Commonwealth Procurement Rules  
13 June 2023  
Achieving value for money  
 
 
 
 
13 June 2023  
Authorised Version F2023L00766 registered 12/06/2023Department of Finance  
Commonwealth Procurement Rules  
Commencing 13 June 2023    2 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Department of Finance  
(Commercial)  
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ISBN: 978-1-925537 -93-2   
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 1. Foreword  
 
I am pleased to release the Commonwealth Procurement Rules which reflect the Australian 
Government’s policies and expectations for procuring officials. They will simplify the way 
Australian Government procurement works, ensuring more opportunities are available to 
small and medium enterprises.  
I have made these Commonwealth Procurement Rules under section 105B(1) of t he Public 
Governance, Performance and Accountability Act 2013 (PGPA Act). The previous 
Commonwealth Procurement Rules (No. 2) – 1 July 2022 (F2022L00874) are repealed when 
this instrument commences on 13 June 2023.  
The Commonwealth Procurement Rules are th e foundation of the Commonwealth 
procurement framework. The Rules are supported by a range of tools, guidance material and 
templates developed and maintained by the Department of Finance to provide assurance, 
accountability and transparency into Government  procurement activities, and make it easier 
for businesses to participate in the economy and grow their business through contracting to 
the Australian Government.  
Achieving value for money is the core rule of the Commonwealth Procurement Rules as it is 
critical in ensuring that public resources are used in the most efficient, effective, ethical and 
economic manner. Price is not the only factor when assessing value for money, and these 
Rules require officials to consider a range of other relevant financial a nd non -financial costs 
and benefits. Broader economic and social benefits can be realised through normalising 
consideration of environmental sustainability and climate change impacts, the use of 
recycled materials in public projects and through more divers ity and competition in our 
supplier base and workforces. This will provide greater opportunities for small, regional and 
Indigenous owned businesses to contribute to the Australian economy and create more jobs 
for local communities.  
The Commonwealth procur ement framework is a major economic lever, and the Government 
will use its significant purchasing power to support all businesses to deliver better value for 
money, grow the local economy and strengthen our domestic industry and manufacturing 
capability to  build a better future for all Australians.  
Small business is the backbone of the Australian economy and the Government is committed 
to maximising small business participation in Commonwealth procurement, providing greater 
opportunities for local businesse s to create more jobs for Australians. These Commonwealth 
Procurement Rules deliver a commitment to help business grow and provides them with 
more confidence and certainty to plan for the future.  
 
 
Katy Gallagher  
Minister for Finance  
9 June 2023   
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 Contents  
Section  Page  
1. Foreword  3 
2. Procurement framework  6 
Procurement  6 
Resource Management Framework  7 
International obligations  9 
3. How to use the Commonwealth Procurement Rules  9 
Compliance with the two divisions of the CPRs  9 
Using Appendix A exemptions  10 
Division 1: Rules for all procurements  11 
4. Value for money  11 
Considering value for money  11 
Achieving value for money  11 
Broader benefits to the Australian economy  12 
Procurement -connected policies  12 
Coordinated procurement  13 
Cooperative procurement  13 
Contract end dates  13 
Third -party procurement  13 
5. Encouraging competition  14 
Non-discrimination  14 
Small and Medium Enterprises  14 
6. Efficient, effective, economical and ethical procurement  15 
Ethical behaviour  15 
Judicial Review  16 
Commonwealth Contracting Suite  16 
7. Accountability and transparency  16 
Records  16 
AusTender  17 
Annual procurement plans  17 
Notifications to the market  17 
Providing information  18 
Reporting arrang ements  18 
Subcontractors  18 
Treatment of confidential information  19 
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 Contract management/Standard verification  19 
Other obligations  19 
8. Procurement risk  20 
9. Procurement method  20 
Requirement to estimate value of procurement  20 
Procurement thresholds  21 
Procurement methods  21 
Procurement from existing arrangements  22 
Division 2: Additional rules for procurements at or above the relevant procurement 
threshold  23 
10. Additional rules  23 
Conditions for limited tender  23 
Request documentation  24 
Specifications  25 
Modification of evaluation criteria or specifications  25 
Conditions for participation  26 
Minimum time limits  26 
Late submissions  27 
Receipt and opening of submissions  28 
Awarding contracts  28 
Appendix A: Exemptions  29 
Appendix B: Definitions  30 
 
 
  
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 2. Procurement framework  
2.1 The Commonwealth Procurement Rules (CPRs) are issued by the Minister for 
Finance (Finance Minister) under section 105B(1) of the Public Governance, 
Performance and Accountability Act 2013  (PGPA Act).  
2.2 Officials from non-corporate Commonwealth entities  and presc ribed corporate 
Commonwealth entities  listed in section 30 of the Public Governance, Performance 
and Accountability Rule 2014  must comply with the CPRs when performing duties 
related to procurement. These entities will collectively be referred to as releva nt 
entities  throughout the CPRs.  
2.3 Rules that  must  be complied with in undertaking procurement  are denoted by the 
term ‘ must ’. Non-corporate Commonwealth entities  must  report non -compliance with 
the rules of the CPRs through the Commonwealth’s compliance rep orting process. 
The term ‘should’ indicates good practice.  
2.4 The CPRs are the core of the procurement framework, which also includes:  
a. web-based guidance, developed by the Department of Finance (Finance) to assist 
entities to implement the procurement framewo rk;  
b. Resource Management Guides, which advise of key changes and developments in 
the procurement framework; and  
c. templates, such as the Commonwealth Contracting Suite, which simplify and 
streamline processes, creating uniformity across Commonwealth contract s to 
reduce the burden on businesses when contracting with the Commonwealth.  
2.5 An Accountable Authority  may use Accountable Authority Instructions to set out  
entity -specific operational rules to ensure compliance with the rules of the 
procurement framework.  
2.6 These CPRs do not apply to the extent that  an official  applies  measures determined 
by their Accountable Authority  to be necessary for the maintenance or restoration of 
international peace and security, to protect human health, for the protection  of 
essential security interests, or to protect national treasures of artistic, historic or 
archaeological value.1   
Procurement  
2.7 Procurement  is the process of acquiring goods  and services. It begins when a need 
has been identified and a decision has been m ade on the procurement requirement. 
Procurement  continues through the processes of risk assessment, seeking and 
evaluating alternative solutions,  and the awarding  and reporting  of a contract .  
2.8 In addition to the acquisition of goods  and services by a relev ant entity  for its own use, 
procurement  includes the acquisition of goods  and services on behalf of another 
relevant entity  or a third party.  
 
