Document ID: chunk:federal_register_of_legislation:F2024L00627:body:0:p20
Version: federal_register_of_legislation:F2024L00627
Segment Type: other
Provision Reference: 
Character Range: 56421–59361

new submissions, the new time limit must apply equitably.

Late submissions
    10.28    Late submissions must not be accepted unless the submission is late as a consequence of mishandling by the relevant entity. A relevant entity must not penalise any potential supplier whose submission is received after the specified deadline if the delay is due solely to mishandling by the relevant entity.
    10.29    Relevant entity mishandling does not include mishandling by a courier or mail service provider engaged by a potential supplier to deliver a submission. It is the responsibility of the potential supplier to ensure that the submission is dispatched in sufficient time for it to be received by the relevant entity by the deadline.

    10.30    Late submissions should be returned unopened to the potential supplier who submitted them, to:
       1. ensure that they are not evaluated or compared with submissions which were submitted by the due time and date;
       2. demonstrate to other tenderers that the process for receiving submissions is fair and impartial; and
        3. eliminate scope for any suggestion that the submission was rejected for any reason other than because it was late.
    10.31    It may be necessary to open a late submission if there is no return address or any indication of which approach to market the submission relates. When a submission has been opened under such circumstances the potential supplier should be advised that the submission was rejected due to lateness and advised of the reason it was opened.

Receipt and opening of submissions
    10.32    Procedures to receive and open submissions must guarantee fairness and impartiality and must ensure that submissions are treated in confidence.
    10.33    When a relevant entity provides tenderers with opportunities to correct unintentional errors of form between the opening of submissions and any decision, the relevant entity must provide the opportunity equitably to all tenderers.
    10.34    Further consideration must be given only to submissions that meet minimum content and format requirements.

Awarding contracts
    10.35    Unless a relevant entity determines that it is not in the public interest to award a contract[14], it must award a contract to the tenderer that the relevant entity has determined:
       1. satisfies the conditions for participation;
       2. is fully capable of undertaking the contract; and
        3. will provide the best value for money, in accordance with the essential requirements and evaluation criteria specified in the approach to market and request documentation.
    10.36    A relevant entity must not use options, cancel a procurement, or terminate or modify an awarded contract, so as to avoid the rules of Division 2 of these CPRs.

Appendix A: Exemptions

Procurements of the following kinds of goods and services are exempt from the rules of Division 2 of the CPRs, and from