This page provides step by step instructions on how to use the All-of-Government (AoG) external legal services contract.
Agency requirements will vary and may include legal services that are:
You need to decide what your agency’s or school’s requirements are, and which area of law they fall into to help you identify providers with the required expertise.
Your requirements may fall solely into one area of law (or sub-area of law). If not, you'll need to decide which area (or sub-area) is most relevant to your needs. This might mean reaching out to more than one provider for information to assess whether they can deliver what you need.
If your agency is subject to the Cabinet Directions for the conduct of Crown Legal Business 2016 , consider whether these also apply to your requirements. More detail on the Cabinet Directions is on Procure Connect.
You can select providers from the panel in one of two ways. The method you choose will depend on your:
You can source a provider directly from the panel, based on the information on Procure Connect and your own knowledge and experience.
You can complete a secondary selection process where you reach out to a number of providers on the panel through Procure Connect.
The list of external legal services providers is grouped by areas of law and gives a brief description of each provider. This information is also available by accessing the panel through Procure Connect.
External legal service providers
Use Procure Connect to review providers, see provider rates and value-add services.
If you don’t have access to Procure Connect, speak to your agency’s procurement team.
External Legal Services — Procure Connect
You can request information from providers to inform your secondary selection decision. This information must be provided free of charge.
Procure Connect will step you through the process of running an RFx and sourcing providers from the ELS panel. When you've selected a provider, document your decision and get the approvals you need, in line with your agency's internal procurement and decision-making processes.
You will need to use a Legal Services Order (LSO) to document your requirements and the work.
If you have any existing service orders in progress, these will need to be managed outside of Procure Connect.
Some agencies are mandated to follow the Government Procurement Rules, including Rule 38, and purchase from AoG contracts.
Rule 38: All-of-Government contracts
In certain circumstances, you can purchase legal services from a provider who is not on the panel. The terms of the Memorandum of Understanding (MoU) set out when your agency can use off-panel providers. For example, if no panel provider has the necessary expertise or capacity to provide the required legal services.
If you want to engage an off-panel provider make sure you:
You will receive a survey to complete though Procure Connect following the completion of any legal services order. For longer term engagements, a survey will be sent at regular intervals during the term.
Provider performance All-of-Government contract survey
Under the terms of the MoU, you must complete the provider performance survey. The survey is short – you only need to answer 5 questions about your agency’s experience using the provider, including service delivery.
NZGP uses this feedback to monitor providers’ performance. We also use it to inform the capability ratings on Procure Connect. Agencies can use these ratings to inform their selection of providers.
There is more information in the Master Services Agreement or if you have any questions, email us.
End of processYou should ask providers about conflicts of interest, if engaged by your agency to provide services. A provider must confirm whether they would have an actual, potential or perceived conflict of interest related to the work.
If a provider identifies a conflict of interest, they cannot provide services until your agency has given written approval to do so. The conflict of interest should be recorded and if necessary, a management plan put in place.
Providers must provide an estimate or quote.
Unlike an estimate, a quote means a fixed or capped price, or other pre-agreed basis for calculating the charges. For both estimates and quotes, the provider can’t increase charges without an agency’s prior written consent.
You and your chosen provider may agree a fixed or capped fee based on their estimate or quote. Any estimate or quote must be calculated on the basis of the provider’s rates.
There are various pricing models available as part of the panel, including:
Using a legal services order (LSO) is a contractual requirement.
The content of the LSO must be agreed by both the agency and the provider. If you do not use an LSO, you expose your agency and the provider to avoidable risks (like contractual disputes).
When you've selected a provider from the panel, document your legal services requirements using the LSO template through Procure Connect.
Make sure that:
LSOs can be tailored to your agency’s particular needs and requirements, including:
When setting the term of an LSO, it must not be longer than 4 months beyond the current term of the AoG external legal services contract, unless your agency obtains prior written approval for a longer term from NZGP.
The LSO must be signed by both parties to confirm the terms agreed. You should agree to the services order as soon as possible.
Arrange for the LSO to be signed on behalf of your agency by a person with delegated authority to do so.
Keep a copy of the signed LSO in your agency’s records. Procure Connect will also maintain a copy. Set up reminders to proactively manage a provider’s delivery of your agency’s requirements, and to meet any of your own obligations (like payment of provider invoices).
You can also use the LSO template to document any subsequent variation or change to the original requirements and specific terms. Parties can agree any changes to the original LSO by creating a restated version, adding a variation number, and signing and dating the restated version.