1 Where such measures are applied, because Divisions 1 and 2 do not apply in full to the procurement , this has the effect that 
the procurement  is not a covered procurement under the Government Procurement (Judicial Review ) Act 2018 ; see section 6 . 
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 2.9 Procurement  does not include:  
a. grants (whether in the form of a contract , conditional gift or deed)2; 
b. investments ( or divestments);  
c. sales by tender;  
d. loans;  
e. procurement  of goods  and services for resale or procurement  of goods  and 
services used in the production of goods  for resale;  
f. any property right not acquired through the expenditure of relevant money  (for 
example, a right to pursue a legal claim for negligence);  
g. statutory appointments;  
h. appointments made by a Minister using the executive power (for example, the 
appointment of a person to an advisory board);  
i. the engagement of employees, such as under t he Public Service Act 1999 , the 
Parliamentary Services Act 1999 , a relevant entity’s  enabling legislation or the 
common law concept of employment ; or 
j. arrangements between non-corporate Commonwealth entities  where no other 
suppliers were approached.  
2.10 Following the awarding of the contract , the delivery of and payment for the goods  and 
services and, where relevant, the ongoing management of the contract  and 
consideration of disposal of goods , are important elements in achieving the objectives 
of the procurement .  
Resource Management Framework  
2.11 Relevant entities  and officials  operate in an environment of legislation and 
Commonwealth policy. Within that broad context, the Resource Management 
Framework consists of the legislation and policy governing the man agement of the 
Commonwealth’s resources. Figure 1 sets out the main elements of this environment 
related to procurement . 
 
2 As defined in the Commonwealth Grants Rules and Guidelines . 
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Figure 1: Legislation and policy  
 
2.12 The procurement framework is a subset of the Resource Management Framework  
related to the procurement  of goods  and services.  
2.13 Section 16 of the PGPA Act outlines an Accountable Authority's  duty to establish 
appropriate internal control systems for their relevant entity . The CPRs provide the 
necessary framework for Accountable Authorities when issuing Accountable Authority 
Instructions and operational requirements in relation to procurement . In the area of 
procurement , an Accountable Authority  should provide a mechanism to:  
a. apply the principles and requirements of the resource management and 
procurement frameworks, focusing on the relevant entity's  operations; and  
b. provide primary operational instructions to relevant entity  officials  in carrying out 
their dutie s related to procurement , in a way that is tailored to a relevant entity's  
particular circumstances and needs.  
2.14 Non-compliance with the requirements of the Resource Management Framework,  
including in relation to procurement , may attract a range of criminal,  civil or Legislative and policy environment  
Governs APS actions  
Resource management f ramework  
Governs resource management, including proposals to spend  
relevant money, in relevant entities  
 
Public Governance, Performance and Accountability Act  2013 
Public Governance, Performance and Accountability Rule  2014 
Financial Reporting Rule  
Procurement f ramework  
Governs duties related to the procurement of goods and services  
 
Commonwealth Procurement Rules  
Finance ’s Procurement Policy Website  
Finance Guidance  
Other Procurement Guidance   
Accountable Authority Instructions/ internal 
procedures/operation al guidelines  
Provide the detailed operational guidance to an entity ’s officials on 
financial management, including procurement  Legislation e.g.  
The Constitution  
Public Service Act 1999  
Crimes Act 1914  
Auditor -General Act 1997 
Appropriation Acts  
Government Procurement 
(Judicial  Review) Act  2018  
Modern Slavery Act 2018  
 Policies e.g.  
Open Competition  
Mandatory Reporting  
Public Works  International obligations  
Free trade agreements 
and other commitments  
 
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 administrative remedies including under the Public Service Act 1999  and the  
Crimes Act 1914 . 
International obligations  
2.15 Australia is party to a range of free trade arrangements. These arrangements are 
implemented domestically by legislation and/or Commonwealth policy. Relevant 
international obligations have been incorporated in these CPRs. Therefore, an official  
undertaking  a procurement  is not required to refer directly to international agreements.  
3. How to use the Commonwealth Procurement 
Rules  
3.1 The CPRs set out the rules that officials  must  comply with when they procure goods  
and services. The CPRs  also indicate good practice. The CPRs have been designed 
to provide officials  with flexibility in developing and implementing procurement  
processes that reflect their relevant entity’s  needs.  
3.2 Achieving value for money is the core rule of the CPRs. This re quires the 
consideration of the financial and non -financial costs and benefits associated with 
procurement .  
3.3 Further information and guidance on applying the CPRs are available on Finance’s 
procurement policy website at www.finance.gov.au/procurement . 
3.4 Relevant entities  may have additional rules, guidance, templates or tools that apply 
when conducting procurements . 
Compliance with the two divisions of the CPRs  
3.5 Officials  of non-corporate Commonwealth entit ies must  comply with the ‘rules for all 
procurements’ listed in Division 1, regardless of the procurement  value. Officials  must  
also comply with the ‘additional rules’ listed in Division 2 when the estimated value of 
the procurement  is at or above the rele vant procurement threshold  and when an 
Appendix A exemption does not apply.  
3.6 Officials  of corporate Commonwealth entities  prescribed in section 30 of the Public 
Governance, Performance and Accountability Rule 2014  (PGPA Rule) as having to 
comply with the C PRs must  comply with the ‘rules for all procurements’ listed in 
Division 1 and the ‘additional rules’ listed in Division 2 when the expected value of the 
procurement  is at or above the relevant procurement threshold  and when an  
Appendix A exemption does n ot apply.  
3.7 Despite  being prescribed corporate Commonwealth entities , Australian Digital Health 
Agency, Australian Human Rights Commission , High Speed Rail Authority , National 
Portrait Gallery of Australia,  Old Parliament House , and Regional Investment 
Corporation , must apply a procurement threshold and reporting threshold of $80,000 
for procurements  other than the procurement of construction services . They may opt -
in to coordinated procurements and must only comply with those policies of the 
Commonwealt h that specify compliance by corporate Commonwealth entities . 
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 3.8 Despite being a corporate Commonwealth entity, the Commonwealth Superannuation 
Corporation, in regard to  the administrative services that relate to the superannuation 
schemes it administers  only, must  apply a procurement threshold of $80,000 and a 
reporting threshold of $10,000 for procurements other than the procurement of 
construction services. They may opt -in to coordinated procurements and must only 
comply with those policies of the Commonwea lth that specify compliance by corporate 
Commonwealth entities .  
Using  Appendix A exemption s 
3.9 When an Appendix A exemption applies, the  additional rules of Division 2 for 
procurements at or above the relevant procurement threshold  do not apply to the 
procurement , but the relevant entity  must  still comply with the rules for all 
procurements  (Division 1), excluding paragraphs 4.7, 4.8 and 7.26 . This does not 
prevent a relevant entity  from voluntarily conducting the procurement  for goods  or 
services cover ed by an Appendix A exemption in accordance with some or all of the 
processes and principles of Division 2.  
  
