RESTRICTED  
 
GPA/ACC/AUS/14  
10 February 2016  
(16-0887)  Page: 1/11  
Committee on Government Procurement  Original: English  
 
  ACCESSION OF AUSTRALIA TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
REPLIES FROM AUSTRALIA TO COMMENTS AND REQUESTS FROM JAPAN (GPA/ACC/AUS/8) 
REGARDING AUSTRALIA'S IN ITIAL APPENDIX I OFFER 
The following communication, dated 10 February 2016,  is being circulated at the request of the 
Delegation of Australia.  
_______________ 
AUSTRALIA'S RESPONSE TO JAPAN'S COMMENTS AND REQUESTS FOR IMPROVEMENTS 
ON AUSTRALIA'S INITIAL OFFER 
Australia thanks Japan for its comments and requests for improvements on Australia's initial offer 
to accede to the Agreement on Government Procurement, circulated on 21 December 2015. 
Australia provides the following responses to the questions circulated by Japan.  
Part A 
1. Japan requests that Australia delete Note 1.g. of Annex 7 so that its offer covers 
the procurement of motor vehicles. Does the new government of Australia still consider 
that motor vehicles of the non-Australian ma nufacturers are not operationally suitable 
and do not meet safety requirements in Au stralia? As for Hong Kong, China's question 
regarding this Note, Australia responded that  "Australia produces motor vehicles and 
motor vehicle components domestically, an d currently the Commonwealth procurement 
framework requires the Australian Government to purchase motor vehicles from 
Australian manufacturers (where they are operationally suitable and meet safety 
requirements)." Japan would appreciate it high ly if Australia could provide us relevant 
provisions which stipulate details of above requirements in this framework. And also, 
Japan would like to know the purpose and ba ckground of the requirements in this 
framework. 
Australia produces motor vehicles and motor vehicle components domestically, and currently the 
Australian Government requires procuring entities to purchase motor vehicles from Australian manufacturers (where they are operationally suitable and meet safety requirements). 
 
The motor vehicles exclusion note at Appendix A of the Commonwealth Procurement Rules does 
not prevent procuring entities from procurin g motor vehicles from overseas. Commonwealth 
entities can procure motor vehicles not manufactured in Australia if there is a specific requirement. 
In the 2014-2015 financial year the Commonwealth purchased A$3,000,000 of specialised motor 
vehicles from BMW and in 2013-2014 the Commonwealth purchased A$1,800,000 of specialised vehicles from Mercedes Benz. This reflects that Australia has not closed off the motor vehicle 
sector to competition from overseas auto manuf acturers and there are still opportunities for 
foreign car manufacturer's to enter the procurement market in Australia.  If a tenderer cannot meet the operational requir ements or safety standards required by the 
procuring entity for their motor vehicles, then that tender cannot be considered irrespective of if 
they are a domestic or foreign supplier.  GPA/ACC/AUS/14 
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  Motor vehicles exclusions are also included in the relevant State and Territory procurement 
frameworks.  2. Japan requests that Australia include procurements conducted by major cities such 
as Sydney, Brisbane and Melbourne in its offer. Japan considers that the commercial 
values of such procurements by city go vernments should not be overlooked, even 
though Japan acknowledges that, in Austra lia, a significant number of procurements, 
including those concerning city-level proj ects, are being conducted by State- and 
Territory-level entities. 
Australia has never made commitments at the local government level, given the small size, large 
number, and nature of local councils in Australia. The main roles of local government are 
governance, planning, community development, service delivery, asset management and 
regulation. The states and Northern Territory (the Australian Capital Territory has no local councils) pass the legal and regulatory framework for the creation and operation of local 
government, and as a consequence there are often significant differences in the systems for 
overseeing local councils.  
3. Japan requests that Australia delete No te 2 of Annex 2 considering "NEW SOUTH 
WALES" that reads: "This Agreement does no t cover procurement by Transport for NSW, 
related to the functions of the Transport Construction Authority, and The Country Rail Infrastructure Authority or its successor agencies." Japan wonders why such a note of 
exclusion is required, particularly in relation to its commercial implications. 
Australia requires Note 2 be included under New South Wales (NSW) in order to accurately reflect 
those NSW entities covered by the GPA. The Tran sport Construction Authority was abolished on 
1 November 2011 and the Country Rail Infrastructure Authority was abolished on 1 July 2012. The 
functions of both Authorities were absorbed into Transport for NSW. The exception is necessary to 
cover legacy projects commenced under the Transport Construction Authority and the Country Rail 
Infrastructure Authority. 
 4. Japan would also like Australia to clarif y whether the following entities are 
covered by its offer, and if no t, why they are not covered: 
 "Public Transport Victoria" in Victoria; 
 "Translink" in Queensland; and 
 "Adelaide Metro" in South Australia. 
The Public Transport Development Authority ("Public Transport Victoria") is a statutory authority 
not bound by the Victorian government procurement framework. It is not covered under Australia's offer and has not been included in Victoria's market access offers for government procurement 
under Australia's trade agreements. 
 Translink is covered in Australia's offer as part of the Department of Transport and Main Roads, an entity declared to be a department pursuant to section 14 of the Public Service Act 2008 (Qld) . 
 
