RESTRICTED  
  
GPA/ACC/AUS/2  
 
24 September 2015  
(15-4956)  Page: 1/87  
Committee on Government Procurement  Original: English  
 
 CHECKLIST OF ISSUES FOR PR OVISION OF INFORMATION  
RELATING TO ACCESSION TO THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
REPLIES BY AUSTRALIA 
 LEGAL FRAMEWORK FOR GOVERNMENT PROCUREMENT 
 Is there a single central law on proc urement? If so, please specify?  
The Commonwealth and State and Territory Governments each have a separate procurement 
framework. Details are provided in response to question 2.   What are the other laws, regulations, decr ees, administrative rulings, decisions, 
policy guidelines and other instruments go verning government procurement? Please 
provide a summary of the subject areas dealt wi th by each of these instruments. Please 
also explain the main differences (if any) th at exist between their application at the 
central and sub-central levels of government and at other types of procuring entities.  
Commonwealth 
 
In Australia, the Commonwealth Government and its entities operate under a devolved 
procurement framework. Commonwealth entities ar e responsible for ensuring compliance with 
their legislative obligations. Government procurem ent by Commonwealth entities is governed by 
the Public Governance, Performance and Accountability Act 2013  and Australia's Commonwealth 
Procurement Rules  (CPRs) which incorporate Australia's international free trade obligations. 
 Public Governance Performance and Accountability Act 2013 
 The Public Governance, Performance and Accountability Act 2013  (PGPA Act) is the primary piece 
of Commonwealth resource management legislation. The PGPA Act establishes a coherent system 
of governance and accountability for public resour ces, with an emphasis on planning, performance 
and reporting. The Act applies to all Commonwealth entities. Under the PGPA Act each Commonwealth entity is in charge of its own procurement.  
Commonwealth Procurement Rules (2014) 
 
The CPRs are issued under section 105B (1) of the PGPA Act by the Minister for Finance. The CPRs 
are a legislative instrument and are the keystone of the Government's procurement policy 
framework. The CPRs apply to all non-corporate Commonwealth entities and prescribed corporate 
Commonwealth entities.  
 
The CPRs are consistent with Australia's existing  free trade agreement obligations. Division 1 of 
the CPRs addresses the following key principles which apply to all procurements regardless of value: 
 
 Value for money; 
 Encouraging competition; 
 Efficient, effective, economical and ethical procurement; GPA/ACC/AUS/2 
 
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   Accountability and transparency; 
 Procurement risk; 
 Procurement methods. 
The CPRs provide rules for procurements above and below relevant thresholds. When conducting 
procurements above certain thresholds, entities are required to follow mandatory procurement 
procedures (contained in Division 2 of the CPRs).  
The Commonwealth Government has a number of procurement-connected policies that relevant 
entities need to apply in undertaking their procurements. A list of procurement-connected policies can be found at http://www.finance.gov.au . 
 
Another key procurement document is the Department of Defence's Defence Procurement Policy 
Manual (DPPM). The DPPM is the primary referenc e document for Defence officials undertaking 
procurement and provides up-to-date policy and operational guidance to ensure compliance with 
Commonwealth policy. The DPPM can be found at http://www.defence.gov.au . 
 
Australian Capital Territory 
 The ACT Government is a single entity. Any ACT Government contract regardless of the representing Directorate binds all administrative units.  
The following legislation governs procurement in the Australian Capital Territory: 
 
 Government Procurement Act 2001 (ACT) ; 
 Government Procurement Regulation 2007 ; 
 Further procurement guidance material is provided through Procurement Circulars that 
are published on the Procurement and Capita l Works website. This material does not 
have legislative force. See 
http://www.procurement.act.gov.au/About/procurement_circulars . 
There is no other directive instrument in place. 
 
New South Wales 
 
In NSW the Public Works and Procurement Act 1912  (the Act) and Public Works and Procurement 
Regulation 2014  (the Regulation) provide the statutory basis for goods and services procurement 
by government agencies, and complaints resoluti on for procurement activities by government 
agencies. All other NSW government policy and guidance operate under the Act and the 
Regulation. 
 The fundamental objective of the Procurement Polic y is to ensure that government procurement 
activities result in the best value for money in supporting the delivery of government programs. 
 
The Act establishes the NSW Procurement Boar d as the principal governance body for 
procurement.  
 
The Act and the Regulation give effect to the de volved framework of government procurement in 
NSW. Agencies assume responsibility for their goods and services procurement activities under the 
devolved Procurement Policy Framework – operated through an accreditation system authorised by 
the Procurement Board.  The Procurement Policy Framework operationalises the principles in the Act and Regulation. It is a 
principles-based policy framework. Accredited agencies are required to report annually on 
compliance with the Act, Regulation and Policy Framework.  GPA/ACC/AUS/2 
 
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  Full details of NSW policy and regulations, including guidance and specific areas of application, are 
available at the government procurement portal, ProcurePoint, http://www.procurepoint.nsw.gov.au . 
 
Northern Territory 
 
The Northern Territory Government's Procurement Framework is made up of the following 
legislative and policy instruments: 
 
Procurement Act ; 
Procurement Regulations ; 
Procurement Code ; 
Procurement Directions . 
The Procurement Act and Regulations establish the legislative powers and responsibilities of the 
minister responsible for procurement, Northern Territory Government agencies, Chief Executives 
and employees. They provide the Minister with the ability to: 
 
 issue Procurement Directions with respect to the principles, practices and procedures to be 
observed in the procurement of supplies by and on  behalf of the Northern Territory Government; 
  establish a Procurement Review Board to re view and approve significant procurements. 
 
The Procurement Code establishes a set of minimum standards for the conduct of business with the government; compliance with this code is a condition of tendering for any of the government's 
contracts. 
 Full details on the Northern Territory's procurement framework is available at: 
http://www.dob.nt.gov.au/business/ tenders-contracts/legislative_f ramework/Pages/default.aspx . 
 
Queensland 
 
Procurement by the Queensland Government is conducted under the auspices of the Queensland 
Procurement Policy (QPP). The QPP is approved by  the Government for application to Queensland 
agencies. Departments and statutory bodies must also comply with the QPP by virtue of Section 
19(3) of the Financial Management and Performance Standard 2009 (Qld) . 
 The Procurement Transformation Division, within th e Department of Housing and Public Works, is 
responsible for, and custodian of, the QPP. The QP P and associated guidance is available online at 
the following address: http://www.hpw.qld.gov.au/SiteCollectionDoc uments/QueenslandProcurementPolicy2013.pdf .  
 
The QPP applies to the following entity types: 
 
 A department or a statutory body as those expressions are defined in the Financial 
Accountability Act 2009 (Qld) . 
 Special purpose vehicles as established from 1 July 2010 and existing special purpose 
vehicles which are required to comply with the QPP by their respective constitutions. 
In addition to the QPP, the Queensland Governme nt also maintains a number of 'procurement-
related policies'. These policies are consistent with the requirements that the Queensland Government observes under pre-existing international agreements. Further details in relation to these policies is available online at the following address:  
"http://www.hpw.qld.gov.au/Procurement/Buyers/ HowToBuy/PolicyAndGuid ance/Pages/FreeTrade
Agreements.aspx ". 
 
The QPP is also complimented by a number of pr ocurement guidelines. These are available online 
at the following address:  http://www.hpw.qld.gov.au/about us/ReportsPublications/Guide lines/Pages/procurement.aspx . 
 GPA/ACC/AUS/2 
 
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  Under the QPP, individual agencies are able to adopt their own procurement procedures, providing 
they maintain consistency with, and are inside the bounds set by, any applicable legislation, the QPP and other procurement-related policies. This includes, where applicable, the requirements of 
pre-existing international agreements that the Queensland Government already observes. 
 
South Australia 
 
In South Australia, the State Procurement Act 2004  (the Act) outlines the overarching framework 
that regulates and supports the procurement operat ions of public authorities across government. 
The object of the Act is to advance government procurement: obtaining value for money in the expenditure of public money; and providing for ethical and fair treatment of participants; and 
ensuring probity, accountability and transparency in procurement operations.  
 Section 18 of the Act allows the State Procuremen t Board (the Board), with the approval of the 
Minister, to undertake or make arrangements for procurement operations for a body other than a 
public authority or prescribed public authority. However this has only occurred in very exceptional circumstances.  
 
As part of the Board's role in facilitating strategic procurement, Section 12 of the Act requires the Board, inter alia, to " develop, issue and keep under review policies, principles and guidelines 
relating to the procurement operations of public authorities ". Copies of the guidelines and policies 
can be accessed via the Board's website at http://www.spb.com.au . 
 
Part 3, clause 19 of the Act states that public authorities are bound to comply with any applicable 
policies, principles, guidelines, standards or dire ctions issued or given by the State Procurement 
Board, and any directions given by the responsible Minister on the advice or recommendation of the Board. " Prescribed public authorities ", as defined under the Act, are only bound to comply with 
any direction by the responsible Minister on the advice or recommendation of the Board. 
 Building Management within the Department for Planning, Transport and Infrastructure (DPTI) is responsible for government construction and works procurement policy for the South Australian 
Government (see http://www.infrastructure.sa.gov.au/BuildingManagement ). DPTI Procedure 
PR101 provides a summary of government policies for construction procurement. As indicated, the 
list refers to relevant Board policies, but also includes a number of other policy requirements. 
 
Tasmania 
 
In relation to Tasmania's line agency procur ement, the Treasurer issues the Treasurer's 
Instructions in relation to procurement under the Financial Management and Audit Act 1990  (the 
Act). The Act applies to the agencies listed in Schedule 1 (of the Act) and the Special Appropriations listed in Schedule 2 (of the Act). 
 
The Treasurer's Instructions  set out the mandatory procurement requirements that apply in 
relation to those entities, including under international trade obligations. The Treasurer's 
Instructions also provide guidance information (i.e. non-mandatory/best practice information) or 
reference other relevant guidance documentation. A full list of the Treasurer's Instructions is available at: " http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-
ti/65A0C37F47C84CF4CA25720A0016396C ". 
Victoria 
 
The following legislation governs procurement in Victoria: 
 
 Goods and Services procurement is governed by Part 7A of the Financial Management 
Act 1994 . 
 Under the Project Development And Construction Management Act 1994  (Vic) (PDCM 
Act), public construction consists of any matter relating to the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on 
land by, or on behalf of, departments and public bodies and includes: design and 
construction practices; tendering processes; project delivery; and contract administration. The PDCM Act is supported  by a number of Ministerial Standing GPA/ACC/AUS/2 
 
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  Directions. Refer to: " http://www.dtf.vic.gov.au/Infra structure-Delivery/Public-
construction-policy-and-resources/Legislation-policy-and-public-construction ". 
 Public Construction and Infrastructure procurement is governed by the Project 
Management and Construction Management Act 1994 . 
 Hospital and Health Services procurement is governed by the Health Services Act 1988 .  
 The Victorian Industry Participation Policy Act 2003 . 
The Victorian Government Purchasing Board (VGPB) governs the procurement of goods and 
services by Victorian Government Departments and selected entities. VGPB policies apply to 
Victorian government departments and mandated  entities as per the requirements of the Financial 
Management Act 1994 . VGPB policies, guidelines, tools and templates can be found at: 
http://www.procurement.vic.gov.au/B uyers/Policies-Guides-and-Tools . 
 
Subordinate (or secondary) legislation includes, statutory rules (e.g. "regulations" made under an authorising Act), orders-in-council, ministerial orders and determinations, proclamations and 
notices. Guides are not considered subordinate legislation but VGPB policy is considered 
subordinate legislation.  
Western Australia 
 
The procurement of goods and services in the Wester n Australian public sector is governed by the 
State Supply Commission Act 1991  (the SSC Act).1 
 
While the procurement of works is undertaken pu rsuant to a number of different Acts, each Act 
follows SSC Act rules, where appropriate. Each wo rks Act is administered by a different "works 
agency". These works agencies' Acts are:  
 
 The Public Transport Authority (PTA) contracts under the Public Transport Authority Act 
2003; 
 The procurement of works relating to housing, (to make better provision for housing and 
improving housing standards and conditions in the State), is governed by the Housing 
Act 1980 ; 
 Main Roads Western Australia works procurement is governed by the Main Roads Act 
1930; 
 Building Management and Works procurement is governed by the Public Works Act 1902 . 
Details about Western Australia's procurement policies can be found at: 
"http://www.finance.wa.gov.au/cms/Government_P rocurement/About_us/About_Government_Pro
curement.aspx ". 
 To what extent will the provisions of the revised Agreement be applied directly or 
need to be transposed into the relevant law?  In the event of direct application of the 
revised Agreement over conflicting provisions  of domestic law, please indicate the 
relevant legal basis.  
Commonwealth 
 
Any provisions of the Agreement not currently captured under the Commonwealth's domestic law 
and the Commonwealth Procurement Rules will be implemented domestically. This will be achieved 
through amendments to the Commonwealth's procurement framework.  
                                               
1 Most State Government Public Authorities are subject to The State Supply Commission Act 1991. 
Some agencies, subject to the Act, are nonetheless able to  buy a very limited class of goods or services outside 
the operation of the act. This is dictated by each agen cy’s enabling legislation. As an example, the Forest 
Products Commission is able to deal with its Sand alwood independent of the State Supply Commission Act. 
These exceptions are so few as to have almost no impact. GPA/ACC/AUS/2 
 
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  Australian Capital Territory 
 
Any amendments required by the Agreement would be made to the Procurement Act  or regulation 
and procurement guidance. 
 
New South Wales 
 
The NSW Government Procurement Policy Framework and subordinate documents reference and 
incorporate existing international agreements and obligations. As required, agencies cascade these into their own policies and procedures, e.g. intern ational agreements are to be taken into account 
when designing their own policies and procedures , such as when designing market engagement 
strategies. 
 Northern Territory 
 For the Northern Territory the provisions of the Agreement will be effected through the 
Procurement framework, including the Procurement Act , Procurement Regulations, Procurement 
Directions and Best Practice Guidelines. 
 Queensland 
 
Clause 26 of the Queensland Procurement Policy requires agencies to observe, among other 
things, international trade agreements that impact on procurement.  
South Australia 
 
The State Procurement Board's (Board) policy framework includes an International Obligations 
Policy  which sets out the requirements for public authorities to ensure compliance with the 
Government Procurement Chapters of those free trade agreements to which the South Australian Government is a signatory.  
Tasmania 
 
The provisions of the GPA will be transposed into the Treasurer's Instructions  and/or other existing 
policy materials, in the same way that the re quirements of the other international trade 
agreements are currently administered.  
Victoria 
 
Any provisions of the Agreement not currently captured under Victoria's domestic law and the various regulations and policy documents referred to in Victoria's answer to Question 2 will be 
implemented domestically. This may be achieved , for example, through updating the Victorian 
Government Purchasing Board guidelines.  
Western Australia 
 
With respect to the procurement of goods and services under the State Supply Commission  (SSC) 
Act, the provisions of the Agreement will be im plemented through policy. The SSC policies are 
publically available: http://www.finance.wa.gov.au/cm s/State_Supply_Commission.aspx . 
The Public Transport Authority will comply with SSC policy in relation to any procurement meeting 
the requirements of the Agreement. 
 
With respect to the procurement of works (relating to housing) under the Housing Act 1980 , all the 
provisions of the Agreement will be implemen ted through procurement guides, Fact Sheets and 
document templates which contain references to  the applicable provisions and have been 
structured to reflect the practices and principles of the SSC policies (where applicable).  
As Main Roads Western Australia complies with the SSC policies for all its procurement, the 
provisions of the Agreement will be implemented through this policy.  With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
provisions of the Agreement will be implemented through policy. The Department of Finance's GPA/ACC/AUS/2 
 
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  works procurement policies are publically available at 
"http://www.finance.wa.gov.au/cm s/Building_Managemen t_and_Works/Policy/Policy_and_Contrac
ting_Services.aspx ". 
 
 SCOPE AND COVERAGE 
 Please summarize the organi sation of the government in your country at each 
level. 
The 1901 Constitution of the Commonwealth of  Australia sets out the powers of the 
Commonwealth and states. Each state has its own written constitution. The High Court of Australia and the Federal Court of Australia have the author ity to interpret constitutional provisions. Under 
the Constitution, the legislative power of the Commonwealth is vested in the federal parliament. 
The parliament makes laws, authorises the Government to spend public money, scrutinises 
government activities, and is a forum for debate on national issues.  
The Commonwealth Government follows the British (Westminster) tradition. The Governor-
General, representing the Crown, exercises th e supreme executive power of the Commonwealth. 
In practice, the Governor-General acts on the ad vice of the head of the Government, the Prime 
Minister, and other ministers. 
 The Prime Minister leads a cabinet of ministers, each of whom has responsibility for a portfolio of government duties. Commonwealth ministers, incl uding the Prime Minister, are appointed by the 
Governor-General on the advice of the leader of a political party or coalition which represents a 
majority of the House of Representatives in the federal parliament.  
The structure, powers and responsibilities of the Commonwealth and state governments was 
established during federation. Accordingly, similar systems to the Commonwealth operate in the six states and two territories. A Premier (in the case of States) and a Chief Minister (in the case of 
the Territories) lead a cabinet of ministers, each of whom has responsibility for a portfolio of 
government duties.  The states and the Northern Territory pass the lega l and regulatory framework for the creation and 
operation of local government. As a consequence,  there are often significant differences between 
the state systems for overseeing the elected councils  of local governments. The main roles of local 
government are governance, planning, community development, service delivery, asset 
management and regulation.  
  Please list all central government entities (ministries, departments, agencies, etc) 
procuring goods, services and construction services.  
All Commonwealth entities are responsible for their own procurements, within the context of 
Commonwealth's procurement framework and the broa der set of legislation and rules described in 
responses to questions 1 and 2. 
 
Below represents a list of central government entities:  
 Administrative Appeals Tribunal; 
 Attorney-General's Department; 
 Australian Aged Care Quality Agency; 
 Australian Bureau of Statistics; 
 Australian Centre for International Agricultural Research ; 
 Australian Crime Commission; 
 Australian Electoral Commission; 
 Australian Federal Police; 
 Australian Institute of Criminology; 
 Australian Law Reform Commission; 
 Australian National Audit Office; 
 Australian Office of Financial Management (AOFM); 
 Australian Public Service Commission; 
 Australian Radiation Protection and Nuclear Safety Agency (ARPANSA); 
 Australian Research Council; GPA/ACC/AUS/2 
 
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   Australian Taxation Office; 
 Australian Trade Commission (Austrade); 
 Australian Transaction Reports and Analysis Centre (AUSTRAC); 
 Bureau of Meteorology; 
 Commonwealth Grants Commission; 
 CrimTrac Agency; 
 Department of Agriculture; 
 Department of Communications; 
 Department of Defence; 
 Department of Education and Training ; 
 Department of Employment; 
 Department of Finance; 
 Department of Foreign Affairs and Trade; 
 Department of Health; 
 Department of Human Services; 
 Department of Immigration and Border Protection; 
 Department of Industry and Science; 
 Department of Infrastructure and Regional Development; 
 Department of Parliamentary Services; 
 Department of Social Services; 
 Department of the Environment; 
 Department of the House of Representatives; 
 Department of the Prime Minister and Cabinet; 
 Department of the Senate; 
 Department of the Treasury; 
 Department of Veterans' Affairs; 
 Equal Opportunity for Women in the Workplace Agency (Workplace Gender Equality 
Agency); 
 Fair Work Commission; 
 Family Court and Federal Circuit Court; 
 Federal Court of Australia; 
 Geoscience Australia; 
 Inspector-General of Taxation; 
 IP Australia; 
 National Archives of Australia; 
 National Blood Authority; 
 National Capital Authority; 
 National Competition Council; 
 Office of Parliamentary Counsel; 
 Office of the Australian Accounting Standards Board; 
 Office of the Australian Information Commissioner; 
 Office of the Commonwealth Ombudsman; 
 Office of the Director of Public Prosecutions; 
 Office of the Fair Work Ombudsman; 
 Office of the Inspector-General of Intelligence and Security; 
 Office of the Official Secretary to the Governor-General; 
 Productivity Commission; 
 Professional Services Review Scheme; 
 Royal Australian Mint; 
 Safe Work Australia; 
 Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority). 
 
 What entities at the sub-central leve l of government (states, provinces, 
municipalities, etc) procure goods and services?  
Below represents a list of sub-central government entities: 
  Australian Capital Territory 
 ACT Auditor-General; 
 ACT Gambling and Racing Commission; 
 ACT Insurance Authority; GPA/ACC/AUS/2 
 
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   ACTION; 
 Capital Metro Authority; 
 Chief Minister, Treasury and Economic Development Directorate; 
 Community Services Directorate; 
 Cultural Facilities Corporation; 
 Education and Training Directorate; 
 Environment and Planning Directorate; 
 Health Directorate; 
 Housing ACT; 
 Independent Competition and Regulatory Commission; 
 Justice and Community Safety Directorate; 
 Legal Aid Commission; 
 Ombudsman of the ACT; 
 Territory and Municipal Services Directorate. 
 
 New South Wales 
 Advocate for Children and Young People; 
 Board of Studies, Teaching and Education Standards; 
 Crown Solicitor's Office; 
 Department of Education and Communities; 
 Department of Family and Community Services; 
 Department of Finance and Services; 
 Department of Justice; 
 Department of Planning and Environment; 
 Department of Premier and Cabinet; 
 Department of Trade and Investment, Regional Infrastructure and Services; 
 Fire and Rescue NSW; 
 Health Care Complaints Commission; 
 Information and Privacy Commission; 
 Legal Aid NSW; 
 Ministry for Police and Emergency Services; 
 Ministry of Health; 
 Motor Accidents Authority of NSW; 
 Multicultural NSW; 
 New South Wales Crime Commission; 
 New South Wales Electoral Commission; 
 NSW Environment Protection Authority; 
 NSW Food Authority; 
 New South Wales Ombudsman; 
 NSW Rural Assistance Authority; 
 New South Wales Rural Fire Service; 
 Office of Environment and Heritage; 
 Office of Finance and Services; 
 Office of the Director of Public Prosecutions NSW; 
 Office of the Local Government; 
 Parliamentary Counsel's Office; 
 Police Integrity Commission; 
 Public Service Commission; 
 State Emergency Service; 
 Sydney Harbour Foreshore Authority; 
 Sydney Olympic Park Authority; 
 The Audit Office of New South Wales; 
 The Treasury; 
 Transport for NSW; 
 WorkCover NSW. 
  Northern Territory 
 Aboriginal Areas Protection Authority; 
 Auditor-General's Office; 
 Central Australian Hospital Network; GPA/ACC/AUS/2 
 
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   Department of Arts and Museums; 
 Department of Business; 
 Department of Children and Families; 
 Department of Community Services; 
 Department of Correctional Services; 
 Department of Health; 
 Department of Housing; 
 Department of Land Resource Management; 
 Department of Lands, Planning and the Environment; 
 Department of Local Government and Regions; 
 Department of Mines and Energy; 
 Department of Primary Industry and Fisheries; 
 Department of Sport and Recreation and Racing; 
 Department of the Attorney-General and Justice; 
 Department of the Chief Minister; 
 Department of the Legislative Assembly; 
 Department of Treasury and Finance; 
 Health and Community Services Complaints Commission ; 
 Land Development Corporation; 
 Museum and Art Galleries Board; 
 Northern Territory Electoral Commission; 
 Northern Territory Emergency Service; 
 Northern Territory Employment and Training Authority; 
 Northern Territory Fire and Rescue Service; 
 Northern Territory Licensing Commission; 
 Office of the Commissioner for Public Employment; 
 Ombudsman's Office; 
 Parks and Wildlife Commission of the Northern Territory; 
 Police Force of the Northern Territory; 
 Racing Commission; 
 Remuneration Tribunal; 
 Strehlow Research Centre Board; 
 Top End Hospital Network; 
 Tourism NT; 
 Utilities Commission of the Northern Territory; 
 Work Health Authority. 
 
 Queensland 
 Department of Aboriginal and Torres 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 Environment and Heritage Protection; 
 Department of Housing and Public Works; 
 Department of Infrastructure, Local Government and Planning; 
 Department of Justice and Attorney-General, including: 
 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, Information Technology and Innovation; 
 Department of State Development; 
 Department of Tourism, Major Events, Small Business and the Commonwealth Games; 
 Department of Transport and Main Roads; 
 Motor Accident Insurance Commission; GPA/ACC/AUS/2 
 
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   Nominal Defendant; 
 Public Safety Business Agency; 
 Public Service Commission; 
 Public Trust Office; 
 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. 
 
 South Australia 
 Attorney-General's Department; 
 Auditor-General's Department; 
 Country Fire Service; 
 Courts Administration Authority; 
 Defence SA; 
 Department for Communities and Social Inclusion; 
 Department for Correctional Services; 
 Department of Education and Child Development; 
 Department of Environment, Water and Natural Resources; 
 Department of Health and Ageing; 
 Department of Planning, Transport and Infrastructure; 
 Department of Primary Industries and Regions; 
 Department of State Development; 
 Department of the Premier and Cabinet; 
 Department of Treasury and Finance; 
 Electoral Commission SA; 
 Environment Protection Authority; 
 Independent Gambling Authority; 
 Legal Services Commission; 
 Parliament of South Australia; 
 South Australia Police; 
 South Australian Fire and Emergency Services Commission; 
 South Australian Metropolitan Fire Services; 
 South Australian Tourism Commission; 
 State Emergency Service; 
 State Procurement Board; 
 TAFE SA. 
 