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 Division 1: Rules for all procurements  
4. Value for money  
Considering value for money  
4.1 A thorough consideration of value for money begins by officials  clearly understanding 
and expressing the goals and purpose of the procurement .  
4.2 When a business requirement arises, officials  should consider whether a procurement  
will deliver the best value for money. It is important to take into consideration:  
a. stakeholder input;  
b. the scale and scope of the business requirement;  
c. the relevant entity’s  resourcing and budget;  
d. obligations and opportunities under other existing arrangements;  
e. relevant Commonwealth policies; and  
f. the market’s capacity to competitively respond to a procurement . 
4.3 When a relevant entity determines that procurement  represents the best value for 
money, these considerations will inform the development and implementation of the 
procurement . 
Achieving value  for money  
4.4 Achieving value for money is the core rule of the CPRs. Officials  responsible for a 
procurement  must  be satisfied, after reasonable enquiries, that the procurement  
achieves a value for money outcome. Procurements  should:  
a. encourage competition an d be non -discriminatory;  
b. use public resources  in an efficient, effective, economical and ethical manner that 
is not inconsistent with the policies of the Commonwealth3; 
c. facilitate accountable and transparent decision making;  
d. encourage appropriate engagemen t with risk; and  
e. be commensurate with the scale and scope of the business requirement.  
4.5 Price is not the sole factor when assessing value for money. When conducting a 
procurement, an official  must  consider the relevant financial and non -financial costs 
and benefits of each submission  including, but not limited to  the: 
a. quality of the goods  and services;  
b. fitness for purpose of the proposal;  
 
3 See sections 15 and 21 of the PGPA Act . 
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 c. potential supplier’s  relevant experience and performance history;  
d. flexibility of the proposal (including innovation and a daptability over the lifecycle of 
the procurement ); 
e. environmental sustainability of the proposed goods  and services (such as energy 
efficiency, environmental and climate change impact and the use of recycled 
products ) 
i. recognising the Australian Government’ s commitment to sustainable 
procurement practices, entities are required to consider the Australian 
Government’s Sustainable Procurement Guide  where there is opportunity for 
sustainability or use of recycled content4; 
ii. the Sustainable Procurement Guide  is available from the Department of 
Agriculture, Water and the Environment’s website; and  
f. whole -of-life costs.  
4.6 Whole -of-life costs could include:  
a. the initial purchase price of the goods  and services;  
b. maintenance and operating costs;  
c. transition out costs;  
d. licensing costs (when applicable);  
e. the cost of additional features procured after the initial procurement;  
f. consumable costs , including the environmental sustainability of consumables ; and  
g. decommissioning, remediation and disposal costs  (including waste d isposal ). 
Broader benefits to the Australian economy  
4.7 In addition to the value for money considerations at paragraphs 4.4 – 4.6, for 
procurements  above $4 million  (or $7.5  million for construction services ) (except 
procurements  covered by Appendix A and procurements  from standing offers ), 
officials  are required to consider the economic benefit of the procurement  to the 
Australian economy.  
4.8 The policy operates within the context of relevant national and international 
agreements and procurement  policies to whic h Australia is a signatory, including free 
trade agreements and the Australia and New Zealand Government Procurement 
Agreement.  
Procurement -connected policies  
4.9 Procurement -connected policies are policies of the Commonwealth for which 
procurement  has been id entified as a means of delivery. Non-corporate 
Commonwealth entities  and prescribed corporate Commonwealth entities  must  
comply with  a procurement -connected policy where the policy indicates that it is 
 
4 The Sustainable Procurement Guide  includes information on what procurements are appropriate . 
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 applicable to the procurement process. Finance maintains a list of   
procurement -connected policies  at www.finance.gov.au/procurement . 
4.10 Generally, procurement -connected policies are the responsibility of entities other than 
Finance. The relevant policy -owning entity is responsible for administering, reviewing 
and providing information on the policy as required.  
Coordinated procurement  
4.11 Coordinated procurement refers to whole -of-government arrangements for procuring 
goods  and services. A list of coordinated procurements can be found at 
www.finance.gov.au/procurement . 
4.12 Non-corporate Common wealth entities  must  use coordinated procurements. 
Exemptions from coordinated procurements can only be granted jointly by the 
requesting non-corporate Commonwealth entity’s  Portfolio Minister and the  
Finance Minister when a non-corporate Commonwealth ent ity can demonstrate a 
special need for an alternative arrangement5. Prescribed corporate Commonwealth 
entities  may opt -in to coordinated procurements.  
Cooperative procurement  
4.13 Cooperative procurements involve more than one relevant entity  as the buyer. 
Relevant entities  can procure cooperatively by approaching the market together or by 
joining an existing contract  of another relevant entity . 
4.14 If a relevant entity  intends to join an existing contract  of another relevant entity , the 
initial request documentatio n and the contract  must  have already specified potential 
use by other relevant entities . 
4.15 Relevant entities  joining an existing contract  must  ensure that:  
a. value for money is achieved;  
b. the goods  and services being procured are the same as provided for within  the 
contract ; and  
c. the terms and conditions of the contract  are not being materially altered.  
Contract end dates  
4.16 When a contract  does not specify an end date  it must  allow for periodic review and 
subsequent termination of the contract  by the relevant entity , if the relevant entity  
determines that it does not continue to represent value for money.  
Third -party procurement  
4.17 Procurement  by third parties on behalf of a relevant entity  can be a valid way to 
procure goods  and services, provided it achieves val ue for money.  
 
5 Or when  the coordinated proc urement specifies an alternative approach for obtaining exemptions.  
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 4.18 Relevant entities  must  not use third -party arrangements to avoid the rules in the 
CPRs when procuring goods  and services.  
5. Encouraging competition  
5.1 Competition is a key element of the Australian Government’s procurement framework. 
Effective c ompetition requires non -discrimination and the use of competitive 
procurement processes.  
5.2 Participation in procurement  imposes costs on relevant entities  and potential 
suppliers . Those costs should be considered when designing a process that is 
commensurate  with the scale, scope and risk of the proposed procurement . 
Non-discrimination  
5.3 The Australian Government’s procurement framework is non -discriminatory.  
5.4 All potential  suppliers  to government must , subject to these CPRs, be treated 
equitably based on their  commercial, legal, technical and financial abilities and not be 
discriminated against due to their size, degree of foreign affiliation or ownership, 
location, or the origin of their goods  and services.  
Small and Medium Enterprises  
5.5 To ensure that Small and  Medium Enterprises  (SMEs ) can engage in fair competition 
for Australian Government business, officials  should apply procurement practices that 
do not unfairly discriminate against SMEs  and provide appropriate opportunities for 
SMEs  to compete. Officials  should consider, in the context of value for money:  
a. the benefits of doing business with competitive SMEs  when specifying 
requirements and evaluating value for money;  
b. barriers to entry, such as costly preparation of submissions , that may prevent 
SMEs  from co mpeting;  
c. SMEs’  capabilities and their commitment to local or regional markets; and  
d. the potential benefits of having a larger, more competitive supplier base, including 
the disaggregation of large projects into smaller packages, where appropriate, that 
maximise competition.  
5.6 The Australian Government is committed to non-corporate Commonwealth entities  
sourcing at least 2 0 per cent of procurement  by value from SMEs . 
5.7 In addition, the Government has a target of non-corporate Commonwealth entities 
procuring 35 per cent of contracts,  by value, with a value of up to $20 million from 
SMEs . 
5.8 The Australian Government recognises the importance of paying suppliers on time, 
particularly SMEs . Non-corporate Commonwealth entities  must  make all paymen ts to 
supplier s within the maximum payment terms , following the acknowledgement of the 
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 satisfactory delivery of  goods  or services and the receipt of a correctly rendered 
invoice6.  
6. Efficient, effective, economical and ethical 
procurement  
6.1 The Australian Government promotes the proper use and management of public 
resources . Proper means efficient, effective, economical and ethical. For  
non-corporate Commonwealth entities , this would also include being not inconsistent 
with the policies of t he Commonwealth7. 
6.2 Efficient relates to the achievement of the maximum value for the resources used. In 
procurement , it includes the selection of a procurement method that is the most 
appropriate for the procurement activity, given the scale, scope and risk  of the 
procurement.  
6.3 Effective relates to the extent to which intended outcomes or results are achieved. It 
concerns the immediate characteristics, especially price, quality and quantity, and the 
degree to which these contribute to specified outcomes.  
6.4 Econ omical relates to minimising cost. It emphasises the requirement to avoid waste 
and sharpens the focus on the level of resources that the Commonwealth applies to 
achieve outcomes.  
6.5 Ethical relates to honesty, integrity, probity, diligence, fairness and cons istency. 
Ethical behaviour identifies and manages conflicts of interests, and does not make 
improper use of an individual’s position.  
Ethical behaviour  
6.6 In particular, officials  undertaking procurement  must  act ethically throughout the 
procurement . Ethical behaviour includes:  
a. recognising and dealing with actual, potential and perceived conflicts of interest;  
b. dealing with potential suppliers , tenderers  and suppliers  equitably, including by  
i. seeking appropriate internal or external advice when probity issues a rise, and  
ii. not accepting inappropriate gifts or hospitality;  
c. carefully considering the use of public resources ; and  
d. complying with all directions, including relevant entity  requirements, in relation to 
gifts or hospitality, the Australian Privacy Principles  of the Privacy Act 1988  and 
the security provisions of the Crimes Act 1914 . 
6.7 Relevant entities  must  not seek to benefit from supplier practices that may be 
dishonest, unethical or unsafe. This includes not entering into contracts  with tenderers  
who have ha d a judicial decision against them (not including decisions under appeal) 
relating to employee entitlements and who have not satisfied any resulting order. 
 