Adelaide Metro is covered in Australia's offer as part of the Department of Planning, Transport and Infrastructure (DPTI), which is a listed entity. 
 
5. From the point of transparency, Japan requests that Australia improve the way it 
lists the entities of QUEENSLAND in Annex 2, for example in the following way: 
"Entities declared to be departme nts pursuant to section 14 of the Public Service Act 
2008 (Qld) as follows: 
(Lists of departments)" Australia will consider Japan's request. 
 
6. As Canada pointed out, Japan also notes that the list of 65 Annex 1 entities in 
Australia's initial offer does not exactly correspond to that of 67 entities in Australia's GPA/ACC/AUS/14 
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  Trans Pacific Partnership (TPP) offer. Accordin gly, Japan encourages Australia to include 
the following entities in its next revised offer: 
 Australian Transportation Safety Bureau; and 
 Old Parliament House. 
Australia will consider Japan's request. 
 7. Japan requests that Australia remove the reciprocity note under Annex 5 and cover 
the equivalent services in the TPP where Australia applies a negative list. 
Given the level of services coverage by WTO GPA Parties, Australia is unable to remove the 
reciprocity note at this time. Australia notes that other Parties including the European Union, Iceland, Liechtenstein and Norway include similar services reciprocity notes in their Annex 5 offers. 
 
8. Regarding Annex 2, Japan requests that Au stralia offer Tourism Tasmania, which is 
offered in the TPP. 
The Commonwealth Government consulted widely and at length with the States and Territories on 
which entities to commit to in the negotiations. Tourism Tasmania was created following machinery of government changes in relation to the former Department of Economic Development, 
Tourism and the Arts. Australia will consider Japan's request. 
 Part B 
9. Regarding Para. 2. of Notes to Annex 1, Japan requests that Australia explore 
language that more precisely reflects th e situation of the "Australian Government 
Solicitor", which is presumably being absor bed by the Attorney General's Department, 
and describe more clearly what this note intends to exclude. 
On 1 July 2015, the Australian Government Solicitor became part of the Attorney General's 
Department. The functions of the Australian Government Solicitor are not subject to the obligations of the Commonwealth procurement fr amework and have not been offered in any of 
Australia's existing free trade agreements. The Co mmonwealth Government has consulted with the 
Australian Government Solicitor in regard to this note to ensure that it reflects the current situation.  
All procurements by the Australian Government So licitor would be excluded. Data on the types or 
value of procurement for the Australian Government Solicitor is not publicly available as it has never been covered by Australia's free trade agreemen ts and is not required to report contracts in 
Australia's e-procurement system, AusTender. 
 10. Japan requests that Australia share th e latest Queensland Government Gazette 
notice that lists the entities considered to be a department of government pursuant to 
Section 14 of the Public Service Act 2008 . Is it correct to understand that the latest 
notice list the following 22 entities in "Australia's reply to checklist" pursuant to section 14 of the Public Service Act 2008 (Qld) ? 
 Department of Aboriginal and Torre s Strait Islander Partnerships; 
 Department of Agriculture and Fisheries; 
 Department of Communities, Child Safety  and Disability Services, including: 
 Office for Women; 
 Department of Education; 
 Department of Energy and Water Supply; 
 Department of Environmen t and Heritage Protection; 
 Department of Housing and Public Works; 
 Department of Infrastructure, Local Government and Planning; 
 Department of Justice and Attorney-General, including: GPA/ACC/AUS/14 
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   Office of Liquor and Gaming Commission; 
 Office of Fair Trading Queensland; 
 Queensland Corrective Services; 
 Department of National Parks,  Sport and Racing, including: 
 Queensland Parks and Wildlife Service; 
 Department of Natural Resources and Mines; 
 Department of the Premier and Cabinet: 
 Office of the Queensland Parliamentary Counsel; 
 Department of Science, Informat ion Technology and Innovation; 
 Department of State Development; 
 Department of Tourism, Major Events , Small Business and the Commonwealth 
Games; 
 Department of Transport and Main Roads; 
 Public Safety Business Agency; 
 Queensland Ambulance Service; 
 Queensland Fire and Emergency Services; 
 Queensland Health; 
 Queensland Police Service; 
 Queensland Treasury, including: 
 Office of State Revenue; 
 Queensland Government's Statistician's Office. 
The latest Queensland Government Gazette notice listing the entities considered to be a 
department of government is Gazette No. 34 of 16 February 2015, which can be found at https://publications.qld.gov.au/dataset/gazettes-february-2015/resource/2177a218-497b-4eb0-
b17c-0c15f02a9c99  (please refer to pages 405-407 for the list of entities considered to be 
departments). 
 
