Commonwealth Numbered Acts

PREFERENCE TO AUSTRALIAN GOODS (COMMONWEALTH AUTHORITIES) ACT 1980 No. 113, 1980 - SECT 13

13. (1) For the purposes of this section-

   (a)  tender prices shall be adjusted in accordance with the provisions of
        section 12; and

   (b)  where a tender price in relation to goods is so adjusted-that price,
        as so adjusted, shall be deemed to be the tender price of the goods as
        set out in the tender.

(2) Subject to this section, the lowest suitable tender of the tenders
received for the supply of goods for a Commonwealth authority shall be
accepted.

(3) A Commonwealth authority may refer to the Minister for his direction the
question whether a tender should be treated as unsuitable for further
consideration, and shall do so in any case where the regulations so provide.

(4) For the purpose of ascertaining the lowest tender of the suitable tenders
received for the supply of goods for a Commonwealth authority, regard shall be
had to the tender prices of the goods as set out in those tenders.

(5) A Commonwealth authority may refer to the Minister for his direction the
tenders received for the supply of goods (being tenders in which the
Australian content of the goods concerned is required to be set out) and shall
do so if-

   (a)  the tender price of the goods as set out in the lowest suitable tender
        equals or exceeds $100,000 or such other amount as is prescribed for
        the purposes of this sub-section; and

   (b)  the percentage figure representing the Australian content of goods set
        out in the lowest suitable tender is less than the percentage figure
        representing the Australian content of goods set out in any of the
        other suitable tenders.

(6) For the purposes of sub-section (5), where the percentage figure
representing the Australian content of goods set out in a tender is less by
not more than 10 than the percentage figure representing the Australian
content of goods set out in another tender, the 2 percentage figures shall be
deemed to be equal.

(7) A reference under sub-section (3) or (5) shall be supported by such
related documents as are prescribed.

(8) A Commonwealth authority shall furnish to the Minister such further
information relating to a reference under sub-section (3) or (5) as the
Minister requires.

(9) In considering a reference under sub-section (5), the Minister shall take
into account all the circumstances of the case and may have regard to the
national interest and may, by instrument in writing-

   (a)  direct the acceptance of that one of the tenders received for the
        supply of the goods that, in his view, is the appropriate tender;

   (b)  direct the Commonwealth authority concerned to inform each of the
        tenderers that no tender will be accepted; or

   (c)  where in the call for tenders the Commonwealth reserves the right to
        accept separate tenders for each or any item, or any part of an item,
        to which the call relates-direct the acceptance of 2 or more tenders
        that, in his view, are the appropriate tenders.

(10) Where a reference of a question is made to the Minister under sub-
section (3) or (5), the question shall be resolved in accordance with the
direction, in writing, of the Minister.
(11) In this section, "tender" includes any quotation for the supply of goods.