Variation of requirements before entry into contract
20 Variation of requirements before entry into contract
If, after it has invited tenders for the supply of goods or services and chosen a successful tenderer but before it has entered into a contract for the supply of the goods or services required, the local government wishes to make a minor variation in the goods or services required, it may, without again inviting tenders, enter into a contract with the chosen tenderer for the supply of the varied requirement subject to such variations in the tender as may be agreed with the tenderer.
If —
the chosen tenderer is unable or unwilling to enter into a contract to supply the varied requirement; or
the local government and the chosen tenderer cannot agree on any other variation to be included in the contract as a result of the varied requirement,
that tenderer ceases to be the chosen tenderer and the local government may, instead of again inviting tenders, choose the tenderer, if any, whose tender the local government considered it would be the next most advantageous to it to accept.
In subregulation (1) —
minor variation means a variation that the local government is satisfied is minor having regard to the total goods or services that tenderers were invited to supply.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.