Commonwealth Procurement Rules

An amended version of the Commonwealth Procurement Rules (CPRs) will commence on 1 January 2019.

CPRs January 2018 [PDF document757 KB] CPRs January 2019 [PDF document1.08 MB]
Commonwealth Procurement Rules document Commonwealth Procurement Rules document

The CPRs are the basic rule set for all Commonwealth procurements and govern the way in which entities undertake their own processes.

The CPRs have been updated to incorporate new requirements arising from international trade obligations. A table detailing all amendments, including relevant guidance has been prepared to assist entities in understanding the changes in moving to the updated rules from 1 January 2019, and is available below.

Entities should note that the changes to the CPRs are not retrospective. The new version of the CPRs will apply to any new procurement undertaken from 1 January 2019.

Guidance from the 1 January 2018 update to the CPRs is available here:

Guidance on the rules introduced in the previous 1 March 2017 CPRs has been moved to the “Buying for Government – Procurement Practice” page.

Official versions of the CPRs are available from the Federal Register of Legislation External link.

Table of changes – commencing 1 January 2019

CPR change

General comment

Foreword

Updated the text to include reference to AusTender and achieving value for money.

Procurement framework (2.4)

Added reference to mandated Commonwealth Contracting Suite which simplifies and streamlines processes.

International Obligations (2.14)

Removed ‘bilateral’ from reference to Free Trade Agreements for accuracy.

Compliance with the CPRs (3.7)

Added the Regional Investment Corporation as they are covered by Australia’s existing international obligations and must apply the CPRs.

Achieving value for money (4.5)

Added text that notes ‘price is not the sole factor when considering value for money’. Additionally, included ‘use of recycled products’ as an example of environmental sustainability at 4.5(e).

Whole of life costs (4.6)

Included reference to ‘operating costs’ in relation to consideration of whole of life costs.

Third Party Procurement
(new 4.16)

No change to text just split previous paragraph 4.15 into two for clarity.

Non-discrimination (new 5.4)

No change to text just split previous paragraph 5.3 into two for clarity.

Ethical behaviour (6.8)

New text has been added requiring relevant entities to also apply timely complaint-handling procedures, including providing acknowledgement soon after the complaint has been received.

Records (new 7.3)

No change to text just split previous paragraph 7.2 into two for clarity.

Notifications to the market (new 7.11)

No change to text just split previous paragraph 7.9 into two for clarity.

Providing Information (7.16)

Changed ‘documentation’ to ‘request documentation’ as defined in Appendix B.

Procurement Method
(9.1) and (9.9)

Removed prequalified tender as a procurement method and reference to the Legal Services Multi-Use List no longer in use.

Limited Tender (9.11)

Included new paragraph that notes a justification for conducting a limited tender valued at or above the relevant threshold must be reported on AusTender (already implemented as at 1 July 2018). This was previously only required to be kept internally.

Procurement from standing offers (9.12)

Specified that procurements from standing offers are not subject to Division 2 rules, but must still comply with Division 1 rules.

Conditions for limited tender (10.3)

Amended 10.3(a) to include ‘open’ approach to market now that prequalified tender has been removed.

Conditions for limited tender (10.4)

Relevant entities are required to meet the rules in paragraphs 10.9 - 10.13 when conducting a limited tender above the relevant threshold. This now includes the rules in relation to specifications.

Specifications (10.9 - 10.10)

Restructured and amended paragraphs 10.9 and 10.10 to reflect the provisions on international standards in the TPP-11 and WTO GPA.

Conditions for Participation (10.19)

Amended 10.19(b) from ‘occupational’ to ‘workplace’ health and safety for consistency with legislation.

Minimum time limits (10.24)

Changed the minimum tender timeframe for commercial goods and services from 10 days to 13 days if submissions are not accepted electronically.

Contract Management/Standard Verification (10.39)

In relation to applying a standard and related enquires about compliance, the reference to ‘Australian, or in its absence, international’ has been removed, as ‘standard’ is already defined in Appendix B.

Appendix A: Exemption 1 and 10

Exemption 1: updated to clarify it includes ‘leasing’.
Exemption 10: removed motor vehicle exemption.

Appendix B: Definitions

Included a definition for ‘Commonwealth entity’ and remove prequalified tender and references to the Legal Services Multi-Use-List no longer in use.

Current Commonwealth Procurement Rules - 1 January 2018 Contents

Introduction

Division 1 - Rules for all Procurements

Division 2 - Additional rules for procurements at or above the relevant procurement threshold

Appendices

 


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Last updated: 22 November 2018