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Using the construction consultancy services contract

This page provides step-by-step instructions for agencies on how to use the All-of-Government (AoG) construction consultancy services (CCS) contract. You will also find additional resources on this page.

Using this contract

  • 1
    Determine your requirements

    Start by determining your requirements, what you have the capability to do in-house and what you need to source from the CCS panel. This helps you form a clear picture of what outcome you would like to achieve.

  • 2
    Assess the CCS panel of providers

    Review the CCS providers listed in the AoG construction consultancy services providers spreadsheet to assess their suitability for your engagement. Providers are listed by service discipline (eg architecture and design, building services, and mechanical, hydraulic, and electrical engineering, etc). Your agency’s procurement team may be able to assist you in assessing the panel.

    Agencies are able to procure CCS providers outside of Marketplace in accordance with paragraph 3 of Schedule 1 of the Agency Participation Marketplace Terms.

    Contract resources

  • 3
    Select a provider

    A participating agency can choose to select a provider from the panel directly or undertake a secondary selection process.

    In making this decision consider the budget, timeframes and specific nature of the brief, any existing or past relationships, as well as any internal financial delegations, policies and processes your agency may have.

    New Zealand Government Procurement has already completed some limited due diligence to appoint providers to the panel, so there is no need to test the entire panel each time you have a requirement. You do not need to openly advertise your requirements on GETS.

    As a rough guide, we suggest:

    • If your scope of work is valued:
      • less than $100,000 NZD, or the complexity and risk related to the work is low, see 3a (direct selection).
      • between $100,001 NZD and $200,000 NZD, or the complexity and risk related to the work is medium, go to 3b (secondary procurement) inviting a minimum of 3 providers.
      • greater than $200,001 NZD, or the complexity and risk related to the work is high, go to 3b (secondary procurement) inviting all providers that match your requirements (e.g. the service and region required).
  • 3a
    Direct selection

    You can directly select a provider using the information available in the AoG construction consultancy services providers spreadsheet and/or your own market knowledge and experience.

    For direct appointments you can then email the provider directly to check their availability and to ask questions.

    Contract resources

  • 3b
    Secondary selection

    This is a process where you go out to a number of providers from the panel.

    A secondary selection process is recommended where:

    • further follow-on business may result;
    • you have not tested the market recently;
    • internal policy on procurement financial thresholds require more than one quote/proposal;
    • there is ambiguity as to how the service will be delivered. A secondary procurement process may be useful in this case (typically large projects);
    • the engagement is high-value and/or risk; and/or
    • there are many providers that could undertake the engagement.

    If you are conducting a limited secondary procurement process (where you are only going to 3-5 providers), you can email each provider independently to check their availability and to ask questions.

    If you are unsure on how to structure your email/request, you can use the ‘AoG CCS – opportunity’ template to help ensure that you are including the right kind of information a provider needs to be able to respond. You should be targeting the information you include depending on the complexity and risk of your project, as well as allowing the provider more time to respond if you want them to answer more questions/provide a detailed response.

    If you are requesting a quote, rate or rate card, we suggest that you ask the provider to confirm “that the quoted charges are not based on fees or rates that are higher than the maximum fees or rates that it submitted on Marketplace or provided to New Zealand Government Procurement". In the interim you can contact us directly to request the rates for a specific provider if it has been provided to us.

    Contract resources

    Tips for running a secondary selection process

  • 4
    Prepare a draft agency purchase agreement

    Once you have made your selection, prepare a draft agency purchase agreement (APA) for the engagement to be entered into by your agency and the provider of your choice. If you select multiple providers, a separate APA will need to be completed with each provider. The default form of APA is the Crown version of the Conditions of Contract for Consultancy Services (CCCS), however you and your selected provider are permitted to use a different form of contract if you wish.

    All other documentation (such as briefs, cost estimates, and variations) generated as part of the delivery of services can be referenced or attached to the APA as appendices for purposes of audit, invoicing, and reporting.

    Contract resources

  • 5
    Brief providers

    Brief your provider(s) about the project. A written brief ensures that both the agency and the provider are clear about objectives and expected outcomes.

    A combination of a written brief followed by a verbal brief is ideal for larger projects. The brief should inform the APA.

  • 6
    Due diligence

    It is important to carry out due diligence as part of your selection process.

    MBIE has completed limited due diligence to appoint the providers to the panel, and recommends that agencies conduct project specific due diligence when selecting a provider. This may include:

    • assessing a provider’s financial strength relative to its involvement in your project, or investigating the relative value of your project against other work it may and will have underway;
    • requesting case studies and references;
    • requesting evidence of certificates or licenses relevant to your project;
    • interviewing providers; and
    • carrying out Ministry of Justice and Police checks.

    Guidance on due diligence for construction related projects can be found in contract resources.

    Contract resources

    Once you have completed your due diligence and selected your preferred provider(s) you can notify them.

  • 7
    Finalise the APA

    Populate the APA to reflect the brief and to include any provider-specific details. Please check your internal delegations to ensure the person with the correct delegated authority signs the APA. Once the APA has been entered into by both parties, the provider can commence work. The APA should be kept on file as per your internal policy.

  • 8
    Debrief unsuccessful providers

    After the APA has been agreed and approved, you should ensure that you let the unsuccessful provider(s) know that another provider has been selected. Where appropriate you should also offer a debrief, as a courtesy. A debrief does not need to be an overly onerous task; for a small engagement, a debrief could be a simple phone call to give the provider an overview of the strengths and weaknesses of their response. Debriefs are intended to give providers the opportunity to improve their responses in the future.

    Debriefing unsuccessful providers

  • 9
    Provider executes brief and measures outcomes

    The final stage is where the provider(s) deliver(s) services to the agency in accordance with the brief and the APA. Outcomes should be measured and reported back to the agency (where applicable).

    End of process

Contract resources

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Use this suite of documents to develop your APA.

Tips for running a secondary selection process

  1. Consider the size and nature of the engagement and think about how many providers you need to engage with to achieve a competitive, high quality selection. Completing a secondary process can result in significant time and cost effort for the providers, so limit the number of providers you approach as part of your secondary selection process.
  2. Consider the risk of the procurement, which may influence the approach to take. For example, a procurement of $50k that is high risk to your organisation will require more comprehensive agency requirements and a more detailed response from the provider. In this case the dollar value is not the main driver for the secondary procurement.
  3. Gather information from the AoG CCS panel spreadsheet and use your own market knowledge and experience to determine which providers to approach.
  4. Request a quote from each of your selected providers. We suggest advising selected providers how many providers you are seeking a quote from. Your agency may have its own request for quote or proposal template that you can use for this purpose.
  5. Avoid asking questions that have already been covered when the provider applied to join the Marketplace. You can download onboarding questions and criteria below.
  6. Ensure you give providers a reasonable timeframe in which to respond.
  7. Depending on your requirements, you may request that selected providers respond using a template form. You may also opt to meet representatives of the selected providers in person prior to the submission deadline to clarify requirements. In any case, you need to ensure that the response method is clearly communicated and all providers are treated fairly.
  8. Once you have made your decision, document it in line with your internal policies and inform the selected provider(s).
  9. Advise unsuccessful providers of your selection decision and provide feedback.
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