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6 - Other rules you need to know

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Other rules you need to know

Rule 55 - All-of-Government Contracts (AoGs)

Rule 56 - Syndicated Contracts

Rule 57 - Common Capability Contracts

Rule 58 - Web standards

Rule 59 - Approved Government Model Templates

Rule 60 - Geospatial information and services

Rule 61 - Intellectual Property

Rule 62 - Public Private Partnerships (PPPs)

Rule 63 - Businesses cases and investments decisions

Rule 64 - Investment reviews

Rule 65 - Timber and wood products

Rule 66 - Employee transfer costs

Rule 55

All-of-Government Contracts

  1. An All-of-Government Contract (AoG) is a type of approved collaborative contract. AoGs establish supply agreements with approved suppliers for selected common goods or services purchased across government. AoGs are developed under the oversight of the Procurement Functional Leader and managed by appointed procurement Centres of Expertise.
  2. All agencies must purchase from the AoGs, unless there is a good reason not to.
  3. Agencies who want to opt-out of purchasing from an AoG, must get approval from the Procurement Functional Leader. If an agency and the Procurement Functional Leader fail to agree to an opt-out, the State Services Commissioner will decide the matter.
  4. Before approaching the market, an agency should check if there is an existing AoG which meets its needs.

Rule 56

Syndicated Contracts

  1. A Syndicated Contract is a type of approved collaborative contract. Syndicated Contracts typically involve a group of agencies aggregating their respective needs and collectively going to market for goods, services or works. There are two types of Syndicated Contract:
    a.  An Open Syndicated Contract (OSC) includes a common use provision allowing other, unspecified agencies to contract with the supplier on the same terms at a later stage.
    b.  A Closed Syndicated Contract is limited to a group of named agencies.
  2. Agencies wishing to establish an OSC must first obtain approval from the Procurement Functional Leader.
  3. Before approaching the market, an agency should check if there is an existing OSC that meets its needs in the Collaborative Contracts Register.

Rule 57

Common Capability Contracts

  1. A Common Capability Contract (CC) is a type of approved collaborative contract. CCs establish various supply agreements with approved suppliers for selected common goods or services or works purchased across government. CCs may be established by a Functional Leader’s agency or by another lead agency that is approved and overseen by a Functional Leader, with prior approval from the Procurement Functional Leader.
  2. CCs may cover mandatory and / or voluntary common capabilities:
    a.  Mandatory common capabilities: Some agencies may be directed to purchase certain goods, services or works from a CC. These are called mandatory common capabilities. The direction may be made by Cabinet, a Functional Leader, or under section 107 of the Crown Entities Act 2004. An agency that wants to opt-out of purchasing mandatory common capabilities must get approval from the relevant Functional Leader. Information about mandatory common capabilities is available on the Common capability contracts page and www.ict.govt.nz
    b.  Voluntary common capabilities: when a common capability is voluntary, an agency should purchase from the CC when it reasonably meets the agency’s needs.
  3. Before approaching the market, an agency should check if there is an existing CC contract that meets its needs. CCs are listed in the Collaborative Contracts Register.

How mandatory common capabilities apply across the Public Sector

 

Property

ICT

Other Procurement

Mandatory

  • Public Service departments
  • New Zealand Police
  • New Zealand Defence
  • New Zealand Security Intelligence Service
  • Parliamentary Counsel Office 
  • Crown Agents (except New Zealand Blood Service and District Health Boards)
  • Public Service departments
  • New Zealand Police
  • New Zealand Defence
  • New Zealand Security Intelligence Service
  • Parliamentary Counsel Office 
  • District Health Boards (effective 1/7/2015)
  • Earthquake Commission
  • Housing New Zealand Corporation
  • New Zealand Qualifications Authority
  • Tertiary Education Commission
  • New Zealand Transport Authority
  • Accident Compensation Corporation
  • New Zealand Trade and Enterprise.
  • Public Service departments
  • New Zealand Police
  • New Zealand Defence
  • Crown Agents
  • Autonomous Crown Entities
  • Independent Crown Entities 
  • Crown Entity Companies
  • Public Finance Act Schedule 4A companies

Voluntary

  • Other State Services agencies
  • Wider State Sector and Public Sector agencies
  • Other State Services agencies
  • Wider State Sector and Public Sector agencies
  • Other State Services agencies
  • Wider State Sector and Public Sector agencies

Rule 58

Web standards

  1. If a Public Service department, New Zealand Police or New Zealand Defence Force outsources web development work, it must include, in its Notice of Procurement, a pre-condition for the work to comply with the mandatory requirements in the latest version of the New Zealand Government web standards.
  2. Other agencies should include this pre-condition in their Notices of Procurement for web development work.

