New South Wales Consolidated Regulations

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Tender documents

170 Tender documents

(1) The tender documents relating to a proposed contract must:
(a) give details of the work to be carried out, the goods or facilities to be provided, the services to be performed or the property to be disposed of and, if the proposed contract is an instalment contract:
(i) give details of the instalments to be paid by or to the council, and
(ii) specify the period over which the instalments are to be paid, and
(iii) specify the intervals between payment of the instalments, and
(b) specify the criteria on which the assessment of tenders will be based, and
(c) specify the name of a person to whom requests for information concerning the proposed contract may be addressed and how the person can be contacted, and
(d) indicate whether formal tender documents must be submitted in relation to the tender and, if so, how they may be obtained, and
(e) if the proposed contract is for the performance of domestic or other waste management services of the same kind as those performed under a contract in force immediately before the tenders are invited (an
"existing contract" )--specify the information which must be submitted about the continuity of employment of workers employed or engaged by the contractor under the existing contract to perform the domestic or other waste management services (the
"existing workers" ).
(1A) Without limiting subclause (1) (e), information that must be submitted is:
(a) a statement as to whether or not the proposed contractor intends to offer the existing workers employment or engagement with the contractor if the tender is accepted, and
(b) if employment or engagement is offered--relevant details of the terms and conditions of employment or engagement that will be offered (including details of remuneration, preservation of accrued or accruing leave and other entitlements, hours of work, working conditions and rights to negotiate working conditions under the Industrial Relations Act 1996 , the conduct of training with respect to industrial rights and occupational health and safety, duration of the employment or engagement and rights with respect to trade union membership).
(2) If a council amends tender documents after they have been issued to persons, it must take all reasonably practicable steps to inform those persons of the amendments.
(3) Subclause (1) (e) does not apply to tender documents issued before the commencement of this subclause.
(4) In this clause:

"domestic or other waste management services" means the storage, treatment, processing, collecting, removal, disposal, destruction, sorting or recycling of domestic waste and other waste.

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