sec.218Tender process

sec.218 Tender process

This section is about how the council must invite written tenders for— a large-sized contractual arrangement; or a valuable non-current asset contract. The council must either— invite written tenders under subsection (4) ; or invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) . However, the council may invite expressions of interest under subsection (5) only if the council— decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and records its reasons for making the resolution in the minutes of the meeting at which the resolution was made. The invitation for tenders must— be published on the council’s website for at least 21 days; and allow written tenders to be given to the council while the invitation is published on the website. The invitation for expressions of interest must— be published on the council’s website for at least 21 days; and allow written expressions of interest to be given to the council while the invitation is published on the website. Also, the council 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. publishing an invitation in an industry publication or on the QTENDERS website If the council invites expressions of interest under subsection (5) or (6) , the council may— prepare a short list from the persons who respond to the invitation for expressions of interest; and invite written tenders from those persons. If— an invitation to tender under subsection (4) or (7) (b) states that the council might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and the council does change the tender specifications; the council 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. The council may decide not to accept any tenders it receives. However, if the council does decide to accept a tender, the council must accept the tender most advantageous to it, having regard to the sound contracting principles. s 218 amd 2020 SL No. 244 s 16 (sec.218-ssec.1) This section is about how the council must invite written tenders for— a large-sized contractual arrangement; or a valuable non-current asset contract. (sec.218-ssec.2) The council must either— invite written tenders under subsection (4) ; or invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) . (sec.218-ssec.3) However, the council may invite expressions of interest under subsection (5) only if the council— decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and records its reasons for making the resolution in the minutes of the meeting at which the resolution was made. (sec.218-ssec.4) The invitation for tenders must— be published on the council’s website for at least 21 days; and allow written tenders to be given to the council while the invitation is published on the website. (sec.218-ssec.5) The invitation for expressions of interest must— be published on the council’s website for at least 21 days; and allow written expressions of interest to be given to the council while the invitation is published on the website. (sec.218-ssec.6) Also, the council 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. publishing an invitation in an industry publication or on the QTENDERS website (sec.218-ssec.7) If the council invites expressions of interest under subsection (5) or (6) , the council may— prepare a short list from the persons who respond to the invitation for expressions of interest; and invite written tenders from those persons. (sec.218-ssec.8) If— an invitation to tender under subsection (4) or (7) (b) states that the council might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and the council does change the tender specifications; the council 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. (sec.218-ssec.9) The council may decide not to accept any tenders it receives. (sec.218-ssec.10) However, if the council does decide to accept a tender, the council must accept the tender most advantageous to it, having regard to the sound contracting principles.