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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 763/96

CONSOLIDATED NEWFOUNDLAND REGULATION 763/96

Public Tender Regulations
under the
Public Tender Act
(O.C. 96‑282)

Under the authority of section 12 of the Public Tender Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Call for tenders

        4.   Opening of tenders

        5.   Particulars to be provided

        6.   Delegation of powers

        7.   Provincial Preference Act

        8.   Exception

        9.   Information to be provided

      10.   Repeal


Short title

        1. These regulations may be cited as the Public Tender Regulations.

168/87 s1

Definition

        2. In these regulations "Act" means the Public Tender Act.

168/87 s2

Call for tenders

        3. (1) Where a tender is required to be invited under section 3 or 4 of the Act, the government funded body shall publish a call for tenders in at least one daily newspaper published and in general circulation in the province and in the other printed media that the government funded body may consider it appropriate to ensure adequate notice.

             (2)  A call for tender shall include the following:

             (a)  a brief description of the public work to be executed, the goods or services to be acquired or the space to be leased and the location of the execution, acquisition or space;

             (b)  the place where a person may obtain information and documents necessary to tender;

             (c)  the conditions for obtaining the documents to tender;

             (d)  the place where the tenders are to be sent;

             (e)  the date and time limit for submitting tenders; and

              (f)  the time and place of the opening of the tenders.

             (3)  Tenders submitted under the Act or these regulations shall be in writing.

168/87 s3

Opening of tenders

        4. (1) A government funded body inviting or causing to be invited tenders shall open the tenders in a place where the public is permitted to watch and at the time indicated in the call for tenders.

             (2)  A tender may not be opened unless there are at least 2 witnesses present who are acceptable to the government funded body opening the tender.

168/87 s4

Particulars to be provided

        5. (1) Where a government funded body intends to lease space, it shall provide the following to persons interested in tendering:

             (a)  a statement of all requirements respecting the space;

             (b)  specification standards for the space;

             (c)  an offer form;

             (d)  a proposed lease;

             (e)  other information as the government funded body may think necessary to ensure tenderers have as much information as possible that is relevant to the lease proposal.

             (2)  Where the estimated rental value of the space to be leased is less than $5,000, the government funded body shall solicit as many tenders as is reasonably possible and subsection (1) applies in respect of the solicitations.

             (3)  Where the Department of Works, Services and Transportation intends to lease space,

             (a)  in the case of space equal to or in excess of 100 square metres, that department shall obtain the approval of Treasury Board before entering into the lease; and

             (b)  in the case of space of less than 100 square metres, that department shall inform Treasury Board of the lease commitment subsequent to entering into the lease.

             (4)  If in relation to the leased space there is no preferred bidder, the head of the government funded body may

             (a)  reject all tenders and re‑advertise in accordance with these regulations; or

             (b)  accept as the preferred bidder the bidder with the lowest bid who meets the requirements and specifications that are in the opinion of the head of the government funded body the most significant and necessary for the leased space.

168/87 s5

Delegation of powers

        6. (1) A minister of a department of the government may delegate the power to approve change orders, extensions or increased costs under sections 5 and 6 of the Act so long as the delegation

             (a)  is in writing;

             (b)  specifies the position title of the person to whom the power is delegated; and

             (c)  specifies the monetary limit up to which the person may exercise the delegated power.

             (2)  A head of a government funded body, other than a government department, may delegate power under subsection 7(2) of the Act so long as the delegation

             (a)  is in writing;

             (b)  specifies the position title of the person to whom the power is delegated; and

             (c)  specifies the monetary limit up to which the person may exercise the delegated power.

168/87 s6

Provincial Preference Act

        7. Where public works, goods or services have been prescribed under section 7 of the Provincial Preference Act to be exempt from the provisions of that Act, the preferred bidder is the lowest qualified bidder.

168/87 s7

Exception

        8. Under subsection 8(2) of the Act, notwithstanding that tenders are invited in accordance with the Act, the head of a government funded body may, without first obtaining the approval of the Lieutenant‑Governor in Council, reject the preferred bidder and award the contract to a person other than the preferred bidder, when, in the opinion of the head of the government funded body, the delay resulting from proceeding in accordance with the Act and regulations would result in or compound a pressing emergency.

168/87 s8

Information to be provided

        9. Where a head of a government funded body is required to inform the Minister of Works, Services and Transportation under subsection 8(3) of the Act or under section 10 of the Act, the head of the government funded body shall provide, within 5 days of the awarding of the contract or the execution of public work or the acquisition of goods or services or the space leased to the minister, the information required in the form prescribed by the minister or further information as the minister may request.

168/87 s9

Repeal

      10. The Public Tender Regulations, Newfoundland Regulation 168/87, are repealed.