 Tasmania 
 Department of Education; 
 Department of Health and Human Services; 
 Department of Justice; 
 Department of Police and Emergency Management; 
 Department of Premier and Cabinet; 
 Department of Primary Industries, Parks, Water and Environment; 
 Department of State Growth; 
 Department of Treasury and Finance; 
 House of Assembly; 
 Integrity Commission; 
 Legislative Council; 
 Legislature-General; 
 Office of the Director of Public Prosecutions; 
 Office of the Governor; 
 Office of the Ombudsman; 
 Tasmanian Audit Office; 
 Tasmanian Health Service. 
 GPA/ACC/AUS/2 
 
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   Victoria 
 Commission for Children and Young People; 
 Department of Economic Development, Jobs, Transport and Resources; 
 Department of Education and Training; 
 Department of Environment, Land, Water and Planning; 
 Department of Health and Human Services; 
 Department of Justice and Regulation; 
 Department of Premier and Cabinet; 
 Department of Treasury and Finance; 
 Essential Services Commission; 
 Game Management Authority; 
 Independent Broad-Based Anti-Corruption Commission; 
 Office of Public Prosecutions; 
 Office of the Chief Commission  of Police (Victoria Police); 
 Office of the Commissioner for Environmental Sustainability; 
 Office of the Fire Services Levy Monitor; 
 Office of the Freedom of Information Commissioner; 
 Office of the Legal Services Commissioner; 
 Office of the Ombudsman; 
 Office of the Privacy Commissioner; 
 Office of the Road Safety Camera Commissioner; 
 Office of the Victorian Inspectorate; 
 Taxi Services Commission; 
 Victorian Auditor-General's Office; 
 Victorian Commission for Gambling and Liquor Regulation; 
 Victorian Electoral Commission; 
 Victorian Equal Opportunity and Human Rights Commission; 
 Victorian Public Sector Commission; 
 Victorian Responsible Gambling Foundation. 
  Western Australia 
 Botanic Gardens and Parks Authority; 
 Corruption and Crime Commission (Western Australia); 
 Country High Schools Hostels Authority; 
 Department of Aboriginal Affairs; 
 Department of Agriculture and Food; 
 Department for Child Protection and Family Support; 
 Department of Commerce; 
 Department of Corrective Services; 
 Department of Culture and the Arts; 
 Department of Education; 
 Department of Education Services; 
 Department of Environment Regulation; 
 Department of Fire and Emergency Services; 
 Department of Finance; 
 Department of Fisheries; 
 Department of Health; 
 Department of Housing; 
 Department of Lands; 
 Department of Local Government and Communities; 
 Department of Mines and Petroleum; 
 Department of Parks and Wildlife; 
 Department of Planning; 
 Department of Racing, Gaming and Liquor; 
 Department of Regional Development; 
 Department of Sport and Recreation; 
 Department of State Development; 
 Department of Training and Workforce Development; 
 Department of Treasury; 
 Department of Water; GPA/ACC/AUS/2 
 
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   Department of the Attorney-General; 
 Department of the Premier and Cabinet; 
 Department of the Registrar Western Australian Industrial Relations Commission; 
 Disability Services Commission; 
 Equal Opportunity Commission; 
 Gascoyne Development Commission; 
 Goldfields Esperance Development Commission; 
 Governor's Establishment; 
 Great Southern Development Commission; 
 Heritage Council of Western Australia; 
 Kimberley Development Commission; 
 Law Reform Commission of Western Australia; 
 Legislative Assembly; 
 Legislative Council; 
 Main Roads Western Australia; 
 Mid West Development Commission; 
 Minerals and Energy Research Institute of Western Australia; 
 National Trust of Australia (WA); 
 Office of the Auditor General; 
 Office of the Director of Public Prosecutions; 
 Office of the Information Commissioner; 
 Office of the Inspector of Custodial Services; 
 Office of the Parliamentary Commission er for Administrative Investigations; 
 Parliamentary Services Department; 
 Peel Development Commission; 
 Pilbara Development Commission; 
 Public Sector Commission; 
 Public Transport Authority; 
 Rottnest Island Authority; 
 Rural Business Development Corporation; 
 Salaries and Allowances Tribunal; 
 School Curriculum and Standards Authority; 
 Small Business Development Corporation; 
 South West Development Commission; 
 State Library of Western Australia; 
 Swan River Trust; 
 Western Australia Police; 
 Western Australian Electoral Commission; 
 Western Australian Land Information Authority (Landgate); 
 Western Australian Planning Commission; 
 Western Australian Sports Centre Trust (trading as VenuesWest); 
 Western Australian Tourism Commission; 
 Wheatbelt Development Commission; 
 Zoological Parks Authority. 
 
 Which are the enterprises owned or controlled by the government that are subject 
to the rules on government procurement? Which are the other entities or categories of 
entities (Annex 3- type entities) owned and co ntrolled by the government that engage in 
procurement? Please specify. 
In Australia Annex 3-type  entities are responsible for their own procurements, wi thin the context 
of Commonwealth's procurement framework and the broader set of legislation and rules described 
in response to question 2. 
 In Australia, Annex 3-type  entities which are subject to the Commonwealth Procurement Rules 
(CPRs) include the following: 
 
 Australian Communications and Media Authority; 
 Australian Competition and Consumer Commission; 
 Australian Financial Security Authority; 
 Australian Fisheries Management Authority; 
 Australian Human Rights Commission; GPA/ACC/AUS/2 
 
- 14 - 
 
   Australian Institute of Health and Welfare; 
 Australian Institute of Marine Science; 
 Australian Maritime Safety Authority; 
 Australian National Maritime Museum; 
 Australian Nuclear Science and Technology Organization; 
 Australian Pesticides and Veterinary Medicines Authority; 
 Australian Prudential Regulation Authority; 
 Australian Securities and Investments Commission; 
 Australian War Memorial; 
 Comcare; 
 Commonwealth Scientific and Industrial Research Organization; 
 Export Finance and Insurance Corporation; 
 Grains Research and Development Corporation; 
 Great Barrier Reef Marine Park Authority; 
 National Gallery of Australia; 
 National Museum of Australia; 
 Reserve Bank of Australia; 
 Sydney Harbour Federation Trust; 
 The Director of National Parks; 
 Tourism Australia. 
 
There are also other corporate Commonwealth enti ties that are not subject to the Commonwealth 
Procurement Rules or Australia's international trade obligations.  
 Do procuring entities listed in response to question 5, 6 and 7 apply in their 
procurement the main law (if one exists), ot her legislation provided by the federal or 
central level of government or  are they autonomous from fe deral or central government 
in their procurement rules and practices? Wher e any of these entities not subject to the 
main procurement law, please list the procur ing entities concerned and indicate which 
laws, regulations, etc., they are subject to. How will your government ensure the 
implementation of the revised Agreement by such procuring entities below the 
central/federal government level? 
Entities listed in response to questions 5 and 7 are required to comply with the Commonwealth 
Procurement Rules (CPRs). The CPRs include Australia's international free trade obligations as well 
as Australian legislation, including the Public Governance Performance and Accountability Act_2013  
and the Archives Act 1983 . 
 
Sub-central entities listed in response to question 6 are required to comply with their specific State 
or Territory's procurement framework and legislation. These frameworks and legislation are required to comply with Australia's sub-central international obligations as outlined in responses to questions 2 and 3. 
 
 Are there any general exceptions from th e scope of application of the national 
procurement rules, for instance for essentia l national defence or security reasons? 
Please provide details. 
There are two categories of exemptions in the Commonwealth Procurement Rules (CPRs). The first 
category of exemptions excludes a procurement fr om the CPRs in their entirety. These exemptions 
are similar to those described in the revised Agreement Article 2.3 (Scope and Coverage) such as 
loans, grants and public employment contracts. These exemptions are found in section 2.9 of the 
CPRs.  
The CPRs contain general exceptions, including for essential defence or security reasons. Section 
2.6 of the CPRs states that n o t h i n g  i n  a n y  p a r t  o f  t h e  C P R s  p r e v e n t s  a n  o f f i c i a l  f r o m  a p p l y i n g  
measures determined 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 . 
 
The second category of exemptions (CPRs Appendix  A )  a p p l y  t o  p r e s c r i b e d  p r o c u r e m e n t s  a t  o r  
above the relevant thresholds as stated in the CPRs at section 9.7 (Procurement Thresholds). Exempted procurements, to which the additional ru les in Division 2 of the CPRs do not apply, GPA/ACC/AUS/2 
 
- 15 - 
 
  include procurements such as motor vehicles, blood plasma products or fractionation services, 
government advertising and other procurements listed in existing trade agreement annexes 
(general notes). Procurements exempt from Division 2 must still comply with Division 1 of the CPRs, which includes the principles of value for money and non-discrimination. 
 
 Please provide available statistics on th e procurement by government entities in 
your country in the last two years, includin g to the extent available, a breakdown by 
procuring entity and by catego ries of goods and services.  
Commonwealth 
 
In 2013-14, the Commonwealth entered into 66,04 7 contracts totalling $48.9 billion, and in 2012-
13, the Commonwealth entered into 67,854 contracts totalling $39.3 billion.  
Table 1 - Total Procurement Contracts Reported 
Financial Year Value $m Number of Contracts 
2013–14 48,921.1 66,047 
2012–13 39,257.5 67,854 
Table 2 - Procurement Contracts by Value Threshold 
 2013–14 2012-13 
Threshold Value 
$b % of Total 
Value Number of 
Contracts % of 
Total 
Number Value 
$b % of 
Total 
Value Number of 
Contracts % of 
Total 
Number 
Below $80,000 1.4 2.8% 45,215 68.5% 1.4 3.7% 47,395 69.8% 
$80,000 - 
$249,999 1.6 3.4% 11,475 17.4% 1.7 4.3% 11,727 17.3% 
$250,000 - 
$999,999 3.0 6.1% 6,510 9.9% 2.8 7.2% 6,121 9.0% 
$1m - $4.999m 4.2 8.7% 2,005 3.0% 4.0 10.3% 1,921 2.8% 
$5m and above 38.6 79.0% 842 1.3% 29.2 74.5% 690 1.0% 
Table 3 - Ratio Goods to Services 
 Total Goods Services 
2013-2014 Value $m 48,921.1 18,886.4 30,034.7 
% 100% 39% 61% 
Number 66,047 24,822 41,225 
% 100% 38% 62% 
2012-2013 Value $m 39,257.5 17,136.7 22,120.8 
% 100% 44% 56% 
Number 67,854 24,821 43,033 
% 100% 37% 63% 
Table 4 - Procurement Contracts: Top 20 Categories for Goods and Services 
Category Title 2013-14 2012-13 
Value $m % of Total 
Value % of SME 
participation Value $m % of Total 
Value % of SME 
participation 
Management and 
Business Professionals and Administrative Services 14,572 29.8 24.6 7,973.0 20.3 64.0 
Commercial and 
Military and Private 
Vehicles and their 
Accessories and 
Components 12,331.0 25.2 50.5 4,910.8 12.5 25.0 
Engineering and 
Research and Technology Based Services 3,075.3 6.3 34.1 1,672.1 4.3 55.0 
Building and 
Construction and 
Maintenance Services 2,657.5 5.4 40.6 3,148.8 8.0 22.0 
Transportation and 
Storage and Mail 
Services 2,336.8 4.8 8.6 1,014.5 2.6 23.0 GPA/ACC/AUS/2 
 
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  Category Title 2013-14 2012-13 
Value $m % of Total 
Value % of SME 
participation Value $m % of Total 
Value % of SME 
participation 
Information 
Technology 
Broadcasting and 
Telecommunications 2,117.8 4.3 32.5 9,078.1 23.1 7.0 
Healthcare Services 2,004.6 4.1 31.2 2,072.4 5.3 19.0 
Politics and Civic 
Affairs Services 1,906.2 3.9 32.7 1,450.3 3.7 40.0 
Education and 
Training Services 1,222.3 2.5 63.6 802.2 2.0 43.0 
Defence and Law 
Enforcement and 
Security and Safety 
Equipment and 
Supplies 1,031.6 2.1 25.0 789.7 2.0 36.0 
Chemicals including 
Bio Chemicals and Gas Materials 718.4 1.5 0.0 - - - 
Public Utilities and 
Public Sector Related 
Services 691.0 1.4 59.2 1,773.1 4.5 10.0 
Fuels and Fuel 
Additives and Lubricants and Anti corrosive Materials 617.5 1.3 9.0 816.3 2.1 4.0 
Electrical Systems and 
Lighting and 
Components and 
Accessories and 
Supplies 475.7 10.0 31.0 148.0 0.4 87.0 
Structures and 
Building and Construction and Manufacturing Components and Supplies 385.5 0.8 33 306.6 0.8 69.0 
Industrial Cleaning 
Services 379.9 0.8 18.6 - - - 
National Defence and 
Public Order and Security and Safety Services 272.5 0.6 17.4 142.4 0.4 17.0 
Editorial and Design 
and Graphic and Fine 
Art Services 271.7 0.6 33.8 319.0 0.8 39.0 
Financial and 
Insurance Services 222.9 0.5 49.5 361.3 0.9 42.0 
Travel and Food and 
Lodging and 
Entertainment 
Services 154.5 0.3 35.4 858.0 2.2 0.0 
Environmental 
Services - - - 315.6 0.8 48.0 
Paper Materials and 
Products - - - 158.4 0.4 37.0 
Total of Top 20 47,444.7 - - 38,110.4 - - GPA/ACC/AUS/2 
 
- 17 - 
 
  Table 5 - Procurement Cont racts: Top 10 Agencies 
 2013-14 2012-13 
Agency Value $m % of Total 
Value Value $m % of Total 
Value 
Defence Material Organisation 16,721.1 34.2 7,532.7 19.2 
Department of Defence 12,688.2 25.9 8,414.9 21.4 
Department of Immigration and Border 
Protection 5,761.8 11.8 2,801.2^ 7.1^ 
Department of Foreign Affairs and Trade – 
Australian Aid Program  1,944.3 4.0 987.1 2.5 
1,039.8~ 2.6~ 
Department of Industry 1,718.5 3.5 N/A* N/A* 
Department of Finance 1,106.9 2.3 575.3 1.4 
Department of Human Services 925.9 1.9 3,190.7 8.1 
Department of Social Services 753.7 1.5 N/A* N/A* 
Department of Health 686.6 1.4 810.5 2.0 
Australian Taxation Office 655.8 1.3 1,277.2 3.2 
 
* The formation of new entities following Mach inery of Government changes during the 2013-14 
financial year means they can't be compared to entities of previous financial years. 
^ Previously the Department of  Immigration and Citizenship 
~ In 2013, the Department of Foreign Affairs and Tr ade and the Australian Aid Program (AusAID) were 
separate entities.  
Table 6 - Procurement Contracts:  Value of Top 10 FMA Agencies 
 2013-14 2012-13 
 Total Value $m % of Total Total Value $m % of Total 
Total of top 10 agencies 42,962.8 87.8 33,035.4 84.2 
Total of other agencies 5,959.3 12.2 6,222.1 15.8 
Grand total of all agencies 48,921.1 100 39,257.5 100.0 
 
Australian Capital Territory 
 ACT Government contracts with a value greater than $25,000 can be viewed on the ACT 
Government Contracts Register http://www.procurement.act.gov.au/contracts . Goods and 
Services expenditure in financial year 2012-13 was $567 million and in 2013-14 was $598 million. 
Expenditure on capital works was $676 milli on in 2012-13 and $304 million in 2013-14. 
 
New South Wales 
 
Total goods and services expenditure by NSW Government agencies is estimated to be 
approximately $13 billion per annum. Further information about the categories of expenditure is published in the NSW Procurement Board's annual report which is available from: http://www.finance.nsw.gov.au/publicat ion-and-resources/annual-reports . Details on expenditure 
by entities is not published. GPA/ACC/AUS/2 
 
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  Northern Territory 
 
The total value of contracts awarded in financial year 2013-14 by the Northern Territory was $916 million. This includes covered and non-covered procurement. 
 
Queensland 
 
The total value of contracts in calendar year 2013 was $14.833 billion and in 2014, 
$14.669 billion. See Attachment A for more detail.  South Australia 
 Attachment B provides a table showing actual pr ocurement spend on goods and services for the 
past two years, $3.973 billion in financial year 2012-13 and $4.051 billion in 2013-14. The data is 
extracted from the State Procurement Board's (B oard) published Annual Reports and is based on 
information reported by public authorities each year to the Board. The value of contracts for building construction (valued over $165,000) was $1.171 billion in 2012-13 and $283 million in 
2013-14. 
Tasmania 
 
Data on actual procurement dollars spent by all Tasmanian Government entities is not readily 
available. However, a report at Attachment C has been prepared on the total procurement value 
and number of awarded procurements as reported  by entities required to comply with the 
Treasurer's Instructions  on the Government's Tenders website. 
 
Procurement in 2012-13 and 2013-14 is reported in  two categories; being (1) goods and services 
and (2) building and construction/roads and bridges and relate to contracts reported on the 
Tenders website where the value of the procuremen t is at or above the relevant trade agreement 
thresholds.  Total procurement in 2012-13 was $535 million and in 2013-14 $568 million. 
 
All procurements are reported on the Tenders website using the Goods and Services Tax exclusive amount. 
 
Victoria 
 
Goods and services contracts reported in calendar year 2013 was $874 million and in 2014, 
$714 million. This data includes "whole-of-government" procurement by departments and agencies subject to the Victorian Government Purchasing Board guidelines only. It does not include procurement by individual departments or agencies, or construction.  
 
The Victorian Government is working to develop its data collection systems to incorporate the latter data. 
 
Western Australia 
 
For the financial year 2012-13, the total goods, services and works spend by agencies was 
$14,166 million. For 2013-14 it was $14,646 million.   NATIONAL TREATMENT AND NON-DISCRIMINATION 
 Identify the specific provisions in the legislation which reflect the non-
discrimination commitments of Article IV:1-2 of the revised Agreement. 
Commonwealth 
 
National treatment and non-discrimination are provid ed for in Section 5.3 of the CPRs which state: 
"The Australian Government's procurement framewor k is non-discriminatory. All potential suppliers 
to government must, subject to these CPRs, be tr eated equitably based on their commercial, legal, GPA/ACC/AUS/2 
 
- 19 - 
 
  technical and financial abilities and not be discriminated against due to their size, degree of foreign 
affiliation or ownership, location, or origin of their goods and services. " 
 Australian Capital Territory 
 Procurement Circular PC03: Australian Free Trade Agreements states that: A Territory entity must 
not treat a locally established supplier more favourably than other suppliers on the basis of degree 
of foreign affiliation or ownership . 
 New South Wales 
 
In New South Wales, the non-discrimination elements are captured, at the highest level, as 
objectives of the NSW Procurement Board in the Public Works and Procurement Act 1912  (section 
171(c) and (e)). The Regulation contains specific re quirements, including those related to disability 
organisations, competitive neutrality, resolution of complaints associated with government 
procurement actions, and investigations.  
Northern Territory 
 
The Northern Territory Government's Procurement Principles  states that: The objectives of Ethical 
Behaviour and Fair Dealing are to ensure that in all its procurement activities, the Government 
will: a. Behave with impartiality, fairness, inde pendence, openness, integrity and professionalism . 
 Queensland 
 Procurement by Queensland Government agencies is conducted under the Queensland 
Procurement Policy  (QPP). Clause 26 of the QPP requires ag encies to observe international trade 
agreements that impact on procurement. Broadly, these agreements contain commitments relating 
to national treatment and non-discrimination.  South Australia 
 The State Procurement Board's International Obligations Policy  applies to those public authorities 
that are defined in the State Procurement Act 2004 , and are subject to the trade agreements to 
which the SA Government is a party and have specific Government procurement (GP) 
commitments. The policy gives effect to one of th e primary obligations of the trade agreements 
that " each party and its procuring entities shall accord unconditionally to the goods and services of 
the other Party, treatment no less favourable than the treatment the Party or the procuring entity 
accords to domestic goods, services and suppliers. " Public authorities who are undertaking 
procurements that are covered by the GP chapters  of the relevant trade agreements must comply 
with the GP requirements.  
 
Tasmania 
 
National treatment and non discrimination commitments of Article IV of the Revised WTO GPA are 
generally reflected in Treasurer's Instruction No. 1102 – International Obligations: goods and 
services and 1202  – International Obligations: building and construction/roads and bridges.   
 
Victoria 
 While the Victorian Government Purchasing Board (VGPB) policies do not positively state the 
principles of non-discrimination, there are no po licies that allow or require agencies to apply 
discriminatory procurement practices. A number of procurement policy support documents, such as the VGPB Managing Probity Procurement Guide , state that procuring officers must make 
decisions and provide advice based on merit, without bias, caprice, favouritism or self-interest, 
and act fairly by objectively considering all relevant facts and fair criteria.  
Western Australia 
 
With respect to the procurement of goods and services under the State Supply Commission  (SSC) 
Act 1991 , the SSC policies do not positively state the principles of non-discrimination, however, 
there are no policies that allow or require agencies to apply discriminatory procurement practices GPA/ACC/AUS/2 
 
- 20 - 
 
  (except those below in response to question 14). The guiding policy in this area is the Probity and 
Accountability  policy, which requires that a public authority must be able to demonstrate to 
suppliers and the community that it conducts its procurement activities with high standards of probity and accountability. 
 
 Please provide details of any provisions in  national legislation according domestic 
goods, services and suppliers treatment more favourable than that accorded to foreign 
goods, services or suppliers or according g oods, services or suppliers of any country 
more favourable treatment than those of any other country. 
There are no general provisions in Commonwealth legislation that: 
 
 Accord domestic supplies or suppliers treatment more favourable than that accorded to 
foreign goods, services or suppliers; or 
 Accord goods, services or suppliers of any country more favourable treatment than those 
of any other country. 
However, the Commonwealth has a small number of  sector-specific policies that require or 
promote the use of local goods or suppliers, such as the preferencing of locally made motor 
vehicles, self-sufficiency in blood and the Indigenous procurement policy.  
 See also the response to question 14.  
 Please provide details of any provisions in  national legislation allowing a locally 
established supplier to be treated less fa vourably than anothe r locally established 
supplier on the basis of its degree of foreign affiliation or ownership or discriminating 
against locally established suppliers on the basis of the country of production of the 
good or service being supplied.  
There is no Commonwealth legislation allowing a locally established supplier to be treated any less 
favourably based on its degree of foreign affiliat ion or ownership; or discriminate against locally 
established suppliers on the basis of country of origin of the good or service being supplied. 
 However, Exemption 17 of Appendix A to the CPRs enables Commonwealth entities to procure 
goods and services directly from SMEs that are at least 50 per cent Indigenous owned regardless 
of the value of the procurement.   
Also, the Commonwealth's Indigenous Procuremen t Policy (IPP) seeks to promote engagement 
with suppliers with Indigenous ownership. Indigenous Australians currently make up 3 per cent of Australia's population. At the national level, 48 per cent of Indigenous Australian adults aged 
between 18 to 64 are economically  disadvantaged and welfare-reliant. The IPP aims to stimulate 
Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy.   
The IPP commenced on 1 July 2015 and includes the following targets for procurement from 
Indigenous suppliers:  
Financial Year Whole of Commonwealth Government Target 
(by number) 
2015-16 0.5 per cent of domestic contracts  
2016-17 1.5 per cent of domestic contracts  
2017-18 2.0 per cent of domestic contracts  
2018-19 2.5 per cent of domestic contracts  
2019-20 & onwards 3.0 per cent of domestic contracts  
 GPA/ACC/AUS/2 
 
- 21 - 
 
   Please specify to what extent, if at all,  more favourable treatment is granted to 
any sectors of the economy, regions or specific categories of suppliers or 
goods/services.  
Commonwealth 
 
Certain types of procurement are exempted from specific procurement procedures contained in Division 2 of the CPRs. These procurements are listed at Appendix A of the CPRs and include 
procurements of:  
 
 Research and development services; 
 Motor vehicles; 
 Blood plasma products or plasma fractionation services; 
 Government advertising services; 
 Goods and services from a business that primarily exits to provide the services of 
persons with a disability; 
 Goods and services from a Small and Medium Enterprise (SME) with at least 50 per cent 
Indigenous ownership. 
These procurements must still comply with Division 1 of the CPRs, which includes the principle of 
value for money.   Australian Capital Territory 
 The ACT Government has a policy to preference local small and medium-sized enterprises (SMEs) 
by applying a 5% weighting if a tenderer is a local SME or a proportional weighting if a tenderer 
subcontracts a component of work to a local SME as part of the tender evaluation process for the 
supply of goods and services. See " http://www.procurement.act.gov. au/About/Supporting-SMEs-
in-our-region ". There is no assessment process for the procurement of capital works and 
infrastructure.  
 New South Wales 
 
The NSW Government Procurement Policy Framework at times utilises government procurement in 
a variety of ways to further specific business and community objectives. The major instances are disability organisations and businesses owned by Aboriginal people. 
 
Northern Territory 
 
The Northern Territory Procurement Direction PO1- Best Value for Money Procurement  mandates a 
minimum weighting of 20% on Local Development and Value Adding during Tender Assessment (see " http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po1.aspx "). 
 
