LOCAL GOVERNMENT (GENERAL) REGULATIONS 2021
46Collective procurement agreement
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46 Collective procurement agreement (1) A collective procurement agreement must set out: (a) the entities that constitute the group; and (b) the supplies that are to be obtained; and (c) which of the entities in the group is to be the lead entity for the group; and (d) any matters required for regulation 47(2)(b); and (e) for regulation 47(3) – the individuals who are to constitute the group's tender committee and the entity the individuals represent; and (f) the decision making process for acceptance of quotations or tenders for the group; and (g) how administrative and other expenditure associated with the collective procurement are to be allocated between the members of the group; and (h) the process for settling disputes between the entities in the group about the collective procurement; and
Local Government (General) Regulations 2021 29 (i) the process by which the agreement may be terminated. Examples for subregulation (1)(f) Whether the decision to accept a quotation for the group is to be made by the lead entity on behalf of the group, by unanimous agreement of all entities in the group, by majority vote of the entities in the group, or in some other way. (2) For subregulation (1)(e): (a) the committee must include at least 3 people representing at least one entity each, with each entity represented; and (b) a member of the committee may be identified by name or as the person from time to time holding or occupying a named office, designation or position. Note for subregulation (2)(a) An individual may represent more than one entity. (3) A copy of the collective procurement agreement must be made available to a prospective supplier on request.