11. Regarding Note 1.e. of Annex 7, Japan seek s clarification from Australia as to why 
it is necessary to have such a note that ex cludes the procurement of storage and hosting 
of government data and related services, in spite of the fact that  the Australia-United 
States FTA (AUSFTA) does not have a similar note. 
Since AUSFTA came into force a decade ago, digital developments mean that Australia requires 
flexibility to specify the location of data storag e and hosting services where there is a legitimate 
reason to do so, such as privacy or security requirements. For example, the Australian 
Government holds personal data onshore, in accordance with legislation such as the Privacy Act 
1988, which regulates the handling of pe rsonal information about individuals. 
 
Australia is not seeking to prevent suppliers from other parties from providing data storage and 
related services to Australia, but is seeking that such services be provided onshore when 
government data is involved.  
12. Li kew i s e,  a s  t o  N o t e 1 . f .  o f  A nnex  7,  J a pan would like to ask Australia why it is 
necessary to exclude the procurement of blood  and blood-related products and services, 
including plasma-derived products, in spite of the fact that AUSFTA does not have a 
similar note. 
Like Japan, Australia has a policy of self-sufficien cy in blood and blood-related products. However, 
unlike Japan and many other countries, the management of blood supply matters is undertaken by 
a central government entity, the National Blood Authority (NBA). 
 In Australia, blood is collected by the Red Cross from donations. Plasma fractionation services are undertaken by a private firm under contract with the NBA. Where demand for plasma derived 
products exceeds Australia's supply, or where the products are not produced in Australia, the NBA GPA/ACC/AUS/14 
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  imports products through an approach to the international market. These procurements are 
undertaken through open tenders to ensure  value for money outcomes are achieved. 
 Australia and the United States have a side letter in AUSFTA which allows Australia to exclude the 
procurement of blood and blood related products. 
 This government procurement exclusion is required by the Australian Government and is included 
in Australia's existing trade agreements. 
 13. With regard to Note 1.a. of Annex 7,  Japan would like to know whether 
"preference to benefit small and medium enterprise", whose implementation may 
possibly cause inconsistency with some of the GPA obligations, only refers to preference 
implemented in accordance with Australia's "ICT SME Participation Policy" and "Australian Industry Participation Policy". Ja pan notes that under those policies, an ICT 
company is regarded as an SME if it has an average annual turnover over the last four 
years of less than A$ 500 million. Japan woul d like Australia to explain why it allows 
such a special and wide definition for SMEs solely for the ICT sector. 
The ICT SME Procurement Policy is no longer connected to the procurement framework and was 
removed by the Commonwealth Government in August 2015. There is no longer a SME policy solely for the ICT sector.  
Commonwealth and State and Territory governments seek to ensure that Australian SMEs have 
the same opportunities as international competitors to participate in procurement opportunities. SME participation schemes aim to assist competitive Australian SMEs to participate in major 
projects by encouraging innovation, expansion of capability and investment opportunities. These 
schemes do not provide price preferences and ar e not aimed to prevent foreign suppliers from 
obtaining Australian procurement contracts. 
 
The Commonwealth Procurement Rules reference SMEs at paragraph 5.4 and 5.5. This reference is broader than just the ICT SME Participation Policy  and Australian Industry Participation Policy. 
 
Since 2010, companies bidding for major Commonwealth Government procurements over 
$20 million have been required to develop an Australi an Industry Participation (AIP) Plan as part of 
the tender process. 
 
