Oct 27 / Joanne Toon

New Zealand Government Procurement Rules changes - Awarding to New Zealand businesses

The New Zealand Government Procurement Rules are changing. The fifth edition goes live on the 1st December. While a lot of the changes are cosmetic – making the language less bureaucratic, merging rules where they were repetitious, or moving information that was in the rules into guidance, there are a few points which suppliers need to be aware of.

In this series of articles, I want to highlight some of the more significant changes for suppliers, and outline any actions which you should be doing to get ready.
After exploring the wider approach of Rule 8 in the previous article, today I wanted to highlight Rule 8.2, which places an expectation on agencies award below threshold contracts to New Zealand businesses. I'm also touching on a change to Rule 19 around responding to queries from suppliers.

Why this change?

One of the ongoing challenges and complaints I hear from suppliers is being “locked out” of government contracts. This was also highlighted in last year’s Auditor General’s report back to the Select Committee on his office’s audit of government procurement.

Competing for contracts is expensive, and smaller businesses find it harder to justify the time and cost of bidding for open tenders, where they may be competing against a large number of suppliers. Helping smaller businesses compete in closed processes (where they know they are only bidding against three to five others) will not only improve their chances of success, but also increase the experience of bidding for work, leading to greater confidence when competing in the open competitive market. And a knock-on bonus – hopefully improving the quality of bids in general to make the evaluation teams’ lives easer, too!

Similarly, for the ‘below three quotes’ value threshold, working directly with local businesses rather than automatically going to a larger multinational will help increase the general capability and capacity of New Zealand businesses to work with government.

By setting the expectation that New Zealand businesses will get priority consideration when awarding low value contracts, we should see a greater number of contracts going to local organisations. The direct impact is not only supporting those businesses, but ensures money stays on-shore with taxes paid in New Zealand and local people being employed.

What does this mean for me?

The rationale behind this rule is good. Lower value contracts are a simple way of supporting smaller suppliers – as well as the financial benefit, this helps them build up their experience, and will ultimately give them the ‘foot in the door’ references they need to start tackling larger contracts.

But – this will only work as intended if agencies are responsive to and prepared to work with smaller suppliers who may be new to them.

Because agencies are allowed to go directly to one or a small subset of suppliers for below-threshold contracts, it will be very easy to just return to suppliers they have worked with in the past, with the confidence they can deliver and know the agency. This risks them predominantly considering larger businesses even for smaller pieces of work. Given these suppliers could also meet the definition of NZ businesses, this would fulfil the spirit of the rule,
even if it doesn’t support smaller organisations.

Suppliers therefore have to be proactive about reaching out to agencies and letting them know they exist, and that they are NZ businesses. And agencies need to have methods for receiving these queries, responding to them, and then maintaining and using a database of organisations they could approach when they have the specific need.

This is where the application of Rule 19 will be crucial.

In previous versions of the rules, the wording specifically directed agencies to respond to suppliers’ questions about a procurement. This updated version simply states that agencies must respond to queries from suppliers. I interpret this to mean agencies must be responsive to questions and communications from suppliers, even if they aren’t involved in an active procurement process.

I will be expecting to see agencies providing options for suppliers to proactively contact them, including a monitored email address advertised alongside their published procurement policy (more about this updated rule in a future article!).

What do I need to do now?

If you are a smaller NZ business, looking to get your foot in the ‘government’ door, then do your research. Investigate the agencies you would like to supply to – check out their websites and understand their core business. Make sure that what you are offering is something they’d be interested in buying.

Get in touch with the agency to let them know you exist. There should be a centralised email address (such as "procurement@..."). Make sure your email is clear about who you are, what you sell and how you can help support the agency. If valid, include that you are a NZ business! Warning - don't make your email overly wordy or stuffed full of sales-speak and brochures - you want the agency to quickly and easily understand what you do, and why you should be invited to bid for relevant work.

Check out whether the services you offer are already covered by an All of Government contract. Sadly, if you aren’t already on the panels, you do need to wait until they are readvertised before you can apply. If you are already on an AoG panel, then make sure you include that information in your communication with the agencies.

Additional commentary

While I appreciate a significant proportion of low value contracts go through the All of Government panels, which dictate which organisations agencies can approach for certain services / goods, there are still plenty of options for engaging with smaller organisations. I’d like to throw down a challenge to all agencies (whether or not they are mandated by the rules) to include at least one new-to-them organisation for every below threshold or closed AoG process. They can’t take part in a process if they don’t know about it, and they can’t win bids if they aren’t given a chance.

Join in the conversation!

If you want to chat about this change - head over to the article on LinkedIn
Created with