The criterion does not preference local supplies or  suppliers but evaluates tenderers' responses in 
respect of the potential for them to deliver improved outcomes against government's triple bottom 
line objectives. 
 This includes developing Northern Territory busi ness and industry capability in supply and service 
response, remote development opportunities or the achievement of the Northern Territory 
Government's broader strategic and community objectives, such as increasing economic participation and employment opportunities for In digenous Territorians, apprentices and trainees. 
All suppliers and supplies compete on an equal footing, and local supplies and suppliers are not 
given an automatic preference or incentive. 
 GPA/ACC/AUS/2 
 
- 22 - 
 
  Queensland 
 
The Queensland Procurement Policy  (QPP) does not accord more favourable treatment to any 
sectors of the economy, regions or specific categories of suppliers or supplies. 
 
Principle 4 of the QPP allows for the use of pr ocurement to advance the Government's economic, 
environmental and social objectives. The QPP gives agencies the flexibility in determining how this 
is actioned. Such procurements, however, must al so comply with clause 26 of the QPP requiring 
agencies to observe international trade agreements that impact on procurement.  In addition, procurement-related policies may also seek to leverage procurement expenditure or 
influence procurement practices and outcomes. These policies are consistent with the 
requirements that the Queensland Government ob serves under international agreements. Further 
details in relation to these policies are available online at the following address: 
"http://www.hpw.qld.gov.au/Procurement/Buyers/ HowToBuy/PolicyAndGuid ance/Pages/FreeTrade
Agreements.aspx ".  
 
South Australia 
 
The South Australian Government's Premium Food and Wine Strategic Priority  encourages South 
Australian agencies to support and showcase the State's quality food and wine products and 
brands at Government sponsored events and func tions where feasible and reasonable to do so. 
The policy has been implemented in a way so that it accords with the South Australian Government's existing commitments to trade agreements. 
 
The Department for Planning, Transport and Infrastructure (DPTI) manages the Workforce 
Participation in Government Construction Policy  which requires government agencies and 
contractors to work together to ensure that 15% of labour hours on specified contracts for building 
and civic works is undertaken by apprentices, trainees, Aboriginal people, local people with barriers to employment and for up-skilling ("the target groups"). A link to the policy may be found here: http://www.dpti.sa.gov.au/wpgcp . 
 
Industry Participation Policy  
The Office of the Industry Advocate (OIA) is responsible for the Industry Participation Policy (IPP) 
which covers goods, services and construction procurement. The IPP applies to 'Responsible Government Agencies' (RGA) which includes both public authorities made or declared and the 
prescribed public authorities declared under the State Procurement Act 2004  and accompanying 
regulations. Refer to question 6 regarding RGA pub lic authorities. The objective of the IPP is to 
ensure that capable South Australian small and medium enterprises are given full, fair and reasonable opportunity to tender and participate in significant public and private sector projects . 
 
The South Australian IPP operates within the context of relevant national and international agreements and procurement policies to which South Australia is a signatory. Consistent with 
these agreements, the South Australian IPP does not mandate local content levels or provide 
preferential treatment for local suppliers. For further information on the IPP, refer to: http://www.dpc.sa.gov.au/south-austral ian-industry-participation-policy . 
 
There are no preferential measures attached to the policies to achieve or implement their 
objectives.  
Tasmania 
 
No favourable treatment is granted to any sectors of the economy, regions, or for any specific 
categories of suppliers or supplies. 
 When procuring goods and services from busine sses that predominantly exist to provide the 
services of persons with a disability, streamlining of procurement methodologies is allowed for 
under the Treasurer's Instructions 1127 - Procuremen t from businesses that provide employment 
to persons with disabilities: goods and servic es and 1231 - Procurement from businesses that 
provide employment to persons with disabilities: building and construction/roads and bridges , and 
in accordance with the exceptions contai ned in current binding trade agreements. GPA/ACC/AUS/2 
 
- 23 - 
 
  Procurement from other government entities covered by the Treasurer's Instructions  can occur 
directly without the need for the usual prescribed procurement processes, in accordance with exclusions contained in current binding trade agreements.   
The Tasmanian Government's Buy Local Policy  aims to increase awareness of the requirements for, 
and benefits in, buying locally and in improving access to Government contracts for small and medium enterprises (SMEs). The relevant Treasurer's Instructions are 1119 - Buy Local Policy: 
goods and services and 1225 - Buy Local Policy: building and construction/roads and bridges . The 
Treasurer's Instructions do not provide for buy local price preferences. Further information is contained in the publication, Buy Local Policy: A Guide for Government Agencies , available at: 
"http://www.purchasing.tas.gov.au/buyingforg overnment/getpage.js p?uid=34A2CEB6804BED10C
A257CCA000F0926 " and guidance information on industry participation plans, industry impact 
statements and the local benefits test is available from the Purchasing website in the Tasmanian 
Industry Impact and Participation Policy and Guides  available at: 
"http://www.purchasing.tas.gov.a u/buyingforgovernment/getpag e.jsp?uid=8E35F 9AF6CDAE0D6C
A257CAC001090A7 ". 
 
Victoria 
 
Under the Victorian Industry Participation Policy Act , a project can be declared by the Victorian 
Government to be a Strategic Project where it ex ceeds $100 million in capital expenditure or $250 
million in whole-of-life cost. 
 The Victorian Industry Participation Policy (VIPP)  is designed to encourage engagement of local 
small and medium-sized enterprises (SMEs) in go vernment procurement opportunities. The VIPP is 
built on four fundamental principles (value, competitiveness, non-discrimination, transparency) which are enshrined in the policy guidelines that are applied at all stages during the procurement 
process. 
 The Victorian Government Standard Motor Vehicle Policy  outlines that only passenger and light 
commercial vehicles that are manufactured in Australia are permitted for lease or purchase by 
government. 'Manufactured in Australia' means any vehicle where the body is assembled and 
painted in Australia and the compliance plate is fitted at the point of manufacture in Australia. In the event that light commercial vehicles manufactured in Australia are not fit for purpose, only 
light commercial vehicles imported for sale by Australian vehicle manufacturers are permitted for 
lease or purchase. Refer to the Victorian Government Standard Motor Vehicle Policy  at: 
"http://www.dtf.vic.gov.au/Fleet -Management/Victorian-Govern ment-vehicle-contract-and-
policies/ ". 
 
Western Australia 
 
Western Australian Government policies allow direct sourcing (limited tendering) from Australian 
Disability Enterprises (ADEs) and Aboriginal businesses.  
The Western Australian Government Buy Local Policy  applies to both goods and services and works 
procurement. This policy is not applied where a bid is received from any of Australia's current trade agreement (Government Procurement) partners. The Buy Local Policy , including addenda 
(e.g. Buy Local Policy January 2015 Addendum) is available at: 
http://www.finance.wa.gov.au/cms/State_Supply_ Commission/Other_Gove rnment_Policies.aspx . 
 
The Department of Finance also implements the Buy Local Policy  in works procurement through 
the application of a tendering preference, for evaluation purposes only, for Aboriginal businesses 
and businesses employing Aboriginal people.  GPA/ACC/AUS/2 
 
- 24 - 
 
   Please specify any provisions requiring or allowing the use of offsets or measures 
with the similar effect, such as domestic co ntent, licensing of technology, investment, 
counter-trade or similar requirements in th e qualification or selection of suppliers, 
goods or services or in the evaluation  of tenders and award of contracts.  
Commonwealth 
 
There are no provisions in the Commonwealth procurement framework which allows offsets or 
measures with similar effect.  
 Australian Capital Territory 
 
The ACT Government does not operate any offsets.  
 New South Wales 
 No offsets or measures with similar effect are currently applied under the NSW Government Procurement Policy Framework. 
 
Northern Territory 
 There is no Northern Territory Government Procurement Policy which demands or supports such 
obligations. 
Queensland 
 
The Queensland Procurement Policy  does not contain any such provisions. 
 South Australia 
 The Board's International Obligations Policy  prohibits that the imposition or enforcement of offsets. 
 Tasmania 
 The Treasurer's Instructions  do not provide for the use of offsets in procurement with regard to the 
qualification or selection of suppliers, products or services or in the evaluation of tenders and 
award of contracts. 
 Victoria 
 There are no provisions in Victoria's governme nt procurement framework which allow offsets or 
measures with a similar effect.  
Western Australia 
 
There are no provisions in Western Australia's government procurement framework which allow 
offsets. 
  AVOIDANCE OF CONFLICTS OF INTEREST AND PREVENTION OF CORRUPT PRACTICES 
 Article IV:4(b) and (c) of the revised Agreement require procuring entities to 
conduct covered procurement in a transparent and impartial manner that "avoids conflicts of interest" and "prevents corrupt practices". Please indicate the measures 
taken in your procurement system to ensure compliance with these provisions - whether 
under your procurement legislatio n or under related legislation. 
Commonwealth 
 
The Commonwealth Procurement Rules (CPRs) in clude provisions that require procurement 
officials to act ethically (sections 6.6 to 6.8). The CPRs state that ethical behaviour includes recognizing and dealing with actual, potential and perceived conflicts of interest (CPRs, sections 
6.6[a] & [b]), and instruct officials to carefully consider the use of public resources (CPRs, section GPA/ACC/AUS/2 
 
- 25 - 
 
  6.6[c]). Section 6.6[d] of the CPRs requires officials to comply with: procuring entity policy 
regarding gifts and hospitality; privacy principles ( Privacy Act  1988), and; security laws ( Crimes 
Act 1914). 
 
Additionally, the CPRs require that for procurements over the relevant thresholds (CPRs, section 
9.7), any consultation with the private sector must ensure that a consulted supplier will not have an unfair advantage over other potential suppliers (CPRs, section 10.11). 
 
More generally, the Code of Conduct for the Australian Public Service (section 13 of the Public 
Service Act  1999) requires entities to have procedures in place that require all employees to: 
 
 notify managers about private interests, both financial and personal, where they could 
present a real or apparent conf lict with official duties;  
 not make improper use of (a) inside information, or (b) the employee's duties, status, 
power or authority, in order to gain, or seek to gain, a benefit or advantage for the 
employee or any other person. 
Senior Executives, and others whose responsibiliti es require particular transparency about their 
private personal and financial interests, must submit a declaration of interests at least annually. 
More information about these policies can be found at: " http://www.apsc.gov.au/publications-and-
media/circulars-and-advices/2007/circular-20071 ". 
The Australian Competition and Consumer Commission (ACCC), under the Competition and 
Consumer Act 2010 , is actively involved in preventing corruption from suppliers in government 
procurement, particularly cartel behaviour. In addition to conducting investigations, the ACCC engages in outreach activities to inform potentia l tenderers of the consequences of engaging in 
corrupt practices in government procurement. Th e ACCC also works with pr ocurement officials to 
identify the signs of cartel conduct.  
Australian Capital Territory 
 
Part 2A(3) of the Government Procurement Act  states that " In pursuing value for money, the 
entity must have regard to the following: (a) prob ity and ethical behaviour...(c) open and effective 
competition ". 
 Procurement Circular PC21: Probity and Ethical Behaviour states: 
 
All public servants conducting procurement activities for a Territory entity must:   
 perform the task honestly and without favour or prejudice;  
 spend public money efficiently and effectively and in accordance with the law and 
government policy;  
 deal fairly, impartially and consistently with suppliers;  
 keep confidential all sensitive information obta ined as part of the procurement activity;  
 not have an actual conflict of interest in relation to the procurement activity; and  
 not seek or accept any remuneration, gift, advantage or other benefit except as may be  
allowed in the normal course of their duties.  
Additionally, all members of tender evaluation teams are required to sign confidentiality and 
Conflict of Interest Declarations. 
 GPA/ACC/AUS/2 
 
- 26 - 
 
  New South Wales 
 
Section 164 of the Public Works and Procurement Act (1912)  establishes the NSW Procurement 
Board (Board). Sections 171 and 172 empower the Board to oversee and direct procurement for 
NSW Government agencies. 
 Section 171 also gives responsibility for the Board to improve competition and facilitate access to 
Government procurement business by the private sector, and simplify procurement process while 
ensuring probity and fairness. Section 176 obliges  government agencies' procurement of goods 
and services to apply the principles of probity and fairness.  
Under the NSW Government Procurement Policy Framework probity and fairness are highly 
significant and essential elements of all procurements however they should not be used as a shield to stifle competition, value for money, or innovation outcomes. 
 
Northern Territory 
 
The Northern Territory's Government's Procuremen t Framework and Principles includes a provision 
for ethical behaviour and fair dealing in Procurement Direction F2 .  
 Ethical Behaviour and Fair Dealing 
XIX. The objectives of Ethical Behaviour and Fair Dealing are to ensure that in all its 
Procurement Activities, the Government will: 
a. Behave with impartiality, fairness,  independence, openness, integrity and 
professionalism. 
b. Advance the interest of the Northern Territory in all transactions with Suppliers 
in accordance with the Government Procurement Framework. 
c. Ensure that its delegated officers attain  a high level of credibility with Suppliers. 
XX. Ethical behaviour and Fair Dealing means that: 
a. Standardised and consistent Procurement practices, policies and processes are 
adopted across Government. 
b. Government Procurement practices acknowledge and support legislative 
frameworks which apply to and regulate activities of Suppliers. 
c. Officers engaged in Procurement Activity, including decision-makers, will not be 
biased toward or treat certain Resp ondents/Tenderers more favourably. 
d. Officers engaged in Procurement Activity, including decision-makers, will declare 
all conflict of interest and not make improper use of their position. 
e. All parties will adhere to the relevant code of practice. 
In addition, a core principle of the Northern Territory Government's Procurement Code is to 
observe highest ethical principles in tendering . 
 
A copy of the Northern Territory Government's Procurement Framework and Principles and 
Procurement Code can be found using the following links: "http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Documents/f2/f2_procurement_principles.pdf " and 
"http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/Docum ents/nt_procurement_code_20110210.pdf ". 
 
Queensland 
 The Queensland Procurement Policy  is the Queensland Government's overarching policy for the 
procurement of goods and services, including construction. The Policy is underpinned by six 
principles of government procurement. The Queensland Procurement Policy  can be viewed online 
at http://www.hpw.qld.gov.au/SiteCollectionDoc uments/QueenslandProcurementPolicy2013.pdf .  
 GPA/ACC/AUS/2 
 
- 27 - 
 
  Principle 6 of the Queensland Procurement Policy  states that: We undertake our procurement with 
integrity, ensuring accountability for outcomes . 
Further to this, clause 26 of the Queensland Procurement Policy  requires, among other things, the 
observance of applicable legislation, policies and agreements, including international trade 
agreements, that impact on procurement. Includ ed in this are also the requirements of the Public 
Sector Ethics Act 1994 (Qld)  (the Act) and the Code of Conduct for the Queensland Public Service. 
 
Sections 6 to 9 of the Act specify four ethics principles, and standards of conduct for each 
principle. The principles are:  
 integrity and impartiality; 
 promoting the public good; 
 commitment to the system of government; and 
 accountability and transparency. 
More information is available in the Act which can be viewed online at 
https://www.legislation.qld.gov.au/LEG ISLTN/CURRENT/P/PublicSecEthA94.pdf . 
 
The Code of Conduct for the Queensland Public Service assists officers in understanding how these 
principles are put into practice. For ex ample, there are sections dealing with: 
 
 commitment to ethical standards (section 1.1); 
 conflicts of interest (section 1.2); 
 demonstrating a high standard of workplace behaviour and personal conduct (section 
1.5); 
 commitment to excellence in service delivery (section 2.1); 
 the commitment of officers to their public service roles (section 3.1); 
 ensuring diligence in public administration (section 4.1); 
 ensuring transparency in business dealings (section 4.2); 
 ensuring appropriate use and disclosure of official information (section 4.4). 
The Code of Conduct for the Queensland Public Service can be viewed online at 
http://www.psc.qld.gov. au/includes/assets/qps-code-conduct.pdf . 
 
Lastly, the following is noted:  
 Queensland's contract disclosure regime  is embedded in clause 27 of the Queensland 
Procurement Policy  and requires relevant government agencies to publish basic details 
for awarded contracts valued at $10,000 and over, and additional contract details for 
awarded contracts valued at $10 million and over. The disclosure of the procurement 
method used must also be disclosed for awarded contracts valued at $500,000 and over. 
 The Queensland Government has in place a Right to Information scheme (similar to what 
is sometimes termed as "Freedom of Information" in other jurisdictions). This is 
embedded under the Right to Information Act 2009 (Qld) , and can be viewed online at 
http://www.legislation.ql d.gov.au/LEGISLTN/CURRENT/R/RightInfoA09.pdf . 
 Queensland has in place the Crime and Corruption Commission, which is established 
under the Crime and Corruption Act 2001 (Qld) . One of the main purposes of the Act is 
"to reduce the incidence of corruption in the public sector " (section 4(1)(b)). The act can GPA/ACC/AUS/2 
 
- 28 - 
 
  be viewed online at 
https://www.legislation.qld.gov.au/LEGIS LTN/CURRENT/C/CrimeandCorruptionA01.pdf . 
South Australia 
 
The object of the State Procurement Act 2004  is to advance government priorities and objectives 
by a system of procurement for public authorities directed towards:  
 Obtaining value in the expenditure of public money;  
 Providing for ethical and fair treatment of participants; and 
 Ensuring probity, accountability and transparency in procurement operations. 
The State Procurement Board's Probity and Ethical Procurement Guideline  (the Guideline) provides 
information (including mandated requirements) and practical advice on probity and the ethical 
procurement of goods and services including ho w to manage and prevent unethical procurement 
practices. The Guideline includes a process to assist public authorities to identify, investigate, 
address and report unethical or fraudulent procurement practices. 
 The Guideline states that in undertaking and managing procurement, government employees 
and/or representatives (including contractors), must comply with the highest standards of ethical 
procurement and probity in every aspect of the procurement.  South Australian Government employees undertaking procurements must ensure that they adhere 
to the Code of Ethics for the South Australian Public Sector (under the Public Sector Act 2009 ). 
The Code covers required standards of behaviour regarding confidentiality; conflicts of interest 
(actual, potential or perceived); gifts / hospitality; process integrity; individual accountability; and 
communication and information management. 
 The Guideline includes discussion on the Independent Commissioner Against Corruption Act  (ICAC) 
2012 and associated Directions and Guidelines . Public authorities and public officers must comply 
with various ICAC obligations in relation to matters which are reasonably suspected of involving corruption, misconduct or maladministration in public administration.  
Tasmania 
 
Tasmania's Treasurer's Instructions  require agencies to behave ethically – agencies must observe 
the Procurement Ethical Standards and abide by the Procurement Code of Conduct (Treasurer's 
Instructions 1101 - Procurement Principles: goods and services and 1201 - Procurement 
Principles: building and construction/roads and bridges ). These Treasurer's Instructions also 
require agencies to develop and maintain a process for the recording of conflict of interest 
declarations. For building and construction procur ements, an agency must also ensure that its 
representatives and agency officers act in accordance with the Australian Standard Code of Tendering AS 4120 1994 . 
 
Government employees are also bound by the State Service Act 2000  which requires all employees 
to maintain appropriate confidentiality and disclose any conflict of interest. 
 
In accordance with the complaints process, agen cies are to refer any allegations of a criminal 
nature directly to Tasmania Police. 
 
Victoria 
 The Victorian Government Purchasing Board has a Guide to Probity  which addresses the avoidance 
of conflicts of interest and the prevention of corrupt practices (the Guide can be found at - 
http://www.procurement.vic.gov.au/Buyers/Po licies-Guides-and-Tool s/Governance-Policy ).  
 
The Guide to Probity  states that when commencing a procurement process organisations must: 
 
 Set up and apply procedures and processes to identify and address actual and perceived 
conflicts of interest. GPA/ACC/AUS/2 
 
- 29 - 
 
   Record all action taken to address any actual or perceived conflict of interest. 
 Organisations must ensure compliance with government legislation and codes, including: 
- Public Administration Act 2004 
- Freedom of Information Act 1982 
- Code of Conduct for Victorian Public Sector Employees 
- State Services Authority (SSA) Ethics Framework - SSA Conflict of Interest Policy Framework 
- SSA Gifts, Benefits and Hospitality Policy Framework, and 
- Commonwealth legislation and relevant trade agreements.  
Western Australia 
 The State Supply Commission (SSC) policies require agencies to act in accordance with the Probity 
and Accountability policy (see 
"http://www.finance.wa.gov.au/cms/State_Supply_ Commission/Procurement_Policy/Probity_and_
Accountability.aspx "). 
 
With respect to the procurement of works conduc ted by the Department of Finance's Building 
Management and Works (BMW) pursuant to the Public Works Act 1902 , the Department of Finance 
requires adherence with its Probity and Accountability policy (see "http://www.finance.wa.gov.au/cms/ uploadedFiles/Building_Manag ement_and_Works/Policy/Probi
ty%20and%20Accountability%20Policy%201%201%20internet%20version.pdf "). 
 
Main Roads, the Public Transport Authority, the Department of Housing and BMW all have internal 
guidelines in relation to conflicts of interest and gratuities. 
  ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES 
 Please provide a general description of your existing procurement methods and 
procedures, including the main procurement methods used and a brief description of 
each method, and the extent to which qualif ication of suppliers are open, selective and 
limited tendering for each leve l over government is used.  
Commonwealth 
 
Procurements conducted by Commonwealth entities are conducted by one of three methods: open 
tender; prequalified tender; or limited tender. Th e CPRs set out rules for entities regarding these 
methods.   
The CPRs state the following: 
 
9.8 Open tender involves publishing an open approach to market and inviting submissions.  
9.9 Prequalified tender involves publishing an approach to market inviting submissions from 
all potential suppliers on  
a. A shortlist of potential suppliers that responded to an initial open approach to 
market on AusTender; 
b. A list of potential suppliers selected from a multi-use list established through an 
open tender approach to market; or  
c. A list of all potential suppliers that have been granted a specific licence or 
comply with a legal requirement, when the licence or compliance with the legal 
requirement is essential to the conduct of the procurement. 
9.10 Limited tender involves a relevant entity  approaching one or more potential suppliers 
to make submissions, when the process does not meet the rules for open tender or 
prequalified tender.  GPA/ACC/AUS/2 
 
- 30 - 
 
  9.11 For procurements at or above the relevant procurement threshold, limited tender can 
only be conducted in accordance with section 10.3, or when a procurement is exempt as detailed in Appendix A. 
For more detail on CPRs section 10.3,  refer to response to question 20. 
Australian Capital Territory 
 
The Government Procurement Regulation 2007  sets out government procurement quotation and 
tender thresholds. 
 New South Wales 
 
The move toward devolved procurement arrangement from 2012 has been accompanied by 
measures to encourage greater participation by suppliers and industry in NSW Government procurement, and removing unnecessary barriers. This includes:  
 
 using open tendering as the default market approach method for procurements; 
 whole-of-government contracts when they do  not operate efficiently (for example, 
moving from whole-of-government contracts to prequalification schemes); and 
 allowing agencies to apply their in-house knowledge and expertise in their procurement 
activities though the agency accreditation framework. 
The NSW Procurement Board's Market Approaches Guide 2015  offers principles-based guidance to 
agencies on procurement and market engagement methods. 
 Northern Territory 
 The Northern Territory Government uses four methods for obtaining supplies:  
 Direct Purchase; 
 Public Quotation/Tender Process; 
 Select Quotation/Tender Process; 
 Existing Contracts. 
The procurement process for each tier is contained in the Procurement Directions Process Series 
available at: "http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/default.aspx ". 
 
Queensland 
 The Queensland Procurement Policy  (QPP) defines three procurement methods: 
 
 Open offer process  where all interested suppliers may submit an offer; 
 Selective offer process  where suppliers that have met pre-established criteria are invited 
to offer; 
 Limited offer process  where the agency invites a supplier/s of its choice to offer. 
Clause 2 of the QPP deals with the use of procur ement method. Agencies must also comply with 
clause 26 of the QPP, in relation to observing international trade agreements that impact on 
procurement, and requirements that these agreements set. 
 GPA/ACC/AUS/2 
 
- 31 - 
 
  South Australia 
 
The State Procurement Board's Market Approaches Guideline  outlines the various market 
approaches that can be undertaken when procuring goods and services (by public authorities in 
South Australia). As advised in the Guideline, the type of market approach and associated sourcing 
strategy when undertaking a procurement will depe nd on its nature, circumstances and objectives. 
The Guideline refers to three categories of sourcing strategy that may be suitable being: 
 
 Single (only one supplier is involved); 
 Selective (a defined number of suppliers are involved); and 
 Open (involvement is open to all interested suppliers). 
The Guideline outlines the acceptable reason for limiting the number of suppliers. The reasons are 
consistent with the allowable circumstances for limited tendering in the Government Procurement 
Chapters of trade agreements. 
 
