LOCAL GOVERNMENT (FUNCTIONS AND GENERAL) REGULATIONS 1996 - REG 11
LOCAL GOVERNMENT (FUNCTIONS AND GENERAL) REGULATIONS 1996 - REG 11
11 . When tenders have to be publicly invited
(1A) In this
regulation —
COVID‑19 declaration has the meaning given
in the Emergency Management Act 2005 section 77C(1);
state of emergency declaration has the meaning
given in the Emergency Management Act 2005 section 3.
(1) Tenders are
to be publicly invited according to the requirements of this Division before a
local government enters into a contract for another person to supply goods or
services if the consideration under the contract is, or is expected to be,
more, or worth more, than $250 000 unless subregulation (2) states
otherwise.
(2) Tenders do not
have to be publicly invited according to the requirements of this Division
if —
(a) the
supply of the goods or services is to be obtained from expenditure authorised
in an emergency under section 6.8(1)(c) of the Act; or
(aa) the
supply of the goods or services is associated with a state of emergency or a
COVID‑19 declaration; or
(b) the
supply of the goods or services is to be obtained through the WALGA Preferred
Supplier Program; or
[(ba) deleted]
(c)
within the last 6 months —
(i)
the local government has, according to the requirements
of this Division, publicly invited tenders for the supply of the goods or
services but no tender was submitted that met the tender specifications or
satisfied the value for money assessment; or
(ii)
the local government has, under regulation 21(1),
sought expressions of interest with respect to the supply of the goods or
services but no person was, as a result, listed as an acceptable tenderer;
or
(d) the
contract is to be entered into by auction after being expressly authorised by
a resolution of the council of the local government; or
(e) the
goods or services are to be supplied by or obtained through the government of
the State or the Commonwealth or any of its agencies, or by a local government
or a regional local government; or
(ea) the
goods or services are to be supplied —
(i)
in respect of an area of land that has been incorporated
in a district as a result of an order made under section 2.1 of the Act
changing the boundaries of the district; and
(ii)
by a person who, on the commencement of the order
referred to in subparagraph (i), has a contract to supply the same kind
of goods or services to the local government of the district referred to in
that subparagraph;
or
(f) the
local government has good reason to believe that, because of the unique nature
of the goods or services required or for any other reason, it is unlikely that
there is more than one potential supplier; or
(g) the
goods to be supplied under the contract are —
(i)
petrol or oil; or
(ii)
any other liquid, or any gas, used for internal
combustion engines;
or
(h) the
following apply —
(i)
the goods or services are to be supplied by —
(I) a person registered on the Aboriginal
Business Directory WA published by the Chamber of Commerce and Industry of
Western Australia Limited ABN 96 929 977 985; or
(II) a person
registered with the Australian Indigenous Minority Supplier Office Limited
(trading as Supply Nation) ABN 50 134 720 362;
and
(ii)
the consideration under the contract is $250 000 or
less, or worth $250 000 or less; and
(iii)
the local government is satisfied that the contract
represents value for money;
or
(i)
the goods or services are to be supplied by an Australian
Disability Enterprise; or
(ia) the
contract is formed by the novation of a contract to which
subregulation (1) applies; or
(j) the
contract is a renewal or extension of the term of a contract (the original
contract ) where —
(i)
the original contract was entered into after the local
government, according to the requirements of this Division, publicly invited
tenders for the supply of goods or services; and
(ii)
the invitation for tenders contained provision for the
renewal or extension of a contract entered into with a successful tenderer;
and
(iii)
the original contract contains an option to renew or
extend its term; and
(iv)
the supplier’s tender included a requirement for
such an option and specified the consideration payable, or the method by which
the consideration is to be calculated, if the option were exercised;
or
(ja) the
contract is a renewal or extension of the term of a contract (the original
contract ) where —
(i)
the original contract is to expire within 3 months;
and
(ii)
the renewal or extension is for a term of not more than
12 months from the expiry of the original contract; and
(iii)
the contract for renewal or extension is entered into at
a time when there is in force a state of emergency declaration or a
COVID‑19 declaration applying to the district, or part of the district,
of the local government;
or
(jb) the
contract is a renewal or extension of the term of a contract (the original
contract ) for the supply of dental or medical services by a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the dental profession or medical profession; or
(k) the
goods or services are to be supplied by a pre‑qualified supplier under
Division 3.
(3) For the purposes
of subregulation (2)(aa) a supply of goods or services is associated with
a state of emergency if —
(a) the
contract for the supply is entered into while there is in force a state of
emergency declaration applying to the district, or part of the district, of
the local government; and
(b) the
local government considers that the goods or services are required for the
purposes of addressing a need arising from the hazard, or from the impact or
consequences of the hazard, to which the state of emergency declaration
relates.
(4) For the purposes
of subregulation (2)(aa) a supply of goods or services is associated with
a COVID‑19 declaration if —
(a) the
contract for the supply is entered into while there is in force a
COVID‑19 declaration applying to the district, or part of the district,
of the local government; and
(b) the
local government considers that the goods or services are required for the
purposes of addressing a need arising from the occurrence of COVID‑19,
or from the impact or consequences of the occurrence of COVID‑19, in the
area to which the COVID‑19 declaration relates.
(5) For the purposes
of subregulation (2)(jb), it is immaterial that the supplier also
supplies services under the original contract that are not dental or medical
services.
(6)
Subregulation (2)(jb) does not apply in relation to the renewal or
extension of the term of a contract by —
(a) the
local government of a district in the metropolitan area; or
(b) the
City of Mandurah.
[Regulation 11 amended: Gazette
29 Apr 1997 p. 2145; 26 Jun 1998 p. 3447;
25 Feb 2000 p. 970‑1; 29 Jun 2001 p. 3130;
31 Mar 2005 p. 1054‑5; 2 Feb 2007
p. 245‑6; 18 Sep 2015 p. 3804‑6;
SL 2020/35 r. 8; SL 2020/55 r. 5; SL 2022/177
r. 14; SL 2023/47 r. 4.]