6 The Commonwealth ’s payment terms  are set out in the Government’s Supplier Pay On -Time or Pay Interest Policy.  
7 See sections 15 and 21 of the PGPA Act . 
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 Officials  should seek declarations from all tenderers  confirming that they have no such 
unsettled or ders against them.  
6.8 If a complaint about procurement  is received, relevant entities  must  apply timely, 
equitable and non -discriminatory complaint -handling procedures, including providing 
acknowledgement soon after the complaint has been received. Relevant e ntities  
should aim to manage the complaint process internally, when possible, through 
communication and conciliation.  
Judicial Review  
6.9 For the purposes of paragraph (a) of the definition of relevant Commonwealth 
Procurement Rules in section 4 of the Governm ent Procurement (Judicial Review) Act 
2018 , the following paragraphs of Division 1 of these CPRs are declared to be 
relevant provisions: paragraphs 4.18, 5.4, 7.2, 7.10, 7.13 – 7.18, 7.20 , and 9.3 – 9.6. 
Commonwealth Contracting Suite  
6.10 Non-corporate Commonwealth entities must  use the Commonwealth Contracting 
Suite for contracts under $200,000. Corporate Commonwealth entities are 
encouraged to apply the suite of templates8. 
7. Accountability and transparency  
7.1 The Australian Government is committed to ensuring accountability and transparency 
in its procurement activities. Accountability means that officials  are responsible for the 
actions and decisions that they take in relation to procurement  and for the result ing 
outcomes. Transparency involves relevant entities  taking steps to enable appropriate 
scrutiny of their procurement activity. The fundamental elements of accountability and 
transparency in procurement  are outlined in this section.  
Records  
7.2 Officials  must  maintain for each procurement  a level of documentation commensurate 
with the scale, scope and risk of the procurement .  
7.3 Documentation should provide accurate and concise information on:  
a. the requirement for the procurement ; 
b. the process that was followed;  
c. how value for money was considered and achieved;  
d. relevant approvals; and  
e. relevant decisions and the basis of those decisions.  
 
8 Further information is provided in Resource Management Guide No. 420 – Mandator y use of the Commonwealth Contracting 
Suite for procurement under $200,000  
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 7.4 Relevant entities  must  have access to evidence of agreements with suppliers , in the 
form of one or a combination of the following documents: a written contract , a 
purchase order, an invoice or a receipt.  
7.5 Documentation must  be retained in accordance with the Archives Act 1983 . 
AusTender  
7.6 AusTender9, the Australian Government’s procurement  information system, is a 
centralised web -based facility that publishes a range of information, including relevant 
entities ’ planned procurements , open tenders  and key details of contracts  awarded. It 
also supports secure electronic tendering to deliver integrity and efficiency for relevant 
entities  and potential suppliers.  
7.7 AusTender  is the system used to enable relevant entities  to meet their publishing 
obligations under the CPRs. It also enables relevant entities  to monitor and review 
their AusTender -based procurements , including approaches to market , publication of 
contracts , and amendments to contracts . 
Annual procurement plans  
7.8 In order to draw the market’s early attention to potential procurement opportunities, 
each relevant entity  must  maintain on AusTender  a current procurement plan 
containing a short strategic procurement outlook.  
7.9 The annual procurement plan  should include the subject matter of any significant 
planned procurement  and the estimated publication date of the approach to market . 
Relevant  entities  should update their plans regularly th roughout the year.  
Notifications to the market  
7.10 Relevant entities  must  use AusTender  to publish open tenders  and, to the extent 
practicable, to make relevant request documentation  available.  
7.11 Relevant entities  may use AusTender  to publish limited tender app roaches to market  
and make relevant request documentation  available.  
7.12 Relevant entities  should include relevant evaluation criteria  in request documentation  
to enable the proper identification, assessment and comparison of submissions  on a 
fair, common and appropriately transparent basis.  
7.13 In any additional notification through other avenues, such as printed media, the details 
selected for inclusion in the notification must  be the same as those published on 
AusTender . 
7.14 When a relevant en tity provides request documentation  or any other document, 
already published on AusTender  in any other form (for example, a printed version) 
that documentation must  be the same as that published on AusTender . 
 