The advice provided in the Guideline is not intended  to contradict or override the requirements of 
the trade agreements to which the South Au stralian Government is a signatory (see 
http://www.spb.sa.gov.au/content/po licies-guides/market-approaches ). 
Tasmania 
 
The following summarises the basic procedures that entities must generally follow for goods and 
services, building and construction, and roads and bridges procurements. 
 Most common procurement methodologies for higher value procurements 
 
Common use contracts: Agencies must purchase from whole-of-government common use contracts where they have been established. Co mmon use contracts are established through the 
normal procurement methodologies as set out below. 
 Open tender:   
 Where local capability exists, at least one tender must be sought from a Tasmanian 
business. The Request for Tender must be advertised in the Saturday edition of at least one of the daily Tasmanian papers and in the Tenders section of 
http://www.purchasing.tas.gov.au.  
 For building and construction/roads and bridges projects, where appropriate categories 
exist, only prequalified tenderers are eligible to tender. Procurement below these values 
may be undertaken either directly, by way of quotation or by open tender depending on 
values, circumstances and entity discretions. 
Entities are also able to establish multi-use lists/prequalify suppliers and thereafter conduct 
selective tenders without the need to further advertise projects/tenders. Some lists are established 
by entities for use by all other entities (i.e. Prequalification of Building and Construction 
Consultants). The lists are required to be established in accordance with processes detailed in the Treasurer's Instructions  and in the associated guidance information. These processes are 
compliant with trade agreement requirements. 
 In specified circumstances, entities may utilise direct or limited submission sourcing. These 
circumstances are set out in the Treasurer's Instructions . Where trade agreements apply, only the 
circumstances allowed for under trade agreements are available.  Detailed information on procurement requirements  is available from the Purchasing website at 
http://www.purchasing.tas.gov.au  and the Treasurer's Instructions  are available from the Treasury 
website at " http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-
ti/94C106B1C74E27DFCA25720A00163918 ". 
 GPA/ACC/AUS/2 
 
- 32 - 
 
  Victoria 
 
The following summarises existing procurement methods in Victoria.  
Quotation : an approach to one or more potential supp liers applying simple standard engagement 
procedures and systems (e.g. p card, purchase or der, standard forms, etc.) that reflect the 
transactional nature of the procurement.  
 
Open tender : a one stage approach to the open market. 
 Multi stage tender : an approach to the market involving one or more stages commencing with 
notification to the open market of the supply re quirement including proceeding with a two stage 
selective tender or conducting a multi stage tender or electronic auction.  
Limited tender : a direct approach to one or more potential suppliers without notification to the 
open market.  
For further details regarding the complexity asse ssment and typical procurement methods refer to 
the Guide to Complexity at: " http://www.procurement.vic.gov.au /Buyers/Policies-Guides-and-
Tools/Complexity-and-Capability-Assessment-Policy ". 
 
Western Australia 
 
With respect to the procurement of covered goods and services under the S tate Supply 
Commission  (SSC) Act - most are generally procured using Requests for Tenders. A pre-
qualification scheme is not available.  
Most covered procurements (subject to the exempt ions outlined in the State Supply Commission's 
Open and Effective Competition  policy found here: 
"http://www.finance.wa.gov.au/cms/State_Supply_ Commission/Procurement_Policy/Open_and_Ef
fective_Competition.aspx ") are openly tendered, and published on the TendersWA website, found 
here: https://www.tenders.wa.gov .au/watenders/index.do . 
 
The Public Transport Authority utilises a pre-qualification scheme for certain works procurement. 
This occurs through a single stage Request for Tender (public) process and subsequent award of 
successful contractors to a pre-qualification panel. Future works are then offered to all pre-qualified panel members through a restricted tender process. 
 
With respect to the procurement of works (relating to housing) under the Housing Act 1980 , 
generally, procurements are undertaken via Open "Request" processes (Expression of Interest (EOI), Request for Proposal (RFP), Request for Tender (RFT) etc). 
 
Procurement of Works is via EoI, RFP or RFT advertised on the TendersWA website. Contractors need to be Pre-qualified in accordance with the Main Roads Western Australia Pre-qualification 
System to be eligible for Contract Award. Applications to become a Pre-qualified contractor can be 
lodged with Main Roads Western Australia at any time in accordance with the guidelines published on the Main Roads Western Australia website: http://www.mainroads.wa.gov.au . 
 
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
majority of covered procurements are openly tendered and published on TendersWA. There are exceptions to this, which are outlined in the Department of Finance's Open and Effective 
Competition  policy (see 
"http://www.finance.wa.gov.au/cms/ uploadedFiles/Building_Managem ent_and_Works/Policy/policy
_open_and_effective_competition.pdf?n=2449 "). 
 GPA/ACC/AUS/2 
 
- 33 - 
 
   Identify the provision in your country's le gislation requiring non discrimination as 
regards the qualification and selection of supp liers in terms of Article IX of the revised 
Agreement. Indicate any exception to this  requirement. What are the provisions 
ensuring non-discriminatory access of new su ppliers to existing qualification lists? 
Commonwealth 
 
Commonwealth entities are required to be non-discr iminatory during all stages of the procurement 
process. 
 Section 7.13 of the CPRs states that:   
A notice of a multi-use list must be published on AusTender. When a multi-use list will be 
updated at any time, the notice must identify that applications will be accepted during the entire period of the multi-use list's operation.  Alternatively, when a multi-use list will be 
updated only at specific times and according to set deadlines for application, the notice must 
invite applications at least once every 12 months. 
 
Australian Capital Territory 
 
See answer to Question 11 identifying the principle of "Open and Effective Competition" in Part 2A 
of the Government Procurement Act . Procurement Circular PC03 Australian Free Trade Agreements 
available at http://www.procurement.act.gov.au/About  summarises the key procurement 
processes under trade agreements which procuring officers must be aware.  
 
New South Wales 
 
See answer to Question 11 – fairness, probity and non-discriminatory elements apply equally to 
multi-use lists/prequalification schemes. 
 All suppliers seeking acceptance onto NSW Government prequalification schemes to provide goods and/or services (except for the Audit and Risk Committee Member and Financial Assessment 
Services Schemes) need only ensure they first register on the NSW Government's eTenders 
website.  
Northern Territory 
 
Please refer to the Northern Territory's response to Question 11 above. The Northern Territory 
Government's Procurement Framework and Principles includes a provision for officers engaged in 
Procurement Activity, including decision makers, will not be biased toward or treat certain Respondents/Tenderers more favourably . 
 
South Australia 
 
See answer to Question 11. The object of the State Procurement Act 2004  i s  t o  a d v a n c e  
government priorities and objectives by a system  of procurement for public authorities directed 
towards:  
 Obtaining value in the expenditure of public money; 
 Providing for ethical and fair treatment of participants; and 
 Ensuring probity, accountability and transparency in procurement operations. 
Public authorities are required to ensure that they comply with the requirements of international 
trade agreements. 
Tasmania 
 
Tasmanian government agencies are required to be non-discriminatory during all stages of the 
procurement process.   GPA/ACC/AUS/2 
 
- 34 - 
 
  In accordance with Tasmania's procurement principles as contained in the Treasurer's Instructions 
1101 - Procurement Principles: goods and services  and 1201 - Procurement Principles: building 
and construction/roads and bridges , agencies must ensure that the purchasing process is 
impartial, open and encourages competitive offers. These Treasurer's Instructions require buyers: 
to ensure all potential suppliers are provided with identical information and are given equal 
opportunity to meet the requirements; ensure that fair and equal consideration is given to all tenders and quotations received; and are equitable in the treatment of all suppliers of goods and 
services. 
 In relation to multi-use lists specifically, in accordance with Treasurer's Instruction 1122  - Multi-
Use Lists: goods and services , an agency may only establish and use a multi use list where the 
agency either: 
  annually publishes a notice inviting interested suppliers to apply for inclusion on the list; or 
 makes available in a continuous electronic form, a notice inviting interested suppliers to 
apply for inclusion on the list.  
Victoria 
 
Departments and entities falling under the scope of the Victorian Government Purchasing Board (VGPB) are required to be non-discriminatory during all stages of the procurement process.  
The VGPB's Market Approach Policy  states: 
 
Approaching the market is predominantly a proce ss task to ensure all potential suppliers are 
treated fairly, have access to similar information and that standards of probity, 
confidentiality and security are applied in the conduct of all actions between the organisation 
and suppliers.  
 
The VGPB's Market Approach Policy can be found at 
http://www.procurement.vic.gov.au/Buyers/Policie s-Guides-and-Tools/Mark et-Approach-Policy/ . 
 
Western Australia 
 Main Roads maintains a Pre-qualification system for Works Contract and suppliers/contractors can lodge applications to become Pre-qualified at any time. The process for becoming a Pre-qualified 
contractor is available publicly via the Main Roads website at http://www.mainroads.wa.gov.au .  
 
The Public Transport Authority (PTA) maintains pre-qualification panels for some of its Works 
Contracts. These panels are initiated through an open tender process. The list of pre-qualified 
panel members is disclosed on TendersWA at time of award.  The PTA also maintains a number of consultancy panels for works procurement. These panels are 
entered into through competitive, open tender processes and although they are in place for a 
period of five years, may be refreshed at any time at the discretion of the PTA. Where the panels are refreshed, this is undertaken through an op en tender process. The list of panel members is 
available on the PTA internet website 
("http://www.pta.wa.gov.au/AboutUs/Contractingwit hPTA/PTAConsultantPanel/tabid/750/Default.a
spx"). 
 
With respect to the procurement of works conduc ted by the Department of Finance's Building 
Management and Works (BMW) pursuant to the Public Works Act 1902 , the BMW's Open and 
Effective Competition  policy addresses non-discrimination in tendering practices. The Policy states 
that: 
 
Building Management and Works (BMW) will apply open and effective competition when 
undertaking works procurement to provide suppliers with fair and equitable access to 
tendering opportunities and maintain transpar ency and integrity in works procurement. GPA/ACC/AUS/2 
 
- 35 - 
 
  The Department of Finance typically requires build ers to be prequalified to tender for contracts 
that primarily relate to the construction, alteration or addition of a building. Where a tender is advertised that includes a prequalification requirement, contractors must be prequalified to that level prior to the first advertising date in order to be eligible to tender. A contractor can apply for 
prequalification at any time. Details on the scheme's operation, how to apply, and application 
forms, are published on the Department's website (see "http://www.finance.wa.gov.au/cm s/Building_Managemen t_and_Works/Policy/Policy_and_Contrac
ting_Services.aspx "). 
 
Builders who have their prequalification declined may reapply, but not more than twice in a twelve-month period. 
 
The Department also maintains a number of panels for consultancies and works services. Across these panels, the terms vary as to whether suppliers can seek to join a panel at any time or only 
at specific times. When panels are renewed, they are publicly advertised. 
 See also response to question 11. 
 
 In situations where qualification procedur es and selective tendering may be used, 
to what extent do procuring entities allo w suppliers to become qualified during the 
procurement process? To what extent do procuring entities maintain multi-use lists of 
suppliers?  
Commonwealth 
 
Multi-Use Lists can be accessed on AusTender where suppliers can apply for inclusion. Inclusion on 
a multi-use list does not guarantee any potential supplier that an entity will include them in a prequalified tender process. Current multi-use lists can be accessed at 
https://www.tenders.gov.au .  
 
Australian Capital Territory 
 
Current/existing prequalification may form a requirement of tender. A tenderer must have any 
prequalification in place at close of tender. The ACT Government establishes standing offer arrangements which are available to suppliers for the provision of a range of services through a 
public tender process. The ACT Government does not generally operate Multi-Use Lists. 
 New South Wales 
 Prequalified supplier panels both for goods and serv ices, and construction services are used in New 
South Wales for the supplier participation benefits outlined above in Question 17.  
Where agencies use selective tendering, they must do so in accordance with the guidance in the 
Market Approaches Guide 2015 . 
 
Northern Territory 
 
It is a condition in all Northern Territory Government building service and construction contracts 
that Tenderers be registered with Contractor Accreditation Ltd (CAL).  
 CAL is an industry-owned and operated not-for-profit business which undertakes financial, capability, capacity and other checks on the Northern Territory Government's behalf, and accredits 
those businesses that meet the necessary stan dards. Unlike prequalification systems, the 
accreditation system is continuously open so any Contractor can seek accreditation from CAL at any time to "pre-qualify" for Government work. The system is used by both Government and 
industry in the Northern Territory and funded by  user and membership fees. Further information 
on CAL can be found at: http://www.accreditation.com.au/Home.aspx . 
 GPA/ACC/AUS/2 
 
- 36 - 
 
  Queensland 
 
The main prequalification schemes which the Queensland Government maintains that allow suppliers to apply to prequalification/accreditation/multi-use lists include: 
 
 Government Information Technology Contracting (GITC) accreditation 
("https://www.business.qld.gov.au/industry/ict/supply-ict-government/accreditation-ict-
suppliers "); 
 Prequalification (PQC) System for building consultants and contractors 
("http://www.hpw.qld.gov.au/construction/Preq ualificationBuildingS uppliers/Pages/Defa
ult.aspx "); 
 Transport Infrastructure Project Delivery System (Prequalification System) for road and 
bridge construction and other nominated contract types ("http://www.tmr.qld.gov.au/business- industry/Technical-standards-
publications/TIPDS.aspx "). 
Multi-use lists can be used by Queensland Government agencies. Guidance on their use (in relation 
to Australia's bilateral agreements with the United States, Japan, South Korea and Chile) is 
contained under section 12 of the International trade obligations and government procurement 
guide (see  http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf ).  
 
South Australia 
 
There are no specific requirements in the State Procurement Board's (the Board) policy framework 
regarding prequalification requirements. Public authorities are required to comply with the 
requirements in the Government Procurement Ch apters of those trade agreements to which 
Australia is a signatory. Public authorities will apply qualification procedures and requirements 
depending on the market and the nature of the procurement. 
 The Office of the Industry Advocate (OIA) publishes the South Australian Government 
Prequalification and Panel Handbook  which provides a list of existing and forthcoming 
prequalification lists and panel arrangements un dertaken by agencies. There are no fees to 
prequalify. Agencies are responsible for what is included in the list. A link to the Handbook and the One Prequalification system is here: http://www.dpc.sa.gov.au/connecting-business . 
 
Tasmania 
 
The Treasurer's Instructions  do not currently specify any requirements in relation to timing 
restrictions (or otherwise) on suppliers becoming qualified during a procurement process. However, in accordance with current internatio nal trade obligations, entities that undertake a 
covered procurement and that maintain a multi–use list must include all potential suppliers that 
satisfy the conditions for participation on that multi-use list as soon as practicable after 
application.  
Generally speaking, where sufficient time is available to undertake necessary assessments, it is 
anticipated that entities would allow for qualification/registration during the procurement process.  
Where the whole-of-Government building and construction prequalification scheme applies 
suppliers may become prequalified by submitting an application during the time that a tender is open, but must be prequalified by the close of tender date (see "http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-
pages/B51B71FBCB6AB849CA256FE1000F8F5F "). 
 
For roads and bridges works, the National Prequali fication System applies. All contractors wishing 
to tender for road and bridge construction cont racts and other nominated contract types must be 
prequalified in the relevant category at the time of close of tenders (see "http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-
ti/4B152DC6A5BAA306CA25750D0080F3A9 "). 
 GPA/ACC/AUS/2 
 
- 37 - 
 
  Victoria 
 
In Victoria, the use of prequalification depends on the sourcing process used. Where pre-qualification registers and panels are used, entities maintain supplier lists. The use of registers of 
pre-qualified building and construction consultants and contractors is a key mechanism to 
streamline public construction procurement.  
Whole-of-Victorian-Government (WoVG) and agency-s pecific construction registers are established 
and operate in accordance with the Guide to Ministerial Direction No. 1 - Tendering provisions for 
public construction.  
The Construction Supplier Register (see " http://www.dtf.vic.gov.au/Infrastructure-
Delivery/Construction-Supplier-Register ") is the WoVG pre-qualification scheme for building and 
construction industry consultants and contractors including: 
 
 architects; 
 engineers; 
 project managers; 
 commercial and domestic builders; 
 demolition contractors; and 
 other public construction specialists. 
Victorian Government departments and public bodies may use the Construction Supplier Register 
to create short lists of suppliers to invite to submit tenders for public construction projects. Suitably qualified and experienced building and co nstruction industry consultants and contractors 
may apply for pre-qualification with the Construction Supplier Register at any time. 
 Western Australia 
 With respect to the procurement of covered goods and services under the State Supply 
Commission  (SSC) Act, suppliers are not pre-qualified and a permanent list of suppliers is not 
maintained. 
 
See response to Question 17 for the Public Transp ort Authority (PTA). The pre-qualification panel 
is in place for a pre-determined period, meaning only those panel members can be sourced for 
future works during the pre-qualification period. Pre-qualified panel members must submit priced 
bids for each portion of work during the contract period. PTA also utilises panel contracts for certain maintenance activities, such as carpentry, electrical etc. Tendered pricing is included in the 
final contracts and contractors are engaged for minor works, repairs and maintenance during the 
contract period (through a "pick and buy" arrangement).  With respect to the procurement of works (relating to housing) under the Housing Act 1980 , the 
Department of Housing has limited pre-qualified supplier lists such as builders, consultants and 
specialist services etc. For example, the Department currently has an open two-stage "Call for Submissions" process whereby respondents can submit their EOI for consideration at any time 
whilst the process is open. 
 Main Roads Western Australia publishes a list of all Pre-qualified contractors for Works on the Main 
Roads Western Australia website http://www.mainroads.wa.gov.au . 
 
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
Department of Finance typically requires builders to be prequalified to tender for contracts valued 
at greater than $300,000 and that primarily relate to the construction, alteration or addition of a 
building. Where a tender is advertised that includes a prequalification requirement, tenderers must be prequalified to that level prior to the first advertising date in order to be eligible to tender. A 
company can apply for prequalification at any time. 
 GPA/ACC/AUS/2 
 
- 38 - 
 
   What are the conditions and circumstances foreseen in your legislation allowing 
the use of the limited tendering method un der Article XIII of the revised Agreement? 
What measures exist in order to ensure that  this method is not used with a view to 
avoiding maximum possible competition or in  a manner which would constitute a means 
of discriminating among foreign goods/servic es/suppliers or in favour of domestic 
goods/services/suppliers? 
Commonwealth 
 
The Commonwealth Procurement Rules (CPRs) set ou t strict criteria (CPRs, section 10.3) that 
Commonwealth entities must apply when using limited tendering for procurements over the 
relevant thresholds (CPRs, section 9.7) to ensure that Commonwealth entities are not avoiding 
maximum possible competition or discriminating against foreign goods/services/suppliers. The 
CPRs state:  
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 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 format requirements for 
submission as stated in the request documentation were received, or  
iii. no tenderers satisfied the conditions fo r participation, and the relevant entity 
does not substantially modify the essential requirements of the procurement; or 
b. when, for reasons of extreme urgency br ought about by events unforeseen by the 
relevant entity, the goods and services could not be obtained in time under open 
tender or prequalified 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 suppliers; or 
d. when the goods and services can be su pplied 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 rights, or proprietary 
information, or 
iii. due to an absence of competition for technical reasons; or 
e. for additional deliveries of goods and serv ices by the original supplier or authorised 
representative that are intended either as replacement parts, extensions, 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 .  w h e n  a  r e l e v a n t  e n t i t y  p r o c u r e s  a  p r o t o t y p e  o r  a  f i r s t  g o o d  o r  s e r v i c e  t h a t  i s  
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 th e 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 judged by an independent jury with a view to a design contract 
being awarded to the winner; or 
i. for new construction services consisting of the repetition of similar construction 
services that conform to a basic project for which an initial contract was awarded GPA/ACC/AUS/2 
 
- 39 - 
 
  through an open tender or prequalified tender, and when the initial approach to 
market indicated that limited tender might be used for those subsequent construction services. 
Limited Tender procurements must still comply wi th Division 1 of the CPRs, which includes the 
principles of value for money and non-discrimination.  
 Australian Capital Territory 
 Section 10 of the Government Procurement Regulation 2007  addresses exemption from quotation 
and tender requirements.  
The responsible chief executive officer may exempt the entity only if satisfied, on reasonable 
grounds, that the benefit of the exemption outweighs the benefit of compliance with the 
requirement. 
New South Wales 
 
The Procurement Policy Framework allows limited tendering approaches providing competition, 
fairness and equity principles in the Framework are also fulfilled.  
 Limited tendering is generally used:  
 in emergency situations, 
 for specialist work, or 
 in special circumstances where only one or a limited number of services providers are 
known to be able to carry out the work. 
These approaches have been designed to be consistent with Australia's international trade 
agreements. 
 
Northern Territory 
 Limited Tendering is allowed where it is demonstrated to deliver a benefit. These include:  
 
 The Supplies are required urgently in an emergency situation. 
 The Supplies are available from a limited or single source. 
 Standardisation of Supplies, where it can be demonstrated that a similar product will not 
operate within the current system. 
 Where a Public Tender Process has resulted in no admissible Tenders. 
 There are warranty, patent or copyright obligations which limit the number of Suppliers. 
 Supplies are provided by a Regional Council Ar ea using a minimum of thirty percent (30%) 
indigenous employment. 
 Supplies are provided by an Indigenous Business or a Business employing a significant 
number of indigenous employees, operating in a remote location. 
Procurement Directions PO2.10-2.13 ensures maximum competitiveness. PO2 can be found at: 
"http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po2.aspx ". 
 GPA/ACC/AUS/2 
 
- 40 - 
 
  Queensland 
 
The Queensland Procurement Policy  (QPP) gives agencies the flexibility to use a method of 
procurement must appropriate to the circumstances. Clause 2 states:  
 
Agencies will identify the procurement strategy and method (open, limited or selective) most 
appropriate to facilitating the delivery of the best procurement outcome based on an 
assessment of complexity, scope, opportunities and risks associated with procurement 
objectives, as well as the level of competition in the supply market. 
 Agencies must also comply with clause 26 of the QPP, in relation to observing international trade 
agreements that impact on procurement, and requ irements that these agreements set for the use 
of limited tendering. Agencies will:  
 Observe applicable legislation, policies an d agreements, including International Trade 
Agreements, that impact upon procurement. A list of the main instruments impacting on procurement can be found at http://www.hpw.qld.gov.au . 
 Ensure that appropriate governance mechanisms are in place to maintain the 
integrity of the procurement decision making process. 
 Ensure all stages of the procurement decision making process from planning to 
award and contract management, are defensible and documented. Decisions should 
be able to withstand public scrutiny and preserve confidence in the procurement 
process. 
 Ensure a complaints management system for procurement is in place.  
Refer also  
http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf .  
 
South Australia 
 
The State Procurement Board's (the Board) Market Approaches Guideline  (refer also question 17 
above) specifies the conditions for limited tendering. In addition, an appendix to the guideline 
outlines issues and questions to consider in the development of acquisition plans for limited 
market approaches. As the guideline states, single source strategies are only allowable in extenuating circumstances and must obtain appr opriate approval. The guideline states that a 
single supplier sourcing strategy is not to be chosen in order to avoid competition and the integrity 
of the procurement process will be maintained.  
The Board's International Obligations Policy  outlines the key principles and requirements for those 
trade agreements with a government procurement chapter to which the South Australian Government is a party.   
Tasmania 
 
Limited tendering, compliant with current trade obligations, is allowed for under the Treasurer's 
Instructions . The requirements are contained in Treasurer's Instructions 1114 - Direct/limited 
submission sourcing: goods and services  and 1217 - Direct/limited submission sourcing: building 
and construction/roads and bridges . These provide that only a Head of Agency, where specified 
circumstances exist, may approve the direct sour cing or seeking of limited submissions from a 
supplier or suppliers.  Guidelines provide detail for agencies regarding limited tendering and provide that direct/limited 
submission sourcing process are not to be used to avoid competition or used in a manner that 
discriminates against suppliers. Entities also need to ensure that any direct/limited submission sourcing is undertaken in a manner that is consistent with the procurement principles contained in 
the Treasurer's Instructions.  
 Auditable documentation regarding the approval of  a direct/limited submission sourcing process 
must be maintained.  GPA/ACC/AUS/2 
 
- 41 - 
 
  Direct/limited submission sourcing procurement processes are required to be publicly reported and 
an appropriate proportion is subject to annual audit for compliance with procurement requirements, as a component of entities annual audit plans.  
Victoria 
 
The Victorian Government Purchasing Board policy outlines the circumstances in which limited 
tendering may be permitted. The Market Approach Procurement  guide (available at 
http://www.procurement.vic.gov.au/Buyers/Polic ies-Guides-and-Tools/Market-Approach-Policy ) 
states that a limited invitation to supply involves a direct approach to the market. Such an 
approach should not be used to avoid competition. They are relevant where: 
 
 the procurement requirement can only be provided by an extremely limited field of 
suppliers; 
 the procurement requirement is related to accessing specific intellectual property, 
specific technical requirements or maintaining a common operating platform; and 
 there is a requirement to address security requirements, protect patents, copyrights, 
propriety information or intellectual property. 
Other considerations include: 
 
 Obtain sufficient submissions to assess the degree to which the engagement can satisfy 
a value for money outcome.  
 Ensure the number of submissions reflects the relevant market sector's ability to supply. 
 Obtain sufficient participation to establish a competitive environment and to compare 
submissions. 
 Adopt a strategic negotiation framework to drive innovation and value-for-money 
outcomes. 
Western Australia 
 
The Open and Effective Competition  policy of the State Supply Commission  (SSC) Act concerning 
covered procurements allows the use of limited tendering. The policy is available here: 
"http://www.finance.wa.gov.au/cms/State_Supply_ Commission/Procurement_Policy/Open_and_Ef
fective_Competition.aspx ". 
 
For the procurement of goods and services, Wester n Australia operates a "centre led" procurement 
model. That is, the Department of Finance (Finance) is involved in all procurement activity valued at greater than $50,000.
2 Largely as a result of this model, "independent" staff within Finance 
review and endorse all requests for direct sour cing. Agencies, on the whole, request a direct 
source through the submission of the template found here: "http://www.finance.wa.gov.au/cms/Government_P rocurement/Guidelines_ and_templates/Goods_
and_Services_Templates,_Guides_and_Conditions_ of_Contract.aspx#contract_formation_template
s" labelled "Request for Exemption". 
 
