Local Government (General) Regulation 2021

A council that decides to prepare a list of suitable tenderers for the allocation of proposed contracts of a specified kind using the selective tendering method referred to in section 166(c) must publish an advertisement inviting applications from persons interested in making a tender submission for proposed contracts of that kind—

on the website of the council, and

in any other manner that the council considers necessary to bring it to the attention of persons who may be interested in making a tender submission for the proposed contract.

Every such advertisement must include—

a brief description of the kind of work, goods, facilities, services or property concerned, and

the name of a person to whom requests for information concerning the proposed contracts may be addressed and how the person can be contacted, and

the deadline for submitting applications, and

the way an application must be made.

A council must consider all applications made in response to such an advertisement and, in so doing, take into account the experience of the applicants in fulfilling the requirements of, and their capacity to undertake, similar contracts.

After considering an application under this section, the council may either—

list the applicant as a recognised contractor for some or all of the kinds of work, goods, facilities, services or property specified in the application, or

reject the application in whole or part.

In seeking tenders for a particular proposed contract, a council may invite some or all of the recognised contractors listed by it under this section to tender for that contract and may do so on the basis of—

their capacity to fulfil the requirements of that contract, and

the number of occasions on which each contractor has previously been invited to tender for similar proposed contracts.

In inviting tenders for a proposed contract from recognised contractors listed by the council under this section, the council must—

invite them to tender before the deadline specified in the invitations, and

give details of where and when tender proposal documents relating to the proposed contract can be obtained and the purchase price of those documents, and

state the way a tender submission must be submitted.

The deadline must be a specified time on a date that is at least 21 days after the date of the invitation.

The tender proposal documents relating to the proposed contract must comply with section 170.

As an alternative to listing persons as recognised contractors in accordance with subsections (1)–(4), a council may adopt a list of contractors prepared by another public authority, but only if the list was prepared by the authority following the publication of an advertisement similar to that provided for under subsection (1).

If a council adopts such a list, the persons whose names appear on the list are taken to be recognised contractors for the kinds of work, goods, facilities, services or property specified in the list.

A person who is a contractor recognised by a council ceases to be so recognised if the person informs the council in writing that the person no longer wishes to be listed as a recognised contractor for the purposes of this section.

Nothing in this section requires a council to take the action referred to in subsection (1) on each occasion that it decides to invite tenders under this section.