The Victorian Government’s measures to implement the procurement requirements of international agreements being the procurement rules that may form the basis for a complaint.
Public construction procurement
Public construction procurement under Part 4 of the Project Development and Construction Management Act 1994.
The following is an exhaustive list of measures as they apply to covered procurements for construction works and construction services.
Relevant parts of the Ministerial Direction or Instruction that contain measures are:
Instruction 2.1: All, including:
- Attachment 1 Agencies that must comply with government procurement requirements under International Agreements.
- Attachment 2 Government procurement requirements under International Agreements.
Ministerial Direction 3:
- Direction 3.5 Tender open times – paragraph (a) only.
Ministerial Direction 3:
- Direction 3.7.3 Mandatory evaluation criteria.
- 3.6.2 Terms and conditions to be set out in Tender Documentation.
- 3.6.3 Avoid issuing late and multiple addenda.
- 4.1.2 Treat tender participants fairly and equally.
- 4.1.3 Maintain confidentiality of tender participants’ confidential information.
- 5.2.1 Disclose details of contracts – paragraph (a) only.
- 6.1.2 Requirements for establishing a Register – paragraphs (a)–(e) and (g) only.
Ministerial Direction 8:
- 8.1 Debrief for tender participants.
Goods and services procurement
Procurement of goods and services under Victorian Government Purchasing Board Supply Policies
The measures are incorporated into the supply policies of the Victorian Government Purchasing Board made under the Financial Management Act 1994, and associated Victorian Government Purchasing Board guidance.
The measures only apply to the extent that they implement the procurement requirements of international agreements.
Governance – Goods and services policy:
- The following requirement in section 3 (Complaints Management): The organisation must also ensure that its procurement governance framework includes measures that implement a dispute resolution mechanism as required by Australia’s international free trade agreements
Complexity and capability assessment – Goods and services policy:
- Section 1 (Complexity Assessment): The text under part 1.1, Mandatory requirements for a complexity assessment.
Market approach – Goods and services policy:
- Section 1 (market approach):
- part 1, market approach
- part 3, evaluation, negotiation and selection
Contract management and contract disclosure – Goods and services policy:
- Section 2 (Contract disclosure)
Government procurement under International Agreements – goods and services procurement guide
- All excluding section under heading 'Australia New Zealand Government Procurement Agreement'
Pre-qualified supplier arrangements – goods and services procurement guide:
- Under the heading 'Open and closed pre-qualification registers'
Improving access to government business for SMEs – goods and services procurement guide:
Managing probity – goods and services procurement guide:
Innovation and the procurement process – goods and services procurement guide:
- Under heading 'Early supplier engagement'
Achieving value for money – goods and services procurement guide (Policy 1):
- Under headings of 'Competition and market development/innovation' and 'Non-financial factors'
Developing a procurement strategy – goods and services procurement guide:
- Under heading of 'Supplier analysis'
Complexity - goods and services procurement guide:
- Text under the heading 'Sourcing methods'
Evaluation, negotiation and selection – goods and services procurement guide:
Market approach – goods and services procurement guide:
- Under the headings 'Local Jobs First - Victorian Industry Participation Policy (VIPP)' and 'Maximising participation from small to medium enterprises'
- Under the headings 'Eliminating bias when engaging with the market' and requiring compliance with International and Australian Accreditation Standards where applicable
- Under the heading 'Market notification'
- Under the heading 'Suggested submission periods'
- Under the heading 'Invitation to supply information'
- Under the heading 'Informing suppliers during the process'
- Under the heading 'Market approach during critical incidents'
Specification writing – goods and services procurement guide:
- Under the headings 'Before preparing a specification' and 'Preparing specifications'
Probity in procurement – goods and services procurement guide:
Supplier feedback over the procurement process – goods and services procurement guide:
- all, except for 'Supplier feedback during the contract term' and 'Supplier feedback at the end of the contract'
Developing an offer template – goods and services procurement guide:
Tools and support
Contact your procurement governance unit if you have any questions on international agreements.
Reviewed 05 July 2023