Under the Public Transport Authority Act 2003 , the Accountable Authority or its delegate approves 
all limited tendering and direct sourcing throug h a Request for Quotation/Tender template. In 
accordance with the agreement with the SSC, the Public Transport Authority (PTA) does not seek 
Finance endorsement for goods and services direct sourcing. 
 
With respect to the procurement of works (relating to housing) under the Housing Act 1980 , the 
Department of Housing's Director-General is the Accountable Authority that can approve limited tendering and/or direct sourcing in certain circumstances. 
                                               
2 Main Roads and the Public Transport Authority ar e two of four agencies granted a total exemption 
under the SSC Act. Totally exempt agencies are required  to comply with SSC policies for the procurement of 
goods and services, but are not required to in volve Finance in their procurement activity. GPA/ACC/AUS/2 
 
- 42 - 
 
  In accordance with the agreement with the SSC, Main Roads does not seek Finance endorsement 
for goods and services direct sourcing. However, Main Roads does permit limited tendering in accordance with SSC policies.  
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , 
Finance's Open and Effective Competition  policy allows the use of limited tendering. The policy is 
available here: 
"http://www.finance.wa.gov.au/cms/ uploadedFiles/Building_Managem ent_and_Works/Policy/policy
_open_and_effective_competition.pdf?n=2449/ ". 
 
 Article XII of the revised Agreement allows for negotiation under certain 
conditions. Are procuring entities allowed to proceed to negotiations? If so, which 
categories and what are the conditions imposed? 
Commonwealth 
 
Commonwealth entities are allowed to negotiate and must ensure that all participating suppliers are treated equitably, with the contract awarde d to the supplier who provides best value for 
money in accordance with the essential requirements and evaluation criteria specified in the 
approach to market and request documentation.   Australian Capital Territory 
 ACT Government template tender documentatio n endorsed by the ACT Government Solicitor 
includes details on the evaluation process that will be applied to each tender and whether 
negotiation will form part of that tender process. 
 New South Wales 
 Direct negotiation is classified under the Policy Framework as a complex procurement method, requiring agencies to consider additional factors before undertaking these activities.  
The Independent Commission Against Corruption (ICAC) in NSW publishes guidance on managing 
risk in direct negotiations.   
The Procurement Board issued a Direction in 2014 ( 2014-05 Procurement innovation stream ) 
about innovative procurement approaches that can include direct negotiation while ensuring the usual competition, and probity and ethics principles still apply. This is only in the instance where a 
procurement task is part of a wider trial or conc ept testing phase of a larger procurement activity. 
Agencies are obliged to test the wider market at the conclusion of the trial.  Northern Territory 
 Procurement Direction PO8 describes the use of negotiations (see below link). Negotiation is allowed in all categories within very strict requirements.  
"http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po8.aspx " 
 
Queensland 
 
The Procurement Transformation Division (Dep artment of Housing and Public Works) makes 
guidance available on negotiation, which is available online at 
http://www.hpw.qld.gov.au/SiteCollectionDoc uments/ProcurementGuideNegotiation.pdf .  
 
Agencies must also comply with clause 26 of the Queensland Procurement Policy , in relation to 
observing international trade agreements that im pact on procurement, and requirements that 
these agreements set on the use of negotiations.  
South Australia 
 
The State Procurement Board's (the Board) Supplier Selection Guideline  includes a section on 
"Undertaking Negotiations" on page 11. It includes a statement that " it is important that any GPA/ACC/AUS/2 
 
- 43 - 
 
  negotiation not disadvantage other bidders, distort the competitive process or impact negatively 
on the object of the Act. Negotiation is used to optimise value, but is not opportune for purchasing 
a different outcome than that originally specified in the market approach " (page 11). In addition, it 
states that negotiation proceedings must be documented to provide a clear audit trail, with the 
results of any negotiation fed into the evaluation process and scoring model where relevant. A 
copy of the Supplier Selection Guideline  may be downloaded here: 
http://www.spb.sa.gov.au/content/po licies-guides/sup plier-selection . 
 
In addition, the Board's Market Approaches Guideline  includes a small section on "contract 
negotiations" which states that the public authority and the proponent can negotiate final legal and commercial terms and prepare and execute the formal project documentation. 
 
Tasmania 
 
Currently, entities may enter into negotiations where necessary prior to finalising the contract with 
the successful supplier for complex or high value purchases. The purpose of these negotiations is to: 
 
 test the understandings and assumptions made by tenderers in determining their costs;  
 clarify and rectify any false assumptions; and  
 achieve operational refinements and enhancements that may result in cost reductions. 
The outcomes from these negotiations are reflected in the final contract. 
 Victoria 
 The Victorian Government Purchasing Board (VGPB) policy and standard tender conditions allow for negotiations with tenderers. The VGPB's Evaluation, Negotiation and Selection Procurement  
guide sets out guidance for these negotiations. In short, the negotiation is a process between 
buyer and supplier that seeks to improve value for money outcomes through discussion. The Guide can be found at " http://www.procurement.vi c.gov.au/Buyers/Policies-Guides-and-Tools/Market-
Approach-Policy ". 
 
Western Australia 
 
With respect to the procurement of covered goods and services under the State Supply 
Commission Act 1991 , all contracts may be negotiated prior to award. Although it is not policy, it is 
common practice not to negotiate on price. 
 
All contracts including goods, services and works are able to be negotiated prior to award. The 
Public Transport Authority may negotiate on price in certain circumstances (i.e. where a sole bid has been received and the pricing exceeds budget) but this is rare. 
 
With respect to the procurement of works (relating to housing) under the Housing Act 1980 , 
negotiations may occur with respondents prior to contract award. 
 
Main Roads Western Australia does negotiate certain conditions, including price for Works Contracts, e.g. alliances. 
 
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , 
negotiations are generally not required but, subject to the terms of the particular request document, may occur where: 
 
 The preferred respondent has exceeded the pre-tender estimate.  
 The preferred respondent's offer is substantially below the pre-tender estimate.  
 An alternative bid has been selected as the preferred respondent.  
 No conforming offers have been received.  GPA/ACC/AUS/2 
 
- 44 - 
 
   A sole offer is received.  
 There are limited suppliers available to m eet the requirements of the request.  
 Alternatives are built into the request, e.g. there is a design and construct element in a 
construct only request.  
 A decision was made not to issue an addendum that would impact on price and the 
change would not alter the original intent of the request.  
The following principles must be adhered to when conducting post-tender negotiations:  
 
 Negotiations may take place where the Department of Finance seeks to add or subtract 
from the requirement as tendered but must not alter the original intent of the request. Where negotiations significantly alter the original intent of the request, a new tender 
process must be called. 
 The preferred respondent may be asked to revi ew its offer in relation to methodology, 
scope, time, quality and risk.  
 An appropriate senior Department of Finance representative must lead the negotiations.  
 An appropriate senior Department of Finance representative may elect to have a third 
party present during the negotiations to ensure probity in the process.  
 Negotiations must not ask respondents to trade off different respondents' offers.  
 Negotiations should be exhausted with the preferred respondent before proceeding to 
negotiate with the next preferred respondent. Where time constraints require a decision to be made and the contract awarded, negotiations may take place with multiple 
respondents. This should be considered as an exception rather than common practice.  
 Negotiated outcomes are to be approved by an appropriate senior Department of 
Finance Building Management and Works representative.  
 The outcomes of the negotiation must be documented and agreed to in writing and the 
contract awarded at the revised price and with the revised requirements.  
 Article XI of the revised Agreement sets out the minimum time-periods for 
tendering and delivery. What are the rules an d practices regarding time-periods in your 
legislation? Does the legislation reflect the various minimum time-periods as set out in 
the Agreement? If not, give information on  any different time-periods which may have 
been established in your national legislation. 
Commonwealth 
 
The Commonwealth Procurement Rules (CPRs) set out minimum time-periods for tendering (CPRs, 
section 10.19-20) that must be applied for procurements over the relevant thresholds (CPRs, 
section 9.7). All potential suppliers are required to lodge submissions in accordance with a common deadline (CPRs, section 10.17) and must be provided with sufficient time to prepare and 
lodge submissions in response to an open tender (CPRs, section 10.18). 
 The following minimum time-periods apply to procurement processes:  
 days 
Request for submissions 30 
Request for submissions that have been issued 
electronically 25 
 GPA/ACC/AUS/2 
 
- 45 - 
 
  Section 10.10 of the CPRs allows these time-periods to be reduced to no less than 10 days where 
the procurement is:  
 listed in an Annual Procurement Plan (at least 30 days and not more than 12 months in 
advance); 
 for commercial goods and services; or 
 when a genuine state of urgency renders the normal time limit impracticable.  
The time periods stated above apply to each stage of a procurement. For a multi-stage 
procurement (such as inviting expressions of inte rest followed by a prequalified tender) each 
approach must comply with the above time-periods.  
The above time-periods are minimum time limits for suppliers to lodge submissions, with 
Commonwealth entities not allowed to use these as default time-periods.   
Australian Capital Territory 
 
The Government Procurement Act 2001  in the Australian Capital Territory does not specify time 
periods for tendering. The ACT Government has prepared a Procurement Circular that provides 
advice in relation to timelines in tenderin g requirements under trade agreements – PC03 
Australian Free Trade Agreements – available at http://www.procurement.act.gov.au/About/procurement_circulars . 
 
New South Wales 
 
Minimum time periods and associated rules and procedures for tenders are not set in legislation, 
however, the Procurement Board's policy as set out in the Market Approaches Guide (2015)  
complies with existing international obligations. 
 
Northern Territory 
 All covered procurement is published electronically through the Quotations and Tenders Online 
system (see " http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/pr5.aspx ").  
 
All tenders must be open for a minimum of four weeks. Where advice about a future tender has 
been published this can be reduced to a minimum of two weeks (see "http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po5.aspx "). 
 
Queensland 
 
The Procurement Transformation Division (Dep artment of Housing and Public Works) makes 
guidance available on inviting offers, which is available online at http://www.hpw.qld.gov.au/SiteCollectionDoc uments/ProcurementGuideInvitingOffers.pdf . Under 
the guide, tenderers need to be allowed sufficient ti me to be able to respond effectively, with the 
timeframe dependent on the complexity of the procurement.  
Agencies must also comply with clause 26 of the Queensland Procurement Policy , in relation to 
observing international trade agreements that im pact on procurement, and requirements that 
these agreements set for minimum time-periods. Refer also international trade agreement guidance at 
http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf . 
 
South Australia 
 The State Procurement Board's International Obligations Policy  states that a minimum period of 30 
(calendar) days is to elapse between the advertis ing of a tender and the closing date. This period 
may be reduced where specific limited conditions exist. The public authority must refer to the GPA/ACC/AUS/2 
 
- 46 - 
 
  government procurement chapter for each trade agreement to determine how to reduce the time 
period.  Tasmania 
 The current time-period requirement (in accord ance with existing binding trade agreement 
obligations) for tendering, where a trade agreement threshold is met, is that the tender must be 
open for a minimum of 30 days reducing down to 25 day where electronic advertising is utilised.  
 Victoria 
 
The Victorian Government Purchasing Board (VGPB) Market Approach  policy states that the 
organisation must develop and apply an appropriate market approach that provides sufficient time for potential suppliers to prepare a submission taking into account the complexity of the 
procurement activity and market factors. 
 Further information is available at: " http://www.procurement.vic.gov.au/Buyers/Policies-Guides-
and-Tools/Market-Approach-Policy ". 
 
Western Australia 
 
With respect to the procurement of covered goods and services under the State Supply 
Commission  (SSC) Act, required time-periods are set out in the Open and Effective Competition  
policy. Time-periods are expressed in working days. The time-periods are compliant with existing 
trade agreement obligations. 
 The Public Transport Authority, the Department of Housing with respect to the procurement of 
works (relating to housing) under the Housing Act 1980 , Main Roads and the procurement of 
works conducted pursuant to the Public Works Act 1902 , similarly comply with the SSC's Open and 
Effective Competition  policy relating to open tender periods for all covered procurement. 
 
 Briefly describe the procedures for submi ssion, receipt and opening of tenders and 
awarding of contracts, in particular th e procedures and conditions guaranteeing 
regularity of the opening and consistency with the non-discrimination provisions of the 
revised Agreement. How is the information on  the proceedings related to the receipt, 
opening and evaluation of tenders ma intained by procuring entities?  
Commonwealth 
 
Entities are required to receive, open and eval uate all tenders under procedures that guarantee 
fairness and impartiality. Tenders may only be considered, for the purpose of awarding a contract, that meet all minimum content and format requirements. 
 
The CPRs provide that:   
Receipt and opening of submissions  
10.28 Procedures to receive and open submission s must guarantee fairness and impartiality 
and must ensure that submissions are treated in confidence.  
10.29 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.  
10.30 Further consideration must be given only to submissions that meet minimum content 
and format requirements.  
Late submissions 
10.24 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.  GPA/ACC/AUS/2 
 
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  10.25 Relevant entity mishandling does not incl ude mishandling by a courier or mail service 
provider engaged by a potential supplier to deliv er a submission. 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.  
10.26 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.  
10.27 It may be necessary to open a late submission if there is no return address or any 
indication of which approach to market the su bmission relates. When a submission has been 
opened under such circumstances the potential supplier should be advised that the 
submission was rejected due to lateness an d advised of the reason it was opened.  
Awarding contracts  
10.31 Unless a relevant entity determines that it is not in the public interest to award a 
contract 8, 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.  
10.32 A relevant entity must not cancel a procurement, or terminate or modify an awarded 
contract, so as to avoid the rules of Division 2 of these CPRs. 
Records  
7.2 Officials must maintain for each procurement a level of documentation commensurate 
with the scale, scope and risk of the procurement. 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.  
7.3 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.  
7.4 Documentation must be retained in accordance with the Archives Act 1983.  
Australian Capital Territory 
 
ACT Government tender documentation includes proc edures for submission of tenders. This, along 
with information on e-tendering, is provided on the Procurement website at http://www.procurement.act.gov.au . The established practice has been that the ACT Government 
closes tenders on Tuesdays and Thursdays. Te nders are evaluated by an evaluation team 
approved by a delegate. The evaluation method ology to be applied to each procurement is 
included in the tender documentation. The delegate  approves a tender evaluation report from the 
tender evaluation team prior to award of contract. 
 GPA/ACC/AUS/2 
 
- 48 - 
 
  New South Wales 
 
Principles are contained in the Market Approaches Guide (2015) . Further guidance is also available 
on ProcurePoint website ( https://www.procurepoint.nsw.gov.au ) for agencies. 
 
Under the NSW Government Procurement Policy Framework there are no longer any specific legislative requirements for approaching and en gaging with the market. However procurement 
processes must be probity rich and transparent, suitable to the context of the procurement, and 
appropriate regard is given to applicable policy and international trade agreement requirements.  When designing agency requirements for procurement, agencies must have regard to the nature of 
the goods and services, the market for them, and applicable policy requirements. Agencies must 
ensure that the market engagement method selected will achieve value for money and is fair and transparent. 
 
Agencies are required to ensure:  
 there will be maximum competition in the market; 
 the conditions of participation in the process are clear and concise; 
 potential suppliers have time and capacity to respond to requests to the market; 
 the conditions of participation do not directly preclude potential suppliers on the basis 
that they have not had prior experience supplying to government; and 
 material submitted by potential suppliers can be managed confidentially. 
Additionally, as per the Market Approaches Guide (2015) , agencies when preparing contracts will: 
 
 describe the information likely to be required, the formats in which it can be supplied 
and the frequency with which it will be requested; 
 not ask for information unless it is:  
 required by law;  
 being used to assess the delivery of goods or services under the contract;  
 and/or being used to assess the contracted business's performance as an alternative 
to obtaining information directly from the business, or to seek the business's 
concurrence to access information held elsewhere in the NSW Government. 
Northern Territory 
 
The procedures for submission, receipt and opening of covered procurement are described in Procurement Directions P06 Receipt and Admissibility of Quotation, Tenders and Appeals  and PO9: 
Contract Award and Transparency  (" http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/pr5.aspx "). 
 
Queensland 
 Clause 26 of the Queensland Procurement Policy  includes requirements in relation to ensuring that 
agencies covered by the Policy have: 
 
 appropriate governance mechanisms in place to maintain the integrity of the 
procurement decision making process; and 
 that all stages of the procurement decision-making process from planning to award and 
contract management, are defensible and documented. GPA/ACC/AUS/2 
 
- 49 - 
 
  This involves receiving and opening tenders under a procedure that guarantees fairness and 
impartiality of the process and treating all tenders in-confidence, ensuring information is not disclosed to any particular supplier which may prejudice fair competition between suppliers. This also includes the requirements of inte rnational trade agreements that the Queensland 
Government already observes. Refer also in ternational trade agreement guidance at 
http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf . 
 
South Australia 
 
The State Procurement Board's (Board) Supplier Selection Guideline  states that the overriding goal 
of supplier selection is to obtain value in the expenditure of public money using a fair, objective 
and transparent process commensurate with the pr ocurement's value and complexity. Bids are to 
be evaluated fairly, in accordance with the approved evaluation plan, with bidders given an opportunity to receive feedback. Invitation documents are prepared in accordance with the Board's 
Standard Tender and Contracts Document Guideline  to inform potential bidders of the evaluation 
process, procurement objective and selection criteria.  
The Board's Acquisition Planning Guideline  outlines the requirements to be considered in 
developing an acquisition plan, some of which may impact on the supplier selection process including specification development, approvals, probity, life cycle costing and evaluation planning.   
The Board's Probity and Ethical Procurement Guideline  outlines requirements regarding good 
probity and governance practices to ensure the evaluation process is fair, objective, defensible and transparent. The process is to be appropriately documented and conducted in accordance with the 
requirements in the approved evaluation plan.  
 Tasmania 
 Treasurer's Instructions 1109 - Procurement Documentation and Receipt and Opening of Submissions: goods and services  and 1209 - Advertising and Receiving Tender Submissions for 
Major Works: building and construction/roads and bridges  outline the procedures entities must 
follow in the receipt and opening of submissions. Where a free trade agreement applies, further 
requirements are contained in the Free Trade Agreement Guideline . 
 
In brief, an entity must ensure that: 
 
 persons submitting bids are dealt with fairly and equitably during the tender process;  
 fair and impartial procedures are in place in relation to receiving and opening all tenders;  
 each procurement is allocated a specific closing time, date and place of lodgement which 
is clearly stated in all documents and advertisements;  
 a secure facility for receipt of submissions is provided at each designated lodgement 
location. The submission relating to any particular procurement must not be opened until 
the time set for the closing of submissions has elapsed;  
 where it provides potential suppliers with an opportunity to correct unintentional errors 
of form between the opening of submission s and any decision, it provides the same 
opportunity to all participating potential suppliers;  
 it does not penalise any potential supplier whose submission is received after the 
specified deadline if the delay is due solely to mishandling by the entity;  
 (for trade agreement impacted procuremen ts) where it extends the time limit for 
qualification or submission of an application, or where negotiations are terminated and potential suppliers are permitted to lodge new applications, the new time limit must 
apply equally to all participating potential suppliers. GPA/ACC/AUS/2 
 
- 50 - 
 
  With regard to the awarding of contracts: 
 
 submissions must be fairly and equitably evaluated in a manner that is consistent with 
the Government's procurement principles. The final decision must be able to withstand 
public scrutiny;  
 entities must ensure that all tenders are evaluated in accordance with the evaluation 
criteria and methodology outlined in the tender documentation;  
 all procurements valued at $100,000 or more must be referred to the entity's 
Procurement Review Committee, prior to any advice being provided to suppliers on the outcome of the procurement process and before  negotiations are entered into and/or the 
contract is awarded, to ensure that a fair and equitable process has been followed and 
that the principles and mandatory processes outlined in the procurement Treasurer's 
Instructions and in the Free Trade Agreements Guideline  (where applicable) have been 
adhered to; 
 all suppliers submitting a quotation or tender must be advised of the outcome of the 
procurement process and provided with details  of the successful offer including the name 
of the supplier and the price accepted; 
 where provisions of a free trade agreement a pply, on request, the entity must promptly 
provide the supplier with a written explanation of the reasons that its tender application was not selected; 
 (for trade agreement impacted procurements ) entities may not consider a submission 
unless the tender is submitted in writing and, at the time of opening, it conforms to the 
essential requirements of all notices issued during the course of the procurement or the tender documentation;  
 (for trade agreement impacted procurements) unl ess an agency determines that it is not 
in the public interest to award a contract, it must award a contract to the supplier that the agency has determined: 
 satisfies the conditions for participation; 
 is fully capable of undertaking the contract; and  
 whose submission is determined to be the lowest price, the best value or the most 
advantageous in accordance with the essential requirements and evaluation criteria 
specified in the request for tender and tender documentation.  
In relation to how the information on the proceedings related to the receipt, opening and 
evaluation of tenders is maintained by entities, entities are required to: 
 
 keep accurate records to justify the process and any decisions made; and  
 (for trade agreement impacted procurements) maintain records and reports of tendering 
procedures relating to procurements for a period of at least three years after the 
awarding of a contract.  
Victoria 
 
Management of submission of tenders is outlined in the Victorian Government Purchasing Board 
(VGPB)'s Market Approach  policy which states that mandated organisations must: 
 
 provide a secure, physical submission facility and/or the facility to receive electronic 
submissions; 
 allocate responsibility for managing either system to a business unit in the organisation;  GPA/ACC/AUS/2 
 
- 51 - 
 
   implement a process to inform suppliers of successfully receiving their submission: 
 immediately in the case of an electronic system; or  
 within five working days of submission close in the case of a physical receipt facility.  
The VGPB Market Approach  policy which can be found at: 
http://www.procurement.vic.gov.au/Buyers/Polic ies-Guides-and-Tools/Market-Approach-Policy .  
 
This policy is supported by the invitation to supply templates available at: 
http://www.procurement.vic.gov.au/Buyers/Mark et-Approach-Tem plates/Invitation-to-Supply  and 
Standard form contract terms and conditions available at: 
http://www.procurement.vic.gov.au/Buyer s/Market-Approach-T emplates/Contracts . 
 
Western Australia 
 
With respect to the procurement of covered goods and services under the State Supply 
Commission (SSC) Act, as most covered procurement is facilitated by Finance, a large number of 
tenders close at the Finance Tenders Office.  
The procedures for the Perth Tenders Office are set ou t in detail in internal guidance but, broadly, 
involve two officers witnessing the closing process and participating in the opening, receipting and filing of tenders, both hard copy and electronic . Tenders can only be opened and receipted after 
the tender closing time. Late tenders are noted as such. Where a two-envelope process is used, 
envelopes containing the tendered price are provided to the contract manager unopened. A 
"summary of offers" report is also provided to the contract manager.  
 
The terms and conditions of Request used to facilitate the acceptance of offers do not allow the 
acceptance of late tenders. The Request conditions are available here: "http://www.finance.wa.gov.au/cms/Government_P rocurement/Guidelines_ and_templates/Goods_
and_Services_Templates,_Guides_and _Conditions_of_Contract.aspx#CoC ". 
 
The Public Transport Authority (PTA) utilises TendersWA and a physical tender box located at the Public Transport Centre for lodgement of bids for all goods, services and works tenders. Bids are 
opened and registered by two officers prior to handing over to an evaluation team for assessment. 
PTA uses a two envelope system – capability criteria and pricing are separated. Following 
consensus on capability, pricing envelopes are provided to the evaluation team to make a value for 
money decision. PTA tender templates include spec ific Conditions of Responding relating to a 
potential tenderer's lodgement of bids. Late tenders are not accepted unless original tenders are deemed to be mishandled by PTA. 
 
With respect to the procurement of works (relating to housing) under the Housing Act 1980 , the 
Department of Housing utilises TendersWA as well as having its own Tenders Boxes at the Central 
and Regional offices. Documented procedur es exist for the closing and handling of 
tenders/submissions. 
 All Major Works tenders close at the Don Aitken  Centre, Waterloo Crescent East Perth. Minor 
Works and Goods and Service tenders close at the tender Box located either at the Don Aitken 
Centre, Waterloo Crescent East Perth or at one of the Main Roads Regional Offices. Tenders can also close electronically at TendersWA where feasible. Terms and conditions in Request or tender 
documents govern management and non-acceptance of late tenders. Procedures are in place to 
manage receipt, opening, assessing and award of contract.  Procedures regarding submission, receipt and open ing of tenders and awarding of contracts, and 
maintenaince of records is provided in the Free Trade Agreement – Guidelines  available from 
"http://www.finance.wa.gov.au/cm s/uploadedFiles/State_Supply_ Commission/Guidelines/Free_Tra
de_Agreement_Guidelines.pdf ". 
 GPA/ACC/AUS/2 
 
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   Please identify the provisions in your legislation setting the parameters for the 
prescription of technical specification by pr ocuring entities as part of the evaluation 
criteria.  
Commonwealth 
 
Technical specifications must not be used to create an unnecessary barrier to international trade. The Commonwealth Procurement Rules (CPRs) specify how technical specifications can be used by 
Commonwealth entities during procurement. 
 The CPRs provide:  
Specifications  
10.9 In prescribing specifications for goods and services, a relevant entity must:  
a. not use specifications or prescribe any conformity assessment procedure in order to 
create an unnecessary obstacle to trade;  
b. when possible, set out the specifications  in terms of performance and functional 
requirements; and  
c. base technical specifications on internat ional 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  or would impose greater burdens than the 
use of recognised Australian standards.  
10.10 A specification must not require or refer to a particular trademark or trade name, 
patent, copyright, design or type, specific or igin, producer, or supplier, unless there is no 
other sufficiently precise or intelligible way of describing the requirement. In an exceptional 
circumstance when this type of specification is  used, words such as 'or equivalent' must be 
included in the specification.  
10.11 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 evaluation criteria or specifications  
10.12 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 request documentation, it must transmit all 
modifications or amended or reissued documents:  
a. to all the potential suppliers that are participating at the time the information is 
amended, if known, and, in all other ca ses, 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.  
 
