Procurement Lawyers
We also appreciate the need at times to consider both intra and inter collaboration and the various benefits and savings available where appropriate.
We understand the scrutiny that governments, government entities and private companies are placed under during and after a procurement, and how important it is to consider the political landscape, any relevant government policy and key drivers and sensitivities when undertaking any procurement. We focus on the successful facilitation of efficient, but robust, transparent and defensible procurement processes that meet our clients’ needs, and establish the framework for successful project delivery and contract management over the life of the contract. At Muscat Tanzer, we pride ourselves on being innovative, proactive and solution focussed, which is why we regularly alert our clients to modern methods of procurement and tailored ways for achieving a successful procurement and project.
Our expertise
- Advising on complex, innovative and out-of-the-box procurements, including facilitating joint procurement activities undertaken by multiple governments or government departments, Federal and State grant funded procurements, public-private partnership procurements and market led procurements.
- Reviewing tender and other market approach documentation and providing advice with respect to obligations and improvements.
- Facilitating the establishment of preferred supplier, pre-qualified supplier and other standing offer panels.
- Providing advice and facilitation with respect to the most appropriate procurement method (i.e. EOI process, tender process, early tenderer involvement process, early contractor involvement process).
- Advising on the appropriate use of exceptions to procurement so as not to stifle innovation, opportunity and value.
- Drafting all tender documentation, such a briefs to tenderers/respondents, expressions of interest/tender conditions, project and contract documents, response schedules and evaluation and probity plans and reports.
- Drafting and reviewing wording related to procurements in council reports and resolutions.
- Establishing strategic contracting frameworks under the Local Government Act 2009 (Qld) and Local Government Regulation 2012 (Qld).
- Undertaking strategic contracting reviews, advice and improvements.
- Reviewing and drafting procurement policies and procedures for compliance and best practice.
Strategic contracting
By default, Queensland local governments are subject to the strict requirements for procuring contractors and service providers contained within the default contracting procedures in the Local Government Regulation 2012 (the Regulation). As an alternative to the default contracting procedures, under the Regulation, local governments have the opportunity to establish their own strategic contracting procedures which are customised to the specific needs of the local government.
Common customisations include the contract value thresholds for specific tendering methods depending on common spend patterns, tailored exceptions to tendering, modern, innovative and tailored procurement processes and increased sustainability practices within the procurement process. Correctly tailored and implemented strategic contracting procedures allow for greater operational efficiencies, reduced costs and better outcomes for government.
We have established our team as the market leaders in assisting local governments to transition to a strategic contracting framework and assist our clients with reviews of their procedures on a regular basis.
Project Highlights
Sunshine Coast Council Mooloolaba Foreshore Revitalisation Project
We act as legal, procurement and probity advisers to Sunshine Coast Council for the procurement of a major revitalisation project to create more beachfront parkland, new community facilities, improve access to the beach and foreshore and enhance coastal protection for the benefit of residents, visitors and businesses.
Sunshine Coast Council Food Organics and Garden Organics Composting Facility
We act as legal, procurement and probity advisers to Sunshine Coast Council for the procurement of a new, high-tech composting facility to see the contents of Council’s food organics and garden organics (FOGO) bins transformed into soil health products for the local community, parks, gardens and agriculture, reducing waste and increasing the city’s recycling rate. Instead of emitting greenhouse gases in landfills, composted organics return carbon to soil, restoring soil health and drawing down carbon from the atmosphere, sequestering it in soil to mitigate climate change.
Local Government Relationship Contracting Establishment
Paul Muscat, Craig Tanzer and team acted as legal, procurement and probity advisers to a local government for the establishment of an innovative relationship contracting model for council’s capital works program. We established panels of contractors for capital works including all asphalt and spray sealing work; all major civil works; and all footpaths and minor civil works. This project emphasized relationship building for better performance outcomes, enabling the council to engage contractors from a small number of technically competent suppliers over a long term, building a mutually beneficial working relationship whilst fostering competition to drive value. The model also promotes efficiencies in procurement and cost decreases, eradicating the need for a full tender process each time a contract for the relevant services needs to be entered.
Sunshine Coast Council Automated Waste Collection System
Paul Muscat, Craig Tanzer and team acted as legal, procurement and probity advisers for Sunshine Coast Council for the procurement of the Maroochydore City Centre Automated Waste Collection System (AWCS), Australia’s first underground automated waste collection system, which utilises high-tech underground vacuum pipes to remove waste from residential apartments, commercial buildings and public places, and transport it out of the city centre. The AWCS is a more efficient alternative to conventional above-ground waste collection, helping create a cleaner, healthier and more attractive city centre. The implementation of the system resulted in a significant reduction in the number of large vehicles needing to access the city centre, providing a safer and more pleasant urban environment. It also reduces the carbon footprint associated with this essential service. Our team was involved with this project right from concept stage all the way through to the completion and commissioning of the system. The system is now operational in the Maroochydore City Centre.
Local Government Solar Infrastructure Contract
Paul Muscat, Craig Tanzer and team acted as legal and procurement advisers a local government for the procurement of solar panel infrastructure on 20 Council-owned sites at zero capital cost to council. This Build, Own, Operate and Transfer (BOOT) model project was part of Council’s commitment to provide sustainable, efficient and clean energy through solar generation infrastructure, reducing Council’s ongoing energy costs (around 50% of electricity costs over the lifecycle of the assets) and allowing savings to be redirected to create other opportunities in the Region.
