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S.M. 2007, c. 16
Bill 14, 1st Session, 39th Legislature
The Government Purchases Amendment Act (Responsible Manufacturing)
(Assented to November 8, 2007)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Government Purchases Act is amended by this Act.
Section 1 is amended by adding the following definition:
"compliant bid" means a bid
(a) made by a person who has met all conditions imposed in the request for tenders on persons seeking the contract in question, and
(b) that meets all requirements for the goods to be purchased set out in the request for tenders; (« soumission conforme »)
Section 7 is replaced with the following:
All purchases of goods made under authority of this Act are subject to the following rules:
(a) all purchases must be made in the most economical manner possible;
(b) whenever possible, competitive offers are to be obtained through the use of public tenders or similar means;
(c) every request for tenders must set out
(i) the conditions that must be met by persons bidding on the contract in question,
(ii) the requirements for the goods in question, and
(iii) the criteria on which compliant bids will be evaluated;
(d) subject to the regulations, when public tenders or similar means are used, the contract must be awarded as follows:
(i) if the request for tenders states that price is to be the deciding factor between compliant bids, the contract must be awarded to the compliant bid with the lowest price,
(ii) in any other case, the contract must be awarded to the compliant bid that receives the highest rating using the evaluation criteria set out in the request for tenders.
Responsible manufacturer policy
For the purchase of classes of goods prescribed by regulation, persons bidding must establish that the goods have been or will be produced in accordance with minimum fair labour practices prescribed by regulation.
Section 17 is replaced with the following:
The Lieutenant Governor in Council may make regulations
(a) for the purpose of clause 7(1)(d), respecting when a contract need not be awarded to the compliant bid with the lowest price or the highest-rated compliant bid;
(b) prescribing minimum fair labour practices and classes of goods for the purpose of subsection 7(2);
(c) respecting when the responsible manufacturer policy set out in subsection 7(2) does not apply;
(d) respecting any matter necessary or advisable to carry out the purposes of this Act.
This Act comes into force on a day to be fixed by proclamation.