Legal Services Procurement

Grew past the open-tender threshold: first published at $24k. The Commonwealth Procurement Rules require an agency to estimate a procurement’s maximum value, including options and extensions, before choosing how to buy. Open tender is generally required at or above the threshold.

Common explanations: Extra work that could not have been foreseen at award. A nominal value published at award and updated once the actual amount was known. A construction contract outside AusTender category 72, which we cannot tell apart from other services.

Supplier’s ABN was new: ABN active 58 days before award. When assessing value for money, the Commonwealth Procurement Rules ask agencies to consider each supplier’s performance history and the relative risk of each proposal. A business with a short record has less history to assess.

Common explanations: A joint venture, partnership or trust set up for one project or lease. A new company formed when an established business restructured or was sold. An Australian subsidiary set up by an established overseas supplier. An ABN cancelled and later reactivated, which the register shows as a new start date.