Key changes
1. Procurement methods
The updated CPRs set out rules as to how a multi-stage procurement can be conducted. For example, a multi-stage procurement could include an expression of interest stage followed by a request for tender stage. In particular, an initial approach to market for a multi-stage procurement must include, for every stage:
- the criteria that will be used to select potential suppliers; and
- if applicable, any limitation on the number of potential suppliers that will be invited to make submissions.
In practice, this may have an impact on relevant entities procurement timeframes as it requires relevant entities to plan every stage of a multi-stage procurement prior to the initial approach to market (noting that this may not always be possible for very complex procurements).
In addition, the updated CPRs remove:
- pre-qualified tender as a procurement method for procurements at or above the relevant procurement threshold other than for procurements under the existing Legal Services Multi-use List; and
- procurement of repetition construction services as a condition for limited tender.
2. Additional information in request documentation
The updated CPRs now expressly require that request documentation for procurements at or above the relevant procurement threshold must describe:
- the relative importance of evaluation criteria, if applicable to the evaluation. If weightings are used, the specific weighting should be provided;
- any dates for the delivery of goods or supply of services, taking into account the complexity of the procurement; and
- an estimated quantity of the goods and services to be procured, where the quantity is not known.
Whilst a number of relevant entities may already as a matter of good practice disclose this information, it will be important to review request documentation templates to ensure that the additional requirements are reflected.
3. Minimum time limits
The updated CPRs require relevant entities to extend the 25 day minimum time limit to approaches to market for procurements at or above the relevant procurement threshold by 5 days in each of the following circumstances:
- request documentation is not available electronically from the date the approach to market was published; and/or
- submissions are not accepted electronically.
In addition, relevant entities will no longer be able to reduce a minimum time limit to no less than 10 days:
- in the case of second or subsequent recurring procurements; and
- unless the details of a planned procurement have been published in an annual procurement plan for at least 40 days (rather than 30 days) and not more than 12 months.
As the updated CPRs commenced on 1 January 2018, relevant entities should take the following steps:
- review their existing and planned procurements, including request documentation and timelines, to ensure compliance with the new rules; and
- review its procurement policies and templates to ensure they comply with the updated CPRs.