Northern Territory Numbered Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATIONS 2021 (NO 9 OF 2021) - REG 42

Contract variations

    (1)     If a council or local government subsidiary intends to enter into a contract and the contract is proposed to be varied in a manner that changes the cost of the supplies, the council or local government subsidiary may choose to accept that variation if the variation is within the scope of the original contract.

    (2)     The council's or local government subsidiary's acceptance of the variation must be in writing.

    (3)     If the varied contract is entered into after a quotation under regulation 34 has been accepted and the total cost of supplies exceeds $100 000 but is less than $150 000, the council or local government subsidiary must:

(a)     table a report on the contract variation at the next meeting of the council or local government subsidiary; and

(b)     publish a notice of the contract variation on the council's or local government subsidiary's website.

    (4)     If the varied contract is to be entered into after a quotation under regulation 34 has been accepted or a public quotation under regulation 35 has been accepted and the total cost of supplies exceeds $150 000, the council or local government subsidiary:

(a)     is not required to call for tenders under regulation 36 in relation to the contract variation; and

(b)     after entering into the varied contract, must:

(i)     table a report on the contract variation at the next meeting of the council or local government subsidiary; and

(ii)     publish a notice of the contract variation on the council's or local government subsidiary's website.

    (5)     If the varied contract is entered into after a tender under regulation 36 has been accepted and the total cost of supplies exceeds the original tender cost by more than 10%, the council or local government subsidiary must:

(a)     table a report on the contract variation at the next meeting of the council or local government subsidiary; and

(b)     publish a notice of the contract variation on the council's or local government subsidiary's website.

    (6)     A notice of a contract variation under this regulation must include the following details:

(a)     the name of the supplier that submitted the successful quotation or tender;

(b)     the supplies to be provided;

(c)     the original contract cost of supplies;

(d)     the total contract cost of supplies;

(e)     the percentage increase between the original contract cost of supplies and the total contract cost of supplies;

(f)     the applicable provision of these Regulations relating to the contract variation.



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