Statutes of Newfoundland 1998 Chapter I-19.1

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Statutes of Newfoundland 1998

CHAPTER I-19 CHAPTER I-19.1

AN ACT TO PROVIDE FOR PARTICIPATION BY THE PROVINCE IN AN INTERGOVERNMENTAL JOINT PURCHASING AGREEMENT AND TO
REPEAL THE PROVINCIAL PREFERENCE ACT
(Assented to June 5, 1998)

Analysis

1. Short title

2. Definitions

3. Public Tender Act not applicable

4. Act repealed

5. Public Tender Act Amdt.

6. Works, Services Transportation Act Amdt.

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

Short title

1. This Act may be cited as the Intergovernmental Joint Purchasing Act.

Definitions

2. In this Act

(a) "authority" means an authority established by an inter-governmental joint purchasing agreement to carry out acquisitions under the agreement;

(b) "government-funded body" means a government funded body as defined in the Public Tender Act; and

(c) "joint purchasing agreement" means an agreement entered into by the province and one or more other governments to provide for joint acquisition of goods and services required by government funded bodies.

Public Tender Act not applicable

3. Where the province enters into a joint purchasing agreement, the province may, notwithstanding the Public Tender Act, acquire goods and services under the agreement and the provisions of the agreement respecting the acquisition of goods and services shall apply to the acquisition instead of the provisions of the Public Tender Act.

Act repealed

4. The Provincial Preference Act is repealed.

Public Tender Act Amdt.

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 (1) Paragraph 2(e) of the Public Tender Act is repealed and the following substituted:

(e) "preferred bidder" means the bidder submitting the lowest qualified bid;

(2) Section 2 of the Act is further amended by adding immediately after paragraph (f) the following:

(f.1) "qualified bid" means a bid that meets the specifications of the tender;

Works, Services Transportation Act Amdt.

6. (1) Notwithstanding Part IV of the Works, Services and Transportation Act, a central purchasing authority established under that Part may acquire through an authority goods and services that it is authorized to acquire.

(2) Notwithstanding Part V of the Act, the Government Purchasing Agency may acquire through an authority goods and services that are required by the departments of the public service.