| Status |
Optional (see notes section below) |
|---|---|
| Source |
Commonwealth Procurement Rules (Paragraph 5.4) |
| Additional information |
The following clauses should be included in approach to market terms and tender response forms (where the CCS is not being used) where the tenderer must be an Australian business (as defined in the Commonwealth Procurement Rules (CPRs)) in order to participate.
For procurements with an expected value at or above $10,000 and below the relevant procurement threshold, paragraph 5.4 of the CPRs provides that non-corporate Commonwealth entities must invite only Australian businesses to make submissions. Where relevant, the requirements under the Indigenous Procurement Policy must first be satisfied, before an Australian business is approached. If there are no submissions, or no submissions represent value for money, the procuring entity may undertake a procurement using a relevant procurement method.
Entities must apply the guidance at www.finance.gov.au/australian-business when applying the definition of Australian business in the CPRs.
Conditions for participation
The Customer will exclude a response from further consideration if the Potential Supplier does not meet the following condition for participation:
- The Potential Supplier is an ‘Australian business’ for the purpose of paragraph 5.4 of the Commonwealth Procurement Rules.
Tender response form
X.1. Australian businesses
Is your organisation:
- a business, including any parent business, that:
- has 50% or more Australian ownership, or is principally traded on an Australian equities market; and
- is an Australian resident for tax purposes; and
- a business that has its principal place of business in Australia?
Further guidance is available at: www.finance.gov.au/australian-business
Yes No – proceed to section X.2.You acknowledge that the giving of false or misleading information to the Commonwealth is a serious offence under section 137.1 of the schedule to the Criminal Code Act 1995 (Cth). The Customer may request information from you to confirm your organisation meets the definition of Australian business.
X.2. New Zealand businesses
Is your organisation a New Zealand Business, as defined in New Zealand’s Government Procurement Rules, available at www.procurement.govt.nz?
Yes No
You acknowledge that the giving of false or misleading information to the Commonwealth is a serious offence under section 137.1 of the schedule to the Criminal Code Act 1995 (Cth). The Customer may request information from you to confirm your organisation meets the definition of New Zealand business.
Before deciding whether this clause is appropriate for your Approach to Market, procurement officials should carefully consider the context of their procurement and the Consideration of Australian businesses for procuring entities guidance on the Department of Finance website.
Clause wording may need to be changed to align with related clauses in the Approach to Market or otherwise the clause wording should be used without change.
Procurement officials should consider requiring tenderers to provide a tenderer declaration that all the information contained in their tender is true and correct in every respect. An example declaration form that may be used if you intend to seek a declaration on behalf of the tenderer that the tenderer meets the definition of ‘Australian business’ or ‘New Zealand business’ is available on the Selling to Government website.
Capitalised terms (unless otherwise defined) are based on the definitions in the CCS Glossary. Terms that are capitalised may need to be changed to align with the terminology of the relevant Request For Tender or other Approach to Market.
