City of Brisbane Amendment Regulation (No. 1) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 239 City of Brisbane Act 1924 CITY OF BRISBANE AMENDMENT REGULATION (No. 1) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 6—FINANCIAL MANAGEMENT STANDARD FOR CONTRACTS AND TENDERING 55 Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 56 Exemptions to requirement to seek tenders or quotations—Act, s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 57 Preconditions for establishing a standing offer or preferred supplier arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 58 Preconditions for establishing a register of pre-qualified suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 59 Procedure for establishing purchasing arrangements . . . . . . . . . . . . 4 60 Entering into contracts under LGA arrangements . . . . . . . . . . . . . . . 4

s1 2 s3 City of Brisbane Amendment (No. 1) No. 239, 1999 ˙ Short title 1. This regulation may be cited as the City of Brisbane Amendment Regulation (No. 1) 1999 . ˙ Regulation amended 2. This regulation amends the City of Brisbane Regulation 1993 . ˙ Insertion of new pt 6 3. After part 5— insert — ‘ PART 6—FINANCIAL MANAGEMENT STANDARD FOR CONTRACTS AND TENDERING ˙ ‘ Definitions for pt 6 ‘ 55. In this part— ‘ “LGA arrangement” means an LGA arrangement under the Local Government Finance Standard 1994. “preferred supplier arrangement” means an arrangement by the council with a supplier for the supply of goods or services under agreed pricing conditions for a stated period. “pre-qualified supplier” means a supplier who has been assessed by the council as having the technical, financial and managerial capability necessary to perform contracts on time and in accordance with agreed requirements. “purchasing arrangement” means— (a) a standing offer arrangement; or (b) a preferred supplier arrangement; or (c) a register of pre-qualified suppliers.

s3 3 s3 City of Brisbane Amendment (No. 1) No. 239, 1999 “standing offer arrangement” means an arrangement to which the council is a party with a supplier for the supply of goods or services at a fixed price for a stated period. ˙ ‘ Exemptions to requirement to seek tenders or quotations—Act, s 42A ‘ 56. For section 42A(1)(a) of the Act, a contract is made under an exemption to open competition if the contract is entered into— (a) under a standing offer or a preferred supplier arrangement; or (b) with a supplier from a register of pre-qualified suppliers; or (c) under an LGA arrangement. ˙ ‘ Preconditions for establishing a standing offer or preferred supplier arrangement ‘ 57. The council may establish a standing offer or preferred supplier arrangement only if— (a) the supply of goods or services is needed in large volumes or frequently; and (b) the council is able to obtain better value for money by aggregating demand for the goods or services needed; and (c) the goods or services needed can be stated in terms that would be well understood in the industry concerned. ˙ ‘ Preconditions for establishing a register of pre-qualified suppliers ‘ 58. The council may establish a register of pre-qualified suppliers only if— (a) the preparation and evaluation of invitations each time the goods or services are needed would be costly; or (b) the capability or financial capacity of the supplier is critical; or (c) the goods or services supplied involve significant security considerations; or

s3 4 s3 City of Brisbane Amendment (No. 1) No. 239, 1999 (d) a precondition of an offer to contract is compliance with defined standards; or (e) the ability of local business to supply the goods or services needed by the council needs to be ascertained or encouraged. ˙ ‘ Procedure for establishing purchasing arrangements ‘ 59.(1) If the council proposes to establish a purchasing arrangement, it must invite persons to tender. ‘ (2) The invitation must— (a) be in the way provided for inviting tenders in section 42 of the Act; and (b) state the purchasing arrangement for which the person is tendering. ‘ (3) The council must ensure there is provision for the evaluation of a purchasing arrangement including, for example, removal of a person from an arrangement because of the person’s poor performance of a contract entered into under the arrangement. ‘ (4) The council may enter a purchasing arrangement for longer than 2 years only if satisfied better value will be achieved by entering into a longer arrangement. ˙ ‘ Entering into contracts under LGA arrangements ‘ 60. For entering into a contract under an LGA arrangement, a reference in the arrangement to a local government is a reference to the council.’. ENDNOTES 1. Made by the Governor in Council on 28 October 1999. 2. Notified in the gazette on 29 October 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Communication and Information, Local Government and Planning. © State of Queensland 1999