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 7.15 The initial approach to market  for a multi -stage procurement  must  include, for every 
stage, the criteria that will be used to select potential suppliers , and if applicable, any 
limitation on the number of potential suppliers  that will be invited to make 
submissions.  
Providing information  
7.16 Officials  must , on request, promptly provide, to eligible potential suppliers , request 
documentation  that includes all information necessary to permit the potential supplier  
to prepare and lodge submissions . 
7.17 Following the rejection of a submission  or the award of a contract , officials  must  
promptly inform affected tenderers  of the decision. Debriefings must  be made 
available, on request, to unsuccessful tenderers  outlining the reasons the submission  
was unsuccessful. Debriefings must  also be made available, on reques t, to the 
successful supplier(s).  
Reporting arrangements  
7.18 Relevant entities  must  report contracts  and amendments on AusTender  within 
42 days  of entering into (or amending) a contract  if they are valued at or above the 
reporting threshold . 
7.19 The reporting thre sholds  (including GST) are:  
a. $10,000 for non-corporate Commonwealth entities ; and  
b. for prescribed corporate Commonwealth entities , 
i. $400,000 for procurements  other than procurement  of construction services , 
or 
ii. $7.5 million for procurement  of construction ser vices . 
7.20 Regardless of value, standing offers  must  be reported on AusTender  within 42 days  
of the relevant entity  entering into or amending such arrangements. Relevant details 
in the standing offer  notice, such as supplier  details and the names of other relevant 
entities participating in the arrangement, must  be reported and kept current.  
Subcontractors  
7.21 Relevant entities  must  make available on request, the names of any subcontractor(s) 
engaged by a contractor in respect of a contract . 
a. Relevant entities  must require contractors to agree to the public disclosure of the 
names of any subcontractors engaged to perform services in relation to a contract . 
b. Contractors must  be required to inform relevant subcontractors that the 
subcontractor’s participation in fulf illing a contract  may be publicly disclosed.  
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 Treatment of confidential information  
7.22 When conducting a procurement  and awarding a contract , relevant entities  should 
take appropriate steps to protect the Commonwealth’s confidential information. This 
includes observing legal obligations, such as those under the Privacy Act 1988 , and 
statutory secrecy provisions.  
7.23 Submissions  must  be treated as confidential before and after the award of a contract . 
Once a contract  has been awarded, the terms of the contract , including parts of the 
contract  drawn from the supplier’s submission , are not confidential unless the relevant 
entity  has determined and identified in the contract  that specific information is to be 
kept confidential in accordance with the ‘confidentiality tes t’ set out in  the guidance on 
Confidentiality Throughout the Procurement Cycle  at 
https://www.finance.gov.au/procurement .  
7.24 The need to maintain the confidentiality of information should always be balanced 
against the public accountability and transparency requirements of the Australian 
Government. It is therefore important for officials  to plan for, and facilitate, appropriate  
disclosure of procurement information. In particular, officials  should:  
a. include provisions in request documentation  and contracts  that alert potential 
suppliers  to the public accountability requirements of the Australian Government, 
including disclosure to the Parliament and its committees;  
b. when relevant, include a provision in contracts  to enable the Australian National 
Audit Office to access contractors’ record s and premises to carry out appropriate 
audits; and  
c. consider, on a case -by-case basis, any request by a supplier  for material to be 
treated confidentially after the award of a contract , and enter into commitments to 
maintain confidentiality only when such commitments are appropriate.  
7.25 When confidential information is required to be disclosed, for example following a 
request from a parliamentary committee, reasonable notice in writing must  be given 
to the party from whom the information originated.  
Contract m anagement /Standard verification  
7.26 For procurements  valued at or above the relevant procurement threshold , where 
applying a standard  for goods  or services, relevant entities  must  make reasonable 
enquiries to determine compliance with that standard , including : 
a. gathering evidence of relevant certifications; and  
b. periodic auditing of compliance by an independent assessor.  
Other obligations  
7.27 Other reporting and disclosure obligations apply to officials  undertaking procurement , 
including:  
a. disclosure of procurement i nformation for relevant entity  annual reporting 
purposes;  
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 b. disclosure of non -compliance with the CPRs through the Commonwealth’s 
compliance reporting process;  
c. disclosure to the Parliament and its committees, as appropriate, in line with the 
Government Guide lines for Official Witnesses before Parliamentary Committees 
and Related Matters ; 
d. disclosure of information consistent with the Freedom of Information Act 1982 ;  
e. disclosure of discoverable information that is relevant to a case before a court ; and  
f. reporting requirements under the Modern Slavery Act 2018 . 
8. Procurement risk  
8.1 Risk management comprises the activities and actions taken by a relevant entity  to 
ensure that it is mindful of the risks it faces, that it makes informed decisions in 
managing thes e risks, and identifies and harnesses potential opportunities10. 
8.2 Relevant entities  must  establish processes to identify, analyse, allocate and treat risk 
when conducting a procurement . The effort directed to risk assessment and 
management should be commensurate with the scale, scope and risk of the 
procurement . Relevant entities  should consider risks and their potential impact when 
making decisions relating to value for money assessmen ts, approvals of proposals to 
spend relevant money  and the terms of the contract . 
8.3 Relevant  entities  should consider and manage their procurement security risk, 
including in relation to cyber security risk, in accordance with the Australian 
Government’s Pro tective Security Policy Framework . 
8.4 As a general principle, risks should be borne by the party best placed to manage 
them; that is, relevant entities  should generally not accept risk which another party is 
better placed to manage. Similarly, when a relevant  entity  is best placed to manage a 
particular risk, it should not seek to inappropriately transfer that risk to the supplier . 
a. Relevant entities  should limit insurance requirements  in contracts  by reflecting the 
actual risk borne by suppliers  in contractual  liability caps.  
b. Suppliers  should not be directed to take out insurance until a contract  is to be 
awarded.  
9. Procurement method  
9.1 Australian Government procurement  is conducted by open tender  or limited tender . 
These methods are detailed in this section.  
Requirement to estimate value of procurement  
9.2 The expected value of a procurement  must  be estimated before a decision on the 
procurement method is made. The expected value is the maximum value (including 
 
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 GST) of the proposed contract , including options, ext ensions, renewals or other 
mechanisms that may be executed over the life of the contract . 
9.3 The maximum value of the goods  and services being procured must  include:  
a. all forms of remuneration, including any premiums, fees, commissions, interest, 
allowances an d other revenue streams that may be provided for in the proposed 
contract ; 
b. the value of the goods  and services being procured, including the value of any 
options in the proposed contract ; and  
c. any taxes or charges.  
9.4 When a procurement  is to be conducted in m ultiple parts with contract s awarded 
either at the same time or over a period of time, with one or more supplier s, the 
expected value of the goods  and services being procured must  include the maximum 
value of all of the contracts . 
9.5 A procurement  must  not be  divided into separate parts solely for the purpose of 
avoiding a relevant procurement threshold . 
9.6 When the maximum value of a procurement  over its entire duration cannot be 
estimated the procurement  must  be treated as being valued above the relevant 
procur ement threshold . 
Procurement thresholds  
9.7 When the expected value of a procurement  is at or above the relevant procurement 
threshold and an exemption in Appendix A is not applied, the rules in Division 2 must  
also be followed. The procurement thresholds  (including GST) are:  
a. for non-corporate Commonwealth entities , other than for procurement s of 
construction services , the procurement threshold  is $80,000;  
b. for prescribed corporate Commonwealth entities , other than for procurement s of 
construction services , the procurement  threshold is $400,000; or  
c. for procurement s of construction services  by relevant entities , the procurement 
threshold is $7.5 million . 
Procurement methods  
Method 1 – Open tender  
9.8 Open tender  involves publishing an open approach to market  and inviting 
submission s. This includes multi -stage procurements , provided the first stage is an 
open approach to market . 
Method 2 – Limited tender  
9.9 Limited tender  involves a relevant entity  approaching one or more potential suppliers  
to make submission s, when the process does not meet the rules for open tender . 
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 9.10 For procurements  at or above the relevant procurement threshold , limited tender  can 
only be conducted in accordance with paragraph 10.3, or when a procurement  is 
exempt as detailed in Appendix A.  
9.11 When conducting a limited tender in accordance with paragraph 9.10, the relevant 
exemption or limited tender condition must  be reported on AusTender.  
Procurement from existing arrangements  
Procurements from standing offers  
9.12 Procurements  from an existing standing offer are not subject to the rules in Division 2 
of these CPRs. However, these procurements must  comply with the rules in 
Division  1. 
9.13 Officials  should report the original procurement  method used to establish the standing 
offer when they report procu rements from standing  offers . 
9.14 To maximise competition , officials  should, where possible, approach multiple potential 
suppliers  on a standing offer . 
  
