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Complying with procurement policy and legislation

Complying with the policies and legislation relating to procurement.

Last updated 1 August 2021

Commonwealth Procurement Rules

The Commonwealth Procurement RulesExternal Link (CPRs) outline the rules surrounding procurement contracts for Australian Government agencies.

The CPRs provide guidelines that we and any potential or current supplier must follow.

Understanding these responsibilities and relevant guidelines can also assist you in writing a targeted tender response.

Supplier diversity

The CPRs contain rules to promote equal opportunity within underrepresented groups.

These groups include registered Indigenous businesses and Australian Disability Enterprises.

You can gain an understanding of your participation requirements and our responsibilities regarding procurements by referring to our Supplier diversity page.

Digital services

While the CPRs set out rules we must comply with when procuring goods and services, there are additional rules and guidelines that must be followed for procurements with businesses within the Information and Communications Technology (ICT) goods and services sector.

The Digital Transformation Agency (DTA) ICT procurement pageExternal Link provides further information on the rules and guidelines, which aim to make it easier and less expensive for businesses to contract with the Australian Government, and deliver better government services at a lower cost.

Modern slavery

The Commonwealth Modern Slavery Act 2018 establishes a national modern slavery reporting requirement for certain large businesses and other entities in the Australian market to report on risks of modern slavery in their operations and supply chains.

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Statement of tax record

Businesses tendering for Commonwealth Government procurements that are undertaken through open tenders and have an estimated total value of over $4 million (including GST) must obtain a statement of tax record (STR) showing satisfactory engagement with the tax system.

First tier subcontractors undertaking work individually valued at over $4 million (including GST) for the prime contractor are also required to have a satisfactory tax record.

Visit our Statement of tax record page for more information on STRs including how to apply or what happens if your STR is unsatisfactory.

Senate order

The Senate order on departmental and agency contracts requires agencies to publish details of procurement contracts valued at $100,000 or more (including GST) that:

  • have been entered into in the previous 12 months
  • have not been fully performed.

From 1 July 2015, reports are generated by the Department of Finance and published on AusTenderExternal Link.

The ATO report is available on AusTender from the ‘Senate Order’ menu.

The ATO assures that the listed contracts do not contain any inappropriate confidential provisions.

The cost of compliance with the Senate order is estimated at $2,600 on the basis of full direct costs – that is the cost of salaries for the time spent by staff on data collection, quality assurance, management and administrative support relating to the production of the Senate order.

Government Procurement (Judicial Review) Act 2018 (Cth)

The Act establishes an independent complaint mechanism for government procurement processes, and applies to contraventions or proposed contraventions of relevant Commonwealth Procurement Rules for relevant procurements.

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The ethical business relationship (EBR) statement details codes of conduct and responsibilities in business dealings between the ATO and its suppliers.

Information management for our contractors and its crucial part in government administration and accountability.