Document ID: chunk:federal_register_of_legislation:F2024L00627:body:0:p12
Version: federal_register_of_legislation:F2024L00627
Segment Type: other
Provision Reference: 
Character Range: 33308–36614

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).

Reporting arrangements
    7.18         Relevant entities must report contracts on AusTender within 42 days of entering into a contract when it is valued at or above the reporting threshold.[12] The reporting thresholds (including GST) are:
       1. $10,000 for non-corporate Commonwealth entity contracts
       2. for prescribed corporate Commonwealth entity contracts
          1. $400,000 for procurements other than procurement of construction services or
          2. $7.5 million for procurement of construction services.
    7.19         Relevant entities must report amendments on AusTender within 42 days where:
       1. a previously unreported contract is amended to be valued at or above, the relevant reporting threshold; or
       2. an amendment increases or decreases the reported contract value by $10,000 or more; or
        3. accumulated unreported amendments will vary the reported contract value by $10,000 or more.
    7.20         All standing offers must be reported on AusTender within 42 days of the relevant entity entering into or amending such arrangements. Relevant details in the standing offer notice, such as supplier details and the names of other relevant entities participating in the arrangement, must be reported and kept current.

Subcontractors
    7.21         Relevant entities must make available on request, the names of any subcontractor(s) engaged by a contractor in respect of a contract.
       1. Relevant entities must require contractors to agree to the public disclosure of the names of any subcontractors engaged to perform services in relation to a contract.
       2. Contractors must be required to inform relevant subcontractors that the subcontractor's participation in fulfilling a contract may be publicly disclosed.

Treatment of confidential information
    7.22         When conducting a procurement and awarding a contract, relevant entities should take appropriate steps to protect the Commonwealth's confidential information. This includes observing legal obligations, such as those under the Privacy Act 1988, and statutory secrecy provisions.
    7.23         Submissions must be treated as confidential before and after the award of a contract. Once a contract has been awarded, the terms of the contract, including parts of the contract drawn from the supplier's submission, are not confidential unless the relevant entity has determined and identified in the contract that specific information is to be kept confidential in accordance with the 'confidentiality test' set out in the guidance on Confidentiality Throughout the Procurement Cycle at https://www.finance.gov.au/procurement.
    7.24         The need to maintain the confidentiality of information should always be balanced against the public accountability and transparency requirements of the Australian Government. It is therefore important for officials to plan for, and facilitate, appropriate disclosure of procurement information. In particular, officials should:
       1. include provisions in request documentation and contracts that alert potential suppliers