28Non-application of public tender process

28 Non-application of public tender process

The following situations and contracts are prescribed for the purposes of section 333A(3) of the Act:

(a) an emergency, if, in the opinion of the general manager, there is insufficient time to invite tenders for the goods or services required in that emergency;

(b) a contract for goods or services supplied or provided by, or obtained through, an agency of a State or of the Commonwealth;

(c) a contract for goods or services supplied or provided by another council, a single authority, a joint authority or the Local Government Association of Tasmania;

(d) a contract for goods or services obtained as a result of a tender process conducted by –

(i) another council; or

(ii) a single authority or a joint authority; or

(iii) the Local Government Association of Tasmania; or

(iv) any other local government association in this State or in another State or a Territory; or

(v) any organisation, or entity, established by any other local government association in this State or in another State or a Territory;

(e) a contract for goods or services in respect of which a council is exempted under another Act from the requirement to invite a tender;

(f) a contract for goods or services that is entered into at public auction;

(g) a contract for insurance entered into through a broker;

(h) a contract arising when a council is directed to acquire goods or services due to a claim made under a contract of insurance;

(i) a contract for goods or services, if the council resolves by absolute majority and states the reasons for the decision, being that a satisfactory result would not be achieved by inviting tenders because of –

(i) extenuating circumstances; or

(ii) the remoteness of the locality; or