New South Wales Consolidated Regulations

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Tenders may be varied in certain circumstances

176 Tenders may be varied in certain circumstances

(1) At any time before a council accepts any of the tenders that it has received for a proposed contract, a person who has submitted a tender may, subject to subclause (2), vary the tender:
(a) by providing the council with further information by way of explanation or clarification, or
(b) by correcting a mistake or anomaly.
(2) Such a variation may be made either:
(a) at the request of the council, or
(b) with the consent of the council at the request of the tenderer, but only if, in the circumstances, it appears to the council reasonable to allow the tenderer to provide the information or correct the mistake or anomaly.
(3) If a tender is varied in accordance with this clause, the council must provide all other tenderers whose tenders have the same or similar characteristics as that tender with the opportunity of varying their tenders in a similar way.
(4) A council must not consider a variation of a tender made under this clause if the variation would substantially alter the original tender.
(5) A council must keep a record of:
(a) the circumstances requiring the variation of a tender, and
(b) the name of the staff member handling the matter.

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