Australian Capital Territory 
 
The Government Procurement Act 2001  does not specify the parameters for the prescription of 
technical specifications by entities as part of the evaluation criteria. Any technical requirements peculiar to a tender will be set out in the tender documentation and available publicly. 
Procurement Circular PC03 Australian Free Trade Agreements  available at 
http://www.procurement.act.gov.au/About/procurement_circulars  summarises the key 
procurement processes, including technical specifications under international trade agreements 
about which procuring officers must be aware. 
 
New South Wales 
 
NSW Government procurement legislation does not include parameters for the prescription of 
technical specifications by procuring entities. Agencies are expected set technical specifications (as GPA/ACC/AUS/2 
 
- 53 - 
 
  part of evaluation criteria) in accordance with their applicable accreditations for procurement, and 
applicable rules and guidance from the Procur ement Board for the category of items being 
procured.   
Northern Territory 
 
Information regarding the prescription of technical specifications can be found in the Procurement 
Direction, PO4 Defining Supplies and Estimating their Values , at: 
"http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po4.aspx ". 
 
Queensland 
 
Guidance on developing specifications is available at 
"http://www.hpw.qld.gov.au/SiteCollectionDocumen ts/ProcurementGuideDev elopingSpecifications.
pdf".  
 
Agencies must also comply with clause 26 of the Queensland Procurement Policy , in relation to 
observing international trade agreements that im pact on procurement, and requirements that 
these agreements set for specifications. Refer also international trade agreement guidance at http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf . 
Guidance on the development of specifications is contained under section 7 of the "International 
trade obligations and government procurement" guide. Among other things this states:  
 when developing specifications, you are encouraged to specify requirements in 
performance or functional terms wherever possible, rather than using descriptive characteristics; 
 you should not prepare, adopt, or apply a sp ecification, or require a certain assessment 
method, which has the effect of creating discrimination or bias, or is anticompetitive. 
This Guide can be viewed online at 
http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf . 
 
In addition to this, the Guide on developing specifications (referred to above) provides, for example, information on what a specification should  contain. It states that a specification should: 
 
 state the requirement clearly, concisely and logically in functional and performance 
terms unless specific technical requirements are needed 
 for goods, state what the item will be used for contain enough information for offerors to 
decide and cost the goods or services they will offer and at what level of quality 
 permit offered goods or services to be evaluated against defined criteria by examination, 
trial, test or documentation 
 state the criteria for acceptance of goods or  services by examination, trial, test or 
documentation 
 provide equal opportunity for all potential suppliers to offer goods or services which 
satisfies the needs of the user, including go ods or services incorporating alternative 
solutions 
 form the fundamental basis of the contract between buyer and seller 
 not over-specify requirements. 
This Guide also briefly reiterates requirements in relation to the development of specifications and 
international trade obligations.  GPA/ACC/AUS/2 
 
- 54 - 
 
  South Australia 
 
The State Procurement Board's (Board) Standard Tender and Contract Documents Guideline  has a 
section covering "specifications / requirements". At a minimum, the specification and requirements 
should provide information on the quantities that are required, the technical details that will meet 
the specific needs and provide performance st andards required. There are three types of 
specifications being: functional; performance; and technical specifications. A technical specification 
may be required for certain necessary requirements such as holding an industry licence or 
accreditation. However, where possible, the specifications are to be written in terms of the functions to be fulfilled – rather than proposing the solution.  
The Board's Supplier Selection Guideline  addresses procurements that involve technical 
specifications or requirements (such as including appropriate technical experts on the evaluation team, types of evaluation methodologies, links to the acquisition plan etc). 
 
Tasmania 
 
In accordance with Treasurer's Instruction 1109  (4), where a procurement is impacted by a trade 
agreement, the specifications must comply with the requirements for technical specifications contained in relevant binding trade agreement and as set out in the Free Trade Agreements 
Guideline . 
 
In this Guideline, it states that an agency must not use technical specifications, or prescribe any conformity assessment procedure, with the purpose or the effect of creating unnecessary obstacles 
to trade with a party to a relevant free trade agreement. In prescribing technical specifications for 
goods or services being procured, an agency must, where appropriate:  
 specify the technical specifications, in terms of performance and functional requirements, 
rather than design or descriptive characteristics; and 
 base the technical specifications on internat ional standards, where such standards exist 
otherwise on national technical regulations, recognised national standards or building 
codes. 
A specification must not refer to a particular trad emark 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 procurement requirements. Where such reference is necessary, words such 
as "or equivalent" must be included in the specification.  
Victoria 
 
The Victorian Government Purchasing Board (VGPB)'s Market approach policy  and supporting 
guidelines, such as Guide to evaluation, negotiation and selection  provide entities with the 
framework for evaluation and assessment.  
 The Market approach policy states that organisations not adopt processes, technical specifications, 
conditions or a market engagement strategy that precludes relevant suppliers from participating in 
the potential supply arrangement. The relevant policy and guidelines can be found at http://www.procurement.vic.gov.au/Buyers/Polic ies-Guides-and-Tools/Market-Approach-Policy . 
 
Invitees are required to provide a statement of its compliance as outlined in the invitation to 
supply and suppliers are expected to confirm in all respects with the specification as outlined in the VGPB standard form contracts. Standard form contracts have been developed based on complexity 
and can be found at " http://www.procurement.vic.gov. au/Buyers/Market-Approach-
Templates/Contracts ". 
 GPA/ACC/AUS/2 
 
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  Western Australia 
 
With respect to the procurement of covered goods and services under the State Supply 
Commission Act 1991  (SSC) the requirements for technical specifications are set out in the Open 
and Effective Competition  policy. Specifically the policy states:  
 
A public authority must ensure that Request specifications promote open and fair 
competition. Adequate and consistent information must be provided to all potential bidders. 
Proprietary products must not be specified unle ss there are no suitable alternatives or there 
are sound technical or operational reasons for doing so. Where naming a proprietary product is necessary, the Accountable Authority must approve the naming. 
 
The Public Transport Authority, procurement of works (relating to housing) under the Housing Act 
1980, Main Roads and the procurement of works conducted pursuant to the Public Works Act 1902  
comply with the Open and Effective Competition  policy as above for all goods, services and works 
procurement.  
 Identify the measures in national legislat ion ensuring that awards are made in 
accordance with the evaluation criteria an d essential requirements specified in the 
tender documentation.  
Section 10.31 and 10.32 of the Commonwealth Procurement Rules (Awarding contracts) requires 
Commonwealth entities to only award contracts in accordance with the evaluation criteria and 
essential requirements specified in the tender documentation.  
 INFORMATION 
 Article VI of the revised Agreement fores ees the publication of laws, regulations, 
judicial decisions, administrative rulings  of general application and procedures 
regarding the government procurement. Pl ease give the names of the relevant 
publication(s) and indicate the media used fo r this purpose. Please also provide, where 
available, the address of an  Internet website where the legislation referred to in 
questions 1 and 2 can be found.  
Commonwealth 
 
Legislation is published at http://www.comlaw.gov.au . The Public Governance, Performance and 
Accountability (PGPA) Act 2013  can also be found on this website. 
 Judicial decisions from the Federal Court of Australia can be found at the internet website 
http://www.fedcourt.gov.au/publications/judgments . Judicial decisions from the High Court of 
Australia can be found at the internet website http://www.hcourt.gov.au . To date there have been 
no cases regarding procurement brought before the High Court of Australia.  
 
The internet website http://www.tenders.gov.au  contains links to the Commonwealth Procurement 
Rules (CPRs) and other information relating to government procurement policy and procedures. 
 
AusTender is also the portal which has links to sub-central procurement websites. 
 Australian Capital Territory 
 All ACT Government legislation can be found at http://www.legislation.act.gov.au .  
 
Administrative decisions from the Administrative Appeals Tribunal can be found at: 
http://www.aat.gov.au/daily-listings . Administrative decisions of the ACT Government can be 
viewed at: http://www.acat.act.gov.au/judgment .  
 
Other procurement guidance such as procedures can be found on the ACT Government 
procurement website: http://www.procurement.act.gov.au . 
 GPA/ACC/AUS/2 
 
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  New South Wales 
 
The official NSW Government website for online publication of legislation is: http://www.legislation.nsw.gov.au .  
 
Judicial decisions from the Supreme Court of New South Wales can be found at: http://www.supremecourt.justice.nsw.gov.au . All decisions of the NSW Civil and Administrative 
Tribunal can be found at: http://www.ncat.nsw.gov.au . 
 
Information about the Procurement Board is available at http://www.procurepoint.nsw.gov.au/polic y-and-reform/nsw-procurement-board . The 
Procurement Policy Framework is available is available at 
"http://www.procurepoint.nsw.gov.au/policy- and-reform/nsw-procurement-board/nsw-
government-procurement-policy-framework ". Procurement Board Directions are available at 
http://www.procurepoint.nsw.gov.au/polic y-and-reform/nsw-procurement-board . 
 
Northern Territory 
 The official Northern Territory Government website for online publication of legislation is: "http://dcm.nt.gov.au/strong_service_delivery/su pporting_government/current_northern_territory
_legislation_database ". 
 
Queensland 
 
The Financial Management and Performance Standard 2009 (Qld)  is available online at the 
following address: https://www.legislation.ql d.gov.au/LEGISLTN/CURRE NT/F/FinAccPManSt09.pdf .  
 
Judicial decisions can be found at: the Supreme Court of Queensland 
http://www.courts.qld.gov.au , and the Queensland Civil and Administrative Tribunal 
http://www.qcat.qld.gov.au . 
 
The Queensland Procurement Policy  and related guidance is available online at the following 
address: http://www.hpw.qld.gov.au/Procure ment/Buyers/Pages/default.aspx . 
 
South Australia 
 
The official SA Government website for online publication of legislation is: 
http://www.legislation.sa.gov.au/index.aspx .  
 
Judicial decisions from the Supreme Court of South Australia can be found at: http://www.courts.sa.gov.au/OurCourts /SupremeCourt/Pages/default.aspx . All decisions of the SA 
Civil and Administrative Tribunal can be found at: http://www.sacat.sa.gov.au . 
 
The State Procurement Board's (the Board) website provides information on the Board, the Board's 
policy framework, information for suppliers, information on strategic whole of government 
contracts, training and development, and news and publications (including the annual reports). The website can be found at: http://www.spb.sa.gov.au/ . 
 
Tasmania 
 Relevant legislation (i.e. the Financial Management and Audit Act 1990 ) is at 
http://www.thelaw.tas.gov.au . 
 
Judicial decisions from the Supreme Court of Tasmania can be found at: 
http://www.courts.tas.gov.au/decisions . Decisions of Tasmania's Magistrates Court (Administrative 
Appeals Division) can be found at: http://www.magistratescourt.tas.gov.au/decisions . 
 
The Tasmanian Government's Purchasing website (under the Buying for Government section) 
includes references to mandatory purchasing re quirements as well as government purchasing 
policies and procedures, links to templates, guidance materials, publications and tools. All the information is found at http://www.purchasing.tas.gov.au . The Treasurer's Instructions  are located GPA/ACC/AUS/2 
 
- 57 - 
 
  at http://www.treasury.tas.gov.au . The relevant series are 1100 (goods and services) and 1200 
(building and construction/roads and bridges). 
 Victoria 
 Legislation is published at http://www.legislation.vic.gov.au .  
 
Legislation and cases are published on various private subscription services. Publically available 
cases as well as legislation are at http://www.austlii.edu.au/au/vic . 
 
A major portal for government procurement policies in Victoria is available at: 
http://www.procurement.vic.gov.au/Home . 
 
Western Australia 
 All Western Australian legislation is published on the website of the State Law Publisher: http://www.slp.wa.gov.au/Index.html . 
 
The State Supply Commission (SSC) policies ar e published on the State Supply Commission 
website here: http://www.finance.wa.gov.au/cm s/State_Supply_Commission.aspx . 
 
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
Department of Finance's procurement policies are available here: "http://www.finance.wa.gov.au/cm s/Building_Managemen t_and_Works/Policy/Policy_and_Contrac
ting_Services.aspx ". 
 
 Article VII:1 of the revised Agreement fo resees the publication of a notice of 
intended procurement for each covered proc urement undertaken by a procuring entity. 
Please give the name of the relevant public ation(s) and indicate the media to be used 
for this purpose. Please also provide, wher e available, the address of an Internet 
website where such notices are published. 
Commonwealth 
 
Invitations to participate in Commonwealth entity procurements are listed on AusTender. 
AusTender is the central web-based facility for the publication of Australian Government 
procurement information, including business opportunities, annual procurement plans and contracts awarded. It also supports secure electronic tendering to deliver integrity and efficiency 
for relevant entities and potential suppliers. The internet website address for AusTender is 
https://www.tenders.gov.au . 
 
Suppliers can register on AusTender and be notified  when approaches to market relevant to their 
industry are published on AusTender.  
 AusTender is also the portal which has links to sub-central procurement websites. 
 
Australian Capital Territory 
 
ACT Government tenders are published on http://www.procurement.act.gov.au ; 
http://www.tenders.act.gov.au . 
 
New South Wales 
 Government tenders in NSW are published on NS W eTendering, https://tenders.nsw.gov.au (also 
accessible on ProcurePoint). It is a single entry point for all agencies and suppliers to notify, access 
and respond to government business opportunities. 
 Northern Territory 
 All covered procurement is advertised on the Nort hern Territory's Quotations and Tenders Online 
system and can be found at: http://www.dob.nt.gov.au/business/tenders-contracts/quotation-
tenders/Pages/default.aspx . It is also available on a mobile app for android and iTunes users. GPA/ACC/AUS/2 
 
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  Queensland 
 
Clause 3 of the Queensland Procurement Policy  requires all open tender opportunities to be 
published on the Department of Housing and Public Works' QTenders website. This website is 
available at https://secure.publicworks.qld.gov.au/etender/index.do . 
 
South Australia 
 The SA Tenders and Contracts website includes information on current and future tenders, and contracts (including across government contracts). A link to the website is here: https://www.tenders.sa.g ov.au/tenders/index.do . 
 
Tasmania 
 
All invitations to tender must be advertised on the Government's Tenders website at 
http://www.tenders.tas.gov.au . Notices are under the Open for Bids  tab on the website. 
 
Invitations to tender are also required to be advertised in the Saturday edition of either The 
Mercury, The Examiner, or The Advocate  newspaper. Additional newspapers may be utilised at 
entity discretion.  
Victoria 
 
Information about tenders is available on the Victorian Government Tenders website at 
http://www.tenders.vic.gov.au . 
 
Western Australia 
 In accordance with State Supply Commission (SSC) policies all advertisements for open tenders are required to be placed on TendersWA: https://www.tenders.wa.gov .au/watenders/index.do . 
 
The Public Transport Authority advertises all tenders for goods, services and works on TendersWA 
as a minimum requirement. With respect to the pr ocurement of works (relating to housing) under 
the Housing Act 1980 , and goods and services under the SSC Act, the Department of Housing uses 
the TendersWA website as a minimum, as well as on the Department's public website located at: 
http://www.housing.wa.gov .au/Pages/default.aspx . Main Roads advertises all public tenders for 
goods and services and works on the TendersWA website. 
 
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
Department of Finance's Open and Effective Competition  policy requires all advertisements for 
open tenders are required to be placed on TendersWA. 
 
 Please specify the types of information that your legislation requires to be included 
in notices of intended procurement or in tend er documentation, and identify the relevant 
provisions of your legislation. 
Commonwealth 
 
The Commonwealth Procurement Rules provide that th e following types of information are included 
in notices of intended procurement or in tender documentation:   
Notifications to the market 
7.9 Relevant entities must use AusTender to publish open tenders and, to the extent practicable, to make relevant request documentation available. Relevant entities may use AusTender to publish prequalified tender or lim ited tender approaches to market and make 
relevant request documentation available. 
Request documentation  
10.6 Request documentation must include a complete description of:  
a. the procurement, including the nature, sco pe and, when known, the quantity of the 
goods and services to be procured and any requirements to be fulfilled, including any GPA/ACC/AUS/2 
 
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  technical specifications, conformity certific ation, 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  e. any other terms or conditions relevant to the evaluation of submissions.  
AusTender approach to market contains the foll owing information for suppliers; the approach to 
market ID, agency, category, close date and time , publish date, location, approach to market 
procurement type, annual procurement plan refere nce, multi-agency access, panel arrangement, 
description, any approach to market documents, conditions for participation, timeframe for 
delivery, address for lodgement, any addenda available and contact details. 
 Australian Capital Territory 
 Section 12 Government Procurement Regulation sets minimum requirements for procurement proposals:  
 
(2) The procurement proposal must— 
(a) address the matters the entity must have  regard to under the Act, section 22A (3) 
(Procurement principle—value for money); and 
(b) include— 
 (i) the evaluation methodology to be used to decide the successful supplier; and  (ii) the evaluation criteria to be applied to the procurement; and 
 (iii) the contract management arrangements to be applied to the procurement. 
 
New South Wales 
 All agencies must comply with the Government Information (Public Access) Act 2009 , which 
requires proactive disclosure of information, including information relating to procurement. Division 5 of the Government Information (Public Access) Act 2009  specifies the types of 
information required to be published.  
 Additionally, agencies are required to publish in formation relating to planned procurements. The 
Procurement Board requires each NSW Government principal department to publish a Strategic 
Procurement Outlook Statement and Procurement Contact Information on the NSW Government's 
eTendering website.  
 
A Strategic Procurement Outlook Statement outlines the role of the agency and major or strategic 
initiatives from which the agency expects procur ements may be generated over the next three 
years. Procurement Contact Information contains telephone and email contact points for enquiries 
related to the procurement undertaken by the agency. 
 Agencies are encouraged to consider publishing significant planned procurements, including a brief 
description of anticipated procurements pl anned for the following three years. The Board's Market 
Approaches Guide (2015)  contains further guidance. 
 
Northern Territory 
 
Procurement Direction PO5 requires Requests for Tender to include:  
 Scope of Services; 
 Timeframes for submitting responses; 
 Assessment Criteria to be applied and their respective weightings; GPA/ACC/AUS/2 
 
- 60 - 
 
   The Conditions of Tendering which will apply; and 
 The Conditions of Cont ract to be applied. 
See " http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po5.aspx " for more information. 
 
Further information on the Conditions of Tender and Contract can be found at: https://tendersonline.nt.gov.au/Tender/ListCurrent . 
 
Queensland 
 Clause 8 of the Queensland Procurement Policy  (QPP) refers to the issuing of whole-of-government 
standard terms and conditions. These are available online at 
"http://www.hpw.qld.gov.au/Procurement/Buyers/ HowToBuy/GovernmentTer msConditions/Pages/
default.aspx ".  
 
Agencies must also comply with clause 26 of the QPP, in relation to observing international trade agreements that impact on procurement, and requirements that these agreements set for certain 
types of information to be contained in particular documentation. Refer also international trade 
agreement guidance at http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideI nternationalTrade.pdf . 
 
The standard Invitation to Offer template, for example, contains sections such as, but not limited 
to:  
Section 1: Information about the opportunity 
 This section includes information such as: 
 
 a summary of the supply opportunity; 
 the objectives that the procuring entity is seeking to meet from the process; 
 the closing date and time for the tender; 
 an indicative timetable for the process; 
 details on a briefing session for prospective suppliers (if one is to be held as part of the 
process); 
 evaluation details, including mandatory/highly desirable criteria; 
 details on how offers are to be submitted; 
 requirements that must be met for an offer to be considered as conforming. 
Schedule A: Response Schedule 
 This Schedule requests information for evaluation  purposes. Suppliers are requested to respond to 
all questions contained therein. 
 
The procuring entity includes as many questions as  needed to properly evaluate suppliers. This can 
include requesting: 
 
 an overview of the supplier's offer; 
 details on a supplier's relevant experience, capacity and capability, quality, etc.; 
 supplier details; GPA/ACC/AUS/2 
 
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   financial information; 
 supplier referees; 
 details on any possible conflict of interest. 
Schedule B: Innovation 
 
This section allows a supplier, at their discretion, to proactively suggest an innovative or improved solution that will benefit the procuring entity and meet their objectives. 
 
Schedule C: Invitation to Offer Conditions  This section outlines the terms and conditions which govern the procurement process. 
 
South Australia 
 
The State Procurement Board's (Board) Standard Tenders and Contract Documents Policy  and 
Guideline  outline the information to be included for tender documents. There is a section on What 
comprises standard tender and contract tender documentation  (see 
http://www.spb.sa.gov.au/content/policies-guid es/standard-tender-and-contract-documents ). 
 
Public authorities are required to detail the specific instructions to potential tender respondents on the requirements to bid, and outline the specific rules that govern the way that invitations to bid 
will be conducted. Public authorities are to include information on the public authority's 
expectation of respondents (and vice versa), th e scope, contact officer, submission format and 
lodgement, relevant dates, document structure requirements, evaluation criteria, government 
policies and supplier feedback. 
 Tasmania 
 In accordance with Treasurer's Instructions 1110 - Procurement Website Reporting Requirements: 
goods and services  and 1212 - Procurement Website Reporting: building and construction/roads 
and bridges , each individual tender advertisement must include the following as the minimum: 
 
 the name and address of the procuring agency;  
 the procurement title;  
 the identifying number;  
 the opening date;  
 the closing date and time;  
 the category; 
 a description of the procurement (and, for building and construction procurement, the 
geographic location);  
 any conditions for participation (for building and construction this is to include 
prequalification requirements such as work category, financial range and quality 
assurance if required; 
 information about how to obtain documents - contact details and/or location; 
 enquiry officer - name and details;  
 lodgement information - instructions and location; and 
 the time frame for the delivery (estimated contract period). GPA/ACC/AUS/2 
 
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  When establishing multi-use lists that are impacted by international trade obligations, entities are 
required to include in the notice inviting interested suppliers to apply for inclusion on the list:  
 a description of the goods and services, or categories thereof, for which the list may be 
used; 
 the conditions for participation to be satisfied by suppliers and the methods that the 
agency will use to verify a supplier's satisfaction of the conditions; 
 the name and address of the agency and details of the relevant contact officer; and 
 any deadlines for submission of applications for inclusion on the list.  
In relation to tender documentation requirements, entities must ensure that: 
 
 the Request documentation must contain all the information necessary to enable 
potential suppliers to prepare appropriate submissions in response (Treasurer's Instructions 1107(4) – Goods and Services procurement valued at more than $50 000 
but less than $250 000 (excluding GST)  and 1207(11) – Major Works Procurement: 
building and construction/roads and bridges ;  
 include any mandatory clauses supporting from existing Government procurement 
policies (Treasurer's Instruction 1109 – Procurement Documentation and Receipt and 
Opening of Submissions: goods and services  and use of mandatory tender 
documentation for building and construction – Treasurer's Instruction 1207 – Major 
Works Procurement: building and construction/roads and bridges ); 
 the tender documentation contains (if not already contained in the Request for Tender 
Notice on the Tenders website and in the required newspapers): 
 the nature and scope of the procurement,  and where known, the quantity of the 
goods or services (including construction) to be procured and any requirements to be 
fulfilled including technical specifications, conformity certification, plans, drawings or instructional materials;  
 any conditions for participation, including any financial guarantees, information and 
documents that suppliers are required to submit;  
 all criteria to be considered in the awarding of the contract;  
 a specific closing time, date and place of lodgement, which is to be clearly stated in 
all tender documents and advertisements; 
 where there will be a public opening of tenders, the date, time and place for the 
opening of tenders; and 
 any other terms or conditions relevant to the evaluation of tenders ( Free Trade 
Agreement Guideline ). 
Victoria 
 
The Victorian Government Purchasing Board Market Approach Policy  states that an organisation 
must provide the following minimum information:  
 name and address of the organisation; 
 headline details of the supply requirement; 
 process timelines; 
 address/site/method where documentation can be obtained; GPA/ACC/AUS/2 
 
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   address/site/method where further information will be provided (if relevant); 
 address/site/method for receiving submissions; and 
 contact details for person(s) managing the market approach. 
Western Australia 
 
Below is a list of mandatory fields required to advertise a tender on TendersWA. This is applicable for both "Goods & Services" and "Works" tenders. 
 
 Public Authority 
 Title 
 Request No 
 Description 
 Tender Box (At least one must be selected; Physical, Electronic or Both; or No Tender 
Box) 
 Release Date 
 Closing Date/Time 
 UNSPSC Category (At least one and no more than 3 by percentage of relevance) 
 Region Indicator (At least one must be selected) 
The list below shows other non-mandatory information that may be advertised within a tender on 
TendersWA for "Goods & Services" only.  
 Briefing / Site Visit 
 Delivering Community Services in Partnership (DSCP) Policy 
 Tender Estimate  
 Contact Details (registered and/or unregistered TendersWA users) 
 Specification Documents (may be attached for download or listed for collection, post or 
fax) 
 Addenda 
 Article IX:7 of the revised Agreement fore sees publication of multi-use lists of 
suppliers by procuring entiti es maintaining such lists. Please give the name of the 
relevant publication(s) and indicate the means used for this purpose. Please also 
provide, where available, the address of an Internet website where such lists are 
published.  
Commonwealth 
 
Multi-Use Lists can be accessed on AusTender where suppliers can apply for inclusion. Current multi-use lists can be accessed at https://www.tenders.gov.au .  
 GPA/ACC/AUS/2 
 
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  Australian Capital Territory 
 
The ACT Government does not generally operate multi-use lists. All ACT Government contracts with a value greater than $25,000 are available on the ACT Government Contract Register that can 
be publicly accessed at http://www.procurement.act.gov.au.  
 