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 Division 2: Additional rules for procurements at or 
above the relevant procurement threshold  
10. Additional rules  
10.1 The rules set out in Division 2 are additional to those in Division 1 and must  not be 
interpreted or applied in a manner that diminishes or negates Division 1.  
10.2 A procurement , except a procurement  that is specifically exempt in accordance with 
Appendi x A, is subject to the rules contained in Division 2 if the expected value of the 
procurement  is at, or above, the relevant procurement threshold . 
Conditions for limited tender  
10.3 A relevant entity  must  only conduct a procurement  at or above the relevant 
procurement threshold  through limited tender  in the following circumstances:  
a. when, in response to an open  approach to market  
i. no submissions , or no submissions  that represented value for money, were 
received,  
ii. no submissions  that met the minimum content and form at requirements  for 
submission  as stated in the request documentation  were received, or  
iii. no tenderers  satisfied the conditions for participation ,  
and the relevant entity  does not substantially modify the essential requirements of 
the procurement ; or 
b. when,  for reasons of extreme urgency brought about by events unforeseen by the 
relevant entity , the goods  and services could not be obtained in time under open 
tender ; or 
c. for procurements  made under exceptionally advantageous conditions that arise 
only in the very short term, such as from unusual disposals, unsolicited innovative 
proposals, liquidation, bankruptcy, or receivership, and which are not routine 
procurement  from regular supplie rs; or 
d. when the goods  and services can be supplied only by a particular business and 
there is no reasonable alternative or substitute for one of the following reasons  
i. the requirement is for works of art,  
ii. to protect patents, copyrights, or other exclusive r ights, or proprietary 
information, or  
iii. due to an absence of competition for technical reasons; or  
  
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 e. for additional deliveries of goods  and services by the original supplier  or authorised 
representative that are intended either as replacement parts, extensio ns, or 
continuing services for existing equipment, software, services, or installations, 
when a change of supplier  would compel the relevant entity  to procure goods  and 
services that do not meet requirements for compatibility with existing equipment or 
services; or  
f. for procurements  in a commodity market ; or 
g. when a relevant entity  procures a prototype or a first good or service that is 
intended for limited trial or that is developed at the relevant entity ’s request in the 
course of, and for, a particular contract  for research, experiment, study, or original 
development; or   
h. in the case of a contract  awarded to the winner of a design contest, provided that  
i. the contest has been organised in a manner that is consistent with these 
CPRs, and  
ii. the contest is judg ed by an independent jury with a view to a design contract  
being awarded to the winner.  
10.4 A procurement  at or above the relevant procurement threshold  conducted by limited 
tender  is not required to meet the rules in paragraphs 10.6 - 10.8 ( Request 
documentat ion), 10.20 - 10.31 (Minimum time limits), or 10.35  (Awarding contract s). 
10.5 In accordance with the general rules for accountability set out in these CPRs, for each 
contract  awarded through limited tender , an official  must  prepare and appropriately 
file withi n the relevant entity ’s records management system a written report that 
includes:  
a. the value and type of goods  and services procured;  
b. a statement indicating the circumstances and conditions that justified the use of 
limited tender ; and  
c. a record demonstratin g how the procurement  represented value for money in the 
circumstances.  
Request documentation  
10.6 Request documentation  must  include a complete description of:  
a. the procurement , including the nature, scope and the quantity of the goods  and 
services to be procur ed or, where the quantity is not known, the estimated 
quantity, and any requirements to be fulfilled, including any technical 
specifications , conformity certification, plans, drawings, or instructional materials;  
b. any conditions for participation , including any financial guarantees, information and 
documents that potential suppliers  are required to submit;  
c. any minimum content and format requirements ; 
d. evaluation criteria  to be considered in assessing submissions  and, if applicable to 
the evaluation , the relative importance of those criteria;  
e. any dates for the delivery of goods  or supply of services, taking into account the 
complexity of the procurement ; and  
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 f. any other terms or conditions relevant to the evaluation of submissions . 
10.7 However, relevant e ntities  are not obligated to release confidential information, 
information sensitive to essential security or information that may impede competition.  
10.8 Relevant entities  must  ensure that potential suppliers  and tenderers  are dealt with 
fairly and in a non -discriminatory manner when providing information leading to, or 
following, an approach to market . Relevant entities  must  promptly reply to any 
reasonable request from a potential supplier  for relevant information about a 
procurement , and when responding to such enquiries must  avoid a potential supplier , 
or group of potential suppliers , gaining an unfair advantage in a competitive 
procurement process.   
Specifications  
10.9 A relevant entity  must not use specifications  or prescribe any conformity assessment 
procedur e in order to create an unnecessary obstacle to trade.  
10.10  In prescribing specifications for goods  and services, a relevant entity  must , where 
appropriate:  
a. set out the specifications  in terms of performance and functional requirements; and  
b. base technical specifications  on international standards , when they exist and apply 
to the relevant procurement , except when the use of international standards  would 
fail to meet the relevant entity’s requirements.  
10.11  Where an Australian standard  is applicable for goods  or services being procured, 
tender responses must  demonstrate the capability to meet the Australian standard , 
and contracts  must  contain evidence of the applicable standards  (see 
paragraph  7.26). 
10.12  A specification  must  not require or refer to a particular trademark or trade name, 
patent, copyright, design or type, specific origin, producer, or supplier , unless there is 
no other sufficiently precise or intelligible way of describing the requirement. In an 
exceptional cir cumstance when this type of specification  is used, words such as ‘or 
equivalent’ must  be included in the specification . 
10.13  A relevant entity  may conduct market research and other activities in developing 
specifications  for a particular procurement  and allow a  supplier  that has been 
engaged to provide those services to participate in procurements  related to those 
services. Relevant entities  must  ensure that such a supplier  will not have an unfair 
advantage over other potential suppliers . 
Modification of evaluat ion criteria or specifications  
10.14  When, during the course of a procurement , a relevant entity  modifies the evaluation 
criteria  or specifications  set out in an approach to market  or in request documentation , 
or amends or reissues an approach to market  or reque st documentation , it must  
transmit all modifications or amended or reissued documents:  
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 a. to all the potential suppliers  that are participating at the time the information is 
amended, if known, and, in all other cases, in the same manner as the original 
information; and  
b. in adequate time to allow potential suppliers  to modify and re -lodge their 
submissions , if required.  
Conditions for participation  
10.15  Relevant entities  may specify conditions for participation  that potential suppliers  must  
be able to demonstrate co mpliance with in order to participate in a procurement  or, if 
applicable, class of procurement . Conditions for participation  must  be limited to those 
that will ensure that a potential supplier  has the legal, commercial, technical and 
financial abilities to  fulfil the requirements of the procurement . 
10.16  Conditions for participation  may require relevant prior experience when that 
experience is essential to meet the requirements of the procurement  but must  not 
specify, as a requirement, that potential  suppliers  have previous experience with the 
relevant entity  or with the Australian Government or in a particular location.  
10.17  In assessing whether a tenderer  satisfies the conditions for participation , a relevant 
entity  must : 
a. evaluate financial, commercial, and techni cal abilities on the basis of the tenderer’s  
business activities, wherever they have occurred; and  
b. base its determination solely on the conditions for participation  that the relevant 
entity  has specified in either the approach to market  or the request docu mentation . 
10.18  A relevant entity  may exclude a tenderer  on grounds such as bankruptcy, insolvency, 
false declarations, or significant deficiencies in performance of any substantive 
requirement or obligation under a prior contract . 
10.19  Officials  must  make reasonabl e enquiries that the procurement  is carried out 
considering relevant regulations and/or regulatory frameworks, including but not 
limited to tenderers’  practices regarding:  
a. labour regulations, including ethical employment practices;  
b. workplace health and saf ety; and  
c. environmental impacts.  
Minimum time limits  
10.20  Potential  suppliers  must  be required to lodge submissions  in accordance with a 
common deadline.  
10.21  Relevant entities  must  provide sufficient time for potential  suppliers  to prepare and 
lodge submissions  in response to an approach to market . Time limits discussed in this 
section represent minimum time limits to lodge submissions  and should not be treated 
as default time limits.  
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 10.22  The time limit for potential suppliers  to lodge a submission  must  be at least 25 days  
from the date and time that a relevant entity  publishes an approach to market  for an 
open tender.  
10.23  The 25  day period referred to in paragraph 10.22 must  be extended by five days  for 
each of the following circumstances:  
a. when a relevant entity  does not make request documentation  available 
electronically from the date that a relevant entity publishes an approach to market;  
and/or  
b. when a relevant entity  does not accept submissions  electronically.  
10.24  A relevant entity  may establish a time limit that  is less than 25 days  but no less than 
10 days under the following circumstances:  
a. when the relevant entity  has published details of the procurement  in an annual 
procurement plan  on AusTender , at least 40 days  and not more than 12 months in 
advance, and tho se details include a description of the procurement , the timing of 
the approach to market  and the procedure to obtain request documentation ; 
b. when the relevant entity  procures commercial goods and services (unless the 
relevant entity  does not accept the submissions  electronically, in which case the 
minimum time limit must be no less than 13 days) ; or 
c. when a genuine state of urgency renders the normal time limit impracticable.  
10.25  In the case of a multi -stage procurement , each approach to market  must  comply with 
the time limits stated in paragraph 10.22 - 10.24.  
10.26  When a relevant entity  intends to specify conditions for participation  that require 
potential suppliers  to undertake a separate registration procedure, the relevant entity  
must  state the time limit for res ponding to the registration in the approach to market . 
Any such conditions for participation  must  be published in sufficient time to enable all 
potential suppliers  to complete the registration procedures within the time limit for the 
procurement . 
10.27  When a relevant entity  extends the time limit for registration or submission , or when 
negotiations are terminated and potential suppliers  are permitted to lodge new 
submissions , the new time limit must  apply equitably.  
Late submissions  
10.28  Late submissions  must  not be accepted unless the submission  is late as a 
consequence of mishandling by the relevant entity . A relevant entity  must  not 
penalise any potential supplier  whose submission  is received after the specified 
deadline if the delay is due solely to mishandling by the relevant entity . 
10.29  Relevant entity  mishandling does not include mishandling by a courier or mail service 
provider engaged by a potential supplier  to deliver a submissi on. It is the responsibility 
of the  potential supplier to ensure that the submission  is dispatched in sufficient time 
for it to be received by the relevant entity by the  deadline.  
  
