Queensland Consolidated Regulations

LOCAL GOVERNMENT REGULATION 2012 - REG 228

228 Tender process

(1) This section is about how a local government must invite written tenders for—

(a) a large-sized contractual arrangement; or

(b) a valuable non-current asset contract.

(2) The local government must either—

(a) invite written tenders under subsection (4) ; or

(b) invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .

(3) However, the local government may invite expressions of interest under subsection (5) only if the local government—

(a) decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and

(b) records its reasons for making the resolution in the minutes of the meeting at which the resolution was made.

(4) The invitation for tenders must—

(a) be published on the local government’s website for at least 21 days; and

(b) allow written tenders to be given to the local government while the invitation is published on the website.

(5) The invitation for expressions of interest must—

(a) be published on the local government’s website for at least 21 days; and

(b) allow written expressions of interest to be given to the local government while the invitation is published on the website.

(6) Also, the local government must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process.

Examples for subsection (6)—

publishing an invitation in an industry publication or on the QTENDERS website

(7) If the local government invites expressions of interest under subsection (5) or (6) , the local government may—

(a) prepare a short list from the persons who respond to the invitation for expressions of interest; and

(b) invite written tenders from those persons.

(8) If—

(a) an invitation to tender under subsection (4) or (7) (b) states that the local government might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and

(b) the local government does change the tender specifications;

the local government may invite all the persons who submitted a tender to change their tender to take account of the change, before making a decision on the tenders.

(9) A local government may decide not to accept any tenders it receives.

(10) However, if the local government does decide to accept a tender, the local government must accept the tender most advantageous to it, having regard to the sound contracting principles.