36Tenders by council or local government subsidiary

36 Tenders by council or local government subsidiary (1) This regulation applies if a council or local government subsidiary: (a) elects to obtain tenders under regulation 34(2)(c) or 35(2)(b); or (b) proposes to obtain supplies at a cost of more than $150 000. (2) The council or local government subsidiary must first call for tenders for the provision of those supplies by notice: (a) in relation to a council – published on the council's website; or (b) in relation to a local government subsidiary – published on the (3) The notice must contain a statement to the effect that notice of the successful tender will be published on the council's or local (4) The council or local government subsidiary must allow at least 5 business days for the receipt of tenders after giving the notice specified in subregulation (2).

Local Government (General) Regulations 2021 21 (5) A tender received in response to the notice must be assessed: (a) for a council – by a panel that includes at least 3 members of the staff of the council or another council or the staff of a local government subsidiary; or (b) for a local government subsidiary – by a panel that includes at least 3 members of the staff of the local government subsidiary or a constituent council of the local government (6) The panel is to be convened by the CEO or chief executive and has the following functions: (a) to consider the tenders received in response to the notice; (b) to provide a report, in writing, to the CEO or chief executive in relation to the tenders. (7) The CEO or chief executive may not be a member of a panel the CEO or chief executive has convened under subregulation (6). (8) The CEO or chief executive must provide the report from the panel under subregulation (6) to the council or local government (9) The council or local government subsidiary may only accept a tender for the provision of supplies: (a) from among those that submitted tenders; and (b) after receiving the report from the CEO or chief executive under subregulation (8). (10) If a council or local government subsidiary accepts a tender for the provision of supplies to the council or local government subsidiary, it must: (a) accept the tender by written notice to the person who submitted the successful tender; and (b) give notice of the successful tender: (i) in writing to each other person who submitted a tender; and (ii) by publishing the notice on the council's or local

Local Government (General) Regulations 2021 22 (11) Notice for subregulation (10)(b) must include: (a) the name of the supplier who submitted the successful tender; and (b) the supplies to be provided; and (c) the tender price.