Document ID: chunk:federal_register_of_legislation:F2024L00627:body:0:p4
Version: federal_register_of_legislation:F2024L00627
Segment Type: other
Provision Reference: 
Character Range: 8933–12239

of a person to an advisory board);
      i.         the engagement of employees, such as under the Public Service Act 1999, the Parliamentary Services Act 1999, a relevant entity's enabling legislation or the common law concept of employment; or
      j.         arrangements between non-corporate Commonwealth entities where no other suppliers were approached.
    2.10         Following the awarding of the contract, the delivery of and payment for the goods and services and, where relevant, the ongoing management of the contract and consideration of disposal of goods, are important elements in achieving the objectives of the procurement.

Resource Management Framework
    2.11         Relevant entities and officials operate in an environment of legislation and Commonwealth policy. Within that broad context, the Resource Management Framework consists of the legislation and policy governing the management of the Commonwealth's resources. Figure 1 sets out the main elements of this environment related to procurement.

Figure 1: Legislation and policy
    2.12         The procurement framework is a subset of the Resource Management Framework related to the procurement of goods and services.
    2.13         Section 16 of the PGPA Act outlines an Accountable Authority's duty to establish appropriate internal control systems for their relevant entity. The CPRs provide the necessary framework for Accountable Authorities when issuing Accountable Authority Instructions and operational requirements in relation to procurement. In the area of procurement, an Accountable Authority should provide a mechanism to:
       1. apply the principles and requirements of the resource management and procurement frameworks, focusing on the relevant entity's operations; and
       2. provide primary operational instructions to relevant entity officials in carrying out their duties related to procurement, in a way that is tailored to a relevant entity's particular circumstances and needs.
    2.14         Non-compliance with the requirements of the Resource Management Framework, including in relation to procurement, may attract a range of criminal, civil or administrative remedies including under the Public Service Act 1999 and the
    Crimes Act 1914.

International obligations
    2.15         Australia is party to a range of free trade arrangements. These arrangements are implemented domestically by legislation and/or Commonwealth policy. Relevant international obligations have been incorporated in these CPRs. Therefore, an official undertaking a procurement is not required to refer directly to international agreements.

    3.            How to use the Commonwealth Procurement Rules
    3.1             The CPRs set out the rules that officials must comply with when they procure goods and services. The CPRs also indicate good practice. The CPRs have been designed to provide officials with flexibility in developing and implementing procurement processes that reflect their relevant entity's needs.
    3.2             Except where required by law, it is the government's policy position that ministers will not:[4]
       1. be involved in the conduct of procurement processes; or
       2. direct officials about the conduct of procurement processes.
    3.3             Where