, of two thousand dollars or more but not exceeding ten thousand dollars as estimated by the District Education Council, the award of contract may be preceded by tenders invited from not fewer than three persons,
(c) has a value, as estimated by an engineer or architect of the Minister of Education, of more than ten thousand dollars, the contract shall have tenders called and the award of contract made by the Minister of Education in accordance with section 4, or
(d) is tendered by the Minister of Education, the tender call shall, subject to subsection (5), be in accordance with the provisions of section 4.
6(3)Where tenders are invited by a District Education Council under paragraph (2)(b),
(a) the invitation to tender shall stipulate the time, date and place of tender opening, and
(b) the tender opening, when carried out, shall be a public tender opening and shall include the posting of the names of the tenderers and the amounts of their respective bids.
6(4)Notwithstanding paragraphs (2)(a) and (2)(b), the Minister of Education may by notice in writing advise a District Education Council that a contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education shall have tenders called and the award of contract made by the Minister of Education.
6(5)Where the Minister of Education deems an emergency exists whereby lands or structures owned by the Crown and under the administration and control of the Minister of Education require immediate reconstruction or repair and the provisions of paragraph (2)(b) would apply, he may
(a) by notice in writing authorize a District Education Council to negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by the District Education Council does not exceed ten thousand dollars, or
(b) negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by an engineer or architect of the Minister of Education does not exceed ten thousand dollars.
6(6)Where the Minister of Education authorizes a District Education Council to act under paragraph (5)(a), the negotiation for a contract and the award thereof may be undertaken upon receipt by the District Education Council of a telegram, telex or telephone call from the Minister of Education or his authorized representative which initial authorization shall be confirmed by proper notice in writing.
2009-121
6(1)Subject to subsections (2) and (5), every award of contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education shall be preceded by public tender.
6(2)Where a proposed contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education
(a) has a value, where a tender call is made by a Board of School Trustees, of less than two thousand dollars as estimated by the Board of School Trustees, the award of contract may be negotiated with and made to one person by the Board of School Trustees,
(b) has a value, where the tender call is made by a Board of School Trustees, of two thousand dollars or more but not exceeding ten thousand dollars as estimated by the Board of School Trustees, the award of contract may be preceded by tenders invited from not fewer than three persons,
(c) has a value, as estimated by an engineer or architect of the Minister of Education, of more than ten thousand dollars, the contract shall have tenders called and the award of contract made by the Minister of Education in accordance with section 4, or
(d) is tendered by the Minister of Education, the tender call shall, subject to subsection (5), be in accordance with the provisions of section 4.
6(3)Where tenders are invited by a Board of School Trustees under paragraph (2)(b),
(a) the invitation to tender shall stipulate the time, date and place of tender opening, and
(b) the tender opening, when carried out, shall be a public tender opening and shall include the posting of the names of the tenderers and the amounts of their respective bids.
6(4)Notwithstanding paragraphs (2)(a) and (2)(b), the Minister of Education may by notice in writing advise a Board of School Trustees that a contract for the construction, repair or alteration of land or structures owned by the Crown and under the administration and control of the Minister of Education shall have tenders called and the award of contract made by the Minister of Education.
6(5)Where the Minister of Education deems an emergency exists whereby lands or structures owned by the Crown and under the administration and control of the Minister of Education require immediate reconstruction or repair and the provisions of paragraph (2)(b) would apply, he may
(a) by notice in writing authorize a Board of School Trustees to negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by the Board of School Trustees does not exceed ten thousand dollars, or
(b) negotiate with and award a contract to one person for such work as is necessary to alleviate the emergency if the value of the work as estimated by an engineer or architect of the Minister of Education does not exceed ten thousand dollars.
6(6)Where the Minister of Education authorizes a Board of School Trustees to act under paragraph (5)(a), the negotiation for a contract and the award thereof may be undertaken upon receipt by the Board of School Trustees of a telegram, telex or telephone call from the Minister of Education or his authorized representative which initial authorization shall be confirmed by proper notice in writing.