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Statutes of Newfoundland 1998


CHAPTER 10

CHAPTER 10

AN ACT TO AMEND THE PUBLIC TENDER ACT

(Assented to June 5, 1998)

Analysis

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Tenders

3. S.4 Amdt.
Tender when leasing

4. S.5 Amdt.
Change orders & extensions

5. S.10 Amdt.
Tabling where no tender

6. S.12 R&S
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cP-45

1. (1) Paragraph 2(a) of the Public Tender Act is repealed and the following substituted:

(a) "goods or services" means goods or services provided to government funded bodies;

(2) Subparagraph 2(b)(i) of the Act is repealed and the following substituted:

(i) a department of the government of the province, or in the case where goods or services are acquired on behalf of a department of the government of the province by the Government Purchasing Agency, the Government Purchasing Agency,

(3) Paragraphs 2(g) and (h) of the Act are repealed and the following substituted:

(g) "services" does not include legal, engineering, architectural, accounting, land surveying, banking or insurance services, or other services that require the giving of an opinion, creativity, the preparation of a design, or technical expertise; and

(h) "tender" means a call for public tender as prescribed by the regulations.

2. (1) Paragraph 3(2)(a) of the Act is repealed and the following substituted:

(a) where the estimated cost, in the case of goods or services is not more than $10,000, and in the case of a public work is not more than $20,000, exclusive of goods and services tax imposable under Part IX of the Excise Tax Act (Canada) and retail sales imposable under the Retail Sales Tax Act;

(2) Paragraph 3(2)(c) of the Act is repealed and the following substituted:

(c) where the work can be more expeditiously or economically executed by the employees of the government funded body or, with the prior approval of the Treasury Board, the employees of another government funded body;

(3) Subsection 3(2) of the Act is further amended by deleting the word "or" at the end of paragraph (g), the period at the end of paragraph (h) and adding immediately after paragraph (h) the following:

(i) where, in the opinion of the Minister of Industry, Trade and Technology, and subject to the approval of the Lieutenant-Governor in Council, the work or acquisition is for an economic development purpose; or

(j) where, in the opinion of the head of the government funded body, inviting a tender would not achieve the best value and the government funded body has, through the minister responsible for it, obtained the approval of the Lieutenant-Governor in Council to carry out a request for proposals, as prescribed by the regulations, instead of a tender call.

(4) Subsection 3(3) of the Act is amended by striking out the amount "$7,500" and substituting the amount "$10,000".

3. (1) Paragraph 4(1)(a) of the Act is amended by striking out the amount "$7,500" and substituting the amount "$10,000".

(2) Subsections 4(4) and (5) of the Act are repealed and the following substituted:

(4) A lease for space that was originally publicly tendered and that contains a provision for a renewal option may, where the area of the renewed space is less than or the same as the space leased in the original lease, be renewed with the approval of the Treasury Board, or the area of space held under a lease may be reduced with the approval of the Treasury Board,

(a) in accordance with the terms of the original lease; or

(b) on terms more favourable to the government funded body where, in the opinion of the head of that government funded body those terms do not exceed the fair market value for that leased space.

(5) A lease for space that was not originally publicly tendered or that was originally publicly tendered without a provision for a renewal option and a lease for an increase of the area of leased space may be renewed or entered into with the approval of the Lieutenant-Governor in Council

(a) in accordance with the original terms of the lease; or

(b) on terms more favourable to the government funded body where, in the opinion of the head of the government funded body, those terms do not exceed the fair market value for that leased space.

4. (1) Paragraph 5(1)(b) of the Act is amended by striking out the word "tender" and substituting the word "contract".

(2) Subsection 5(3) of the Act is repealed.

5. Section 10 of the Act is amended by adding immediately after the letter and brackets "(e)" the letters and brackets and word "(i) or (j)".

6. Section 12 of the Act is repealed and the following substituted:

Regulations

12. The Lieutenant-Governor in Council may make regulations

(a) defining terms used in this Act;

(b) for naming a government funded body under paragraph 3(2)(g);

(c) for the purpose of paragraph 3(2)(j);

(d) respecting the terms under which a deputy minister may delegate his or her power under section 7;

(e) respecting the establishment and use of a registry of products manufactured in the province; and

(f) generally to give effect to the purpose of this Act.

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