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Key themes from Rules consultation

Consultation on the proposed Government Procurement Rules 4th edition, intended to replace the Government Rules of Sourcing 3rd edition, closed on the 5th of March 2019. We thank everyone who submitted responses during this period.

The key themes and suggestions that came up through consultation were:

There was widespread support for the new direction and the inclusion of broader outcomes in the procurement process.

Some submissions called for additional broader outcomes and for the designated contracts to be expanded and cover more types of government contracts.

  • While this support is encouraging, in order to embed the current outcomes we will maintain the current list of outcomes and contracts. However, there have been smaller changes made to encourage agencies to consider these outcomes even when they are not mandatory.

There was uncertainty about how to apply the new broader outcomes in practice.

  • A number of the submissions asked for guidance on incorporating these new outcomes to be developed. The Ministry of Business, Innovation and Employment is preparing guidance to assist with this and will use the specific feedback given during the consultation to inform our thinking.
  • In particular some submissions queried how Rule 17 (Increasing access to New Zealand businesses) works with Rule 3 (Non-discrimination and offsets). This will be expanded on in guidance.
  • All feedback we received on implementation of the broader outcomes Rules will also be considered as this guidance is developed.

There was some uncertainty on how the broader outcomes and priority outcomes fit together.

  • This will be explained more clearly in the Rules and also expanded on in the upcoming guidance.

While there was an understanding of the importance of reporting there was some concern about the new burden this might place on agencies.

  • The Ministry of Business, Innovation and Employment will take these considerations into account during the design of the monitoring and reporting framework.

Some submissions requested that the list of designated contracts be made clearer and easily accessible.

  • The Rules will now link to these more clearly.

Feedback was given that the various pieces of guidance should be more clearly linked within the Rules so they are easier to find.

  • We will replace the generic links that were in the consultation documents with hyperlinks to the specific documents.

Some submissions asked for more of the terms within the Rules to be defined and these have been added to the definitions section.

We intend to present the Government Procurement Rules to Cabinet in May and if these are approved we will proactively publish them shortly afterwards. At which time we will also advise on the timing of implementation of the new Rules as well as support for agencies to implement the new changes. Keep an eye on our website for any further updates.