177Consideration of tender submissions

177 Consideration of tender submissions

177 Consideration of tender submissions

(1) As soon as practicable after the tender submissions for a proposed contract have been formally received under section 175, the council must assess the tender submissions.

(2) The council may only consider a tender submission—

(a) submitted to the council before the deadline specified in the invitation to tender, and

(b) submitted in the way specified in the tender proposal document, and

(c) that otherwise complies with this part.

(3) If the council receives a tender submission before the deadline specified in the invitation to tender in a way that is not specified in the tender proposal document, the council must take reasonable steps to inform the tenderer of the way in which a tender submission must be submitted.

(4) The council must consider a tender submission submitted within a period after the deadline specified in the invitation to tender that the council decides to be reasonable in the circumstances if the tenderer satisfies the council that—

(a) the tender submission was posted, lodged or otherwise sent, in a way specified in the tender proposal document, before the deadline, and

(b) in the ordinary course of business, posting, lodging or sending in that way would ensure the submission would have been received by the council before the deadline.

(5) (Repealed)

s 177: Am 2022 (800), Sch 1[30]–[32]; 2023 (677), Sch 1[4].