Australian Capital Territory
Government Procurement Regulation 2007    
SL2007-29
made under the
Government Procurement Act 2001
Republication No 1
Effective:  1 October 2007 – 30 April 2009
Republication date: 1 October 2007
Regulation not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Government Procurement Regulation 2007, made under the Government Procurement Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 October 2007.  It also includes any commencement, repeal or expiry affecting the republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Government Procurement Regulation 2007
made under the
Government Procurement Act 2001
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Notes	2
Part 2	Government procurement—quotation and tender thresholds
	4	Application—pt 2	3
	5	Procurement of goods or services less than $5 000	3
	6	Procurement of goods or services for $5 000 or more and less than $100 000	3
	7	Procurement of works less than $20 000	3
	8	Procurement of works for $20 000 or more and less than $100 000	4
	9	Procurement of goods, services or works for $100 000 or more	4
	10	Procurement of goods, services or works—exemption from quotation and tender requirements	4
Part 3	Miscellaneous
	11	Procurement proposals of territory entities—Act, s 6 (c)	6
	12	Procurement proposals—minimum requirements	7
	13	Procurement procedure	7
	14	Confidentiality of information—Act, s 35 (1) (a) (vi)	7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9

Australian Capital Territory
Government Procurement Regulation 2007     

made under the
Government Procurement Act 2001

    

  

Part 1	Preliminary
1	Name of regulation
This regulation is the Government Procurement Regulation 2007.
3	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Government procurement—quotation and tender thresholds
4	Application—pt 2
	(1)	This part does not apply to procurement by the Territory or a territory entity under a standing-offer contract.
	(2)	In this section:
standing-offer contract means a contract to supply goods, services or works or a common-use contract that the Territory or a territory entity may procure from time to time during a stated period.
5	Procurement of goods or services less than $5 000
A territory entity must seek at least 1 oral quotation from a supplier for the procurement of goods or services if the total estimated value of the procurement is less than $5 000.
6	Procurement of goods or services for $5 000 or more and less than $100 000
A territory entity must seek at least 3 written quotations from suppliers for the procurement of goods or services if the total estimated value of the procurement is $5 000 or more and less than $100 000.
7	Procurement of works less than $20 000
A territory entity must seek at least 1 oral quotation from a supplier for the procurement of works if the total estimated value of the procurement is less than $20 000.
8	Procurement of works for $20 000 or more and less than $100 000
A territory entity must seek at least 3 written quotations from suppliers for the procurement of works if the total estimated value of the procurement is $20 000 or more and less than $100 000.
9	Procurement of goods, services or works for $100 000 or more
A territory entity must invite public tenders for the procurement of goods, services or works if the total estimated value of the procurement is $100 000 or more.
10	Procurement of goods, services or works—exemption from quotation and tender requirements
	(1)	The responsible chief executive officer for a territory entity may, in writing, exempt the entity from a requirement mentioned in section 6, 7, 8 or 9 for a particular procurement proposal.
Note 1	Responsible chief executive officer—see the Act, dictionary. 
Note 2	For a chief executive officer’s power of delegation, see the Public Sector Management Act 1994, div 3.5.
	(2)	However, the responsible chief executive officer may exempt the entity only if satisfied, on reasonable grounds, that the benefit of the exemption outweighs the benefit of compliance with the requirement.
Examples—when exemption may be given
1	only 1, or a limited number of, suppliers is available because of a need to buy equipment that is compatible with existing equipment, or because of a supplier’s specialist knowledge
2	only 1 supplier can supply a particular good or service
3	standardisation of a product is agreed after public tenders are called for the original equipment
4	the time within which a particular procurement activity must be completed prevents public tenders being called.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If the responsible chief executive officer exempts an entity, the chief executive officer may, in writing, direct the entity to do 1 or more of the following:
	(a)	seek a stated kind or number of quotations for the procurement;
	(b)	invite a tender from a stated supplier for the procurement.
	(4)	An exemption must state—
	(a)	the procurement proposal to which it applies; and
	(b)	the responsible chief executive officer’s reasons for giving the exemption; and
	(c)	any direction to which it is subject under subsection (3).

Part 3	Miscellaneous
11	Procurement proposals of territory entities—Act, s 6 (c)
	(1)	The following procurement proposals of territory entities must be reviewed by the board:
	(a)	a procurement proposal that has a total estimated value of $5 million or more, unless the proposal is covered by an endorsed strategic procurement plan;
	(b)	a procurement proposal of a territory entity (other than an administrative unit) that has a total estimated value of $1 million or more, unless the proposal is covered by an endorsed strategic procurement plan;
	(c)	a procurement proposal in relation to information and communications technology that includes an element of system development or redesign and has a total estimated value of $1 million or more;
	(d)	a disposal that has a total estimated value of $1 million or more.
	(2)	In this section:
endorsed strategic procurement plan means a procurement plan that—
	(a)	states that it applies to separate procurement proposals, or activities, of a stated kind; and
	(b)	has been endorsed by the board as a strategic procurement plan.
12	Procurement proposals—minimum requirements
	(1)	This section applies to a procurement proposal that may be reviewed by the board.
	(2)	The procurement proposal must—
	(a)	address the matters the entity must have regard to under the Act, section 22A (3) (Procurement principle—value for money); and
	(b)	include—
	(i)	the evaluation methodology to be used to decide the successful supplier; and
	(ii)	the evaluation criteria to be applied to the procurement; and
	(iii)	the contract management arrangements to be applied to the procurement.
13	Procurement procedure
	(1)	The Minister may give directions about the management of the procurement activities of territory entities.
	(2)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
14	Confidentiality of information—Act, s 35 (1) (a) (vi)
The following information is prescribed:
	(a)	information that, if disclosed, would have a significant adverse effect on the financial or property interests of the Territory or of a territory entity;
	(b)	information that, if disclosed, would unreasonably constrain the development or consideration of policy alternatives by government.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Government Procurement Regulation 2007 SL2007-29
notified LR 28 September 2007
s 1, s 2 commenced 28 September 2007 (LA s 75 (1))
remainder commenced 1 October 2007 (s 2 and see Government Procurement Amendment Act 2007 A2007-11, s 2 and CN2007-14)
4	Amendment history
Commencement
s 2	om R1 LA s 89 (4)
Regulation repealed
s 15	om R1 LA s 89 (3)

©  Australian Capital Territory 2007