LGOIMA Request Details: LG1963
Date received: 07/12/2020
Requested information: Procurement Policy and award of Contracts
Status: Complete
Date responded: 21/01/2021
Response:
Good morning Claudia
In response to your request, we respond as follows, and please note the attachments A – G which respond to Question 4. And Request B.
Request A:
We therefore request the following information for your Council group (ie. including CCOs):
- The nominal amount (exclusive GST) contained in your Council's procurement policy at which point a competitive and open tender is required by default.
The default position for Council procurement is to openly advertise all contract opportunities exceeding $500,000 in value.
Note: The New Zealand Transport Agency (NZTA) has a requirement for any project in excess of $200,000 to be openly advertised and procured via a competitive procurement process. Therefore, this value must be adhered to when Council is procuring Roading related goods and services which attract an NZTA subsidy.
- The reasons listed in your procurement policy for exceptions and any process it lays out.
Rule 11 - Opt-out procurements
The following is the list of valid opt-out procurements:
• Non-contractual arrangement: Any non-contractual arrangement (e.g. a Memorandum of Understanding between local authorities or with a government department) or any form of assistance including cooperative agreements.
• Council to Council negotiated agreement: Any agreement negotiated directly with another local authority for the provision of goods or services. Where the agreement includes any component of externally sourced goods or services as part of the offering, Council must satisfy itself that the procurement policy, rules and principles of the partnering local authority are broadly in line with that of its own.
• Technical / functional specialist: Where a supplier is deemed to provide a unique or specialist service that is specific to the needs of Council. This may include a service that is not available from any other supplier or a preferred service from a specific supplier based on Council's requirements e.g. a consultant to assist in a resource consent application process.
• Proprietary technology: Where a supplier is the sole supplier and/or patent holder of a specific product that is required by Council. Council must be satisfied that the proprietary technology is the most appropriate for the needs of Council.
• Land and buildings: Purchasing or renting land or existing buildings or other immovable property.
• Conditional grant: Any form of conditional grant. However, Council must not design or structure a procurement as a form of conditional grant to avoid applying the Rules.
• Internal business unit: Any form of internal business unit offering goods or services to another business unit. Notwithstanding this, each business unit must follow the rules for the procurement of externally sourced goods or services if it forms part of an internal offering i.e. consultancy services.
- The number of contracts awarded in the 2020 calendar year over that amount but were not tendered (i.e. the number of exceptions).
Council – 21 May 2020
- Attached extract from the minutes (Attachment A)
- Recommendation attached (Attachment B)
Procurement for continuation of service, and procurement of specialist services.
Consistent with clause 11.6 and clause 12.2.3 of MDC Procurement Policy.
Ohakea Rural Water Supply- Pipe SupplyHynds Pipe Systems Limited$703,056Council 17 December 2020
- Attached extract from the minutes (Attachment C)
- Extract from Recommendation Report Attached (Attachment D)
Council – 1 October 2020
- Agenda Attached (Corresponding Report p104) Attachment E)
- Minutes Attached (Attachment F)
Procurement for continuation of service, and procurement of specialist services.
Consistent with clause 11.6 and clause 12.2.3 of MDC Procurement Policy.
We trust this gives you the information you require.
regards