NSWIn ForceRegulation
Local Government (General) Regulation 2021
168Selective tendering method by which invitations to tender for proposed contract are made following public advertisement asking for expressions of interest
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#### 168 Selective tendering method by which invitations to tender for proposed contract are made following public advertisement asking for expressions of interest
168 Selective tendering method by which invitations to tender for proposed contract are made following public advertisement asking for expressions of interest
> > (1) A council that decides to allocate a particular proposed contract using the selective tendering method referred to in section 166(b) must publish an advertisement inviting applications from persons interested in making a tender submission for the proposed contract—
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> > > (a) on the website of the council, and
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> > > (b) in any other manner that the council considers necessary to bring it to the attention of persons who may be interested in making a tender submission for the proposed contract.
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> > (2) Every such advertisement must include—
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> > > (a) a brief description of the work, goods, facilities, services or property concerned, and
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> > > (b) the name of a person to whom requests for information concerning the proposed contract may be addressed and how the person can be contacted, and
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> > > (c) the deadline for submitting applications, and
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> > > (d) state the way an application must be made.
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> > (2A) The deadline must be a specified time on a date that is at least 21 days after the date of publication or first publication of the advertisement.
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> > (3) A council must consider all applications made in response to such an advertisement and, in so doing, must take into account—
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> > > (a) the experience of the applicants in fulfilling the requirements of similar contracts, and
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> > > (b) the capacity of the applicants to fulfil the requirements of the proposed contract.
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> > (4) After considering the applications, the council may either—
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> > > (a) send invitations in writing to all applicants, or such of them as the council thinks will be able to fulfil the requirements of the proposed contract, to tender for the proposed contract, or
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> > > (b) decline to invite tenders from any of the applicants.
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> > (5) In inviting tenders from applicants, the council must—
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> > > (a) invite them to tender before the deadline specified in the invitations, and
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> > > (b) give details of where and when tender proposal documents relating to the proposed contract can be obtained and the purchase price of those documents, and
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> > > (c) state the way a tender submission must be submitted.
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> > (5A) The deadline must be a specified time on a date that is at least 21 days after the date of the invitation.
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> > (6) The tender proposal documents relating to the proposed contract must comply with section 170.
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> **s 168:** Am 2022 (800), Sch 1\[4\] \[5\] \[8\] \[10\]–\[15\].