ACT Numbered Regulations - Explanatory Statements

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GOVERNMENT PROCUREMENT AMENDMENT REGULATION 2009 (NO 1) (NO 17 OF 2009)

2009










THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY

GOVERNMENT PROCUREMENT
AMENDMENT REGULATION 2009 (No. 1)


SUBORDINATE LAW SL2009-17





EXPLANATORY STATEMENT

Presented by
Mr Jon Stanhope MLA
Minister for Territory and Municipal Services

Australian Capital Territory

Overview

This regulation is made under section 52 of the Government Procurement Act 2001 and amends the quotation and tender thresholds as set by Part 2 Government procurement – quotation and tender thresholds of the Government Procurement Regulation 2007 (Regulation).

The amended quotation and tender thresholds are:
• a Territory entity must seek one oral quotation for all procurements valued under $25 000 (formerly $5 000 for goods and services and $20 000 for capital works);
• a Territory entity must seek a minimum of three written quotations for all procurements valued at $25 000 or more and less than $200 000 (formerly $100 000); and
• a Territory entity must invite public tenders for all procurements valued at or above $200 000.

CLAUSE NOTES

Clauses 1 ‘Name of regulation’ and 2 ‘Commencement’ are formal provisions. They set out the title of the regulation, and the commencement provisions.

Clause 3 ‘Legislation amended’ explains that this regulation amends the Government Procurement Regulation 2007.

Clause 4 ‘Section 5’ amends section 5 of the Regulation to set the number and type of quotations required for a procurement of goods, services or works with an estimated value of less than $25 000.

Clause 5 ‘Section 6’ amends section 6 of the Regulation to set the number and type of quotations required for a procurement of goods, services or works with an estimated value of $25 000 or more and less than $200 000.

Clause 6 ‘Sections 7 and 8’ omits sections 7 and 8 from the Regulation.

Clause 7 ‘Section 9’ amends section 9 of the Regulation to require that a territory entity invites public tenders for a procurement of goods, services or works with an estimated value of $200 000 or more.

Clause 8 ‘Section 10 (1)’ is a consequential amendment. Section 10 provides the circumstances in which a chief executive officer may exempt a territory entity from complying with the quotation and tender thresholds for a particular procurement. This clause amends the sections of the Regulation to which Section 10 refers.