38Quotations and tenders not required in certain circumstances

38 Quotations and tenders not required in certain circumstances (1) A quotation or tender is not required for the provision of a supply consisting of, or related to, any of the following: (a) the purchase of land, including the leasing or licensing of land; (b) a contract for legal services; (c) the acquisition of insurance entered into through a broker; (d) the renewal of an existing licence; (e) education or training in relation to existing equipment, licences, qualifications or software from a supplier endorsed by the supplier of the equipment, licence, qualification or software; (f) a telecommunications service if: (i) the supply is ancillary to an existing telecommunications service; and (ii) the council or local government subsidiary believes on reasonable grounds that it is necessary to obtain the supply from the supplier of the existing service; (g) recovery work during or immediately after a natural disaster and the council or local government subsidiary believes on reasonable grounds that it is necessary to obtain the supply from a particular supplier;

Local Government (General) Regulations 2021 23 (h) the acquisition of a supply from a supplier if the council or local government subsidiary believes on reasonable grounds that it is unlikely that there is more than one supplier of the supply; (i) the acquisition of a supply from a supplier if a Commonwealth or Territory funding agreement entered into by the council or local government subsidiary states that a particular supplier is to provide the supply; (j) the acquisition of a supply from a particular supplier that is the only feasible option because of an event that caused major disruption to the council or local government subsidiary; (k) the acquisition of a supply where: (i) obtaining a quotation or tender for the supply would cause major operational inconvenience or have other serious consequences of a similar nature for the council or local government subsidiary; and (ii) the council or local government subsidiary has not had prior opportunity to obtain a quotation or tender for the supply; (l) a contract variation mentioned in regulation 42(4). Examples for subregulation (1)(g) Natural disasters include cyclones, floods and bushfires. Example for subregulation (1)(j) A public health emergency declared under the Public and Environmental Health Act 2011. (2) If a council or local government subsidiary obtains any supply mentioned in subregulation (1), excluding the supply mentioned in subregulation (1)(a), (b), (c) or (l), the council or local government subsidiary must record the following information in relation to the provision of the supply: (a) the name of the supplier; (b) the supply provided; (c) the cost of the supply; (d) the applicable provision of subregulation (1) relating to the provision of the supply;

Local Government (General) Regulations 2021 24 (e) if the supply is mentioned in subregulation (1)(f) or (g) – the reason that the council or local government subsidiary believed on reasonable grounds that it was necessary to obtain the supplies from the particular supplier; (f) if the supply is mentioned in subregulation (1)(h) – the reason that the council or local government subsidiary believed on reasonable grounds that it was unlikely that there was more than one supplier of the supply; (g) a description of the circumstances relevant to the provision of the supply; (h) any other information relevant to the provision of the supply. (3) If a council or local government subsidiary obtains any supply mentioned in subregulation (1), excluding the supply mentioned in subregulation (1)(a), (b), (c) or (l), and the cost of the supply is more than $100 000, the council or local government subsidiary must publish a notice on the council's or local government subsidiary's website specifying the following information in relation to the provision of the supply: (a) the name of the supplier; (b) the supply provided; (c) the cost of the supply; (d) the applicable provision of subregulation (1) relating to the provision of the supply.