Where the Rules use the term the Rule is mandatory and non-compliance ‘must’, is a breach. Where the Rules use the term this indicates that careful consideration of ‘should’, factors relevant to each activity is required. Agencies must observe the role and responsibilities of the following authorities to ensure compliance with the Procurement Rules: Where the Rules use the term the approval of that action rests solely ‘Accountable Officer’, with the person fulfilling the role or duties of the Chief Executive (or equivalent) and cannot be further delegated. Where the rules use the term that action may be approved by the Accountable ‘Delegate’, Officer or an authorised delegate of the Accountable Officer. Procurement Rules are structured to align with the three stages of the Procurement Lifecycle, with the addition of General Rules and a Supplementary Rule Detail Table. The Procurement Rules must be read in conjunction with the Procurement Governance Policy and current Procurement Circulars to ensure agencies are compliant in the conduct of their procurement activities. General Rules Accountability Governance and Please read in outline view for best navigational experience. Procurement Circulars may be issued by the Agency responsible for procurement policy from time to time, ‘Defensible’ means: and these must be complied with by NTG agencies. The Accountable Officer should establish Defensible means based procurement delegations for their agency that considers on proper consideration of appropriate segregation of duties. the situation and The Accountable Officer may establish additional information available at procurement processes and procedures for their agency the time (including provided they are consistent with the requirements of information that is the Procurement Act. reasonable to obtain), free Personnel must ensure they are operating within the from real or perceived procurement procedures. bias, and procedurally fair. agency’s The agency and its personnel must ensure that all means: procurement recommendations, decisions and actions ‘Probity’ are defensible. Probity aims to maintain The Accountable Officer must establish an internal the integrity of the public audit program for their agency that incorporates the sector by adopting and requirements of the Value for Territory Assurance following well-considered Program. procedures and processes If requested by the agency responsible for procurement to ensure that policy or the Buy Local Industry Advocate, the procurement decisions are provide full details of Accountable Officer must fair, transparent and requested procurement activities. defensible.
Where the Rules use the term ‘must’, the Rule is mandatory and non-compliance is a breach. Where the Rules use the term ‘should’, this indicates that careful consideration of factors relevant to each activity is required. Agencies must observe the role and responsibilities of the following authorities to ensure compliance with the Procurement Rules: Where the Rules use the term ‘Accountable Officer’, the approval of that action rests solely with the person fulfilling the role or duties of the Chief Executive (or equivalent) and cannot be further delegated. Where the rules use the term ‘Delegate’, that action may be approved by the Accountable Officer or an authorised delegate of the Accountable Officer. Procurement Rules are structured to align with the three stages of the Procurement Lifecycle, with the addition of General Rules and a Supplementary Rule Detail Table. The Procurement Rules must be read in conjunction with the Procurement Governance Policy and current Procurement Circulars to ensure agencies are compliant in the conduct of their procurement activities. General Rules Governance and Accountability Please read in outline view for best navigational experience. Procurement Circulars may be issued by the Agency responsible for procurement policy from time to time, and these must be complied with by NTG agencies. The Accountable Officer should establish procurement delegations for their agency that considers appropriate segregation of duties. The Accountable Officer may establish additional procurement processes and procedures for their agency provided they are consistent with the requirements of the Procurement Act. Personnel must ensure they are operating within the agency’s procurement procedures. The agency and its personnel must ensure that all procurement recommendations, decisions and actions are defensible. The Accountable Officer must establish an internal audit program for their agency that incorporates the requirements of the Value for Territory Assurance Program. If requested by the agency responsible for procurement policy or the Buy Local Industry Advocate, the Accountable Officer must provide full details of requested procurement activities. ‘Defensible’ means: Defensible means based on proper consideration of the situation and information available at the time (including information that is reasonable to obtain), free from real or perceived bias, and procedurally fair. ‘Probity’ means: Probity aims to maintain the integrity of the public sector by adopting and following well-considered procedures and processes to ensure that procurement decisions are fair, transparent and defensible.
procurement-rules-sept-2017.docx