Consistent with Australia's international obligations, the requirements for AIP Plans do not mandate the use of Australian industry, but rather aim to provide Australian industry with the 
opportunity to demonstrate their capabilities and te nder if they are able to meet the procurement 
specifications. More information on the AIP Plan can be found at http://www.industry.gov.au/industry/IndustryInitiat ives/AustralianIndustryParticipation/Pages/def
ault.aspx . 
 
14. I s  i t  c o r r e c t  t o  u n d e r s t a n d  t h a t  o n l y  the Australian and New Zealand SMEs are 
qualified to get benefits from the"Australian Industry Participation Policy"? If so, what 
is the rationale for New Zealand's SMEs to be  preferentially treated among the SMEs of 
the GPA Parties? 
Yes. All New Zealand entities are considered the same as Australian entities whether SME or 
larger. The Australia-New Zealand Closer Economic Relations Trade Agreement Government 
Procurement Chapter has been in place since 1997  and outlines the treatment of Australian and 
New Zealand suppliers.  
15. Please provide us with the total amounts of procurements that have been 
conducted under the schemes of the "ICT SME Participation Policy" and "Australian 
Industry Participation Policy" respectively. 
Since 2010, companies bidding for major Commonwealth Government procurements over 
$20 million have been required to develop an Australian Industry Participation Plan as part of the tender process. As of 20 January 2016, 55 Commonwealth Government procurements totalling 
$10.7 billion have included an Australian In dustry Participation Plan requirement. 
 GPA/ACC/AUS/14 
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  There is no data available on the total amounts of procurements that have been conducted under 
the scheme of the "ICT SME Participation Policy". The ICT SME Procurement Policy was removed by the Commonwealth Government in August 2015.  
16. Australian government departments and agen cies at central level are listed in the 
URL ( http://www.australia.gov.au/about-governme nt/departments-and-agencies/list-of-
departments-and-agencies ). Japan requests that Australia give explanation why some 
departments and agencies in the list are not included in Annex 1 or 3. For example, the 
following entities are not included. 
 Australia Post; 
This entity is a Corporate Commonwealth entity  and is prescribed as a Government Business 
Enterprise under the PGPA Rules. This entity is not subject to the Commonwealth procurement 
framework.  
 Australian Antarctic Division; 
The Australian Antarctic Division is a division of the Department Environment which is currently 
offered in Annex 1. 
 
 Australian Commission on Safety  and Quality in Health Care; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 Australian Curriculum, Assessment and Reporting Authority; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 Australian Institute of Police Management; 
Procurements for this entity are conducted by the Australian Federal Police which is currently 
offered in Annex 1.  
 Australian Organ and Tissue Authority; 
This entity is covered under the PGPA Act, but is not included in Australia’s offer. 
 
 Australian Rail Track Corporation; 
This entity is a Commonwealth Company and is prescribed as a Government Business Enterprise 
under the PGPA Rules. This entity is not subj ect to the Commonwealth procurement framework. 
 
 Australian Renewable Energy Agency; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework.  
 Australian Skills Quality Authority; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 Australian Signals Directorate; 
This entity is a function of the Department of  Defence. These functions are excluded from the 
agreement. The exclusion is required by the Austra lian Government and is included in Australia’s 
existing trade agreements.  GPA/ACC/AUS/14 
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   Australian Solar Institute; 
This entity was merged into the Australian Renewable Energy Agency in December 2012. The 
Australian Renewable Energy Agency is a Corporate Commonwealth entity and is not subject to the Commonwealth procurement framework. 
 
 Australian Sports Anti-Doping Authority; 
This entity is covered under the PGPA Act, but is not included in Australia’s offer. 
 
 Australian Sports Commission; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 Australian Strategic Policy Institute; 
This entity is a Commonwealth Company and is not subject to the Commonwealth procurement 
framework. 
 
 Cancer Australia; 
This entity is covered under the PGPA Act, but is not included in Australia’s offer. 
 
 Centre for Australian National Biod iversity Research and Australian; 
This entity is not subject to the Commonwealth procurement framework. 
 
 Civil Aviation Safety Authority; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 CSIRO – Commonwealth Scie ntific and Industrial Research Organization; 
This entity is covered under Annex 3. 
 
 Digital Transformation Office; 
This entity is covered under the PGPA Act, but is not included in Australia’s offer. 
 
 Fisheries Research and De velopment Corporation; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 High Court of Australia; 
This entity is not subject to the Commonwealth procurement framework. 
 
 Ministry for the Arts; 
This entity is part of the Department of Communication and the Arts which is currently offered in 
Annex 1. 
 
