New South Wales Consolidated Regulations

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 169

169 Selective tendering method by which recognised contractors listed by council are invited to tender for particular kinds of proposed contracts

(1) A council that decides to use the selective tendering method referred to in clause 166 (c) for the allocation of proposed contracts of a specified kind must publish in the relevant newspapers an advertisement inviting applications from persons interested in tendering for proposed contracts of that kind so that the council may prepare a list of suitable tenderers.

(2) Every such advertisement must include:

(a) a brief description of the kind of work, goods, facilities, services or property concerned, and

(b) the name of a person to whom requests for information concerning the proposed contracts may be addressed and how the person can be contacted, and

(c) the deadline for submitting applications.

(3) A council must consider all applications made in response to such an advertisement and, in so doing, take into account the experience of the applicants in fulfilling the requirements of, and their capacity to undertake, similar contracts.

(4) After considering an application under this clause, the council may either:

(a) list the applicant as a recognised contractor for some or all of the kinds of work, goods, facilities, services or property specified in the application, or

(b) reject the application in whole or part.

(5) In seeking tenders for a particular proposed contract, a council may invite some or all of the recognised contractors listed by it under this clause to tender for that contract and may do so on the basis of:

(a) their capacity to fulfil the requirements of that contract, and

(b) the number of occasions on which each contractor has previously been invited to tender for similar proposed contracts.

(6) In inviting tenders for a proposed contract from recognised contractors listed by the council under this clause, the council must:

(a) invite them to submit tenders to the council by the deadline specified in the invitations, and

(b) give details of where and when tender documents relating to the proposed contract can be obtained and the purchase price of those documents.

The deadline must be a specified time on a date that is at least 21 days after the date of the invitation.

(7) The tender documents relating to the proposed contract must comply with clause 170.

(8) As an alternative to listing persons as recognised contractors in accordance with subclauses (1)-(4), a council may adopt a list of contractors prepared by another public authority, but only if the list was prepared by the authority following the publication of an advertisement similar to that provided for under subclause (1).

(9) If a council adopts such a list, the persons whose names appear on the list are taken to be recognised contractors for the kinds of work, goods, facilities, services or property specified in the list.

(10) A person who is a contractor recognised by a council ceases to be so recognised if the person informs the council in writing that the person no longer wishes to be listed as a recognised contractor for the purposes of this clause.

(11) Nothing in this clause requires a council to take the action referred to in subclause (1) on each occasion that it decides to invite tenders under this clause.