(1) This Part applies to all contracts for which a council is required by section 55 of the Act to invite tenders.(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.
(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.