Acts and Regulations

82-109 - General

Section 9
Disposition versions

Full text
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.
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.
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.
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.
9(5)An amendment of tender shall not disclose the amended total tender price but shall show
(a) the revised bid price per items to be amended in the case of a unit price contract,
(b) the amount to be added to or subtracted from the contract price in the case of a lump sum contract, or
(c) the information that is missing from the original tender deposit.
9(6)Subsection (2) applies to any letter or facsimile amending a tender and any amendment of tender that is submitted electronically.
9(7)If the tender deposit and amendment is found to be a valid submission of tender and amendment, the contract price shall be amended to reflect the original tender deposit as amended by the tender amendment.
87-168; 2021-59
9(1)A person submitting a tender shall deposit the tender in the tender box at the location and within the time stipulated in the public notice of tender.
9(2)The responsibility for depositing a tender in the tender box in the proper location within the proper time is that of the person submitting the tender and the Crown assumes no responsibility for depositing in the tender box in the proper location within the proper time those tender submissions which have been mailed, transmitted or delivered to employees of the Crown.
9(3)Only those tenders deposited in the tender box shall be considered.
9(4)A person who has signed and submitted an original tender may amend it after it has been deposited in the tender box by ensuring that a letter, telegram, telex or facsimile telecopier copy, clearly identifying on its face the project being tendered and the tender being amended, is deposited in the tender box before the time stipulated for tender opening.
9(5)An amendment of tender shall not disclose the amended total tender price but shall show
(a) the revised bid price per items to be amended in the case of a unit price contract,
(b) the amount to be added to or subtracted from the contract price in the case of a lump sum contract, or
(c) the information that is missing from the original tender deposit.
9(6)Subsection (2) applies to a letter, telegram, telex or facsimile telecopier copy amending a tender.
9(7)If the tender deposit and amendment is found to be a valid submission of tender and amendment, the contract price shall be amended to reflect the original tender deposit as amended by the tender amendment.
87-168