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Rule 28:

Explains that an agency may include pre-conditions for participation in its procurement process and what an agency must and must not do when setting these pre-conditions.

  1. An agency may include essential conditions for participation in a procurement process in its Notice of Procurement (Rule 37). These are called pre-conditions.
  2. Suppliers must meet all of the pre-conditions to be considered for the contract opportunity.
  3. An agency must limit pre-conditions to the following critical areas:
    1. legal capacity
    2. financial capacity
    3. commercial or operational capacity or capability to deliver
    4. appropriate technical skills or expertise or relevant experience.
  4. An agency must not make it a pre-condition that a supplier has been previously awarded a contract by a named buyer or a New Zealand government agency.
  5. To assess whether a supplier meets the pre-conditions, an agency must:
    1. evaluate responses against the pre-conditions that it published in its Notice of Procurement (Rule 37 and Rule 38), and
    2. take into account the supplier’s business activities in New Zealand and overseas.


Pre-conditions allow agencies to do a 'first cut' and eliminate suppliers who do not have the minimum capacity or capability to deliver the contract.

Pre-conditions are usually answered by 'yes' or ‘no’, or ‘meets’ or ‘does not meet’.

Suppliers who meet all of the pre-conditions are then eligible to be assessed against the scored evaluation criteria.