What is the privilege clause in the call for tenders in a call for tender?
British Columbia, Canada
The following excerpt is from Civil Construction Co. v. Sunshine Coast (Regional District), 2001 BCSC 671 (CanLII):
Similar words were contained in the call for tenders. The privilege clause in this case was similar to that in M.J.B. Enterprises Ltd. in which the court held that such a clause is compatible with the obligation to accept only the lowest compliant bid. In Glenview Corp v. Canada (Minister of Public Works) (1990), 34 F.T.R. 292, cited in M.J.B. Enterprises Ltd., the contract was not awarded as the specifications in the invitation were inadequate, so the defendant in that case retendered with improved specifications. Iacobucci J. commented at paragraph 47 of M.J.B. Enterprises Ltd.: Nonetheless, this discretion is not affected by holding that, in so far as the respondent decides to accept a tender, it must accept a compliant tender.
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