New South Wales 
 All prequalification schemes and panel contracts used by NSW Government agencies are published 
on the etendering website ( https://tenders.nsw.gov.au ). Multi-use lists are generally called 
prequalification schemes in the NSW Government procurement system. 
 
Northern Territory 
 
Contractor Accreditation Ltd maintains a web-accessible list of suppliers accredited for undertaking 
Northern Territory Government construction and building service works:  http://www.accreditation.com.au/Pages /BaseSite/ContractorSearch.aspx . 
 
The Northern Territory Department of Health has used the Multi-Use List approach to prequalify a panel of suppliers against 17 categories within health consumables. Inclusion on an MUL does not guarantee automatic award of items under those categories. 
 
Queensland 
 
The main prequalification schemes which the Queensland Government maintains that allow 
suppliers to apply to prequalification/accreditation are set out below:  
 Government Information Technology Contracting (GITC) accreditation 
("https://www.business.qld.gov.au/industry/ict/supply-ict-government/accreditation-ict-
suppliers "). 
 Prequalification (PQC) System for building consultants and contractors 
("http://www.hpw.qld.gov.au/construction/Preq ualificationBuildingS uppliers/Pages/Defa
ult.aspx "). 
 Transport Infrastructure Project Delivery System (Prequalification System) for road and 
bridge construction and other nominated contract types 
("http://www.tmr.qld.gov.au/business- industry/Technical-standards-
publications/TIPDS.aspx "). 
See also the answer to Question 19 above. 
 South Australia 
 
Refer also Question 19 re the Prequalification handbook. The Office of the Industry Advocate (OIA) 
publishes a consolidated list of panel and prequalification (or multi-use) arrangements. The list is available for all suppliers via the OIA website (" http://www.dpc.sa.gov. au/office-industry-
advocate "). The document includes the title, description, contact details, whether the arrangement 
is open to new applicants and how often they may apply, date of expiry or renewal, annual spend, 
and instructions on how the panel should be used. The application process for inclusion varies 
according to the arrangement. 
 Tasmania 
 
When establishing multi-use lists that are impacted by international trade obligations, entities are 
required to include in the notice inviting interested suppliers to apply for inclusion on the list:  
 a description of the goods and services, or categories thereof, for which the list may be 
used; 
 the conditions for participation to be satisfied by suppliers and the methods that the 
agency will use to verify a supplier's satisfaction of the conditions; GPA/ACC/AUS/2 
 
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   the name and address of the agency and details of the relevant contact officer; and 
 any deadlines for submission of applications for inclusion on the list. 
There is currently no central location for the publication of such information as procuring entities 
will generally maintain their own lists in relation to permanent lists of qualified suppliers that they 
have established. 
 See " http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-
pages/B51B71FBCB6AB849CA256FE1000F8F5F " and 
"http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-
ti/4B152DC6A5BAA306CA25750D0080F3A9 "). 
 
Victoria 
 
State Purchase Contracts in the form of pre-qualif ied registers, open and closed panels and sole 
entity contracts are available at: http://www.procurement.vic.gov. au/state-purchase-contracts . 
State Purchase Contracts are standing offer agreements for Victorian Government common use 
goods and services, which are established when value for money can best be achieved through 
aggregating demand. 
 Applying for pre-qualification on the Construction Supplier Register may take place at any time: "http://www.dtf.vic.gov.au/Infrastructure-Delivery /Construction-Supplier-Register/Applying-for-
pre-qualification ". 
 
Western Australia 
 For goods and services, there are no perm anent lists of pre-qualified suppliers. 
With respect to the procurement of works (relating to housing) under the Housing Act 1980 , the 
Department of Housing has pre-qualified contractors for housing maintenance services and a list of 
these contractors is available on our public website located at: http://www.housing.wa.gov.au/co ntractors/Page s/default.aspx . Additionally, lists of pre-qualified 
suppliers are available on the TendersWA website. 
 
Main Roads Western Australia publish a list of all pre-qualified contractors for Works on the Main Roads Western Australia website http://www.mainroads.wa.gov.au . 
 
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
Department of Finance maintains a register of builders and other contractors prequalified to tender 
for contracts valued at greater than $300,000 and that primarily relate to the construction, 
alteration or addition of a building.    Article XVI:2 of the revised Agreement fo resees the publication of details of 
contract award notices by procuring entities . Please give the name of the relevant 
publication(s) and indicate the means to be used for this purpose. Please also provide, 
where available, the address of the Internet website where such notices are published.  
Commonwealth 
 
Section 7.16 of the Commonwealth Procurement Rules requires relevant Commonwealth entities to 
publish their contract award notices on AusTender. The AusTender website is: 
https://www.tenders.gov.au . 
 
Australian Capital Territory 
 All ACT Government contracts with a value greate r than $25,000 are publicly available on the ACT 
Government Contract Register that can be accessed at http://www.procurement.act.gov.au . 
 GPA/ACC/AUS/2 
 
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  New South Wales 
 
Government buyers must comply with the Government Information (Public Access) Act 2009 , 
which includes requirements about government procurement, and specifically to do with 
information arising from government tenders and contracts, including tender information 
disclosure requirements.  
Requirements are published on ProcurePoint ( https://www.procurepoint.nsw.gov.au ) and tender 
and contract information is published on NSW eTendering ( https://tenders.nsw.gov.au ). 
 
Northern Territory 
 The award of tenders for all covered procurement is advertised on the Northern Territory Government Quotations and Tenders Online system website 
(https://tendersonline.nt.gov.au/Tender/ListCurrent ) and available on a mobile app for android 
and iTunes users. 
 
Queensland 
 
Clause 27 of the Queensland Procurement Policy  requires the publishing of basic contract details 
for contracts of $10,000 and over. This informatio n may be published at one of two locations, 
either the: 
 
 Department of Housing and Public Works' QTenders website, available online at 
https://secure.publicworks.ql d.gov.au/etender/index.do ; or 
 Queensland Contracts Directory, available online at 
http://qcd.hpw.qld.gov.au/Pages/home.aspx . 
South Australia 
 
The SA Tenders and Contracts website includes a section on "contracts" which displays a list of contracts awarded by the SA Government for each agency (see 
https://www.tenders.sa.g ov.au/tenders/index.do ). 
 
Tasmania 
 Entities are required to publish contract awarde d notices (for all procurements with a value of 
$50,000 or more). These are can be accessed on the Tenders website at 
http://www.tenders.tas.gov.au  under the Contracts Awarded  tab on the website.  
 
Victoria 
 
Departments and mandated entities must publish the details of contracts valued at $100,000 or 
higher on the Contracts Publishing System (C PS) within 60 days of the award of contract. 
 
The CPS is useful to suppliers to obtain the details of:  
 
 the types of goods and services sourced by departments; 
 whether you can tender for an existing open contract; 
 the expiry date of existing contracts to find out when contracts may be re-tendered; and 
 the contact details of the relevant contract manager for further information. 
The CPS can be found at: 
https://www.tenders.vic.gov.au/tenders/c ontract/list.do?action=contract-view . 
 GPA/ACC/AUS/2 
 
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  Western Australia 
 
For contracts awarded under the State Supply Commission Act , the Open and Effective 
Competition policy requires that the award of all contracts valued at over $50,000 must be 
published on the TendersWA website: https://www.tenders.wa.gov .au/watenders/index.do . 
 
The Public Transport Authority complies with the Open and Effective Competition  policy in 
publishing all contracts valued over $50,000 fo r goods, services and works procurement unless 
they are from a Department of Finance Common Use Arrangement.  With respect to the procurement of works (relating to housing) under the Housing Act 1980 , the 
Department of Housing publishes all contract aw ard details (for contracts above $50,000) on the 
TendersWA website.  
Main Roads publishes all contract award notices for goods and services, and works greater than 
$50,000 on the TendersWA website.  
With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
Department of Finance's Open and Effective Competition  policy requires that the award of all 
contracts valued at over $50,000 must be publis hed on TendersWA once the successful tenderer 
has been notified. 
 
 Please specify the types of information th at notice of contract awards should 
contain in your country and identify the re levant provisions in your legislation.  
Commonwealth 
 
Section 7.16 of the Commonwealth Procurement Rules (CPRs) require relevant Commonwealth 
entities to 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 (CPRs, section 7.17).  
Information that must be provided for each contract includes: 
 
 The procuring entity; 
 Date the contract notice was published; 
 Contract value; 
 Description; 
 Procurement method, e.g. open or limited tender; 
 Confidentiality requirements; 
 Consultancy details; 
 Supplier details including name, address and Australian Business Number (if relevant); 
and 
 Entity details including a contact name and phone number, and the branch and division 
within the entity. 
Australian Capital Territory 
 
The Government Procurement Act 2001  sets out the provision. See extracts below: 
 Government Procurement Act 2001: 
Division 3.2  Notifiable contracts register 
28 Contents of register GPA/ACC/AUS/2 
 
- 68 - 
 
  (1) The notifiable contracts register must include the following for each notifiable 
contract: 
(a) the parties to the contract; (b) the responsible Territory entity for the contract and any change in the 
responsible Territory entity for the contract; 
(c) a brief description of what the contract is for; (d) the date the contract was made; 
(e) the date the contract ends; 
(f) the value of the total consideration, or estimated total consideration, for the 
contract. 
 
New South Wales 
 
The information required to be published includes subject to specific requirements: tender type, 
contract size, result of direct negotiation if no competitive process was used, final contract terms 
and conditions, operation or maintenance obligations over nominated time periods, involvement of any private finance, transfer of land or other assets. 
 
Further information is also available in NSW Premiers Memorandum M2007-01Public Disclosure of 
Information arising from NSW Government Tenders and Contracts . 
 
Northern Territory 
 
The Northern Territory Government requires the following information: 
 
 Tender Number; 
 Title; 
 Requesting Agency; 
 Closing Date; 
 Request Type; 
 Acceptance Date; 
 Successful Tenderer; 
 Contract Value; 
 Basis of payment; 
 Region of Works; 
 Category of Works. 
Procurement Direction PO9 specifies the details for publication: 
"http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po9.aspx ".  
 
Queensland 
 The Queensland Procurement Policy , and the associated contract disclosure guidelines, require the 
disclosure of: 
 
 basic contract details for awarded contracts of $10,000 and over; GPA/ACC/AUS/2 
 
- 69 - 
 
   additional contract details for contracts awarded of $10 million and over; 
 the disclosure of the procurement method used for contracts awarded of $500,000 and 
over. 
Basic details (for contracts of $10,000 and over) include: 
 
 the name and address of the procuring government agency; 
 a description of the goods or services procured; 
 the date of contract award or the contract date; 
 the value of the contract or standing offer arrangement; 
 the name and address of the successful tenderer. 
Additional contract details (for contracts of $10 million and over) include: 
 
 identifying details (reference information for the offer and contract); 
 the number of offers sought; 
 evaluation criteria and weightings; 
 form of contract; 
 deliverables; 
 contract milestones; 
 contract performance management. 
The guidelines on contract disclosure are available online at 
http://www.hpw.qld.gov.au/SiteCollectionDocum ents/ProcurementGuideC ontractDisclosure.pdf . 
 
South Australia 
 
Public authorities are required to publicly disclose information on contracts that are: between 
public authorities and the private sector and valued $500,000 or more, and between public 
authorities and consultants irrespective of value. Public authorities are required to publish the 
following information on the SA Government's Tend ers and Contracts website within 60 days of the 
contract being executed:  
 Contract title; 
 Full details of the contractor (name, address, phone number and contact officer); 
 Public authority name; 
 Date of the contract's execution; 
 Contract start date and completion date; 
 Goods, services or subject matter; 
 Contract value; 
 Procurement process used to select the contractor; GPA/ACC/AUS/2 
 
- 70 - 
 
   Contract ID number; 
 Summary information relating to any variations over the term of the contract; 
 Reasons for non-disclosure of part or all of contract if applicable; 
 Contact details for public authority's Freedom of Information Officer; 
 For significant contracts – the entire contract. 
Tasmania 
 
In accordance with Treasurer's Instructions 1110 – Procurement Website Reporting Requirements: 
goods and services  and 1212 – Procurement Website Reporting: building and construction/roads 
and bridges , the following details must be displayed on the Tenders website under 'Contracts 
Awarded': 
 
 the procurement title;  
 the identifying number;  
 whether the contract is a recurrent contract (for goods and services only);  
 the date the contract was awarded;  
 commencement date of the contract; 
 total period of the contract; 
 the period of any options to extend the contract; 
 each successful supplier's name and business address; 
 the total value of the contract; 
 the value of any option to extend the contract; 
 total number of bids received; 
 number of Tasmanian bids received; 
 the name and address of the procuring agency; 
 a description of the goods or services procured; 
 the procurement method used;  
 where a superintendent is appointed, the su perintendent's name and the name of the 
firm (or agency) where the superintende n t  i s  e m p l o y e d  ( f o r  b u i l d i n g  a n d  
construction/roads and bridges only); and 
 for procurements where a quotation process or limited submission sourcing process has 
been undertaken, the name and the state or te rritory of the businesses that were invited 
to submit a quotation/submission. GPA/ACC/AUS/2 
 
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  Victoria 
 
The Victorian Government Purchasing Board Policy is considered sub-ordinate legislation. Contract management and contract disclosure policy states the following: 
 
Contract Disclosure : Organisations must disclose the key details for contracts (excluding contracts 
under head agreements), with a total estimated value exceeding $100,000 (including Goods and 
Services Tax) within 60 days of the award of a contract on a contract publishing system. 
 Disclosure relates to individual procurement contracts; head agreements, such as state purchase contracts (SPC) and sole entity purchase contracts (SEPC). 
 
Key details for disclosure include:  
 Contract details: 
 contract number; 
 contract title; 
 type of contract; 
 total estimated value of contract or SPC/SEPC; 
 start date and current term of contract; and 
 category. 
 Organisation details:  
 organisation; 
 contact person; 
 contact number; and 
 email address. 
 Supplier details: 
 name of supplier; and 
 Australian Business Number or Australian Company Number. 
Organisations must disclose full contract information for contracts with an estimated value 
exceeding $10 million (including the Goods and Se rvices Tax) on a contract publishing system. 
Only trade secrets or genuinely confidential business information will be withheld from voluntary 
disclosure, along with material which if disclosed would seriously harm the public interest (concerning the latter the Government will be guided by the criteria established by Parliament in 
the Freedom of Information Act 1982 ). 
 Organisations are to develop protocols and procedures for approving exemptions from disclosure. 
 
Western Australia 
 For contracts awarded under the State Supply Commission  (SSC) Act, the Open and Effective 
Competition  policy requires that the award of all cont racts valued at over $50,000 are published 
on the TendersWA website. The Free Trade Agreement Guidelines  details the contract information 
required for covered procurements, refer 
"http://www.finance.wa.gov.au/cm s/uploadedFiles/State_Supply_ Commission/Guidelines/Free_Tra
de_Agreement_Guidelines.pdf ". GPA/ACC/AUS/2 
 
- 72 - 
 
  PTA complies with the SSC's Open and Effective Competition  policy for goods, services and works 
procurement, as above.  With respect to the procurement of works (relating to housing) under the Housing Act 1980 , the 
award of all contracts valued over $50,000 are published on the TendersWA website.  
 Main Roads complies with the SSC's Open and Effective Competition  policy for goods, services and 
works procurement, as above. 
 With respect to the procurement of works conducted pursuant to the Public Works Act 1902 , the 
Department of Finance's Open and Effective Competition  policy requires publication on TendersWA. 
 
 Please specify the relevant provisions in  your legislation and/or administrative 
procedures enabling, as foreseen in Article XVI:1 of the revised Agreement, the 
provision of information unsuccessful tender ers regarding the reason why a tender was 
not selected. 
Commonwealth 
 
Section 7.15 of the Commonwealth Procurement Rules (CPRs) states that 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 request, to 
the successful supplier(s).  
 
The Department of Finance also provides guidance  that assist procurement officials to provide 
feedback to unsuccessful tenderers: " http://www.finance.gov.au/procurement/procurement-
policy-and-guidance/buying/accountability-and-transparency/providing-feedback/practice.html ". 
 
The publication Selling to the Australian Government – A Guide for Business (July 2013)  
encourages tenderers to seek debriefing following a tender process (page 38). The publication can be accessed through a link at the internet website http://www.tenders.gov.au . 
 
Australian Capital Territory 
 
Unsuccessful tenderers are offered a debrief as part of the notification of the outcome of the 
procurement process. The debrief is only concer ned with the elements of each tenderer's own 
tender. 
 
New South Wales 
 The provision of information to unsuccessful tenderers is dealt with through the Procurement Policy 
Framework . 
 Northern Territory 
 The Northern Territory Government's current process is outlined in Procurement Direction PO10: Debriefing Unsuccessful Respondents / Tenderers " http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po10.aspx ". 
 
Queensland 
 
Recommended practice within the Queensland Government is that all unsuccessful tenderers 
should be offered a debriefing session to receive feedback in relation to their tender (refer to 
guidance available online at this address 
"http://www.hpw.qld.gov.au/SiteCollectionDocumen ts/ProcurementGuideEth icsProbityAccountabilit
y.pdf"). 
 
Agencies must also comply with clause 26 of the QPP, in relation to observing international trade 
agreements that impact on procurement, and sets requirements for debriefing unsuccessful tenderers.  GPA/ACC/AUS/2 
 
- 73 - 
 
  An unsuccessful tenderer can also make application under the provisions of the Right to 
Information Act 2009 (Qld)  for such information. 
 South Australia 
 The State Procurement Board's (Board) Supplier Complaints Policy  includes discussion on 
debriefing unsuccessful tenderers (see " http://www.spb.sa.gov .au/content/policies-
guides/supplier-complaints ").  
 
The Board's International Obligations Policy  states that if a prospective supplier is unsuccessful, 
they can request an explanation and the procur ing entity must promptly provide a written 
explanation of the reasons for the decision. 
 Tasmania 
 Treasurer's Instructions 1107 – Goods and Serv ices procurement valued at $250,000 and over 
(excluding GST)  and 1211 – Awarding Contracts: building and construction/roads and bridges 
contain the requirements for providing information to unsuccessful tenderers. 
 These are that:   
 All suppliers making a submission must be advised of the outcome of the procurement 
process and provided with details of the su ccessful offer, including the name of the 
supplier and the price accepted. 
 Unsuccessful suppliers must, on request, be debriefed. Any debrief should examine areas 
of non-compliance with a view to developing the supplier's ability to successfully quote for future requirements. 
 Where the provisions of a free trade agreem ent apply, on request, the agency must 
promptly provide the supplier with a written explanation of the reasons that its tender 
application was not selected. 
Victoria 
 
The Victorian Government Purchasing Board (VGPB) Market Approach policy  states that 
organisations must debrief unsuccessful suppliers in relation to their submission if requested and 
inform all suppliers of the status of their submissions throughout the process. 
 The Market Approach policy  can be found at: " http://www.procurement.vi c.gov.au/Buyers/Policies-
Guides-and-Tools/Market-Approach-Policy ". The VGPB's Guide to supplier feedback supports the 
Market Approach policy and provides further info rmation regarding debriefing. This Guide can be 
found at " http://www.procurement.vic.gov.au/Buyers/Po licies-Guides-a nd-Tools/Market-Approach-
Policy ". 
 
Western Australia 
 
For contracts awarded under the State Supply Commission  (SSC) Act, the Open and Effective 
Competition  policy requires that all unsuccessful tenderers are given a debrief, upon request to the 
procuring agency. 
 
The Public Transport Authority, Works procurem ents and the procurement of works conducted 
pursuant to the Public Works Act 1902  comply with the SSC's Open and Effective Competition  
policy for goods, services and works procurement as above. 
 
For contracts awarded under the Housing Act 1980 , all unsuccessful tenderers are afforded an 
opportunity to receive feedback in relation to their unsuccessful bid upon request to the 
Department of Housing. 
 GPA/ACC/AUS/2 
 
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   Please specify the procedures that your government will have in place to ensure, 
as foreseen in Article XVII:1 of the revised Agreement, the prompt provision to any other Party, on request, of any information necessary to determine whether a procurement was conducted fa irly, impartially and in a ccordance with the revised 
Agreement, including information on the char acteristics and relative advantages of the 
successful tender. 
When Australia is approached by another Party, the Commonwealth Government will seek to co-
ordinate the provision of information requested. 
  BID CHALLENGE PROCEDURES 
 Please provide information on exis ting domestic review procedures. 
Commonwealth 
 
The Australian Government receives limited procurement complaints in comparison to the number 
and value of procurement undertaken. In raising a compliant, suppliers can use administrative and 
judicial procedures to challenge a procuring entities application of the CPRs.  
Australian Government procuring entity complaint resolution 
 In the first instance, suppliers are encouraged to take complaints directly to the procuring entity. In accordance with the CPRs at section 6.8: If a complaint about a procurement is received, 
relevant entities must apply equitable and non discriminatory complaint-handling procedures. 
Relevant entities should aim to manage the complaint process internally, when possible, through communication and conciliation.  
 
If a supplier lodges a complaint, the entity must not prejudice the supplier's opportunity for any future procurements/contracts or prevent the supplier's right of redress through the courts.  
 
There is no time-limit to launch a complaint with the procuring entity but the complaint should be raised with the procuring entity as soon as the supplier becomes aware of the issue. This enables 
the procuring entity to become aware of the compla int, respond quickly and if within the tendering 
time period issue addendum or undertake corrective action, if necessary. There is no legislation 
that prevents or requires the procuring entity to suspend the procurement to preserve commercial 
opportunities. 
 
There is no fee payable by suppliers to use this challenge procedure.  
Australian Government Procurement Coordinator (Procurement Coordinator) 
 If the complaint is not resolved it can be rais ed with the Procurement Coordinator. (Complaints 
may be directed to the Procurement Coordinator in the first instance but it would be likely that the 
Procurement Coordinator would refer the matter to the procuring entity.) Guidance on making a 
complaint to the Procurement Coordinator can be found at: "http://www.finance.gov.au/procurement/procu rement-coordinator/complaints-handling-
charter.html ". 
 
For complaints where the tender process is still in progress, the Procurement Coordinator 
determines that the issues raised are sufficiently material and relevant to warrant the matter being 
referred to the relevant entity; and where there is  sufficient time to adequately deal with the 
complaint before the tender closes.  
For complaints where the tender process has closed and there are relevant issues identified, these 
will be used to help improve procurement policies and processes. This may include assisting in the development of new policy guidance and/or th e training and professional development of 
procurement officers. 
 GPA/ACC/AUS/2 
 
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  In either situation, the complaint is submitted using an online complaint form. Details to be 
included are:  
 name, business name, address and telephone contact details; 
 details of the tender the complaint relates to; 
 a factual and concise outline of the complaint; 
 copies of any documents relating to the complaint; and 
 a copy of the procuring entity response to the complaint. 
Once the online complaint form is lodged a receipt will be provided. Within three (3) working days 
an acknowledgement is received from the Procurement Advice and Complaints Handling Unit which includes a reference number and the proposed re v i e w  a c t i o n .  I f  a n  e x t e n d e d  t i m e  p e r i o d  i s  
required to address the issues raised, it will be provided in writing. Once a final decision is made, a 
final decision will be sent to the supplier and it will include details of the assessments undertaken and conclusions reached. The case will then be closed. 
 
