176Tender submissions may be varied in certain circumstances

#### 176 Tender submissions may be varied in certain circumstances 176 Tender submissions may be varied in certain circumstances > > (1) At any time before a council accepts any of the tender submissions that it has received for a proposed contract, a person who has submitted a tender submission may, subject to subsection (2), vary the tender submission— > > > > > (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 submission is varied in accordance with this section, the council must provide all other tenderers whose tender submissions have the same or similar characteristics as that tender submission with the opportunity of varying their tender submissions in a similar way. > > > (4) A council must not consider a variation of a tender submission made under this section if the variation would substantially alter the original tender submission. > > > (5) A council must keep a record of— > > > > > (a) the circumstances requiring the variation of a tender submission, and > > > > > (b) the name of the staff member handling the matter. > > **s 176:** Am 2022 (800), Sch \[23\] \[29\] \[30\].