New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 177

Consideration of tenders

177 Consideration of tenders

(1) As soon as practicable after the tenders for a proposed contract have been opened, the council must assess the tenders.
(2) A council must not consider a tender that is not submitted to the council by the deadline for the closing of tenders. This subclause is subject to subclauses (4) and (5).
(3) A council must consider a tender transmitted to it by facsimile machine or electronic means, but only if:
(a) in the case of transmission by electronic means, that means of transmission was specified in the relevant tender documents, and
(b) the transmission was received before the deadline for the closing of tenders, and
(c) the tender is complete.
(4) However, if a council has specified in the relevant tender documents issued by the council that a tender will not be considered unless formal tender documents are submitted to the council, then (despite subclause (3)), the council is not obliged to consider a tender transmitted to it in accordance with that subclause (being a tender that does not include formal tender documents) unless:
(a) the tenderer is able to satisfy the council that formal tender documents and all other requisite essential information were posted or lodged at a Post Office or other recognised delivery agency before the deadline for the closing of tenders, and
(b) the council actually receives those documents within such period as it decides to be reasonable in the circumstances.
(5) A council must also consider a tender received within such period after the deadline for the closing of tenders as it decides to be reasonable in the circumstances if the tenderer satisfies the council that the tender documents and all other requisite essential information were posted or lodged at a Post Office or other recognised delivery agency in sufficient time to enable the documents to have been received by the council in the ordinary course of business before that deadline.



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