 National E-Health Transition Authority; 
This entity is not subject to the Commonwealth procurement framework. 
 GPA/ACC/AUS/14 
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   National Health and Medical Research Council; 
This entity is covered under the PGPA Act, but is not included in Australia’s offer. 
 
 National Library of Australia; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework.  
 National Offshore Petroleum Safety an d Environmental Management Authority; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework.  
 National Serology Reference Laboratory, Australia (NRL); 
This entity is not subject to the Commonwealth procurement framework. 
 
 National Transport Commission; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 Parliament of Australia; 
This is a Commonwealth Portfolio which includes the Department of Parliamentary Services, 
Department of House of Representatives and the Department of the Senate which are currently 
offered in Annex 1. 
 
 Questacon – The National Science and Technology Centre; 
This entity is part of the Department on Industry and Science which is currently offered in 
Annex 1.  
 Regional Development Australia; 
This entity is a committee established in each State and Territory. Members are volunteers drawn 
down from the community, local business and government. The committees aim to bring together all levels of government to enhance the growth and development of regional Australia. Any 
procurement would be conducted on behalf of the Regional Development of Australia by a covered 
Commonwealth entity.  
 Rural Industries Research an d Development Corporation; 
This entity is a Corporate Commonwealth entity and is not subject to the Commonwealth 
procurement framework. 
 
 Telecommunications Universal Service Management Agency. 
It was abolished on 1 July 2015 with its functions transferred to the Department of 
Communications and the Arts which is currently offered in Annex 1. 
 
17. Please explain whether hospitals owned by each State or Territory are covered in 
Annex 2 and also explain the size of proc urement by those covered or uncovered 
hospitals. 
The Commonwealth Government consulted widely and at length with the States and Territories, 
and the mandate from State and Territory Premiers and Chief Ministers for GPA Annex 2 entities is 
consistent with state and territory commitments in Australia's trade agreements. Please see the 
below table for sub-central governments which cover public hospitals in Australia's offer under the GPA. GPA/ACC/AUS/14 
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Sub-Central Public Hospitals 
Australian Capital Territory  
New South Wales  
Northern Territory  
Queensland  
South Australia  
Tasmania  
Victoria  
Western Australia  
 
Not all States and Territories collect data on ex penditure by entity, so it is not possible for 
Australia to determine with precision the size of  procurement by covered or uncovered hospitals. 
Further market access value information for the States and Territories can be found in response to questions 10 of the Checklist document (at page 19 of Australia's response to the Checklist).  
18. Departments and agencies at State and Territory level are listed in the URL 
(http://www.australia.gov.au/abou t-government/states-territo ries-and-local-government ). Japan 
requests that Australia give explanation why some departments and agencies are not 
included in Annex 2. For example, the followi ng entities in each State and Territory are 
not included: 
 Universities such as: 
 Monash University, VIC; 
 RMIT University, VIC; 
 University of Sydney, NSW; 
 The University of New South Wales, NSW; 
 The University of Melbourne, VIC; 
 The University of Queensland, QLD; 
 Curtin University of Technology, WA; 
 Deakin University, VIC; 
 Queensland University of Technology, QLD; 
 Griffith University, QLD; 
 University of Western Sydney, NSW; 
 Charles Sturt University, NSW. 
The Commonwealth Government consulted widely and at length with the States and Territories, 
and the mandate from State and Territory Premiers and Chief Ministers for GPA Annex 2 entities is 
consistent with state and territory commitments in Australia's trade agreements. Please see the 
below table for sub-central governments which cover public universities in Australia's offer under the GPA. 
 
Sub-Central Public Universities  
Australian Capital Territory  
New South Wales  
Northern Territory  
Queensland  
South Australia  
Tasmania  
Victoria  
Western Australia  
 
 Water Supply Authorities such as: 
 Sydney water, NSW; 
 Queensland Urban Utilities, QLD; 
 Water Corporation, WA; 
 SA water, SA; 
 Melbourne Water, VIC; 
 South East Water, VIC; GPA/ACC/AUS/14 
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   City West Water, VIC; 
 Yarra Valley Water, VIC; 
 Goulburn–Murray Water, VIC; 
 Icon Water Limited, ACT; 
 Power and Water Corporation, NT; 
 Brisbane Water, QLD. 
 