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 10.30  Late submissions  should be returned unopened to the potential supplier  who 
submitted them, to:  
a. ensure that they are not evaluated or compared with submissions  which were 
submitted by the due time and date;  
b. demonstrate to other tenderers  that the process for receiving submissions is fair 
and impartial; and  
c. eliminate scope for any  suggestion that the submission  was rejected for any 
reason other than because it was late.  
10.31  It may be necessary to open a late submission  if there is no return address or any 
indication of which approach to market  the submission  relates. When a submission  
has been opened under such circumstances the potential supplier  should be advised 
that the submission  was rejected due to lateness and advised of the reason it was 
opened.  
Receipt and opening of submissions  
10.32  Procedures to receive and open submissions  must  guarantee fairness and 
impartiality and must  ensure that submissions  are treated in confidence.  
10.33  When a relevant entity  provides tenderers  with opportunities to correct unintentional 
errors of form between the opening of submissions  and any decision, the relevant 
entity  must  provide the opportunity equitably to all tenderers . 
10.34  Further consideration must  be given only to submissions  that meet minimum content 
and format requirements . 
Awarding contracts  
10.35  Unless a relevant entity  determines that it is not in the  public interest to award a 
contract11, it must  award a contract  to the tenderer  that the relevant entity  has 
determined:  
a. satisfies the conditions for participation ; 
b. is fully capable of undertaking the contract ; and  
c. will provide the best value for money, in accordance with the essential 
requirements and evaluation criteria  specified in the approach to market  and 
request documentation . 
10.36  A relevant entity  must  not use options, cancel a procurement , or terminate or modify  
an awarded contract , so as to avoid the rules of Division 2 of these CPRs.  
  
 
11 Public interest grounds generally arise in response to unfor eseen events or new information that materially affects the 
objectives or reasons underlying the original procurement requirement as specified in the request document.  
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 Appendix A: Exemptions  
Procurements  of the following kinds of goods  and services are  exempt from the rules of 
Division 2  of the CPRs, and from paragraphs 4.7, 4.8 and 7.26  of Division 1 : 
1. procurement (including leasing) of land, existing buildings or other immovable property 
or any associated rights (note: the procurement  of construction services  is not exempt);  
2. procurement  of goods  and services from another Commonwealth entity , or a state, 
territory or local government entity;  
3. procurements  funded by international grants, loans or other assistance, when the 
provision of such assistance is subject to conditions inconsistent with this document;  
4. procurements  funded by grants and spons orship payments from non -Commonwealth 
entities;  
5. procurement  for the direct purpose of providing foreign assistance;  
6. procurement  of research and development  services, but not the procurement  of inputs to 
research and development ; 
7. the engagement of an expert  or neutral person, including engaging counsel or barristers, 
for any current or anticipated litigation or dispute;  
8. procurement  of goods  and services (including construction) outside Australian territory, 
for consumption outside Australian territory;  
9. acqui sition of fiscal agency or depository services, liquidation and management services 
for regulated financial institutions, and sale and distribution services for government 
debt;  
10. procurement  by the Future Fund Management Agency of investment management, 
investment advisory, or master custody and safekeeping services for the purposes of 
managing and investing the assets of the Future Fund;  
11. procurement  of blood plasma products or plasma fractio nation services;  
12. procurement  of government advertising services12; 
13. procurement  of goods  and services by, or on behalf of, the Defence Intelligence 
Organisation, the Australian Signals Directorate, or the Australian 
Geospatial -Intelligence Organisation;  
14. contracts for labour hire ; 
15. procurement  of goods  and services from a business that primarily exists to provide the 
services o f persons with a disability;  
16. procurement  of goods  and services from an SME  with at least 5 0 per cent Indigenous 
ownership; and  
17. procureme nt of goods  and services valued up to $200,000, or up to $500,000 by or on 
behalf of the Department of Defence, from an SME (note: the requirements under the 
Indigenous Procurement Policy  must first be satisfied before this exemption is applied).  
  
