Why define when procurement rules apply?
Rules apply to the expenditure of public funds. Procuring goods, works or services is an example of expending public funds. Agencies need to determine when rules for procurement apply, or when other rules apply.
Procurement in Victoria has two main parts:
- Construction
- Goods and services
To correctly follow procurement rules, Agencies need to determine which rules apply.
How to determine which procurement rules apply
Step 1: Determine if the goods, works or services are construction
Sometimes it is clear if goods, works or services are construction or not. For procurement where this distinction is not clear, see Defining public construction (Construction Guidance 1.3b).
If the goods, works or services meet the definition of construction, the construction rules prevail.
If the goods, works or services are not construction, follow the goods and services supply policies.
Step 3: Determine if the procurement is construction works or construction services
Determine if the procurement is construction works or construction services.
Refer to the definitions of:
If construction works is being procured, follow the Construction procurement rules.
Step 4: Determine which rules apply to construction services
See definition of Construction Services.
If Construction Services is being procured, follow the Construction procurement rules.
The definition of construction services does not include services indirectly related to the delivery of works, including:
- Legal advisory services
- Commercial advisory services.
When procuring legal or commercial advisory services:
- For Agencies that must use state purchase contracts, use the relevant contract
- For other Agencies, follow Agency procurement rules.
Consider:
Manage probity and conflicts of interest
Manage probity – consider Probity issues by stage and task.
Conflicts of interest can arise during this task. Identify, declare and manage these.
Address Agency rules
Consult Agency procurement team for advice on meeting:
- procurement rules and policies
- Agency specific rules and policies
Follow Agency specific rules on when to seek an approval and who can give the approval.
Follow Agency specific rules for recording decisions and storing records.
Updated