Division 1(1) This Part applies to all contracts for which a council is required by section 55 of the Act to invite tenders.Note. This Part does not apply to other kinds of contracts. However, a council may apply provisions of this Part (with any necessary alterations) to other kinds of contracts if it wishes to do so.(1A) The following persons are prescribed for the purposes of section 55 (3) (a) of the Act:(i) Local Government Procurement Partnership (ABN 34 578 553 267),(ii) MAPS Group Limited trading as Strategic Purchasing (ABN 45 058 335 363).(1B) To avoid doubt, a reference to a person prescribed by subclause (1A) includes any duly appointed agent of that person.(2) For the purposes of section 55 (3) (n) of the Act, section 55 does not apply to a contract involving an estimated expenditure or receipt of an amount of less than $150,000.
In this Part:appropriate person, in relation to a tender submitted to a council, means a person designated by the general manager to receive or deal with tenders submitted to the council and, if a person is not designated, means the general manager.
electronic means includes electronic communication within the meaning of the Electronic Transactions Act 2000.
formal tender document means a standard form document issued by a council for completion by tenderers in connection with the submission of tenders to the council.
goods includes materials.
instalment contract means a contract requiring the payment of instalments by or to a council over a period of 2 or more years.
public authority includes a council.
relevant newspapers, in relation to a council, means:
(a) a Sydney metropolitan daily newspaper, and(b) either or both of the following:(i) a newspaper circulating in the council’s area,(ii) a newspaper circulating in the district where potential tenderers are likely to be carrying on business or to be residing.tender means a tender submitted or proposed to be submitted to a council in accordance with this Part.
Note. Part 2 of the Electronic Transactions Act 2000 facilitates the use of electronic communication as a means of effecting certain transactions, such as contracts.
165 Requirements for contracts to which this Part applies
(1) A council may enter into a contract to which this Part applies only in accordance with the provisions of this Part.(2) A contract to which this Part applies, and any variation or discharge of the contract, must be in writing and must be executed by or on behalf of the council.