Consultation on proposed Government Procurement Rules 4th Edition

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Submissions due: 05 March 2019, 5pm

We are consulting with government agencies, suppliers and interested public to get their feedback before we present suggested amendments to Government. This will be the 4th edition of the Rules, since their inception in 2013.

Summary

Government procurement can and should be used to support wider social, economic and environmental outcomes that go beyond the immediate purchase of goods and services.

The New Zealand Government spends approximately $41 billion each year buying goods and services from third-party suppliers and providers.

The Government Rules of Sourcing (the Rules) support good practice for procurement planning, approaching the supplier community and contracting.

Government departments, NZ Police, NZ Defence force and most Crown entities must follow the Rules if procurement is worth more than $100,000 (or $10 million for new construction works).  All other government agencies are encouraged to follow the Rules.

In 2018 Cabinet agreed that government contracts could be more explicitly leveraged to support the Government’s economic strategy and broader outcomes, and that the Government Rules of Sourcing should be updated to enable this.

More information on Broader outcomes is available on the New Zealand Government Procurement website.(external link)

About the consultation

We are consulting with government agencies, suppliers and interested public to get their feedback before we present suggested amendments to Government. This will be the 4th edition of the Rules, since their inception in 2013.

The Government Procurement Rules 4th edition will replace the 3rd edition of the Government Rules of Sourcing.

The principle changes that we would like feedback on are:

  • the new Broader Outcomes Rules (Rules 16-20)
  • changes to construction procurement (Rules 18, 65 and 70)
  • new Rules around procurement capability (Rules 71 and 72), reporting (Rule 53) and planning (Rule 15)
  • the removal of outdated Rules (Extended Procurement Forecasts and Registered Suppliers Lists) and amending requirements relating to Significant Procurement Plans
  • amending the construction threshold to $9 million and reviewing the thresholds annually
  • changes to expectations around subcontracting and the conduct of suppliers (Rule 25 and Rule 44)
  • the Draft Government Procurement Charter 

The new Rules on Broader Outcomes refer to forthcoming guidance, which is intended to be released before the new rules come into effect, and will be consulted on as it is being developed. Guidance that is under development is marked by square brackets.

A draft Government Procurement Charter, which sets out Governments’ expectations for how agencies should conduct their procurement activity, is included in the Government Procurement Rules 4th edition.

The Charter and its companion piece, the Supplier Code of Conduct, reflect the aim to achieve broader social, economic and environmental outcomes through the annual $41b procurement on behalf of Government.

We are also seeking feedback on the Supplier Code of Conduct. This consultation closes on 19 February 2019.

Go to the consultation on proposed Supplier Code of Conduct

Once all feedback on the Rules is received, we will present suggested changes for Cabinet approval in May 2019.

How to make a submission

You can make a submission:

  • by submitting your information through this online form , which seeks specific feedback on the new Rules or
  • by email to procurement@mbie.govt.nz with the subject line ‘Feedback on draft Government Procurement Rules 4th edition’
  • by sending your submission as a Microsoft Word document to procurement@mbie.govt.nz

As outlined above, we are particularly interested in your views on the newly added Rules, however all feedback will be considered.

Please direct any questions that you have in relation to the submissions process to procurement@mbie.govt.nz.

The consultation period closes at 5pm on Tuesday, 5 March 2019.