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Rule 13:
Third-party agents

Primary requirement

  1. Agencies using third-party agents to conduct and manage a procurement remain responsible and accountable for the actions of their third-party agents.

Application

  1. Agencies must:
    1. ensure that third-party agents used to conduct and manage a procurement comply with the Rules.
    2. monitor third-party agents to ensure that they comply with the Rules. 

More information

Definition of third-party agent

A party who is contracted to manage a procurement process on behalf of an agency. The agency remains responsible and accountable for ensuring that the procurement complies with the Government Procurement Rules.

Opportunity to use third-party agents

An agency may purchase the services of a third-party agent (for example an external procurement consultant) to advise, arrange or manage a procurement, or part of a procurement, on its behalf. You should not purchase procurement advice from a supplier with a commercial interest in the contract opportunity.

You can’t avoid applying the Rules by using a third-party supplier to do your procurement for you. You can’t avoid accountability for the actions and decisions of your agent. Even if your third-party agent is another government organisation that’s not required to apply the Rules, if you are required to apply the Rules, then they are required to apply them on your behalf.

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