 
12 This includes information and advertising services for the development and implementat ion of information and advertising 
campaigns.  
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 Appendi x B: Definitions  
The following definitions apply for the purposes of these CPRs:  
Accountable Authority  – as defined in section 8 of the PGPA Act.  
Annual procurement plan  – a document published on AusTender  through which relevant 
entities  provide a short summary of their strategic procurement  outlook for the coming year 
and information on significant procurements  they plan to undertake.  
Approach to market  – any notice inviting potential suppliers  to participate in a procurement  
which may i nclude a request for tender, request for quote, request for expression of interest, 
request for information or request for proposal.  
Note: the acronym ‘ATM’ is used on AusTender  and other procurement  documents to 
reference an approach to market . 
AusTender  – the central web -based facility for the publication of Australian Government 
procurement information, including business opportunities, annual procurement plans  and 
contract s awarded.  
Commercial goods and services  – commercial goods  and services are of a  type that are 
offered for sale to, and routinely purchased by, non -government buyers for non -government 
purposes, including any modifications common in the commercial marketplace and any minor 
modifications not common in the commercial marketplace.  
Commod ity market  – a recognised exchange dealing in generic, largely unprocessed, 
goods  that can be processed and resold.  
Commonwealth entity  – as defined in section 8 of the PGPA Act.  
Conditions for participation  – minimum conditions that potential suppliers  must 
demonstrate compliance with, in order to participate in a procurement  process or for 
submissions  to be considered. This may include a requirement to undertake an accreditation 
or validation procedure.  
Construction services  – procurements  related to the construction of buildings and 
procurements  of works as defined by the Public Works Committee Act 1969 . 
Contract – an arrangement, as defined by section 23(2) of the PGPA Act, for the 
procurement  of goods  and/or services under which relevant money  is payabl e or may 
become payable. Note: this includes standing offers  and panels.  
Contracts for labour hire  – a contract  under which a relevant entity  engages an individual 
to provide labour, when the individual is engaged either directly or through a firm which 
primarily exists to provide the services of only that individual. This includes the appointment 
of an eminent individual to a special role by a n Accountable Authority , or the appointment of 
a person or persons by an Accountable Authority  to a governance committee (for example, 
an audit committee, ethics committee or steering committee), but does not include the 
engagement of consultants.  
Corporat e Commonwealth entities  – as defined in section 8 of the PGPA Act.  
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 Days  – means calendar days . 
End date (in a contract)  – can be defined by reference to a specific date or by reference to 
a specific event.  
Evaluation criteria  – the criteria that are used t o evaluate the compliance and/or relative 
ranking of submissions . Evaluation criteria  must  be clearly stated in the request 
documentation . 
Goods  – every type of right, interest or thing which is legally capable of being owned. This 
includes, but is not restricted to, physical goods  and real property as well as intangibles such 
as intellectual property, contract  options and goodwill.  
GST – The Good s and Services Tax, as defined by the A New Tax System (Goods and 
Services Tax) Act 1999 . 
Indigenous Procurement Policy  – a procurement -connected policy as defined in 
paragraphs 4.9 and 4.10.  
Limited tender  – involves a relevant entity  approaching one or m ore potential suppliers  to 
make submissions , when the process does not meet the rules for open tender . 
Minimum content and format requirements  – criteria that a tenderer ’s submission  is 
required to meet, when responding to an approach to market , to be elig ible for further 
consideration in a procurement  process.  
Multi -stage procurement  – involves an initial approach to market followed by one or more 
subsequent approaches to market  (for example, inviting expressions of interest followed by a 
request for tende r).  
Non-corporate Commonwealth entities  – as defined in section 8 of the PGPA Act.  
Officials  – as defined in section 8 of the PGPA Act.  
Open approach to market  – any notice inviting all potential suppliers  to participate in a 
procurement  which may include  a request for tender, request for quote, request for 
expression of interest, request for information and request for proposal.  
Open tender  – involves publishing an open approach to market  and inviting submissions . 
This includes multi -stage procurements , provided the first stage is an open approach to 
market . 
Potential supplier  – an entity or person who may respond to an approach to market . 
Procurement  – refer to paragraphs 2.7 to 2.9.  
Procurement thresholds  – refer to paragraph 9.7.  
Public resources  – as defined in section 8 of the PGPA Act.  
Relevant money  – as defined in section 8 of the PGPA Act.  
Relevant entity  – non-corporate Commonwealth entities  and prescribed corporate 
Commonwealth entities  (listed in section 30 of the PGPA Rule) that must  comply wit h the 
CPRs when performing duties related to procurement .  
Reporting thresholds  – refer to paragraph 7.19.  
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 Request documentation  – documentation provided to potential suppliers  to enable them to 
understand and assess the requirements of the procuring relevant entity  and to prepare 
appropriate and responsive submissions . This general term includes documentation for 
expressions of interest, open tender  and limited tender . 
Research and development  – research is described as systematic enquiry or investiga tion 
into a subject in order to discover facts or principles. Research includes surveys, market 
research, scientific research and educational research. Development applies to the function 
of creating/producing new and improved products, devices, processes or services. 
Development also extends to design, proof of concept and the production of prototypes.  
Small and Medium Enterprises (SMEs)  – an Australian or New Zealand firm with fewer 
than 200 full -time equivalent employees.  
Specification  – a description of  the features of the goods  and services to be procured.  
Standards – means a document approved by a recognised body such as Standards 
Australia, the International Organization for Standardization, the International 
Electrotechnical Commission or the Interna tional Telecommunication Union that provides for 
common and repeated use, rules, guidelines or characteristics for goods  or services, or 
related processes and production methods, with which compliance is not mandatory, unless 
the goods  or services are subj ect to regulation by government.   
Standing offer  – an arrangement setting out the terms and conditions, including a basis for 
pricing, under which a supplier agrees to supply specified goods  and services to a relevant 
entity  for a specified period.  
Submiss ion – any formally submitted response from a potential supplier  to an approach to 
market . Submissions  may include tenders, responses to expressions of interest or responses 
to request for quote.  
Supplier  – an entity or person who has entered into a contract  with the Commonwealth.  
Tenderer  – an entity or person who has responded with a submission  to an approach to 
market . 
 
 
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