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Third Edition Changes

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Additional information has been included in the why have the rules page to assist agencies with interpreting and applying the Rules.

  • Rule 6 Who the Rules apply to - The list of mandated agencies has been updated to reflect the Whole of Government Direction on Procurement Functional Leadership and New Zealand’s commitments to the World Trade Organization Agreement on Government Procurement.
  • Rule 13 Opt-out procurements - This rule allows agencies to opt out of applying the Rules in certain situations, such as making conditional grants or providing public health, education and welfare services. Changes clarify that some rules still apply when an agency is doing an opt-out procurement. These include protecting suppliers’ confidential information, debriefing unsuccessful suppliers, and following mandatory policies and processes where applicable, for example, the Treasury’s investment review processes and participation on collaborative contracts.
  • Rule 13.3.a Opt-out for procurement between government agencies - Agencies that are mandated to apply or have regard to the Rules by the Whole of Government Direction on Functional Leadership have been added to the list of agencies that can opt out of the Rules when sourcing goods and services from each other.
  • Rule 16 Strategic Procurement Outlooks - Agencies will no longer be required to submit a Strategic Procurement Outlook (SPO) to MBIE. Feedback from suppliers was that the most of the SPO information was not useful so removing the requirement will reduce unnecessary red tape for agencies. Annual Procurement Plans will now include a brief summary of each agency’s main procurement needs.
  • Rule 18 Extended Procurement Forecasts - The forecast cycle for EPFs has been changed from five years to four years so that it aligns with government’s four-year planning cycle.
  • Rule 35 Content of Notice of Procurement - Revised supplementary information about this rule makes it clear that notices of procurement must include any weightings an agency intends to apply to the evaluation criteria. This information helps suppliers to prepare more focused responses to agencies’ tenders.
  • Rule 45 Contract Award Notices - Changes clarify that agencies will not need to publish contract award notices when they are opting out of open advertising under Rule 13 or doing secondary procurement eg under an All of Government Contract or established panel of suppliers.
  • Rule 57 Common Capability Contracts - Changes clarify that only Functional Leaders or agencies approved and overseen by a Functional Leader, can establish this type of collaborative contract.
  • Rule 58 Web standards - Changes reflect the relevant Cabinet direction, which requires the Public Service departments and four non-Public Service departments to make New Zealand Government web standards a pre-condition when outsourcing web development. Other agencies are encouraged to do so.
  • Rule 62 Public Private Partnerships, Rule 63 Business cases and investment decisions and Rule 64 Investment Reviews - These rules have been renamed and / or reworded so that they are a high level introduction that will not need to be changed if the related processes change in the future.

Other changes appearing in the third edition of the Rules are minor updates, corrections or additional guidance on applying specific rules.

Last updated 29 April 2015