New Zealand Government Procurement Rules changes - Awarding to New Zealand businesses
Rule 8.2
Further Information
Rule 8.2 is subject to the Australia New Zealand Government Procurement Agreement. This agreement gives Australian and New Zealand suppliers equal opportunity and treatment. The Agreement does not have value thresholds. It therefore applies to all procurements, which means that in applying Rule 8.2, you should consider capable Australian suppliers as well as New Zealand businesses.
Definition of New Zealand business:
A business that originated in New Zealand (not being a New Zealand subsidiary of an off-shore business), is majority owned or controlled by New Zealanders, and has its principal place of business in New Zealand. For purposes of Rule 8, the reference to New Zealand business includes Australian business.
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.
Rule 19: Responding to queries
1) Agencies must promptly respond to queries from suppliers and treat suppliers fairly when doing so.
Application
2) Agencies must not:
a) give information that might give a supplier an unfair advantage over the other suppliers when responding to a question
b) discuss or disclose another supplier’s confidential or commercially sensitive information (Rule 5).
3) Agencies must:
a) make information provided in response to a query that is advantageous to a supplier/s available to all suppliers at the same time
b) consider extending the deadline for suppliers’ responses if unable to reply to a question promptly or the response could result in suppliers needing to review and/or update their responses.
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?
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.
