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 (5) (Repealed) 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\[4\].