Procurement legislation in the ACT comprises the Government Procurement Act 2001 (Act), the Government Procurement Regulation 2007, and associated statutory instruments made under the Act. These establish the legal framework for Territory procurement, which is operationalised through the broader ACT Government Procurement Framework.
Government Procurement Act 2001
The Government Procurement Act 2001 (Act) defines procurement as the process by which a Territory entity:
- acquires goods or services by any means, including purchase, lease or rent (with or without an option to buy), or exchange; or
- deals in any legal or equitable estate or interest in land or deals in a right, power or privilege over, or in relation to, land as a sublease or licence over land, or part of land, in which the Territory or the Territory entity is the sublessee or licensee.
This definition includes the process by which a Territory entity disposes of goods by any means, including sale. It also includes a procurement by a Territory entity acting solely on behalf of another entity or another entity acting solely on behalf of a Territory entity.
However, the definition of procurement does not include:
- acquiring goods or services for resale or use in the production of goods for resale
- an acquisition of goods or services between Territory entities
- a dealing in land other than as specified above (such as the grant of a lease or licence of land under the Planning Act 2023, the purchase of land by the Territory or a Territory entity and the grant of a sublease or licence by the Territory or a Territory entity as sublessor or licensor), or
- a dealing that is a procurement, to the extent that it is between Territory entities.
The Act specifies that in establishing value for money, the responsible chief executive officer for a Territory entity must be satisfied that the decision or function:
- uses public resources in an efficient and effective manner,
- manages any risks appropriately,
- is undertaken by the Territory entity with probity, and
- complies with the Act, including any Ministerial direction about government procurement practices.
Government Procurement Regulation 2007
The Government Procurement Regulation 2007 supports the Act and, among other things, specifies the minimum number of quotations that must be sought from suppliers at different threshold levels. The Regulation also outlines the role of the Government Procurement Board, and requirements to publish notifiable contracts, amendments and invoices.
Secure Local Jobs Code
Suppliers tendering for construction, cleaning, security or traffic management work must have a Secure Local Jobs Code Certificate.
Government Procurement Rules 2024
The Government Procurement Rules 2024 (Rules) specify the rules that Territory entities must follow when exercising a function in relation to procurement. The Rules capture requirements that are not otherwise provisioned in other legislation. The Rules cover all stages of the procurement lifecycle and support the delivery of transparent, efficient and effective procurement practices.