For further information on web standards visit: webtoolkit.govt.nz

 

Rule 59

Approved Government Model Templates

  1. The Procurement Functional Leader issues Approved Government Model Templates (A-GMTs) from time to time. Agencies must operationalise these templates in their procurement activities, regardless of whether or not the Rules apply to the procurement.

Rule 60

Geospatial information and services

  1. If an agency intends to procure geospatial information or services, it must consult with the New Zealand Geospatial Office (NZGO) before approaching the market or publishing a Notice of Procurement.

Rule 61

Intellectual Property

  1. If an agency’s procurement of goods, services or works involves the supplier creating new Intellectual Property, the agency should set out, in its Notice of Procurement, its intentions regarding ownership, licensing, and future commercialisation of that Intellectual Property.
  2. Cabinet has endorsed specific guidelines for agencies on the ownership and commercialisation of new Intellectual Property in certain types of procurement. Agencies should take these guidelines into account. The guidelines are:
    a.  for procurement of goods, services or works in the context of Information and Communication Technologies (ICT): Guidelines for Treatment of Intellectual Property Rights in ICT Contracts, released by the State Services Commission, maintained by the Department of Internal Affairs.
    b.  for procurement of goods, services or works in the context of Public Service research contracts: Cabinet guidelines for intellectual property from Public Service research contracts [40KB PDF], released by the (former) Ministry of Research, Science and Technology.

Rule 62

Public Private Partnerships

  1. Agencies considering Public Private Partnership (PPP) procurement must:
    a.  consult with the Treasury PPP Team early in the development of the project’s business case;
    b.  follow relevant Treasury guidance and instructions;
    c.  involve the Treasury PPP Team in the economic and financial assessment and advice to Ministers;
    d.  invite the Treasury PPP Team to participate in relevant project steering and working groups, and in the selection panels for all key PPP advisor appointments;
    e.  use the Treasury’s Standard Form PPP Project Agreement as the basis for any contract and consult with the Treasury PPP Team over any proposed modifications.
    These are available at www.treasury.govt.nz/ppp 

Rule 63

Business cases and investments decisions

  1. Cabinet approval is required for certain types of expenditure, lease or asset disposal proposals from departments, Crown Agents and other Crown Entities. If an agency wants to undertake a project which meets certain criteria, it must consult with the Treasury and the project proposal will be assessed and reviewed against the Treasury’s published business case standard.
  2. The criteria for determining which investment decisions require Cabinet approval are available at:
    www.treasury.govt.nz/publications/guidance/mgmt/majorprojects
     

Rule 64

Investment reviews

  1. Depending on the size, scale and type of investment, corporate centre reviews may be required for significant projects and programmes that involve procurement. The criteria for determining when these reviews are required are on Major Projects page of the Treasury website.
  2. If the review criteria are met, an agency must complete a risk profile assessment for the project or programme, and submit it to the Treasury, which will determine whether corporate centre reviews are required.

Rule 65

Timber and wood products

  1. Agencies must apply the New Zealand timber and wood products procurement policy [48KB PDF] when procuring timber and wood products.

Rule 66

Employee transfer costs

  1. In certain situations, an agency must disclose the costs relating to the transfer of employees due to restructuring. The circumstances are contained in the Employment Relations Act 2000 (the Act), Part 6A and Schedule 1A. Disclosure of costs must be made available to prospective suppliers (new employers) on request when:
    a.  the restructuring is the subject of a tender, and
    b.  the type of employees affected falls within a category listed in the Act. 

Last updated 25 September 2015