If the supplier is not satisfied with the Procurement Coordinator's final decision, other courses of action are available which include approaching the Commonwealth Ombudsman or the Federal 
Court of Australia (Federal Court). 
 There is no fee payable by suppliers to use this challenge procedure.  
Commonwealth Ombudsman 
 The Commonwealth Ombudsman can investigate complaints about the actions and decisions of 
Commonwealth government entities. The Commonwealth Ombudsman was established by the 
Ombudsman Act 1976 . The Commonwealth Ombudsman's services are free and most complaints 
are able to be dealt with quickly. A recommendation may be made that the agency should 
reconsider or change its action or decision; that a law, rule or procedure should be changed; 
and/or the agency should take any other action that is appropriate given the circumstances. This may include paying compensation for financial loss.   
The Commonwealth Ombudsman is not able to override the decisions of agencies, or compel them 
to comply with the recommendations. If they do not comply, and the Ombudsman view is that it is in the public interest to do so, a formal report ca n be made to the relevant minister, Prime Minister 
or the Parliament.  
 The Commonwealth Ombudsman and Deputy Ombudsman are statutory appointments, and staff 
of the Ombudsman's office are engaged under the Public Service Act 1999 . Given the statutory 
independence of the Ombudsman, they are not subj ect to any direction in relation to complaint 
handling, investigations, compliance auditing and related activities.  
Suppliers can request that the final decision of the Commonwealth Ombudsman be reviewed. The 
request is required to be made in writing (forms are available online http://www.ombudsman.gov.au/pages/making-a- complaint/frequently -asked-questions/ ) within 
three (3) months of the decision being made. A review can only be done once. 
 The review is conducted by a senior officer who was not involved in the original investigation and 
the officer may: uphold the decision of the original investigation officer, change the decision of the 
original investigation officer, or send the matter back to the original investigation officer or another officer for further investigation.  
The timeframe to complete a review is within 30 days and the supplier is sent a letter advising of 
the outcome of the review.   
There is no fee payable by suppliers to use this challenge procedure. 
 GPA/ACC/AUS/2 
 
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  The Federal Court 
 The Federal Court can hear complaints from suppliers about the procurement process. Judicial officers act independently and without interference from the parliament or the executive. The 
objectives of the court are to decide disputes according to law in a manner that is prompt, 
courteous and effective.  
There are various options and remedies available for a supplier to pursue through a court. The 
nature of the claim will depend on the circumst ances of the procurement and might be any of the 
following:  
 Private law avenues allow a challenge in the context of procurement including contract, 
consumer protection law, negligence and estoppel; 
 Public law options are available including administrative decisions made under an 
enactment; 
 Common law avenues where the supplier would challenge the decision of a procuring 
officer of the Commonwealth on the basis of a failure to conduct a procurement process 
in accordance with the CPRs; 
 Other common law options include a supplier challenging steps in a procurement process 
on the basis of a failure to observe procedural fairness or improper motive.  
Remedies available from the above options include: contractual remedies, relief appropriate to 
avoid the detriment that would otherwise be suffe red, requiring the procuring entity to comply 
with the procurement requirements if the process had not yet been completed and or the contract 
being set aside (if tender process is completed). 
 
There are no specific time limitations to raise a bid challenge.  
Although court procedures can be lengthy, the Fe deral Court addresses this issue by providing a 
fast-track option which streamlines court procedures and reduces the cost of litigation. Further information on the fast-track option can be found on the Federal Courts website (http://www.fedcourt.gov.au/case-management-se rvices/case-allocation/fast-track-system ).  
 
There are fees and charges payable by suppliers to  use this challenge procedure. Court fees and 
charges are on the Federal Courts website: " http://www.fedcourt.gov.au/forms-and-fees/court-
fees/fees ".  
 
Australian Capital Territory 
 The ACT Government is currently reconsidering its domestic review procedures.  New South Wales 
 The Public Works and Procurement Act  assigns responsibility to the Procurement Board to 
investigate and deal with all procurement complaints involving government agencies. While the 
Procurement Board retains ultimate responsibility under the devolved procurement framework in 
NSW agencies have been delegated responsibility  to resolve complaints about their procurement 
activities at the initial stage. 
 
Procurement complaints (including for tenders) should initially be directed to the agency responsible. Agencies are to have in place processes for the prompt handling of complaints under their responsibilities under the devolved Government Procurement Framework. The NSW 
Government Procurement Policy Framework  (accessible on ProcurePoint) contains specific 
requirements for agencies to put complaints handling procedures in place. Further information is also available on ProcurePoint 
("http://www.procurepoint.nsw.gov.au/sites/defaul t/files/documents/guid elines_compliment_or_c
omplaints.pdf "). 
 GPA/ACC/AUS/2 
 
- 77 - 
 
  Unresolved matters, when all administrative proc esses have been exhausted, can be referred to 
the Procurement Board (Chairperson, NSW Procurement Board, McKell Building, 2- 24 Rawson Place Sydney NSW 2000). However, if the Board considers the agency has dealt with a complaint in an appropriate manner, it will decline to investigate separately. 
 
Procurement decisions are within the jurisdiction of administrative review undertaken by the NSW 
Civil and Administrative Tribunal (NCAT). Complaints can therefore also be referred to NCAT 
(http://www.ncat.nsw.gov.au/ ). 
 
Action through the law courts is also available.  
Northern Territory 
 
The Northern Territory Government's current complaint process is outlined in Procurement 
Direction PO11: " http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/po11.aspx ". 
 
In the first instance, complaints will be handled in accordance with the Complaints Management  
guidelines contained in Procurement Direction PO11 (above).  Complaints will initially be handled at the agency level responsible for the procurement and/or 
depending on the nature of the grieva nce by the Procurement Review Board. 
 Complaints may be escalated to the independen t Procurement Liaison Officer (PLO) within the 
Department of Business. 
 For more difficult complaints, the PLO may request an investigation by a third party independent 
facilitator and/or an audit investigation by an independent party or direct the matter to the 
Ombudsman.  Action is also available through the judicial sy stem and the Northern Territory Supreme Court. 
 
Queensland 
 
Clause 26 of the Queensland Procurement Policy  states that government agencies will, among 
other things, " Ensure [that] a complaints management system for procurement is in place ". 
 
In addition, general information on the procurement complaints process is available online at 
"http://www.hpw.qld.gov.au/Procurement/Supplie rs/HowToSupplyToGovernment/ProcurementCo
mplaints/Pages/default.aspx ". In summary, this information provides four suggested steps: 
 
 Seek feedback from the procuring agency. 
 Raise your concerns with the procuring agency (lodgement of a complaint). 
 Bring your complaint to the attention of the department's Procurement Transformation 
Division – the government's lead body for procurement policies and processes (it is, 
however, important to note that the Division can and cannot do certain things in relation to any complaint). 
 Consider other options as may be applicable: 
 Seek external independent review via the Queensland Ombudsman 
(http://www.ombudsman.qld.gov.au/ ). 
 Raise concerns about corrupt conduct with the Crime and Corruption 
Commission ( http://www.ccc.qld.gov.au/ ). 
 Consider taking legal action (it is strongly recommended that independent legal 
advice be sought before  this step is taken). GPA/ACC/AUS/2 
 
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  The Procurement Transformation Division also makes guidance available on complaints 
management, which is available online at http://www.hpw.qld.gov.au/SiteCollectionD ocuments/Procurement GuideComplaints.pdf . 
 
South Australia 
 
State Procurement Board's Supplier Complaints Policy  provides direction and guidance to public 
authorities to establish an effective complaint management process and resolution system for 
handling complaints made by suppliers.  The Principal Officer for each public authority must ensure effective systems; practices and 
processes are in place to manage supplier complaints within their public authority in accordance 
with the policy. The policy outlines the complaint handling process which requires, in the first instance, suppliers to refer complaints to the public authority for investigation. 
 
Suppliers may forward complaints to the State Procurement Board if the complaint is not resolved with the public authority. The public authority must document the process for handling supplier 
complaints, including appropriate escalation procedures and ensure this information is publicly 
available to suppliers. Public authorities must ensure all formal complaints (in writing) are investigated by an appropriate, independent officer who is not directly involved in the subject matter of the complaint. 
 
Depending on the nature of the complaint, other complaint resolution processes are available via the: 
 
 Ombudsman South Australia (an independent authority that investigates complaints 
about SA government and local government agencies – refer to 
http://www.ombudsman.sa.gov.au ; 
 Magistrates court which handles civil claims and consumer and business claims – refer to 
http://www.courts.sa.gov.au ; and 
 The Office of Public Integrity which receives and assesses all complaints and reports 
about potential matters of corruption, misconduct and maladministration in public 
administration – refer to http://www.icac.sa.gov.au . 
Tasmania 
 
A formal Complaints Process is required to be established by entities under Treasurer's 
Instructions 1117 – Procurement Complaints: goods and services  and 1219 – Procurement 
Complaints: building and construction/roads and bridges . The procurement complaints process is 
based on resolving complaints at an agency level with escalating venues for redress where the complainant is unhappy with the agency's response.  
If a complainant is not satisfied with the response by an agency, they can write to the Secretary of 
Treasury for an independent review. Treasury will take whatever action it considers necessary to resolve the complaint. If a complainant is still not satisfied with the response to the complaint, 
other avenues of redress include the Ombudsman and the Minister responsible for the tendering 
agency.   
Action through the judicial system, where an appropriate course of action arises, is also available. 
 Victoria 
 
A formal Complaints Process is required to be established by entities that fall under the scope of 
the Victorian Government Purchasing Board (VGPB) (see link for list of departments and entities - http://www.procurement.vic.gov.au/A bout-the-VGPB/Sc ope-of-Policies/ .  
 
The procurement complaints process is based on resolving complaints at an entity level with the possibility of escalating to the VGPB for redress where the complainant is unhappy with the entity's 
response. This process is defined in the VGPBs Governance Policy (this policy can be found at 
http://www.procurement.vic.gov.au/Buyers/Po licies-Guides-and-Tool s/Governance-Policy/ ). GPA/ACC/AUS/2 
 
- 79 - 
 
  If a complainant is still not satisfied with the response to the complaint, other avenues of redress 
include the Office of the Ombudsman, the Office of the Small Business Commissioner or the Victorian Civil and Administrative Tribunal (VCAT). 
Action through the judicial system, where an appropriate course of action arises, is also available. 
 
Western Australia 
 
With respect to procurements conducted pursuant to the State Supply Commission Act 1991 , 
complainants are directed to the originating agen cy in the first instance. Where an agency does 
not respond to the complainant's satisfaction, the complainant is directed to the State Supply Commission (SSC). The SSC can review processes but cannot overturn an awarded contract. 
 
Complainants may approach the Ombudsman to investigate a complaint. For the online system (and further information) see: 
"http://www.finance.wa.gov.au/cms/State_Suppl y_Commission/Contact_ State_Supply_Commissio
n.aspx ". 
 
Main Roads Western Australia has a formal Procurement Grievance Process that is outlined in all 
tender documents and is also published on the Main Roads Western Australia website at http://www.mainroads.wa.gov.au . This process requires Main Roads Western Australia to resolve 
the complaint, however, complainants may escalate their complaint to the Main Roads Western 
Australia Tender Committee, the State Supply Commission and the Ombudsman if they are 
unhappy with the response from Main Roads Western Australia.  
The Public Transport Authority (PTA) has a formal Supplier Grievance procedure which sets out the 
requirement for the agency to deal with any co mplaints or grievances during a procurement 
process. Contractors are advised to provide feedback or complaints through the PTA website 
(http://www.pta.wa.gov.au/AboutUs/Tenders/ TendersFeedback/tabid /295/Default.aspx ). 
 
With respect to the procurement of works conducted pursuant to the Housing Act 1980, the Department of Housing (Housing) is currently developing a comprehensive Complaints 
Management Framework based on Australian Standard AS ISO 10002-2006. At present, written 
complaints may be lodged at a regional level (through Regional Offices), via Housing's website or directly through the Tenders Office located at the Department of Housing Main Office. In the event 
a complaint is not satisfactorily addressed, the complainant can escalate the issue to the Office of 
the Director General, Minister or Ombudsman.  
With respect to the procurement of works conduc ted by the Department of Finance's Building 
Management and Works (BMW) pursuant to the Public Works Act 1902 , where a respondent is not 
satisfied with the information provided at a tender debriefing, reviews of contract award can be requested, or complaints lodged, through either formally writing to the Department of Finance or 
the Minister for Works, or by using the Department's online complaints system – a link to the 
system, and an associated email, is provided on the Department's website.  
In all cases, recourse may be had to the courts. 
  Are there specific provisions enabling a ccess of foreign suppliers to domestic 
review procedures? 
Yes, foreign suppliers to Commonwealth and State and Territory Governments are able to access 
the challenge procedures outlined above.  
 To the extent that this information does not fully respond to the following points, 
please provide the supplementary information necessary to do so: 
(i) The time-limit to launch a complain t contained in the revised Agreement is 
"not less than 10 days" from the time  when the basis of the complaint is 
known or reasonably should have been  known. What are the limits in your 
domestic legislation? 
 GPA/ACC/AUS/2 
 
- 80 - 
 
  (ii) What body is responsible for the domestic review procedures? Is this a 
"court" or an "impartial and indepe ndent review body"? If the latter: 
 
- How are its members selected? 
- Are its decisions subjec t to judicial review? 
- If not, how will the requirements of  paragraph 6 of Article XVII of the 
revised Agreement be taken into account? 
 
(iii) What is the applicable law by re ference to which the review body will 
examine complaints? 
 
(iv) Which rapid interim measures are prov ided to correct breaches of the revised 
Agreement and to preserve commercial opportunities? 
 
- Do these measures include the po ssibility to suspend the procurement 
process? On what conditions? 
 
(v) How do domestic review procedures pr ovide for correction of breaches of the 
revised Agreement? What types of compensation for loss or damages 
suffered can the review body order? 
 
(vi) Give any available information on the time-periods for the stages of the 
domestic review process, including to  obtain interim measures and a final 
decision. 
 
(vii) What are the usual costs to conduct a domestic review procedure? Are there 
possibilities foreseen to do so free of charge? 
 
See responses to questions 34 and 35.   OTHER MATTERS 
 To what extent is information technology being used in the process of government 
procurement? Are notices of intended procurement and/or notices of contract awards 
published electronically? Please provide the address of such electronic publications. 
See responses to questions 27 and 30. 
  Is there a contact point in your country fo r responding to enquiries from suppliers, 
other governments and the wider public rela ting to laws, regulations and procedures 
and practices regarding government procuremen t at a central and/or sub-central level? 
Please provide the address.  
The contact point in the Commonwealth Government for responding to the enquiries set out above 
is: 
 Department of Finance 
 
Assistant Secretary Procurement Policy Branch 
John Gorton Building 
King Edward Terrace PARKES ACT 2600 AUSTRALIA 
T: +61 2 6215 2970 
F: +61 2 6267 7414 E: gptrade@finance.gov.au 
 GPA/ACC/AUS/2 
 
- 81 - 
 
  Australian Capital Territory 
 
Contact details for procurement staff are at http://www.procurement.act.gov.au  or via the 
following means: 
 
E: SharedServicesProcurement@act.gov.au T: +61 2 6207 5542 
F: +61 2 6205 3909 
 Postal Address:  Procurement and Capital Works 
PO Box 818  
DICKSON ACT 2602  
Physical Address:  
Levels 2 & 3, Annex Macarthur House 
12 Wattle Street  
LYNEHAM, ACT 2602 
New South Wales 
 
Queries related to the procurement activities of pa rticular government agencies should be directed 
to the agencies in the first instance. Contact details for each agency are published on the e-
tendering website (see also response to question 27 above). 
 
Queries about other procurement and whole-of-gov ernment procurement matters can be directed 
in the first instance to the: 
 
NSW Procurement Client Support Centre (a t the Office of Finance and Services) 
T: 1800 679 289 E: nswbuy@finance.nsw.gov.au 
 
Northern Territory 
 
Procurement Policy Unit 
Department of Business GPO Box 3200 
DARWIN  NT  0801 
E: ProcurementPolicy@nt.gov.au W: " http://www.dob.nt.gov.au/business/tenders-
contracts/legislative_framework/directions/Pages/default.aspx ". 
 
Queensland 
 
The Procurement Transformation Division, located within the Department of Housing and Public 
Works, is the Queensland Government's lead body for government procurement. Details related to the Division are: 
 
Procurement Transformation Division Department of Housing and Public Works Mailing address: GPO Box 123, Brisbane, Queensland, 4001 
Physical address: Level 3B, 80 George Street, Brisbane, Queensland, 4000 
E: betterprocurement@hpw.qld.gov.au 
 
South Australia 
 
Procurement Policy and Governance (PPG), loca ted within the Department of Treasury and 
Finance, provides the State Procurement Board (Board) with executive support, policy 
development and advisory services, including advice on agency procurement submissions to be considered by the Board. PPG also provides ca pability development services to agencies and 
administers, on behalf of the Board, an agency compliance review program. GPA/ACC/AUS/2 
 
- 82 - 
 
  General Enquiries: 
State Procurement Board  Procurement Policy and Governance  Department of Treasury and Finance 
Level 6 State Administration Centre 
200 Victoria Square Adelaide SA 5000 
E: spb@sa.gov.au 
T: +61 8 8226 5001 
 Building Management within the Department for Planning, Transport and Infrastructure (DPTI) 
provides advisory and management services re garding the procurement of civil and social 
infrastructure (capital works).   
Enquiries: 
GPO Box 967, Adelaide, SA 5001 T: +61 8 8226 5200 
E: DPTI.BuildingManagement@sa.gov.au 
 Tasmania 
 
The general contact point in for queries relating to procurement policies and guidelines applicable 
to entities that are required to comply with the Treasurer's Instructions  is the Department of 
Treasury and Finance, with contract via email to purchasing@treasury.tas.gov.au. 
 
Procuring entities are responsible for their own purchasing, so enquiries relating to a particular tender are required to be directed to the contact person responsible for that particular purchase 
within the relevant entity. 
 A general list of purchasing contacts is located at http://www.purchasing.tas.gov.au > Winning 
Government Business > Finding Business > Who Buys What > Agency Contacts.  
 
Victoria 
 
The Victorian Government Purchasing Board (VGPB) is the governing body responsible for 
developing, implementing and reviewing policies and practices in relation to procurement of goods 
and services by the Victorian Government. 
 
The VGPB does not procure goods and services on behalf of the government nor does it market to government on behalf of suppliers.  
VGPB enquiries should be confined to the application of its policies for the procurement and supply 
of goods and services by government.  
Victorian Government Purchasing Board (VGPB) Secretariat 
Level 6, 1 Macarthur Street MELBOURNE VIC 3000 
T: +61 3 9651 1699 
E: vgpb@dtf.vic.gov.au 
 Western Australia 
 
For procurements pursuant to the State Supply Commission Act 1991 :  
c/o Policy and Practice Improvement 
Locked Bag 11 
Cloisters Square Perth, WA 6850 
T: +61 8 6551 1500 
 Any questions can be directed to the State Supply Commission on (08) 6551 1500 or email enquiries@ssc.wa.gov.au. 
 GPA/ACC/AUS/2 
 
- 83 - 
 
  The Public Transport Authority has a central email address at: 
procurementenquiries@pta.wa.gov.au for any queries related to procurement. The Manager Procurement is also listed on the State Supply Commission Government Purchasing Officer List:  
Manager Procurement 
Address: PO Box 8125, Perth Business Centre WA 6849  T: +61 8 9326 2969 
F: +61 8 9326 2192 
With respect to the procurement of works (relating to housing) under the Housing Act 1980: 
 
c/o Procurement and Contract Management 
Head Office 
99 Plain Street East Perth 6004 
T: (08) 9222 4666 
Freecall: 1800 093 325 (not available for overseas callers) TTY: +61 8 9476 2446 
F: +61 8 9221 1388 
E: generalenquiries@housing.wa.gov.au 
 The Main Roads Western Australia website includes an enquiries email address – 
enquiries@mainroads.wa.gov.au – which is available to the wider public wishing to contact or 
communicate with Main Roads Western Australia.  
With respect to the procurement of works conducted pursuant to the Public Works Act 1902: 
 
Locked Bag 44 
CLOISTERS SQUARE WA 6850 
T: +61 8 6551 1600 
 All email enquiries can be directed to: bm wcomplaintsandfeedback @finance.wa.gov.au. 
  
  GPA/ACC/AUS/2  
 
- 84 - ATTACHMENT A 
QUEENSLAND 
Mega Category Calendar 2013 Calendar 2014 
Building construction and maintenance $3,088,346,000  $3,209,852,000  
General goods and services $2,910,528,000  $3,334,343,000  
Information and communication technology $864,729,000  $1,034,248,000  
Medical $2,030,494,000  $1,949,178,000  
Road construction and maintenance $5,939,258,000  $5,141,790,000  
Grand total $14,833,355,000  $14,669,411,000  
 
Notes 
 
Data provided is for the period January 2013 to December 2014, and has been sourced from a variety of sources - no guarantee is  made in relation to its accuracy or 
completeness.  Expenditure for each mega cateogry is rounded to the nearest $1000.  Expenditure figures based on internal analysis prior to agency consultation and verification. 
 Expenditure figures exclude Queensland Govern ment to Queensland Government expenditure. 
 
All dollar values are exclusive of GST.  This data does not contain: 
 
 QFleet data for the period September 2014 to December 2014 
 Queensland schools 
 Expenditure by statutory authorities, commis sions, government owned corporations, special purpose vehicles, or administered ent ities, etc. 
Expenditure attributed to social services or that cannot be allocated to a mega category  
  GPA/ACC/AUS/2  
 
- 85 - ATTACHMENT B 
SOUTH AUSTRALIA 
Public Authority  2012-13  2013-14  
Goods  Services  Total  % of 
Total  Goods  Services  $ % of 
Total  
Department of Education 
and Child Development (DECD) $ 162,961,204 $ 422,004,220 $ 584,965,424 
 14.7% $ 164,003,210  $ 366,226,111 $ 530,229,321  13.1% 
Department of 
Communities and Social 
Inclusion (DCSI) $ 20,613,558 $ 149,297,719 $ 169,911,277  4.3% $ 22,965,978  $ 182,834,661  $ 205,800,639  5.1% 
Department of Further 
Education, Employment, Science and Technology (DFEEST) $ 18,352,456 $ 148,747,653 $ 167,100,109 
 4.2% $ 3,369,309  $ 22,633,953  $ 26,003,262  0.6% 
Department of 
Environment, Water and 
Natural Resources 
(DEWNR) $ 17,151,802 $ 148,090,381 $ 165,242,183  4.2% $ 12,108,733  $ 138,557,714  $ 150,666,447  3.7% 
Department of Premier 
and Cabinet (DPC) $ 13,186,574 $ 55,515,531 $ 68,702,105  1.7% $ 12,637,884  $ 83,576,093  $ 96,213,977  2.4% 
Department for 
Manufacturing, 
Innovation, Trade, 
Resources and Energy 
(DMITRE) $ 13,586,037 $ 25,956,972 $ 39,543,009  1.0% $ 13,385,340  $ 28,281,376  $ 41,666,716  1.0% 
Department of Planning, 
Transport and Infrastructure (DPTI) $ 104,461,000 $ 624,165,000 $ 728,626,000 
 18.3% $ 96,116,016  $ 598,301,202  $ 694,417,218  17.1% 
Department of Treasury 
and Finance (DTF) $ 18,752,933 $ 40,836,312 $ 59,589,245  1.5% $ 19,425,829  $ 24,550,811  $ 43,976,640  1.1% 
SA Health $ 612,215,105 $ 835,696,968  $ 1,447,912,073  36.4% $ 656,748,303  $ 944,468,096  $ 1,601,216,399  39.5% 
Attorney-General's 
Department (AGD) $ 24,481,535 $ 45,776,670  $ 70,258,205  1.8% $ 21,284,457  $ 45,684,588  $ 66,969,046  1.7% 
Courts Administration 
Authority (CAA) $ 4,228,279 $ 25,701,815  $ 29,930,094  0.8% $ 4,110,642  $ 21,112,759  $ 25,223,401  0.6%  
  GPA/ACC/AUS/2  
 
- 86 - Public Authority  2012-13  2013-14  
Goods  Services  Total  % of 
Total  Goods  Services  $ % of 
Total  
Department for 
Correctional Services 
(DCS) $ 15,916,703 $ 41,391,352  $ 57,308,055  1.4% $ 47,601,976  $ 16,226,520  $ 63,828,496  1.6% 
SA Fire and Emergency 
Services Commission (SAFECOM) $ 18,829,363 $ 1,223,719 
 $ 20,053,082  0.5% $ 34,095,827  $ 58,737,010  $ 92,832,837  2.3% 
SA Police $ 22,690,779 $ 105,673,328  $ 128,364,107  3.2% $ 21,790,279  $ 102,826,294  $ 124,616,573  3.1% 
Primary Industries and 
Regions SA (PIRSA) $ 13,484,664 $ 31,487,084  $ 44,971,748  1.1% $ 10,775,414  $ 29,238,128  $ 40,013,542  1.0% 
SA Motor Sport Board 
(SAMSB) $ 774,189 $ 27,550,152  $ 28,324,341  0.7% $ 510,757  $ 29,897,561  $ 30,408,318  0.8% 
SA Tourism Commission $ 1,974,687 $ 28,800,132  $ 30,774,819  0.8% $ 2,469,980  $ 36,671,669  $ 39,141,649  1.0% 
Base Level $ 23,957,957 $ 107,082,549  $ 131,040,505  3.3% $ 24,500,052  $ 154,147,691  $ 178,647,743  4.4% 
TOTAL $ 1,107,618,825 $ 2,864,997,557  $ 3,972,616,382  100.0%  $ 1,167,899,985  $ 2,883,972,238  $ 4,051,872,223  100%  GPA/ACC/AUS/2 
 
- 87 - 
 
  ATTACHMENT C 
TASMANIA 
 Goods and Services Procurement Data 
Number of goods and services procurements for 2012-13 valued at $500 909 (excluding GST) and above 
55 procurements 
Total value of goods and services procurements for 2012-13 valued at $500 909 (excluding GST) and above 
$255 899 107 
Number of goods and services procurements for 2013-14 valued at $500 909 (excluding GST) and above 
36 procurements 
Total value of goods and services procurements for 2013-14 valued at $500 909 (excluding GST) and above 
$71 124 570 
 
 Building & Construction Procurement Data (including Roads and Bridges) 
Number of construction procurements (including R&B) for 2012-13 valued at $7.063 million (excluding GST) 
and above 
8 procurements 
Total value of construction procurements (including R&B) for 2012-13 valued at $7.063 million (excluding 
GST) and above 
$280 016 535 
Number of construction procurements (including R&B) for 2013-14 valued at $7.063 million (excluding GST) 
and above 
7 procurements 
Total value of construction procurements (including R&B) for 2013-14 valued at $7.063 million (excluding 
GST) and above 
$497 265 230 
 
 
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