Directions
Directions made under the Government Procurement Regulation 2007 by the Minister give directions about the management of the procurement activities of Territory entities.
GOVERNMENT PROCUREMENT (CHARTER OF PROCUREMENT VALUES) DIRECTION 2020
Overview
The ACT Government is proud to be an aware and informed purchaser and is committed to active consideration of a range of ethical, environmental, economic and social factors to ensure that procurement processes and outcomes reflect the values of the ACT Government and the community.
The Government Procurement (Charter of Procurement Values) Direction 2020 (Direction) commenced on 8 September 2020. It applies to all new procurements regardless of dollar value.
The Direction incorporates the Charter of Procurement Values (Charter). The Charter aims to reflect community standards by expressing the ACT Government’s expectations of itself and its suppliers, through six procurement values that the ACT Government seeks to embed in its procurement.
Resources and templates
The Frequently Asked Questions document provides Territory Entities and suppliers with key information about the Direction.
The Procurement Values Guide (Guide) provides detailed information and guidance to Territory Entities and suppliers on the application of the Direction and the Procurement Values to individual procurements.
GOVERNMENT PROCUREMENT (ETHICAL TREATMENT OF WORKERS EVALUATION) DIRECTION 2023 (No 2)
Overview
From 1 January 2024, the Government Procurement (Ethical Treatment of Workers Evaluation) Direction 2023 (No. 2) (ETWE Direction) will apply to any procurements that meet the following criteria:
- it is subject to the Secure Local Jobs Code; or
- it is in an industry with a high risk of modern slavery not already covered by the Secure Local Jobs Code as follows:
- it has an estimated value of $200,000 or more.
The ETWE Direction does not apply to:
- contracts established through standing offer as defined by the Government Procurement Regulation 2007; and
- procurements for which an exemption from the Secure Local Jobs Code has been granted under section 22H of the Government Procurement Act 2001.
For procurements that were released to market prior to 1 January 2024, please refer to the ETWE Direction here: Government Procurement (Ethical Treatment of Workers Evaluation) Direction 2023 (No. 1).
For further information, visit Ethical Treatment of Workers Evaluation.
RESOURCES AND TEMPLATES
The Ethical Treatment of Workers - Guide for Respondents assists respondents in better understanding and appropriately addressing the requirements of the Ethical Treatment of Worker’s Evaluation when preparing their responses to Territory procurements.
The Fair and Safe Employment Criteria Response Schedule is a sample of the template that respondents must complete when responding to a procurement where the ETWE Direction applies. Please note that the applicable industries identified (by ANZSIC codes) above with a high risk of modern slavery will only need to complete the modern slavery component (table 2) of the Fair and Safe Employment Criteria Response Schedule.
Support
If you need support, contact us on the below details:
For Secure Local Jobs Code inquiries:
Secure Local Jobs Code
email: securelocaljobs@act.gov.au
phone: 02 6207 3005
For Ethical Treatment of Workers inquiries:
Ethical Treatment of Workers Evaluation
email: etwe@act.gov.au
phone: 02 6207 3005
For general inquiries:
TendersACT
email: tendersACT@act.gov.au
phone: 02 6207 7377
Policies
The Territory has a number of policies and strategies that need to be considered when a Territory entity is undertaking a procurement. These include:
ACT public servants are encouraged to seek quotes from relevant Aboriginal and Torres Strait Islander Enterprises wherever possible, driving growth in economic participation for Aboriginal and Torres Strait Islander enterprises through an increase to the ACT Government’s spend with Aboriginal and Torres Strait Islander enterprises. For more information see Aboriginal and Torres Strait Islander Procurement Policy.
The Canberra Region Local Industry Participation Policy (LIPP) applies to all approaches to market by Territory entities as implemented from 1 January 2017.
Territory entities must consider local capability and economic benefits for the Canberra Region when determining the best available procurement outcome.
LIPP requirements will be stated at the initial invitation stage of a procurement process for procurements $200,000 or above (GST inclusive).
Suppliers responding to a Territory entity procurement of $200,000 or more and less than $5 million (GST inclusive) will be required to complete an Economic Contribution Test (ECT).
For procurements $5 million and above (GST inclusive) respondents will be required to submit a Local Industry Participation (LIP) plan. The successful bidder will also be required to report on their IP plan outcomes as part of the contract terms.
A non-project specific ECT is required for businesses responding to a request to join a standing offer arrangement or panel (ECT – Panel Establishment/Standing Offer Arrangements).
Below are the ECT and LIPP templates. These templates are subject to the value of the procurement.
Goods and Services (non-construction related)
For goods and services (non-construction related work) templates are issued as part of the documentation package in the approach to market.
For information about construction related procurement please visit Major Projects Canberra.
For information about unsolicited proposals see Unsolicited Proposals.
Guidance
The Territory has released a new Probity in Procurement Guide to provide guidance on probity and how to maintain probity in ACT Government procurement processes.
Procurement Factsheets and Better Practice Guidance
The following factsheets and Better Practice Guidance provide guidance on key procurement topics as they relate to the Territory. Users should seek advice from Procurement ACT for any specific matters.
- Addressable Spend under the Aboriginal and Torres Strait Islander Procurement Policy
- Australian New Zealand Government Procurement Agreement (ANZGPA)
- Definition of a Territory Entity
- Definition of Procurement
- Disposal of Goods
- Distinguishing Procurements from Grants
- Free Trade Agreements
- Circular Economy Act 2023
- Procurement during the Caretaker Period
- Procurement with Aboriginal and Torres Strait Islander Enterprises
- Procurement Record Keeping
- Risk Management
- The Procurement Framework