 Port Authorities such as: 
 Pilbara Ports Authority, WA; 
 Port of Newcastle, NSW; 
 North Queensland Bulk Ports Corporation, QLD; 
 Gladstone Ports Corporation, QLD; 
 Port of Melbourne Corporation, VIC; 
 Sydney Ports Corporation, NSW; 
 Port of Brisbane Pty Ltd, QLD; 
 Southern Ports Authority, WA; 
 Port Authority of New South Wales, NSW; 
 Darwin Port Corporation, NT; 
 Kimberley Ports Authority, WA; 
 Tasmanian Ports Corporation Pty Ltd, TAS. 
Coverage of entities in the water supply and port sectors is detailed below. In most cases the 
entities above are government-owned corporations not subject to State or Territory procurement 
regulations, or are entities that have been privatised.  
Sector 
 
State/ 
Territory Water Ports 
Australian 
Capital Territory (ACT) Most major procurement is covered under the 
Chief Minister, Treasury and Economic Development Directorate No ACT Government procurement  
New South 
Wales (NSW) Not covered (operated by state owned 
corporations, not subject to state procurement 
laws) Covered under Transport for NSW (unless 
operated by state-owned corporations or 
the private sector) 
Northern 
Territory (NT) Not covered (operated by  a government owned 
corporation, not subject to the NT procurement 
framework) Not covered (operated by private 
companies) 
Queensland Not covered (operated by a government-owned 
corporation not subject to State procurement 
policy and a statutory body able to set its own 
procurement procedures) Not covered (operated by four 
government-owned corporations, not 
subject to State procurement policy and 
one private company) 
South Australia 
(SA) Not covered (operated by a public authority 
operating on a commercial basis, not subject to the State procurement rules) Not covered (operated by a private 
company) 
Tasmania Not covered (operated by a state-owned 
corporation not subject to State procurement 
rules) Not covered (operated by a state-owned 
corporation not subject to State 
procurement rules) 
Victoria Not covered (operated by 19 water corporations 
and 13 catchment management authorities, not subject to State procurement rules) Not covered (operated by a State-owned 
corporation and statutory authority not subject to State procurement policy) 
Western 
Australia (WA) Covered under the Department of Water Not covered (operated by government 
trading enterprises not subject to State 
procurement policy) 
 
19. Regarding Annex 2, Japan would like to know why the wording of a note on 
NORTHERN TERRITORY is different between Au stralia's initial offer and its TPP offer. 
While the note in its initial offer says that  "For the entities listed for the Northern 
Territory, this Agreement does not cover procurement of services from Charles Darwin University", the note in its T PP offer says that "For the entities listed for the Northern 
Territory, Chapter 15 (Government Procurement) does not cover set-asides on behalf of 
the Charles Darwin University pursuant to Partnership Agreements between the 
Northern Territory Government and Charles Darwin University." Is there any difference GPA/ACC/AUS/14 
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  of coverage of procurements conducted by the Charles Darwin University between these 
two notes? 
The coverage between these two notes is consistent. The Northern Territory Government has 
entered into a Partnership Agreement with Charle s Darwin University (CDU) that recognises the 
role CDU plays as a major contributor to the social, economic and intellectual development of 
Northern Australia. The current Partnership Agreement operates for the period 2014-2021 and is publicly available at https://www.cdu.edu.au/government/ . Where a requirement falls under the 
core outcomes of the Partnership Agreement, No rthern Territory agencies may approach CDU to 
tender under select tender arrangements in accordance with the Northern Territory procurement framework.  
20. Regarding Note 4. in Annex 7, Japan requests that Australia provide an 
explanation as to how Australia defines "unsolicited innovative proposals" in its domestic laws and regulations. Japan also re quests that Australia provide examples of 
purchase of goods or services as a result of "unsolicited innovative proposals" which 
might be misinterpreted as the procurement inconsistent with the obligations of the 
GPA. Does Australia consider that limited tendering procedures under Article XIII:1(g) 
or (b) (ii) and (iii) are insuffi cient for Australia's practice? 
Unsolicited innovative proposals in the Commonwealth Procurement Rules are procurements which 
are made under exceptionally advantageous conditions that arise only in the very short term and are not routine procurement from regular suppliers. 
 
The procurement of unsolicited innovation proposals is a condition for limited tendering and is included at paragraph 10.3 (c) in the Commonwealth Procurement Rules, available at: 
http://www.finance.gov.au/procurement/procu rement-policy-and-guidance/commonwealth-
procurement-rules/ . 
 
This note is required by the Australian Government and is included in all of Australia's existing free 
trade agreements. This note is required by Australia's sub-central governments.  
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